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Laske Owasso Task Force
Roseville
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1996 Lake Owasso Task Force
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Laske Owasso Task Force
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3/9/2018 4:19:15 PM
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1 Regczrdless if the ordinance is changed or not, would the city be liable for any accidents an the <br />lake? The city would not be liable unless the situation were very unusual. Roseville <br />would have "discretionary irnmunity". <br />What efJ�ect w�uld an ordinance change have aiz ather lakes in or partly zn Roseville, such as <br />McCurron,s and Jo,sephine? The other lakes would also be changed (what if a JPA with <br />another city was required?-PE). Only 702.03 (speed) and 702.10 (aircraft) are unique to <br />Owasso. <br />What rale do the county com»iissioners have, if any, in setting rules or in determining the nature <br />of enfarcement and permitting? They have no role in enforcement, perrnitting, or setting <br />rules, unless the city daes nothing. Both Shoreview (city code 903.020) and Roseville <br />(702.04; 702.06) have 300' no-wake buffer ordinances enacted in 1953, so the county <br />would not step in. Shoreview cannot chasige to 150' witliout Roseville's agreetnent and <br />DNR approval. The old laws are in effect now. Other discussion: The reason to change <br />the ordinance is to comply with DNR rules (GW). The Sheriff doesn't like to enforce <br />300' because it is hard to estimate, and warnings are issued unless the violation is so clear <br />that a citation wauld hold up in court (MC). <br />With regard to seasonal permits, does the sheriff'consider only safet��, or are there any other <br />criteria? It is primarily safety, but also any other 1aws, including city codes (MC). <br />More general state goals for water surface use (MN 6110.3200) are not considered. Both <br />cities' approval is needed before a permit is issued (DA); a slalom that is not left up <br />overnight doesn't need a permit (SP) <br />What is the legal status of the ct�rrent procedZsre for granting annual permits? Is the sheri� <br />obliged to fallaw the citzes' wishes? (Sherif,�obtains approval af bath Rosevzlle and <br />` Shoreview before granting; publzc notification and/or hearing and city-level decision- <br />making process) Current Sheriff s policy is to require approval of both cities, but this is <br />not a legal requiretnent. Roseville cannot create a city ordinance requiring the Sheriffto <br />obtain Roseville's approval prior to issuance of a permit, nor can Raseville specifically <br />outlaw any installation such as a slalom course, since the DNR gives this power to the <br />county Sheriff. A change in state law would be required to do this. <br />A general discussion of Roseville's method of approving seasonal permit <br />applications ensu�d - The LOTF should iYiake recotntnendations to city council regarding <br />an appropriate permit approval procedure (PE). The city could consider both safety and <br />other lake management goals. In the las� few years, residents near current installations <br />were aotified prior to the city decision (DA); no objections were raised, so notices ceased <br />to be sent; starting 1996, the city will no longer approve without a public hearing (North). <br />The existing slalom course is toa crowded; owners cannot prevent others from using it; a <br />course in SW end of lake would be useful in certain wind conditions; this course would be <br />portable but not necessarily pennanenr, it would serve users in the SW end (DA). <br />What are the specific riparian rights? "Reasonable" use = access to, use of water. Rights extend <br />to ordinary high water mark (the point at which vegetation changes from priniarily <br />terrestrial to primarily aquatic (MC); commonly, where trees start (JS). A DNR <br />appropriations permit is needed to pump > 10,000 gallons / day. <br />Do shore owners have the right to clear access from shore to lake? Yes. It is a riparian's right to <br />motor out from a dock. Because statutes or ordinances are in abrogation of (supersede) <br />cominon la.w, travel from/to dock must be done at no-wake speed, according to the current <br />;, ordinance. MC felt more information was needed on how to specify this right and said he <br />
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