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HomeMy WebLinkAbout7B Public Waters AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 7B JEFFREY T. EVENS, ENGINEERING TECHNICIAN IV CONSIDER AMENDMENT TO ORDINANCE 94-04 OF PRIOR LAKE CITY CODE, TITLE 9, CHAPTER 3, "PUBLIC WATERS", AFFECTING SURFACE WATER USAGE IN ACCORDANCE WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES RECOMMENDATIONS. JUNE 6,1994 The purpose of this Agenda item is to consider amending Ordinance 94-04. These amendments would re-write Title 9, Chapter 3, entitled "Public Waters", of the City Code. Numerous Public Meetings, including a September Public Hearing were conducted last year to consider changing the Public Waters Chapter of the City Code.Another Public Hearing was held on January 18, 1994. At the January 18, 1994 meeting, Council approved Ordinance 94-04. On April 1, 1994 an application for Water Surface Use Ordinance was submitted to the Minnesota Department of Natural Resources for final approval prior to implementation. On May 24, 1994 the City received the DNR's recommended changes to the Ordinance. Attached is a copy of Ordinance 94-04 as originally approved by the City Council. Also attached is a letter from the DNR outlining their concerns together with a redraft of the ordinance based upon the DNR's recommendations. The final attachment is the Ordinance as revised by the DNR and placed in adoptable format by the City Attorney. In brief, the DNR has approved all sections of the City Ordinance except for the sections dealing with Eurasian Watermilfoil. Because the lake has over 75 acres infested, the DNR does not believe marking the lake is any longer effective therefore there is no need to continue the prohibition against boating in the marked areas. A section was added requiring the City to notify the Public once the Ordinance is adopted. Finally, the DNR redrafted the Ordinance to enhance it's understandability. -1- 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY E'I(PLOYER I" 'It .' , ALTERNATIVES: ACTION REQUIRED: REVIEWED BY: jeag7b.eng It will be the responsibility of the City to mark the accesses with signs and to notify the public of the conditions of this ordinance. The ordinance will be effective upon adoption by the Council and publication in the Prior Lake American on June 11, 1994. The alternatives are as follows: 1. Adopt amendment to Ordinance 94-04, amending Prior Lake City Code, Title 9, Chapter 3. 2. Adopt amendment to Ordinance 94-04, with modifications. 3. Table this item for further discussion. 4. Do not adopt amendment to Ordinance 94-04. The action required)s for the City Council to approve a motion adopting a0}8ndments to Ordinance 94-04, amending Prior Lake Cit~ Code~l~e 9, Chapter 3. · .11 j" l I }~. -- . / \~ -2- CITY OF PRIOR LAKE ORDINANCE NO. 94-04 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 9, CHAPTER 3. The Cicy Council of the City of Prior Lake does hereby ordain: Title 9, Chapter 3 of Prior Lake City Code is hereby amended in its entirety to read as follows: Section: 9-)-1: 9-)-2: 9-3-3: 9-3-4: 9-3-5: 9-3-6: 9-)-7: 9-3-8: 9-3-1: 9-3-2: 9-3-3: CHAPTER 3 PUBLIC WATBRS Title Purpose Definitions Watercraft Speed LLmitations Additional Restrictions Exemptions Enforcement Penalties TITLE: This Chapter shall be known and cited as the "Public Waters" Chapter. PURPOSE: This ordinance is enacted for the purpose and with the intent to control and regulate the use of the waters of Prior Lake in the City of Prior Lake, ~nnesota, to promote its fullest use and enjoyment by the public in general and property in connection with the use of said waters; to harmonize and integrate the varying uses of said waters; and to promote the general health, safety and welfare of the citizens of Minnesota. DBFINITIONS: For the purposes of this Chapter, the following terms shall have the meanings: HIGH WATER: an elevation of 904.0' or greater above mean sea level on Prior Lake, as deter.mined by the Prior Lake/Spring Lake Watershed District gauge. the body of water given that name and assigned the lake numbers 70-26 and 70-72 by the Department of Natural Resources. PRIOR LAKE: ,.' . jllll '__~~".*"~'V"""'_M'''''_''~'~~''''''_~''.~-''''''''''' T t SHORE: the line separating land and water which shifts as lake levels increase and decrease. SLOW NO-WAKE: the operation of a Watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than five (5) miles per hour. WATERCRAFT: any contrivance used or designed for navigation on water, except: (1) a duck boat during the duck hunting season; (2) a rice boat during the harvest season; or (3) a seaplane. 