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CITY COUNCIL AGENDA REPORT
MEETING DATE: JANUARY 26, 2015
AGENDA#: 8B
PREPARED BY: DAN ROGNESS, COMMUNITY& ECONOMIC DEV. DIRECTOR
PRESENTED BY: DAN ROGNESS
AGENDA ITEM: CONSIDER APPROVAL OF A REPORT REGARDING BOAT SLIP OR-
DINANCE, SPRING LAKE ESTATES BOAT SLIPS AND RELATED REC-
OMMENDATIONS
DISCUSSION: Introduction
The purpose of this item is to provide the City Council a report related to the
Zoning Administrator's approval of 54 boat slips for Spring Lake Estates
Homeowner Association and actions the city council could direct if it desires
to amend the city code on this subject..
History
In late 2013, the City Council approved a 6-month moratorium on marinas
(which ended on May 22, 2014), approved the creation of a task force with
wide ranging representation and directed a Task Force to propose changes
on how the city regulates them. The City Council realized that possible im-
provements could be made to how the city regulates marinas, due in part,
to the fact that the DNR, as of 2002, was only permitting commercial mari-
nas with ancillary services whereas in previous years they regulated home-
owner association slips as well. Marinas without such services, such as the
Waters Edge Marina, became fully regulated by the city, as well as Con-
trolled Access Lots (association docks).
In addition to marinas, the Marina Task Force realized that the regulation of
Controlled Access Lots for homeowner associations is also addressed in
the Shoreland Regulations. Therefore, it looked at the overall regulations
of Marinas and Controlled Access Lots within a revised Subsection
1104.307 of the Shoreland Regulations.
The 3-member Marina Task Force consisted of Perri Hite representing the
Planning Commission, Liz Weninger representing the Lakes Advisory Com-
mittee, and Woody Spitzmueller representing the Safety Advisory Commit-
tee and the Watershed District. This group met numerous times to discuss
and propose changes to the city's regulations. They also convened a larger
research group twice to advise them, which included representatives of the
DNR, homeowner associations with boat slips, the county's Sheriff Depart-
ment, and the city's Police Department; the full list of participants is shown
in Attachment 1.
The marina task force prepared city code amendments and the Planning
Commission held a public hearing on the proposed amendments on May
19, 2014. The City Council approved the amendments on June 23, 2014,
Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com
and the DNR approved them on August 26, 2014. The Shoreland ordinance
amendments are provided in Attachment 2.
Current Circumstances
A summary of past actions that affect Spring Lake Estates is as follows:
1. The previous formula for Association boat slips was administrative,
and it was based on 1 slip per 18.75'of shoreline after allowing 6 slips
for a standard lot. The amended formula allows for an administrative
decision based on 1 slip per 12.5' of shoreline, which equates to 6
boats slips that are now allowed for any single home riparian lot. In
addition, general conditions for evaluation of surrounding impacts
was added that had not been part of the approval process before.
The slip formula evaluation process also looked at all existing Asso-
ciations on Prior/Spring Lakes in order to view their existing approved
boat slips compared to the new formula (see Attachment 3). There
was a fairly even split between those that have permitted boat slips
above and those below the new formula.
2. Spring Lake Estates was limited to 30 boat slips as part of the annex-
ation order in 2002; however, the Staff Report to the City Council at
the time said the DNR would have granted them 50-70 boat slips and
the city attorney opined that the annexation agreement did not regu-
late the number of slips, the city code did.
3. Spring Lake Estates requested an increase to its 30 boat slips in 2014
after the City Council's approval of the Ordinance amendment, which
led to City Staff asking the City Attorney for an opinion on whether
the 30-slip limit still applied (see attorney memo as Attachment 4).
4. Based on that legal opinion, Spring Lake Estates submitted a new
dock slip layout request for 54 boat slips.
5. The Zoning Administrator reviewed that request based on the
amended Shoreland Ordinance provisions for Controlled Access
Lots; approval was granted on December 22, 2014 (see Attachment
5).
6. Immediately following this approval, City Staff began receiving emails
that were not in agreement with the Zoning Administrator's decision
(see legal opinion of appeal process in Attachment 6).
7. Public comments were received at the January 12th City Council
meeting objecting to additional boat slips on Spring Lake; the Council
directed staff to return with a report on January 26.
8. The city attorney's office was asked to consider various aspects of
this issue and prepare a memorandum for city council consideration.
Specifically did the e-mails constitute appeals under the ordinance.
The city attorney's opinion is they do not. The conclusion is that the
54 slips granted to Spring Lake Estates were in accordance with the
ordinance.
Conclusion
The city council could, however, direct the staff to amend the ordinance
specifically as it relates to Spring Lake. It may be that the ratio of land to
slips for upper and lower Prior Lake are not the same as what the ratio
should be on Spring Lake.
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In addition, the City Council may want to consider the following:
1. Direct the Lakes Advisory Committee, or reconvene the Marina Task
Force, to evaluate: (a) conduct one or more public meetings to
determine if further boat slip restrictions are warranted specific to
Spring Lake, including those for associations, single riparian lots and
others; (b)whether all association boat slip permit applications should
be reviewed by the Planning Commission and/or City Council; and
(c) if other items identified by the Council warrant further attention.
2. Request that staff further evaluate amendments to the Zoning
Ordinance related to the appeal process to administrative decisions.
3. Address lake boat issues in City Code Section 703, Public Waters, to
be presented to the Council in early 2015.
ISSUES: Negative boat impacts on Spring Lake were noted by the public that are
dissimilar to Upper and Lower Prior Lakes(i.e., due to the large open waters
without bays). The Shoreland Ordinance amendments did not treat any of
the three General Development lakes differently. In addition, the Lakes
Advisory Committee is currently working with Spring Lake Township to
include Spring Lake within the City's Public Waters Ordinance (City Code
Section 703 as Attachment 7). Additional provisions to control and regulate
the use of public waters may also be considered for all three lakes (see also
staff memo in Attachment 7).
ALTERNATIVES: 1) Motion and a second to direct City Staff to take certain actions per City
Council discussion and direction to amend the City Code.
2) Motion and a second to table action and provide further direction to city
staff.
RECOMMENDED As Directed by the City Council.
MOTIONS:
ATTACHMENTS: 1. Marina Task Force members and research group participants
2. Shoreland Ordinance Amendments (7 pages)
3. Summary of existing Association boat slips on Prior/Spring Lakes
4. Legal opinion on Spring Lake Estates boat slip limit per annexation
(date)
5. Zoning Administrator approval to Spring Lake Estates for 54 boat slips
6. Legal opinion of appeal process to Zoning Administrator decisions
7. Staff memo on Water Surface Use Management and City Code Section
703
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MARINA TASK FORCE & RESEARCH GROUP- 2014
Prior Lake, MN
TASK FORCE:
Name Email Representing
Hite, Perri perri.hite@target.com Prior Lake Planning Commission
Spitzmueller,Woody bwspitz@integra.net Community Safety Advisory Comm.
