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HomeMy WebLinkAbout09/15/93 MEMO TO: Lake Advisory Committee Members FROM: .//[ Joel Rutherford, Water Resources Coordinator ,p'- SUBJECT: Draft of Minutes from September 15, 1993 September 21,1993 DATE: -, Please review the enclosed draft of the minutes for the last meeting. I hope between my notes and memory, the proceedings of the meeting are reflected in them. Let me know if you believe something should be added, changed, or deleted. I will ask Frank Boyles to add the Public Hearing to the Council's agenda for October 18. Sheriff Bill Nevin has indicated he would like to attend the next Public Hearing, and he could probably attend if held on that date. Several individuals have indicated to me they believe it would help to have the Sheriff attend, so I feel it would be a good idea to set a date that will work with him. Prior to the meeting, I will write the agenda report, and send you each a copy when completed. A presentation to the Council will be required, so we should be thinking about who will present the ordinance at the Public Hearing. 'lb avoid some problems, I think two ordinances should be presented; one for each option. I believe presenting two ordinances might avoid problems that could occur if they have only one ordinance to review, and then try to change the language at the meeting. Changing the language in an ordinance at a meeting can be very cumbersome, and it is my impression they would prefer to vote on the ordinance as written, instead of with amendments. The recommendation would be to adopt one of the two alternatives. If the Council still wishes to change something, they could amend the one that best represents t~e 'ime they want. I feel this represents what the LAC is recommending, based on your last_ meeting. Please let me know if you disagree. Again, please review the minutes, and think about who should present the ordinance to the Council on October 18. I will keep you informed of any changes or new developments. -, 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER MINUTES OF THE LAKE ADVISORY COMMITTEE September 15, 1993 The Lake Advisory Committee meeting was called to order on Wednesday, September 15, 1993 at 6:35 p.m. Members present were: Dave Moran, Bill Packer, Peter Patchin, Dave Vmlove, Tom Watkins, and John Wingard. City staff members present were: Water Resources Coordinator Joel Rutherford. Ex officio members present were: Watershed District Manager Bill Dilks. Members absent were: Jody Stroh. The first item on the Agenda was to approve the Minutes of the meeting of July 21, 1993. (Note: the wrong date of July 15, 1993 was on the agenda). Wingard noted an error. The minutes did not indicate that Vmlove was absent. MOTION BY PATClDN, SECONDED BY WATKINS TO APPROVE THE JULY 21, 1993 MINUTES, AS AMENDED. MOTION CARRIED UNANIMOUSLY: The next item was to approve the Minutes of the meeting of August 18, 1993. It was noted that on the second page, second paragraph, fifth line, it should read "infestations are heavy" . MOTION BY PATClDN, SECONDED BY WATKINS TO APPROVE THE AUGUST 18, 1993 MINUTES, AS AMENDED. MOTION CARRIED UNANIMOUSLY: The next item was to discuss the Public Hearing held for the proposed ordinance on surface water use restrictions. Vmlove asked if anyone in the audience wished to make a statement prior to the Committee's discussion. Some of the statements and comments heard were the following: - Instead of new regulation, there should be more support for regulating existing laws - 15/40 mph are too restrictive - 60 mph in one boat can be safer than 30 mph in another boat - Petitions are being circulated which will have 1oo's of signatures asking the council not to adopt the proposed ordinance - Some boats will not plane, even at 40 mph. A boat owned by this person handles