9-)-4: WATERCRAFT SPEED LIMZTATIONS: {A} No person shall operate a Watercraft, at any time, at greater than a slow no-wake speed within one hundred fifty feet (150') from Shore. No Watercraft towing a person on waterskis, innertube, aquaplane or similar device shall be operated at any time within one hundred fifty feet (150') of Shore; provided, however, that any Watercraft launching or landing a person on waterskis, innertube, aquaplane or similar device by the most direct and safe route to open water or Shore shall be exempt from this provision. (B) Daytime Speed Limit: No person shall operate a Watercraft at greater than forty (40) miles per hour, from sunrise to one hour after sunset, on all weekends and legal holidays occurring fram Memorial Day weekend through Labor Day weekend. (e) Nighttime Speed Limit: No person shall operate a Watercraft at greater than twenty (20) miles per hour, from one hour after sunset to sunrise the following day, at any time during the year. (D) High Water Slow No-Wake: No person shall operat.e a Watercraft at greater than a slow no-wake speed on the entire lake when the water level reaches nine hundred four feet (904.0') sea level, as measured by the City at the Prior Lake/Spring Lake Watershed District gauge. Such restrictions shall become effective upon publication in the local newspaper as a news item or on a specified date, whichever is later. All public water accesses and private ramps shall be posted prior to and during the time restrictions are in place. In addition, - 2 - notice of said restrictions shall be posted at the Prior Lake City Hall. When high water levels"'hav~'subsided and have remained below an elevation of nine hundred four feet (904.0') sea level for three (3) consecutive days, said restriction shall be promptly removed. 9-3-5: ADDITIONAL RESTRICTIONS: (A) No person shall use an inflatable watertoy, air mattress or innertube more than one hundred fifty feet (150') from Shore, unless accompanied by a Watercraft. (8) No person shall SW~ more than one hundred fifty feet (150') from Shore, unless accompanied by a Watercraft. 9-3-6: EXEMPTIONS: 9-3-8: (A) All authorized resource management, emergency and enforcement personnel, while acting in the performance of their assigned duties, are exempt from the restrictions set forth in this Chapter. (B) A temporary exemption from the restrictions set forth in Section 9-3-4(A) may be allowed under certain circumstances. To qualify for a temporary exemption, an application for a permit must be completed, which shall include: the purpose of the exemption, the organization or persons being exempted, the location of the exemption, and the date and time of the exemption. The temporary exemption permit shall be issued by the Scott County Sheriff's Department. 9-3-7: NOTIFICATION: The City of Prior Lake shall place a sign at each public watercraft launching facility outlining essential elements of this Chapter, as well as other necessary buoy. and signs. ENFORCEMENT: The enforcement of this ordinance shall be the primary responsibility of the Scott County Sheriff's Department. Other licensed peace officers, including Conservation Officers of the Minnesota Department of Natural Resources, are also authorized to enforce the provisions of this Chapter. 9-3-9: PENALTIES: Any person who violates any provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fin& of nOt more than seven hundred dollars ($700.00), or by imprisonment of not more than ninety (90) days, or both. - 3 - T . This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this day of , 1994. ATTEST: City Manager Mayor Published in the Prior Lake American on the ____ day of 1994. Dra.fted By: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center ~nneapolis. Minnesota 55402 - 4 - ~-''''''',~I - :--c ORDINANCE AS ORIGINALLY ADOPTED CITY OF PRIOR LAKE ORDINANCE NO. 94-04 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 9, CHAPTER 3. The City Council of the City of Prior Lake does hereby ordain: Title 9, Chapter 3 of Prior Lake City Code is hereby amended in its entirety to read as follows: Section: 9-3-1: 9-3-2: 9-3-3: 9-3-4: 9-3-5: 9-3-6: 9-3-7: 9-3-1: 9-3-2: CHAPTER 3 PUBLIC WATERS Title Purpose Definitions Limitation on Use of Watercraft; Exemptions Slow No-Wake Zones Additional Restrictions Enforcement and Penalties TITLE: This Chapter shall be known and cited as the "Public Waters" Chapter. PURPOSE: For the purposes of this Chapter, the following terms shall have the meanings: HIGH WATER: an elevation of 904.0' or greater above mean sea level on Prior Lake, as determined by the Prior Lake/Spring Lake Watershed District gauge. PRIOR LAKE: the body of water given that name and assigned the lake numbers 70-26 and 70-72 by the Department of Natural Resources. SHORE: the line separating land and water which shifts as lake levels increase and decrease. SLOW NO - WAKE : the oDeration of a Watercraft at the . slowest possible speed necessary to maintain steerage and in no case greater than five (5) miles per hour. WATERCRAFT: any contrivance used or designed for navigation on water, except: (lj a duck boat during the duck hunting season; (2) t . ORDINANCE AS ORIGINALLY ADOPTED a rice boat during the harvest season; or (3) a seaplane. 9-3-4: LIMITATION ON USE OF WATERCRAFT EXEMPTIONS: (A) No Watercraft shall be operated on Prior Lake except in compliance with this Chapter. (B) Authorized resource management, emergency and enforcement personnel, when performing their assigned duties, shall be exempt from this Chapter. (C) A temporary exemption from the restrictions set forth in subparagraph A) of Section 9-3-5 may be allowed under certain circumstances. To qualify for a temporary exemption permit, an application for a permit must be completed, which shall include: the purpose of exemption, the organization or persons being exempted, the location of exemption and the date and time of exemption. The temporary exemption permit shall be issued by the Scott County Sheriff's Department. 9-3-5: SLOW NO-WAKE ZONES: (A) From Shore to a distance of one hundred fifty feet (150') from Shore shall be designated a perpetual Slow No-Wake zone. No Watercraft towing a person on water skis, innertube, aquaplane or similar device shall be operated at any time in a perpetual Slow No-Wake zone; provided, however, that any Watercraft launching or landing a person on water skis, innertube, aquaplane or similar device by the most direct and safe route to open water or Shore shall be exempt from this provision. (B) During periods of High Water, the City Manager of Prior Lake, or his/her designee, may, at his/her discretion, and upon notifying the Scott County Sheriff, impose an additional Slow No-Wake zone on such areas of Prior Lake as may be deemed necessary. Such restrictions shall become effective upon publication in the local newspaper as a news item or on a specified date, whichever is later. All public water accesses and private launch ramps shall be posted prior to and during the time the restrictions are in place. In addition, notice of said restrictions shall be posted at the Prior Lake City Hall. - 2 - ORDINANCE AS ORIGINALLY ADOPTED When High Water levels./;haVe subsided and have remained below an elevation of 904.0' for three (3) consecutive days, said restrictions shall be promptly removed. 9-3-6: ADDITIONAL RESTRICTIONS: The following restrictions shall be in effect at all times, unless otherwise noted: (A) The Maximum speed limit for Watercraft on Prior Lake from one hour after sunset to sunrise the following day shall be twenty (20) miles per hour. The maximum speed limit for Watercraft on Prior Lake from sunrise to one hour after sunset on all weekends and legal holidays occurring from Memorial Day weekend through Labor Day shall be forty (40) miles per hour. (B) No person shall use an inflatable watertoy, air mattress or innertube more than one hundred fifty feet (150') from Shore, unless attached to a Watercraft. (C) No person shall swim more than one hundred fifty feet (150') from Shore, unless accompanied~hy a Watercraft. (OJ No person shall anchor or operate a Watercraft within fifty feet (SO') of any area identified by qualified aquatic biologists and marked for prescribed treatment with yellow milfoil marker buoys. (E) No person shall place a trailer or launch a Watercraft with Eurasian water milfoil attached into any water bodies within the City of Prior Lake. 9-3-7: ENFORCEMENT AND PENALTIES: (A) The Scott County Sheriff's Department and other licensed peace officers, including conservation officers of the Minnesota Deoartment of Natural Resources, shall have the authority to enforce the provisions of this Chapter. (B) Except as otherwise set forth in Minn. Stat. S 84.9692, violation of any provision of this Chapter shall be a misdemeanor and shall be punished by 'a fine not to exceed seven hundred dollars ($700.00) or by imprisonment not to exceed ninety (90) days, or both, and costs. This ordinance shall become effective from and after its passage and publication. - 3 - f . ORDINANCE AS ORIGINALLY ADOPTED Passed by the City Council of the City of Prior Lake this ____ day of , 1994. ATTEST: City Manager Mayor Published in the Prior Lake American on the ____ day of 1994. Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center Minneapolis, Minnesota 55402 - 4 - Minnesota Department of Natural Resources OFFICE OF THE COMMISSIONER 500 Lafayette Road 51. Paul. Minnesota 55155-4037 May 20, 1994 " Mr. Frank Boyles City Manager City of Prior Lake 4629 Dakota Street SE Prior Lake, MN 55372 Dear Mr. Boyles: The Water Surface Use Management (WSUM) Task Force has reviewed the proposed water surface use ordinance that you submitted for Prior Lake. The proposed ordinance primarily sets daytime and nighttime speed limits, and restrids watercraft operation to slow-no wake speed within a 150 foot zone around the lake. Based on Task Force:recommendations, I hereby approve this ordinance, provided the following technical changes are made: 1) The text under Section 9-3-2: PURPOSE, of the proposed ordinance, is actually the text for Section 9-3-3: DEANITION. I am sure this is an oversite, don't forget to insert the correct text under the correct title. Attached is an example of text to use in the PURPOSE section. 2) Section 9-3-4 of the purposed ordinance was rewritten to make it easier for the public to understand. It is suggested that this section list all the watercraft speed limitations and list the speed limitations separately. (See the attached orclinance.) A variance has been granted for the daytime speed limit of twenty (20) mph, rather than fifteen (15) mph as recommended in Minnesota Rules 6110.3700, subpart 5, Water Surface Management Standards. The variance was requested primarily due to the preponderance Of large craft using the lake which are unable to plane at fifteen (15) mph. Minnesota Statute f 86S.315, subdMsion 2. aDows waterskiing from sunrise to one hour after sunset of the following day. Based on this statute and the popularity of skiing on the lake, a variance has been granted allowing the city to deviate from MN Rules 6110.3700, subdivision 6, regarding the time frame in which the forty (40) mph daytime speed limit would be in effect. 3) Delete Section Q..3-6 D) in your proposed orc:linance. Minnesota Rules 6216.0e00- Identification and Marking of Umited Infestations of Eurasian Watermilfoil, applies only to bodies of water in which the milfoil is restrided or limited to an area of not more than 75 acres. Under this rule, the Department can mark areas of milfoil infestation, however, the DNR Information: 612-296-6157.1-800-766-6000 . 1TY: 612-296-5484.1-800-657-3929 . FAX: 612-296-4799 An Equal Opponunily EmployCT ft Primed on Recycled Paper '-41 Conl3ining (()<'l, Post-Consumer Wasle ""~-'~"'_"-"---,-~"".,"----_.._------"..............,~_.,-_..,.._-<<..,~-.......-~-~-,~..-..""-.,,~.,--'--,....,--...~- .. . milfoil on Prior Lake covers more than 75 acres. Therefore. this lake does not meet the definition of limited infestations, and the Department could not mark the area. If you have questions regarding Eurasian Watermilfoil, please contact Chip Welling, of our Ecological Services Section at 297-8021. 4) A Section was added to the ordinance requiring the City to notify the public once the ordinance is adopted. 5) Delete Section 9-3-e, subdivision E. As currently written this section applies to all the lakes within the city limits. As a matter of clarifying the ordinance and for your convenience, the staff has taken the liberty of rewriting the proposed ordinance, which is attached. We request that the City as well as the Sheriff's department formally monitor the effectiveness of this ordinance over the next two years. Then at that time, conduct a review of the ordinance to determine if the ordinance needs to be revised. It is the responsibility of the City to mark the accesses with signs and to notify the public of the conditions of this ordinance. This ordinance will be effective urn" ~tinption bv the C~. After the ordinance is adopted, please send a final copy to: Anita Twaroski, Boating Staff Specialist, Department of Natural Resources, 500 Lafayette Road, St. Paul, MN 55155-4046. If you have any questions, please contact Anita at (612) 297-5708. Enclosure CC: Kathleen Wallace, Region VI Administrator Del Barber, Region VI Trails and Waterways Paul Rice, Region VI Enforcement Duane