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HomeMy WebLinkAbout100921 LAC MinutesMinnesota Department of Natural Resources 500 Lafayette Road • St. Paul, MN 55155-40 July 22, 2010 Larry Poplar, Assistant City Engineer City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 Dear Mr. Poplar: Department of Natural Resources staff has now completed its review of the surface use amendment materials received from your office on June 24"'. You had requested formal review and approval of amendments to the Prior Lake water surface use ordinance (# 110-01, amending Section 703). I have listed the sections from that request and Department staff comments below: 703.200 - re-wording of purpose, intent and application - No Comment 703.300 -DEFINITIONS 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. Comment.• The DNR area hydrologist recommended That the following also be included in this definition: "The Ordinary High Water (OHV1~ of 903.9 mean sea level has been established bylaw." Prior Lake: The body of water given that name and assigned the lake numbers 72-2 and 70-72 by the Department of Natural Resources Comment: The DNR area hydrologist noted that the lake numbers are not correct. The correct numbers are: Lower - 72-26P and Upper - 72-22P Slow-No Wake: The ordinance uses the definition from state law (868.005), but adds the additional language: "or such lesser speed so as to not cause a wake." Comment: The statutory definition in MS § 868.005 regarding "slow-no wake" has been upheld by the US Court of Appeals, and this addition to the definition is not needed. We also checked with both the county water patrol deputy and our local conservation officer who also felt this additional wording was unnecessary. Minnesota DEPAATMEM OF NATUAALAESOURCES www.dnrstate.mn.us AN EQUAL OPPORTUNITY EMPLOYER ~~~ PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10°lo P05T-CONSUMER WASTE 703.401 -removes 150' slow-no wake shore zone from this section for all watercraft -added it back in 703.402. Language restricting water skiing /tubing remains prohibited in the 150' shore zone and still allows launching or landing of water skiers /tubers etc. by the most direct route to and from shore. No Comment 703.402 -adds the 150' slow-no wake shore zone for all watercraft is placed in its own section. No Comment 703.406 -adds some specific information on the defined slow-no wake zones and gives specifications as to where they are on the lake. No Comment After staff review, this amendment appears to be a measured and reasonable action, and~therefore I am approving the ordinance amendments, as required by MS § 866.205, Subd.4 and Minnesota Rule 6110.3800, Subp.2, provided that the following actions to address the staff comments in section 703.300 (Definitions) are incorporated into the final revised ordinance: • High Water- incorporate the additional ordinary high water level language as noted • Prior Lake -correct the lake numbers as noted • Slow-no wake -bring definition in line with state (aw (866.005), by deleting the additional language as noted in the comments Hopefully these amendments will make boating safer & more enjoyable on Prior Lake. Please send a copy of the revised ordinance to Kim Elverum, our boat and water safety coordinator. You may a-mail the revision if you like (kim.elverum anstate.mn.us). Also, please contact Kim at 651-259-5343 if you have questions on this approval, or on surface use zoning in general. Sin y, --~'y~ Col. mes Konrad Director of Enforcement C: DNR Acting Regional Enf. Supervisor Scott Carlson DNR Conservation Officer Adam Block Scott Co. Sheriff's Office -Sgt. Steve Collins WSUM File ~~ p~O~ ~~ u 4646 Dakota Street SE Prior Lake, MN 55372 `~~nt$so'~A June 22, 2010 Kim Elverum Boat and Water Safety 500 Lafayette Road St. Paul, MN 55155-4046 RE: City of Prior Lake Section 703 Amendment On May 17th, 2010 the Prior Lake City Council adopted an amendment to the Section 703 of the City of Prior Lalce Code, Public Waters. Attached are the supporting documents required by State Statute related to an amendment to Section 703, Public Waters, of the City of Prior Lake City Code. The City of Prior Lake is requesting that the Minnesota Department of Natural Resources review and approve the proposed amendments to Section 703 of the Prior Lake City Code. If you have any questions please contact me at 952-447-9832. Thank you, Larry Poppler Assistant City Engineer City of Prior Lake Phone 952.447.9800 /Fax 952.447.4245 / www.cityofpriorlake.com Public Ways & Property ORDINANCE N0.110-01 AN ORDINANCE AMENDING SECTION 703 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 703 of the Prior Lake City Code is hereby amended as shown below: 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 703.90D: PENALTIES 