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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MEETING DATE: MAY 21, 2007
AGENDA #: 10 D
PREPARED BY: ROSS BINTNER, WATER RESOURCES ENGINEER
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 901,
PUBLIC WATERS, OF THE CITY CODE OF ORDINANCES
DISCUSSION: 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.
History
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 Parkins 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
www. cityofpriorlake . com
- -Phone 952.447.9$60 ~''I=ax 952.447:4245
March 31 g- 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:
ALTERNATIVES:
RECOMMENDED
MOTION:
Reviewed by:
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.
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;
Frank Boyle , C' y anager Steve Albrecht, Public Works Director/City Eng.
~~ PRIp1P
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Prior Lake. MN 55372
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CITY OF PRIOR LAKE
ORDINANCE NO. 107-09
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 Parking 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:
r
City an r
Maydr-
Published in the Prior Lake American on the 26th day of May, 2007.
www.cityofpriorlake.com
Phone 952.447.4230 /Fax 952.447.4245
CITY COUNCIL AGENDA REPORT
MEETING DATE: MAY 7, 2007
AGENDA #: 7B
PREPARED BY: ROSS BINTNER, WATER RESOURCES ENGINEER
AGENDA ITEM: LAKE CLEAN UP DAY PROCLAMATION -JUNE 9, 2007
DISCUSSION: Introduction
The Prior Lake Lake Advisory Committee recommends that the City Council
lend its support to the efforts of the Prior Lake Association in cleaning up Prior
Lake by proclaiming June 9, 2007, Lake Cleanup Day.
History
The Prior Lake Lake Advisory Committee (LAC) has been in contact with
citizens interested in organizing a Scuba dive event on Prior Lake. At its
November 15, 2005, meeting, the LAC was introduced to the possibility by
Steve Berg, a citizen of Prior Lake, who had participated in a similar scuba
lake cleanup on Lake Minnetonka.
The Prior Lake Association held its first event on June 10, 2006, called "Dive
the Lake, Lake Cleanup Day in Prior Lake." The event was a coordinated
effort of private business, lake residents, and scuba divers. The effort
accomplished it's goals to remove trash from the lake bed and draw publicity to
the problem of litter accumulating in Prior Lake. This event was run through
efforts of members of the Prior Lake Association and volunteers, with support
of Captain Jack's and Evergreen, a local garbage hauler. The scuba event
was staged out of Captain Jack's where dive teams loaded equipment and
disperse to various points on the lake. Prizes were awarded for unusual items,
most valuable, and most trash collected.
Current Circumstances
The Prior Lake Association will be holding a second annual event on June 9,
2007 and have again asked for City support. This agenda items proposes to
again proclaim a "Lake Cleanup Day in Prior Lake." This event will be timed to
coincide with the Prior Lake Associations 2"d Annual "Dive the Lake" event.
As part of "Lake Cleanup Day in Prior Lake," residents will be asked to support
the effort by removing debris from their shorelines, helping to clean up public
shoreline, or pick up litter in drainage ways that flow to our lakes. Educational
information about litter cleanup in the watershed will be included in the
announcement.
Issues
This is the second year of this program and as such, the focus will be on Prior
Lake. It is our goal in future years to expand the effort to other lakes as well.
Conclusion
The role of the City in proclaiming June 9, 2007, "Lake Cleanup Day in Prior
Lake" would be to further draw publicity to the events taking place on that day.
This effort will reinforce the fact that the lakes within the City are valuable
resources that need public cooperation to keep clean.
ISSUES: None.
FINANCIAL Minimal staff time is required to place promotional articles on the City website
IMPACT: and local access television.
ALTERNATIVES: 1. Read the proclamation.
RECOMMENDED Alternative #1
MOTION:
Reviewed by:
Frank Boyles, City Manager Steve Albrecht, Public Works Director/City Engineer
RESOLUTION 07-xx
A RESOLUTION TO PROCLAIM JUNE 9, 2007, LAKE CLEAN-UP DAY
Motion By: Second By:
WHEREAS, The Prior Lake Association has planned a second annual scuba dive clean up event to
be held on June 9, 2007; and
WHEREAS, The Prior Lake Lake Advisory Committee has recommended support by proclamation;
and
WHEREAS, The Lakes in our community accumulate trash; and
WHEREAS, Additional publicity will be gained through a proclamation and wavelength articles; and.
