HomeMy WebLinkAbout9B - PL City Code- Public Waters Section 703
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tO~ 16200 Eagle Creek Avenue S.E.
U t'r1 Prior Lake, MN 55372-1714
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MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
DECEMBER 4, 2006
9B
ROSS BINTNER, WATER RESOURCES ENGINEER
CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 703,
PUBLIC WATERS, OF THE CITY CODE OF ORDINANCES
Introduction
The purpose of this report is to consider an ordinance amending section 703,
public waters, of the City Code. The proposed ordinance also includes
amendments to the definitions of the ordinance, and the inclusion of provisions
regulating on-ice vehicle parking. This report recommends the Council
approve the proposed amendments.
Historv
On November 6, 2006, the City Council reviewed recommendations presented
by the Lake Advisory Committee (LAC) on winter lake access. A series of
recommendations were presented including the creation of a "no near shore
parking" ordinance. In directing staff to pursue the LAC recommendation the
Council suggested 150' from shore as an appropriate distance to prohibit on-
ice parking.
Current Circumstance~
The proposed ordinance adds to the scope of Section 703 of the City Code
and includes these changes:
1. An amendment to Section 703.300, to add a definition.
2. An amendment to Section 703.600, to add on-ice parking
limitations.
3. An amendment to Section 703.800, to clarify scope of notification
requirement for the City.
4. An amendment to Section 703.600 to 703.1000, renumbering
sections.
Section 703.300: The proposed ordinance adds a definition of the vehicles
intended to fall under the parking ordinance. Included in the definition are:
cars, trucks, sport utility, campers, snowmobiles and all terrain vehicles.
Section 703.600: The proposed ordinance states that no person shall park a
vehicle within one hundred fifty feet (150') of shore or nearer than fifteen (15')
of a vehicle already parked on the ice.
Section 703.800: The proposed ordinance requires that the City provide
notification of this ordinance through the placement of signs at public access
locations.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
ISSUES:
FINANCIAL
IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
ReViewrr: (
I \J\y)\
Frank Boylesl~it
The specific language of the proposed amendments is included within the
attached ordinance. As a summary, only vehicles are covered under the no
parking ordinance. Ice houses will still be allowed within 150' of shore.
If approved by the City Council, this ordinance will be forwarded on to the DNR
for approval. The DNR will have 120 days from the receipt of the request to
approve or deny the ordinance. Staff has had preliminary discussion with the
DNR and members of the department have indicated that they may be able to
act on this ordinance by the end of this year. If approved by the DNR the
ordinance will then go into effect after being published for the required duration
in the Prior Lake American and signs being places at all winter accesses.
Attached is a map that illustrates the 150' buffer, a water surface use
worksheet, and a statement of necessity for the DNR review process. Staff
feels this ordinance has a good chance of being approved by the DNR
because its intent closely matches the goals and policy of State rules
governing the creation of ordinances, including: to promote safety for persons
and property, accommodate all compatible recreation uses, minimize adverse
impact on natural resources, and minimize conflict between users in a way that
provides for maximum use, safety and enjoyment.
If approved, enforcement of the ordinance will be the duty of the Scott County
Sheriff water patrol. Deputy Bret Krick, who currently works on the water
patrol was involved in the public meeting held by the LAC and has reviewed
the proposed ordinance. When violated, enforcement will be at the discretion
of the Sheriff to write tickets or issue warnings.
The adoption of this amendment has minor financial impact on the City. Signs
must be produced and posted at each winter access. Enforcement of this
ordinance is the responsibility of the Scott County Sheriffs water patrol and will
not cause financial impact to the City of Prior Lake. The Sheriffs department is
aware of the proposed ordinance revision and supports it.
The City Council has the following alternatives:
1. Adopt an ordinance amending the text of the Zoning Ordinance as
proposed or with changes specified by the City Council and forward the
revised ordinance to the DNR for final approval.
2. Deny the amendment to the ordinance.
3. Defer consideration of this item and provide staff with specific direction.
The LAC and Staff recommend Alternative #1;
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Matager
Steve Albrecht, Public Works Director/City Eng.
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 106- XX
AN ORDINANCE AMENDING SECTIONS 703 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior lake does hereby ordain that:
1. Section 703.300 of the Prior lake City Code is hereby amended to add the following
definition:
Vehicle: Any motorized vehicle including but not limited to a; truck, car, sport utility, camper,
snowmobile, or all terrain vehicle.
2. Section 703.403 of the Prior lake City Code is hereby amended to correct a spelling error
and will read thus:
703.403
Niahttime SDeed 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.