703.100: TITLE: This Section shall be known and cited as the PUBLIC WATERS Code. 703.200: PURPOSE, INTENT, AND APPLICATION: Consistent with aufhority provided to the City pursuant to Minnesota Statutes 868.201, 866.205, and 459.20, and Minnesota Rules 6110.3000 - 6110.3800, as may be amended from time to time, the purpose of this section is intended to control and regulate the use of the waters of Upper and Lower Prior Lake in the City of Prior Lake, Scott County, Minnesota; to promote to the fullest extent possible the public's use and enjoyment of Upper and Lower Prior Lake; to promote and protect the safety of persons and property in connection with the use of these waters; to harmonize and integrate the varying uses of these waters; and to promote the public health, safety and welfare on Upper and Lower Prior Lake. 703.300: DEFINITIONS: For the purposes of this Section, the definitions set out in Minnesota Statute Section 866.005 are incorporated herein and made part of this Section. 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. City of Prior Lake 703/p1 Public Ways & Property Prlor Lake: The body of wafer 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. 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. Watercraft. 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: WATERCRAFT SPEED LIMITATIONS: 703.401 Towing Restrictions: No watercraft towing a person on water skis, inner tube, aquaplane or similar device shall be operated at any time within one hundred fifty feet (150') of shore; provided, however, that any watercraft launching or landing a person on water skis, inner tube, aquaplane or similar device by the most direct and safe route to open water or shore shall be exempt from this provision. 703.402 General Speed Limit: No person shall operate a watercraft, at any time, greater than aslow no-wake speed within one hundred fifty feet (150') from shore. 703.403 Daytime Speed Limit: No person shall operate a watercraft at greater than forty (40) miles per hour, from sunrise to one hour after sunset, on all weekends and legal holidays occurring from Memorial Day weekend through Labor Day weekend. 703.404 Nighttime Speed Limit: No person shaft operate a watercraft at greater than twenty (20) miles per hour, from one hour after sunset to sunrise the following day, at any time during the year. 703.405 High Water Slow No Wake: No person shall operate a watercraft at greater than a slow no-wake speed on the entire Lake when the water level reaches nine hundred four feet (904.0') sea level, as measured by the City at the Prior Lake/Spring Lake Watershed District gauge. When the water level of Prior Lake reaches 904.0' sea level, the City Manager or designee shall arranged to have notice of the no-wake provision 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 the 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 City of Prior Lake 703/p2 Public Ways & Property nine hundred four feet (904.0') sea level for three (3) consecutive days, said restriction shall be promptly removed. 703.406 Marked Slow No Wake Zones: No person shall, at any time, operate a watercraft at a speed greater than slow no-wake speed in any marked no-wake channel/zone. The City of Prior Lake or County of Scott shall install or cause to be installed 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 owners. These channels/zones shall be posted at the following locations: • The Channel located directly North and South of the County Road 211Eagle Creek Avenue Bridge starting and ending at the navigational red and green channel markers placed at both ends. • The navigational channe! marked by red and green navigational channel markers and no-wake buoys to the East of Reed's Island. • The navigational 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 Boudins 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 (Crystal) Bay, marked by slow no-wake buoys at either end of the navigable channel at said entrance/exit point. 703.500: ADDITIONAL RESTRICTIONS: No person shall use an inflatable water toy, air mattress or inner tube 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. 703.600: 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 703.401 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. 703.700: 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 wel! as placing other necessary buoys and signs. City of Prior Lake 703/p3 Public Ways & Property 703.800: ENFORCEMENT: The enforcement of this Section shall be the primary responsibility of the Scott County Sheriffs 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. 703.900: PENALTIES: Any person who violates any provisions of this Section shall be guilty of a misdemeanor, and upon conviction thereof, sha11 be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment of not more than ninety (90) days, or both. