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File #: DC-1270    Version:
Type: Consent Action Status: Passed
File created: 7/14/2022 In control: Board of Commissioners
On agenda: 8/23/2022 Final action: 8/23/2022
Enactment date: 8/23/2022 Resolution #: 22-342
Title: Scheduling Of Public Hearing To Receive Comments On Proposed Amendments To Ordinance 128: Water Surface Use Ordinance Regulating Lake Byllesby Reservoir
Sponsors: Parks, Facilities, and Fleet Management
Attachments: 1. Ordinance 128 Proposed Amendments, 2. Location Map
DEPARTMENT: Parks, Facilities, and Fleet Management
FILE TYPE: Consent Action

TITLE
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Scheduling Of Public Hearing To Receive Comments On Proposed Amendments To Ordinance 128: Water Surface Use Ordinance Regulating Lake Byllesby Reservoir
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RESOLUTION
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WHEREAS, by Resolution No. 03-208 (April 22, 2003), the Dakota County Board of Commissioners adopted Dakota County Ordinance 128 to regulate the surface use of the waters of Lake Byllesby to promote the health, safety, and welfare of all persons using the lake, as well as to protect the lands surrounding the lake from damage during high water conditions; and

WHEREAS, Dakota County has designed and constructed a new recreational river access area below the Byllesby Dam, introducing new use to the site; and

WHEREAS, amendments to Ordinance 128 are required to prohibit surface water access to the Byllesby Dam in the interest of personal safety and homeland security; and

WHEREAS, the proposed amendments clarify the extent of surface water restrictions above and below the dam, and staff are also using this opportunity to make technical corrections and propose additional updates to improve formatting and clarity of the ordinance for ease of understanding, interpretation, and enforcement; and

WHEREAS, Minn. Stat. ? 86B.205, subd. 2(b) states that if a body of water is located within more than one county, a water surface use ordinance is not effective until adopted by the county boards of all counties where the body of water lies, and because the waters of Lake Byllesby and the Cannon River are wholly located within the boundaries of both Dakota and Goodhue Counties, the two Counties must enact a single, uniform ordinance; and

WHEREAS, Goodhue County has reviewed the proposed amendments and is proceeding with public review and consideration by the Goodhue County Board of Commissioners on a similar timeframe as Dakota County; and

WHEREAS, Minnesota counties must comply with the Water Surface Manageme...

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