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HomeMy WebLinkAbout8A - Public Waters AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: STAFF AGENDA REPORT 8A JOEL RUTHERFORD, WATER RESOURCES COORDINATOR CONSIDER SETTING PUBLIC HEARING DATE TO DISCUSS AMENDMENTS TO THE CITY CODE, TITLE 9, CHAPTER 3, "PUBLIC WATERS", WHICH AFFECT WATER SURFACE USE AUGUST 2, 1993 The purpose of this Agenda item is to consider amendments to the "Public Waters" Chapter of the City Code, of which a copy is attached to this agenda. Many of the existing ordinances contained in the "Public Waters" Chapter have never been approved by the Department of Natural Resources, and therefore can not be enforced. Staff is asking the City Council to consider abandoning those items that have not been approved by the DNR. An ordinance will then be written containing the language necessary to implement the decisions of the Council, based on the action taken at this meeting. As part of the process to rewrite this chapter, the Lake Advisory Committee is recommending changes to be incorporated into the City Code. The LAC is asking Council to hold a Public Hearing, so that the City can request DNR approval. The changes recommended by the LAC are a result of two objectives: (1) improving safety on the lake; and (2) amending the City's Eurasian Water Milfoil Ordinance to make it more enforceable, and so that it conforms with legislation passed this year. There are several sections in this chapter that were approved in the late 1970's and 80's. They were all approved after 1975. The DNR requires that any ordinances adopted after 1975 must be approved by them, otherwise they are not enforceable. The Eurasian Water Milfoil Ordinance (92-01), though approved last year by the DNR, should be amended to incorporate items in the new rules established by the DNR, and also to include a recommendation from the Lake Advisory Committee. -1- 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 A'\l EQLAL OPPORTUNITY E.,'1PLOYER DISCUSSION: The High Water Slow-No Wake Ordinance (93-12) was adopted this year to protect property along the shoreline during periods of high water. This ordinance has been approved by the DNR, and therefore will not be changed. The Lake Advisory Committee, in an effort to improve safety for all lake users, have discussed several ideas that have been suggested by its members. The Committee, during its July 21, 1993 meeting, approved recommendations to the City Council. The Council will be asked to consider these recommendations, to incorporate them into the amendments. During the past few months, an evaluation of the Chapter in the City Code pertaining to Public Waters revealed that many of the Ordinances were never approved by the DNR. Without DNR approval, ordinances that control or restrict water surface use are not enforceable. Staff is asking Council to consider a Public Hearing and amendments to the City Code, that will "cleanup" this chapter, so that only ordinances that have been approved by the DNR will be included. A Public Hearing is required by the DNR, and a record of all comments heard at the Public Hearing will be reviewed by them prior to DNR approval. The Lake Advisory Committee members, after reviewing the DNR's requirements and guidelines, and after a discussion with officials from the Scott County Sheriff's Department, are recommending that the following items be included in the amended ordinance: Eurasian Water Miltoil The Sheriff's Department suggested the Eurasian Water Milfoil Ordinance be amended to include a specified distance around buoys, instead of "within any area". The Sheriff's Department felt the current wording was too vague, and therefore difficult to enforce. Based on that information, the members agreed to recommend the ordinance be amended to say "within 50 (fifty) feet" of buoys. Because of recent legislation the City Attorney is also recommending changes to the Eurasian Water Milfoil Ordinance. These changes will be incorporated into the Ordinance. Lake Users' Safety During meetings of the Lake Advisory Committee, members have discussed ideas on how safety can be improved on the lake. Members discussed the increasing number of "muscle" boats that are seen on Prior Lake, along with dangers that exist when boaters are traveling at high speeds. It was reported to the Committee, by the Sheriff's Department that a check of registrations for many of these "muscle" boats, indicate they are from the Lake Minnetonka area. It has been suggested that these -2- boaters are coming here, because many other lakes. including Lake Minnetonka, Orchard Lake (Lakeville), Lake Marion (Lakeville) and Crystal Lake (Burnsville/Lakeville) already have speed limits on them. The Lake Advisory Committee is recommending that the City Council set a "speed limit of 40 MPH, with a speed limit of 15 MPH from sunrise to sunset". The speed limit of 40 MPH has been established as the maximum, because that is an acceptable speed for skiers to ski barefoot. Another recommendation by the Lake Advisory Committee, is to establish a permanent "slow-no wake" zone from shore to a distance of 150' from shore, except for watercraft launching or landing a person on water skis, aquaplane, or similar device by the most direct route to open water or shore." 