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5.h Resolution 06-19-18-02 Recommending approval of the application for a slalom course on Bone Lake Staff Report Date of Meeting: June 19, 2018 To: City Council From: Brenda Eklund, Deputy Clerk Re: Slalom Course on Bone Lake Background: For many of the past 20 years, Terry Dreyer has applied to Washington County for a permit to install a slalom course on Bone Lake. The county application requires the city/township to approve the permit application first. The city/township has approved the request in past years. Issue: Should the City approve Terry Dreyer’s slalom course on Bone Lake? Proposal Details: A decision to issue or deny a permit for placement of structures in public water bodies is made by the Sherriff’s Office. In order to fully consider every application and allow for participation of local government units in this decision, the Sheriff’s Office require s the applicant to obtain written approval of the city or township in which the course is to be located . Ideally, the city or township would issue such written approval only after they have complied with the open meeting law and had this matter heard in a public proceeding so that interested parties could comment and provide citizen input into the decision-making process. The Sherriff’s Office has communicated that strong consideration will be given to the input from local government units, particularly those who have allowed for public input into the decision , and that local government should have a strong say in how the surface of the waters within its jurisdiction is used for these purposes. A copy of Mr. Dreyer’s application is included in the packet. The permit requires $300,000 liability insurance and the applicant has provided $500,000. The permit application also requires buoys and proper reflective material on the structure. A copy of the County rules for slalom courses is included with this report. No complaints were received by the City in past seasons’ use of the course on Bone Lake. In the event of high water levels that would necessitate implementing the no-wake ordinance within 300 feet of shore of Bone Lake, the course must be outside the limits of the slow, no- wake zone. Mr. Dreyer indicated that the course is more than 300 feet from the shoreline and would unlikely be used in the event of high water. Fiscal Impact: NA Options: 1) Approve Resolution 06-19-18-02 approving the application for a slalom course on Bone Lake and forward to Washington County Sheriff’s Office. 2) Do not approve the slalom course on Bone Lake. Office of the Sheriff Commitment to Excellence William M. Hutton Sheriff Daniel Starry Chief Deputy Law Enforcement Center • 15015 62nd Street North — P.O. Box 3801, Stillwater, Minnesota 55082-3801 Phone: 651-430-7600 • Fax: 651-430-7603 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action Dan Starry Sheriff Brian R. Mueller Chief Deputy May 30th 2018 Dear Mayor or Township Board Supervisor; Under Minnesota Rules 6110.1800, a person may make an application for a permit to place a temporary structure or buoy upon a body of water. The sheriff of the county may issue such permits, if in the sheriff’s opinion, that structure or buoy will not constitute an undue hazard or any illegal obstruction to navigation. In order to fully consider every application and allow for participation of local government units in this decision, the Sheriff’s Office would like to amend its application and application process. Under our new procedure, before a water ski slalom course would be permitted, we require the applicant to obtain written approval of the city or township in which the course is to be located (see enclosed application form). Ideally, the city or township would issue such written approval only after they have complied with the open meeting law and had this matter heard in a public proceeding so that interested parties could comment and provide citizen input into the decision making process. To that end, we ask that you consider implementing such a procedure in your jurisdiction, if you have a body of water, and if application for a water ski slalom course is made. The decision as to whether or not to issue a permit by law ultimately rests with the Sheriff’s Office. However, we wish to make a decision to issue, or deny, a permit based upon as much appropriate information as possible. We assure you that strong consideration will be given to the input from local government units, particularly those who have allowed for public input into the decision. We believe that local government should have a strong say in how the surface of the waters within its jurisdiction is used for these purposes. Thank you in advance for your courtesy and cooperation in this matter. If you have any questions, please do not hesitate to contact me. Sincerely, Sergeant Kyle Schenck Washington County Sheriff’s Office – Water, Parks and Trails Unit Office of the Sheriff Commitment to Excellence William M. Hutton Sheriff Daniel Starry Chief Deputy Law Enforcement Center • 15015 62nd Street North — P.O. Box 3801, Stillwater, Minnesota 55082-3801 Phone: 651-430-7600 • Fax: 651-430-7603 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action Dan Starry Sheriff Brian R. Mueller Chief Deputy TEMPORARY STRUCTURE PERMIT REGULATIONS for SLALOM COURSES A regulation slalom course is 850 feet long and 75 feet wide with 22 floats/buoys and consumes a large area of water surface. For this reason the following rules shall apply: 1. The city or township where the course is located shall be notified and written permission is required before the Sheriff Office issues a permit. 2. Course permits must be applied for annually and any complaints regarding the course from the previous year will be reviewed by the city or township to determine if the course should awarded another permit. 3. The course shall not be placed where it would be a navigational hazard or obstruction. 4. The course cannot exceed 900 feet in length. 5. The permit number must be displayed on the end floats. 6. Depending on the body of water, other restrictions may be imposed. 7. Applicant shall maintain a comprehensive liability insurance policy in the amount not less than three hundred thousand dollars ($300,000). The policy shall remain in effect for the duration of the effective dates. A Certificate of Insurance must be supplied to the Sheriff’s Office with the permit application. 8. Courses that are removed after each use do not need a permit. CITY OF SCANDIA RESOLUTION NO.: 06-19-18-02 RESOLUTION RECOMMENDING APPROVAL FOR A SLALOM COURSE ON BONE LAKE WHEREAS, Terry Dreyer has applied to the Washington County Sherriff Department for a permit to install a slalom course on Bone Lake in previous years and the City and Township have approved the requests, WHEREAS, the decision to issue or deny a permit for placement of structures in public water bodies is made by the Sherriff’s Office and the Sheriff’s Office requires the applicant to obtain written approval of the city or township in which the course is to be located , WHEREAS, the Sherriff’s Office has communicated that strong consideration will be given to the input from local government units and that local government should have a strong say in how the surface of the waters within its jurisdiction is used for these purposes , WHEREAS, Dreyer has provided evidence of liability insurance in excess of the $300,000 required by the Sherriff’s Office, WHEREAS, The City has not received complaints in past seasons’ use of the course on Bone Lake, and WHEREAS, Dreyer has indicated that the course is more than 300 feet from the shoreline and would not be impacted if conditions dictated that a no-wake zone be imposed within 300 feet of the shore of Bone Lake. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it recommends the Washington County Sherriff Department approve the application for a slalom course on Bone Lake. Adopted by the Scandia City Council this 19th day of June, 2018. ________________________________ Christine Maefsky, Mayor ATTEST: ___________________________________ Neil Soltis, Administrator/ Clerk