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HomeMy WebLinkAbout5B Petition Motorized Boats STAFF AGENDA REPORT AGENDA: PREPARED BY: SUBJECT: DATE: 5B LANI LEICHTY, WATER RESOURCES COORDINATOR CONSIDER PETITION TO PROHIBIT MOTORIZED BOATS FROM PIKE LAKE SEPTEMBER 6. 1994 INTRODUCTION: The purpose of this Agenda item is to consider whether an ordinance for Pike Lake should be prepared which would restrict watercraft on the lake to non-motorized vehicles only. BACKGROUND: On May 16, 1994. Chuck Pavlish submitted a petition (attached) to the Lake Advisory Committee signed by sixteen residents which live on or near Pike Lake. The petition was in response to two people water skiing on Pike Lake this last spring. The skiers had taken out a pem1it with Scon County to erect a slalom course on the lake. Since receiving the petition. the Sheriff has revoked the pem1it and the slalom course has been removed, DISCUSSION: The Lake Advisory Committee members visited Pike Lake as part of the lake access tour on June 29. 1994. There was a consensus among the committee that the lake does not seem to be an appropriate place to ski and that it would be nice to be able to preserve the lake in its existing natural state. There have been previous requests in the past for a "No - Hunting" posting on Pike Lake. The lake has been classified by the DNR as a "natural environment lake". The following is DNR's detinition of a "natural environment lake": A. Natural environmellt lakes are generally small, offen shallow lakes with limited capacities for assimilating the impacts of development and recreational use. They often have adjacent lands vvith substamial constraims for developmem such as high water tables, exposed bedrock, and ul/suitable soils. These lakes. particularly il/ rural areas, usually do not have much existing development or recreational use. At the July 20, 1994 Lake Advisory Committee meeting Mr. Pavlish shared his concerns and desires on why an ordinance is needed on Pike Lake. The following arguments for the ordinance were cited: 1) harassment of nesting and feeding birds would decrease; 2) prevent wake-caused shore erosion; 3) preserve cottonwood and other trees weakened in times of high water levels; and 4) preserve the unique character of Pike Lake as an environmental lake in a growing urban area. 5) Reduce problems caused on Pike Lake from high water when water is being outletted from Prior Lake. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T-r..........,..-._~. . The DNR was contacted about the possibility of them approving an ordinance as such. Their comments were as follows: 1) it is a public water since more than one land owner surrounds it; 2) for an ordinance to be approved by the DNR, it would have to go through the same process as the "Surface Water Use Ordinance" which Prior Lake did; 3) the DNR would do an informal review of a draft ordinance, but more justification is needed than what is stated in the petition. It would take an estimated 20-25 hours of staff time to compile information to submit to the DNR for an informal review. If after the informal review, the DNR recommends that the City complete the formal application, it is estimated to take 40-50 hours of staff time, attorney's fees, a public hearing and Council's approval of the ordinance to complete the City's portion of the application. It would take approximately 80-100 hours of staff time to complete the information and study needed for an application on all of the "natural environment lakes". Staff would prepare the information to be sent to the DNR during the winter months when construction activity in the City has slowed down and staff will have more manpower at that time. ISSUES: The petition raises a number of issues for City consideration. The following issues should be considered: - DNR guidelines allow the City to set horse power maximums or to outright ban motorized watercraft. Is one approach preferable over the other? - There are five other "natural environment lakes" in the City. (See attached map) Would Council approval of this petition set a desirable or undesirable precedence for these lakes? How would existing residents around these lakes perceive Council action? Is it possible to take action on Pike Lake only without affecting the other water bodies? - The