PLSL Watershed District Board
Weninger, Liz lizw@mchsi.com Lakes Advisory Committee
RESEARCH GROUP:
Name Email Representing
Beck,Todd tbeck@co.scott.mn.us Scott County Sheriff Department
Cousins, Gail ghc5912@icioud.com Kneafsey's Cove Association
Felt, Robert rfelt@clfd.net Oakland Beach Association
Johnson, Doug dougjohnson@schroederassoc.com First Island View Association
Kahlert,Tom tkahlert@cityofpriorlake.com Prior Lake Police Department
Niosi, Kurt kniosi@sssalesinc.com Mitchell Pond Association
Schweich, Gregory gschweich@ciooercreejmn.com Residential Developer/Realtor
Skancke,Jennie jennie.skancke@state.mn.us Minnesota DNR
Stephenson,Tom tom.stephenson@mchsi.com Willow Beach Association
Sweet, Karen r2karen@aol.com Captain Jacks
Tande,Thane thane@knottyoarmarina.com Knotty Oar Marina
CITY STAFF:
Name Email Representing
Dan Rogness drogness@cityofpriorlake.com Community& Econ. Development
Sarah Schwarzhoff sschwarzhoff@grjn.com City Attorney Staff
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SUMMARY OF PROPOSED CHANGES TO CITY ORDINANCES THAT REGULATE
MARINAS AND CONTROLLED ACCESS LOTS
Prior Lake, Minnesota
Marinas (existing regulations):
1. Allowed in the R-2 and C-2 Zoning Use Districts.
2. Required to obtain a Conditional Use Permit(CUP).
3. Conditions apply specifically to Marinas in the R-2 and C-2 Districts.
4. Conditions apply in the CUP section of the ordinance, including general conditions,floodplain
conditions and shoreland conditions.
5. DNR is responsible for permitting only Marinas with ancillary services.
6. The number of boat slips is decided by either the DNR or the City based on a parking ratio and on
general criteria related to impacts to property and the lakes.
Marinas(proposed regulations):
1. Recreational Marinas and Commercial Marinas are newly defined to replace one Marina
definition (commercial marinas have ancillary services; recreational marinas do not).
2. Allowed in the R-2 and C-2 Zoning Use Districts.
3. Required to obtain a Conditional Use Permit(CUP).
4. Conditions apply in the Shoreland section of the ordinance, including general conditions and
specific conditions for each Recreational and Commercial Marina.
5. DNR is responsible for permitting Commercial Marinas.
6. City is responsible for permitting Recreational Marinas.
7. The number of boat slips is decided by either the DNR(for Commercial Marinas) or the City(for
Recreational Marinas). For Recreational Marinas,the maximum number is based on the general
and specific conditions newly written into the Shoreland Regulations.
Controlled Access Lots(existing regulations):
1. At a minimum,the lot must meet the lot width (75') and area (15,000 square feet) requirements
for riparian single family residential lots. That minimum lot area is then allowed 6 boat slips.
2. Additional shoreline length beyond the single family lot would then allow one additional boat slip
to be added to the 6 allowed boat slips for every 18.75 feet.
Controlled Access Lots(proposed regulations):
1. At a minimum,the lot must have 20' in depth in order to have shoreline length counted toward
the allowable boat slips.
2. For every 12.5 feet of shoreline at the Ordinary High Water Elevation,one boat slip is allowed.
3. A list of general conditions in the Shoreland Regulations will also be used to make sure that the
number/location of boat slips does not impede navigation,safety, etc.
ALL EXISTING MARINAS AND ASSOCIATION DOCKS ARE GRANDFATHERED AS NOW PERMITTED
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PRIOR LAKE SHORELAND ORDINANCE AMENDMENT- FINAL
Recommended by the Marina Task Force
2014
FShoreland Conditional City DNR Boat Slip# Public Parking;
Ordinance Use,Pormit. Policy Regulation Determination Restrooms Ratio
rat
Yes Yes No Yes PerDIAPermit Yes**Itecreation Yes Yes I No No Per.City+Conditions No 2,W4
slips
(3)Controlled Access Lots Yes I No I No No Per City Conditions No N/A
and formula
Vic. Nb
NOTE: Conditional Use Permits(CUP)issued for Marinas will follow conditions in the Shoreland Ordinance
rather than in the zoning ordinance section for CUPS.
* Parking for Commercial Marinas may be subject to additional parking requirements based on
the type of ancillary commercial use.
** Portable bathrooms may also be required for after-hours marina use.
Zoning Ordinance
SECTION 1104
SHORELAND REGULATIONS
[AMENDMENTS SHOWN AS ADDITIONS AND DE ETIO.ie�
SUBSECTIONS
1104.100: General Provisions
1104.200: Designation of Types of Land Use
1104.300: Zoning Provisions
1104.400: Shoreland Alterations
1104.500: Special Provisions for Commercial, Industrial, Public/Semi-Public,
Agricultural and Forestry
1104.600: Water Supply and Sewage Treatment
1104.700: Conditional Uses
1104.800: Planned Unit Developments (PVDs)
1104.900: Development on Nonconforming Lots
1104.100: GENERAL PROVISIONS.
1104.101 Statutory Authorization: This Chapter is adopted pursuant to the
authorization and policies contained in Minnesota Statutes, chapter 103F,
Minnesota Code of Agency Regulations, parts 6120.2500-6120.3900, and the
planning and zoning enabling legislation in Minnesota Statutes, chapter 462.
1104.102 Policy: The uncontrolled use of shorelands of the City of Prior Lake affects the
public health, safety and general welfare not only by contributing to pollution of
public waters, but also by impairing the local tax base. Therefore, it is in the
best interests of the public health, safety and welfare to provide for the wise
development of shorelands of public waters. The Legislature of Minnesota has
delegated responsibility to the municipalities of the State to regulate the
subdivision, use and development of the shorelands of public waters and thus
preserve and enhance the quality of surface waters, preserve the economic and
natural environmental values of shorelands, and provide for the wise utilization
of waters and related land resources. This responsibility is hereby recognized
by the City of Prior Lake.
Subsections 1104.903 through 1904.306 not shown here
1104.307 Additional Special Provision:
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(1) Residential subdivisions with dwelling unit densities exceeding those in
Subsection 1104.301 and 1104.302 of this subsection shall only be allowed if
designed and approved as residential planned unit developments under
Subsection 1104.800. Only land above the ordinary high-water level of public
water can be used to meet lot area standards, and lot width standards must be
met at both the ordinary high-water level and at the building line.
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City of Prior Lake
.lune 1,2009 1104/pl
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Zoning Ordinance
(2) Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes
must also meet the following standards:
a. Each building must be set back at least 200 feet from the ordinary high-
water level;
b. Each dwelling unit must be separately served by public utilities, none of
which are shared;
C. Watercraft docking units must be separately served by public utilities,
none of which are shared;
d. No more than 25%of a lake's shoreline can be in duplex, triplex or quad
developments.
