HomeMy WebLinkAbout05/16/06
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MINUTES OF THE LAKE ADVISORY COMMITTEE
May 16, 2006
I. CALL TO ORDER
The Lake Advisory Committee (LAC) Meeting was called to order at 5:00 P.M.
Members present: Harry Alcorn, Warren Erickson (Council Liaison), Charlene
Jasan, Dan O'Keefe, Donna Mankowski, James Marchessault.
Others present: Ross Bintner, Water Resources Engineer; Larry Poppler, Assistant
City Engineer; Scott Carlson, DNR; Bill O'Rourke, Prior Lake Police Chief, Brett
Krick, Sheriff Boat Patrol. Roger Kamin, Citizen;
II. APPROVAL OF MINUTES
Motion to approve prior meeting minutes, Mankowski, Alcorn - Pass (5:0)
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III. OLD BUSINESS
A. Shady Beach access
Carlson explained the relationship between the Police, Sheriff, and DNR
saying that DNR and Sheriff Departments deal with issues on the water.
The sheriff is responsible for accident investigations, body recovery,
regulation of boats and floating docks, drinking, vandalism, theft. The
DNR is responsible for enforcement of rules and regulations pertaining
fish houses and fishing licensing, removal of icehouses by the deadline,
and many responsibilities are shared.
O'Keefe asked if the City of Prior Lake enforces anything on the Lake.
O'Rourke explained that in general the water surface is covered by the
sheriff, however nothing prevents the Police from assisting the Sheriff or
DNR, or enforcing law.
O'Keefe posed a hypothetical parking ordinance near shore, and asked if
that was enforceable. Carlson commented that it depended on the
ordinance; however care must be taken not to limit access to the lake.
O'Rourke spoke about a system in 1998 to permit access to only the
neighborhood however the system was unworkable and deemed illegal.
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WWW.cityofl1riorlake.com
Phone 952.447.4230 / Fax 952.447.4245
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Mankowski asked about property ownership when waters levels fluctuate.
Carlson explained that below the OHW 904.0 the DNR has enforcement
authority, but that property ownership can extend below that level.
Roger Kamin spoke about his proposal and his view of the winter
problems.
Mankowski asked if there are similar complaints from the DeWitt access.
O'Rourke said he understands that there are not similar complaints due to
the access, but parking is a problem there are well.
Alcorn asked if Carlson thought a reconfiguration of the existing sand
point DNR access is possible. Carlson admitted he is not an authority on
this issue, but surmised that the agreement made with the land owner
when the access was constructed would dictate over any reconfiguration.
Alcorn asked Carlson and O'Rourke if the focus of the proposed solution
of no parking a distance from shore seems appropriate. Carlson
responded that it seems that we are trying to solve a fairly low frequency
occurrence in respect to vehicles going through the ice, but said the issue
may have utility for other purposes.
Carlson mentioned that the amount of regulation currently on the lake
makes navigating the rules complicated for the average user.
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Kamin asked again about the possibility of a gate. O'Rourke cautioned
against locking people on the Lake for a wide variety of reasons.
Poppler suggested improving the shady beach access and providing
parking within the right of way.
Major issues comes down to access.
· Many different views on an appropriate level of access
· Problems associated with access near private properties
Krick joined the meeting and weighed in on some of the previously
discussed issues.
Krick stated that he would be the person who enforces any ordinance. As
long as it was okay with the DNR, he would work to enforce. He asked
that any ordinance that is written be put in lay mans terms.
Alcorn asked if Krick knew of any lakes where vehicles are prohibited,
Krick responded that he did not.
IV. OTHER BUSINESS
V. STAFF UPDATE
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A. Boat tour
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VI. NEW BUSINESS
Shari Borth of 16110 Lakeside addressed the LAC on her specific dock
issue, explaining her lot lines and the inconsistent understanding of
guidance between her neighbors on both sides.
O'Keefe suggested that a sample of unique lots be studied to get a sense
of some of the harder properties to regulate.
Borth recommended using lot line extensions if an ordinance is
considered.
VII. ADJOURNMENT
THE MEETING WAS ADJOURNED AT 8:20 P.M.
Respectfully submitted,
Ross Bintner
Water Resources Engineer
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r LAKE ACCESS CHRONOLOGY
-YEAR DATE SOURCE RESOLUTION/ACTIVITY
Easement created over East 2 rods of Lot 6, Section
1893 See tabbed Chronology 25, by Deed of Right-of-Way to August Uihlein. See
tabbed chronology for additional information regarding
transfer of ownership, history and etc.