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 four lakes listed above also have slow-no wake buffer zones around them. The third recommendation, relating to safety, is to adopt restrictions, so that "no person shall use an untethered inflatable watertoy, air mattress, or innertube more than 150' from shore". The recommendations submitted by the LAC fit the guidelines and controls established by the DNR. These rules allow three options for controlling speed limits: (1) Slow-No Wake; (2) 15 MPH; and (3) 40 MPH, and four options for controlling time periods: (1) sunrise to sunset or sunset to sunrise the following day; (2) 9:00 a.m. to 6:00 p.m. or 6:00 p.m. to 9:00 a.m. the following day; (3) noon to 6:00 p.m. or 6:00 p.m. to noon the following day; and (4) all 24 hours of the day. Also, "controls concerning a "Slow-No Wake" shall be established for the entire water body, or portion thereof according to the following criteria: within 100 feet or 150 feet from the shore; or where watercraft speed or wake constitutes a hazard to persons, property, or the natural resources; or where it has been determined that such control(s) would enhance the recreational use and enjoyment of the majority of users." The Lake Advisory Committee used an ordinance recently approved by the DNR, as their model ordinance. Any deviations from the controls recommended by the Lake Advisory Committee, if different from the controls established in the DNR rules, may be more difficult to attain DNR approval. -3- ALTERNATIVES: The alternatives are as follows: 1. Approve the Authorization for a Public Hearing, to amend the Chapter on Public Waters in the City Code. 3. Table this item for further discussion. 4. Do not approve Authorization for a Public Hearing. RECOMMENDATION: Approve Authorization for a Public Hearing, to amend the City Code. ACTION REQUIRED: The action required is for the City Council to approve a motion authorizing Staff to advertise for a Public Hearing on September 7, 1993, and to prepare ordinances, as needed to amend the City Code. -4- ';j-v i SECTION: 9-3- 1: 9-3- 2: 9-3- 3: 9-3- 4: 9-3- 5: 9-3- 6: 9-3- 7: 9-3- 8: 9-3- 9: 9-3-10: 9-3-11 : ~-v-, CHAPTER 3 PUBLIC WATERS Nuisance Prohibited Nuisance Defined Actions Requiring Permit Use of Watercraft Prohibited Acts Relating to Watercraft Speed Limits Swimming Restrictions Air Mattress, Inner Tubes; Use of Passengers in Motorboats Eurasian Water Milfoil Penalty 9-3-1: NUISANCE PROHIBITED: No person shall commit or main- tain a public nuisance in or upon the waters of Prior Lake and no person shall let, permit or enable any other person to use any boat, dock, craft or structure, or portion thereof, knowing that it is intended to be used for committing or maintaining a public nuisance. No person shall wilfully permit, hinder, oppose or obstruct a public official in the performance of his duty in carrying out the provisions of this Chapter, or in removing or abating a public nuisance. 9-3-2: NUISANCE DEFINED: A public nuisance is a crime, punish- able as a misdemeanor and consists of unlawfully doing an act or omitting to perform a duty, which act or omission shall, for the purpose of this Chapter: (A) Cause the depositing of sewage into lake water. 293 City of Prior Lake ~_~_~ ~-v-~ (B) Cause the erection or maintenance of any dock or structure which interferes with, obstructs or tends to obstruct or render dangerous for use the waters of any lake. 9-3-3: ACTIONS REQUIRING PERMIT: (A) The following may be permitted with a permit from the City Manager: " 1. The erection or maintenance of any dock or structure of more than seventy five feet (75') in length. 2. The erection or maintenance of any dock or structure which projects beyond the extension of the property owner's boundary. 