best at 55 mph - Questions the necessity of the laws - All types of boats are part of the problem, not just the "muscle" boats - Speed limits can decrease safety by not forcing an operator to be more attentive, such as what occurs when they are traveling at faster speeds - 150' buffer zone will force slow no-wake speeds through channels and narrows near areas like Reeds Island - Speedometer on some boats start at 10 mph - the slow no-wake speed is a maximum of 5 mph 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER -----'---r - How will inexperienced jet ski operators learn without going out into deeper water where it may be unsafe. The 150' buffer does not allow that person to learn closer to shore. - LAC should examine an ordinance which requires all skiers to travel in the same direction (clockwise or counter-clockwise) - Would not be able to ski through the channel narrows near Reeds Island - Biggest problem is the established high water elevation of 904.0'. If the lake were lower, it would force boats to travel away from shore where it would not be as shallow. - Fishing boats without lights are dangerous - Has anyone examined how property values would be affected with more regulation - Has someone done a survey of everyone on the lake or everyone who uses the lake - The sheriff patrols the lake from about noon to 8:00 PM. Feels the people who use the lake later would be unfairly treated, because that would be when it is patrolled, and the fishermen who go out early in the morning would not have to worry about being served a citation - There would be problems with using a radar gun on a boat because of the size of the target - Education should be used as a method of improving safety before any new ordinances - A 250 pound person can still ski barefoot at the proposed speed. The maximum speeds are reasonable. Members responded to several of the comments made during the discussion. County Commissioner Dick Underferth, who was in the audience, suggested that if they wish, individuals should express their concerns about enforcement with the Sheriff. He indicated because both he and the Sheriff are elected officials, he could not "force" the Sheriff to change how he enforces existing laws and regulations. He did indicate, however, that he could speak to the Sheriff about the concerns expressed at this meeting. A letter, addressed to LAC Chair Vinlove, from a resident of Prior Lake was read aloud. Vmlove felt the letter did a very good job of summarizing the intent of the proposed ordinance. Vmlove also read a letter submitted by LAC Vice-Chair Jody Stroh who could not attend the meeting. The members discussed several of the issues discussed at the Public Hearing and those heard from the audience. Members agreed to clarify the ordinance by inserting language that would include exemptions for divers, as allowed by state law. They also agreed there should be clarification for the treatment of Eurasian water milfoil. Members discussed the problems with using the buoys for marking treatment areas, when there are so many areas infected that it is not feasible or practical to limit boating in those areas. Members discussed other options for when the speed restrictions would be in place, and they discussed options for speed controls not included in the DNR's rules. Having the speed limits in effect only on weekends was discussed, as well as having a night speed limit of 20 mph, instead of 15 mph. There were comments made from individuals from the audience and the LAC who felt the weekend begins on Friday, and the problems associated with high speed during periods of heavy traffic would still exist on Fridays. After a discussion of each item in the proposed ordinance, it was agreed that each item, where it was felt an amendment was possible, would be voted on separately. MOTION BY