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A Lake Susan ProjectMEMORANDUM CITYOF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 lax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www. ci.chanhassen.mn.us To: From: Date: Re: Todd Gerhardt, City Manager Lori Haak, Water Resources Coordinator_~t] July 7, 2003 Water Surface Use Management Regulation on Lake Susan BACKGROUND On April 14, 2003, Mr. A1 Klingelhutz addressed the City Council regarding erosion on Lake Susan. Mr. Klingelhutz requested Council consider a slow/no wake ordinance for Lake Susan at their April 28, 2003 meeting. Staff requested the Council receive additional information on the issues facing Lake Susan and possible solutions prior to considering a slow/no wake ordinance on the lake. On April 21, 2003, City staff prepared a memo outlining the issues facing the lake, recent projects done on the lake and potential strategies to address the issues (Attachment 1). The purpose of this presentation is to provide additional information on the procedure for establishing water surface use management regulations and opportunities for cooperation with public and private entities to address Lake Susan's issues. In addition, City staff is requesting direction from the City Council regarding its perspective on water surface use regulation on Lake Susan. Lake Susan is a 93-acre lake with a maximum depth of approximately 17 feet. Historically, it has been used for fishing and canoeing, with limited full- contact use (swimming, waterskiing). Lake Susan Park and the trail along the north side of the lake are heavily used for picnics, tennis and other forms of recreation. The lake supports the state-protected Lotus Lily in several patches along its west side. WATER SURFACE USE MANAGEMENT REGULATION The regulation of water surface use by the City is possible; however, any proposed regulations must be reviewed by the Minnesota Department of Natural Resources (DNR) after the City receives public comment on them. Some examples of potential water surface use regulations include slow/no wake ordinances, speed limits and motor size restrictions. On Lake Susan, it The Cily of Chanhassen ,, A orowino community with clean lakes, quality' schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Todd Gerhardt Water Surface Use Management Regulation on Lake Susan July 7, 2003 Page 2 of 4 is anticipated that any proposed change in surface use regulation would draw comments from persons both for and against such regulation. While the details regarding such regulations are attached (Attachments 2 and 3), below is a summary of the five step process that must be followed for changes to water surface use management regulations. Propose New Ordinance. The City is authorized by Minnesota Statute 6110.3000 through 6110.3800 and Minnesota Statute 459.20 to regulate lake surface water use. For any lakewide regulation to apply, the City must demonstrate that the ordinance is necessary in order to address "a hazard to persons, property, or the natural resources; or where it has been determined that such control(s) would enhance the recreational use and enjoyment of the majority of users" (M.S. 6110.3700, Subpart 7). The City must demonstrate that it has considered: Physical characteristics of the lake; · Existing development of the lake; · The owners of the shoreline; · Other regulations and management matters that affect the lake; · Accident history of the lake; · Watercraft use on the lake; and · Public opinion/conflicts regarding the situation on the lake. These considerations are outlined in more detail in M.S. 6110.3600, Subpart 1. A sample ordinance for water surface use management (Attachment 3) and the slow- no wake ordinance for Medicine Lake (Attachment 4) are attached. Public Comment Period. A public comment period is required prior to DNR review of proposed water surface use regulations. Public heating notice must be posted in the local paper at least two weeks prior to the public hearing. Ail public comments must be submitted to the DNR for their consideration. DNR Review. Following the public comment period, the following information must be submitted to the DNR for their review, consideration and comment: · A water surface use worksheet discussing the items listed under 4/1 and a map of the water body that highlights the affected areas; · A statement explaining the necessity for the ordinance and the solution to the problem the proposed ordinance will offer; · A copy of the proposed ordinance; and · An account of the public hearing held concerning the proposed controls, including an account of the statements of each person who testified. Todd Gerhardt Water Surface Use Management Regulation on Lake Susan July 7, 2003 Page 3 of 4 DNR Approval The DNR will notify the City in writing within 120 days as to whether or not the proposed ordinance is approved. If no word is received within 120 days, that will be considered an approval. City Adoption. To adopt the DNR-approved ordinance, the City must: · Give public notification of the ordinance; · Place signs at the public watercraft launch site(s) that outline the essential elements of the ordinance; and · Have the City Council adopt the ordinance into the City Code. Staff Recommendation and Implications If the City Council desires to pursue water surface use regulation on Lake Susan, staff recommends the Council adopt a high water slow-no wake ordinance, similar to the one adopted in the City of Plymouth for Medicine Lake (Attachment 4). The ordinary high water level (OHW) of Lake Susan is 881.8. The recommended elevation at which the ordinance would become effective is 0.2 feet above the OHW, or 882.0. A graph showing the water level at Lake Susan over the past 10 years is attached (Attachment 5). The data points used in constructing the graph are also attached (Attachment 6). Those dates on which the water level was above the OHW appear at the top of the spreadsheet; the dates on which the recommended slow-no wake ordinance water elevation was reached are indicated by asterisks. From this data, it is unclear how many dates would have seen the slow-no wake ordinance in effect since the duration of high water is not known. It is anticipated that such an ordinance would pose challenges both for enforcement and for response to citizen expectations. City staff would be required to read the lake level gauge on a regular basis (potentially including evenings, weekends and holidays) and be ready to react by posting appropriate signage and alerting the Sheriff's Office in times of high water. City staff alone is not equipped to enforce watercraft regulations. The Carver County Sheriff's Office water patrol does not typically mobilize until May or June, when springtime lake levels have subsided. In addition, there are very few deputies assigned to water patrol in Carver County. Since the County contains many lakes, the time allotted to each lake is extremely limited. OPPORTUNITIES FOR COOPERATION Public Entities Biostabilization techniques (including native plantings, vegetated crib walls, vegetated geogrid and dormant dogwood and willow staking) are popular and effective methods to slow, if not arrest, shoreline erosion. Some techniques also incorporate riprap to provide additional stability. Riprap with dormant staking is currently the method under Todd Gerhardt Water Surface Use Management Regulation on Lake Susan July 7, 2003 Page 4 of 4 investigation for use along the city trail on the northern shore of Lake Susan. The Riley- Purgatory-Bluff Creek Watershed District (RPBCWD) has provided preliminary estimates of the cost to stabilize two areas on Lake Susan: the southeast shore ($172,470) and the northern shore ($128,813). The District Engineer for the RPBCWD indicated that the District Board of Managers would likely be willing to contribute up to $40,000 toward a bank stabilization project on Lake Susan. Private Entities In addition to City and/or watershed district-sponsored shoreline stabilization projects, the City may wish to offer incentives to homeowners to encourage the use of native vegetation to stabilize their shorelines. Staff is aware of several programs of this type in the seven county metro ama and will investigate them further if the Council desires. The benefits of effective public education in this subwatershed cannot be overstated. Them are many individual property owners in residential portions of the subwatershed. Each property owner makes decisions daily that impact water quality in Lake Susan. Through the Chanhassen Connection, Chanhassen Villager, City web site and direct mailings, the City educates residents about the impacts of their actions on water quality. ATTACHMENTS 1. April 21, 2003 Memorandum Regarding the Management of Lake Susan 2. Water Surface Use Summary, Minnesota Department of Natural Resources 3. Water Surface Use Rules and Statutes, Minnesota Department of Natural Resources 4. Regulations for Medicine Lake, City of Plymouth 5. Graph: Lake Susan Water Levels, 1993 to 2002 6. Data: Lake Susan Water Levels, 1970 to 2001 CITYOF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952,227.1110 Building Inspections Phone: 952,227.1180 Fax: 952,227,1190 Engineering Phone: 952.227.1160 Fax: 952,227.1170 Finance Phone: 952,227.1140 Fax: 952.227,1110 Park & Recreation Phone: 952.227.1120 Fax: 952,227,1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227,1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952,227.1310 Senior Center Phone: 952.227.1125 Fax: 952,227.1110 Web Site www. ci.chanhassen,mn.us MEMORANDUM To: From: Date: Todd