3. The erection or maintenance of any dock or structure with more than five (5) slips for boats. (8) Such permit shall require submission of a detailed plan showing the following: 1. Dock location; 2. Configuration; 3. Number of boat slips. (C) Annual renewal of said permit shall be required and shall be issued by the City Manager. (Ord. 77-4, 6-27-77) (D) A fee shall be charged for each permit issued by the City Manager and such fee shall be determined at the discretion of the City Council. (1979 Code) 9-3-4: USE OF W ATERCRAFf: (A) All watercraft in use or underway between sunset and sunrise shall be equipped with and have in operation red and green running lights in the forward section of the boat, with the red light being on the port side of the boat and the green light on the starboard side of the boat, and a white light at the stern or the superstructure, which white light shall be visible on a dark night with clear atmosphere, for a distance of two (2) miles from any direction; provided, however, that 293 City of Prior Lake ~-;j-4 oJ""""", motor-powered watercraft under sixteen feet (16') in overall length may use portable lights which must be clamped on the watercraft when in use; and, non powered watercraft may use a portable single white light which is visible from any direction for a distance of two (2) miles on a dark night with clear atmosphere. 293 City of Prior Lake (B) All watercraft, when at anchor or drifting, must show a white light visible from any direction for a distance of one mile, and such light shall be lit from sunset to sunrise Any watercraft anchored at a dock or pier need not have the white light lit. (C) All watercraft shall have on board, and readily accessible, approved life preservers, vests or other similar buoy and devices capable of keeping every person on board afloat. (0) No watercraft other than an authorized water patrol boat or other police watercraft shall use or display a red light, except a red running light. (E) No watercraft, other than an authorized water patrol boat, or other police watercraft, shall use or display a police, sheriff or law enforcement officer's flag or any device designed to simulate such a flag. 9-3-5: PROHIBITED ACTS RELATI;'-j(; TO WATERCRAFT: (A) No person shall board, use, damage or tamper with a watercraft except the owner, or with the owner's consent. (B) No person shall tow or operate a watercraft towing one or more persons behind a watercraft on water skis, aquaplane, surf board, saucer or similar device except in compliance with the following regulations: 1. Every person being towed shall wear an approved life vest, belt or other buoyant device. 2. Not more than two (2) persons may be towed at one time except with written permission of the County Sheriff. 3. No person shall be towed from one-half (;12) hour after official sunset to sunrise. 4. No person shall be towed by rope, cable or other towing device longer than eighty five feet (85'), except with a written permit of the County Sheriff. 5. No person shall operate a watercraft within one hundred fifty feet (150') of any bathing area, skin diver's warning flag, swimming, raft, watercraft, dock or pier. 6. No person shall tow, or be towed during a holiday, Saturday or Sunday or in a congested area at any time unless two (2) competent persons are on B,6) the boat or watercraft. The driver of such watercraft shall be at least fifteen (15) years of age and must watch where the watercraft is being driven at all times. The second person on board the watercraft shall be an observer, and shall be at least twelve (12) years of age and shall watch the person or persons being towed at all times. 7. No person shall drag an unoccupied tow line behind a watercraft for an unreasonable length of time. 8. No person shall be towed into or through a marked channel connecting two (2) bodies of water. (C) The operator of any motorboat, speedboat or of any vessel under power shall not overtake or pass any watercraft in a channel and narrow passage and all watercraft shall proceed through channels and narrow passages of water with closed throttle. (D) No person shall obstruct or interfere with passage of a boat or vessel through a channel or narrow water passageway. (E) No person shall operate a boat or a vessel in a careless or reck less manner. (F) No person shall anchor or operate a boat within one hundred feet (100') of a structure holding a lawful permit to be used for the purpose of a ski jump or within one hundred feet (100') of the buoys used as markers for the water-ski course during such times as the said water-ski courses are in use by water skiers. (G) No person shall operate any watercraft, automobile, vehicle or power propelled device in the open water, or upon an ice covered body of water in such a manner as to endanger life, limb or property. (Ord. 77-4,6-27-77) 9-3-6: SPEED LIMITS: (A) Reduced Speed Areas Posted: The speed of any motor boat, speed boat or any vessel under power may be restricted on any waters within the City upon the recommendation of an appropriate law enforcement officer and approval by the City Manager. Such restriction, at the discretion of the City Manager, shall be implemented by the posting of the restricted area either for a specified reduced speed or a closed throttle zone (idle speed with no wake). (B) High Water Speed Limitations: During periods of high water, nine hundred four feet (904.0') or greater above mean sealevel, in waters within the City, ,Pit ::;'-,;)-0 ""--V IV the