HomeMy WebLinkAbout7B, Lake Johanna Emergency Temporary "No Wake Zone" - Public Hearing�
EN HILLS
Request for Council Action
Prepared By: Council Meeting Date: June 1 l, 2012
Michelle Olson, Parks and Recreation Manager
Lake Johanna Fmergency Temporary "No Wake Zone" — Public Hearing
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Recommendation:
Staff recommends approval of Resolution 2012-018: Establishing Emergency High Water Declaration
Procedures on Lake Johanna in Arden Hills.
Supporting Documents:
1. Memorandum from Michelle Olson, Parks and Recreation Manager
2. Attachment A: June 11, 2012 Public Hearing Notiiication
3. Attachment :B: 1Vlinnesota Water Surface Use Management Rules
4. Attachment C: Draft Resolution for Emergency High Water Restriction Declaration
5. Attachment D: Draft Resident Notification for Emergency High Water Restriction Declaration
6. Attachment E: Draft Text that would appear on signs in case of Emergency High Water
Restriction Declaration
7. Attachment F: Resolution 2012-018: Establishing Emergency High Water Declaration Procedures
on Lake Johanna in Arden Hills
8. Attachment G: History of Recorded Water Levels on Lake Johanna
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�` �EN��HILLS
MEMORANDUM
DATE: June 11, 2012
TO: Honorable Mayor and City Council Members
Patrick Klaers, City Administrator
FROM: Michelle Olson, Parks and Recreation Manager .:ir��
SUBJECT: Lake Johanna Emergency Temporary "No Wake Zone" — Public Hearing
Background
In July of 2011, the City of Arden Hills had a storm that caused the elevation of Lake
Johanna to rise significantly, causing concerns from residents. There was confusion
regarding who has the authority to close the boat landing and procedures on creating a"No
Wake Zone". This topic was discussed by the City Council at their April 16, 2012 work
session. To review, the City found that the Minnesota Department of Natural Resources
(DNR) would ultimately be the entity in charge of deciding to close the boat launch. The
DNR informed staff that they rarely close any boat launch. Their suggestion to the City
was to work on creating a temporary "no wake zone" versus closing the boat launch. Staff
worked with Mr. Kim Elverum from the DNR to determine what changes would need to
occur to the current ordinance in order to give the City Council authority to declare a
temporary "no wake" zone. The Council was presented two options:
1. Begin the process to amend the current surface water regulations listed in
chapter 7 of the City Code.
2. Leave the regulations as they are and only react in emergency situations.
After reviewing the two options, the City Council consensus was to pursue option 2 and
only react in cases of emergency high water situations.
Public Hearing
Council asked staff to schedule a public hearing where residents could speak to these
potential restrictions. Staff sent out 123 notices for Monday night's meeting (Attachment
A). Staff has received one phone call and one email since the mailing went out, both in
support of the emergency high water restrictions.
Discussion
The Minnesota Water Surface Use Management Rules (Attachment B) refers to the process
the City could follow in high water or emergency situations. In Section 6110.3700 —
IlMetro-inet.uslardenhillslPR&PW1ParkslMemoslCouncil Memos1060412 Surface Use Regulations. doc
2
Water Surface Management Standards, Subpart 9, it refers to local authority in situations of
emergency. It reads:
Subp. 9. Emergencies. In situations of local emergency, temporary special
controls may be enacted by a County, City or Town for a period not more than five
days without the commissioner's approval. The commissioner shall be notified,
however as soon as practicable during this five day period.
In speaking with Mr. Elverum, there are no official procedures listed for enacting these
temporary special controls. He indicated that the DNR prefers that the City adopt a
resolution in this situation. However, if the high water emergency occurs on a weekend,
this would cause a delay. The City Council could have the Mayor officially declare a high
water emergency and call a special meeting on the first available work day to officially
adopt the resolution. Staff has provided a draft resolution that could be used (Attachment
C) in this situation. The DNR reviewed the resolution and approved the format. There are
no specific guidelines on resident notification or water access postings. The DNR
recommends posting the emergency regulations at all public watercraft accesses and
notifying all lakefront property owners. A draft resident notification (Attachment D) and a
draft of the text that would appear on the two signs (Attachment E) are included for
Council review. Staff recommends a 2 ft. x 2 ft. sized sign. Staff prepared a resolution to
be passed at Monday night's meeting establishing procedures for the City to follow in the
event of a high water event (Attachment F). Below are recommended procedures for
enacting a temporary "no wake zone" due to an emergency high water event.