3. Section 703.600 through 703.900 of the Section 703 of the Prior lake City Code are hereby
deleted in their entirety and replaced with the following subsections 703.600 through
703.1000.
703.600:
703.601
703.602
703.700:
703.800:
ON-ICE PARKING LIMITATIONS:
No Near Shore Parkinq: No person shall park or leave standing a vehicle within
one hundred fifty feet (150') from shore.
No Vehicle Cluster Parkina: No person shall park or leave standing a vehicle
within fifteen feet (15') of a vehicle already parked or left standing.
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 or
703.600 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.
NOTIFICATION: The City shall notify the public of this Section, which shall include but
not be limited to placing a sign at each public access or watercraft launching facility
outlining the essential elements of this Section, as well as placing other necessary
buoys and signs.
r:\agenda reports\2006\december 4, 2006\1iliBtiC:~Fi~~€@!llbc
Phone 952.447.4230 / Fax 952.447.4245
703.900:
ENFORCEMENT: The enforcement of this Section shall be the primary responsibility of
the Scott County Sheriff's 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.
703.1000:
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 ($1000.00), or by imprisonment of not more than
ninety (90) days, or both.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 4th day of December, 2006.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
,2006.
Drafted By:
Prior Lake Engineering Department
17073 Adelmann Street SE
Prior Lake, MN 55372
r:\agenda reports\2006\december 4, 2006\public waters ordinance. doc
2
WATER SURFACE USE WORKSHEET
APPLICANTS FOR WATER SURF ACE USE ORDINANCES ARE REQUIRED BY MINN. RULE
6110.3600 TO SUPPLY THE FOLLOWING INFORMATION REGARDING THE WATER BODY TO
BE REGULATED. YOU MAY USE THIS FORM OR SEPARATE SHEETS TO PROVIDE THE
NECESSARY INFORMATION. (PLEASE NOTE ANY INFORMATION THAT IS NOT
RELEVANT.'
Physical Characteristics
a. Size - normal surface acreage, if available, or the basin acreage listed on the DNR Web Page
or in the Division of Waters Bulletin No. 25 "An Inventory of Minnesota Lakes."
920
surface acres (or)
basin average
b. Crowding potential- expressed as a ratio of water surface area to length of shoreline.
920
surface acres:
16
miles of shoreline
c. Bottom topography and water depth (deepest & average) (available from DNR regional or
area fisheries headquarters).
Varied Topography, 61' depth, 20' average.
d. Shore soils and bottom sediments (available from DNR regional or area fisheries
headquarters).
40% Muck
25% Sand
30% Mix
5% Rubble
e. Aquatic flora and fauna (available from DNR regional or area fisheries headquarters).
Aquatic Vegetation, micro & macro invertebrates, fish.
f. Water Circulation
For Lakes: the existence and locations of strong currents, inlets, and large water level
fluctuations. For Rivers and Streams: velocity and water level fluctuations.
Lower Prior Lake has an outlet regulated by the Prior Lake Spring Lake Watershed
District. A majority of water flows through Lower Prior from Upper Prior to the outlet.
Water levels on the Lake vary based on precipitation, with an average yearly fluctuation
of2'.
g. Natural and artificial obstructions or hazards to navigation, including but not limited to
points, bars, rocks, stumps, weed beds, docks, piers, dams, diving platforms, and buoys.
Navigation in Lower Prior Lake is obstructed around islands and points by natural
rock and sand bars.
h. Regional relationship - the locations and the level of recreational use of other water bodies in
the area.
Lower Prior Lake shares recreational levels with Upper Prior Lake due to their
connectivity.
2. Existing development.
a. Private - to include number, location, and occupancy characteristics of permanent homes,
seasonal homes, apartments, planned unit developments, resorts, marinas, campgrounds,
and other residential, commercial, and industrial uses.
Approximately 90% of Lower Prior Lake shoreline is developed. Ownership of
developed portion is generally private and zoned single family residential. A marina
and restaurant are in operation on connected Upper Prior Lake.
b. Public - to include type, location, size, facilities, and parking capacity of parks, beaches,
and watercraft launching facilities.
Two public parks border Lower Prior Lake; Lakefront Park and Sand Point Beach.
The DNR operates a boat launch at Sand Point Beach.
3. Ownership of shore land - to include the location and managing governmental unit of shoreline in
federal, state, county, or city ownership as well as private semi-public or corporate lands.
Lower Prior Lake is entirely within the City of Prior Lake. Shore land is typically privately
owned.
4. Public regulations and management - to include federal, state or local regulations and
management plans and activities having direct effects on watercraft use of surface waters.