Gerhardt, City Manager Lori Haak, Water Resources Coordinator~j~ April 21, 2003 Re: Management of Lake Susan BACKGROUND On Apri1 14, 2003, Mr. A1 Klingelhutz addressed the City Council regarding erosion on Lake Susan. Mr. Klingelhutz requested Council consider a slow/no wake ordinance for Lake Susan at their April 28, 2003 meeting. Staff requested the Council receive additional information on the issues facing Lake Susan and possible solutions prior to considering a slow/no wake ordinance on the lake. ISSUES FACING LAKE SUSAN Lake Susan is Historically, il contact use (s~ north side of recreatign. along its west Erosion Certainly erosion recently. The small depth, contribute lakeshore is feet. the Erosion stability Erosion also is sanitary sewer could cause the line to integrity of the recreational addressed within the next few the the The City of Chanhassen * A growing community with clean lakes, quality schooJs, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and Dlay. Todd Gerhardt Management of Lake Susan April 22, 2003 Page 2 of 5 Water Clarity Water claritY is an important indicator of the health of a lake and its recreational capabilities. If light is able to penetrate the water, aquatic Plants can grow and contribute dissolved oxygen to the lake. Decreased water clarity can be caused by suspended sediment, as well as high levels of bluegreen algae. Algae not only block light but also make the lake appear less suitable for recreational use. Historically, the water clarity of Lake SuSan during the summer months has been poor. For a lake like Lake Susan, it is reasonableto expect summer transparencies between five and seven feet, with a few weeks of three to four foot transparencies. Lake Susan's water clarity was in the three to four foot range for a majority of the summer during summers prior to 1998. Roughfish Until 1998, one of the primary contributors to poOr lake quality was. the large population of carp that resided in Lake Susan. Carp graze heavily on the aquatic vegetation on the lake bottom and along the shorelines. This causes a decrease in aquatic vegetation, which has many effects including decreases in dissolved oxygen, decreased stability of the shoreline, decreased habitat for other species of fish and an increase in the amount of nutrients and suspended sediment in the lake. The presence of carp in Lake Susan is not a new problem. Between 1947 and 1998, over 128,000 pounds were removed from Lake Susan. Subwatershed Perhaps even more important to lake quality than the lake itself are the 1,215 acres of Chanhassen that outlet directly into Lake Susan. The 13:1 watershed,to-lake ratio makes the lake highly susceptible to adverse impacts from the watershed. Agricultural use of the subwatershed until the 1980s contributed sediment and nutrients to the system, while single family residential land uses in the past 20 years have continued to feed nutrients into the lake. Prior to in-lake aluminum sulfate treatments in 1998 to reduce phosphorus concentrations, the summer phosphorus average was 92 ppb. (Summer average phosphorus concentrations should ideally be closer to 50-60 ppb or less.) Lake Susan also receives water from Riley Creek. Riley Creek originates at the south edge of Lake Lucy, flows through Lake Ann and travels through an industrial portion of Chanhassen to Lake Susan. The indirect drainage area that drains into Lake Susan from Riley Creek is an additional 1,229 acres. The quality of water in Riley Creek has a direct impact on water quality in Lake Susan. RECENT PRO,[ECTS RELATING TO LAKE SUSAN In 1998, the City began several projects aimed at improving the aquatic plant community, game fish populations and water quality in Lake Susan. Four projects were conducted Todd Gerhardt Management of Lake Susan April 22, 2003 Page 3 of 5 during 1998: 1. Winter carp and bullhead harvesting; 2. Spring bullhead trapping; 3i Carp barrier placement; and 4. Whole-lake alum application. As a result of these projects, the summer average phosphoms concentration was 36 ppb, the lowest on record. In addition, the average summer secchi depth exceeded 6 feet. In 1999, another bullhead removal occurred and the carp barrier at the outlet of Lake Susan was improved. The phosphorus concentrations and secchi depths remained lower than the historical average. A third roughfish removal occurred in 2000. Once again, the phosphorus concentrations and secchi depths remained lower than the historical average. The submerged aquatic plant population was sparse and this remained a concern for the City. In 2002, the City received a $25,600 Aquatic Plant Restoration Grant from the Minnesota Department of Natural Resources (DNR). The goals of the project were to stabilize the shoreline of Lake Susan near the public access and fishing pier, establish a diverse native plant community within the lake and along the shoreline, promote the expansion of aquatic plants within the lake and determine whether roughfish or water clarity have been more limiting for the growth of aquatic plants. Planting began in Fall 2002 and will continue through Spring 2003. Also in 2002, a development within the Lake Susan watershed proposed to route its storm water to the regional storm water pond (Pond LS-P3.34) within Lake Susan Park. This prompted a survey of the storm water pond. The survey showed that the pond was not constructed in accordance with the City's Surface Water Management Plan (SWMP) and therefore was not providing the level of water quality treatment set forth in the SWMP. In order to accommodate new development in the subwatershed and provide adequate water quality treatment to the rest of the subwatershed, the City ordered a consultant to prepare plans for the reconstruction of the pond. The contract for this project was awarded on April 14 and work is scheduled to begin mid-May. POTENTIAL STRATEGIES For each issue facing Lake Susan, there are a myriad of potential lake management strategies that may be used. Listed below are several strategies that would be most plausible on Lake Susan with brief descriptions of each. Water Surface Use Regulation The regulation of water surface use by the City is possible; however, any proposed regulations must be reviewed by the Department of Natural Resoumes after the City receives public comment on them. Some examples of potential water surface use regulations include slow/no wake ordinances, speed limits and motor size restricti°ns. '2. Todd Gerhardt Management of Lake Susan April 22, 20O3 Page 4 of 5 e J On Lake Susan, it is anticipated that any proposed change in surface use regulation would draw comments from persons both for and against such regulation. Biostabilization of Shoreline/Native Plantings Biostabilization techniques (including native plantings, vegetated crib walls, vegetated geogrid and dormant dogwood and willow staking) are popular and effective methods to slow, if not arrest, shoreline erosion. Some techniques also incorporate riprap to provide additional stability. (Riprap with dormant staking is currently the method under investigation for use along the city trail on the northern shore of Lake Susan.) In addition to ongoing and future City-sponsored shoreline stabilization projects, the City may wish to offer small grant-type incentives to homeowners to encourage the use of native vegetation to stabilize their shorelines. Water Quality Monitoring The City, Riley-Purgatory-Bluff Creek Watershed District and DNR have shared water quality monitoring responsibilities for Lake Susan for many years. The water quality data provides a long-term perspective on how lake quality is faring over the years. It is anticipated that the City will continue to monitor Lake Susan on a regular basis in order to provide baseline data for water quality comparisons. Pond Maintenance Maintenance of storm water ponds in the subwatershed (such as the 2003 reconstruction of Pond LS-P3.34) will provide some benefit to water quality in Lake Susan. However, since Pond LS-P3.34 provides more water quality treatment than other ponds in Lake Susan's direct subwatershed, the benefits of maintaining other ponds will be dwarfed by the benefits of reconstructing Pond LS-P3.34. Regardless of any decisions regarding ponds within Lake Susan's watershed, pond inspection and maintenance will become a higher priority over the next five years as the City's NPDES Phase II Storm Water Pollution Prevention Program (SWPPP) is implemented. Public Education The benefits of effective public education in this subwatershed cannot be overstated. There are a large number of individual property owners in residential portions of the subwatershed. Each property owner makes decisions daily about practices that will impact water quality in Lake Susan. Through the Chanhassen Connection, Chanhassen Villager, City web site and direct mailings, the City educates residents about the impacts of their actions on water quality. The City is undertaking in 2003 a new, neighborhood-based storm water quality education program called Project H20 (Homes to Oceans). The purpose of the program is to educate residents about watersheds, influences on water quality and ways individual residents can improve storm water quality. If the Project H20 pilot Todd Gerhardt Management of Lake Susan April 22, 2003 Page 5 of 5 program is effective, it is likely that residents within the Lake Susan subwatershed would eventually be involved in a program such as this. ATTACHMENTS 1. April 14, 2003 City Council minutes 2. Table outlining lake-related expenditures, 1990 to 2003. City Council Meeting - April 14, 