Confirmation that the Sportsmans Club became a
1968 Document 120994 nonprofit organization under Minnesota law on January
1968.
1985 Purchase Agreements Purchase of property for park area known today as
Sandy Beach
Allow limited access for fish house removal until Feb.
28. Open from 8am-8pm. Access was to be closed
1989 6-Feb Letter from David Unmacht, City Manager after February 28, not sure when the access was
opened again or when it closed, probably after the
agreement of October 2, 1989. There is mentioned of
access closure going back to Dec. 5, 1988.
1989 10-Apr Document No. 257785 Sportsmans Club purchases the Marshall heir
easement rights from the estate of William W. Marshall.
See agreement for detail: States Beach Lane shall
1989 2-0ct Agreement between Beach Lane remain open everyday throughout the year. It shall be
residents/Sportsmans Club/City of Prior Lake closed from the hours of 11 pm to 6am. Signs signifying
f" the points were to be posted per the agreement.
Shady Beach Access and Sand Point Beach Access
1994 30-Sep Lake Access Study recommended as winter accesses (See page 75 of
report):
1994 21-Nov Council Decision (Shady Beach Access) Council decision to leave as winter access per Lake
Access Study recommendation.
1995 2-0ct Council Decision (Sand Point Beach Access) Council decision to leave as winter access per Lake
Access Study recommendation.
Letter stating quit claim deeds to the tJrior Lake
1996 28-0ct Letter: McLagan & Lerman, PA Sportsman's Club are of no legal affect. Letter by
Clinton McLaQan
1996 12-Nov Sportsman's Letter to Paul Hokeness Letter outlining the Club's intentions and improvements
to the Shady Beach Access.
This date is the first time the City was informed of the
October 28, 1996 Jetter regarding the quit claim deeds.
1996 25-Nov Paul Hokeness Letter to Sportsmans Club The City acknowledges the information and informs the
Club that no work is to be done to the access until the
claims can be validated.
Offered no comments to the letter by Clinton McLagan
City Attorney Letter to Frank Boyles and Paul dated October 28, 1996. Opinioned that "the Beach
1997 7 -Jan Lane as shown on the enclosed plat is still a public way
Hokeness which may be utilized and improved by the City for
access purposes to the shore of Prior Lake."
Committee discussed ways of reaching a compromise
(see tabbed). The short term solution was to install a
1997 4-Dec Lake Advisory Committee Minutes pole gate and the motion passed unanimously. Gates
~ (1 at Shady Beach St and another at lake) were
installed in December of 1997.
G:\Water_Bodies\LAC\ACCESS\Lake Access Timeline
~YEAR DATE SOURCE RESOLUTION/ACTIVITY
J1997 15-Dec Council Meeting Minutes Document 121597 Accepted LAC recommendation of closing access from
10pm-6am and installing the 2 gates.
Established task force to look at the issues associated
1998 4-May Regular Council Agenda with Shady Beach Access and report back to the
Council in July.
The following recommendations were passed for Shady
Beach Access (implemented October 1,1998):
* Access open 6 am to 10 pm daily year round
* Access controlled with a manual gate Dec. 15-Feb 28
1998 6-Jul Regular Council Agenda by closing gate between 10 pm and 6 am.
*Gates open March 1-Dec 14
*A11 access users have visible permit, max 500 permits,
$15 each
*New sign at access
1998 12-Nov Court Summons and Complaints Prior Lake Sl?ortsmans Club vs. City of Prior Lake
Explains the intent of the City in regards to the
Agreement of Oct. 2, 1989. "I think the intent of the City
1998 20-Nov City Attorney's response regarding Beach Council is clear. It did not recognize the validity of the
Lane Access Sportsman's Club easement..an easement in favor of
the public was conveyed when the subdivision was
platted in 1953."
"Sportsman's Club took legal action against the City on
the basis they had an easement over the
1998 March 6, 2006 City Council Agenda Report property(Shady Beach Access). Court of Appeals ruled
in favor of the City with the Court finding that the Club
( had no standing to bring legal action. They did not
have an easement over the property."
Issues regarding the Shady Beach Access was brought
2006 17 -Jan Regular Council Meeting Minutes to the attention of the Council by means of the public
forum. The question of trespassing and issues relating
to the use of the access was presented.
Directed staff to conduct research, conduct public
2006 6-Mar Regular Council Agenda meetings and make recommdations pertaining to Shady
Beach Access.