WHEREAS, The City of Prior Lake values its clean lakes.
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. The City of Prior Lake Proclaims June 9, 2007, "Lake Cleanup Day" and encourages residents to
remove debris in the lake and along the shoreland.
PASSED AND ADOPTED THIS 1ST DAY OF MAY 2006.
YFS N(7
Hau en Hau en
Erickson Erickson
Hedber Hedber
LeMair LeMair
Millar Millar
Frank Boyles, City Manager
Ross Bintner
From: Ken Hedberg
Sent: Tuesday, May 22, 2007 12:51 PM
To: Ross Bintner; 'Harry Alcorn'; 'dano@netlake.com'; 'Mankowski, Donna ; 'jimm@bsp-
mail.com'; 'cjasan@bossardt.com'
Cc: 'Krick, Bret ;Larry Poppler; Michael T. Peterson; 'Mike Kinney'
Subject: RE: June LAC
J,
If you own
akefront property....
One of our assignments out of the May LAC meeting was to review the
guidelines that Ross distributed, redlining them with suggested changes. Attached
is my shot at. this. The first four paragraphs would replace the first paragraph of
the DNR guidelines. You'll see that my draft assumes a couple of things from the
City Attorney's research. I'm not second-guessing her report due to the Council on
June 4th; nevertheless, here's a preview of what she told me:
1. The City does have the authority to regulate dock placement and other such
shoreline things.
2. The DNR. guidelines are indeed misleading and dead wrong in many circumstances.
3. An ordinance obligates the City to conduct active code enforcement, with all
the associated costs and complications. Further, the real issue is between property
owners to settle.
4. Therefore, she recommends formalizing our approach a bit, but short of an
ordinance. She suggests a policy, to better describe landowners' rights and the
rules and limitations they need to respect. Also, she suggests that the City join a
municipal arbitration service. Then, we can offer this service to landowners in
dispute, providing a more streamlined and less costly means of resolving their
disputes before resorting to lawsuits, without putting the City in the middle of the
disputes.
All this and more will likely show up in her report on June 4th. Meanwhile, the
draft I wrote captures my understanding of these matters, subject to modification,
clarification, and others' input.
- Ken
-----Original Message-----
From: Ross Bintner
Sent: Mon 5/21/2007 1:56 PM
To: 'Harry Alcorn'; 'dano@netlake.com'; 'Mankowski, Donna'; 'jimmc~bsp-mail.com';
'cjasan~bossardt.com'
Cc: 'Krick, Bret'; Larry Poppler; Michael T. Peterson; Ken Hedberg; 'Mike Kinney'
Subject: June LAC
Attached you will find May meeting minutes and the current guidelines that the City
recommends. You will also find a link to the two Conservation District Ordinances,
below. An agenda for the June LAC will be sent out following the June 4 City
Council Meeting.
June LAC Meeting scheduled for:
June 19, 2007
1
"; If you own lakefront property, under most circumstances you have a clear right to access the
water, including placing docks and watercraft lifts in the water to provide that access. These are
referred to as riparian rights, using a legal term for shoreline. If you are unsure whether your
property is a riparian property, consult a qualified real estate attorney familiar with Lakeshore
r situations. If you live on the lake but your property is technically non-riparian, in certain cases
"`~ you may be able to implement straightforward procedures with your neighbors to amend your
property description to make it riparian. Your attorney can assist you in such procedures, if
;~ available to you. Your right to access can only be taken away for important public reasons, such
as safety, navigability, etc. Your neighbor may not remove your access to the water by way of
the placement of their docks and lifts.
Docks and watercraft lifts are commonly used structures on Minnesota lakes and rivers.
Temporary structures to provide access to a lake or river are preferred to permanent structures,
due to risk of ice damage, and the greater risk to recreational users posed by snow-covered
structures over the ice.
Where can I place my dock?