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 17'h day of May 2010. ATTEST: ~~~~~~ ~. City a g r Mayor Published in the Prior Lake American on the 22"d day of May 2010. City of Prior Lake 703/p4 ORDINANCE NO. 110.01 .N ORDINANCE AMENDING SECTION 703 OF THE PRIOR LAKE CITY CODE The City Council of the City of PricrLake does hereby ordain that: Section 703 of the Prior Lake City Code is hereby amended as shown below: SECTION 703 , PUBLIC WATERS say,-1~[~tfi~}~lie- ennre-sutzace rreaofBoudinsBay. Affidavit of Publication TheentiresurfaceareaofCandy t ~ove,starttngandendingattheno- Southwest Newspapers Hake buoy placed approximately one hundred fifty (160) feet West of 1 :he entrance point to Candy Cove. The channel located at the 1 entrance/exitpointtoMud(Cryatal) State of Minnesota) Bay,markedby slowno-wakebuoys at either end of the navigable ~$$. :hannelatsaidentrance/exitpoint. 703.500: Additional County of Scott ) Restrictions: No person shall uses an inflatable water toy, air mattress s or inner tube more than one hundred fifty feet (150 from shore, unlessaccompaniedbyawatercraft.t Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized No person shall swim more thany agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen- one hundred fifty feet (160') f3•oms dent, Prior Lake American and Savage Pace ,and has full knowledge of the facts herein stated as shore, unless accompanied by of follows: watercraft. 703.600: Exemptiens: ~ (A) These newspapers have complied with the requirements constituting qualification as a legal All authorized resources newspaper, as provided by Minnesota Statute 331A.02, 331A.0~, and other applicable laws, as management, emergency and amended. ' enforcement personnel, whilef acting in the performance of thelr~ 7a 1 '~ assigned duties, are exempt from (B) The printed public notice that is attached to this Affidavit and identified as No. the restrictions set forth in this • was published on the date or dates and in the newspaper stated in the attached Notice a-~ said eetion. 1 Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of A temporary exemption from' the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both the restrictions set forth in' inclusive, and is hereby acknowledged as being the kind and size of typeused in the composition ;action 703.401 may be allowed • and publication of the Notice: :r certain circumstances. To _ify for a temporary exemption, • an application for a permit must be abcdefghijklmnopgrstuvwxyz completed, which shall include: the purpose of the exemption, the ~1; ~ ~ 1 ~ J '. organization or persons being - BYif i ~••'l• ~ .': (.~•' ~•~ • ;~-~ ~~- ii~! •i y ~.~:)L•y.~ exempted, the location of the exemption, and the date and time of Laurie A. Hartmann the exemption. The temporary exemption permit shall be issued by the Scott County Sheriff's Subscribed and sworn before me on Department. 703.700: Notification: The City shall notify the publ[c of this Section, which shall include t~,~~ but not be limited to placing a sign this ~ day of I r 2010 at each public watercraft launching facility outlining the essential elements of fhia Section, as well as '~ placing other necessary buoys and JYMME J, F3ARK signs. NOTARY PUBLIC -MINNESOTA 703.ti00: Enforcement: '''`~ ' N My Conrmissian Expires 01/31!2013 The enforcement of this Section Nota P lic shall be the primary responsibility "~'^" -~••~ of 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 RATE INFORMATION provisions of this Section. 703.90D: Penalties: Any Lowest classified rate paid by commercial users for comparable space.... $3 l .20 per column inch person who violates any provisions Maximum rate allowed by taw for the above matter ................................. $31.20 per column inch of this Section shall be guilty of a Rate actual! ch ed for the above matter .............................................. $12.54 er column inch misdemeanor, andupon conviction Y m'g P thereof, shall be punished by a fine of not more than one thousand dollars ($1,000.00), or byr imprisonment of not more than ninety (90) days, or both. ~ ' This ordi>tiance shall become effective from and after tts passage' 'd publication. Passed by the City Council of CityofPriorLake thisl7'"day of d 2010. ATTEST: FYank Boyle • City Manager Jack Haugen -Mayor (Published in the Prior Lake American on Saturday, May 22, 2010; No. 7277) Pufilic Ways & Property I ~--------------------------'-- --~' :- Deleted:¶ SECTION 703 - - - - - - - Formatted: Left, Indent; Left: 0", PUBLIC WATERS Ftrst tine: 0" SUBSECTIONS; 703.100: CHAPTER 703.200: PURPOSE, INTENT AND APPLICATION 703.300: DEFINITIONS 703.400: SPEED LIMITATIONS 703.500: ADDITIONAL RE3TRiCTIONS 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: Consistent with authority provided to the City pursuant to Minnesota Statutes 868.201. 