(3) Lots in+o
a. "r'he Int must moo+ the lot width and are=r ecu�iromonts fnr resirdnn+ial
I�1TC+—f TCill l-U1Tu area - 1.1 C(Tl Ir
Zoning Ordinance
(4) Controlled Access Lots shall meet the following conditions as determined by
the Zoning Administrator:
a. The lot must be suitable for the intended use as a Mooring Facility.
b. The lot must be jointly owned by all purchasers of lots in the subdivision
or by all purchasers of non-riparian lots in the subdivision who are
provided access rights on the lot.
c. The entire lot shall be a minimum of 24 et �n depth measured from the
OrdinamHig_h Water Elevation.
d. The allowable number of Boat Slips fora Controlled Access Lot shall be
based on the conditions identified in Subsection 1104 3070 and-OL
provided however, in no case shall the number of-bDALsH exceed 1
Boat Slip for every 12.5 feet of Lot width as measured at the Or_di_n_a_n/
High Water Elevation.
Go
Ratio of Lake Size To Shore Required Inr_rP:;_c;
Ii.c.ease in-
Length (Anres!Mile)
LessthZr(tun 1 2-d
100 -200 2-8
201 30 4-5
391 400 4-0
area must be jointly owned by all PUFGhaSeFS Of 10tS iR the subdiv
by all PUFGhasers Of ROR F*paF*an lots in the 6ubdivision whG are provided
riparian aGGeSS Fights OR the aGress lots; andE
Id. Covenants er ether equally effeGtive lone iRstrumentc must be recorded
against the Controlled Access Lot and all benefiting lots developed-and
Feeorded that specify which lot owners have authority to use the 3
Controlled Aaccess blot and what activities are allowed. The activities
may include watercraft launching, loading, storing, beaching, mooring,
or docking. The covenants est mit also include other outdoor
recreational activities that do not significantly conflict with general public
use of the public water or the enjoyment of normal property rights by
adjacent property owners. Examples of the non-significant conflict
activities include swimming, sunbathing, or picnicking. The covenants
must limit the total number of watercraft allowed to be securely moored,
docked, or stored over water, and must require centralization of all
common facilities and activities in the most suitable locations on the lot
to minimize topographic and vegetation alteration. The covenants must
also require all parking areas, storage buildings, and other facilities to f
City of Prior Lake i
June t,2009 1104/p3
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Zoning Ordinance
be screened by vegetation or topography as much as practical, from
view from public water, assuming summer, leaf-on conditions.
(5) Recreational Marinas shall be allowed on a riparian lot in the R-2 or C-2 Zonin
Districts The lot and Recreational Marina shall meet the following minimum
conditions as determined by the Zoning Administrator:
a. The minimum lot size shall be one (11 acre
b. The allowable number of Boat Slips shall be based on the conditions
identified in Subsection 1104 307(3) and (5)
c. The lot shall provide paved off-street parking at a minimum ratio of one (1)
parking space per four(4) Boat Slips: narking shall not be located below the
Ordinary High Water Elevation and shall further meet the standards in
Subsection 1104.501(1)of this Ordinance. In addition, a landscaping buffer
shall be installed and maintained between the parking and the Ordinar�t
igh Water Elevation sufficient to capture and filter all run-off from the
arp king•
d. The lot shall meet the impervious surface coverage requirements in
Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306
(2) and (3). Recreational Marinas shall be defined as a permitted
commercial
e. The lot shall have public bathrooms connected to municipal sanitary sewer
or Portable Toilets as approved by the City.
f. All General Performance Standards in Section 1107 of this Ordinance shall
apply. Bufferyards Type C as defined in Subsection 1107 2005 shall be
constructed along any "R" Use District. Signage shall be all per
Subsection 1107 810 for Lake Services and shall further meet the standards
in Subsection 1104,501(3-) of this Ordinance
(6) Commercial Marinas shall be allowed on a riparian lot in the R-2 or C-2 ZQr�i�
Districts The lot and Commercial Marina shall meet the following minimum
conditions as determined by the Zoning Administrator
a. The minimum lot size shall be one (1) acre.
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b. The lot shall provide paved off-street parking at a minimum ratio of one t1)
parking space per four(4) boat slips: parking shall not be located below the
Ordin m High Water Elevation and further meet the standards in Subsection i
1104.501(1) of this Ordinance. In addition, a landscaping buffer shall be
installed and maintained between the parking and the Ordinary High Water
Elevation sufficient to capture and filter all run-off from the parking I
Additional off-street parking may be required for boat tours or if the Zoning
Ad
m�i-srato[_determines that an ancillary use requires additional parkins
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City of Pyla•Lake
June I,2009 1104/p4
Zoning Ordinance
c. The lot shall have public bathrooms connected to municipal sanitary sewer
s approved by the City.
d. The lot shall meet the impervioussurface coverage ui en in
Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306
2)and (3),Commercial Marinas shall be defined as a permitted commercial
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e. All General Performance Standards in Section 1107 of this Ordinance shall
apply. Bufferyards. Type C. as defined in Subsection 1107.2005. shall be
c.Qns u.cted e1 n "R" Use District. Signage shall -b-e allowed e_r
Subsection 1107.810 for Lake Services and further meet the standards in
Subsection 1104.501(3) of this Ordinance.
f. Hours of operation for boat tours shall be limited to between 7:00 a.m. and
10:00 p.m., seven days a week.
g. Commercial Marinas shall obtain and comply with a permit issued by the
Minnesota Department of Natural Resources. The permit shall determine
the number of allowable Boat Slip
(7) All Recreational Marinas and Commercial Marinas shall obtain a Conditional
Use Permit following the procedures set forth in Subsections 1108.205 through
1108.222. The conditions set forth in Subsection 1104.307(3) and either(5) or
(6) as applicable, as well as any conditions imposed by the Planning
Commission or City Council, shall apply to Conditional Use Permits issue to
Recreational Marinas and Commercial Marinas.
1104.308 Placement, Desian,And Height Of Structures:
(1) Piers and Docks: Setback requirements from the ordinary high-water mark
shall not apply to piers and docks. Location of piers and docks shall be
controlled by applicable state and local regulations.