2003 Mayor Furlong: Thank you. Are there any questiOns at all? Okay, very good. Thank you. Congratulations. That'd be great, thank you very much. Are there any other visitor presentations this evening? Mr. Klingelhutz, good evening. A1 Klingelhutz: A1 Klingelhutz, 8600 Great Plains Boulevard. I see there was something on the agenda tonight about Lake Susan pond but I guess Mr. Wentz, my neighbor on the lake, he's out of town and he presented me with'some facts on Lake Susan which I already knew about. We're having a considerable mount of erosion down there. We believe that there should be no wake when the water's above a certain level. Last year when the tournament was held down there, the water was over my dock and I had 6 feet of water on my shore, and boats were going continuously for 2 days and it didn't really help any about the erosion on thb lake~ There's one thing we'd like to ask the city to, is not allow any more tournaments on Lake Susan because of the size of the lake and the damage it's been doing. Mr. Wentz went clean around the lake last winter and walked the shore and took several pictures. He didn't give me a copy of these pictures but it showed, especially on the north side of the lake there was considerable, erosion. I believe :the city did have some erosion work done on Lake Susan, and there was an estimate for 500 feet of control on the north side of the lake. The price was $74,719. And the next 1,000 feet the estimate was $128,812. I think a lot of these problems could be avoided if we had a no wake on the lake when there was a high water like we had several times last summer. I'd like to get on the council agenda 'possibly the next meeting and see if we can solve some of these problems. I'm sure it could even be a public hearing if .you wanted to hold one, and notify all the lakeshore owners. I don't know if that's necessary but we don't want to throw the baby in the bath and exclude all activities on the lake. It's just the fact that we'd like to at least somehow control what's going down there and avoid all the erosion that's taking place, which in time could possibly really affect the quality of the water down there. There's a lot of money been spent on Lake Susan. In fact they sealed the bottom of the lake here some years ago which improved the quality of the water maybe 120 percent, but spending 'these kind of dollars for erosion control when it can be done much more, maybe not much more effectively than putting complete erosion control clean around the lake. I think could be many dollars saved so I would like to get on the council agenda. I believe it will be the 28t~? Mayor Furlong: That is our next meeting, yes. Yes sir. I know the council is aware of some erosion problems. We have a trail that goes along the shoreline there. We've dealt with, is there some comment at this time? Kate Aanenson: Yeah. To do a heating, a public hearing on no wake in 2 weeks is impossible. Yeah. We're doing a couple prong approach. One is Lori, the Water Resource Coordinator is working on some of the erosion problems besides planting immediate. A1 Klingelhutz: Notify the watershed district too because we've presented this to the watershed district and they said we should really do something and they'll have a representative here too. Mayor Furlong: And I believe the council received a letter from the watershed district, Mr. Wentz presented there. I know he sent a letter to each of us. Kate Aanenson: Right, but I think there's a little bit more background work that needs to be done before we have a public heating in 2.weeks about no wake. Councilman Peterson: We already have a no wake ordinance though don't we? City Council Meeting - April 14, 2003 Kate Aanensom There is two different ones for people that live on the lake and then the motor Size if you're launching a boat. So there's some different issues. It's a little 'bit more complex and I think we need to spend a little bit more time. The Water Resource Coordinator is working on that issue and I'd like to bring the City Council up to date of what we're doing that. There's some things that Loft's got in the works right now besides the planting that he's talking about that we've got the DNR and I think that would probably be even more productive, kind of show you what direction we're moving first. Certainly a no wake is an option that could be considered. Mayor Furlong: Your issue is we may not be ready at the next council meeting in 2 weeks to make a decision on and I think that' s. Kate Aanenson: Maybe at a work session we could do that but yeah. Mayor Furlong: Well we'll want to move quickly because spring is coming and boating season is coming so. A1 Klingelhutz: The one thing I'd like to have you do though is not sign any contract with the, I believe it's Minnetonka Boat Works that's been holding these tournaments down there before we have that meeting. Councilman Ayotte: That's a fair statement. A1 Klingelhutz: And you'd better talk to the park board about that. Todd Gerhardt: That application comes back to the City Council every year for your approval. A1 Klingelhutz: I'd like to reada short letter that Mr. Wentz wrote. In the past years a group or club of wake boarders and water skiers have been permitted to hold a 2 a day tournament on Lake Susan. In consideration of the high wave action created by this event and the considerable shoreline erosion developing on the lake, it is requested that a permit not be accepted. If requested this year or until the lakeshore can handle the wave action and not further erode the shoreline. Mayor Furlong: Okay, thank you. A1 Klingelhutz: You don't think you can get it on by the 28th then huh? Kate Aanenson: No. There's just a lot of other issues that the council needs to get up to speed on. A lot of other background data but we are aware. Loft's working with the watershed district right now with some other immediate erosion problems. Al Klingelhutz: When we went to the watershed district last week, that was the date they suggested to have... Kate Aanenson: Al, I'd be happy to give you a call tomorrow and tell you what we're doing. A1 Klingelhutz: Okay, thank you. Roger Knutson: Mayor, just to point out one of the complicating issues in doing this is we need DNR approval to adopt any ordinance. City Council Meeting - April 14, 2003 Kate Aanenson: Right', that's what I'm saying. It's a little more complex. Roger Knutson: You have to go through an application proceSs and other things so it takes a little longer than normal. Mayor Furlong: Okay. Thank you. Are there any other, thank you Mr. Klingelhutz. Any other presentations? Visitor presentations this evening. If there are none we'll close visitor presentations and move on in our agenda. CONSIDERATION OF CONTRACTS WITH CARVER COUNTY SHERIFF'S DEPARTMENT: 2003 POLICE CONTRACT. ADDENDUM TO PROVIDE FOR A CHANHASSEN SERGEANT 2003 WORK PLAN. Mayor Furlong: This was an item tabled from our last meeting I believe. Is there an uPdate to the staff report. · Todd Gerhardt: Yes Mayor, Council members. Attached in your packet is the 2003 police contract with Carver County Sheriff's office. Highlights of the 2003 contract include a 2.8 percent increase over the 2002 contract. No hourly change from 2002. Total hours are 17,520 hours. Staff recommends approval of the 2003 contract. Mayor Furlong: Are there any questions of staff at this time? Councilman Lundquist: Mr. Mayor I had the, I asked for the item to be tabled last time and staff did a good job of getting those questions answered so. Mayor Furlong: Okay, very good. We'll bring it back to the council. Any discussion on the item? Councilman Ayotte: If I may Mayor. I had a conversation with Sergeant Olson today. First off, a lot of folks realize that I've been critical of public safety, not with respect to the service we purchased but the concern I have in the area and I've got to tell you, Sergeant Olson and others have done a great deal of, to improve it and I'm hoping that somehow the information this council receives with respect to what's going on in public safety gets to the public. I know we've got the Villager now putting in some information on occasion on a weekly basis, but the substance of this stuff is a quantum leap to where it was before. In large part from a little bit of prodding from a Hennepin County deputy, but I really'would ask that we would see how we can communicate the value that's in these documents, and the actions coming out of it. There's been a lot of, not just paper but action out of Olson and others so I hope we can do something about that. Mayor Furlong: Okay. Any other comments or discussion from the council? Councilman Lundquist: Motion to approve the 2003 police contract, addendum to provide for a Chanhassen Sergeant and the 2003 work plan. Mayor Furlong: Is there a second? Councilman Ayotte: Second. Ex 3enditures by Lake LAKE I YEARI PROJECT I COST I NOTES Ann 1998 Lake Management Plan $ 2,500 Ann 2003 Regional pond construction $ 60,000 Feasibility phase. Estimated cost. Christmas 1996 Curry Farms Pond $ 17,765 Internal design. Construction by Street Dept. Christmas 1996 Pleasant View Road Ravine $ 41,1t7 Christmas 1996 Lake Management Plan $ 3,500 Christmas 1997 Holly Lane $ 82,000 Incomplete. Lotus 1992 Milfoil treatment $ 648 Lotus 1993 Frontier Trail $ 19,459 Design cost. Construction completed by Street Dept. Lotus 1993 Milfoil treatment $ 3,000 Estimated. Lotus 1994 Chaparral Pond $ 6,000 Internal design. Construction by Street Dept. Lotus 1995 Yuma Drive $ 30,207 Design cost. Construction completed by Street Dept. Lotus 1995 Lotus