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HomeMy WebLinkAbout5G WSUM Ordinance Amendments Report4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: PRESENTED BY: AGENDA ITEM: DISCUSSION: SEPTEMBER 12, 2016 5G PETE YOUNG, WATER RESOURCES ENGINEER PETE YOUNG CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 703 OF THE PRIOR LAKE CITY CODE RELATING TO PUBLIC WATERS AND WA- TER SURFACE USE MANAGEMENT, AND ENTERING INTO A JOINT POW- ERS AGREEMENT WITH SPRING LAKE TOWNSHIP REGARDING REGU- LATION OF THE SURFACE OF SPRING LAKE Introduction The purpose of this agenda item is to consider approval of an ordinance amend- ing Section 703 of the Prior Lake City Code and entering into a Joint Powers Agreement (JPA) with Spring Lake Township. The proposed ordinance amend- ment includes several updates recommended by the Water Surface Use Man- agement (WSUM) Task Force. The Minnesota Department of Natural Resources (DNR) has reviewed and approved the proposed ordinance amendment. History Local governments can enact WSUM rules to regulate activities on water bodies such as lakes. WSUM rules describe the goals of the rules, require an assess- ment of the water surface use conditions, and establish water surface manage- ment standards or parameters, which may be included in a local ordinance. The DNR oversees WSUM at the state level and works with local government units enacting WSUM ordinances. The City of Prior Lake has had some form of sur- face waters regulation on Prior Lake since the 1980s, with the last substantial WSUM revision coming in 1994. The need to update local WSUM rules stems from several factors including a lack of WSUM regulations for Spring Lake, changes in lake use, ongoing feedback regarding shoreline erosion, and a rise in safety concerns expressed by the Scott County Sheriff’s Office. On April 27, 2015 the Spring Lake Town Board and Prior Lake City Council met to discuss various topics including WSUM regulations. The outcome of this meet- ing was to create a task force with representation of key stakeholder groups to evaluate several policy topics related to WSUM, and to provide recommenda- tions back to the Board and Council. The WSUM task force consisted of stakeholders representing a cross section of the community and lake users. This group met eight times and spent many hours reviewing information and talking to their constituents about WSUM issues. Lake use is central to this community; by striving for balanced lake use through its WSUM ordinance, the City will continue to attract a broad range of recreational users to its public waters while protecting the rights of shoreline owners. On March 14, 2016, the Town Board and City Council met to discuss the task force’s preliminary findings, a draft final report, and recommended changes to 2 the City’s ordinance dealing with WSUM (City Code Section 703, Public Waters). During that meeting the City Council directed staff to move forward with a public process to update City Code Section 703 and also to form an education task force that will assist lake users in understating the requirements of City Code 703. In order to enact WSUM regulations on Spring Lake, the Spring Lake Town Board would have to adopt an ordinance with matching provisions. Other WSUM task force recommendations included increasing the enforcement presence on Spring Lake and creating a mechanism to ensure adequate placement and spac- ing of marker buoys around the lakes. On April 28, 2016, City and Township staff hosted a public informational meet- ing to present the WSUM task force’s findings and also to solicit feedback from the community relating to potential ordinance updates. Over 90 residents at- tended and several provided written comments. Additional written comments were received after the meeting via email and mailed forms. The public com- ments were generally supportive of all recommended changes except one item dealing with the restriction of sustained, bow-high operation of a boat in the area south of Twin Isle. This was the only controversial recommendation brought forth by the WSUM task force. The recommendation was supported by a narrow majority of task force members. On May 9, 2016, the City and Township held a public hearing to obtain testi- mony regarding proposed changes to City Code Section 703. Public testimony was given by 30 individuals during the public hearing (Attachment 1). The City Council voted to remove the provision pertaining to sustained, bow-high opera- tion of a boat in the area south of Twin Isle and submit the remainder of the or- dinance to the DNR. The DNR recently completed their review of the proposed changes to City Code Section 703. The DNR found the draft ordinance to be “a measured and reason- able response to the existing conditions.” The DNR approved the proposed changes to City Code Section 703, with the condition that the JPA with Spring Lake Township must be signed by both parties. The DNR requires the JPA be- cause Spring Lake falls under the jurisdiction of more than one Local Govern- ment Unit (LGU) – Spring Lake Township and the City of Prior Lake. The results of the DNR review are summarized in Attachment 2. Current Circumstances City staff, with input from the City Council, the WSUM Task Force, and the gen- eral public, has proposed amendments to Section 703 Public Waters of the City Code (Attachment 3) for City Council review. All of the proposed amendments were presented to the City Council in advance of the May 9, 2016 public hearing. In addition to minor wording changes made for clarification, the following key elements are included in the