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G:\Water_Bodies\LAC\ACCESS\Lake Access Timeline
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O'Keefe added that the LAC is a tool for the City Council for review of issues
and that marketing of the LAC could help make residents aware of the LAC,
The goal of creating a yearly agenda is to keep the LAC meetings informative
for the members and yet stay within the confines of what the City Council
would like the LAC to be reviewing. The lake level issues, dock issues,
surface water regulations are topics which the LAC can be knowledgeable yet
not have a specific recommendations for City Council.
In addition to issues which the City Council would like the LAC to discuss, the
LAC outlined yearly topics to discuss in the upcoming year:
Nov 04 City Council Workshop
Dec 04 Marketing Ideas' Winter Organizations
Jan 05 Marketing
Feb 05 Capital Improvement Program
Mar 05 Lake Access' Docks
April 05 Surface Water Regulations - Sheriffs Department, DNR
May 05 Organizations Summer Usage
June 05 Lake level' Outlet Channel - WSD, DNR
(" July 05 Boat Tour
Aug 05 Open
Sept 05 Development Standards
Oct 05 Water Quality and Shoreline Restoration - WSD
Nov 05 Planning and Accomplishments
Dec 05 Open
Poppler stated at the joint meeting with the City Council, the LAC can share
this schedule with them as well as discuss the recent dock and boat slip
recommendations to the Council.
V. ANNOUNCEMENTS
VI. ADJOURNMENT
THE MEETING WAS ADJOURNED AT 8:00.
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Respectfully submitted,
Larry Pop pier
Assistant City Engineer
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91ve TIle
Prior Lake Clean Up Day
IIrIDg your etpdp-eDt and we will prowlde the
boats. Dive for...... A treasure. Trophles..d
prizes will he give. for varlo.. eate.orl... DIven
will reeelve free IUDe" an. .. eveat T..1drt.
Pre.re"'tradon retpdred.
.....-
Saturday June 10, 2008
Captabt .Jilek'. .. PrI.r Lake
a850 Gree. Heights Trail ,
aegIIJ.tt.. 8:00a.m.
DIve 8:30-11:30A.M.
AwardIJ and Luaeh 12:00
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Spoll8Ored. by the PrIor Lake AuoelatlOD ..
eooperadOD with tile Qty of PrIor L-Ile.
For re"'tratioa and "'dltlonal 1af0.....dOD eaII
Donne at .12.;&4....
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DOCKS: RULES & REGULATIONS
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DNR RESTRICTIONS WHICH APPLY TO PRIOR LAKE
SAaAnnslll nnr.kA and F.nating Strllr.tllrAA MIIAt-
. be removed from water on a seasonal basis (before winter freeze-up),
. have components which are removable from lake or streambed by non-mechanical means.
. not be a hazard to navigation or endanger public health and safety,
. not be placed where site is a posted fish spawning area,
. not include fuel handling or sewage facilities.
. not be used or intended to be used for human habitation, as a boathouse or as a marina.
. allow for free flow of water beneath it.
NOTE: Temporary structures which do not extend from the shore, such as: swim rafts, slalom
courses, ski jumps or buoys of any kind, may not be placed in waters of the state
between sunset and sunrise without a permit from the county sheriff. Those structures
not left I the water overnight are still required to be placed so that they do not create a
hazard on the water body or obstruvaVigation. Contact the Scott County Sheriffs
department for permit information..... tIIA
fill' ...
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PArmanAnt nnr.kA (nn .akAA nn.y) MIIAt-
. be a single linear structure not more than 6 feet wide.
. not exceed 50 feet in length, or extend into water that is more than 4 feet deep, whichever is
less.
. be no more than one dock per waterfront lot.
. not obstruct navigation or create a water safety hazard.
. Site is not a posted fish spawning area.
. not include fuel handling or sewage facilities.
. not be used or intended to be used for human habitation, as a boathouse, or as a marina.
. allow for free flow of water beneath it.
. be on a lake 500 acres or larger if dock is built on wood pilings.
. be on a lake 2,500 acres or larger, and site must preclude the use of a dock on wood pilings
if dock is built on rock cribs.
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Sometimes disputes regarding the installation of docks in front of adjacent properties occur.
Such disputes are best settled by first discussing your concerns with your neighbor. If your
neighbor is uncooperative, you may have to contact an attorney about the legalities of your
neighbor's actions.