(2) Setback Requirements For Residential Structures: On shoreland lots that
have 2 adjacent lots with existing principal structures on both such adjacent
lots, any new residential structure or any additions to an existing structure may
be set back the average setback of the adjacent structures from the ordinary
high-water mark or 50 feet, whichever is greater, provided all other provisions
of the Shoreland Overlay District are complied with. In cases where only one
of the two lots adjacent to an undeveloped shoreland lot has an existing
principal structure, the average setback of the adjacent structure and the next
structure within 150 feet may be utilized. Setback averaging may not be utilized
when an undeveloped shoreland lot is adjacent to two other undeveloped
shoreland lots. In no instance shall a principal structure be located in a shore
impact zone or a bluff impact zone. I
a. The following shall not be considered encroachments into the lakeshore
or bluff setback:
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City of Prior Lake
June 1,2009 1104/p5
Prior Lake Dock Slip Information-Homeowner Associations
DNR Permit Nater Body k of Slips Shoreline M of Slips® Over or
Permit K Permitted Length Ft 1 per 12.5' Under
88-6322 Windsong on the Lake Lower Prior Lake 26 480 39 AIN
89-6013 Harbor Community Association Lower Prior Lake 60 1105 88 (22)
89-6021 Oakland Beach Homeowners Association Lower Prior Lake 39 270 22 17
89-6022 Island View 1st Add.Association Upper Prior lake 36 380 30 6
89-6002 Island View 5th Add.Association Upper Prior Lake 20 185 15 S
89-6035 Mitchell Pond Association Lower Prior lake 23 170 14 9
89-6272 Fish Point Beach Homeowners Association Lower Prior Lake 9 100 8 1
89-6290 Pixie Point Homeowners Association Lower Prior Lake 5 so 4 1
89-6378 Lakeside Manor Association Lower Prior Lake 53 410 33 20
89-6456 Willow Beach Association Upper Prior Lake 46 480 38 8
89-6458 Boudin's Manor Association Lower Prior lake 32 495 408)
PUO Crystal Bay Association Upper Prior Lake 21 390 31 ,430)
City Spring Lake Estates Association Spring Lake 54 945 75 O
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MEMORANDUM
TO: Casey McCabe, Community Development Specialist
FROM: Mark Johnson and Maggie Evavold
DATE: August 13, 2014
RE: Spring Lake Estates - Boat Slips
Our File No.: 4209.001
FACTS
1. Annexation Process
In 2002,the City of Prior Lake ("City") and Spring Lake Township ("Township") entered
into an agreement for the orderly annexation of the following properties into the City: (1) the
remaining 275 acres of Spring Lake Regional Park not already part of the City (owned by the
Township); and(2) 65 acres of privately-owned property adjacent to the west side of the park(the
"Stemmer Property"). Paragraph 4 of the joint resolution approving the Stemmer Property
annexation contains the following paragraph:
4. Conditions: 30 boat slips, $23,100 to be paid to the Township for
lost revenue with 50%paid at the signing of the Resolution and 50%
paid 12 months later or at final plat approval, whichever is first.
The joint resolution was approved by the Township Board on October 2, 2002, and by the City
Council on October 21, 2002. The Acting Director of the Office of Strategic and Long-Range
Planning("OSLRP") approved the orderly annexation agreement in an Order dated December 13,
2002.
A question has arisen to as to whether the joint resolution for annexation governs the
number of boat slips allowable for Spring Lake Estates, or whether the number allowed under the
City's current zoning ordinance is applicable.
As an initial matter,there has been some suggestion that Paragraph 4 was unilaterally added
to the joint resolution by the City after the resolution had already been adopted by the Township.
We do not believe this is the case. Attached to the agenda report for the City Council's
consideration of the joint resolution on October 21, 2002 is the resolution as adopted by the
Township on October 2, 2002. The version adopted by the Township does contain Paragraph 4.
However,the word"Conditions" is spelled incorrectly. It appears that the City-adopted version of
the joint resolution merely corrects this misspelling. Paragraph 4 is otherwise identical in both
versions.
August 13, 2014
Page 2
Further, the agenda report states that "[t]he property owner has also agreed to limit the
number of boat slips associated with his development to no more than 30. The DNR indicates that
50 to 70 slips were possible, depending on the specific development plan proposed." (Oct. 21,
2002 Agenda Report,p. 2)Neither the report nor the City Council minutes suggest that Paragraph
4 was added unilaterally by the City.
Next,the OSLRP Order contains a memorandum calling into question the authority of the
City and/or the Township to impose the conditions in Paragraph 4 of the joint resolution. The
memorandum states:
In ordering the annexation contained in Docket No. A-
2148(OA)-9, the Acting Director of Strategic and Long-Range
Planning finds and makes the following comment:
The authority to impose the type of charge identified in
Paragraph 4 of the joint resolution, is questionable. Chapter 414 of
the Minnesota Statutes contains no authority for the Township or the
City, to financially obligate the property owner as a condition of a
boundary adjustment. The issuance of this order makes no
determination as to the legality or validity of these provisions of the
agreement. Any issue that may arise relative to the application or
interpretation of these sections will be the sole responsibility[of]the
signatories to the agreement.
The parties are encouraged to consider this comment in light
of any further amendments that may be otherwise necessary to this
agreement for orderly annexation.
Although the memorandum only explicitly calls into question the authority of the City or the
Township to"financially obligate the property owner as a condition of boundary adjustment,"the
memorandum could be read to also question the authority for all of Paragraph 4,including the boat
slip condition.
2. Zoning Ordinance Provisions in 2002
At the time of the joint resolution and annexation in 2002, the City Code allowed "[l]ots
intended as controlled access to public waters or as recreation areas for use by owners of non-
riparian lots within subdivisions." City Code § 1104.307(3) (2002). A lot meeting the minimum
area requirement for riparian single family residential lots was allowed six boat slips. Id. One
additional boat slip was allowed for every 18.75 feet of additional shoreline length beyond the
single family lot size. Id. Under the 2002 zoning ordinance, the Stemmer Property would have
been allowed approximately 50 boat slips.
3. Development of the Property
In reviewing City documents concerning the Stemmer Property after the annexation, the
only other reference to the boat slip condition is contained in the agenda report for the City
August 13, 2014
Page 3
Council's consideration of a preliminary plat of the Stemmer Property in 2004.That agenda report
states:
Spring Lake Boat Slip/Dock: The proposal involves the
designation of an outlot to provide a future boat slip area and access
to Spring Lake for the residents of Stemmer Ridge. The developer
purposes [sic] to have a dock and 30 boat slips along Spring Lake.
The request meets the requirements of the code and is actually less
than allowed by ordinance, which is approximately 50 slips. This
number is consistent with the number discussed during the
annexation process. The outlot and boat slip area would be
maintained by the Stemmer Ridge Homeowners Association. The
plans show a 10' trail that will extend from the south side of County
Road 12 to Spring Lake as an access point for Stemmer Ridge
residents.
City Council Agenda Report Dec. 6, 2004. Documents concerning final plat approval, the
development agreement, and amendments to the development agreement make no mention of the
boat slip issue. At some point, the Stemmer Ridge development became known as Spring Lake
Estates.
4. History of the Use
Since the annexation of the Stemmer Property in 2002 and subsequent development of the
property into Spring Lake Estates, it appears that the property has only contained 30 boat slips,
which is consistent with the provision in the joint resolution and with the informal statements of
the original property owner and the developer during the plat approval process.Recently,however,
owners of property in Spring Lake Estates have indicated to the City their desire to install
additional boat slips.
5. Current Zoning Ordinance Regulations
On June 23, 2014, the City amended the section of the zoning ordinance concerning
shoreland regulations, section 1104. For controlled access lots that provide boat mooring facilities
for lot owners without lakeshore property, such as the parcel of land in Spring Lake Estates, the
number of boat slips allowable depends on several factors, such as adjacent land and water uses,
water depth, lake traffic, water quality, sanitary and parking facilities in the vicinity, and the
potential for nuisance from, for example, noise or fumes. City Code § 1104.307(3), (4). In any
event,the ordinance allows no more than one boat slip for every 12.5 feet of lot width as measured
at the Ordinary High Water Level.Id. § 1104.307(4)(d).According to the City,Spring Lake Estates
would be allowed 50 to 70 boat slips under the current ordinance.
Issue
Is the number of boat slips allowed for Spring Lake Estates governed by the terms of the
annexation documents or by the City's current zoning ordinance?