City Manager may, in his discretion and upon conferring with the appropriate authority, impose reduced speed, no wake and/or closed throttle restrictions upon the operation of any motor boat, speed boat or any vessel under power on such waters and within such areas as he may specify. Such restrictions shall take effect seven (7) days after publication of the restrictions in the local paper as a news item and the posting at all public landings on such waters of said restrictions. In addition, notice of said restrictions shall be posted at the City Hall. Said restrictions shall be promptly removed when the high water levels have subsided. (Ord. 83-7, 7-5-83) 9-3-7: SWIMMING RESTRICTIONS: (A) No person shall swim in a channel or jump or dive from a channel bridge or dam. (B) No person shall swim more than one hundred feet (100') from the shoreline unless accompanied by an attended boat or vessel. 9-3-8: AIR MATTRESS, INNER TUBES; USE OF: (A) No person shall use any air mattresses, inner tubes or other inflated articles or flotation equipment in any of the City lakes or waters more than one hundred feet (100') from the shoreline. (B) No person operating a boat or motorized watercraft shall tow or allow to be towed behind the boat or motorized watercraft a person upon an air mattress, inner tube or other inflated article. 9-3-9: PASSENGERS IN MOTORBOATS: No person shall ride or sit on a starboard or port gunwale, the decking over the bow, or the seat back or transom of any motorboat while underway, unless such boat is provided with adequate guards or railings to permit passengers from falling overboard, and no person shall operate such a motorboat while any person is so riding or sitting. (Ord. 77-4, 6-27-77) 9-3-10: EURASIAN WATER MILFOIL: The growth of Eurasian water milfoil in the waters of the City affects the public health, safety 293 City of Prior Lake ~-,j- I U ~-..;- I I and welfare by contributing to the deterioration of public waters and reduc- tion of the economic and natural value of such waters. The City has deter- mined that regulations and penalties relating to the introduction and control of Eurasian water milfoil are necessary to protect the waters of the City. (A) A person shall not place a trailer or launch a watercraft with Eurasian water milfoil attached into any water bodies within the City. (Applicable law, M.S. 18.317 Sub. 3.) (B) A person shall not anchor or operate a watercraft within any area identified by qualified aquatic biologists and marked for prescribed treatment with yellow milfoil buoys as authorized in Minnesota Rules 6110.1500. sub. 7. (C) Enforcement, emergency, resource management and other government personnel or contractors are exempt from this Section when performing official duties or authorized work as prescribed in Minnesota Rules 6110.1200, sub. 2, para. 3. (D) The City, the Scott County Sheriff's Department and the Department of Natural Resources will review their experience with this Section and, based upon that, the City will consider amendments to conform with the adopted DNR Eurasian Water Milfoil Plan and any appropriate legislation on this matter for the 1993 boating season. (Ord. 92-01, 5-4-92) 9-3-11: PENALTY: Any person violating any of the provisions of this Chapter shall be guilty of 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. (Ord. 92-01, 5-4-92) 293 City of Prior Lake CITY OF PRIOR LAKE ORDINANCE NO. 93-20 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION 9-3-6. The City Council of the City of Prior Lake does hereby ordain: Section 9-3-6(B) of Prior Lake City Code is hereby amended to read as follows: (B) High Water Speed Limitations: 1. These words or phrases, when used in this ordinance, have the following meanings: a. "Slow-no wake" means the operation of a watercraft at the slowest possible speed necessary to maintain steerage. b. "Prior Lake" is the body of water given that name and assigned the lake numbers 70-26 and 70-72 by the Department of Natural Resources. 2. During- thg FQ~iodg of high ~~tQ~ (90~.O' O~ g~Q~tQ~ _ above mean sea level on Prior Lake, as determined by the Prior Lake/Spring Lake Watershed District gauge), the City Manager of Prior Lake, or his/her designee, may, at his/her discretion, and upon notifying the Scott County Sheriff, impose a slow/no wake speed on such areas of the lake as may be 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. Said restrictions shall be promptly removed when high water levels have subsided. 3. Authorized resource management, emergency and enforcement personnel, when acting in the performance of their duties, shall be exempt from the restrictions in this Section 9-3-6(B). This ordinance shall become effective from and after its passage and publication. ~~ ~v AGENDA ITEM 3 AMM POLICY DEVELOPMENT PROCESS 1. Issues of concern are submitted to the AMM by individual local officials, cities, board members, and/or committee members. staff monitors pending or anticipated legislation and Metropolitan or state Agency rules and regulations and suggests issues for discussion from these areas. 