proposed amend- ments: Adding WSUM Regulations to Spring Lake WSUM regulations equivalent of those for Prior Lake would be extended to Spring Lake under the proposed amendments. The Spring Lake proposal does not include any marked slow no-wake zones outside of the standard 150’ shore- line zone. Both lakes would have a high water slow no-wake provision starting at the Ordinary High Water (OHW) elevation, or 903.9’ for Prior Lake and 912.8’ for Spring Lake. 3 Changes to Towing Restrictions The existing ordinance restricts towing through the 150’ shoreline zone. The WSUM Task Force recommended that this be changed so that towing in this zone, at a slow no-wake speed, would be allowed. This addresses resident con- cerns that activities such as towing a tube at slow speeds are currently restricted near the shore. To address safety concerns in congested areas, towing re- strictions are proposed only for the marked slow no-wake zones listed in Section 703.405. Changes to Speed Limits Speed limits for towing were changed at the state level in 2015. Prior Lake has long-standing speed limit restrictions that are now different than those of the state law with respect to time of day. To increase public safety and simplify en- forcement, the WSUM Task Force recommended matching the state’s speed limit timing restrictions. New Slow No-Wake Zone Riparian residents of Paradise Bay petitioned the WSUM Task Force to review the potential for adding a permanent slow no-wake zone to the entire surface of the bay. After reviewing all available information and visiting the site, the WSUM Task Force recommended adding Paradise Bay to the list of permanent slow no- wake zones on Prior Lake. This recommendation is included in the proposed ordinance amendment under Section 703.405. Conclusion The proposed ordinance amendments meet state requirements and represent the culmination of a detailed public process to review and update the City’s WSUM regulations. The DNR has reviewed and approved of all ordinance amendments as presented. The ordinance amendments are consistent with all state rules and regulations. Based upon the findings set forth in this report and the recommendation of the Minnesota DNR following a public hearing, staff recommends approval of the proposed amendments. ISSUES: The Spring Lake Township Town Board is scheduled to act upon the ordinance this week so we will know the action they have taken by the date of the city council meeting. If the ordinance amendments are approved, City staff will start the process of educating the public on the amended ordinance in preparation for the 2017 boating season. The primary tool for this public outreach will be an education task force, as directed by the City Council. City staff will also coordi- nate with the Scott County Sheriff’s Office to ensure that any enforcement-re- lated updates are relayed to the public. FINANCIAL IMPACT: Amending the ordinance will have little direct financial impact on the City of Prior Lake. City staff time will be required to work with the planned education task force, although some of this work will be accomplished by community volunteers, including Lakes Advisory Committee members. Updated signs advising the pub- lic of WSUM regulations will be needed at all public launch facilities on Prior Lake (2 sites) and Spring Lake (1 site). The cost of these signs is expected to be minimal. 4 ALTERNATIVES: 1. Motion and a second as part of the consent agenda to approve an Ordinance amending Section 703 of the Prior Lake City Code as proposed, or as may be amended by the City Council. 2. Motion and a second as part of the consent agenda to approve a Joint Pow- ers Agreement with Spring Lake Township regarding regulation of the sur- face of Spring Lake. 3. Motion and Second as part of the consent agenda to approve a Resolution adopting the Summary of Ordinance and ordering the publication of said summary. 4. Motion and second to remove this item from the consent agenda for addi- tional discussion. RECOMMENDED MOTION: Alternatives No. 1, No. 2, and No. 3 as part of the consent agenda. ATTACHMENTS: 1. WSUM Public Hearing Minutes (May 9, 2016) 2. DNR WSUM amendments review letter 3. Proposed Redline Amendments to Section 703 4. Draft Joint Powers Agreement 5. Summary ordinance 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 116-XX AN ORDINANCE AMENDING CITY CODE SECTION 703 PUBLIC WATERS RELATING TO WATER SURFACE USE MANAGEMENT The City Council of the City of Prior Lake, Minnesota ordains: 1. City Code Section 703, Subsection 703.200 is amended as follows: PURPOSE, INTENT, AND APPLICATION : Consistent with authority provided to the City pursuant toAs authorized by Minnesota Statutes 86B.201, 86B.205, and 459.20, and Minnesota Rules 6110.3000 – 6110.3800, as may benow in effect and as hereafter amended from time to time, this Ordinance is enacted for the purpose of this section is intendedand with the intent to control and regulate the use of the waters of Upper and Lower Prior Lake and Spring 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 Lakesaid bodies of water; 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 Lakesaid bodies of water. 2. City Code Section 703, Subsection 703.300 is amended as follows: High Water: 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. An elevation of 912.8’ or greater above mean sea level on Spring 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- 22P70002600 and 70007200 by the Department of Natural Resources. (Ord. Amd. 110-05, publ. 10/9/10) 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) Spring Lake: The body of water given that name and assigned the lake number 70005400 by the Minnesota Department of Natural Resources. 