-; The rule of straight line extension of property lines into the water will give you good guidance in
some situations, especially where the shoreline is relatively straight and the lots are platted with
- regular boundaries. However, this method fails to balance the lake access rights of all owners in
situations of sharp shoreline curves, inlets, coves, bays, channels, or in situations of unusual
_R property plats. On Prior Lake, these unusual situations are very prevalent due to the shape of the
. lake and the nature of the original platting of much Lakeshore property in the late-19"' and early-
L~ 20"' centuries. In these situations, the rule of extending the property lines `to the center of the
~' lake' or bay will give you better guidance. This is sometimes referred to as the perpendicular
extension rule, in which you estimate an extension of your boundary into the water perpendicular
to the shore from the point where your lot line reaches the shore.
In all cases, these rules only offer guidance. The absolute rule is that all shore owners have a right
to access the water including placing docks and watercraft lifts to gain that access, and adjacent
owners need to respect their neighbors' right to access when establishing their own access to the
water. This policy establishes limits and rules for size, set-backs, and use of these structures that
will keep you in compliance with City regulations and DNR guidelines, and assist you in
respecting your neighbors' rights. Through this policy, the City also makes available mediation
and arbitration services in the case of disputes that cannot be easily resolved, before resorting to
civil court action. Mediation and arbitration is typically quicker and lower cost than a lawsuit.
The blue box. to the left lists installation guidelines for docks and access structures
like boat lifts. These guidelines are intended to minimize impacts on water
resources and shoreline habitat. If you follow these guidelines, no permit is
needed from the Department of Natural Resources (DNR). Local units of
government may have additional dock rules related to public safety and other
local issues and should be contacted.
A shoreline owner may request a permit to install a dock wider than 8 feet. The
permit applicant must show a specific need and show that the wider dock
represents the minimal impact solution to that need. Docks serving singlefamily
homes or residential planned unit developments generally will not need a
dock wider than 8 feet. Public docks and mooring structures that are otherwise
U,'1'~R
Waters
Do I need a permit for my dock?*
No permit is needed to install, construct, or
reconstruct your dock on property you own if
you comply with the following:
• A dock is a narrow platform or structure
extending toward the water from the
shoreline. A dock may provide access to
moored watercraft or deeper water for
swimming, fishing, and other recreation.
• The structure, other than a watercraft lift
or watercraft canopy, is not more than S
feet wide and is not combined with other
similar structures so as to create a larger
structure.
• The dock is no longer than needed to
achieve its intended use, including
reaching navigable water depth.
The structure is not a hazard to naviga-
tion, health, or safety.
• The structure will allow the free flow of
water beneath it.
• The structure is not used or intended as a
marina.
• The structure is consistent with the
guidelines of the local unit of govern-
ment.
• Docks placed on rock-filled cribs are
located only on waters where the bed is
predominantly bedrock.
Restrictions on docks and
other structures*
You may not place a dock or other structure
in public waters if the structure:
• obstructs navigation or creates a hazard;
• is detrimental to fish or wildlife habitat
or is placed in a posted fish spawning
area;
• is intended to be used for human
habitation;
• includes walls, a roof, or sewage
facilities; or
• is located on property you do not own or
have rights to use.
T°-you have questions concerning the contents
.tis brochure, contact your DNR Area
Hydrologist. See contact information on
reverse side.
What you should know about docks and
other water access structures
Docks and watercraft
lifts are commonly used
access structures on
Minnesota lakes and
rivers. If you own
waterfront property, a
temporary structure that
provides access to a lake
or river is preferred to a
permanent structure.
Permanent structures are
more likely to sustain ice
damage, and asnow-covered structure over the ice poses a hazard to recreation-
al vehicle users.
The blue box to the left lists installation guidelines for docks and access struc-
tures like boat lifts. These guidelines are intended to minimize impacts on water
resources and shoreline habitat. If you follow these guidelines, no permit is
needed from the Department of Natural Resources (DNR). Local units of
government may have additional dock rules related to public safety and other
local issues and should be contacted.
A shoreline owner may request a permit to install a dock wider than 8 feet. The
permit applicant must show a specific need and show that the wider dock
represents the minimal impact solution to that need. Docks serving single-
family homes or residential planned unit developments generally will not need a
dock wider than 8 feet. Public docks and mooring structures that are otherwise
not serving as a marina may need to be a wider structure and will be reviewed
individually. Docks that have no permit and that exceed the 8-foot-wide limit
are subject to enforcement action, including a citation, an order to remove the
dock, and fines for both the landowner and the dock installer.
