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Prior Lake, MN 55372
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CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 14, 2014
AGENDA#: 9D
PREPARED BY: KATY GEHLER, PUBLIC WORKS/NATURAL RESOURCES DIRECTOR
PRESENTED KATY GEHLER, PUBLIC WORKS/NATURAL RESOURCES DIRECTOR
BY:
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING SLOW NO-WAKE
RESTRICTIONS ON BOTH PRIOR AND SPRING LAKES
DISCUSSION: Introduction
The purpose of this agenda item is to extend temporary slow no-wake restrictions on
Prior Lake and re-establish slow no-wake restrictions on Spring Lake under
authorization grant by the Minnesota Department of Natural Resources (DNR) under
Minnesota Rule 6610.3700 subp.9.
History
On June 7, 2014, the level of Prior Lake reached 904.00. The City Manager enacted
the no-wake provisions allowed in City Code 703.405. Since this time the watershed
has received a near record amount rain resulting in near record lake level elevations of
both Prior and Spring Lakes.
Current Circumstances
The level of Prior hit a peak elevation of 906.17 on June 30, 2014 with Spring Lake
peaking at an elevation of 913.30 on June 21, 2014. Although both lakes have started
to recede, it will take several weeks before normal levels are reached. While the water
is at elevated levels, there is a high potential of erosion of the shoreline. Due to the
extended period expected for the high water levels, severe damage is possible with
significant erosion occurring on both lakes. We desire to take measures to protect the
shorelines to the extent we can.
On June 18, 2014 the Commissioner of the Department of Natural Resources used his
authority under Minnesota Rule 6610.3700 subp. 9 allowing local units of government ti
enact a 30-day temporary emergency water surface use slow no-wake restriction with
conditions. The letter providing this authorization is attached.
The City of Prior Lake is the local LGU for Prior Lake and can extend the use
restrictions granted under this authorization. Staff is recommending that the Council
consider extension of the slow no-wake provisions that exist in City Code 703.405 once
the lake reaches an elevation of 904.00 for three consecutive days until such time as
the lake reaches 903.5 for three consecutive days. The emergency provisions will last
30-days or until the lake levels drop below 903.5 for three consecutive days, whichever
occurs first. If the lake level does not reach 903.5 in 30 days the city may request an
extension of the restrictions from the DNR
Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com
Together, the City of Prior Lake and Spring Lake Township are the LGUs for Spring
Lake since the lake is located in both jurisdictions. Slow no-wake restrictions can be
placed back on Spring Lake with the adoption of matching resolutions. Staff is
recommending that the slow no-wake restrictions on Spring Lake be replaced
immediately and lifted when the restrictions on Prior Lake are removed. Tying the
restrictions to Prior Lake will simplify local notification, coordination and enforcement
efforts. It is our understanding that the Spring Lake Township Board will be adopting a
matching resolution soon so the two resolutions may be submitted concurrently.
Conclusion
Staff is recommending that the council approve a resolution enacting slow no-wake
restrictions on Prior and Spring Lakes.
ISSUES: The actions proposed herein are temporary. It is the staff's intention to re-examine our
surface water ordinance comprehensively in conjunction with the Lakes Advisory
Committee and in cooperation with Spring Lake Townships. In addition to refining
current ordinance provisions we would like have consistency in the regulation of the twc
lakes since one day, Spring Lake will be located within the corporate limits of the city. If
the council desires, a motion and second to initiate these efforts would be in order.
FINANCIAL There is no cost to the City to enact these restrictions. The county Sheriff's office
IMPACT: provides enforcement levels to the same degree with or without the restrictions in place
By enacting these restrictions, wave action created by watercraft will be minimized
helping to reduce the erosion and damage that will occur during the elevated water
levels.
ALTERNATIVES: 1. Approve a resolution authorizing a temporary no-wake restrictions on both Prior anc
Spring Lakes.
2. Table this agenda item for a specific reason.
3. Deny this agenda item for a specific reason and provide staff with direction.
RECOMMENDED Alternative #1
MOTION:
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INIv6sol.Q' Prior Lake,MN 55372
RESOLUTION 14-xxx
A RESOLUTION ENACTING EMERGENCY TEMPORARY SLOW NO-WAKE RESTRICTIONS ON
PRIOR LAKE AND SPRING LAKE
Motion By: Second By:
WHEREAS, The City of Prior Lake has the authority under Minnesota Statute 866.205 to regulate the
surface use of water bodies located entirely or partially in the City; and
WHEREAS, The City of Prior Lake has been granted authority by the Commissioner of the Department of
Natural Resources under Minnesota Rule 6110.3700 to implement temporary emergency
surface water restrictions; and
WHEREAS, Prior Lake and Spring Lake are located entirely or partially within the City, are within the same
watershed and have reached lake elevations where damage to property is expected; and
WHEREAS, The City Manager, in accordance to City Code 703.405 placed no-wake restrictions on Prior
Lake on June 7, 2014 when it reached an elevation of 904.00; and
WHEREAS, Due to the extended period of time the lake levels in both Prior Lake and Spring Lake are and
have been elevated, the shorelines will be saturated and susceptible to more substantial
erosion without protection from wave action.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. A temporary slow no-wake boating restriction is in place for the entirety of Prior Lake effective when the
lake goes below 904.00 for three consecutive days. The restriction will be lifted once the lake elevation
has been below 903.50 for three consecutive days or within 30 days of the effective date whichever
occurs first unless the City requests and the Minnesota Department of Natural Resources approves an
extension.
3. A Temporary slow-no-wake boating restriction is in place for the entirety of Spring Lake effective
immediately upon the approval of both The City of Prior Lake and Spring Lake Township. The
restriction will be lifted in conjunction with the slow no-wake restrictions on Prior Lake or 30 days
whichever occurs first unless the City and Spring Lake Township requests and the Minnesota
Department of Natural Resources approves an extension.
4. Slow no-wake is defined as in Minnesota Statues 86B.005 as the operation of a watercraft at the
slowest possible speed necessary to maintain steerage, but in no case greater than five miles per hour.
5. The primary enforcement agency is the County Sheriff's office, however other licensed peace officers
may also enforce the restrictions.
6. Any person who violates these emergency measures shall be guilty of a misdemeanor and upon
conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00).
7. The Public Works Director is directed to notify the public of these restrictions via the City website, cable
channel, posted notices at the public water access sites, press releases and other available means.
8. The Public Works Director is directed to notify the DNR Commissioner of this resolution through the
DNR Boat and Water Safety Unit as soon as practicable.
PASSED AND ADOPTED THIS 14th DAY OF JULY 2014.
VOTE Hedberg Keeney McGuire Morton Soukup
Aye ❑ ❑ ❑ E ❑
Nay ❑ ❑ ❑ ❑ E
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ E
Frank Boyles, City Manager
http://splash/teams/am/October4 2010/07 14 2014/Slow Wake RES.docx 2
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.state.mn.us
AN EQUAL OPPORTUNITY EMPLOYER
$ 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