1. Establish a high water level that the City will enact the temporary
"no wake zone ". Staff researched the water level of Lake Johanna and
found a chart on the DNR website that shows recorded water levels since
2002 (Attachment G). The ordinary high water mark is listed at 878.0.
After researching, it shows that 879.0 has been reached four (4) times in the
past ten (ten) years. However, 879.0 was reached on May 24th and 25�' of
this year throughout the Memorial weekend and the lake was not at a
critically high mark. 879.5 has been reached two (2) times in the last teri
(10) years, including in the 2011 July storm. Therefore, staff is
recommending 879.5 as the level the City would enact a temporary "no
wake zone". A water level gauge is located just to the east of the boat
launch. The water level gauge is managed by the Ramsey County
Environmental Dept. The 0 on the gauge is set at 876.50 feet. This means
that if the water level rises to the 3 foot mark on the gauge, the lake level
would be at 879.50. The DNR also suggests that the City_set a water level
_
where the restriction would come off. The suggestion was the restriction
remains until the water remains under that level for at least 24 hours. Staff
suggests 2.8 feet (879.30) for that.
2. If the water level rises to 3 feet on the gauge (879. SO), the City Council
would call an emergency City Council meeting to enact a temporary "no
wake zone " on the entire lake. If this occurs on a weekend or holiday, the
IlMetro-inet.uslardenhillslPR&PWIParkslMemoslCouncil Memos1060412 Surface Use Regulations.doc
Mayor could declare the restriction and a resolution would need to be passed
at an emergency City Council meeting at the earliest possible time.
3. The Public Works staff would be directed to place two signs by the boat
launch indicating the emergency temporary "no wake " zone.
4. City staff would notify the residents that an emergency "no wake zone " has
been enacted. The City has a Lake Johanna Association contact that could
assist with sending out an email to residents. If the restriction occurs on a
weekend, an email from the Mayor to the Lake Association would be
appropriate. Staff would send a notification to all residents, depending on
the length of the restriction.
5. City staff would contact the appropriate authorities at the Ramsey County
Sheriff's office. The City has a contact for the boat patrol for Ramsey
County and staff will notify them on the restriction. If it occurs on a
weekend, the general Ramsey County Sherif� s general number will have to
be called.
6. The City will send the DNR notification that the emergency temporary "no
wake" zone has been declared and the official resolution will be sent in.
7. During a restriction, the Public Works staff would do regular checks on the
water level gauge until the water level goes below the designated low mark
for 24 hours. Once the level goes below 879.30 for 24 hours, the signs
would be removed. Staff does not recommend the water level gauge on
Lake Johanna be monitored regularly by the Public Works staff outside of
an emergency "no wake zone" restriction. The recommendation is to rely
on residents and also weather forecasting. If there is concern about the
water possibly reaching the emergency level, Public Works staff would then
schedule gauge checks.
If high water occurrences become more regular, the City could revisit this issue at a later
date and consider amending the current surface water regulations.
Requested Council Motion
Staff recommends approval of Resolution 2012-018: Establishing Emergency High Water
Declaration Procedures on Lake Johanna in Arden Hills.
IlMetro-inet.uslardenhillslPR&PWIParkslMemoslCouncil Memos1060412 Surface Use Regulations.doc
Attachment A :
June 11, 2012 Public Hearing Notice
i��
EN HILLS
City Council
**Public Hearing Notice*�
Notice to Property Owners along Lake Johanna
Hearing 7:00 p.m.
Info: Monday, June 11, 2012
City Hall Council Chambers
1245 West Highway 96
Arden Hills, MN 55112
Topic: Emergency "No Wake Zone"
Background: In July of 2011, the City of Arden Hills had a storm that caused the
elevation of Lake Johanna to rise significantly, causing concerns from residents.
