HomeMy WebLinkAbout5A - City Code "Public Waters" Surface Water Usage
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
STAFF AGENDA REPORT
SA
JOEL RUTHERFORD, WATER RESOURCES COORDINATOR
PUBLIC HEARING TO CONSIDER ORDINANCE 93-24,
AMENDING PRIOR LAKE CITY CODE, TITLE 9, CHAPTER 3,
"PUBLIC WATERS", AFFECTING SURFACE WATER USAGE
SEPTEMBER 7, 1993
The purpose of this Agenda item is to conduct a Public Hearing for
amendments to the City Code. These amendments would re-write
Title 9, Chapter 3, entitled "Public Waters".
The Lake Advisory Committee (LAC) has made recommendations
to the Council to amend the "Public Waters" chapter of the City
Code. The amendments proposed include various items the
Committee supports as a method to improve safety for lake users
and to improve enforcement of the Eurasian Water Milfoi!
Ordinance.
During the review of the "Public Waters" Chapter in the Code, it
was discovered that many of the existing controls were never
approved by the DNR. To be enforced, regulations restricting water
surface use must be approved by the DNA. The items not
approved by the DNR could not be enforced, and therefore, should
not be in the Code.
At the Council Meeting on August 2, 1993, amendments were
introduced to the Council that included the recommendations from
the LAC, and items the DNR has already approved. At that time,
Council authorized Staff to advertise for a Public Hearing, and to
prepare the ordinance.
The LAC members have reviewed the DNR's requirements and
guidelines and have discussed enforcement issues with officials
from the Scott County Sheriff's Department. As a result of these
meetings, the LAC is recommending that the items included in the
proposed ordinance, be included in the City Code. Peter Patchin, a
member of the LAC, will be presenting this ordinance to the
Council.
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4629 Dakota St. S.E., Prior Lake. Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY ElvIPLOYER
The items in the ordinance can be categorized into two groups: (1)
items recommended to improve safety; and (2) items that have
been approved by the DNR, but are being amended to improve
their effectiveness.
The recommendations by the LAC to promote safety on the lakes,
are a result of various factors. It appears as though owners of
"muscle boats" are coming to Prior Lake because there is not a
speed limit on Prior Lake. The Scott County Sheriff's Department,
by checking boat registrations, have discovered that some of the
owners of these boats live in the Lake Minnetonka area. Many of
the other area lakes, including Lake Minnetonka, Lake Marion
(Lakeville) and Crystal Lake (Burnsville and Lakeville) already have
speed limits on them. The 40 mph has been established as the
maximum because it is an acceptable speed for skiers to ski
barefoot. Also, a limit of 15 mph is proposed from sunset to sunrise
the following day, because limited visibility at night prohibits boats
from travelling safely at 40 mph. The 15/40 mph are the only
options, besides Slow No-Wake, that the DNR allows in their
guidelines, for controlling speed. The LAC members feel the limits
proposed are an acceptable means to control speed, and will
benefit Prior Lake by promoting safety for all users.
Because of the difficulties of seeing them from a boat, the LAC is
recommending that innertubes and air mattresses not be allowed
further than 150' from shore, unless attached to a watercraft.
A perpetual slow no-wake buffer zone around the entire lake can
provide a safer area for non-motorized watercraft, innertubes,
swimmers, divers, and other lake users who are slow moving and
difficult to see. This proposal, although recommended as a method
of improving safety, would also help reduce damage caused by
erosion along the shores of Prior Lake. Each of the area lakes
listed above have a slow no-wake buffer zone around them.
There may be a conflict between the ski club's ski jump and course,
and the proposed 150' buffer zone. The ski club currently receives
a permit from the Scott County Sheriff's Department which allows
the ski jump to be placed on the lake. The DNR, according to their
guidelines, will allow "temporary exemptions from controls through
the use of permits issued by the unit of government adopting the
ordinance or rule." The proposed ordinance includes language that
will allow for this type of exemption. The DNR recommended that
the Sheriff's Department issue the permits because they will be the
primary enforcement agency. If the City Council wishes to not allow
these exemptions, that language can be taken out.
