HomeMy WebLinkAbout03/17/09
MINUTES OF THE LAKES ADVISORY COMMITTEE
March 17, 2009
The Lake Advisory Committee (LAC) Meeting was called to order at 4:30 P.M.
Members present: Harry Alcorn (Chair), Donna Mankowski (Vice Chair), Dan
O’Keefe, Char Jasan, Tom Voll.
Others present: Ross Bintner (Water Resources Engineer) Steve Millar (City
Council – LAC liaison), Stacy Sass (Watershed District Technician), Bret Krick
(Sheriff Deputy), Jane Kansier (Building and Transportation Services Director).
I. CALL TO ORDER
II. APPROVAL OF MINUTES (Jasan, Voll 4:0)
III. OLD BUSINESS
A. Surface Water Regulation PUBLIC HEARING:
Kansier introduced the topic, summarized the ordinance and changes.
Kansier introduced Deputy Krick. Krick explained the ordinance revisions
and how no wake zones are interpreted. Because the DNR had not
approved the no wake zones, Krick can only enforce the 150’ from shore
no wake provision. Zones are called out specifically in the proposed
ordinance and towable toys are not allowed in the zones. Krick explained
that this change addresses an issue of safety of towables with
passengers in navigational channels.
Alcorn asked to confirm that there are 6 no wake zones called out. Krick
and Kansier said the zones are listed in the ordinance. Marchssault
asked for clarification on the DNR process. Kansier explained that the
DNR will have to approve our ordinance before it goes into effect, should
the City Council approve. Alcorn asked about the misdemeanor penalty,
Kansier explained it is now generalized so it does not have to be
continually updated, but is in essence no change. Mankowski asked if
the speed limit was changing. Kansier said that is was not.
Millar asked how any ordinance changes would be communicated, and
asked the sheriff about the possibility of people uninformed about the
ordinance getting ticketed. Krick agreed that publishing and posting of
the ordinance is appropriate. Krick added that he tries to be fair and firm
when enforcing provisions of ordinance. All incidents are judged case by
case. Millar suggested specific signage near the channels themselves.
Jasan suggested that signage at local lake related businesses might work
too. Alcorn
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Call to open public hearing (Marchessault, O’Keefe (6:0) No one came
forward to speak. Call to close public hearing (Marchessault, O’Keefe
(6:0)
LAC continued discussion speed limits when ordinance is in effect:
Alcorn asked the next steps. Kansier explained that after LAC action, the
item is forwarded on to the City Council and DNR. Voll asked if there is
anything in law that can be charged with inattentive boaters? Krick said
that it does not work like motor vehicles, and the zones need to be clear.
Alcorn asked about limiting towables to busy times like the speed limit is.
Krick said that decision is up to the LAC and CC, Krick added that the risk
is during high traffic times. Jasan argued that on nice weekdays in the
summer, there is a lot of traffic. Mankowski agreed, that no towables in
channels and speed limits should apply all the time, saying the weekend
does not always delineate the busy times. O’Keefe weighed in on the
weekday/weekend limits, saying the majority of traffic is on Friday nights
and weekends and would prefer to stay with the split standard.
Discussion of towables safety: Mankowski asked how far towables would
be allowed to be off the boat? Krick said he would expect all passengers
to be in the boat when going through slow-no-wake areas and the
towable secured to the boat. Alcorn asked about personal watercraft
(PW) and how, if they are towing they can secure a towable to the PW.
Krick stated that perhaps a length limit is set. Alcorn agreed. Kansier
clarified that language be added stated that passengers must be off the
towable and less than 20 feet of rope be out. Jasan agreed that the
standard should be written to apply to all situations, even PW towing.
Kansier suggested she and Krick work together and bring something
back. Alcorn did not agree with putting the towable in the vessel, saying it
was not practical. Krick suggested that a distance not be included,
instead requiring the towable to be tied to the craft. Various members of
the committee rejected the idea, saying that did not seem safe.
Consensus of the group was to required no slack in the rope, and be
under control. LAC had general agreement that some confusion exists in
the details.
LAC asked staff to revise ordinance to address concerns of the LAC and
bring the item back to LAC for consideration.