868.205. and 459.20. and Minnesota Rules 6110.3000 - 6110.3800. as may be amended from time to time, the purpose of this section is intended to control and regulate the use of the waters of Upper and Lower Prior Lake in the City of Prior Lake. Minnesota; to promote to the fullest extent possible the public's use and eniovment of Upper and Lower Prior Lake: to promote and protect the safety of persons and Droperty in connection with the use of these waters: to harmonize and integrate the varxing uses of these waters: and to promote the public health, safety and welfare on Upper and Lower Prior Lake. ~ _ _ _ _ _~ 703.300: DEFINITIONS: For the purposes of this Section, the definitions set out in Minnesota Statute Section 868.005 are incorporated herein and made part of this Section..~rms not defined by said Statute shall have the following meanin~gs__ _ _ 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. "~ Prior Lake: The body of water given that name and assigned the lake numbers 70- ~1i; 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. 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. Deleted: Thls sectfan Is enacted for fhe purpose and wkh the intent io control and regulate the use of the waters of Prior Leke in the Cky of Prior Lake, Minnesota, to promote Its fullest use and enjoyment by the public in general and property in connection with the use of said waters; to harmonize and Mtegrate the varying uses of saW waters; and to promote the general health, safety and welfare of the cflizens of Deleted: the following j Deleted: t City of Prior Lake 703/p1 Public Ways & Property Watercraft: 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; WATERCRAFT SPEED LIMITATIONS: 703.401 Towing Restrictions: Flo watercraft towing a person on_, , - Deleted: No person sha[toperate a Waterskis, innertube, aquaplane or similar device shall be operated at any time stow no-wake speed within ona~an e within one hundred fifty feet (150') of shore; provided, however, that any watercraft hundred filly feel (150') Vom shore.g launching or landing a person on waterskis, innertube, aquaplane or similar device tf by the most direct and safe route to open water or shore shall be exempt from this provision. 703 402 General Speed Limit• No person shall operate a watercraft any time at greater than a slow no-wake speed within one hundred fifty feet (150'1 from shore. 703.403 Daytime Speed Limit: No person shall operate a watercraft at greater than forty (40) miles per hour, from sunrise to one hour after sunset, on all weekends and legal holidays occurring from Memorial Day weekend through Labor Day weekend. 703.404 Nighttime Speed Limit: No person shall operate a watercraft at greater than twenty (20) miles per hour, from one hour after sunset to sunrise the following day, at any time during the year. 703.405 Hiah Water Slow No-Wake: No person shall operate a watercraft at greater than a slow no-wake speed on the entire Lake when the water level reaches nine hundred four feet (904.0') sea level, as measured by the City at the Prior Lake/Spring Lake Watershed Disfrict gauge. When the water level of Prior Lake reaches 904.0' sea level, the City Manager or designee shall arranged to have notice of the no-wake provision 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 the restrictions are in place, fn 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 nine hundred four feet (904.0') sea level for three (3) consecutive days, said restriction shall be promptly removed. Formatted: Font: Bold, Underline locations: City of Prior Lake 7031p2 Public Ways & Property • The Channel located directly North and South of the County Road 21/Eaale•- - - Formatted: eulleted + river: 1 + Creek Avenue Bridge starting and ending at the navlaational red and rq een Aligned at: 1.25° + Tab arter: i.s° channel markers placed at both ends. + rodent at: 1.s° • The navlaational channel marked by red and green navigational channel markers and no-wake buoys to the East of Reed's Island. • The navigational channel marked by slow no-wake buoys at both ends North and South of the Lords Street Bridge. • The navlaational channel marked by slow no-wake buoys entering and exitlna from Boudin's Bay, including the entire surface area of Boudins Bay,, • The entire surface area of Candy Cove, starting and ending at the no-wake buoy paced approximately one hundred fifty (150) feet West of the entrance point to Candy Cove. • The channel located at the entrance/exit point to Mud (Crystal) Bay. marked by slow no-wake buoys at either end of the navigable channel at said entrance/exit point. 