August 13, 2014
Page 4
Law/Analysis
1. Restriction on the Property
Setting aside for a moment the boat slip condition in the joint resolution, it is notable that
there appears to be no enforceable restriction on the Stemmer Property or its original or subsequent
owners that would limit the property to only 30 boat slips.
At the time of the joint resolution, the Stemmer family owned the property. The Stemmer
Property has since been sold, presumably to a developer and then to individual property owners.
Despite the mention of boat slips in the agenda report at the time of consideration of the
preliminary plat, no other document, including the final plat or the development contract for the
Stemmer Property, contains any restriction on the number of boat slips that the property may
contain. And, presumably, there is no recorded private covenant, declaration, or other restriction
covering the Stemmer Property that contains the limitation on the number of boat slips. While the
earlier agenda reports indicate that the owner/developer may have informally acquiesced to the
boat slip limitation,nothing suggests that the limitation is a legally binding condition on either the
original property owner or subsequent owners.
2. Statutory Language
The joint agreement to annex the Stemmer Property was executed by the City and the
Township pursuant to Minnesota Statutes section 414.0325 (2002).Under that section, a township
and a municipality"by joint resolution,may designate an unincorporated area as in need of orderly
annexation."Minn. Stat. §414.0325,subd. l(a). If a joint resolution"designates an area as in need
of orderly annexation, provides for the conditions for its annexation, and states that no
consideration by director is necessary,the director may review and comment,but shall, within 30
days, order the annexation in accordance with the terms of the resolution." Id., subd. 1(h). In
accordance with this provision, the director of OSLRP1 reviewed and commented on the joint
resolution, and ordered the annexation. See Minn. Stat. § 414.011, subd. 11.
Section 414.0325 also contains a provision on the validity and effect of a joint resolution
for orderly annexation:
An orderly annexation agreement is a binding contract upon all
parties to the agreement and is enforceable in the district court in the
1 Instead of the "director," section 414.0325 now refers to review and order by the "chief
administrative law judge." The statute was amended in 2008 to transfer authority under chapter
414 from the director of OSLRP to the chief administrative law judge of the state Office of
Administrative Hearings. See Minn. Stat. § 414.011, subd. 12 (2014).
2 The statute uses the terms `'joint resolution" and "orderly annexation agreement"
interchangeably, and caselaw indicates that they refer to the same document. See Bruggeman
Constr. v. City of Stillwater,No. A08-1747, 2009 WL 2226068, at*2 (Minn. App. July 28, 2009)
("The joint resolution is commonly called an 'orderly annexation agreement."').
August 13,2014
Page 5
county in which the unincorporated property in question is located.
The provisions of an orderly annexation agreement are not
preempted by any provision of this chapter unless the agreement
specifically provides so. If an orderly annexation agreement
provides the exclusive procedures by which the unincorporated
property identified in the agreement may be annexed to the
municipality, the municipality shall not annex that property by any
other procedure.
Minn. Stat. § 414.0325, subd. 6. The only parties to the joint resolution for annexation of the
Stemmer Property are the City and the Township.
3. Contractual Undertaking
While the orderly annexation statute makes clear that a joint resolution is binding on the
parties as to how property designated for orderly annexation may be annexed to the City, the law
is silent as to whether a joint resolution for orderly annexation,or any other annexation agreement,
may place conditions on the use of land that one party is contractually obligated to enforce after
the annexation.
Assuming that the boat slip condition represents a contractual undertaking of the City
governing how it must limit the use of the land through its regulatory authority, the vagueness of
the phrase "30 boat slips," makes the scope of that contractual undertaking unclear. The phrase
could be interpreted in more than one way. For example, it could mean that 30 boat slips existed
at the time of the annexation, or that no more than 30 boat slips would be allowed immediately
after the annexation, or that no more than 30 boat slips could ever extend from the property.
Under general principles of contract law, a contract is ambiguous when its language is
reasonably susceptible to more than one interpretation. Denelsbeck v. Wells Fargo & Co., 666
N.W.2d 399, 346 (Minn. 2003). When faced with ambiguous contract language, a court will look
to extrinsic or outside sources to ascertain the parties' intended meaning. Caldas v. Affordable
Granite & Stone, Inc., 820 N.W.2d 826, 832 (Minn. 2012). As noted above, the phrase "30 boat
slips" is reasonably susceptible to more than one interpretation. Thus, a determination of the
phrase's intended meaning requires resort to outside sources.
The two documents outside of the joint resolution that address the boat slip condition are
the October 21, 2002 agenda report (which accompanied the joint resolution for approval by the
City), and the December 4, 2004 agenda report (which accompanied the preliminary plat for the
Stemmer Property). The October 21, 2002 agenda report states that"[t]he property owner has also
agreed to limit the number of boat slips associated with his development to no more than 30." The
December 6,2004 agenda report states that"[t]he developer[proposes]to have a dock and 30 boat
slips along Spring Lake. . . . This number is consistent with the number discussed during the
annexation process." These agenda reports merely suggest that the property owner agreed to limit
the number of boat slips. They do not speak to whether the parties intended the City and/or the
Township to be contractually obligated to enforce the condition.
August 13, 2014
Page 6
4. Zoning Ordinance
Even assuming that the boat slip condition in the joint resolution can be read to limit the
property to no more than 30 boat slips, it is our conclusion that the City has no obligation to enforce
this condition against the current property owners.This conclusion is based on the assumption that
the zoning ordinance is the law of the City.See PTL, L.L.C. v. Chisago Cnty. Bd. of Comm'rs, 656
N.W.2d 567, 574 (Minn. App. 2003) (stating that a municipality's zoning and subdivision
ordinances "have the force of law"). The zoning ordinance therefore supersedes any actual or
implied agreement to regulate the land in a way contrary to that prescribed in the ordinance.
CONCLUSION
It is our conclusion, therefore, that the City's current zoning ordinance, as recently
amended, governs the number of boat slips allowable for Spring Lake Estates. It is worthwhile to
note that, even under the current zoning ordinance, the City has some discretion to decide how
many boat slips are appropriate for the property. While section 1104.307(4)(d) provides for a
maximum number of boat slips based on the width of the lot, other factors must be taken into
consideration, including adjacent uses, water depth, lake traffic, and water quality. City Code §
1104.307(3), (4). Thus, the City may determine, based on the lake and characteristics unique to
the property,that 30 boat slips is an appropriate number for Spring Lake Estates.
P:\bome\4209.001-Community Development-General\Spring Lake Estates Boat Slips\Memos\2014 08 13-MT McCabe-Spring
Lake Estates Annexation and Boat Slips.docx
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Prior Lake.MN 55372
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December 22, 2014
Spring Lake Estates Homeowner Association
Prior Lake, MN 55372
ATTN. Bart Sheffield
RE: Boat Slips for Controlled Access Lots on Spring Lake
Spring Lake Estates Homeowner Association
To Whom It May Concern:
I have evaluated plans provided by the Spring Lake Estates Homeowner Association (SLE-HOA)to in-
crease the number of association boat slips from 30 to 54,or an addition of 24 slips (plans attached).
Based on my review according to criteria provided in Subsection 1104.307 of the Prior Lake City Code
(Shoreland Regulations), I approve the total increase to 54 boat slips on Spring Lake for the SLE-HOA.