There was confusion regarding who has the authority to close the boat landing and
procedures on creating a"No Wake Zone". City Staff researched this and found that
only the Minnesota DNR has the authority to close a boat landing. The DNR
notified the City that boat launches are rarely closed. However, their suggestion was
for the City to create a"No Wake Zone" in high water occurrences, According to the
Minnesota Water Surface Use Management Rules, in situations of local emergency,
temporary special controls (creation of a"No Wake Zone") may be enacted by a
County, City or Town. The City Council reviewed this topic at their work session on
April 16, 2012. The City Council is considering utilizing these emergency temporary
controls in certain high water emergencies. The City Council is holding a public
hearing to receive input from residents on this topic. Any person in favor of, opposed
to, or interested in this topic will be heard by the City Council at the hearing date and
time listed above. Written comments can also be sent to City Hall.
Further Information: The April 16, 2012 City Council agenda item can be viewed at City
Hall or online at www.ci.arden-hills.mn.us. The June 11, 2012 City Council agenda item
on this topic will be posted no later than Friday, June 8, 2012.
Questions/Comments:
You may attend the hearing or contact Michelle Olson, Parks and Recreation Manager
by:
Mail: 1245 W Hwy 96, Arden Hills, MN 55112
Phone: 651.792-7848
Email: michelle.olson@ci.arden-hills.mn.us
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www.ci.arden-hills.mn. us
Attachment B:
Minnesota Surface Use Management Rules
Water Surface Use Rules
And Statutes
Minnesota
DEPARTMENTOF
NATURALRESOUACES
Minnesota Department
of Natural Resources
500 Lafayette Road
St. Paul, MN 55155-4046
February 2007
Dear Water Surface Use Manager:
Each year the Minnesota Department of Natural Resources (DNR) 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 rules. 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 standards or
parameters, which may be included in an ordinance. For more specific information, a copy of the statutes
and rules are enclosed. Also, see the note on "Enforcement" in the sample ordinance that is 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.
Generally, if more than one governmental unit at the same level (town to town, city to city or county to
county) has jurisdiction oyer the particular body of water, they all must have an ordinance with identical
restrictions and have a signed j oint powers agreement. All of the affected governmental units must
submit the required information to the DNR for approval. Enclosed is an example of a WSIJM 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. 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) 259-5343 or e-mail me at: lcim.elverum(a�dnr.state.mn.us.
Sincerely,
Kim A. Elverum
Boat and Water Safety Coordinator
Enolosures
MINNESOTA WATER SURFACE USE MANAGEMENT RULES
6110.3000 POLICY.
It is the policy of this state to promote full use and enjoyment of waters of tlie state, to promote
safety �for 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 or 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 conservatio� district
ordinance.
Statutory Authority: _M.S. § 361.25
6110.3200 GOAL OF WATER SURFACE USE MANAGEMENT.
The goal of water surface use management shall be to enhance the recreational use, safety, and
enj oyment 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 compatible recreational uses;
B. minimize adverse impact on natural resources;
C. minimize conflicts between users in a way that provides for maximum use, safety, and
enj oyment; and
D. conform to the standards set in part 6110.3700,
Statutory Authority: M.S. § 36.1.25
6110.3300 STATUTORY AUTHORITY.
Parts of 6110.3000 to 6110.4200 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. speed of watercraft;
D. time of use;
E. area of use; and
F. the conduct of other activities on the water body where necessary to secure the safety
of the public and the most general public use.
Statutory Authority: M.S. § 361.25
6110.3400 JURISDICTION OF COMMISSIONER.
The commissioner shall exercise his discretion under Minnesota Statutes, section 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
B. is within the jurisdiction of two or more counties which cannot agree on the content of
I
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
6110.3500 EXISTING ORDINANCES AND RiJLE5.
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 of water surface area to length of
shoreline;
(3) bottom topography and water depth;
(4) shore soils and bottom sediments;
(5) aquatic flora and fauna; ,
(6) 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;
(7) natural and artificial obstructions or hazards to navigation, including b.ut not
limited to points, bars, rocks, stumps, weed beds, docks, piers, dams, diving platforms, and buoys; and
(8) regional relationship: the locations and the level of recreational use of other
water bodies in the area.
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 regixlations 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 watercraf� in
each of the following categories: kept or used by riparians, rented by or gaining access through resorts or
marinas, using each public watercraft launcliing facility, in use on the waterbody.