703.500: 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 shalt swim more than one hundred fifty feet (150') from shore, unless accompanied by a watercraft. 703.600: 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 703.401 may be allowed under certain circumstances. To qua{ify 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 Sheriffs Department. 703.700: NOTIFICATION: The City shall but not be limited to placing outlining the essential elements buoys and signs. notify the public of this Section, which shall include sign at each public watercraft launching facility of this Section, as well as placing other necessary 703.800: ENFORCEMENT: The enforcement of this Section shall be the primary responsibility of the Scott County Sheriffs 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. City of PriorLake 703/p3 Public Ways & Property 703.900: PENALTIES: Any person who violates any provisions of this Section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars ($700.00), or by imprisonment of not more than ninety (90) days, or both. Clty of Prior Lake 703/p4 Public Ways & Property This space intentionally left blank. City of Prlor Lake 703/p5 WATER SURFACE USE WORKSHEET APPLICANTS FOR WATER SURFACE USE ORDINANCES ARE REQUIRED BY MINN. RULE 6110.3600 TO SUPPLY THE FOLLOWING INFORMATION REGARDING THE WATER BODY TO BE REGULATED. YOU MAY USE THIS FORM OR SEPARATE SHEETS TO PROVIDE THE NECESSARY INFORMATION. (PLEASE NOTE ANY INFORMATION THAT IS NOT RELEVANT.) 1. Physical Characteristics a. Size -normal surface acreage, if available, or the basin acreage listed on the DNR Web Page or in the Division of Waters Bulletin No. 25 "An Inventory of Minnesota Lakes." INVENTORY MAP: Lower Prior - #70002600 & Upper Prior - #70007200 Lower Prior - 956.65 Acres Upper Prior - 329 Acres Littoral Area• Lower Prior - 373 Acres Upper Prior - 386.25 Acres 1.238 surface acres (or) basin average b. Crowding potential -expressed as a ration of water surface area to length of shoreline. 1.238 surface acres: 18.6 miles of shoreline. (Length of islands shoreline is 1.9 miles.) c. Bottom topography and water depth (deepest & average) (available from DNR regional or area fisheries headquarters). Lower Prior -Maximum Depth is 56 Feet Average 20 Feet Upper Prior -Maximum Depth is 43 Feet Average 20 Feet d. Shore soils and bottom sediments (available from DNR regional or area fisheries headquarters). Lower Prior - 40% Muck, 30% Sand/Muck, 25% Sand & 5% Rubble Upper Prior - 60% Sand, 20% Sand/Muck,10% Boulders & 10% Muck e. Aquatic flora and fauna (available from DNR regional or area fisheries headquarters). Flora: Curly Leaf Pondweed, Eurasion Milfoil, Coontail and Chara. Fauna: Bullheads, Crappies, Bluegill, Carp, Sunfish, Bass, Northern Pike, and Walleye, and Zebra Mussels. f. Water Circulation For Lakes: the existence and locations of strong currents, inlets, and large water level fluctuations. For Rivers and Streams: velocity and water level fluctuations. O:\Water Resources\WATER SURFACE USE WORKSHEET.doc Water flows into Upper Prior Lake through a creek from Spring Lake and through storm sewer outfalls. Lower Prior Lake has an outlet regulated by the Prior Lake Spring Lake Watershed District. A majority of water flows through Lower Prior Lake from Upper Prior Lake to the outlet. Water levels on the Lake vary based on precipitation, with an average yearly fluctuation of 2 feet. g. Natural and artificial obstructions or hazards to navigation, including but not limited to points, bars, rocks stumps weed beds, docks piers, dams diving platforms and buoys. Navigation is obstructed around islands and points by natural rock and sand bars. Navigation is obstructed near the wagon bridge channel area by an old train line embankment and the County Road 21 bridge and piers. h. Regional relationship -the locations and the level of recreational use of other water bodies in the area. Spring Lake (600 acres) and Fish Lake located near Prior Lake also have heavy recreational uses. ' 2. Existing Development a. Private - to include number, location, and occupancy characteristics of permanent homes, seasonal homes, apartments, planned unit developments, resorts, marinas, campgrounds, and other residential, commercial, and industrial uses. 864 family homes, 26 townhomes, marinas w/boat slips, l restaurant w/ boat slips. b. Public - to inchide type, location, size, facilities, and parking capacity of parks, beaches, and watercraft launching facilities. Parks: Watzl's Point Beach -The beach is accessible from Lakefront Park - 5000 Kop Parkway. Features: sandy beach, picnic tables, concessions, etc. Frontage along Prior Lalce provides fishing, boating and swimming opportunities. Lakefront Park, approximately 130 acres has a pavilion, skateboard park, hockey rinks, soccer fields, baseball diamond, tennis