Further support of my approval, as Zoning Administrator,is as follows:
1. The 30-slip limit was imposed on the SLE-HOA as part of the annexation of this property in
2002; in 2014,the City Attorney has provided the city an opinion that this limitation is not
applicable, and that the current bloat slip limit is per Subsection 1104.307(3) and (4).
2. Those 30 boat slips were located on Spring Lake using a 2-dock configuration shown in the at-
tached 2009 aerial photo.
3. The length of shoreline at the 913' ordinary high water elevation is 945 feet (land must be at
least 20 feet in depth); based on the boat slip formula in Subsection 1104.307(4)d, a total
maximum of 75 boat slips is allowed (see attached shoreline determination).
4. The conditions identified in Subsection 1104.307(3)are met, related to such factors as com-
patibility,water depth,traffic volume,water quality, and nuisances. There is nearly 1,300
feet of shoreline without docks or boat slips directly to the east that is part of the County's
Spring Lake Regional Park. Nearly 800 feet of shoreline to the west is narrow without devel-
opment potential, ranging from 20-30 In depth. Water depths along the north side of Spring
Lake consistently range from 3-9 feet near the shoreline based on a 6/07/13 contour map.
Negative impacts related to traffic volume and water quality are very minimal based on the
minimal Increase of 24 boat slips in this section of Spring Lake. Nuisances from this low level
of boat slip increase are minimized.
5. The 2-dock system will not change significantly; more boat slips are added to each one on the
existing 2-sided system, only extending both docks' length. The proposed distance from the
shoreline at 108 feet appears to be only about 10 feet further into the lake.
Page 2 of 2
This letter will be kept on record for your association. Please contact me if you have further ques-
tions or concerns; any change to this approved boat slip number and dock system layout should be
submitted to the City for further review.
Sincerely,
Dan Rogness
Community& Economic Development Director
Zoning Administrator
952.447.9813
drogness@cityofpriorlake.com
Attachments
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Dan Rogness
From: Bart Sheffield <BSheffield@lnsamerica.com>
Sent: Friday, December 12,2014 4:53 PM
To: Kalis,Sara B.; Dan Rogness
Cc: Erik Westrum;Jason Kuboushek; Dan Smith
Subject: Meeting with SLE
Attachments: image4 jpg;IMG 0614 jpg
Dan,
Thanks again for meeting up with us tonight. Per your request, I am summing up our conversation and we will wait for
your approval before moving forward.
As stated,we are looking to approve 24 additional slips but it is looking like we will really only need 20 and will simply
take off a finger(I assume off the west dock by the swim platform side).
As proposed on the working model,the West dock total length of 185'(27 slips)but will actually be 155'(23 Slips)
depending on our final number
As proposed on the working model,the East dock total length will be 185(27 Slips)
Distance between slips will be approx.50'
Both East and west docks will be 108'away from shore.
We look forward to hearing from you and if you should have any questions, please let any of us know.
Regards,
Bart Sheffield
Regional Sales Manager
612-889-2800
bsheffield@LNSamerica.com
INS America, Inc.
4621 East Tech Drive
Cincinnati, OM 45245
Spring Lake Estates Boat Dock System - 2009
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Disclaimer:Ihlap and parcel data are believed to be accurate,but accuracy Is not guaranteed. This Is not a Map Scale
legal document and should not be substituted for a title search,appraisal,survey,or for zoning 1 Inch = 182 feet
verification.
12/12/2014
Spring Lake Estates Association Shoreline - Prior Lake MN
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Disclalmer;Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This Is not a Map Scale
legal document and should not be substituted for a title search,appralsal,survey,or for zoning i Inch = 179 feet
verification.
12/3/2014
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Spring Lake Estates Homeowner Association Boat Slips
Spring Lake
2014
Lake impact of adding 24 more boat slips to HOA property
(an increase from 30 to 54 slips):
Estimated number of home lots on Spring Lake = 230
Total allowable boat slips (6 per lot) = 1,380
Association boat slips (Spring Lake Estates) - 30
Estimated public access boats = 100/day
TOTAL BOATS/SLIPS ON SPRING LAKE = 1,740 (at 100% use)
24 additional boat slips = 1.4% of the total 100% maximum use
Size of Spring Lake = 592 acres (25,787,520 square feet)
Total Boats/Slips - 1,740 (at 100% use)
Area for each boat = .34 acre (14,820 square feet) at 100% use
24 additional boat slips = 1.4% of the total acres
MEMORANDUM
TO: Prior Lake Mayor and City Councilmembers
FROM: Mark Johnson and Ric Rosow
DATE: January 20, 2015
RE: Spring Lake Estates Homeowners Association's Application for Additional Boat
Slips
The purpose of this memorandum is to discuss (1) the process by which the Zoning
Administrator reviewed and approved the Spring Lake Estates Homeowner Association's
application for an increase in boat slips; (2) notice and appeal procedures in the Zoning Code for
those who disagree with Zoning Administrator decisions; (3)whether the concerns raised by those
who opposed the Zoning Administrator's boat slip decision should have been considered
"appeals" of his decision under applicable Zoning Code provisions; and (4) whether revisions to
the Code's appeal procedures might be appropriate with respect to future Zoning Administrator
decisions.
1. The process by which the Zoning Administrator reviewed and approved the
Homeowner's Association request for an increased number of boat slips.
In 2014, the Spring Lake Estates Homeowner's Association requested that Zoning
Administrator Dan Rogness approve an increase in the number of Association boat slips from 30
to 54. A number of individuals with homes on Spring Lake expressed concern to the Zoning
Administrator about the applicant's request. The concerns included the impact on Spring Lake
boat traffic, the authority of the Zoning Administrator to make such a decision in light of a 2002
annexation agreement, and other considerations. Mr. Rogness reviewed and considered a number
of factors relating to the application in light of City Code provisions. In addition, the City
Attorney's office issued an opinion stating that the Zoning Administrator should evaluate the
application based upon the Shoreland provisions of the City's Zoning Code.
On December 22,2014,the Zoning Administrator issued his decision to the Homeowner's
Association approving the request to increase the number of boat slips to 54. The approval letter
included discussion of a variety of factors relating to boat traffic, water quality, and other issues.
The approval letter was sent to the Homeowner's Association on December 22, 2014. The letter
was not at that time sent to any of the non-applicant individuals who had expressed concerns about
the application to the Zoning Administrator.
On December 23d and 24th, a number of individuals who had previously objected to the
boat slip increase again expressed their concerns about the increase through emails to staff, the
Mayor and City Councilmember. (At the time of those original December 23d and 24th emails,
these objectors apparently did not yet know the Zoning Administrator had already approved the
increase). At least one individual requested that the City"immediately cease action to increase the
January 20, 2015
Page 2
number of slip/dock expansion," objected to the valuation of the property in question, and
requested that the City "terminate any and all action to increase the number of boat slip/dock
expansion." On December 23d and 24th, Staff and at least one Councilmember responded to these
individuals. These responses stated that the Zoning Administrator had made the decision to
approve and increase in the number of boat slips. Councilmember Keeney advised at least one
concerned party, on December 24, 2014, that there might be some appeal process, that it was not
the place of a Councilmember to provide advice on such an appeal, and that the concerned party
should"promptly consult an attorney if you really wish to formally appeal."
