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6. Rezoning Amendment of Mooring of Watercraft CITYOF ---- 1 t � 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937 -5739 1 MEMORANDUM 1 TO: Don Ashworth, City Manager FROM: Kate Aanenson, Planner II DATE: January 31, 1992 1 SUBJ: Reconsideration of Zoning Amendment of Mooring of Watercraft 1 BACKGROUND 1 At the last City Council meeting on Janu40 27, 2, it was voted to reconsider a recently approved ordinance dealing with the moOing of ? . tercraft. The Council directed staff to review and come up with some different language f. J a portion to the proposed amendment 1 _ regarding mooring of watercraft. r The ordinance originated from co rns raised at the 'ty Council, where a discussion of 1 problems that are occurring • "� lakeshore ownersvhose docks and moorings were impacting adjoining propertie ∎ ■ility to use the lake. Stiff was asked to review the matter and propose an ordinance :iendment that would aidl resolving the issue. This was ' conceptually reviewed bithe Planning Commission and C Council last fall. The proposed amendment to the or d i nance ° _ : -�,, , , , . - . ry_ Commission on November 6 1991, and at theCity on '99 c, 3 io, 9, During these ' meetings the majors issue of concern was the dock setback" zo ne. 'e o i iii " - s sue that has become a concern is liisi , docking to only those watercraft • : • z • 'registered in the name of the owner of the lake` re ' , fr i ) - , ?; atercraft is moored or docked. Although this issue was not discussed at gh gr � engths during these meetings it has become a concern to a number of the residents. 1 1 jrit tor PRINTED ON RECYCLED PAPER 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Mooring of Watercraft January 31, 1992 Page 2 1 ANALYSIS ' The way the proposed ordinance amendment reads is; "all watercraft being moored or docked overnight must be registered in the name of the owner of the lakeshore site in front of which the watercraft is moored of docked ". 1 Currently, the City Code, Chapter 6, Boats and Waterways, regulates the number of boats � that can be moored or docked to any lakeshore lot. The maximum number of boats allowed ' is three. In addition, the ordinance states that no watercraft shall be moored or docked unless the watercraft is registered in the name of the owner of a lakeshore site on the lake, or in the name of a member of the owner household. This stipulation has been a ' requirement since 1973 when it was implemented as a part of the Water Surface Usage Ordinance (Attachment #1). 1 Compliance with the ordinance is handled on a complaint basis. Staff has had almost no complaints regarding mooring or docking of watercraft where they are not registered to the Lakeshore owner. As we see it, the major area of concern is not the ownership of the watercraft being moored major p g o ed but that the lakeshore owners permission has been given. It is our opinion that the number ' and location of boats is the issue and not ownership. Thus, we believe that the ordinance language should be clarified to eliminate the ownership requirement. In addition, any watercraft being moored must have the lakeshore owners permission as well as maintaining 1 the dock setback zone. ' The City Attorney has drafted a new ordinance for your review. This new ordinance reflects the discussed changes (Attachment #2). ' RECOMMENDATION Staff is recommending that the City Council adopt the new language for the proposed 1 amendment for the Mooring of Watercraft. Attachments 1. Existing Surface Water Management Ordinance 2. Proposed Ordinance regarding Mooring of Watercraft ' Manager's Recommendation: As noted above, the existing ordinance has been in P lace since 1973. To the best of my knowledge we have never prosecuted or forced to use the 1 existing ordinance. The requirement for the boat being registered to the homeowner or a member his household has only provide() an additional tool if a severe violation were to occur, i.e. the property owners leasing their dock space and such coming at the expense of 1 neighbors. 1 CITY OF CHANHASSEN 1 CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 1 AN ORDINANCE AMENDING CHAPTERS 6 AND 20 OF THE CHANHASSEN CITY CODE CONCERNING MOORING OF WATERCRAFT THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Section 6 -27(b) of the Chanhassen City Code is , amended to read: (b) No watercraft shall be moored or docked overnight on the water of any lake unless, (1) it is currently registered pursuant to Minnesota Statutes Chapter 361 in the name of the owner of the lakeshore site in front of which the watercraft is moored or docked, or (2) the watercraft owner has written permission from the owner of the lakeshore site in front of which the watercraft is moored or docked. The lakeshore owner may not receive or be entitled to any payment for the written permission. Section 2. Section 6 -27 of the Chanhassen City Code is amended by adding subparagraph (c) to read: ' (c) Except as provided in Section 6- 27(b), no watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone. Section 3. Section 20 -263 of the Chanhassen City Code is amended by adding subparagraph (16) to read: 1 No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone. ' Section 4. This ordinance shall be effective immediately upon its passage and publication. 1 PASSED AND ADOPTED by the Chanhassen City Council this day of , 1992. ATTEST: Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor (Published in the Chanhassen Villager on , 1992.) 