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B. March 11 2030 Vision Recap: Bintner explained that the 2030 visioning
recap meeting was held recently. Three LAC members attended.
Approximately 120 citizens attended, providing their input on how they
saw the City in 20 years. Bintner explained he was at the Natural
Resources table, where a broad ranging discussion took place.
Previously only surfacewater, groundwater, and parks were covered.
Participants added to the natural resources vision element talking about
energy efficiency and renewable power generation, and connecting
people and nature. Marchssault said he attended as well and there was a
lot of talk of partnerships, trying to maximize what the City can do. Some
activities might have to be delayed due to economics, but the keeping
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expectation high is important. Alcorn added the 2030 strategic vision is
an invaluable process in guiding future plans and the City should continue
it.
IV. OTHER BUSINESS
V. STAFF UPDATE
A. Scott WMO Grant Application: Bintner explained a recent grant
application was considered and approved by the Scott WMO. Details of
the innovative practice were covered. Benefits were described as flood
protection, surface water quality, and groundwater protection. Two
innovative practices were described. An education component of the
grant was described. Elementary students will learn about science,
engineering and systems design focused around the practice.
B. Recent Shoreland Contractor DNR/WD/City Education: Bintner explained
that there was recent training of landscaping contractors, and the list of
attendees was tied into the educational brochure that is going to the Prior
Lake association. Bintner presented a portion of the training slide show
done by Gregg Thompson from the association of soil and water
conservation district.
VI. NEW BUSINESS
A. Markley Lake and Downtown Drainage Study Preliminary Results. LAC
tabled this item until next meeting.
VII. ADJOURNMENT
ADJOURNMENT
THE MEETING WAS ADJOURNED AT 6:35 P.M.
Respectfully submitted,
Ross Bintner
Water Resources Engineer
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1 of 1 4/13/2009 2:20 PM
A long pier is left high and dry, canoes too, short of the water on the west end of White Bear Lake, a
part of the lake particularily suffering from the lake's lowering water level--on Ednesday morning
April 8, 2009. (PIONEER PRESS: JOHN DOMAN)
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Public Ways & Property
SECTION 703
PUBLIC WATERS
SUBSECTIONS:
703.100: CHAPTER
703.200: PURPOSE, INTENT AND APPLICATION
703.300: DEFINITIONS
703.400: SPEED LIMITATIONS
703.500: ADDITIONAL RESTRICTIONS
703.600: EXEMPTIONS
703.700: NOTIFICATION
703.800: ENFORCEMENT
703.900: PENALTIES
703.100: TITLE: This Section shall be known and cited as the PUBLIC WATERS Code.
703.200: PURPOSE, INTENT AND APPLICATION: As authorized by Minnesota Statutes
86B.201, 86B.205, and 459.20, AND Minnesota Rules 6110.3000 - 6110.3800 as now
in effect and as hereafter amended, this Section is enacted for the purpose and with the
intent to control and regulate the use of the waters of Upper and Lower Prior Lake in the
City of Prior Lake, Minnesota, said body of water being entirely located within the
boundaries of the City of Prior Lake, to promote is fullest use and enjoyment by the
public in general and the citizens of the City of Prior Lake in particular, to ensure safety
for persons and property in connection with the use of said waters; to harmonize and
integrate the varying uses of said waters; and to promote the general health, safety and
welfare of the citizens of Minnesota.
703.300: DEFINITIONS: For the purposes of this Section, terms to be used in this ordinance
related to boating are defined in M,S. § 866.005. Terms not defined by said statute
shall have the following 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.
Personal Watercraft. A watercraft less than 14 feet in lenqth which uses a matar
i~owerinq a water iet pump, as its primarv saurce af motive power and which is
desic~ned to be operated by a person sittinq, standinq or kneeiinq on, rather than the
canventional manner of sittin or standin inside the watercraft.
Prior Lake: The body of water given that name and assigned the lake numbers 70-2 and
70-72 by the Department of Natural Resources.
Shore: The line separating land and water which shifts as lake levels increase and
decrease.
City of Prior Lake
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Public Ways & Property
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 or such lesser
speed so as not to cause a wake.
Towable: Any water toy that is pulled or towed by a watercraft including, but not
limited to, inflated devices, kneeboards, wake boards, and water skis.