2. Are there notice and appeal procedures in the Prior Lake City Code that apply to
decisions by the Zoning Administrator?
Appeals of Zoning Administrator decisions are controlled by Prior Lake City Code's
Zoning Ordinance, Section 1109.301, which reads as follows:
1109.301 Right to Appeal from the Decision of the Zoning Administrator.
At any time within 5 business days after a written order,
requirement, permit, decision, refusal, or determination by the
Zoning Administrator has been made interpreting or applying this
Ordinance, except for actions taken in connection with prosecutions
for violation hereof,the applicant or any other person affected by it,
or an officer or department representative of the City may appeal the
decision to the Board of Adjustment by filing a Notice of Appeal
with the Community Development and Natural Resources
Department addressed to the Board of Adjustment stating the action
appealed from and stating the specific grounds for the appeal.
In short, any appeal must be taken within five days of the decision, must be directed to the
Board of Adjustment, must be filed with the Community Development and Natural
Resources Department,must be addressed to the Board of Adjustment,must state the action
appealed from, and must state the grounds for appeal.
There are no provisions in the Zoning Code that would have required notice of this
decision to individuals other than the applicant. With respect to some major land use
decisions(e.g.,rezonings, CUPS, Comprehensive Plan amendments, etc.) notice to certain
concerned parties is required by the Code, usually in conjunction with a public hearing
requirement. These requirements may include notice to individuals residing within a
certain proximity to the applicant's property (typically 350 to 500 feet), and a requirement
that notice be published in the City's official newspaper. With respect to the decisions that
are vested in the Zoning Administrator and that do not require any public hearing or City
Council involvement, no such notice is required by the Prior Lake Zoning Ordinance.
3. Should the objections to the Zoning Administrator's decision have been
considered "appeals" under the Prior Lake Zoning Ordinance?
January 20, 2015
Page 3
Although the parties objecting to the Zoning Administrator's boat slip decision did
not directly receive a copy of the December 22, 2014 decision, City staff and a
Councilmember informed them of the decision on December 23 and 24, 2014. The
question has been raised: Since objections were raised within five days after the Zoning
Administrator's written decision, do these objections constitute an"appeal" of the Zoning
Administrator's decision under Prior Lake Zoning Ordinance Code Section 1109.301?
It is our opinion that the emails sent to the Mayor, Council and staff on December
23d and 24th did not constitute appeals under Code Section 1109.301. It is certainly true
that the emails objected to any decision by the City to increase the number of boat slips.
These emails did not,however, state anything to the effect that the Zoning Administrator's
decision was being appealed to the Board of Adjustment,did not reference any appeal, and
were not addressed to the Board of Adjustment, all of which are requirements of Code
Section 1109.301. Councilmember Keeney's December 24th response to an objector
emphasized that there may be appeal rights,there may be deadlines for such an appeal right
to be exercised, and the objector should consider consulting an attorney. Notwithstanding
this advice, no appeal to the Board of Adjustments was made within the five days or
thereafter.
Determining that the objecting individuals' emails did not meet the Zoning Code's
appeal requirements does not strike us as an overly"technical"interpretation of this Zoning
Code provision, given that City staff regularly receive a great variety and quantity of
communications concerning staff decisions, some of which is not favorable. Staff does not
consider all negative comments on their decision making as constituting "appeals," which
then must be funneled through formal Board of Adjustment and(potentially) City Council
review.
4. Should the City Council consider amendments to the Zoning Code
relating to notice of Zoning Administrator decisions and enhanced appeal
procedures?
With respect to future Zoning Administrator decisions, should the Council consider
adding to the Zoning Code additional notice and/or appeal procedures for non-applicant
parties who might have a concern about Zoning Administrator decisions? Certainly
additional procedures of this type could be written into the Code, and whether or not such
additional procedures are appropriate is a discretionary decision for the Council.
As mentioned above, there are currently notice requirements for certain types of
significant zoning decisions, usually requiring mailed notice to owners of record located
within a certain number of feet of the property for which the application is filed, plus
requirements for publication of notice in the official newspaper. The Council may want to
consider the added time and expense such additional notice provisions would entail. In
addition, it is not clear that such a formal notice process would have solved the difficulties
encountered with the Spring Lake boat slip decision. The objections to the decision may
or may not have originated from an area within 350 to 500 feet of the applicants' property,
the area that is entitled to notice under other sections of the City Code.
January 20, 2015
Page 4
The Council could consider other more indirect notice requirements for these types
of decisions—for example, a published notice of the application in the official newspaper,
or a requirement that such issues be decided by the City Council (which would require the
issue to be announced on the public City Council agenda). Again, however, given the
multitude of applications received by the Zoning Administrator and other staff requesting
approvals for specific property improvements, this might create an unmanageable burden
and expense for the City.
With respect to the appeal procedures under Section 1109.301, the Council might
consider making some modest adjustments to these procedures, amendments that would
enhance appeal rights without adding significant additional burdens and expense to the
City. The current provision for requiring an appeal within five business days after the
Zoning Administrator's decision is a relatively tight requirement.Expansion of this to, say,
10 days might be appropriate. In addition,we note that the Zoning Administrator currently
has a responsibility, with respect to those decisions requiring a public hearing, to "mail a
copy of the decision to a party requesting the same upon payment of a reasonable fee, if a
fee has been established." See, Prior Lake Code Section 1109.201. Adding such a
requirement to Zoning Administrator decisions, along with the suggested expansion in the
appeal right time to 10 days, may help address issues of this kind in the future.
O� FRIp
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Memo
Date: December 9,2014
To: Frank Boyles,City Manager
From: Pete Young,Water Resources Engineer
Katy Gehler, Public Works& Natural Resources Director
Subject: Water Surface Use Management—Ordinance Update Process
The flood of 2014 highlighted the destruction to shoreline that can occur by waves created by watercraft during high
water periods. We received several comments from property owners on both Prior Lake and Spring Lake this summer.
Due to threats to shoreline properties the City should review its existing approved WSUM ordinance and consider
updating/adding WSUM restrictions that reflect current day use and are more protective of all shoreline properties.This
would include addressing WSUM restrictions on Spring Lake.
Spring Lake is somewhat unique in that it lies between two jurisdictional authorities,the City of Prior Lake and Spring
Lake Township. However, it is completely in Scott County. There are two ways WSUM restrictions could be applied to
this lake. Either the County could take the lead and adopt rules and regulations on a county level or the two local
jurisdiction could pass like ordinances. In either case the County Sheriffs Department would be responsible for
enforcement. We are recommending that the City and the Township take the lead for Spring Lake for several reasons.
First,there is local control to be more responsive to residents on an actual and perceived level. Second,Spring Lake will
eventually lie completely in the City of Prior Lake which at that time will make sense to have the City be the controlling
agency. Third,the City currently has the authority for Prior Lake therefore it makes sense to have similar authorities.
Last,the City,working with the Watershed District, has a better understanding of the current gaging systems and
elevation controls.
The Minnesota Department of Natural Resources(DNR) is responsible for the oversight of local implementation of
Minnesota Administrative Rules parts 6110.3000-3800, known as the Water Surface Use Management(WSUM) rules.