G. Conflict perception and control preferences: to include opinions gained by surveys or
through public meetings or hearings of riparians, 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
explaining why the particular controls proposed were selected;
C. the proposed ordinance; and
D. a description of public hearings held concerning the proposed controls, including an
account of the statement of each person testifying.
Subp. 3. Commissioner review and approval. Tlie commissioner shall require the ordinance
proposer to provide additional information of the lcind described in subpart 1 when needed in order to
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 to regulate the surface use of waters.
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-per-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 6:00 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. a1124 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.
Conirols 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 matter 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 wake 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 formulat�d 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
y
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enacted by a county, city, or town for a period not more than five days without the commissioner's
approval. The commissioner shall be notified, however, as soon as practicable during this iive-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 ADMIIVISTRATIVE 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 their 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 is 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 for adequate
notification of the public, which shali 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 rules and
ordinances on surface waters of the state for distribution to the public.
Statutory Authority: M.S. § 361.25
RELEVANT WATER SURFACE USE STATUTES
CHAPTER 86B
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.
Subd. 2. Local authority to adopt ordinance. (a) This chapter does not limit the authority of a
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 of over 200,000 or the park board of the city may forbid the use of
motorboats or boats with attached motors on its lakes.
Subd. 3. Nonmotorized carry-on access. A person may access any public waters through public
land with a hand-carried nonmotorized watercraft.
HIST.• 1990 c 391 art 9 s 9; 1997 c 226.s 11
86B.205 WATER SURFACE USE ORDINANCE.
Subdivision 1. Assistance. The commissioner shall develop and publish guidelines to assist
counties adopting water surface use ordinances far waters within their jurisdiction.
Subd. 2. Surface use ordinances. (a) A county board may, by �rdinance, 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) If a 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.
(c) With the authorization of an affeoted 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 �urface use of a 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 ,
(iii) a municipality may by ordinance preempt the county 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 of natural 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 of the 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 water and the conduct 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 allow 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 and 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 for local waters. (a) On request of a county, city, or town, the
commissioner may, after determining it to be in the public interest, 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 14.02 to 14.62, but may not .
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 of watercraft;
(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.
( fl 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
868.211 WATER SAFETY RULES.
The commissioner shall adopt rules 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 must comply
with the requirements of the federal watercraft nurnbering system;
(3) placement and regulation of docks, piers, 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 ventilation, and lifesaving equipment;
(7) standards of safe load and power capacity;
(8) accounting, procedural, and reporting requirements for county sheriff;
(9) designation of swimming or bathing areas;
(10) standards of safety for watercraft offered far rent, lease, or hire;
(11) the use of surface waters of this state by watercraft as provided and in accordance with section
86B.205, subiiivision 9, paragraphs (c) and (d), including:
(i) standards and criteria for resolving conflicts in the use of water surfaces by watercraft;
(ii) procedures for dealing 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, subdivision 9, paragraph (c); and
(12) other z-ules determined by the commissioner to be necessary to implement the provisions of this
chapter.
HIST.• 1990 c 391 art 9 s 11; 1991 c 259 s 10
STATUTES ON LAKE IMPROVEMENT DISTRICTS
103B.551 BOARD. OF DIItECTORS.
Subdivision 1. Membership. After a lake improvement district is established, the county board, joint
county authority, or commissioner that established the district shall appoint persons to serve as an initial
board of directors for the district. Subsequent board members must be elected by persons owning
property in the district at the annual meeting of the district. The number, quali�cations, terms of office,
and method of election, removal, and filling of vacancies of directors shall be as provided in the order
creating the board of directors. The initial and all subsequent boards of directors must include persons
owning property within the district, and a maj ority of the directors must be residents of the district.
Subd. 2. Compensation. The directors shall serve with compensation as deternuned by the property
owners at the annual meeting and may be reimbursed for their actual expenses necessarily incurred in the
performance of their duties in the manner provided for county employees.