Watercrafl: 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.
703.400: SPEED LIMITATIONS:
703.401 Daytime Speed Limit: During the hours of sunrise to one hour after sunset, no person
shall operate a watercraft at greater than forty (40) miles per hour.
703.402 Nighttime Speed Limit: During the hours from one hour after sunset to sunrise the next
day, no person shall operate a watercraft at greater than finrenty (20) miles per hour.
703.403 General Speed Limits: No person shall operate a watercraft at any time at greater than
slow no-wake speed within one hundred fifty (150) feet from shore.
703.404 Hi~h Water Slow No-Wake: No person shall operate a watercraft at greater than Slow-
no wake speed 24 hours per day when the lake level on Prior Lake exceeds 904.0 feet as
measured at the gauge located on the Northwest support on the County Road 21/Eagle
Creek Avenue Bridge. When the water level reaches 904.0 feet above mean sea level,
the City Manager or designee shall arrange to have notice of the no-wake restriction
televised on the City's cable channel. The slow no-wake restriction shall become effective
as of the first televised notification. All public water accesses shall be posted prior to and
during the time said restrictions are in place. In addition, notice of said restrictions shall
be posted at Prior Lake City Hall.
When high water levels have subsided and have remained below an elevation of 904.0
feet above mean sea level for three (3) consecutive days, said restrictions shall be
promptly removed.
703.405 Marked Slow No-Wake Zones: No person shall, at any time, operate a watercraft at
greater than slow no-wake speed in any marked no-wake zone. The City of Prior Lake,
County of Scott shall erect or cause to be erected buoys marking navigable channels
and/or no-wake zones. These channels and zones are intended to maintain a safe lake
environment and protect the lives and property of all lake users and shore land owners.
Said channels/zones shall be posted at the following locations:
- The channel located directly North and South of the County Road 21/Eagle Creek
Avenue Bridge starting and ending at the navigational red and green channel
markers placed at both ends.
- The navigational channel marked by red and green navigational channel markers
and no-wake buoys to the east of Reed's Island.
City of Prior Lake
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Public Ways & Property
- The navigation channel marked by slow no-wake buoys at both ends north and
south of the Lords Street Bridge.
- The navigational channel marked by slow no-wake buoys entering and exiting
from Boudin's Bay, including the entire surface area of Boudin's Bay.
- The entire surFace area of Candy Cove, starting and ending at the no-wake buoy
placed approximately one hundred fifty (150) feet west of the entrance point to
Candy Cove.
- The channel located at the entrance/exit point to Mud Bay, marked by slow no-
wake buoys at either end of the navigable channel at said entrance/exit point.
7~}3.50Q Towin~ Restrictions
703.501 Distanc~. No watercraft towinq a persan on an~awablc shail be operated at any time
within one hundred fi~tv (150) feet of shore, provided. howeuer, that any watercraft
launching ~r landing a person on said towable bv the most direct and safe route ta open
water or share shall be exem t from this rovision.
703.502 Towinq in Char~nels.
- It shall be unlawful far anv person to at~erate a watercraft while towinq anv water
to throu h an of the zanes id~ntified in Section 703.405.
- An erson usin a ersanal watercraft to tow a water to in an of the zones
identifred in Section 703.405 musfi keep the water tov secured fia the vessel with
no siack in the ra e.
703.600: ADDITIONAL RESTRICTIONS: No person shall use an inflatable water toy, air mattress
or innertube more than one hundred fifty feet (150') from shore, unless accompanied by a
watercraft. No person shall swim more than one hundred fifty feet (150') from shore,
unless accompanied by a watercraft.
703.700: 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 703.500 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.
703.800: NOTIFICATION: The City shall notify the public of this Section, which shall include but
not be limited to placing a sign at each public watercraft launching facility outlining the
essential elements of this Section, as well as placing other necessary buoys and signs.
703.900: ENFORCEMENT: The enforcement of this Section shall be the primary responsibility of
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Public Ways & Property
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 violating the terms of this Section shall, upon conviction
thereof, be found guilty of a misdemeanor and shall be punished in accordance with the
penalties established by Minnesota Statutes.
(This Space Intentionally Blank
For Future Amendments)
City of Prior Lake
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