For additional infonnation visit the DNR web site at: http'/Iwww dnr ~tatp mn ,.~/bnating html or call the
DNR Boat and Water Safety Section at 651-296-3336.
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,~' 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 neighbors.
4/27 Bernie Schwab Ongoing problems with
trespassing neighbors - police
r" 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 City,
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.
I Natural Resources setbacks and regulations.
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PRIOR LAKE CHLORIDE MONITORING RESULTS
SAMPLE LOCATION
ON CHLORIDE IN mg/L
Februa"l24.2OO1 43.4 42.8 39.4 38.7 37.2 40.1 37.2 37.1 36.5 33.1 34.2 33.2 37.2 36.5 37.6
March 23J 2001 39.6 42.5 44.3 35.4 40.5 38.9 39.6 36.3 37.6 43.3 39.1 33.4 30.8 71.3 63.2 42.6
May 1. 2001 32.9 31.8 30.8 31.6 30.9 31.4 30.8 29.9 30.6 28.4 28.6 28.8 28.5 30.7 30.7 30.3
May 30. 2001 33.2 31.3 32.2 32.8 32.2 32.4 32.7 31.2 30.9 31.1 31.6 30.6 30.5 32.0 31.6 31.7
June 29. 2001 33.8 33.0 33.1 32.8 32.6 32.6 33.1 31.5 31.4 30.6 30.1 30.2 30.2 30.2 30.6 31.6
JulY 30. 2001 34.8 36.1 36.0 36.0 34.7 35.4 35.3 32.8 33.2 31.6 31.6 32.2 31.2 33.6 32.9 33.8
Seotember 5.2001 36.6 37.0 37.9 35.8 35.1 35.8 35.9 32.3 31.8 30.2 31.9 31.7 32.1 33.4 33.0 33.9
Seotember 27. 2001 34.5 52.7 37.3 36.3 34.2 34.6 35.8 31.2 33.0 30.6 30.8 30.6 31.6 30.3 30.0 34.2
Noyember 1. 2001 37.9 44.9 41.7 37.6 38.2 38.0 38.3 34.8 34.4 34.8 34.3 34.2 34.7 33.8 34.3 36.7
Noyember 30..2001 36.8 37.6 49.2 36.4 36.6 37.1 36.6 32.7 32.4 32.6 32.6 33.4 33.2 33.6 35.7
Februarv 1. 2002 40.3 44.0 45.0 38.6 38.3 37.8 42.9 36.6 36.5 33.8 34.7 34.1 35.9 42.9 41.9 38.8
March i. 2002 39.0 82.0 85.0 35.4 41.3 34.0 39.0 29.7 34.5 33.2 35.5 34.1 36.4 36.8 39.4 42.6
Aoril. 2002 (No tests taken) 0.0
May 8, 2002 38.3 38.4 39.3 38.8 38.1 38.1 38.0 32.5 33.3 33.1 32.4 32.3 33.1 43.8 43.9 36.8
June 11 c 2002 42.8 54.8 52.8 41.0 40.2 41.4 41.1 35.4 34.7 35.0 34.5 35.0 34.9 54.5 53.5 42.1
July 17. 2002 40.1 40.1 40.0 38.6 38.5 37.5 38.1 33.5 33.5 32.0 32.3 32.1 32.3 56.3 55.9 38.6
AuQUst9.2002 39.3 38.7 38.6 37.8 37.9 37.5 37.6 32.7 32.6 32.5 32.7 34.2 32.6 46.5 38.1 36.4
Seotember 4. 2002 31.7 32.4 32.2 32.8 30.4 30.1 30.5 30.2 31.9 30.1 31.2
October 2. 2002 29.0 29.4 29,5 33.4 33.0 32.8 32.6 31.6 31.4 30.4 30.8 30.2 29.9 28.0 28.0 30.8
February 3c 2003 34.9 40.0 40.5 39.1 48.6 41.0 41.6 35.9 37.5 36.7 39.2 31.5 36.0 41.4 40.1 39.2
May 3. 2003 37.3 37.5 38.7 36.9 37.5 39.6 38.2 34.5 33.8 33.2 33.8 34.5 33.7 43.7 44.9 37.2
IJulY 2, 2003 36.9 36.6 36.6 37.7 37.4 37.6 37.9 34.3 34.5 33.9 37.1 33.6 42.3 42.4 37.1
IAuaust 3. 2003 37.0 37.5 35.7 36.7 37.0 36.3 36.0 33.4 33.8 33.1 33.1 33.5 33.2 40.6 40.8 35.8
ISeotember 3.2003 38.5 38,3 39.3 38.9 38.9 39.7 37.1 36.7 35.9 36.5 35.8 35.0 42.7 43.5 38.3
IOctober, 2003
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January 18. 2004 46.1 44.2 41.7 43.0 43.5 42.8 40.9 39.9 39.4 39.8 38.2 52.1 53.2 43.2