Other items in the ordinance are included because they have
already been approved by the DNR, and are deemed necessary.
The Eurasian Water Milfoil (EWM) controls are included to restrict
boating in areas treated for EWM, as well as preventing boats and
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Trailers with EWM attached from entering the lakes in the City. The
language has been changed to include a modification
recommended by the Sheriff's Department. The language now
includes "within fifty feet (50') of any area" instead of "within any
area". The Sheriff's Department felt the new language will be
easier to enforce.
The high water slow no-wake controls are still needed to minimize
erosion along the shore, during periods of high water. This
ordinance was used this summer when the lake level exceeded an
elevation of 904.0'. A potential problem appeared when the lake
level had first dropped below 904.0'. With rain in the forecast, there
was a concern that the lake would go above 904.0'. If it had gone
above 904.0', after being below for only a short period of time, the
process of issuing the slow no-wake restrictions would have to start
over. The language has been changed to wait 3 days before the
restrictions would be removed. This language would allow an
extended time period, in case the lake drops below 904.0' for only a
short period of time.
The Scott County Sheriff's Department is aware of the ordinance,
and agrees the items included will be better from an enforcement
point of view. A draft of the ordinance has been reviewed and given
preliminary approval by staff at the DNR. If the Council adopts this
ordinance, staff will submit the final ordinance to the DNA. If the
DNR approves this final ordinance, staff will proceed to publish the
ordinance.
ALTERNATIVES:
The alternatives are as follows:
1. Adopt Ordinance 93-24, Amending Prior Lake City Code,
Title 9, Chapter 3, in its entirety.
2. Adopt Ordinance 93-24, with modifications.
3. Table this item for further discussion.
4. Do not adopt Ordinance 93-24.
RECOMMENDATION: Adopt Ordinance 93-24
ACTION REQUIRED: The action required is for the City Council to approve a motion
adopting Ordinance 93-24, Amending Prior Lake City Code, Title 9,
Chapter 3, in its entirety.
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CITY OF PRIOR LAKE
ORDINANCE NO. 93-24
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 9,
CHAPTER 3.
The City Council of the City of Prior Lake does hereby ordain:
Title 9, Chapter 3 of Prior Lake City Code is hereby amended in its entirety
to read as follows:
Section:
9-3-1:
9-3-2:
9-3-3:
9-3-4:
9-3-5:
9-3-6:
9-3-7:
9-3-1:
9-3-2:
9-3-3:
CHAPTER 3
PUBLIC WATERS
Title
Purpose
Deimitions
Limitation on Use of Watercraft; Exemptions
Slow No.Wake Zones
Additional Restrictions
Enforcement and Penalties
TITLE: This Chapter shall be known and cited as the "Public Waters"
Chapter.
PURPOSE: The purpose of this Chapter is to enhance and preserve
the recreational use, safety, and enjoyment of Prior Lake.
DEFINITIONS: For the purposes of this Chapter, the following terms
shall have the meanings:
HIGH WATER:
an elevation of 904.0' or greater above mean sea
level on Prior Lake, as determined by the Prior
Lake/Spring Lake Watershed District gauge.
the body of water given that name and assigned the
lake numbers 70-26 and 70-72 by the Department
of Natural Resources.
PRIOR LAKE:
9.3.4:
9.3.5:
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.
WATERCRAFI': 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.
LIMITATION ON USE OF WATERCRAFT; EXEMPTIONS:
(A) No Watercraft shall be operated on Prior Lake except in
compliance with this Chapter.
(B) Authorized resource management, emergency and enforcement
personnel, when performing their assigned duties, shall be
exempt from this Chapter.
(C) A temporary exemption may be allowed for those restrictions
included in subparagraph (A) of Section 9-3-5. To qualify for a
temporary exemption, an application for a permit will be
required, which shall include: purpose of exemption, organization
or persons who will be exempted, the location of exemption, and
the time of exemption. The permit for temporary exemption shall
be issued by the Scott County Sheriffs Department.