courts, etc. It has 244 vehicle parking stalls, and 14 handicapped stalls. Sand Point Beach -Sand Point Beach, 14349 Crest Avenue, located next to the DNR boat access to P~•ior Lake. Sand Point is 17.5 acres. Amenities include two picnic shelters, playground equipment, sand volleyball, horseshoe pits, sandy beach, a fishing pier, etc. Sandpoint has 84 vehicle stalls, IS boat w/trailer stalls, and 5 handicap stalls. Sand Point DNR Access,14377 Crest Avenue, Prior Lake,1VIN -1.2 acres -15 vehicles/ w trailers stalls.. DeWitte Access -16800 DeWitte Avenue, Prior Lake, MN 55372 - .23 acres - 25 vehicles/w trailers G:\Weter Resources\WATER SURFACE USE WORKSHEET.doc 3. Ownership of shoreland - to include the location and managing governmental unit of shoreline in federal, state, county, or city ownership as well as private semi-public or corporate lands. Lakefront Park, 5000 Kop Parkway City of Prior Lalee, 4646 Dakota Street S.E., Prior Lake, MN 55372 Sand Point Park, 14349 Crest Avenue City of Prior Lake, 4646 Dakota Street S.E., Prior Lake, MN 55372 Captain Jack's, 3950 Green Heights Trl. S.W., Prior Lake, MN 55372. Owner: J.K.L. Docks, LLC Prior Lake Marina, 15862 Eagle Creek Avenue N.E., Prior Lake, MN 55372. Owner: Thane & Kelly Taade 4. Public regulations and management - to include federal, state or local regulations and management plans and activities having direct effects on watercraft use of surface waters. The City of Prior Lake has ordinances in effect to govern surface water issues. Section 703 of the Prior Lake City Code ~°Public Waters" is enforced by the DNR and Scott County Sheriff. 5. History of accidents which have occurred on the surface waters (available from sheriff's office). See attached incident history. Source, Scott County Sheriff Deputy, Bret Krick 952- 496-8300. 6. Watercraft use - to include information obtained in the morning, afternoon and evening on at least one weekday and one weekend day, concerning the number of types of watercraft in each of the following categories: Watercraft survey information not available.- a. Kept or used by riparians. b. Rented by or gaining access through resort or marinas. c. Using each public watercraft launching facility. d. In use on the waterbody. 7. Conflict perception and control preferences - to include opinions, gained by surveys or through public meetings or hearings of riprarians, transients, local residents, and the public at large. See attached public hearing minutes. G:\~Yster ResaeroeslWATER SURFACE USB WORKSHEET.doc IN ADDITION TO THE ABOVE, APPLICANTS ARE ALSO REQUIltED TO PROVIDE: 1. The information requested in Minn. Rule 6110.3600, portrayed on a map to the extent reasonable. See attached map. 2. A statement evaluating whether the infoi~nation reveals significant conflicts and explaining why the particular controls proposed were selected. Evaluation Statement for the Amendment of Section 703 of the City of Prior Lake City Code (Public Waters) The Scott County Sheriffs Department is responsible for patrolling and enforcing this ordinance. As a result of their experience, the enforcing officers have concluded there are channel areas on Prior Lake which should be explicitly part of the no wake zone, but are greater than 150' in width. For this reason, their officers have suggested the ordinance be amended to designate the locations of the channels listed below as "no wake" zones: - 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 located 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. - The navigation channel marked byslow no-wake buoys at both ends north and south of the Lords Street Bridge, - The navigational channel marked byslow 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, stating and ending at the no-wake buoy placed approximately one hundred ftfty (150) feet west of the entrance point fo Candy Cove. - The channel located at the entrance%xit point to Mud Bay, marked byslow no-wake buoys of either end of the navigable channel at said entrance%xit point. The Lakes Advisory Committee considered this amendment at a public hearing on April 20, 2010. There were no public comments. The amendment clarifies by ordinance the specific no wake zones in channels that are narrow, but still greater than 300' across. In addition the City took the opportunity to clarify the purpose and intent, definitions, and general speed limit. These controls were selected to help patrolling officers in their enforcement of the "no- wake" zones. These controls were selected at the request of the Scott County Sheriff s office. 