3. City Code Section 703, Subsection 703.401 is deleted in its entirety and replaced by City Code Section 703, Subsection 703.502 (see item #11, below). 4. City Code Section 703, Subsection 703.402 is renumbered to City Code Section 703, Subsection 703.401 and amended as follows: 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. Any watercraft launching or landing a person on water skis, wakeboards, kneeboards, or barefoot by the most direct and safe route to open water or shore shall be exempt from this provision. 2 5. City Code Section 703, Subsection 703.403 is renumbered to City Code Section 703, Subsection 703.402 and amended as follows: Daytime Speed Limit: No person shall operate a watercraft at greater than forty (40) miles per hour, from sunrise to one-half hour after sunset, on all weekends and legal holidays occurring from Memorial Day weekend through Labor Day weekend. 6. City Code Section 703, Subsection 703.404 is renumbered to City Code Section 703, Subsection 703.403 and amended as follows: Nighttime Speed Limit: No person shall operate a watercraft at greater than twenty (20) miles per hour, from one-half hour after sunset to sunrise the following day, at any time during the year. 7. City Code Section 703, Subsection 703.405 is renumbered to City Code Section 703, Subsection 703.404 and amended as follows: High Water Slow No-Wake: No person shall operate a watercraft at greater than a slow no-wake speed on the entire surface of Prior Lake when the water level in said water body reaches nine hundred four feet (904.0’) sea level, as measured by the City at the Prior Lake/Spring Lake Watershed District gaugeits High Water elevation, as defined in Section 703.300. No person shall operate a watercraft at greater than a slow no-wake speed on the entire surface of Spring Lake when the water level in said water body reaches its High Water elevation, as defined in Section 703.300. When the water level of Prior Lake and/or Spring Lake reaches 904.0’ sea levela High Water elevation, as defined in Section 703.300, the City Manager or designee shall arrange to have notice of the high water slow no-wake provision restriction televised posted on the City’s cable channel website. The high water slow no-wake restriction shall become effective as of the first televised notification posting. All public water accesses shall be posted prior to and during the time the restrictions are is 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 High Water elevation of nine hundred four feet (904.0’) sea level, as defined in Section 703.300, for three (3)72 consecutive dayshours, said restriction shall be promptly removed by removing the posting on the City’s website. 8. City Code Section 703, Subsection 703.406 is renumbered to City Code Section 703, Subsection 703.405 and amended as follows: 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 the County of Scott County Sheriff’s Office shall install or cause to be installed buoys marking navigable channels and or slow no-wake zones. These channels andMarked slow no-wake zones are intended to maintain a safe lake environment and protect the lives and property of all lake users and owners. These channels/Slow no-wake zones shall be posted marked at the following locations on Prior Lake:  The navigational Cchannel located directly Nnorth and Ssouth of the County Road 21/Eagle Creek Avenue Bridge starting and ending at the navigational red and green 3 channel markers placed at both ends.  The navigational channel marked by red and green navigational channel markers and no wake buoys located to the East south of Reed’s Island.  The navigational channel marked by slow no wake buoys at both ends located Nnorth and Ssouth of the Lords Street Bridge.  The navigational channel marked by slow no wake buoys entering and exiting from located at the entrance/exit of Boudin’s Bay, including and the entire surface area of Boudin’s Bay.  The navigational channel located at the entrance/exit 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 and the entire surface of Candy Cove.  The navigational channel located at the entrance/exit point to of Mud (Crystal) Bay, marked by slow no wake buoys at either end of the navigable channel at said entrance/exit point.  The navigational channel located at the entrance/exit of Paradise Bay, and the entire surface of Paradise Bay. 9. City Code Section 703, Subsection 703.500 is amended as follows: 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. 10. City Code Section 703, Subsection 703.501 is added as a new subsection: Swimming: 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. 11. City Code Section 703, Subsection 703.502 is added as a new subsection (revised from the previous City Code Section 703, Subsection 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 a marked slow no-wake zone. 12. City Code Section 703, Subsection 703.600 is amended as follows: 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 703.401 502 may be allowed under certain circumstances. To qualify for a temporary exemption, an application for a permit must be completed, which shall include: the purpose of the exemption, the organization or persons being exempted, the location of the exemption, and the date and time of the exemption. The temporary exemption permit shall be issued by the Scott County Sheriff's Department Office. 