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Lake Owasso Task �orcQ <br />Summary of Discussion with <br />City Attorney (10-16-96) <br />Legal council was Mitch Converse, City Attorne}�s Office. The LOTF presented <br />Mr. Converse with a set of questions they felt necessary to make an informed <br />decision. <br />Backtzround Le�al Status: <br />• 300' no wake setback ordinance is legally in effect for both the Shoreview <br />and Roseville sections of Lake Owasso. The 150' ordinance adopted by <br />Shoreview does not take effect on Lake Owasso until it is ratified by <br />Roseville through a Joint Powers Agreement and approved by the DNR. <br />� Roseville's ordinance predates the states regulations on water surface use <br />management (max 150' setback) and therefore enjoys "grandfather" ;,, <br />status. <br />HiAhli�hts of the Task Forces Questions to Mitch Converse: <br />Are surface use rules statutes or DNR commissioner's arders? Does the legislature <br />or the DNR commissioner set rules? <br />They are both legislative statutes (86B) and DNR rules (Sect 6110). <br />Can we change only some of parts of the current Roseuille ordinance and keep <br />others and still maintain the "grandfathering" of the retained elements? <br />An individual section would lose "grandfather status if any words in that <br />section were changed; other unchanged sections woulsi probably remain <br />grandfathered. Once the 300' set back is changed, it would be impossible to <br />go back, under current DNR rules. <br />Does th.e 340' rule apply to shoreline owners accessing the lake perpendicular <br />in /out from shore? <br />It applies to all. <br />Under the current ordinance, can a boat go within 300' of shore i f no one is on <br />shore? <br />Motorboats can, but ski boats, skiers and surtboard riders cannot. <br />Shor�line is defined as the ordinary high water mark and cattails and lily <br />pads are part of the lake, not the shore. <br />