Subd. 3. Powers. County boards, joint county authorities, statutory and home rule cities, and towns
may, by order, delegate the powers in this section to the board of directors of a district to be exercised
within the district. Programs and services undertaken must be consistent with the statewide water and
related land resources plan prepared by the commissioner of natural resources and with regional water
and related land resources plans. A body of water may not be improved by using authority granted under
this section unless the public has access to some portion of the shoreline. County boards, j oint county
authorities, statutory and home rule cities, and towns may delegate their authority to a district board.of
directors to: �
(1) acquire by gift or purchase an existing dam or control works that affects the level of waters in the
district;
(2) construct and operate water control structures that are approved by the commissioner of natural
resources under section 103G.245;
(3) undertake projects to change the course current or cross section of public waters that are approved
by the commissioner of natural resources under section 103G.245;
(4) acquire properiy, equipment, or other facilities, by gift or purchase to improve navigation;
(5) contract with a board of managers of a watershed district within the lake improvement district or the
board of supervisors of a soil and water conservation district within the district for improvements under
chapters 103C and 103D;
(6) undertake research to determine the condition and development of the body of water and the water
entering it and to transmit the results of the studies to the pollution control agency and other interested
authorities;
(7) develop and implement a comprehensive plan to eliminate water pollution;
(8) conduct a program of water improvement and conservation; �
(9) construct a water, sewer, or water and sewer system in the manner provided by section 444.075 or
other applicable laws;
(10) receive financial assistance from and participate in projects or enter into contracts with federal and
state agencies for the study and treatment of pollution problems and related demonstration programs;
(11) make cooperative agreements with the United States or state government or other counties or cities
to effectuate water and related land.resource pro.grams;
(12) maintain public beaches, public docks, and other public facilities for access to the body of water;
(13) provide and finance a government service of the county or statutory or home rule city that is not
provided throughout the county or, if the government service is provided, the service is at an increased
level within the district; and
(14) regulate water surface use as provided in sections 86B.205, 103G.605, and 103G.621.
HIST.• 1990 c 391 art 2 s 40; 1996 c 385 art 2 s 7; 2000 c 396 s 3
PARK DISTRICT STATUTES
398.08 GENERAL POWERS.
Park districts shall have all the rights, powers, privileges and immunities of a municipal
corporation at common law and they shall be subject to the duties of a municipal corporation at common
law. Except as otherwise limited in this chapter tliey shall have perpetual succession, may sue and be
sued, may use a corporate seal, may acquire by lease, purchase, gift, condemnation or otherwise such real
and personal property as the purposes of the board may require and may hold, manage, control, sell,
convey, lease or otherwise dispose of such property or its interests therein, The board shall have full
authority to exercise all the powers of the district, to make all necessary or desirable contracts, to procure
public liability and other insurance protection as may be necessary or desirable, to hire and employ help
and assistance as its needs require, to exercise the power of eminent domain, to enact ordinances and to
declare that the violation thereof shall be a penal offense and to prescribe the penalties, thereof, not to
exceed a fine of $100, or imprisonment in a statutory city or county jail for a period of not more than 90
days, or both, and in either case the cost of prosecution may be added to the penalties imposed. The
board shall have full power and authority to acquire and establish parks and to operate, maintain, protect,
improve and preserve a park system and to conduct a recreational program in its parks.
History: 1955 c 806 s 8; 1973 c 123 art S s 7
398.09 SPECIFIC POWERS (Subd. (a) nnly).
Park district boards in addition to the foregoing general powers shall have these specifc
powers: ,
(a) The power to regulate by ordinance the use of the waters of any lake lying wholly within a park
established under this chapter and the use of any lake shore which is within a park established under this
chapter and the waterfront immediately abutting such lake shore for not to exceed 300 feet therefrom, by
all persons, including persons boating, swimming, fishing, skating or otherwise, in, upon or about said
lake, lake shore and abutting waterfront, subject to regulation by the state of Minnesota.
See MN Stats. for remainder of section
History: 1955 c 806 s 9; 1957 c 160 s 1; 1973 c 123 art S s 7; 1984 c 654 art 2 s 127; 1986 c 444; 2001
c44s4
STATUTES REGARDING 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 sections 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 district or exercise any of the
powers granted in this section if a lake improvement disfxict covering the same territory has been created
by a county board under sections 103B.501 to 103B.581. References in sections 86B.205, 103B.501 to
103B.581, and 103F.801 to the county board shall be construed to refer to the governing body of a home
rule charter or statutory city or the board of supervisors of a town.