Ravine $ 21,911 Design cost. Construction completed by Street Dept. Lotus 1995 Chanhassen Pond Park outlet $ 457 Design cost. Construction completed by Street Dept. Lotus 1995 Lake Management Plan $ 9,430 Lotus 1996 Fox Path $ 2,570 Lotus 2002 Pleasant View Road Pond $ 48,000 Internal design. Construction by Street Dept. Estimated cost. Lotus 2003 Regional pond construction $100,000 Feasibility phase. Estimated cost. Lucy 1998 Lake Management Plan $ 2,500 Minnewashta 1995 Milfoiltreatment $ 2,529 Minnewashta 1995 Lake Management Plan $ 9,430 Minnewashta 1996 Milfoiltreatment $ 2,384 Minnewashta 1997 Water quality projects $130,000 Minnewashta 1998 Milfoil treatment $ 2,457 Estimated. Minnewashta 1999 Milfoil treatment $ 2,456 Estimated. Minnewashta 2000 Milfoil treatment $ 1,631 Minnewashta 2001 Milfoil treatment $ 1,629 Minnewashta 2002 Milfoil treatment $ 1,203 Riley 1991 Milfoil treatment $ 812 Riley !1995 Lake Management Plan $ 9,430. Riley !1998 Lake Riley Wetland $ 31,000 St. Joe 1998 Lake Management Plan $ 1,198 Susan 1996 Powers Blvd. Wetland Restoration $ 32,000 Design cost. Construction completed by Street Dept. Susan 1998 Lake Management Plan $ 3,500 Susan 1998 Alum treatment $ 39,358 Susan 1998 Carp/bullhead harvesting $ 500 Susan 1998 Carp barriers $ 3,786 Susan 1999 Lake monitoring $ 4,926 Susan 1999 Bullhead harvesting $ 500 Susan 2000 Bullhead harvesting $ 1,390 'Susan 2000 Lake monitoring $ 2,180 Susan 2002 Lakescaping project $ 50,000 $25,600 DNR grant. In progress. Estimated cost. Susan 2003 Regional pond reconstruction $150,000 In progress. Estimated cost. $ 935,362 Page I 04/23/2003 Z 0 a~ Z LU Water Surface Use Rules And Statutes Minnesota Department of Natural Resources 500 Lafayette Ro'ad St. Paul, MN 55155-4046 Dear Water Surface Use Manager: Each year the Minnesota Department of Natural Resources CDNR) receives numerous inquiries regarding water surface use management. This packet contains general information concerning the rules and statutes that may govern the water surface of lakes and rivers in Minnesota. Water surfaces are managed through numerous statutes and m-les. Minnesota Rules parts 6110.3000- .3800, Water Surface Use Management (WSUM) Rules describe the goals of the rules, require an assessment of the water surface use conditions, and establish water surface management stan'dards or parameters, which may be included in an ordinance. For more specific information, a copy of the statutes and rules' are enclosed. Governmental units formulating, amending or deleting controls .for water surface use must submit the following information to the DNR for review prior to adopting a proposed WSUM ordinance: · A water surface worksheet with a map of the water body, highlighting the affected areas. · A statement explaining the necessity for the ordinance and the solution to the problem this .ordinance will offer. · A copy of the' proposed ordinance (sample wording is included). · An account of the public hearing held concerning..the proposed controls, including an account of' the statements of each person who testified. When more than one governmental unit is involved in adoPting an ordinance, all the governmental units with juriSdiction over the particular body of water must agree with the ordinance. All the governmental units must submit the required infonuation to the DNR for approval. Enclosed is an example of a WSUM ordinance that was approved by the. DNR. If for some reason the DNR denies the proposed ordinance, then the denial will be sent in the form of a letter, which will explain the reasons for denial. The governmental unit may amend the proposed ordinance in accordance with the denial letter and resubmit the proposed ordinance.for a second review by the DNR. The DNR will notify the governmental Unit in writing of apProval or denial, within 120 days after receiving all of the above, information. Failure of the~DNR'to notify the govemental unit shall be considered approval. The governmental unit adopting an ordinance must provide for notification of the ordinance to the public, which involves placing signs at public watercraft launch sites outlining essential elements of the ordinance. For further information about water surface use management, call me at the DNR, Boat and.Water'Safety Section at (651) 296-0905 or e-mail me at: kim.elverum~dnr.state.mn.us. Sincer~~ K~im A. Elverum L Boat and Water Safety Coordinator Enclosures WATER SURFACE USE MANAGEMENT 6110.3000 POLICY. ~ It is.the Policy of this state to promote full use and enjoyment &waters of the state, to Promote safety fo~- persons and property in connection with such use, and to promote uniformity of laws relating to · such use. Statutory Authority: M.S..§ 361.25 6110,3100 ScoPE. AS part of implementing that policy, Minnesota Statutes, sections 378.32 and 459.20 authorize counties, cities, and towns to regulate by ordinance the use of sUrface waters by watercraft, upon approval of any such ordinance by the commissioner. Minnesota Statutes~ section 361.26, subdivision 2a authorizes the commissioner to regulate Such use' by rule, upon request of a county, city o~ town, and after the rule is approved by the majority of the counties affected. Parts 6110.3000 to 6110.4200, however, shall not apply to units of government other than cOunties, cities, and towns, or to' countieS, cities, or towns adoPting ordinances identical to and on the same body of water as a lake conservation district 6rdinance.. Statutory Authority: M.S. § 361.25 6110.3200 GOAL OF WATER SURFACE IJSE MANAGEMENT. The goal of water surface use managemeni shall be to enhance the recreational use, safety,, and enjoyment of the' water surface of Minnesota and.to Preserve these water resources in a way that reflects the state's paramount concern for the protection of its natural resources. In pursuit of that goal, an' · ordinance or rule shall: A. where practical and feasible, accommodate all comP~atible recreational uses; B. minimize adverse impact on natural resources; C. minimize conflicts between users in a Way that provides for maximum use, safety, and enjoyment; and' D, conform to the standards set in part 6110.3700. · ' Statutory Authority: M.S. § 361.25 ~10.33'00 STATUTORY AUTHORITY. Parts 'of 6110.3000 to 6t 10.4200 are required by Minnesota- Statutes, section 361.25. They provide procedures for the development and approVal of rules and ordinances for'resolving water surface · use Conflict by regulating: A. type and size of watercraft;. B. type and horsepower of motors; C. speedof watercraft; D. time of use; E. area of use; and F. the conduct of other activities on the water body where necessary t° secUre the safety- of the public and .the most general public use. Statutory Authority: M.S. § 361.25 · 6110,3400 JURISDICTION OF COMMISSIONER. 'f ' -' . The' commissioner shall· exercise his discretion under Minnesota StatUtes, secti°n 361.26, subdivision 2 to regulate a water body when so requested by a county, city, or town only when the water body: A..iS traversed by a. state or international boundary; or f B. is within the jurisdiction of two or mOre counties which cannot agree on the contei~t of ordinances; and ' C. regulation is necessary to achieve the goals in part 6110.3200.. In all other cases; water surface use regulation shall be by county, city; or town ordinance as specified in Minnesota Statutes, sections 378.32 and 459.20. If a body of water is lOcated within the' jurisdiction of two or more cities or tOwnS which cannot agree 'on the content of ordinances, any such city or town may petition the county in which they are located to adopt.an ordinance.. Statutory· Authority: M.S. § 361.25 6i10.3500'EXISTiNG ORDINANCES AND RULES'. All existing ordinances and rules adopted on or after January 1,' 1975 affecting water· surface use shall be brought into compliance with Parts 6110.3000 to 6110.;4200 within a reasonable time period after promulgation of these parts. Statutory Authority: M.S. § 361.25 6110.3600 ASSESSMENT OF CONDITIONS. Subpart 1. Factors to consider. The commissioner of any governmental unit formulating, amending, or deleting controls for surface waters shall acquire and consider the following information, noting factors that are not relevant: A. Physical characteristics: (1) size: normal surface acreage, if available, or the basin acreage listed in the Division of Waters Bulletin No. 25, An Inventory of Minnesota Lakes; " (2) crowding potential: expressed as a ratio ofwater surface, area to length of (3) bottom topography and water depth; (4) Shore soils and bottoTM sediments; (5) aquatic flora and fauna; (6) water circulation: for lakes, the existence and locations of strong currents, inlets, and large wa/er level fluctuations; for rivers and streams, velocity and water level fluctuations; (7) natural and artificial obstructions or hazards to navigation, including but not · limited to poifits, bars, rocks,' stumps, weed beds, docks, piers, dams, diving platforms, and buoys; and '(8) regional relationship: the locations and the level of recreational u-se of other water bodies in the ar,ea. B. Existing development: ,(1) 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. (2) Public: to include type, location, size, facilities, and parking capacity 'of parks, beaches, and watercraft launching facilities. C. Ownership-of shoreland: to include the location and managing governmental unit of shoreline in federal, state, county, or city ownership as well as private, semipublic, or corporate lands. D. 