March 22. 2004 47.4 39.0 40.8 27.3 26.1 25.1 26.3 28.2 35.7 41.2 37.0 32.7
JulY 5. 2004 42.7 42.1 39.1 41.4 41.2 40.9 41.1 37.9 38.3 37.6 37.1 36.3 36.7 79.9 79.9 45.0
Aullusi 1. 2004 41.5 41.7 42.4 43.1 42.7 40.2 40.2 36.9 37.0 37.2 36.5 36.4 36.3 64.7 64.3 42.8
Aullust 19. 2004 43.7 43.8 42.1 41.6 42.8 42.3 38.4 38.2 38.1 37.8 37.9 38.1 65.0 65.5 44.0
Seoiember 30. 2004 42.6 43.6 42.0 42.9 40.9 41.2 38.6 39.0 38.4 37.8 38.2 37.8 51.5 51.6 41.9
January 11.,2005 45.4 46.1 43.1 44.6 43.3 41.9 38.7 39.5 52.7 53.5 44.9
March 31J 2005 33.3 57.9 35.6 34.6 24.6 21.3 25.8 42.6 42.3 38.9 35.7
May 2. 2005 41.0 40.5 39.7 39.8 40.4 40.4 35.5 36.8 36.0 36.3 35.8 35.8 49.4 49.6 39.8
June 7...2005 41.4 41.6 42.1 42.2 42.6 41.7 36.9 37.4 36.4 37.2 37.7 36.0 56.0 55.8 41.8
July 7, 2005 47.7 45.6 42.0 43.1 49.3 50.7 50.1 38.5 42.8 41.8 45.8 40.9 44.3 75.2 85.1 49.7
July 28, 2005 44.6 46.5 45.3 44.6 44.4 43.5 43.9 38.7 38.9 39.0 37.7 39.2 38.8 68.2 72.8 45.8
October 12, 2005 40.1 38.7 38.8 39.7 39.6 36.4 36.1 37.5 35.6 35.4 3.0 34.1 27.1 33.5
Januarv 5. 2006 38.8 48.0 39.0 41.8 41.3 41.6 42.2 35.9 37.3 45.7 42.2 37.2 36.9 40.6 41.5 40.8
Januarv 30" 2006 43.9 44.8 44.7 48.7 44.9 46.2 46.0 44.2 42.3 40.3 41.9 40.3 40.9 41.1 43.6
Aoril 27. 2006 43.3 44.1 42.4 43.8 45.4 44.5 44.8 41.2 41.4 39.8 38.0 38.9 39.3 43.1 42.3 42.1
Engineering Department
MEMORANDUM
City of Prior Lake
17073 Adelmann St SE
Prior Lake, MN 55372
TO:
Ralph Teschner, Finance Director
FROM:
Larry Poppler, Assistant City Engineer
DATE:
April 20, 2006 - Revised
RE:
2007 - 2011 Capital Improvement Program
",-.The Lake Advisory Committee (LAC) at their recent meeting on April 18th, 2006 recommended that a web
;amera be added to the Capital Improvement Program (CIP) in the year 2007. While the location and
therefore the costs for the web camera have not been defined, the LAC recommends that $5,000 be added to
the 2007 CIP.
The web camera idea has been discussed for a couple of years by the LAC. The idea is that the web camera
would be placed at an elevated location where optimal visibility can be achieved. Locations discussed include
the Crest Water Tower, the Yacht Club Island, Captain Jacks, and the Wagon Bridge area. The location of the
camera dictates the price as the costs of cable vary by location. A wireless connection may be necessary for
some of the potential locations.
The image from the web camera could be seen at the City of Prior Lake website. The web page could include
sponsoring private business logos. Although no agreements have been made, private sponsors could end up
paying a good portion of the upfront costs for the web camera. The web page also could include lake
information, LAC meeting notices, water quality tips, or upcoming lake events.
The web camera would allow lake users to view lake conditions from a remote location and could be a great
promotional tool for the City of Prior Lake.
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G:\Water_Bodies\LAC\CIP memo 042006.doc