1 E ( I 5T i N § 6 -24 CHANHASSEN CITY CODE (2) Obstruct reasonable use or access to any other dock, mooring or other structure ' authorized under this chapter; (3) Present a potential safety hazard; or (4) Be detrimental to significant fish and wildlife habitat or protected vegetation. (Ord. No. 73, § 3.01, 7- 11 -83) 111 Sec. 6-25. Construction and maintenance generally. Docks, moorings and other structures may be constructed of such materials and in such a manner as the owner determines, provided that they shall be so built and maintained that they do not constitute a hazard to the public using the waters of the lake and they shall be ' maintained in a workmanlike manner. (Ord. No. 73, § 3.07, 7-11-83) ' Sec. 6-26. Docks. (a) No dock shall exceed six (6) feet in width and no dock shall exceed the greater of the following lengths: (1) Fifty (50) feet; or (2) The minimum straight -line distance necessary to reach a water depth of four (4) feet. ' (b) The width (but not the length) of the cross -bar of any "L" gt y Tor L shaped dock shall be included in the computation of length described in the preceding sentence. The cross -bar of ' any such dock shall not measure in excess of twenty -five (25) feet in length. No dock shall encroach upon any dock set -back zone; provided, however, that the owners of any two (2) abutting lakeshore sites may erect one (1) common dock within the dock set -back zone ' appurtenant to the abutting lakeshore sites, if the dock is the only dock on the two (2) la'.ceshore sites and if the dock otherwise conforms with the provisions of this chapter. No ' more than one (1) dock shall be permitted on any lakeshore site. (c) No person shall store fuel upon any dock. (d) No oscillating, rotating, flashing or moving sign or light may be used on any dock. (e) No advertising signs shall be displayed from any dock. (Ord. No. 73, §§ 3.02, 3.03, 3.09, 3.10, 7-11-83) • Sec. 2 B- 7. Mooring, docking, etc., of watercraft. (a) Except for privately -owned commercial resorts or commercial boat landings estab- lished prior to July 11. 1983, no person shall moor overnight, dock overnight, or store overnight more than three (3) watercraft on any lakeshore site or upon the waters of any lake. ' Docking of watercraft at any lakeshore site or storage of watercraft upon any Lakeshore site is permissible however at any time other than overnight. 332 1 BOATS AND WATERWAYS § 6-30 ( No watercraft shall be moored, docked or stored overnight on any Lakeshore site or on La)) aters of any lake unless the watercraft is either: ' ) Currently registered, pursuant to Minnesota Statutes chapter 361 in the name of the owner of a lakeshore site on the lake or in the name of a member of the owner's household; or ) Currently registered as a guest boat at any privately -owned commercial resort or commercial boat landing located on the lake. No 73, §§ 3.04, 3.05, 7.11 -83) • Sec. 6.28. Swimming rafts, ski jumps, diving taverns, etc. (a) Swimming rafts may only be Located directly in front of a lake shore site owned y y y weed by the raft owner or with the written approval of the owner of the lake shore site. All swimming rafts shall meet the minimum standards in this subsection. Their size shall not exceed one hundred forty -four (144) square feet. Swimming rafts shall project over the water surface not less than one (1) foot and not more than five (5) feet, measured vertically, above the surface of the lake. Swimming rafts shall not be located in areas with a depth of less than seven (7) feet. Swimming rafts shall be reflectorized as provided in subsectiori (b). Their distance from the ordinary high water mark shall not exceed one hundred (100) feet. (b) Swimming rafts. ski jumps, diving towers and other structures surrounded by the waters of any lake, whether floating or on posts, shall be lighted with a light visible in all directions, or have attached thereto sufficient reflectorized material so as to reflect light in all , • directions. The material shall be capable of retaining eighty (80) percent of its dry weather reflective signal strength when wet. (Ord. No. 73, §§ 3.06, 3.09, 7.11 -83; Ord. No. 109. § 1, 9- 29.89) , Sec. 6-29. Fueling facilities. Installation of fueling facilities on docks, moorings and other structures shall be prohibit- ed Any fueling facilities which were in active use prior to September 7, 1983, shall be deemed to be nonconforming uses. No such nonconforming fueling facility shall be enlarged or altered or increased or occupy a greater area than that occupied on September 7, 1983. Any noncon- forming fueling facility which is partially or totally destroyed by any cause, may be restored to its former use and physical dimension if said restoration is completed within one (1) year of its partial or total destruction. Maintenance and necessary structural repairs of a noncon- forming fueling facility are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such fueling facility. ' (Ord. No. 73, § 3.11, 7-11-83) Sec..6 -30. Removal of seasonal docks, moorings, etc. • • ' All seasonal docks, moorings, and other structures shall be removed from the lake before November 1 of each year. All nonconforming structures, except legally nonconforming docks and swimming rafts, once removed may not be returned to the lake. Legal nonconforming Supp. No. 2 • 333 City Council Meeting - January 27, 1992 that we can be thinking about at this time as well. Those are costly items in