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. E. History of accidents which have occurred on the Surface waters. F. Watercraft use: to include information obtained in the morning, afternoon, and evening on at least one weekday and one weekend day, concerning the number and types of watercraft in each of the following categories:, kept or used by riparians, rerifecl by or ga'ming access through resorts or marinas, using each public watercraft launching .facility, in use on the waterbody. G. Conflict perception and control preferences: to include opinions gained by surveys or or hearings ofriparians, transients, local residents, and the public at large. Subp. 2. Written statement. Any governmental unit formulating, amending, or deleting controls for surface waters shall submit to the commissioner the following: A. the information requested in. subpart 1, portrayed on a map to-the eXtent· reasonable; B. a statement evaluating whether the information reveals significant conflicts and shoreline; .,explaining why the particular controls proposed were selected; C. the proposed ordinance; and " D. a description of public heatings held concerning the proposed controls~ including an account of the statement of each person testifying. ~ ~ Subp. 3. Commissioner review and approval... The commissioner shall reqUire the ordinance proposer to provide additional information of the kind desctibed in subpart l~when needed in order.t0' make an informed decision. The commissioner shall approve the ordinance if it conforms with these rules. Statutory Authority: M.S; § 361.25 6110.3700 WATER SURFACE MANAGEMENT STANDARDS. Subpart 1, Purpose. To promote uniformity of ordinances or rules on the use of watercraft on sUrface waters of this state, to encourage compliance and to ease enforcement, the commissioner and any government unit formulating such ordinances or rules shall follow these standards. When formulating an ordinance or rule, it is not required that all the standards listed below be incorporated 'into every ordinance or rule. Rather, the commissioner or governmental unit shall select from the standards listed below such standard(s) as are'needed io regulate the surface use ofwaters. Subp. 2. Watercraft type and size. ContrOls may be formulated concerning the type and/or size of watercraft permissible for use on surface water body(ies) or portions thereof. Subp. 3. Motor type and size. Controls, if any, concerning the maximum total horsepower of motor(s) powering watercraft on surface waters shall utilize one or' more of the follOwing horsepower cutoffs or motor types: 25 hp; 10 hp; electric motors; no motors. Subp, 4. Direction of-travel. Directional controls, if used, shall mandate watercraft to follow a counterclockwise path of travel. Subp. 5. Speed limits. Controls, if any, concerning the maximum speeds allowable for watercraft on surface waters shall utilize one or more of the following miles-pe~-hour cutoffs: A. "Slow-No Wake" means.operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than five mph: B..15 mph. C. 40 mph. Subp. 6. Effective Time. Controls must use one or more of the following time periods'. A: sunrise to sunset or sunset to sunrise the following day; ~ B. 9:00 a.m. to 6i'00 p.m. or 6:00 p.m. to 9:00 a.m. the following day; C. noon to 6:00 p.m. or 6:00 p.m. to noon the'following day; D. all 24 hoUrs of the day. Controls must be in effect during one of the following Calendar divisions: all year; Memorial Day weekend through Labor Day weekend; on all weekends and legal holidays occurring within Memorial Day weekend through Labor Day weekend. Controls governing the Use of watercraft may be adopted which are placed into effect based upon specific water elevations. Subp. 7. Area zoning. Controls shall clearly specify which portion of the water body is affected by such controls. Area controls may be formulated concerning any of the subject mattter covered in the water surface management standards in subparts 2 to 9. Controls concerning a "Slow-No Wake" shall be established for the entire water body or portion thereof according to the following criteria: within 100 feet or 150'feet frOm the shore; or where watercraft speed or walq~ constitutes a hazard to persons, property, or the natural resources; or where it has'been. determined that such control(s) would enhance the recreational use and enjoyment of the majority of users. - Subp. 8. Conduct of other activities on'a body of water. Controls formulated by a ' governmental unit which restricts other activities (such as swimming or scuba diving) shall conform to part 6110.3200. Subp. 9. Emergencies. In situations of local emergency, temporary special controls may be enactedby a county, city, or town'for a period not more than five days without the CommiS'sioner's approval. The commissioner shall be notified, however, as soon as practicable during this five-day period. Subp. 10. Additional evidence. A government unit may submit additional evidence if it feels ' that variance from the afore-stated standards is necessary to best address a particular problem.. The commissioner will review such evidence and shall grant a variance if there are-circumstances peculiar to the body or bodies of water in question of such magnitude as to overshadow the goal of uniformity, statutory Authority: M.S. § 361.25 6110.3800 ADMINISTRATIVE PROVISIONS. Subpart 1. Enforcement and penalties.- Any government unit adopting ordinances pursuant to Minnesota Statutes, sections 378.32 and 459.20 shall provide for their enforcement and prescribe penalties for noncompliance. Rules established pursuant to Minnesota Statues, section 361.26 shall be enforced by conservation officers· of the Department of Natural Resources and the sheriff of each county. Rules or ordinances shall contain a provision exempting authorized resource management, emergency, and enforcement personnel when acting in the performance of thek assigned duties. They may also provide for temporary eXemptions from controls'through the use of permits issued by the Unit of government adopting the ordinance or rule. Subp. 2. Commissioner's approval for proposed ordinances. Any governmental unit formulating ordinances or .desiring amendments and deletions to existing, ordinances ·shall submit the written statement required by these rules with the proposed ordinance to the. commissioner pursuant to Minnesota Statutes, section 378.32 for his approval or disapproval. Determination of approval or disapproval shall be based UPon the written statement and the compatibility of the ordinance with these rules. If the proposed ordinance i.s disapproved by the commissioner and a satisfactory compromise cannot be established, the governmental unit may initiate a contested case hearing tO settle the matter. The commissioner shall notify the governmental unit in writing of.his approval or disapproval Of proposed ordinances within 120 days after receiving them pursuant to'Minnesota Statutes, section 378:32. Failure to' so notify shall be considered approval. Subp. 3. Public notice. Any governmental'unit adopting ordinances shall provide fo~ adequate notification of the public, which shall include placement of a sign at each Public watercraft launching facility, outlining essential elements of such ordinances, as well as the placement of necessary buoys and signs. All such signs and buoys shall meet requirements specified·in Minnesota Statutes, section 361 and parts 6110.1500 to 6110.1900. The commissioner shall publish and update at his discretion a listing of watercraft use roles and ordinances on surface waters of the state for distribution to the public. Statutory Authority: M.S. § 361.25 CHAPTER 86B REGULATION OF SURFACE WATER USE 86B.201 STATE LAW AND LOCAL ORDINANCE AUTHORITY. Subdivision 1. Application of state law. The provisions of this chapter and of Other applicable laws of this state Shall govern the operation, equipment, numbering, and all other related matters for' a watercraft operated on the waters of this state, or the time when an activity regulated by this chapter may take place. Sub& 2. Local authority to adoPt ordinance. (a)This chapter does not limit the authority cfa political subdivision of this state to adopt regulations 'that are not inconsistent with this chapter and the rules of the commissioner, relating to the use' of waters of this state that are wholly or partly within the territorial boundaries of a county or entirely within the boundaries of a city. (b) A city of the first class 0f over 200,000 or the park board of the city may forbid the use motorboats or boats with attached motors on its lakes. History: 1990 c 391 art 9 s 9 86B.205 WATER SURFACE USE ORDINANCE. Subdivision 1. Assistance. The commissioner, shall develop and publish guidelines to assist counties adopting water Surface use ordinances for waters within their jurisdiction. Subd. 2. Surface, use ordinances. (a) A county board may; by ordinance, regulate the surface use of bodies of water located entirely or partially within the county and not located entirely within the boundary of a single city or lake conservation district established by law. (b) Ifa body of water is located within more than one county, a surface use ordinance is not effective until adopted by the county boards of all the counties where the body of water lies under section. 