The City of Prior Lake has ordinances in effect to govern surface water issues. Section 703
of Prior Lake City Code "Public Waters" is enforced by the DNR and Scott County Sheriff.
5. History of accidents which have occurred on the surface waters (available from sheriff s office).
<See attached incident history> Source, Scott County Sheriff Deputy Bret Krick 496-8300
6. Watercraft use - to include information obtained in the morning, afternoon and evening on at
least one weekday and one weekend day, concerning the number of types of watercraft in each of
the following categories:
a. Kept or used by riparians.
b. Rented by or gaining access through resorts or marinas.
c. Using each public watercraft launching facility.
d. In use on the waterbody.
<Not relevant, Winter issue>
7. Conflict perception and control preferences - to include opinions, gained by surveys or through
public meetings or hearings of riparians, transients, local residents, and the public at large.
<See attached public hearing minutes>
IN ADDITION TO THE ABOVE, APPLICANTS ARE ALSO REQUIRED TO PROVIDE:
1. The information requested in Minn. Rule 6110.3600, portrayed on a map to the extent reasonable.
<See attached map>
2. A statement evaluating whether the information reveals significant conflicts and explaining why
the particular controls proposed were selected.
<See attached statement>
3. The proposed ordinance.
<See attached proposed ordinance>
4. A description of public hearings held concerning the proposed controls, including an account of
the statement of each person testifying.
<See attached public meeting minutes>
NAME (TYPE OR PRINT)
Ross T. Bintner
SIGNATURE
111 LE OF PERSON
COMPLETING FORM
Water Resources Emdneer
PHONE / E MAIL
952-447-9831 rbintner@citvoforiorlake.com
- -
Return completed form to:
Minnesota Department of Natural Resources
Boat and Water Safety Section
500 Lafayette Road
St. Paul, Minnesota 55155-4046
Statement of DurDose
This ordinance is being revised as a result of a public process to take feedback on problems and workable
solutions to near shore, on-ice parking.
Problems
The following is a list summarizing problems seen on Prior Lake in the past:
1. Limited near-shore surface parking for recreational access.
2. Limited numbers of public winter accesses to Prior Lake
3. Property damage to shoreline from vehicle parking on shore
4. Shoreline erosion from on-shore parking
5. Damage to near-shore skating rinks due to vehicle parking
6. Lack of room for skiing, skating, hockey or other winter activities near shore due to vehicle
parking
7. Risk to safety due to clusters of vehicles parked together.
8. Vehicles falling through the ice due to thin ice, or clustered parking.
Puroose of ProDosed Ordinance
The proposed ordinance hopes to balance recreation use of the lake while providing for the safety of
property and natural resources. The propose ordinance provides a 150' foot "no near-shore parking" zone
allowing opportunity for ice fishing, skating, skiing and other winter activities to occur within the 150'
zone, unencumbered by vehicle parking. The 150' "no near-shore parking" zone also intends to protect
property and shoreline from damage seen in the past from vehicles parked near shore and on shore.
To discourage cluster parking, the ordinance states that no person shall park a vehicle nearer than 15'
from a vehicle already parked on-ice.
Public Process
The City Council most recently reviewed this issue in February and March of2006. The Council directed
its Lake Advisory Committee (LAC) to review and study the problems surrounding winter lake access.
The LAC held a series of five meetings and one public hearing to learn and take comment about issues of
winter access. After having taken public comment and meeting with DNR and sheriffs department
enforcement personnel, the LAC made recommendations to the City Council. The Council reviewed the
issue again in November of2006 and directed City Staff to craft an ordinance for its consideration. On
December 5, 2006 The City Council approved the ordinance presented to the DNR in this application,
contingent on approval from the DNR.
Consistencv with Water Surface Use Management Rules
- -
The proposed ordinance meets the goals set forth in 6110.3200 to:
1. Accommodate all compatible recreation uses.
2. Minimize adverse impact on natural resources.
3. Minimize conflicts between users in a way that provides for maximum use, safety and enjoyment.
Ice fishing, skating, skiing, snowmobiling, and hockey are compatible uses, but the use must be better
governed. By creating at 150' no-near shore parking zone the City hopes to better balance the recreation
uses of the lake while at the same time, protect natural resources and property.
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This drawing is neither alegaly recorded map nor a survey
and is not intended 10 be used as one. This drawing is a
compilatiOn of records, information and data from various city.
county and state offices and olher sources. This document
should be used for reference only. No represenlBlion is made
that features presented accuralety reflecllrue location. TIle
City of Prior lake, or any other entity from which data was
obtained, assumes no lability lor any errors or omissions
herein. If discrepancies are found, please conlacllhe
CilyofPriorlake.