History.• 1973 c 123 art S s 7; 1973 c 702 s 24; 1975 c 311 s 1; 1978 c 726 s 17; 1986 c 439 s S; 1986 c
443 s 16,17; 1990 c 391 art 8 s 46
�
_. _ ______.___
WATER SURFACE USE WORKSHEET
APPLICANTS FOR WATER SURFACE I7SE ORDINANCES ARE REQUIRED BY MINN. RULE
6110.3600 TO SUPPLY THE FOLLOWING INFORMATION REGARDING THE WATER BODY TO
BE REGULATED, YOU MAY USE THIS FORM OR SEPARATE SHEETS TO PROVIDE THE
NECESSARY INFORMATION. �PLEASE NOTE ANY INFORMATION THAT IS NOT
RELEVANT.1
Physical Characteristics
a. Size - normal surface acreage, if available, or the basin acreage listed on the DNR Web Page
or in the Division of Waters Bulletin No. 25 "An Inventory of Minnesota Lakes."
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
c. Bottom topography and water depth (deepest & average) (available from DNR regional 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 headquarters).
f. Water Circulation
I'or Lakes: the existence and locations of strong currents, inlets, and large water level
fluctuations.
For Rivers and Streams: velocity and water level fluctuations.
g. Natural and artificial obstructions or hazards to navigation, including but not limited to
points, bars, rocks, stumps, weed beds, docks, piers, dams, diving platforms; and buoys.
h. Regional relationship — the locations and the level of recreational use of other water bodies in
the area.
2. Existing development.
a. Private — to include number, location, and occupancy characteristics of permanent homes,
seasonal homes, apartments, planned unit developments, resorts, marinas, campgrounds,
and other residential, commercial, and industrial uses.
b. Public — to include type, location, size, facilities, and parking capacity of parks, beaches,
and watercraft launching facilities,
3.
4.
5
�
Ownership of shoreland - to include the location and manag�ing 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 sheriffls office).
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 marinas.
c.
d.
7
Using each public watercraft launching facility.
In use on the waterbody,
Conflict perception and control preferences — to include opinions, gained by surveys or through
public meetings or hearings of riparians, transients, local residents, and the public at large.
IN ADDITION 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.
2. A statement evaluating whether the information reveals significant conflicts and explaining why
the particular controls proposed were selected.
3. The proposed ordinance.
4. A description of public hearings held concerning the proposed controls, including an account of
the statement of each person testifying.
NAME (TYP� OR PRINT)
SIGNATURE
TITLE OF PERSON
COMPLETING FORM
PHONE / E_MAIL
Return completed form ta
Minnesota Department of Natural Resources
Boat and Water Safety Section
500 Lafayette Road
St. Paul, Minnesota 55155-4046
SAMPLE WATER SURFACE USE ORDINANCE
STATE OF MINNESOTA
COUNTY OF
(CITY OR TOWN OF
ORDINANCE NO.
AN ORDINANCE REGULATING THE SURFACE USE OF (suecifv body of water).
Be it ordained and enacted by the (Countv Board of Commissioners, Citv Council or Town
Boar State of Minnesota, that these amendments following, by this act, hereby replace and nullify
those like numbered clauses now existing and a part of (Countv, Citv or Town) Ordinance No. , or
are newly enacted sections which, upon their enactment, become.a. part of (Countv. Citv or Town)
Ordinance No.
Section 1: PURPOSE, INTENT AND APPLICATION: As authorized by Minnesota Statutes
86B.201, 86B.205, arid 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 conixol and regulate
the use of the waters of in �Count� Citv or Town), Minnesota, said bodies of water being
located entirely within the boundaries of (Countv, City or Town), to promote its fullest use and enjoyment
by the public in general and the citizens of (County, Citv 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 �Countv, Citv
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 (specifv bod�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 of 6:00 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.
(c) 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 sflall 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: ENFORCEMENT*: The Primary responsibility for enforcement of this ordinance shall
rest with the * . This, however, shall not preclude enforcement by other licensed peace
officers.