471.59 or placed into effect by order of the commissioner under subdivision 9. (e) With the authorization of an affected city or lake cOnservation district, a county board may assume and exercise the powers in subdivisions 2 to 5 with respect to bodies of water lying entirely within that city or lake conservation district. The regulation by the county of the surface use cfa portion of a body of water located within the boundary of a city must be consistent with any city regulation existing on May 25, 1973, of the surface use of that portion of the body of water. After January 1, 1975, the-ordinance must be consistent with .the provisions of this chapter and rules of the commissioner under this chapter. Subd. 3. Prior ordinances invalid without approval. A surface use zoning ordinance adopted under subdivisions 2 to 5 by a local governmental unit after May 25, 1973, is invalid unless it is approved by the commissioner. Subd. 4.. Approval of ordinances. A proposed surface use zoning ordinance must be submitted to the commissioner for review and approval before adoption. The commissioner must approve or disapprove.the proposed ordinance within 120 days after receiving it. If the commissioner disapproves the proposed ordinance, the commissioner must return it to the local governmental.unit with a written statement of the reasons for disapproval. Subd. 5.' County regUlatory authority. A county board may: (1) regulate and police public beaches, public docks, and other public facilities for access to a body of Water, except: (i) regulations are subject to subdivision 6; (ii) a county board may not regulate state accesses; and (!ii) a municipality may by ordinance preempt the couritY'from exercising power under this subdivision within its jurisdiction; (2) regulate the construction, configuration, size, location, and maintenance of commercial marinas and their related facilities including parking areas and sanitary facilities in a manner consistent with Other state laws and the rules of the commissioner 0fnatural resources, the pollution control agency, and the commissioner of health, and with the applicable municipal building codes and zoning ordinances where the marinas are located; (3) regulate the construction, installation, and maintenance of permanent and temporary, docks and moorings in a manner consistent with state and federal law, permits required under chapter .103G, and sections 86B.111 and 86B.115; (4) except as provided in subdivision 6, regulate the type and size of watercraft allowed to use the body of water.and set access fees; ' ' (5) subject to subdivision 6, limit the types and horsepower of motors used on the body of water; (6) limit the use ofthe body of water at various times and the use of various parts of the.body of water; · · (7) regulate the speed of watercraft on the body of w~ter and the conducf of other activities.on the body of water to secUre the safety of the' public and the most general public use; and '(8) contract with other law enforcement agencies to police the body of water and its shore. Subd. 6. 'Public access restrictions. The county board must alloTM the same types and sizes of watercraft and horsepower of motors to access and enter the lake or water body as are generally allowed to be operated on the lake or water body. Special use excePtions that are not dependent on lakeshore or property ownership may be granted by-permit. Subd. 7. 'County acquisition of public access. A county board may acquire by pUrchase, gift, or devise land for public access to a lake or stream and may improve.the land as a park or playground if the land is less than ten acres and is contiguous to the meander line of a navigable lake or stream wholly or partly within the county and not entirely within the corporate limits of a city. Subd.. 8. Advisory assistance. The county board may invite any municipal council or town board or the soil arid water conservation district board of supervisors or watershed district board of. managers to designate a representative to advise and consult with the county board on water use ' regulation and improvement. Subd. 9. Watercraft use rules fol: local waters. (a) On request ora county, city, or town, the- commissioner may, after determining it to be in the public inter.est, establish rules relating to the use of watercraft on waters of this state that border upon or are within, in whole or in part, the territorial boundaries of the governmental unit. (b) The rules shall be established in the manner provided by sections i4.02 to 14.62, but maynot be submitted to the attorney general nor filed with the secretary of state until first aPproved by resolutions of the county boards of a majority of the cOunties affected by the proposed rules. (c) The rules may restrict: (1) the type and size of watercraft and size of motor that may use the waters.affected by the rule; (2) the areas of water that may be used by watercraft; (3) the Speed ofwatercra'ft; (4) the times permitted for use of watercraft; or (5) the minimum distance between watercraft. (d) When establishing rules, the 'commissioner shall consider the physical characteristics of the waters affected, their historical uses, shoreland uses and classification, and other features unique to the waters affected by the rules. (e) The commissioner shall inform the users of the waters of the rules affecting them at least two weeks before the effective date of the rules by distributing copies of the rules and by posting of the public accesses of the waters. The failure of the commissioner to comply with this paragraph does not affect the validity of the rules or a conviction for violation of the rules. (f) The cost of publishing rules.and of marking and posting waters under this subdivision shall be paid by the counties affected by the rules, as apportioned by the commissioner.. (g) Regulations or Ordinances relating to the use of waters of this state enacted by a local governmental unit before January 1, 1972, shall'continue in' effect until repealed by the local governmental unit or superseded by a rule of the commissioner adopted, under this subdivision. History: 1990 c 391 art 9 s 10 86B.211 WATER SAFETY RULES. The.. commissioner shall adopt rules and publish the rules in the manner prescribed in section 97A.051, subdivision 3, that relate to: (1) the application fOr, form, and numbering of watercraft licenses; (2) the size, form, reflectorized material, and display of watercraft license numbers, which mfist · comply with' the requirements of the federal watercraft numbering system; (3) placement, ar)d regulation of docks, pier. s, buoys, mooring or marking devices, and other structUres in the waters of this state; (4) rules of the road for watercraft navigation; (5) standards for equipment used in the towing of persons.on water skis, aquaplanes, surfboards, saUcers, and' other devices; (6) standards for lights, signals, fire extinguishers, bilge x~entilation,, and lifesaving eqUipment; (7) standards of safe load and power capacity; (8) accounting, procedural, and reporting requirements for county sheriff; i (9) designation of swimming or bathing areas; (10) standards of safety for watercraft offered for rent, lease, or hire; (11) the use of surface waters of this state by watercraft as provided and in accordance with section 86B.205, subdivision 9, paragraphs (c) and (d), including: (i) standards and criteria for resolving conflicts in the use of water surfaces by watercraft; (ii) procedures for dbaling with problems involving more than one local governmental unit; (iii) procedures for local enforcement; and (iv) procedures for enforcing the restrictions in section 86B'.205, subdivision9, paragraph (c); and (12) other rules determined by the' commissioner to be necessary to implement the provisions of: this chapter. History: 1990 c 391 art 9 s 11 LAKE 'IMPROVEMENT DISTRICTS 103B.551 'BOARD Subdivision 1. or joint cOunt5 number, q in the order creating the include persons owning the district... Subd. 2. Compensation. property owners at'the annual incurred in the performance Subd. 3. Powers. towns may, by order, delegate the powers exercised within the district. Programs and water and related land resources plan prepared · regional ·water and related land resources plans. granted under this section unless the public has joint county authorities, statutory and home rule boa/:d of directOrs to: >. After a lake improvement district is established, the county board 11 appoint persons to serve as an initial board of directors for the district. The removal, and filling of vacancies of directors shall be as provided The initial and all subsequent boards of directors must the district, and a majority of the directors must be residents of shall serve with compensation as determined by the may be reimbursed for their actual expenses necessarily in the manner provided for county employees. county authorities, statutory and home rule cities, and to the board of directors of a district to be must be consistent with the statewide ~sources and with of water may not be improved by using' authority some port/on of the shoreline. County boards, may delegate theirauthority to a district (1) acquire by gift or purchase an existing dam or the district; (2) construct and operate water control structures tha' natural resources under section 103G.245; (3) undertake projects to change the course current or cross approved by the commissioner of natural resources under section (4). acquire property, equipment, or other facilities, by gift or (5) contract witha board of managers of a Watershed district within · or the board of supervisors Of a soil and water conservation district within the works that affects the level of waters in the commissioner of ~on of public waters that are - to improve navigation; lake improvement district for improvements 'PARK DISTRICT 398.08 GENERAL Park 'districts corporation at common law. Except as otherwise sued, may use a corporate seal, and personal property as the' convey, lease or otherwise dispose authority to exercise all the pOwers of the public liability and other insurance protection and assistance as its needs require, to exercise the declare that the.violation thereof shall be a penal exceed a fine Of $100, or imPrisonment in a statutory city days,· or both, and in either case the cost of board shall have full Power and authority to acquire improve and preserve a park system and to conduct a recreatiOnal' ltistory: 1955 c 806s & 1973 c 123 art S s 7 the rights, powers, privileges and immunities of a municipal r shall be subject to the duties of a municipal corporation at common this chapter they shall have perpetual succession, may sue and be by lease, purchase, gift, condemnation or otherw/se such real may require and may hold, manage, control, sell, or its interests therein. The board shall have full to make all necessary o~' desirable contractS, to pr0eure ~ be necessary or desirable~ to hire and employ help domain, to enact ordinances and to to prescribe the penalties, thereof, not to a period of not more than 9'0 to the penalties imposed. The and to operate, maintain, protect, its parks. · 398.09 SPECIFIC POWERS. -. 