3. The proposed ordinance. See attached proposed ordinance. G:\WaterResourcea\WATER SURFACE USB WORKSFIEET.doc 4. A description of public hearings held concerning the proposed controls, including an account of the statement of each person testifying. See attached public hearing minutes. NAME (TYPE OR PRINT) Larrv Poppler /~ SIGNATURE ~ f TITLE OF PERSON COMPLETING FORM PHONES-MAIL Return completed form to: Assistant Citv Engineer 952-447-9832 lpounler e,cityofariorlake.com Minnesota Department of Natural Resources Boat and Water Safety Section 500 Lafayette Road St. Paul, MN 55155-4046 G:\Water Resources\WATER SURFACE USE WORKSHEET.doo 2008 COUNTY BOAT AND WATER SAFETY ACTIVITY REPORT Scott County 1. Personnel & Equipment a. Full time (only include # of people paid for boat and water) 1 b. Part time (only include # of people paid for boat and water) 2 c. Volunteers (# of people) p d. County Watercraft g e. Boat & Water safety hours (From all funding sources. Please include search & rescue hours (4a) in total) 1,646 2. Enforcement a. Public complaints (ICRs) 138 b. Verbal warnings 128 c. Written warnings Not Used d. Arrests or summons 102 3. Thefts a. Boats stolen p b. Motors stolen 1 c. Boats recovered p d. Motors recovered p 4. Search-Rescue-Recovery ~. Hours spent on search and rescue /recovery operations* a ~. Number of search and rescue /recovery operations C 1 2 3 4 5 s s 9 10 11 12 13 14 15 See reverse side for remainder of activities 2008 COUNTY BOAT AND WATER SAFETY ACTIVITY REPORT Scott County 1. Personnel & Equipment a. Full time (only include # of people paid for boat and water) 1 b. Part time (only include # of people paid for boat and water) 2 c. Volunteers (# of people) 0 d. County Watercraft 8 e. Boat & Water safety hours (From all funding sources. please include search & rescue hours (4a) in total) 1,646 2. Enforcement a. Public complaints (ICRs) 138 b. Verbal warnings 128 c. Written warnings Not Used d. Arrests or summons 102 3. Thefts a. Boats stolen 0 b. Motors stolen 1 c. Boats recovered 0 d. Motors recovered 0 4. Search-Rescue-Recovery a. Hours spent on search and rescue /recovery operations* ~. Number of search and rescue /recovery operations 1 2 3 4 5 s 7 s s 10 11 12 13 14 15 See reverse side for remainder of activities 5. Rental Boat Inspections a. Number of resorts/rental agencies in county 3 b. Number of resorts/rental agencies inspected ~ 3 c. Number of rental boats inspected 36 6. Information and Education ~. Number of talks or classes given ~. Number of displays ' 7. Number of county buoys or waterway markers placed or maintained summer Navigational Buoys/Signs s: Winter Thin Ice Signs 1: 8. Permits Issued a. Marine events ! ~. Active temporary structures 37~ Signatures person completing this report Date Phone: Bret J Krick 852-486-8723 16 17 1s 19 20 21 22 23 Sheriff or Designee Date Phone: Scott County Federal FY 2008 Boating Safety Activity Report for Counties Covering Oct 1, 2007 -Sept. 30, 2008 1. Personnel Deputies Primarily Involved in Boating Safety Number Full Time ............................................................... 1 Part Time /Seasonal ................................................ 2 Volunteers ............................................................. - Total ...................................................................... 3 2. Hours Total Boating Safety Hours ................................. 1,647 Percentage of those hours on actual water patrol............ 70°to 3. Enforcement Citations Written Warn. Total Boating Enforcement Actions .............................. 89 124 other stops Of (hose -how many were for *: a. Safety Equipment Wearable PFD's .................................................... 11 Type IV - Throwable PFD ........................................ 3 Fire Extinguisher ................................................... 3 Horn or Whistle ..................................................... Navigation Lights .................................................. b. Careless or Reckless Operation .............................. 5 c. Rules of the Road ................................................ 1 d. Mandatory PFD wear - <10 yrs old .......................... e. Registration /Numbering ...................................... 5 f. Other Boating Violations* ....................................... 61 'Note: Include total BWI s under "Other Boating Violations." We will get Info. off the BWI reports you have already sent us. 4. Search & Rescue Number of boating search, rescue or recovery operations. 2 5. Assistance Number of boats assisted (out of gas, sinking, lost etc.)... 20 6.Waterway Markers Number of waterway markers (buoys or signs) placed or maintained .............................................................. 63 Return form by Nov.15, 2008 fo: e-mail: kim.elverum@dnr.state.mn.us FAX: 651-296-0902 Bret J. Krick #160 Minn. DNR Boat & Water Safety Person Completing This Report 500 Lafayette Road 952-496-8723 St. Paul, MN 55155-4046 Phone 10/14/08 Date