*Based on Minnesota Rules, Chapter 6115. This dock is wider than 8 feet, so it needs a DNR permit. Refer to the blue box
at left for other guidelines relating to dock permitting.
5-2007 Page I of 2
Design and locate your dock and boat lift to avoid interfering with your neigh-
bor's use of the water. Docks and boat lifts should be placed so that mooring
and maneuvering of watercraft can normally be confined within the property
lines if they were extended into the water.
Purpose of the dock rules
Intensive shoreland development causes deterioration of a lake's ecosystem. Dock installations and their associated uses
are factors in this deterioration. Studies of lakes in the Midwest show that docks and boatlifts may shade out important
aquatic plants and eliminate critical habitat where fish spawn, feed, grow, and find shelter from predators. Shoreline
views may also suffer when large dock systems are installed. Also, there is a growing concern about the private use of the
water surface if docks and associated structures extend too far, cover too much surface area, or span the entire owned
frontage. The proliferation of dock configurations and dimensions is a topic of concern to the DNR, lake associations,
anglers, lakehome owners, and others. Finding the appropriate balance between reasonable access and resource protection
requires collaboration by all of those interests and other citizens.
Another issue of concern is any attempt to control access to a lake bed or water surface. Even when land ownership
extends into the lake bed, all who
own land abutting the water or gain
legal access have the right to use the
entire surface of the water. For this
reason, a dock configuration should
never close off part of the lake to
other users.
If the dock is designed and used for
access to navigable water depth, a
DNR permit will rarely be needed. A
The removal or destruction of aquatic
dock does not need a permit if it is
If your lake access is on a shallow area plants is a regulated activity under the
no more than 8 feet wide, is de- Aquatic Plant Management Program.
where emergent vegetation is common, signed to simply meet the need of Any destruction of emergent aquatic
a boardwalk, floating walkway, or dock reaching navigable depths, and vegetation is prohibited unless
across the vegetation may be needed follows the other guidelines on the authorized by an aquatic plant
to reach open water. front of this brochure. management permit from the DNR.
DNR Contact Information DNR Information Center
DNR Waters website lists Area Hydrologists: Twin Cities: (651) 296-6157
www.dnr.state.mn.us/waters Minnesota toll free: 1-888-646-6367
Telecommunication device for the deaf (TDD): (651) 296-5484
DNR Waters in St. Paul: TDD toll free: 1-800-657-3929
500 Lafayette Road, Box 32
St. Paul
MN 55155 This information is available in an alternative format on request.
~
,
yq~ (651) 259-5700 Equal opportunity to participate in and benefit from programs of the Minnesota Depart-
ment of Natural Resources is available regardless of race, color, national origin, sex,
sexual orientation, marital status, status with regard to public assistance, age, or disabil-
ity. Discrimination inquiries should be sent to Minnesota DNR, 500 Lafayette Road, St.
Paul, MN 55155-4049; or the Equal Opportunity Office, Department of the Interior,
Washington, DC 20240.
5-2007 Page 2 of 2
These two docks do not require a
permit because neither is more than 8 The configurations above require a permit from the DNR because they are
feet wide. wider than 8 feet.
2007 DOCK INQUIRIES
DATE NAME UESTION RESULT
3/14 Paul Lind uist Dock re ulations Sent info
3/26 Sandy (Realtor) Buying empty lot on Lord Gave DNR info.
Street to rent out dock space.
Was told by another realtor it
was legal - no restrictions on
rentin sli s.
4/3 Bonnie Oberitz Dock lacement information Sent info.
4/11 Unknown Neighbor renting dock spaces. Faxed info.
Did not want to official report
at this time.
4/30 Shelly Bush Island View Association Sent info.
would like to move docks
5/14/07 Lori Bellen Has boat slip on PL -wanted Gave her DNR
boatin info. website for info
5/16/07 Stacey Stulberg Dock floats and renting slips Faxed info
to friends.