'Park district boards in addition to the fOregoing general powers shall ~ these specific Powers:· (a).The power to regulate by ordinance the use of the waters whollY within a park established under this chapter and the use of any lake shore which is within a' under this chapter and the waterfront immediately abutting such lake shore.fOr not t¢ by all persons, including persons boating, swimming, fishing, skating or otherwise, in, up'or about Said' lake, lake shore and abutting waterfront, subject to regulation by the state of Minnesota. '~ CITIES AND TOWNS 459.20' AUTHORITY OVER PUBLIC WATERS. The governing body of any home rule charter or statutory city or town in the state has, with respect to any body of water situated wholly within its boundaries, all the. powers to improve and regulate the use of such bOdy of water subject to section 86B.205, subdivision 6, as are conferred on county boards by sections'86B.205 and 103F.801, and to establish and administer lake improvement districts under sections 103B.501 to 103B.581. With respect to any body' of water, situated wholly within the contiguous boundaries of tWo or more home rule charter or statutory cities or towns or any combination thereof, the city councils and town boards may, under the provisions .of section 471.59, jointly exercise such powers to improve and regulate the use of the body of water subject to section 103F.751, as are conferred on county boards by secti6ns 86B.205 and 103F.801, and to establish and administer lake ·improvement districts as provided under sections 103B.501 to 103B.581, provided that no. home rUle charter or statutory city or town"may establish, and administer a lake improvement disixict covering the same territory has been created by a county board under Sections 103B.50i to. 103B.581. References in sections 86B.205, 103B.501 to 103B.581, and 103F.801 to the county board shall be construed t~.refer tO the governing body of a home rule charter or the statutory city or the board of supervisors of a town. APPLICANTS FOR WATER SURFACE USE ORDINANCES ARE REQUIRED BY MINN. RULE 6110.3600 TO SUPPLY TILE 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 R~LEVANT.) Physical Characteristics a. Size - normal surface acreage, if available, or the basin acreage listed in the Division.of Waters Bulletin'No. 25 "An Inventory. of Minnesota Lakes." surface acres (or) basin average b. Crowding potential - expressed as a ratio of water surface area to length of shoreline. surface acres: miles of shoreline Bottom topography and water depth (deepest & average) (available from DNRregi0nal or area fisheries headquarters). d. Shore soils and bottom sediments (available from DNR regional or area fisheries headquarters). e. Aquatic flora and fauna (available from-DNR regional or 'area fisheries, head(~uarters). 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: 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. ho Regional relationship- the locations and the level of recreational, use of other water bodies in the area. . ~ Existing development. a. Private - to include number, location, and occupancy characteristics ofpermane~nt hOmes, seasonal homes, apartments, planned unit developmenfs, resorts, marinas, campgrounds, and other residential, commercial, and industrial uses. bo Public - to include type~ location, size, facilities, and parking capacity of parks, beaches, and watercraft launching facilities. 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. 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. History of accidents which have occurred on the surface waters (available from sheriff's office). o 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: a. Kept or used by riparians. Rented by or gaining access through resorts or i~rinas. c. Using each public watercraft launching facility. In use on the Waterbody. .7. Conflict perception and control preferences - to include opinions, gained.by surveys or thrOugh public meetings or hearings ofriparians, transients, local residents, and the public at large. IN ADDIT~ION TO THE ABOVE, .APPLICANTS ARE ALSO REQUIRED TO PROVIDE: 1. The information requested in Minn. Rule 6110.3600,. portrayed on a map to the extent reasonable. A statement evaluating whether the information reveals significant conflicts·and explaining why the particular controls proposed were selected. 3. The proPosed ordinance. A description of public hearings held concerning the proposed controls, including an account of the statement of each person testifying. NAME (TYPE OR PRINT) SIGNATURE TITLE OF PERSON COMPLETING FORM Return completed form to: Minnesota. Department of Natural Resources Boat and Water Safety Section 500 Lafayette Road . St. Paul, Minnesota 551554046 · SAMPLE WATER SURFACE USE ORDINANCE STATE OF MINNESOTA COUNTY OF (CITY OR TOWN OF ORDINANCE NO. AN ORDiNANCE REGULATING THE .SURFACE USE OF (specify body of water). Be it ordained and enacted by the (Coun.tv Board'o_f Commissioners, City Council or Town Board), State of Minnesota, that these amendments following, by this act, hereby replace and nullify those like numbered clauses'now existing and a part of(Coun.tv, City or Town) Ordinance No .... , or. are newly enacted sections which, upon their enactment, become a part of (Count~, Ci.t3, or Town) Ordinance No. Section 1: 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 Ordinance is enacted for the purpose and with the intent to control and regulate the use of the waters of ' in (Coun_tv, Ci_tv or Town), Minnesota, said bodies of water being located entirely within the boundaries of (County, City or Town), .to promote its fullest use and enjoyrne~t by the public in general and the citizens of (County, City or Town) in particUlar, to insure 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 (Coun_tv, City or Town), Minnesota/ Section 2: DEFINITIONS: Terms used in this ordinance related to boating are defined in M.S. § 86B.005. · Section 3: sURFACE ZONING OF (specie_ body of water) BY RESTRICTING SPEEDS DURING CERTAIN HOURS (items given are samples only to assist in drafting an ordinance ~- alternate restrictions may also be appropriate): (a) During the hours of 9:00 a.m. and 6:00 p.m. on each and every day of the week, watercraft ' shall be subject to a 40 MPH speed limit. (b) During the hours 0f6:00 p.m. and 9:00 a.m. on the following day, on each and every day of the week, no watercraft shall be operated in excess of-fifteen (15) miles per hour. Slow-no wake speed 24 hours per day when the lake level on Lake exceeds feet as measured at the gauge located at . Such restrictions shall become effective upon.publication in a local daily newspaper as a news item or on a specified, date, whichever is later. All public watercraft accesses shall be posted prior to and during the time restrictions are in place. In addition, notice of said restrictions shall also be posted at the (Courthouse / City Hall). When high water levels have subsided and have remained below an elevation of ~ feet above mean sea level for three (3) consecutive days, said restrictions shall be promptly removed. Section 4: ENFORCEME, NT: The Priinary responsibility for enforcement of this ordinance shall rest with the County Sheriffs DePartment (and/or the Police Department (ifa city)). This, however,, shall not preclude enforcement 'by other licensed peace officers, Section 5: EXEMPTIONS: All authorized Resource Management, Emergency and Enforcement Personnel, while acting in the performance of their assigned duties are exempt from the foregoing restrictions. ( SectiOn 6: NOTIFICATION: It shall be the responsibility of the (Count, City or Town) to provide for adequate notification of the public, which shall include placement of a sign at each public watercraft access outlining essential elements of the ordinance, as well as the placement of necessary buoys .and signs. Section 7: PENALTIES: Any personwho shall violate any of the provisions of this Ordinance shall be guilty of a section. 