County Sheriff is responsible for enforcement of such ordinance. Given the staff limitations of the County Sheriffs Department, is it likely that the County can be relied upon to enforce the new ordinance? - What objective is being achieved? Will the ordinance improve safety on the lake? Does the new ordinance affect the YMCA Camp on the lake? Is the impact negative or positive? - One of the reasons for considering the ordinance now is to resolve the issue before the lake becomes completely developed. Action now will affect the minimum number of residents. ALTERNATIVES: The alternatives are as follows: 1. If Council is inclined to consider the proposed ordinance, it would be appropriate to refer the matter back to the Lake Advisory Committee to address issues raised above and provide a recommendation to the Council. 2. If the proposed ordinance is premature, then Council should advise the petition as such. T 'r' RECOMMENDATION: ACTION REQUIRED: REVIEWED BY: AGPLP,ENG Staff has no recommendin. Th10J ~d de~n~s upon Council discussiou. "'~"."-"_'_'L"'_."""-'""T"-'-""'" .....1 ? OJ .~~) ~ D '"= ~' ~ ,.. - PETITION TO THE CITY OF PRIOR LAKE: 5-./ to -Cj'4- J Due to the small size of Pike Lake, the potential for preserving and developing wildlife habitat, the need for preventing harassment of wildlife and the Prior Lake Watershed District draining Prior Lake high,water levels through the Prior Lake outlet and into Pike Lake and, thereby, often maintaining artificially high water levels in Pike Lake, we, the undersigned Pike Lake residents, request that the city of Prior Lake implement an ordinance which will state the following: "All surface waters of Pike Lake shall permanently be restricted to non-motorized vehicle usage only." Arguments for the above stated ordinance: 1. Will lessen harassment of nesting and feeding birds including large numbers of herons, egrets, woodducks, merganzers, and mallards, many utilizing boxes and plat- forms placed by non-meandered lakeshore owners of private property. 2. Will help prevent wake-caused shoreline erosion. 3. Will assist in preserving cottonwood and other tree species weakened by high water levels affecting root integrity. 4. Will help preserve the unique character of Pike Lake as an environmental lake in a growing urban area. Signatures: 1 r-J. {!A a"b.s: G 't" ~~..< GtVi0 X. flJh~<-~ 1~_L~ ~ ~~ 0~~~ t-Jv /JarJMo ~~ 13~c;~tda.~1+- {: I ~;/tMrJ ~ ~ ~~~~_/:_90,O, ?<!~ /- \~ _).,..;:, r~_ \-; ;..-:.u N ,'c- \>~G,,-U---\'\ . ,-).;~\)avv~ 't'Y~'-.:. ,-', ~'Y-- Addresses: '-12...1.- Z / 'I 0 ~ $'""L IV ~ Lid 0 ~ - /^/U't!:" 2>t ).,1 E 't ex.S 0 ~ I q.e;n 51; AlE II 1\ 140Yr\~~ kJl:: II L85D If (3?l?fv ~~i~ W. Phone #'s 4t'~~-bd/7 L/~r;--(OClI ? t+9t -i/ tfYl 1\ 'r 4qfo-.3~3 II o( +1-!: - ,/3 ~3 It L-frb- 01 ~cJ )1 L4 ^~ /"'-'?.A; L (-/YS- /dS::2.. L\~S- <(0 \ ~ PETITION TO THE CITY OF PRIOR LAKE: Due to the small size of Pike Lake, the potential for preserving and developing wildlife habitat, the need for preventing harassment of wildlife and the Prior Lake watershed District draining Prior Lake high water levels through the Prior Lake outlet and into Pike Lake and, thereby, often maintaining artificially high water levels in Pike Lake, we, the undersigned Pike Lake residents, request that the city of Prior Lake implement an ordinance which will state the following: "All surface waters of Pike Lake shall permanently be restricted to non-motorized vehicle usage only." Arguments for the above stated ordinance: 1. Will lessen harassment of nesting and feeding birds including large numbers of herons, egrets, woodducks, merganzers, and mallards, many utilizing boxes and plat- forms placed by non-meandered lakeshore owners of private property. 2. Will help prevent wake-caused shoreline erosion. 3. Will assist in preserving cottonwood and other tree species weakened by high water levels affecting root integrity. 4. Will help preserve the unique character of Pike Lake as an environmental lake in a growing urban area. Signatures: ~k ~4 ~ 1{vz7 ft?d #;fi:~ f~X~ Addresses: L/z7C 11/0 # j,!:u.d:: f~ oliIu- I ~ IJ)7~ p7d - /Vu71f ST . 7~L ~/ ~-.. ,.:::>-:537;)- /:{ /> /1 ~/- /c-Y/u lc/c,. /r. f/.E {/?K~jZ %r :5-:5372 /3i-:fO /!kLAh7h'!I!/~ r~-LAJ1lfrl(~' It! /rJ. :5 53 ~::2. Phone #'s Ljt/S-7b2{) fL~5- 76)-6 ~-7'5~{)71 L/L/s::05?f -