Shodeen, Region VI Fisheries Uoyd Knutson, Region VI Waters Tibor Gallo, Special Assistant Attorney General Kim 8verum, Boat and Water Safety Bill Nevin, Scott County Sheriff John Grover, Scott County Water Patrol Jeff Evens, City of Prior Lake Suggested changes for City of Prior Lake, Ordinance No. 94-04, Public Waters Ordinance. Section 9-3-1: TITLE:.... Section 9-3-2: PURPOSE: This ordinance is enacted for the purpose and with the intent to control and regulate the use of the waters of Prior Lake in the City of Prior Lake, Minnesota. to promote its fullest use and enjoyment by the public in general and property in connection with the use of said waters; to harmonize and integrate the varying uses of said waters; and to promote the general health, safety and welfare of the citizens of Minnesota Section 9-3-3: DEFINITIONS: For the purposes of this Chapter, the following terms shall have the following meaning: High Water...... Section 9-3-4: WATERCRAFT SPEED UMITATIONS: A) No person shall operate a watercraft. at anytime, at greater than a slow-no wake speed within one hundred-fifty (150) feet from shore. ~ No watercraft towing a person on waterskis, innertube, aquaplane or similar device shall be operated at anytime within one hundred-fifty (150) feet of shore; provided, however, that any watercraft launching or landing a person on waterskis, innertube, aquaplane or similar device by the most direct and safe route to open water or shore, shall be exempt from this provision. B) DAYTIME SPEED UMIT: No person shall operate a watercraft at greater than forty (40) miles per hour, from sunrise to one hour after sunset, on all weekends and legal holidays occurring from Memorial Day weekend through Labor Day weekend. C) NIGHTTIME SPEED UMIT: No person shall operate a watercraft at greater than twenty (20) miles per hour, from one hour after sunset to sunrise the following day, at any time during the year. D) HIGH WATER SLOW-NO WAKE: No person shall operate a watercraft at greater than a slow-no wake speed on the entire lake, when the water level reaches 904.0 feet sea level, as measured by the city at the Prior Lake/Spring Lake Watershed District gauge. Such restrictions shall become effective upon publication in the local newspaper as a news item or on a specified date, whichever is later. All public water accesses and - ">'~._-~'--""'-"'---~-""-''-'<-'-'.__.~-'''-''''--~~'~'-'--'''-"_"'~'-"-',"_._"..,,~..,~.,...~- T . private ramps shall be posted prior to and during the time restrictions are in place. In addition, notice of said restrictions shall be posted at the Prior lake City Hall. When high water levels have subsided and have remained below an elevation of 904.0 feet sea level for three (3) consecutive days, said restriction shall be promptly removed. Section 9-3-5: ADDITIONAl RESTRICTIONS: A) No person shall use an inflatable watertoy, air mattress or innertube more than 150 feet from shore, unless accompanied by a watercraft. B) No person shall swim more than 150 feet from shore, unless accompanied by a watercraft. Section 9-3-6: ENFORCEMENT: The enforcement of this ordinance shall be the primary responsibility of the Scott County Sheriff's Department. Other licensed peace officers, including Conservation Officers of the Minnesota Department of Natural Resources, are also authorized to enforce this ordinance. Section 9-3-7: EXEMPTIONS: A) All authorized resource management, emergency and enforcement personnel, while acting in the performance of their assigned duties are exempt from the foregoing restrictions. ~ (A\ B) A temporary exemption from the restrictions set forth in Section 9-3-4., may be allowed under certain circumstances. To qualify for a temporary exemption, an application for a permit must be completed, which shan include: the purpose of the exemption, the organization or persons being exempted, the location of the exemption, and the date and time of the exemption. The temporary exemption permit shall be issued by the Scott County Sheriff's Department. Section 9-3-8: NOTIFICATION: It shall be the responsibility of the City of Prior Lake to provide for adequate notification of the public, which shall include placement of a sign at each public watercraft launching facility outJining essential elements of the ordinance, as well as necessary buoys and signs. Section 9-3-9: PENAlTIES: Any person who violates any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars ($700.00), or by imprisonment of not more than ninety (90) days, or both.