8: EFFECTIVE DATE: This Ordinance shall be in effect from and after the date of its passage and publication. Passed by the (County Board of Commissioners, Ci~ Council or Town Board) on this __ of ,20 day Plymouth City Code 1335.09 1335.09. Medicine Lake; Special Provisions. Subdivision 1. Purpose. Pursuant to Minn. Statutes 86B.201-205,459.20, and Minnesota Rules Parts 6110.3000-6110.3700, it is the'purpose of this ordinance to regulate the operation and speed of watercraft on Medicine Lake. Subd. 2. Definitions. The following words and phrases when used in this ordinance have the meanings set forth below: "Operate" means to navigate or otherwise use a watercraft. "Persons" includes in individual, partnership, corporation, or any body of persons whether incorporated or formed into an association or not. "Slow-no wake" means the operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than 5 mph. "Watercraft" has the meaning given in Minn. Statutes 86B.005, Subd. 8. Subd. 3. Regulation. No person shall operate a watercraft at greater than slow- no wake speed on Medicine Lake whenever the water level exceeds 889.4 feet and remained at that level for at least three consecutive days. The slow-no wake restriction shall remain in place until the lake level drops to 889.4 feet or below for at least three consecutive days. (Ord. 2001-05, 02/13/2001) Subd. 4. Exemptions. Authorized resource management, emergency and enforcement personnel, when acting in the performance of their duties, shall be exempt from the provisions of this ordinance. Subd. 5. Marking. The City Staff of Plymouth and Medicine Lake shall be responsible for informing the public, posting notification at all public accesses, and marking or buoying areas affected by this ordinance as necessary to give reasonable notice of the speed restriction of this section. Subd. 6. Enforcement. Primary responsibility for the enforcement of this ordinance shall rest with the Hennepin County Sheriff's Department, including both licensed and special deputies. This, however, shall not preclude its enforcement by other licensed peace officers. (Ord. 2001-05, 02/13/2001) Subd. 7. Penalties. Any person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor. (Ord. 99-19, 06/22/99) ~2 · 75 ~0.25. Su=an - 188~1388 DATE LEVEL Above OHW? Above 882.0? 03/17/1971 882.08 YES . 04/14/1971 882.03 YES * 11/20/1971 882.03 YES * 03/20/1973 881.86 YES 04/23/1975 882.21 YES . 06/19/1975 881.84 YES 09/08/1977 882.31 YES * 09/22/1977 882.47 YES . 03/29/1978 881.91 YES 04/20/1978 882.01 YES * 03/29/1979 882.00 YES * 04/21/1982 881.93 YES 03/30/1983 881.82 YES 04/22/1983 882.26 YES * 06/22/1983 882.01 YES * 03/23/1984 882.45 YES . 04/25/1984 881.95 YES 06/19/1984 881.86 YES 03/15/1985 881.98 YES 03/26/1986 882.26 YES * 04/29/1986 882.52 YES * 03/12/1990 881.84 YES 06/28/1990 882.03 YES * 11/18/1991 882.08 YES * 03/18/1992 881.83' YES 07/08/1993 882.23 YES * 04/08/1997 881.82 YES 05/21/1999 882.20 YES * 03/26/2001 882.18 YES * 04/25/2001 883.18 YES * 12/31/2001 881.89 YES 01/29/2002 881.98 YES 09/15/1970 880.31 NO 09/28/1970 880.36 NO 10/19/1970 880.57 NO 11/05/1970 880.88 NO 12/08/1970 881.52 NO 01/06/1971 881.26 NO 02/16/1971 881.56 NO 07/20/1971 880.89, NO 08/18/1971 880.59 NO 09/13/1971 880.59 NO 10/21/1971 880.59 NO 12/14/1971 881.21 NO 01/07/1972 881.06 NO 02/12/1972 881.07 NO 03/13/1972 881.07 NO 04/22/1972 881.52 NO 05/13/1972 881.39 NO 06/06/1972 881.01 NO 07/06/1972 880.90 NO DATE LEVEL Above OHW? Above 882.0? 08/14/1972 880.80 NO 09/05/1972 880.78 NO 10/14/1972 880.79 NO 11/21/1972 881.09 NO 12/23/1972 881.04 NO 01/06/1973 881.51 NO 02/22/1973 881.76 NO 04/28/1973 881.60 NO 05/12/1973 881.63 NO 06/18/1973 881.07 NO 07/13/1973 880.56 NO 08/22/1973 880.68 NO 09/12/1973 880.71 NO 10/19/1973 880.7' NO 11/27/1973 880.92 NO 12/19/1973 881.18 NO 01/11/1974 881.07 NO 02/18/1974 881.09 NO 03/24/1974 881.60 NO 04/27/1974 881.62 NO 05/25/1974 881.4,~ NO 06/25/1974 881.55 NO 07/15/1974 881.13 NO 08/19/1974 880.81 NO 09/26/1974 880.35 NO 10/22/1974 880.55 NO 11/16/1974 880.89 NO 12/18/197,~ 881.03 NO 01/16/1975 881.18 NO 02/19/1975 881.34 NO 03/23/1975 881.67 NO 05/28/1975 881.49 NO 07/28/1975 881.29 NO 08/29/1975 880.69 NO 10/01/1975 880.23 NO 10/21/1975 880.30 NO 11/28/1975 880.59 NO 12/30/1975 880.75 NO 01/26/1976 880.78 NO 02/26/1976 881.40 NO 03/29/1976 881.52 NO 05/05/1976 881.08 NO 05/26/1976 880.98~ NO 06/25/1976 880.77 NO 07/22/1976 880.41 NO 08/27/1976 879.98 NO 09/30/1976 879.81 NO 11/02/1976 879.63 NO 12/03/1976 879.53 NO 12/29/1976 879.42 NO 01/21/1977 879.95 NO DATE LEVEL Above OHW? Above 882.0? 02/12/1977 880.56 NO 03/05/1977 880.73 NO 05/02/1977 881.14 NO 05/17/1977 881.14 NO 06/23/1977 881.04 NO 06/28/1977 880.95 NO 07/25/1977 880.75 NO 10/13/1977 881.25 NO 11/08/1977 881.45 NO 12/02/1977 881.54 NO 01/06/1978 881.39 NO 03/01/1978 881.36 NO 05/15/1978 881.77 NO 06/14/1978 881.42 NO 07/11/1978 881.50 NO 08/14/1978 881.29 NO 09/19/1978 881.49 NO 10/26/1978 881.02 NO 11/17/1978 880.79 NO 12/28/1978 881.31 NO 01/16/1979 881.16 NO 02/12/1979 881.10 NO 04/18/1979 881.66 NO 06/22/1979 881.76 NO 07/18/1979 881.31 NO 08/16/1979 881.01 NO 10/18/1979 881.10 NO 11/28/1979 881.54 NO 12/20/1979 881.37 NO 01/28/1980 880.89 NO 02/18/1980 880.64 NO 03/18/1980 881.13 NO 04/14/1980 881.54 NO 05/13/1980 881.04 NO 06/16/1980 881.36 NO 07/21/1980 880.91 NO 08/18/1980 880.54 NO 09/15/1980 880.86 NO 10/13/1980 880.86 NO 11/17/1980 880.77 NO 12/30/1980 880.70 NO 01/19/1981 880.30 NO 02/18/1981 880.92 NO 03/19/1981 881.07 NO 04/15/1981 881.26 NO 05/20/1981 881.07 NO 06/22/1981 881.70 NO 07/27/1981 881.25 NO 08/19/1981 880.93 NO 10/01/1981 880.89 NO 10/27/1981 881.02 NO DATE LEVEL Above OHW? Above 882.0? 12/08/1981 881.40 NO 12/28/1981 881.46 NO 02/10/1982 881.56, NO 03/10/1982 881.75 NO 06/01/1982 881.38 NO 06/25/1982 881.01 NO 07/27/1982 880.73 NO 09/07/1982 880.59 NO 10/26/1982 880.84 NO 12/20/1982 881.32 NO 01/25/1983 881.33 NO 02/21/1983 881.63 NO 05/26/1983 881.33 NO 07/26/1983 881.25 NO 08/25/1983 881.13 NO 09/19/1983 881.09 NO 11/17/1983 881.16 NO 01/18/1984 881.05 NO 02/29/1984 881.23 NO 08/01/1984 881.15 NO 09/11/1984 880.95 NO 11/14/1984 880.89 NO 02/12/1985 881.13 NO 04/22/1985 881.78 NO 05/30/1985 881.22 NO 06/20/1985 881.29 NO 07/10/1985 880.92 NO 08/14/1985 881.13 NO 09/18/1985 881.26 NO 10/18/1985 881.77 NO 11/14/1985 881.48 NO 1 2/23/1985 881.47 NO 01/28/1986 881.33 NO 03/03/1986 881.39 NO 06/02/1986 881.46 NO 07/28/1986 881.35 NO 09/18/1986 881.25 NO 10/21/1986 881.13 NO 11/25/1986 881.60 NO 01/15/1987 881.35 NO 02/09/1987 881.13 NO 03/06/1987 881.23 NO 04/03/1987 881.15' NO 04/28/1987 880.85 NO 05/26/1987 880.76 NO 06/22/1987 880.45 NO 08/11/1987 881.61 NO 09/02/1987 881.03 NO 10/02/1987 880.76 NO 10/30/1987 880.68 NO 01/29/1988 881.33 NO DATE LEVEL Above OHW? Above 882.0? 02/25/1988 881.05 NO 03/28/1988 881.35 NO 05/03/1988 881.08 NO 06/02/1988 881.03 NO 06/29/1988 880.38 NO 07/28/1988 880.13 NO 08/25/1988 880.26 NO 10/05/1988 879.68 NO 11/10/1988 879.83 NO 12/07/1988 880.13 NO 12/30/1988 880.03 NO 01/20/1989 880.03 NO 03/08/1989 880.09 NO 03/29/1989 881.65 NO 04/28/1989 881.73 NO 05/31/1989 881.33 NO 07/12/1989 881.11 NO 08/07/1989 880.93 NO 09/13/1989 881.03 NO 1 2/01/1989 880.58: NO 01/02/1990 880.64 NO 02/01/1990 880.62 NO 02/20/1990 881.70 NO 04/04/1990 881.33 NO 05/01/1990 881.45 NO 05/31/1990 881.36 NO 07/18/1990 881.53 NO 08/22/1990 881.16 NO 10/04/1990 880.83 NO 11/1 2/1990 880.85 NO 11/29/1990 880.74 NO 01/14/1991 880.90 NO 03/16/1991 881.62 NO 05/23/1991 881.62 NO 06/12/1991 881.52 NO 07/16/1991 881.23 NO 09/30/1991 881.58 NO 02/14/1992 881.45 NO 05/14/1992 881.34 NO 06/05/1992 881.16 NO 07/01/1992 881.69 NO 07/30/1992 881.72 NO 08/28/1992 881.19 NO 09/30/1992 881.13 NO 10/29/1992 881.03 NO 12/18/1992 881.37 NO 01/20/1993 881.19 NO 02/10/1993 880.23 NO 03/12/1993 881.32 NO 04/08/1993 881.68 NO 05/06/1993 881.40 NO DATE LEVEL Above OHW? Above 882.0? 06/16/1993 881.26 NO 08/09/1993 881.35 NO 09/10/1993 881.00 NO 10/08/1993 881.02 NO 11/23/1993 881.26 NO 12/16/1993 881.37 NO 01/12/1994 881.11 NO 02/15/1994 881.06 NO 03/18/1994 881.31 NO 04/15/1994 881.38 NO 05/24/1994 881.24 NO 06/14/1994 880.98 NO 07/15/1994 881.19 NO 08/12/1994 881.01 NO 09/16/1994 881.68 NO 10/17/1994 881.27 NO 11/16/1994 881.10 NO 12/16/1994 881.20 NO 01/16/1995 881.' 3 NO 02/17/1995 881.09 NO 03/20/1995 881.59 NO 04/17/1995 881.42 NO 05/18/1995 881.24 NO 06/15/1995 881.18 NO 07/13/1995 881.00 NO 08/03/1995 880.89 NO 09/14/1995 880.79 NO 10/12/1995 881.16 NO 11/09/1995 881.41 NO 1 2/14/1995 881.10 NO 01/17/1996 879.70 NO 01/23/1996 881.10 NO 02/20/1996 881.11 NO 03/21/1996 881.52 NO 04/24/1996 881.33 NO 05/17/1996 881.44 NO 06/13/1996 881.16 NO 07/19/1996 880,87 NO 08/15/1996 880.77 NO 09/20/1996 880.48 NO 10/18/1996 880.68 NO 11/25/1996 881.37 NO 12/23/1996 881.14 NO 01/22/1997 881.15 NO 02/20/1997 881.24, NO 03/13/1997 881.36 NO 05/07/1997 881.16 NO 06/11/1997 880.98 NO 07/10/1997 881.31 NO 08/08/1997 881.58 NO 09/10/1997 881.43 NO DATE LEVEL Above OHW? Above 882.0? 10/14/1997 881.44 NO 11/11/1997 881.08 NO 12/10/1997 881.04 NO 01/20/1998 881.07 NO 02/19/1998 881.25 NO 03/26/1998 881.04 NO 04/15/1998 881.52 NO 05/13/1998 881.00 NO 06/10/1998 880.99 NO 07/08/1998 881.23 NO 08/13/1998 880.95 NO 09/18/1998 880.79 NO 10/15/1998 880.79 NO 11/12/1998 881.50 NO 12/21/1998 881.20 NO 01/26/1999 881.11 NO 02/18/1999 881.2' NO 03/19/1999 881.46 NO 04/26/1999 881.37 NO 06/25/1999 881.37 NO 07/30/1999 881.21 NO 08/27/1999 881.21 NO 09/24/1999 881.11 NO 11/04/1999 880.83 NO 11/29/1999 880.97 NO 12/27/1999 880.98 NO 01/31/2000 880.99 NO 02/18/2000 881.18 NO 04/12/2000 881.28 NO 04/21/2000 881.56 NO 05/23/2000 881.44 NO 06/30/2000 881.50 NO 07/28/2000 881.23 NO 08/27/2000 881.15 NO 09/19/2000 880.86 NO 10/10/2000 880.69 NO 11/30/2000 881,15 NO 12/29/2000 881.21 NO 01/31/2001 881.36 NO 03/02/2001 881.38 NO 06/08/2001 881.56 NO 06/27/2001 881.44 NO 07/30/2001 881.02 NO 08/24/2001 881.00, ' NO 09/27/2001 881.20 NO 11/02/2001 881.03 NO 12/05/2001 881.62 NO