2. The concerned policy committee then will discuss, research, and study as necessary the various issues and determine if policy is appropriate. If so, the committee will develop a policy statement and recommend its adoption to the Board of Directors and General Membership. 3. The Board of Directors review the policy recommendations from all the committees and may modify or suggest changes. The total policy package is then forwarded to the general memberShip. 4. A general membership meeting of all AMM cities is held to discuss and vote on each policy. The delegates at this meeting modify, delete, or pass on the various policies. A two-thirds vote of those members present is needed to adopt a policy. 5. During the legislative session when the committees are not meeting, the Board of Directors can establish a policy position in response to pending legislation or agency rules and regulations. This position is then referred to the appropriate committee for review and formal policy development action at the earliest possible time. Agenda Item 4 TO: AMM Board and Policy Committee Members FROM: Staff SUBJECT: Policy Development/Schedule 1993 ACTIVITY Review 1993 pOlicy in light of legislative activity in the past year and revise as appropriate. Continue development of new policy positions as suggested by the committee members, Board of Directors, and member city officials. 1993 SCHEDULE ~uesday, 8/2/93 Committee begin policy development process. ~Thursday, 9/23/93 Final 1994 Committee reports complete. Tuesday, 9/28/93 Reports mailed to Board of Directors. Thursday, 10/14/93 Board of Directors review/approval. 10/?/93 Final proposed policy mailed to membership. 11/?/93 Full membership meeting to consider 1994 Legislative Policy Program. The above schedule will allow each committee four meetings if they meet once every two weeks which based on past experience, should be adequate. There is some flexibility in this schedule but the State League process overlaps the AMM time schedule somewhat. The dates for mailing policy to the membership and the policy adoption meeting will be confirmed at the August Board of Directors Meeting. Tuesday, Thursday, ( \ / ~arding consideration of extending Beach Street: 7/21/1993 The undersigned residents of Beach Street wish to impress upon the City of Prior Lake Planning Department and City Council, that we are .ill)ainst Beach Street becoming a through street. We do not desire, nor were we under the belief, that Beach Street would be extended through Meadowlawn. We understand the Andren property has been assessed for road frontage and should be able to access their property via Beach Street. We are in favor of the Andren's using or modifying the cui du sac for platting their property. Sf-- ~ ~ 33 ~ I .E, Ljr'f ~ o.-J!C{9 ('5 01 R- ~(S r To: Cit.y of Prior Lake Planning Department From: Thomas and Judith Haugh 4973 Beach Street Re: Extension of Beach Street I t is our understanding that the Andren family wishes to subdivide its property and build a home on one of its own lots at the end of Beach Street. They have already been assessed for sewer and water on their property and a short extension of the cuI de sac or a long dri vew ay to their new home would easily solve t.he problem of access. There is no need for the addition of an extension to Beach Stree~ in fact even considering such an extension of the street is preposterous primarily because there is no need and secondarily because the land across 1./Ieadowlawn is too low to consider building a road. During the lengthy sewer and volater negotiations, Larry .And(\fSOn, the city engineer assured the residents of this street that Beach would never beCOlne a thoroughfare. Now we are faced willi conflicting and inconsistent a~tions on the part of the city regarding the preservation of our existing road. Chatonka Beach has always been a unique area in Prior Lake and there is no reason to destroy whatrelnains of its character; a through street would do just that. -10 ty\ ~ jV\d~+t{(U ~f, . '1/2-2/ (r;;) 1/z/15 \(D6 k~~ - t: (3f-D5 !l1t!~ CD1C~~~ ~~ ~~ ~~ r~ ~ ~o . _ . })-e I rC"'t I JL.l- ~ ~... 1/'-5-......~ ~~ Y6~ be ~ Jv ~ 6;P-- ft<ftUl, I(v-.J~. k"" b4.J-/zkf) ~ r/iN. ~. ~ "'T~ s." 5~ hi~ Q. b ~c)-; @ OWWA0 bf l ~I--<, L:t- '1_ ko. ~ l ~ ~ ~> ~l+~~ ~.(~~S(~~ o R.es.. ~~ ~ \--. QQ' ~J'~~L 'f~h",^,~ riCLY- ~-I ~~I~ ~~It ~L.L-bJ1JJ~ ~'- l)~\ ~ ~, s~ 1.0./",- ~. t~t ~ &o-Ifd~" 5kPs sWJ ~. wiK u--l~ 10 Is ?b~ K -ej (Ai v-U CUf~ -h:, ?V'I~l~ - V^ iMAh ~) h /0 Jr ~ ~ a.- fr>. ~ (tM.k1J Ter f\\."- +0 ~5 rtJ!:k:'61uf) ~0 ot: rc;; . ~ Z-D,l.OVyU- r~ . 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