6.a) Staff Report-Public Hearing-Ordinance Regulating Watercraft on Bone LakeSCANDIA
Staff Repovt
Date of Meeting: August 19, 2014
To: City Council
From: Kristina Handt, Administrator
Re: Public Hearing -Watercraft Regulations During High Water on Bone Lake
Background:
MN Administrative Rule 6110.3700 allows counties, cities, and towns to implement a no wake rule
on lakes under certain circumstances.
Staff began looking into this issue following a request from a resident on Bone Lake to post a no
wake sign. After the Council directed staff to prepare the ordinance for Bone Lake at the July work
session further information was obtained from the DNR. Previous communications had only related
to a temporary slow no wake for 10 (then extended to 30) days. As previously discussed, with the
Council only meeting at certain times in the month it can be difficult to plan for a temporary slow no
wake zone given the rainfall and weather fluctuations. Having an ordinance that sets the rules for the
slow no wake will allow staff to implement it when certain conditions are met.
Issue:
Should the City take steps to institute a slow speed, no wake zone when water levels exceed the
Ordinary High Water Level (OHWL) on Bone Lake? What should the parameters of the slow no
wake zone be?
Proposal Details:
The DNR must approve the slow no wake ordinance before the Council can adopt it. In their
review of the ordinance the DNR requires a significant amount of information about the lake
such as its physical characteristics, development around the lake, ownership of the shoreland,
public regulations, accident history, watercraft usage on weekdays and weekends, and a
perception of conflicts. A map is also required portraying the info. Lastly, the DNR requires a
public hearing on the ordinance and that comments from the public hearing be included in the
application from the City.
Much of the information was gathered from the DNR's website and with the help of the Comfort
Lake Forest lake Watershed District. On a Saturday in July there were 27 boats from the public
landing and 25 boats from property owners on the lake. On a Monday there were 15 from the
landing and 12 from property owners. Margie Schmidt, President of the Bone Lake Lake
Association, noted that the number of boats increased as the weekend got closer.
A notice of the public hearing was published in the Country Messenger on July 29, 2014. It was
also posted on the City's website and facebook page. Lastly, the Lake Association included it in
their newsletter/communications.
The ordinance would allow the City to implement a no wake zone within 300 feet of the
shoreline of Bone Lake if the water level exceeded the OHWL. As stated in the previous letter
from the DNR, the goal should be to apply the minimum restrictions on watercraft use to protect
property and the natural resources. Once enacted, the no wake would remain until the water
level is below the OHWL for three days.
The Mayor should open the public hearing, accept comments, and then close the public hearing.
No other action is required of the Council at this time.
Fiscal Impact:
Direct costs to the City would be the cost of posting the signs.
Costs to landowners could be property damages from high water levels.
Other indirect costs include tourism and recreation related business may experience a loss in
revenue if boating is restricted.
Options:
Accept public comments. They will be forwarded on to the DNR along with other
required materials. Once the DNR approves the application, then the Council can act on
the ordinance.