SLOW NO.WAKE ZONES:
(A) From shore to a distance of one hundred fifty feet (150') from
shore shall be a perpetual Slow No-Wake zone.
No Watercraft towing a person on water skis, aquaplane, or a
similar device shall be operated at any time in a perpetual Slow
No-Wake zone; provided, however, that any Watercraft launching
or landing a person on water skis, aquaplane, or similar device by
the most direct route to open water or shore shall be exempt from
this subparagraph (A).
(B) During periods of High Water, the City Manager of Prior Lake, or
his/her designee, may, at his/her discretion, and upon notifying
the Scott County Sheriff, impose an additional Slow No-Wake
zone on such areas of Prior Lake as may be deemed necessary.
Such restrictions shall become effective upon publication in the
local paper as a news item or on a specified date, whichever is
later. All public water accesses and private launch ramps shall be
posted prior to and during the time the restrictions are in place.
In addition, notice of said restrictions shall be posted at the Prior
Lake City Hall.
When High Water levels have subsided and remained below an
elevation of 904.0' for three (3) consecutive days, said restrictions
shall be promptly removed.
9-3-6:
ADDITIONAL RESTRICTIONS: The following restrictions shall be
in effect at all times:
(A) The maximum speed limit for Watercraft on Prior Lake from
sunset to sunrise the following day shall be fifteen (15) miles per
hour. The maximum speed limit for Watercraft on Prior Lake at
all other times shall be forty (40) miles per hour.
(B) No person shall use an inflatable watertoy, air mattress, or
innertube more than one hundred and fifty feet (150') from shore,
unless attached to a Watercraft.
(C) No person shall anchor or operate a Watercraft within fifty feet
(50') of any area identified by qualified aquatic biologists and
marked for prescribed treatment with yellow milfoil buoys.
(D) A person shall not place a trailer or launch a Watercraft with
Eurasian water milfoil attached into any water bodies within the
City.
9-3-7:
ENFORCEMENT AND PENALTIES:
(A) The Scott County Sheriff's Department, the Prior Lake Police
Department, and other licensed peace officers, including
conservation officers of the Minnesota Department of Natural
Resources shall have the authority to enforce the provisions of
this Chapter.
(B) Except as otherwise set forth in Minn. Stat. ~ 84.9692, violation
of any provision of this Chapter shall be a misdemeanor and shall
be punished by a fine not to exceed seven hundred dollars
($700.00) or by imprisonment not to exceed ninety (90) days, and
costs.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of
1993.
ATTEST:
Mayor
Ci ty Manager
Published in the Prior Lake American on the _ day of
, 1993.
Drafted by:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis, Minnesota 55402
~.iill~I_J.~i1
TO:
FROM:
DATE:
SUBJECT:
/1
Joel Rutherford, Water Reso~!)rdinator
Frank Boyles, City Manager' i {
August 10, 1993
Proposed No Wake Ordinance
I received a telephone call this morning from Pete Schenck representing the Prior Lake
Water Ski Club. Pete expressed concern about the ordinance provisions which the City
Council will be considering at their September 7 meeting.
His central concem was the proposed "no wake" prohibition within 150 feet of the
shoreline. He stated that the ordinance would be difficult to enforce in that the irregular
shoreline of the lake creates difficulties in determining how far 150 feet extends.
Moreover, it is subjective and, therefore, the likelihood of prosecution for a violation of
the ordinance is remote.
The slalom course and ski jump anchored on prior lake are within 150 feet of the
shoreline. Both facilities must be anchored. To place them beyond 150 feet from shore
would create hardships for the Ski Club as well as a practical problem of anchoring
each in deeper water. He also questioned the wisdom of having the ski jump and
slalom course located in the middle of the lake as opposed to a more out of the way
location towards the shoreline.
Pete indicated that Ski Club representatives would be present at the September 7
meeting to elaborate on these concems. Pete wonders whether there is some other
means of accomplishing the same ends with a more objective ordinance. Please give
this some thought before the September 7 meeting. I would appreciate it if you would
include a copy of this memorandum with your report to the City Council on September
7.
FBME51.WRT