4 13. City Code Section 703, Subsection 703.800 is amended as follows: ENFORCEMENT: The enforcement of this Section shall be the primary primarily the responsibility of the Scott County Sheriff's Department Office. Other licensed peace officers, including conservation officers of the Minnesota Department of Natural Resources, are also authorized to enforce the provisions of this Section. 14. This Ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 12th day of September, 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor A Summary of this Ordinance will be Published in the Prior Lake American on the 17th day of September, 2016. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-XXX A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 116-XX AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, WHEREAS, WHEREAS, The City Council held a public hearing regarding amendments to Section 703 Public Waters of the Prior Lake City Code on May 9, 2016; and The City Council has considered the advice and recommendation of city staff reports and others pertaining to the City Code amendments; and On September 12, 2016 the City Council adopted Ordinance 116-XX amending Section 703 of the Prior Lake City Code related to Public Waters and Water Surface Use Management; and WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the City Council finds that the summary is an accurate representation of the Ordinance; and WHEREAS, The City Council desires to publish a summary of the amendments to Section 703 of the Prior Lake City Code related to Public Waters and Water Surface Use Management and has determined the publication of a summary of this ordinance will meet the intent of the statute. 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.Ordinance No. 116-XX is lengthy. 3.The text of summary of Ordinance No. 116-XX, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4.The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5.A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake Website after September 12, 2016. PASSED AND ADOPTED THIS 12TH DAY OF SEPTEMBER, 2016. 2 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐☐ ☐ ☐ ☐ Absent ☐☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager 3 Exhibit A SUMMARY ORDINANCE NO. 116-XX AN ORDINANCE AMENDING CITY CODE SECTION 703 PUBLIC WATERS RELATING TO PUBLIC WATERS AND WATER SURFACE USE MANAGEMENT The following is only a summary of Ordinance No. 116-XX. The full text will available for public inspection after September 12, 2016 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance amends Section 703 Public Waters of the Prior Lake City Code which addresses Water Surface Use Management for Prior Lake and Spring Lake. Amendments include: minor language clarifications throughout; new and revised definitions; revised speed limit provisions; clarification of high water slow no-wake provision for Prior Lake; new high water slow no-wake provision for Spring Lake; updated high water slow no-wake notification provisions; new marked slow no-wake zone for Paradise Bay on Prior Lake; and updated towing restrictions. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 12th Day of September, 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Summary Ordinance to be published in the Prior Lake American on the 17th day of September, 2016. Public Ways & Property City of Prior Lake 703/p1 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 toAs authorized by Minnesota Statutes 86B.201, 86B.205, and 459.20, and Minnesota Rules 6110.3000 – 6110.3800, as may benow in effect and as hereafter amended from time to time, this Ordinance is enacted for the purpose of this section is intendedand with the intent to control and regulate the use of the waters of Upper and Lower Prior Lake and Spring 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 Lakesaid bodies of water; 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 Lakesaid bodies of water. 703.300: DEFINITIONS: For the purposes of this Section, the definitions set out in Minnesota Statute Section 86B.005 are incorporated herein and made part of this Section. Terms not defined by said Statute shall have the following meanings: High Water: 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. An elevation of 912.8’ or greater above mean sea level on Spring 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 72-22P70002600 and 70007200 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 Public Ways & Property City of Prior Lake 703/p2 decrease. Slow No-Wake: The operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than five (5) miles per hour. (Ord. Amd. 110-05, publ. 10/9/10) Spring Lake: The body of water given that name and assigned the lake number 70005400 by the Minnesota Department of Natural Resources. 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. 703.402401 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. Any watercraft launching or landing a person on water skis, wakeboards, kneeboards, or barefoot by the most direct and safe route to open water or shore shall be exempt from this provision. 703.403402 Daytime Speed Limit: No person shall operate a watercraft at greater than forty (40) miles per hour, from sunrise to one-half hour after sunset, on all weekends and legal holidays occurring from Memorial Day weekend through Labor Day weekend. 