*NOTE: If the local unit of government that is doing the ordinance does not have any law enforcement capability, you must .
contact the sheriff's departinent prior to starting. anv work on the ordinance to make sure they are willing and able to be the
primary agency to enforce any restrictions. If you are a city that has a police deparhnent, they need to be included as a primary
enforcement agency, as well. State agencies, including tHe DNR, are generally not available for the primary enforcement of local
ordinances.
Section 5: EXEMPTIONS: All authorized Resource Management, Emergency and �nforcement
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 �Countv, Citv 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 person who shall violate any of the provisions of this Ordinance
shall be guilty of a
Section 8: EFFECTNE DATE: This Ordinance shall be in effect from and after the date of its
passage and publication.
;`,5
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Passed by the (Countv Board of Commissioners, City Council or Town Board� on this day
of , 20_.
Sample Joint Powers Agreement
AGREEMENT made this day of (Month and year) between the City of
(City, Township or County and State) and (City, Township or County and State) pursuant
to Minnesota Statute Section 471.59.
I. GENERAL PiJRPOSE. The general purpose of this agreement is to regulate the speed and wake of
watercraft utilizing that portion of the (Body of Water and location) all for the safety
and general welfare of the public utilizing said waters.
II. METHODS. The Cities of and may hereafter adopt such
ordinances and regulations as they deem fit to implement the general purposes referred to herein. Any
such ordinances adopted by the Cities shall be identical in nature so as to provide uniformity in
enforcement and regulation
III: ENFORCEMENT
Subd. A. The City of shall be solely responsible for notifying the public by
official notification, posting and buoying all areas to be regulated as described herein.
Subd. B. The City and all appropriate law enforcement agencies are authorized and entitled to
enforce the provisions of any regulations or ordinances adopted pursuant to this agreement.
N. TERMINATION. Either party may terminate this agreement by giving days of notice to the
other party of its intention to do so. Furthermore, this Agreemerit shall automatically terminate if the
ordinances adopted pursuant to this agreement are modified to such a degree that they are substantially
different in their terms or in the event State Law supercedes local authority to regulate the activities
referred to herein.
In witness whereof, the parties have signed this Agreement the day and year first above written.
(City, Township or County) of
:
(City, Township or County) of
:
Its Mayor
(Title)
(Title)
A hment C :
ttac
Draft Resolution for Emergency High Water Restriction Declaration
����
EN HILLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2012- ????
RESOLUTION DECLARING AN EMERGENCY HIGH WATER RESTRICTION
ON LAKE JOHANNA IN ARDEN �LS
WHEREAS, The City of Arden Hills values the
community and;
WHEREAS, The City Council is
the bounds set forth in State law and;
WHEREAS, Water Surface
6110.3700, Subp. 9 stipulates that i�
controls may be enacted by a Count
s of lo�
Town;
resources within the
protect sai al resources within
�rd t forth in sota Rule
cy, temporary ial
t laun onitors the lake levels; and
WHEREAS, the gauge just to
Ramsey County En�
MSL datum) will ca
emergency restriction
;rmin o �, wit�the Minnesota DNR and
at a lak levati 879.50 feet (based on 1912
the na esource and is the water level where an
�. and
RE, T RE .`�y the City Council of the City of Arden
Hills, esota, that �: erg high wa estriction be declared on Lake Johanna
when th er reaches 3 (879. more on the gauge located to the left of the boat
landing, al , rcraft shall te at -no wake speed on the entire lake, until it drops
below 2.8 feet .` 30) on the e for a minimum of 24 hours; and
NOW TH
directs City staff to in
notification by mail to
and
E IT FURTHER RESOLVED that the City Council
zblic by posting a sign at the boat launch and sending a
informing them of the emergency high water restrictions;
NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council
directs staff to notify the Minnesota DNR of these emergency restrictions as soon as possible.
P:1PR&PW1Parks\Surface Water Regs\Resolution DRAFT for high water declaration.doc
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS
THIS ???? DAY OF ????, 2012.
