HomeMy WebLinkAbout10D - Amendment to Sec. 901, Public Waters
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CITY COUNCIL AGENDA REPORT
MAY 21,2007
10 D
ROSS BINTNER, WATER RESOURCES ENGINEER
CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 901,
PUBLIC WATERS, OF THE CITY CODE OF ORDINANCES
Introduction
The purpose of this report is to consider an ordinance amending Section 901
of the City Code. The proposed ordinance includes adding a restriction to
parking on land within 20' of the lake shore. This report includes the LAC
recommendation that 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. The event that originally prompted the review of this issue
was an event where 5 cars fell through the ice near the Shady Beach access
and property damage occurred towing these cars out of the lake.
Staff prepared a proposed ordinance based on the LAC recommendation and
City Council direction and engaged the DNR to gauge the likelihood of DNR
approval for an ordinance that limits on-ice parking. The DNR unequivocally
rejected any on ice limitations. While the Council could still move forward with
the passage of on-ice restrictions and get an official denial from the DNR on
this proposal, Staff took this information back to the LAC to get their opinion.
After learning that the DNR would be unwilling to allow any on ice parking
restrictions, the LAC chose to modify their recommended ordinance revision.
The new proposed ordinance is described below.
Current Circumstances
The proposed ordinance adds to the scope of Section 901 of the City Code
and includes these changes:
1. Renumbering paragraphs 901.208 through 901.212, to make room
for a new paragraph.
2. Addition of a new paragraph 901.208.
Section 901.208: The proposed ordinance reads thus:
901.208
Winter Shoreline Parkina Restrictions: In order to prevent
damage to shoreline or beach and damage to water quality
resulting from shoreline erosion, it is unlawful for any Person to
stop, stand or park any Vehicle or permit it to stand on land that is
shoreward 20 feet from the point where the ice begins on any
Lake. This restriction will remain in effect from November 1 sl until
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Phone 952.447.9800 / Fax 952.447.4245
March 31st of the following year. A violation of this subsection
shall be a petty misdemeanor.
ISSUES:
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 forwarded a draft of this ordinance
on to the DNR and comments from the DNR were added to the proposed
language. If approved by the DNR the ordinance will then go into effect after
being published in the Prior Lake American for the required notification period
and Signs being places at all winter accesses. Enforcement can happen
through the Prior Lake Police, DNR, or Sheriff's Department Water Patrol.
FINANCIAL
IMPACT:
The adoption of this amendment has some financial impact on the City
however it is hard to quantify. Signs must be produced and posted at each
winter access and the ordinance will need to be enforced.
ALTERNATIVES:
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.
RECOMMENDED
MOTION:
The LAC and Staff recommend Alternative #1 ;
Steve Albrecht, Public Works Director/City Eng.
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO.1 01- XX
AN ORDINANCE AMENDING SECTIONS 901 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Sections 901.208 through 901.212 are hereby renumbered to be 901.209 through 901.213
respectively, leaving 901.208 unfilled.
2. Section 901.208 of the Prior Lake City Code is hereby added and will read thus:
901.208 Winter Shoreline Parkina Restrictions: In order to prevent damage to
shoreline or beach and damage to water quality resulting from shoreline
erosion, it is unlawful for any Person to stop, stand or park any Vehicle or
permit it to stand on land that is shoreward 20 feet from the point where the
ice begins on any Lake. This restriction will remain in effect from November
1st until March 31st of the following year. A violation of this subsection shall
be a petty misdemeanor.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 21st day of May, 2007.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 26th day of May, 2007.
Drafted By:
Prior Lake Engineering Department
17073 Adelmann Street SE
Prior Lake, MN 55372
r:\council\agenda reports\2007\05 21 07\O~1~r~lilOa~.doc
Phone 952.447.9800 / Fax 952.447.4245