703.404403 Nighttime Speed Limit: No person shall operate a watercraft at greater than twenty (20) miles per hour, from one-half hour after sunset to sunrise the following day, at any time during the year. 703.405404 High Water Slow No-Wake: No person shall operate a watercraft at greater than a slow no-wake speed on the entire surface of Prior Lake when the water level in said water body reaches nine hundred four feet (904.0’) sea level, as measured by the City at the Prior Lake/Spring Lake Watershed District gaugeits High Water elevation, as defined in Section 703.300. No person shall operate a watercraft at greater than a slow no-wake speed on the entire surface of Spring Lake when the water level in said water body reaches its High Water elevation, as defined in Section 703.300. When the water level of Prior Lake and/or Spring Lake reaches 904.0’ sea levela High Water elevation, as defined in Section 703.300, the City Manager or designee Public Ways & Property City of Prior Lake 703/p3 shall arranged to have notice of the high water slow no-wake provision restriction televised posted on the City’s cable channelwebsite. The high water slow no-wake restriction shall become effective as of the first televised notificationposting. All public water accesses shall be posted prior to and during the time the restrictions are is 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 High Water elevation of nine hundred four feet (904.0’) sea level, as defined in Section 703.300, for three (3)72 consecutive dayshours, said restriction shall be promptly removed by removing the posting on the City’s website. 703.406405 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 the County of Scott County Sheriff’s Office shall install or cause to be installed buoys marking navigable channels and orslow no-wake zones. These channels andMarked slow no-wake zones are intended to maintain a safe lake environment and protect the lives and property of all lake users and owners. These channels/Slow no-wake zones shall be posted marked at the following locations on Prior Lake:  The navigational Cchannel located directly Nnorth and Ssouth 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 buoyslocated to the East south of Reed’s Island.  The navigational channel marked by slow no-wake buoys at both endslocated Nnorth and Ssouth of the Lords Street Bridge.  The navigational channel marked by slow no-wake buoys entering and exiting fromlocated at the entrance/exit of Boudin’s Bay , includingand the entire surface area of Boudin’s Bay.  The navigational channel located at the entrance/exit 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 toand the entire surface of Candy Cove.  The navigational channel located at the entrance/exit point toof Mud (Crystal) Bay, marked by slow no-wake buoys at either end of the navigable channel at said entrance/exit point.  The navigational channel located at the entrance/exit of Paradise Bay, and the entire surface of Paradise Bay. 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. 703.501 Swimming: 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. Public Ways & Property City of Prior Lake 703/p4 703.502 Towing Restrictions: No watercraft towing a person on water skis, inner tube, aquaplane or similar device shall be operated at any time within a marked slow no- wake zone. 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 703.401 502 may be allowed under certain circumstances. To qualify for a temporary exemption, an application for a permit must be completed, which shall include: the purpose of the exemption, the organization or persons being exempted, the location of the exemption, and the date and time of the exemption. The temporary exemption permit shall be issued by the Scott County Sheriff's DepartmentOffice. 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 primarily the responsibility of the Scott County Sheriff's DepartmentOffice. Other licensed peace officers, including conservation officers of the Minnesota Department of Natural Resources, are also authorized to enforce the provisions of this Section. 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. JOINT POWERS AGREEMENT REGARDING REGULATION OF THE SURFACE USE OF SPRING LAKE AGREEMENT made this _____ day of __________________, 2016 between the City of Prior Lake, Minnesota (“City”) and Spring Lake Township, Minnesota (“Township”) pursuant to Minnesota Statute Section 471.59. I. GENERAL PURPOSE. The general purpose of this agreement is to regulate the surface use of Spring Lake, a body of water located in Scott County, Minneso ta and designated by the Minnesota Department of Natural Resources as lake #70005400. A portion of Spring Lake lies within the City and a portion lies within the Township. II. METHODS. The City and Township may hereafter adopt such ordinances and regulations as they deem fit to implement the general purposes referred to herein. Any such ordinances adopted by the City and Township shall be identical in nature so as to provide uniformity in enforcement and regulation. III. ENFORCEMENT. Subd. A. The City shall be solely responsible for notifying the public by official notification and posting all areas to be regulated as described herein. Subd. B. All appropriate law enforcement agencies are authorized and entitled to enforce the provisions of any regulations or ordinances adopted pursuant to this agreement. IV. TERMINATION. Either party may terminate this agreement by giving 30 days of notice to the other party of its intention to do so. Furthermore, this Agreement shall automatically terminate if the ordinances adopted pursuant to this Agreement are modified to such a degree that they are substantially different in their terms or in the event State Law supersedes local authority to regulate the activities referred to herein. IN WITNESS WHEREOF, the parties have signed this Agreement the day and year first above written. CITY OF PRIOR LAKE By _______________________________ Mayor SPRING LAKE TOWNSHIP By _______________________________ Board Chair