Local units of government may formulate,amend,or delete controls for water surface use.The DNR must review and
approve these controls before an LGU may adopt a proposed WSUM ordinance;the following items must be submitted: i
1. A water surface worksheet with a map of the water body, highlighting the affected areas. E
2. A statement explaining the necessity for the ordinance and the solution to the problem this ordinance will offer.
3. A copy of the proposed ordinance.
4. An account of the public hearing held concerning the proposed controls, including an account of the statements
of each person who testified. j
l
The following tasks will be required:
i
Task Responsible Party Timeline F
Kickoff meeting to introduce project,outline responsibilities, City/Town staff,Scott 12/14
s
and determine scope of work County Sheriffs Dept., LAC
I
i
i
s
Phone 952.447.9800 / Fax 952.447.4245/%Nrmv.cityofpriorlake.com
Summarize authority for water surface use regulation and City/Town staff,Scott 12/14-1/15
evaluate against County resources and practicality of County Sheriff's Dept., LAC
enforcement
Public Meeting—Present viable options for water surface use City/Town staff,Scott Early Jan.
regulation and solicit input County Sheriff's Dept., LAC 2015
Draft ordinances,generate supporting documentation City/Town Staff 1/15
Public Hearing(at LAC and/or City Council meeting;Town LAC/Town 3/15
Board meeting)
Revise ordinances based on public input,draft final City/Town Staff 1/15-2/15
ordinances, draft joint powers agreement(based on DNR
template)
Submit to DNR for review and approval City/Town Staff 120 days
Pass WSUM ordinances(after DNR approval) City/Town 4/15 or 5/15
Public Ways&Property
SECTION 703
PUBLIC WATERS
SUBSECTIONS:
703.100: CHAPTER
703.200: PURPOSE,INTENT AND APPLICATION
703.300: DEFINITIONS
703.400: SPEED LIMITATIONS
703.500: ADDITIONAL RESTRICTIONS
703.600: EXEMPTIONS
703.700: NOTIFICATION
703.800: ENFORCEMENT
703.900: PENALTIES
703.100: TITLE: This Section shall be known and cited as the PUBLIC WATERS Code.
703.200: PURPOSE, INTENT, AND APPLICATION: Consistent with authority provided
to the City pursuant to Minnesota Statutes 8613.201, 8613.205, and 459.20,
and Minnesota Rules 6110.3000 — 6110.3800, as may be amended from
time to time, the purpose of this section is intended to control and regulate
the use of the waters of Upper and Lower Prior Lake in the City of Prior
Lake, Scott County, Minnesota; to promote to the fullest extent possible the
public's use and enjoyment of Upper and Lower Prior Lake; to promote and
protect the safety of persons and property in connection with the use of
these waters; to harmonize and integrate the varying uses of these waters;
and to promote the public health, safety and welfare on Upper and Lower
Prior Lake.
703.300: DEFINITIONS: For the purposes of this Section, the definitions set out in
Minnesota Statute Section 866.005 are incorporated herein and made part of this
Section. Terms not defined by said Statute shall have the following meanings:
High Wafer. An elevation of 903.9' or greater above mean sea level on Prior Lake,
as determined by the Prior Lake/Spring Lake Watershed District gauge. The
Ordinary High Water(OHW)of 903.9 mean sea level has been established by law.
Prior Lake: The body of water given that name and assigned the lake numbers 72-
26P and 72-22P by the Department of Natural Resources.
(Ord.Amd. 110-05, publ. 10/9/10)
Shore: The line separating land and water which shifts as lake levels increase and
decrease.
City of Prior Lake
703/pl
Public Ways&Property
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.
(Ord.Amd. 110-05, publ. 10/9/10)
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.
703.400: WATERCRAFT SPEED LIMITATIONS:
703.401 Towing Restrictions: No watercraft towing a person on water skis, inner tube,
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 water skis, inner tube, aquaplane or similar device by the most direct and
safe route to open water or shore shall be exempt from this provision.
703.402 General Speed Limit: No person shall operate a watercraft, at any time, greater
than a slow no-wake speed within one hundred fifty feet(150)from shore.
703.403 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 from Memorial Day weekend through Labor Day weekend.
703.404 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.
703.405 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 nine hundred
four feet (904.0') sea level, as measured by the City at the Prior Lake/Spring Lake
Watershed District gauge.
When the water level of Prior Lake reaches 904.0' sea level, the City Manager or
designee shall arranged to have notice of the no-wake provision televised on the
City's cable channel. The slow no-wake restriction shall become effective as of the
first televised notification. All public water accesses shall be posted prior to and
during the time the restrictions are in place. In addition, notice of said restrictions
shall be posted at Prior Lake City Hall.
When high water levels have 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.
703.406 Marked Slow No Wake Zones: No person shall, at any time, operate a watercraft
at a speed greater than slow no-wake speed in any marked no-wake channel/zone.
The City of Prior Lake or County of Scott shall install or cause to be installed buoys
marking navigable channels and/or no-wake zones. These channels and zones are
intended to maintain a safe lake environment and protect the lives and property of
City of Prior Lake
703/p2
Public Ways&Property
all lake users and owners. These channels/zones shall be posted at the following
locations:
• The Channel located directly North and South of the County Road 21/Eagle
Creek Avenue Bridge starting and ending at the navigational red and green
channel markers placed at both ends.
• The navigational channel marked by red and green navigational channel
markers and no-wake buoys to the East of Reed's Island.
• The navigational channel marked by slow no-wake buoys at both ends
North and South of the Lords Street Bridge.
• The navigational channel marked by slow no-wake buoys entering and
exiting from Boudin's Bay, including the entire surface area of Boudins Bay.
• The entire surface area of Candy Cove, starting and ending at the no-wake
buoy placed approximately one hundred fifty(150)feet West of the entrance
point to Candy Cove.
• The channel located at the entrance/exit point to Mud (Crystal) Bay, marked
by slow no-wake buoys at either end of the navigable channel at said
entrance/exit point.
703.500: ADDITIONAL RESTRICTIONS: No person shall use an inflatable water toy, air
mattress or inner tube more than one hundred fifty feet (150') from shore, unless
accompanied by a watercraft. No person shall swim more than one hundred fifty
feet(150')from shore, unless accompanied by a watercraft.
703.600: EXEMPTIONS: 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 Section.
A temporary exemption from the restrictions set forth in subsection 703.401 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 Sheriffs Department.
703.700: NOTIFICATION: The City shall notify the public of this Section, which shall include
but not be limited to placing a sign at each public watercraft launching facility
outlining the essential elements of this Section, as well as placing other necessary
buoys and signs.
703.800: ENFORCEMENT: The enforcement of this Section shall be the primary
responsibility of the Scott County Sheriffs Department. Other licensed peace
officers, including conservation officers of the Minnesota Department of Natural
Resources, are also authorized to enforce the provisions of this Section.
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Public Ways&Property
703.900: PENALTIES: Any person who violates any provisions of this Section shall be guilty
of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not
more than one thousand dollars ($1,000.00), or by imprisonment of not more than
ninety(90)days, or both.
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