ATTEST:
PATP
DAVID GRANT, MAYOR
P:\PR&P1MParks\Surface Water Regs\Resolution DRAFT for high water declaration.doc
Attachment D:
Draft Resident Notification for an Emergency High Water Restriction
Declaration
.� '��-
�S .I�EN HILLS
Notice to Property Owners along Lake Johanna
**Emergency Temporary "No Wake Zone"
Declared on Lake Johanna*�
On June 11, 2012, the City Council passed a Resolution establishing
procedures for declaring a temporary "No Wake Zone" in emergency
high water situations. This notice is to inform you that on
********DATE*****, the City Council declared an emergency high water
restriction on Lake Johanna. This is declared when the water reaches 3
feet (879.50) or more on the gauge located to the left of the boat
landing. All watercraft shall operate at slow-no wake speed on the
entire lake, until it drops below 2.8 feet (879.30) on fhe gauge for a
minimum of 24 hours. The City has posted two signs at the boat
landing notifying lake users of the restriction. The City will monitor the
gauge and remove the signs when the restriction has been lifted.
Questions/Comments:
Contact Michelle Olson, Parks and Recreation Manager by:
Mail: 1245 W Hwy 96, Arden Hills, MN 55112
Phone: 651.792-7848
Email: michelle.olson@ci.arden-hills.mn.us �����
� ''�
www.ci.arden-hills.mn.us
Attachment E:
Draft Text that would appear on signs in case of Emergency High Water
Restriction Declaration
EIuIERGE�CY HIGH
1�11"ATER RESTRICTIOI�
DECLARED
�y the City of Arden Hills
AI I watercraft sha I I
o e rate at slow-no wa ke
p
s eed on the enti re la ke.
' This si n will remain until '
� �
the restrictions have been
removed.
6110.3700 — Wate� Surface Management Standards
Subp. 9. - Emergencies. In situations of local emergency, temporary special
controls may be enacted by a County, City or Town.
For more information, please contact the City of Arden Hills
at 651-792-7800
Attachment F:
Resolution 2012-018: Establishing Emergency High Water Declaration
Procedures on Lake Johanna in Arden Hills
����
EN HILLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2012-018
RESOLUTION ESTABLISHING EMERGENCY HIGH WATER DECLARATION
PROCEDURES ON LAKE JOHANNA IN ARDEN HILLS
WHEREAS, The City of Arden Hills values the natural resources within the
community and;
WHEREAS, The City Council is responsible to protect said natural resources within
the bounds set forth in State law and;
WHEREAS, Water Surface Management Standards as set forth in Minnesota Rule
6110.3700, Subp. 9 stipulates that in situations of local emergency, temporary special
controls may be enacted by a County, City or Town; and
WHEREAS, the gauge just to the left of the boat launch monitors the lake levels; and
WHEREAS, the City has determined through warking with the Minnesota DNR and
Ramsey County Environmentalists that a lake water elevation of 879.50 feet (based on 1912
MSL datum) will cause damage to the natural resource and is the water level where an
emergency restriction would be declared;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden
Hills, Minnesota, that an emergency high water restriction be declared on Lake Johanna
when the water reaches 3 feet (879.50) or more on the gauge located to the left of the boat
landing, all watercraft shall operate at slow-no wake speed on the entire lake, until it drops
below 2.8 feet (879.30) on the gauge for a minimum of 24 hours;
NOW THEREFORE, BE IT FURTHER RESOLVED that an emergency
Council meeting will be scheduled as soon as possible to declare the emergency by
resolution. If the emergency restriction occurs on a weekend or holiday, the Mayor will
represent the Council and make the declaration, followed by an emergency Council meetirig
at the earliest possible time to pass a resolution in support of this declaration;
NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council will
direct City staff to inform the public by posting a sign at the boat launch and sending a
notification by mail to lake users informing them of the emergency high water restrictions;
NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council
directs staff to notify the Minnesota DNR of these emergency restrictions as soon as possible.
\\Metro-inet.uslardenhillsWdmin\Council\Resolutions1201 212 01 2-01 8 Resolution for water level declaralion.doc
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS
THIS 11TH DAY OF JUNE, 2012.
ATTEST:
DAVID GRANT, MAYOR
PATRICK KLAERS, CITY ADMINISTRATOR
1\Metro-inet.uslardenhillsWdminlCouncil\Resolutions12012�2012-018 Resolution for waler level declaration.doc
Attachment G :
History of Recorded Water Levels on Lake Johanna
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