WATKINS, SECONDED BY PACKER TO LEAVE THE DEFINITIONS AS WRITTEN. MOTION CARRIED UNANIMOUSLY: MOTION BY MORAN, SECONDED BY PACKER TO LEAVE THE SLOW NO-WAKE ZONES AS WRITTEN. UPON A VOTE TAKEN, AYES BY MORAN, PACKER, PATCHIN, VINLOVE, AND WATKINS. NAYS BY WINGARD. MOTION PASSED 5-L MOTION BY MORAN TO LEAVE THE SPEED CONTROLS AS WRITTEN. MOTION DIED FOR A LACK OF A SECOND. MOTION BY PATCmN, SECONDED BY MORAN TO HAVE 40 MPH AS THE MAXIMUM SPEED. UPON A VOTE TAKEN, AYES BY MORAN, PACKER, PATCHIN, VINLOVE, AND WATKINS. NAYS BY WINGARD. MOTION PASSED 5-L MOTION BY MORAN, SECONDED BY PACKER TO HAVE THE MAXIMUM SPEED LIMIT IN PLACE SUNRISE TO SUNSET, SEVEN DAYS A WEEK. UPON A VOTE TAKEN, AYES BY MORAN, PACKER, AND PATCHIN. NAYS BY VINLOVE, WATKINS, AND WINGARD. MOTION FAILED TO PASS 3-3. MOTION BY VINLOVE, SECONDED BY WATKINS TO HAVE THE MAXIMUM SPEED LIMlT IN PLACE SUNRISE TO SUNSET ONLY ON WEEKENDS AND HOLIDAYS. UPON A VOTE TAKEN, AYES BY VINLOVE AND WATKINS, NAYS BY MORAN, PACKER, PATCHIN, AND WINGARD. MOTION FATT .1m TO PASS 2-4. MOTION BY WATKINS, SECONDED BY MORAN TO CHANGE THE MAXIMUM SPEED OF 40 MPH TO 50 MPH, AND TO HAVE IT IN EFFECT SEVEN DAYS A WEEK. UPON A VOTE TAKEN, AYES BY MORAN AND WATKINS, NAYS BY PACKER, PATCHIN, VINLOVE, AND WINGARD. MOTION FA TT .Rn TO PASS 2-4. With the members split on when to impose the maximum speed restriction, the subject of night time speed was discussed next, including changing it to 20 mph. Rutherford indicated the DNR has told him a variance from their rules could be given, if justified. He indicated the problems with getting a watercraft to plane at 15 mph may be sufficient for granting the variance. MOTION BY PACKER, SECONDED BY WATKINS TO CHANGE THE RECOMMENDATION OF THE NIGHT TIME MAXIMUM SPEED UMIT FROM 15 MPH 20 MPH FROM SUNSET TO SUNRISE. UPON A VOTE TAKEN, AYES BY MORAN, PACKER, PATCHIN, VINLOVE, AND WATKINS. NAYS BY WINGARD. MOTION PASSED 5-L Members agreed that with the split votes on the motions for a recommendation on daytime speed limits, that it would be better to inform the Council of this split, instead of no recommendation. MOTION BY MORAN, SECONDED BY PACKER TO INFORM THE COUNCIL THAT THE COMMI'ITEE WAS SPLIT BETWEEN HAVING THE MAXIMUM SPEED LIMIT IN EFFECT SEVEN DAYS A WEEK VERSUS HAVING IT IN EFFECT ONLY ON WEEKENDS AND HOLIDAYS. MOTION PASSED UNANIMOUSLY. The members continued with the other items in the proposed ordinance. MOTION BY WINGARD, SECONDED BY WATKINS TO RECOMMEND THE LANGUAGE PERTAINING TO INFLATABLE TOYS AND AIR MATrRESSES BE LEFT AS WRITrEN. MOTION CARRIED UNANIMOUSLY: MOTION BY WINGARD, SECONDED BY WATKINS TO RECOMMEND THE LANGUAGE PERTAINING TO OPERATING A WATERCRAFT WITHIN 50' OF BUOYS BE LEFr AS WRITrEN. MOTION CARRIED UNANIMOUSLY: MOTION BY WINGARD, SECONDED BY WATKINS TO RECOMMEND THE LANGUAGE RESTRICTING THE LAUNCmNG OF WATERCRAFr WITH EURASIAN WATER MILFOn... A'ITACHED, TO BE LEFr AS WRITrEN. MOTION CARRIED UNANIMOUSLY. The next item on the agenda was a presentation by Paul Nelson of the consulting firm of Montgomery Watson, on the Diagnostic/Feasibility Study for Prior and Spring Lakes. This study, completed by Montgomery Watson for the Prior Lake;Spring Lake Watershed District, includes an implementation plan containing projects which will be sponsored by various agencies. The Prior Lake;Spring Lake Watershed District is requesting the City of Prior Lake to help sponsor this program. MOTION BY MORAN, SECONDED BY PATClllN TO RECOMMEND TO THE COUNCIL TO SUPPORT AND SPONSOR THE WATER QUALITY IMPROVEMENT PROJECT INCLUDED IN THE IMPLEMENTATION PLAN. MOTION CARRIED UNANIMOUSLY. The meeting of the LAC was adjourned at 10:00 PM. Respectfully submitted, ~~ '<A. oJ I A. Rut e ord cording Secretary The next Lake Advisory Committee meeting is scheduled for Wednesday, October 20, 1993 at 6:30 p.m. ---r' ----. r