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HomeMy WebLinkAbout06/16/93 MINUTES OF THE LAKE ADVISORY COMMITrEE June 16, 1993 The Lake Advisory Committee meeting was called to order on Wednesday, June 16, 1993 at 6:35 p.m. Members present were: Dave Moran, Bill Packer, Peter Patchin, Jody Stroh, Dave Vmlove, Tom Watkins, and John Wingard. City staff members present were: Water Resources Coordinator Joel Rutherford. Guests present were Scott County Sheriff Bill Nevin and Deputy John Grover; Water Safety Patrol Officer for Scott County. The first item on the agenda was to approve the minutes of the May 19, 1993. MOTION BY MORAN, SECONDED BY WATKINS TO APPROVE THE MAY 19, 1993 MINUTES. MOTION CARRIED UNANIMOUSLl: The next item on the agenda was a discussion with Scott County Sheriff Bill Nevin. Nevin presented some historical background on the Sheriffs Department enforcement responsibility on the lake. He explained the original sole responsibility of the Sheriffs department, in regards to the lake, was to drag for drowned bodies. This decision was established by the State. Additional duties were "assumed" by the Sheriffs Department because nobody else was doing them. One example is the placement of buoys. In the early 70's, County Ordinance Number 9 was adopted, which included additional restrictions on the lake. The enforcement of this ordinance was the responsibility of the Sheriffs Department. In 1990, during an investigation of who can regulate increased parking at the marina, the County Attorney's office discovered that Ordinance Number 9 was not a legal ordinance because it was never approved by the DNR. Therefore, at that time, the County abandoned that document, and resumed enforcing violations in accordance with State Law. Committee members shared their experiences of problems on the lake, and asked what can be done to alleviate these problems. Problems mentioned included excessive noise associated with certain boats and snowmobiles, and with loud music. Safety problems associated with careless and inconsiderate boaters were also mentioned. Sheriff Nevin feIt it necessary to eliminate those violations that are causing the most problems. Packer suggested many non lake shore owners are causing the problems, as well as many young boaters. The discussion continued with how the Sheriffs department patrols the lake, and how much time is dedicated for this purpose. Sheriff Nevin indicated that one full-time deputy along with some part-time workers, are assigned to boater safety for the County's lakes and the Minnesota River. Deputy Grover estimated that 75% of all their time is spent 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER ~------------'---'--'--'~-n---------~-'-' patrolling Prior Lake. Their patrol shifts are generally 8 hours per day, weekdays and weekends. Sheriff Nevin indicated a new ruling by the state legislature, which now allows the Sheriff to "shut down" an entire lake, if it is considered unsafe due to thin ice. He also mentioned of problems associated with some fish houses in the winter. He indicated many of these houses are used for parties. Deputy Grover suggested a speed limit on the lake would help alleviate many of the problems associated with the very fast "muscle" boats. He indicated that by tracing the boater registration numbers of some of these faster boats on the lake, they have found many boaters are bringing their boats from the Lake Minnetonka area. It was suggested that these boaters may be coming to Prior Lake because there is no speed limit on Prior Lake, while many other lakes, including Lake Minnetonka, have speed limits. He also indicated Lake Minnetonka has a speed limit for snowmobilers. Deputy Grover presented information on problems associated with alcohol and boating. He indicated that between the DNR and the Sheriffs Department, they found eighteen violators last year of "boating while intoxicated", which is about average. Enforcement of the City's Eurasian Milloil Ordinance was discussed. Deputy Grover suggested a distance around the buoys should be included in the ordinance to help the enforcement. He indicated that the current wording of "within any area" marked is too difficult to enforce. After a discussion of why the original ordinance did not include a distance, the members agreed the ordinance should be amended. MOTION BY MORAN, SECONDED BY PATCffiN, TO RECOMMEND TO THE CITY COUNCIL, AN AMENDMENT TO THE EURASIAN MILFOIL ORDINANCE TO INCLUDE 'WITHIN 50 (FIFrY) FEET' OF BUOYS INSTEAD OF 'WITHIN ANY AREA". MOTION CARRIED UNANIMOUSL'Y: The next item on the agenda was to continue the discussion on the "No Wake Ordinance". Packer expressed his concerns over the existing ordinance, and why he felt it should be amended so that it designates what portions of the lake can be designated no wake zones. Moran expressed his concerns over the difficulties of boaters knowing where the 904 elevation is. The discussion continued with the intent of the ordinance, and how it was created for emergency situations. The discussion continued with fears of closing down the lake when the lake reaches 904, or above. However, some members stated the existing ordinance will work, under emergency situations, and that was the intent of the ordinance. Some members felt the ordinance should be amended to allow for no wake periods, other than when the lake is above 904. It was also suggested the Lake have "no wake zones", similar to those used on other lakes, including Lake Marian in Lakeville. MOTION BY PACKER, SECONDED BY PATCHIN, TO RECOMMEND TO THE CITY COUNCIL THAT THE EXISTING ORDINANCE REMAIN, AS IT IS WRI'ITEN. UPON A VOTE TAKEN, AYES BY PACKER, PATCHIN, STROH, VINLOVE AND WATKINS, NAYS BY MORAN AND WINGARD. MOTION PASSED 5.2. The next item was to discuss ideas that can be used to improve safety. Moran presented a document that he had prepared, that was included with the agenda. His ideas included establishing a speed limit on the lake. Although his document states a 36 MPH speed limits, he would agree with a 40 MPH during the day, and a 20 MPH speed limit at night, based on the earlier discussion. He also suggested a 0.0 blood alcohol level for all boat operators, and mentioned that Ontario forbids any alcohol in the boat. It was mentioned by Deputy Grover that the DNR would probably not approve the 0.0 blood alcohol level. Moran agreed the committee should not pursue this restriction if the DNR will not approve it. The discussion followed with how a speed limit ordinance could be written to establish a separate day and night speed limit. Patchin suggested the City use the ordinance written for Lake Minnetonka, to help assure that Prior Lake receives approval from the DNR. It was asked whether a limit should be established for snowmobilers. Wingard presented his ideas, referring to his written statements included in the agenda. His concerns were for the enforcement problems connected with any new City ordinances. He wanted to be certain they could be enforced. Deputy Grover indicated the Sherifl's department would purchase a radar gun that will work on boats. Wingard felt that education will also be an important method of improving safety on the lake. Packer presented his ideas and suggestions with a document he had prepared and he handed copies of that document to each member. He suggested alternatives to regulation, including education and awareness programs. He indicated the City would be at risk of litigation if home owners' and marine users' rights were "seriously and stringently" changed. He also felt it was important to inform operators of the regulations proposed. There was a discussion concerning which proposed regulation Packer was referring to. It was mentioned that the intent of the agenda item was to discuss ideas, and that the Lake Advisory Committee has not yet proposed any regulations or ordinances that concern safety on the lake. Members agreed if items on the agenda are discussed away from the meeting, with non members, it should be made very clear what information represents the group, and what information has been submitted as ideas for discussion, by individual members. It was suggested that members, when discussing items relating to the Lake Advisory Committee with non members, discuss only the information contained in the minutes. Vinlove suggested the agenda item on ideas to improve safety on the lake be continued at the next meeting. The meeting of the LAC was adjourned at 8:40 PM. Respectfully submitted, The next Lake Advisory Committee meeting is scheduled for Wednesday, July 21, 1993 at 6:30 p.m.