5/07 Confidential Multiple docks -placement - DNR/Sheriff
bullin nei hors
5/17/07 Confidential Dock extension obstruction DNR/Sheriff
navi ation (Oakland beach)
5/23/07 Unknown Neighbors renting docks -
does not want to formally
report at this time. Candy
Cove area.
6/1/07 Walk-in Young man just bought lake Info.
property and wants to rent
docks space -wanted
re lations.
6/5/07 Confidential Neighbor using 2 docks - Will get back with
wants one removed er code. solution
6/7/07 Unknown Complaint on neighbor renting Pixie Point address
5 dock slips for $2,000 each.
Should not be running
business in neighborhood.
Parkin and noise com Taints.
6/7/07 Confidential Complaint on 14958 Pixie Will return call
Point -renting dock slips. with solution.
Visitors tie up dogs and leave
- dogs bark all day and night.
Trash. Owner believes she is
within the law.
2006 DOCK INQUIRIES
DATE NAME QUESTION RESULT
4/10 Nancy Melink Asked for dock regulations Sent handout.
5172 Hope Street SE
Prior Lake, MN 55372
4/13 Lauren Huntington Unhappy with lack of Unhappy will call
3004 South Shore Drive regulations. Neighbor has 3 foot the mayor.
Prior Lake, MN 55372 access for dock. Comp. does not
like the potential dock in her
"area".
4/18 Graham Boylem Someone put a dock at the end Staff verified dock
Dakota Street of West Ave (on City property) was on public street
and is verbally hassling people and told resident to
who want to fish. remove dock.
4/25 Jim and Bernie Schwab Neighbor put dock/lift/boating Contacted PL
4342 Bass Street equipment on private property Police -police felt
and is arguing that is public it was civil. Told to
water. work out problems
between nei hbors.
4/27 Bernie Schwab Ongoing problems with
trespassing neighbors -police
did not care & won't enforce.
4/28 Jim Finstad Questioned dock location and Told him DNR will
Unknown Address will angle dock into neighbor's enforce.
navigatable waters. Doesn't care
if is no enforcement by Cit .
5/8 Mitch Husnick Questioned if he could put a Told him to contact
dock in Green Heights private association. It was
easement. (42 lots) open to all in
subdivision.
5/9 Patricia/Scott County Questioned City's policies for Faxed information.
Natural Resources setbacks and re ulations
5/16 Sherri Borth Setbacks and regulations Brought issues to
Lakeside Avenue LAC.
5/17 Would like to remain Neighbor selling dock slips. Will forward on to
anonymous Parking problems.(Island View code enforcement.
area)
5/31 Female Neighbor wants to sell dock Called DNR on that
spaces. Does not think it is issue - up to City to
legal. (Grainwood.) enforce.
6/6 Male Neighbor has 2 docks with 6
watercrafts -does not own.
6/7 Jeff Smith Wants to know if you can legally Referred to Mike
rent your private dock space to Peterson for
others-(classified as commercial enforcement -based
C:\Documents and Settings\rbintner\Local Settings\Temporary Internet Files\OLK61\2006 DOCK INQUIRIES.doc
marina and needs a DNR on Smith
permit).(Boudin Association) complaint.
Stated neighbor is renting space
ille ally.
6/28 Crystal Hennen Neighbor took over lakeshore Faxed regulations.
and lake view. Rude to
neighbors and will do whatever
he wants because lack of
enforcement. Stressful to
neighborhood.
7/? Randy Langhorst Neighbor (Huntington) blocked Told him to call
his navi able area for docking DNR
7/19 Randy Langhorst Neighborhood dispute Gave him info on
dockage & told him
to call police on the
walkway dispute.
7/24 Huntington Talked to Jane on regulations Told cannot block
waterwa .
7/27 Randy Langhorst Neighbor sent certified letter Call DNR.
stating he could not put out
dock.
8/10 Anonymous Neighbor on Fairlawn Shores is Call police and/or
renting dock space -problem Sheriff Water
with parking and noise. Angry Patrol
no dock re ulations.
8/11 Dino :Howard Questioning dock re ulations Faxed info
C:\Documents and Settings\rbintner\Local Settings\Temporary Internet Files\OLK61\2006 DOCK INQUIRIES.doc