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Home My WebLink About9B - Emergency No Wake for Spring Lake � PRIp Eva4646 Dakota Street SE Prior Lake,MN 55372 41INNEsc0P CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 23, 2014 AGENDA#: 9B PREPARED BY: Kelly Meyer, Asst. City Manager PRESENTED BY: Frank Boyles, City Manager AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING EMERGENCY NO WAKE RESTRICTIONS FOR SPRING LAKE. DISCUSSION: Introduction The purpose of this agenda item is to consider action to implement emergency No Wake restrictions for the portion of Spring Lake within the City of Prior Lake. History Prior Lake has a current ordinance that allows the City to implement Slow No Wake restrictions on Prior Lake when the lake level reaches 904 feet. The City has sole jurisdiction to implement restrictions because Upper and Lower Prior Lake are wholly contained with the City limits. No Wake restrictions have been in place on Prior Lake for approximately the last 10 days. There is not currently a No Wake ordinance that authorizes implementation of No Wake restrictions on Spring Lake. Although some Spring Lake properties are within Prior Lake city limits, the County, Watershed District and Township also have jurisdiction, and the implementation of permanent restrictions is more complex. Current Circumstances The City of Prior Lake is experiencing its highest lake water levels since the early 1980s. As of Friday, June 20, 2014 at 3pm, the Prior Lake —Spring Lake Watershed District reported Prior Lake had reached a lake level of 905.22, and Spring Lake had reach 911.95. Regardless of No Wake restrictions, Prior Lake lakeshore owners are still dealing with erosion control issues on their shorelines. Spring lake residents are dealing with similar issues without the benefit of Slow No Wake restrictions. On Wednesday, June 18, the MN Department of Natural Resources declared a statewide emergency and authorized local units of government to enact a 30-day temporary emergency slow no wake restriction when water bodies met certain conditions (attached). At the same time, several Spring Lake Township residents requested the local jurisdictions (Spring Lake Township, Scott County, City of Prior Lake, and Prior Lake-Spring Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com Lake Watershed District) consider immediate restrictions to protect the shoreline of Spring Lake. This item was discussed at a Spring Lake Township Board meeting on June 19, 2014. Subsequently, County Administrator Gary Shelton has advised the City that the County Board will conduct an emergency meeting on Monday, June 23, 2014 at 8am to take action to implement restrictions for Spring Lake, as well as discuss other Scott County water bodies. Upon Board action on Monday, the County will advise the City of the details of their action, and request the City Council take similar action. Conclusion In order to consistently implement restrictions for Spring Lake, it would be appropriate for the City Council to consider a companion resolution as it relates to Spring Lake. A resolution will be distributed at the meeting on Monday. ISSUES: If the County were imposing a permanent ordinance related to Slow No Wake restrictions for Spring Lake, there would be a number of more complex details to evaluate and coordinate between the jurisdictions. In this emergency case, the issues focus on enforcement, marketing, and the timing of the repeal of the restrictions). Enforcement— It is presumed that the County will provide enforcement of the emergency No Wake restrictions on Spring Lake just as they do for Prior Lake. Notice/Marketing —The County, Township and City would coordinate public notification. Since the City is more accustomed to the process for notifying local lake organizations, and posting signage at access points, we could provide this assistance for Spring Lake. Repeal of No Wake— It is the City's recommendation that the No Wake restrictions on Spring Lake be repealed at the same time the restrictions are repealed on Prior Lake regardless of the lake level on Spring Lake. Under MN Rules, the emergency restrictions are limited to a maximum of 30 days. To date, all jurisdictions have been willing to collaborate. We expect to have more detailed information on these items at the meeting on Monday, and after the County Board discusses the issues. FINANCIAL None known at this time. IMPACT: ALTERNATIVES: 1. Adopt a Resolution Authorizing Emergency Slow No Wake Restrictions for Spring Lake. 2. Take no action and provide staff with additional direction. RECOMMENDED Alternative 1. MOTION: Minnesota Department of Natural Resources Minnesota 500 Lafayette Road • St. Paul,MN • 55155-40 June 18, 2014 DEPARTMENT OF NATURAL RESOURCES Attention Local Units of Government: STATEWIDE EMERGENCY WATER SURFACE USE RESTRICTION APROVAL Pursuant to Minnesota Rules 6110.300-6110-3800 Due to historically high rainfall amounts across Minnesota, (pursuant to MN Rule 6610.3700 subp. 9), The Commissioner of Natural Resources has approved that local units of government may enact a 30-day temporary emergency water surface use slow wake restrictions under the following conditions: 1. The body of water must reach a level where damage to property is expected. 2. The elevation that triggers the slow no-wake restriction shall be the ordinary high water level established by the Minnesota Department of Natural Resources or a lake elevation or river stage where damage to property is expected. 3. The slow no-wake restriction shall be lifted once the water body has been 0.1 feet below the elevation that triggers the slow no-wake for three days. The slow no-wake restriction shall be lifted a maximum of 30 days from the first day it is enacted, unless the Minnesota Department of Natural Resources approves an extension. 4. The slow no-wake area may be set by the local unit of government at 150, 300, or 600 feet from the shore or across the entire water body with the goal of enacting the minimum restriction on watercraft use needed to protect and minimize harm to natural resources. 5. Two or more local units of government must approve identical water surface use restrictions to cover a shared body of water unless the impacted area is clearly within one local unit of government's area of responsibility (example: a channel or bay). 6. The local unit of government will notify the Commissioner (via the DNR Boat and Water Safety Unit) as soon as practicable from enactment. 7. The local unit of government will notify the public via their website, posted notices at public water access sites, press releases, and other means they have available. 8. The local unit of government shall designate the primary enforcement agency (typically the county sheriff) and note that other licensed peace officers may also enforce the restriction. www.dnr.slale.nm.us AN EQUAL OPPORTUNITY EMPLOYER t`F PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10%POST-CONSUMER WASTE Emergency beyond 30 days: The local unit of government may apply to the DNR Boat and Water Safety Unit for a temporary extension of more than 30 days is expected to be needed. Provide an opportunity for public comment to the extent practicable and provide a summary of comments. Allow 5 days minimum for processing. Permanent Water Surface Use Restrictions: Local units of government are encouraged to apply for permanent approval of water surface use slow no-wake trigger elevation (along with any other needed restrictions)to avoid needing to request additional temporary approvals. See http://www.dnr.state.mn.us/regulations/boatwater/surfaceusezoning.html Questions? Contact Margaret Bergsrud of MN DNR Boat and Water Safety at 651-259-5400 or boatandwater.dnr@state.mn.us Sincerely, COL Ken Soring, Director Enforcement Division cc: Stan Linnell, State Boating Law Administrator DNR Regional Administrators DNR Regional Enforcement Captains County Sheriff Water Patrols Area PAT Supervisors