there. Maybe if some of those things can be brought up and discussed with developers, potentially see if there can't be some contributions towards that from the developers themselves who might pay. "Okay, anything else on that Richard? • Councilman Wing: No. Thank you. Mayor Chmiel:- I guess the other thing that I had was the ordinance that we amended Chapter 6 and 20 of our Chanhassen City Code concerning mooring of • watercraft. This we passed this past Council meeting which was January 23rd. One of the things that was brought up to me and I thought it was a very good point and I'd like this possibly to be brought back for reconsideration. Obviously a majority of voting on this as we all did in the positive. That's the reason I'm bringing this up again. As that Section 1, 627(B) of Chanhassen City Code is amended to read that no watercraft shall be moored or docked overnight on the water of any lake unless it's currently registered pursuant to Minnesota Statutes, Chapter 361 in the name of the owner of the lakeshore site in front of which the watercraft is moored or docked. There is a specific dockage within the city of which a gentleman owns. Does not have a boat. He does not have a boat docked at his dock himself because he doesn't own one but I his daughter and son -in -law just two houses down do not have lake rights, do use that dockage with their boat on his property. And somehow I'm sure that some of these situations will occur from time to time and I guess the reason I'm bringing it up is because I would like for us to look at this and see if there is someway that this can be brought up or consideration given for this kind of situation because technically by law, this ordinance reads it's not permitted. Councilman Wing: I have a friend's boat at my house. What are you going to do about it? You're right. This is a case. The issue was the mooring in front of someone else's house and no ordinance to effect it and I think that's how Roger got to this point. I think we're looking for some way to remove a moored boat from in front of your home and I think there's a better way to do this. This is a very awkward paragraph and I think it could very definitely be reviewed and rewritten in an appropriate manner. Councilwoman Dimier: What you're saying Richard is you would want to initiate the complaint and then have this go into effect? Councilman Wing: Well, if we left it as it is, I don't think anything would ever be said or done. This really gives some teeth to the City to be able to go out and enforce someone that arbitrarily moves in on somebody. On the other hand, I can see this being rewritten. I tell you it's going to be awkward. On Lake Minnetonka if I owned a lot, I can't rent or lease but I think that's all we have to put in here. You can't rent or lease that dock site but you can certainly have a friend or neighbor as far as I'm concerned. I have a friend and I didn't worry about this because it's not going to affect me. Nobody's going to complain but in your case, I agree Don. I think it could easily be rewritten to accommodate your concern and well worth reviewing. Mayor Chmiel: I would like to make that-as a motion to have staff review and come up with some type of a solution to that specific problem. 16 1 City Council Meeting - January 13, 1992 • ordinance and I guess my whole point here for Paul and his staff is communication of this ordinance t,o the people it's going to affect. Mayor Chmiel: Those that are existing with problems is what you're saying? Councilman Wing: No. Anybody that it may affect. Any recreational, actually it could affect anybody on the lake including a private owner but it's more likely to affect a crowded recreational beachlot situation. I just think it's important that they be aware of this is an updated, improved and is going to be enforced so they can make their spring plans accordingly. That's the only comment I had. Just the issue of communication to the public with this ordinance. Mayor Chmiel: Very good. Would you like to make that a motion to accept item (a)? Councilman Wing: I make a motion for approval of 2(a). Councilman Mason: Second. Councilman Wing moved, Councilman Mason seconded to approve the final reading of Zoning Ordinance Amendment concerning mooring of watercraft. All voted in favor and the motion carried unanimously. H. REQUEST FOR AUTHORIZATION TO WRITE SPECIFICATIONS AND RECEIVE BIDS FOR THE PURCHASE OF PUBLIC WORKS AND PUBLIC SAFETY VEHICLES AND EQUIPMENT. Mayor Chmiel: I guess I just have a couple things that I would like to see or maybe you can answer on this. I'd like to get a little more background information on each of these respective items like maybe how old they are. What mileage we might have on those vehicles and take it from there because I'm sure that that's something that we should look at and be aware of. So maybe if you have Harold, do you have any background information with you that you can just hit each one of those. Harold Brose: Dump truck replacement, that's a 1976. There's probably approximately 80,000 miles on that truck. The street sweeper is a 1986. We've got 6 years we did use that one. Flail mower's approximately 8 years old. The roll packer trailer, that is something we were going to purchase back when we got this pack back in 1986 but we never did. The front end loader forks. As manual statement here, what we're going to use it for on a 936 loader. We never had seen anything like this so it's something that we can use, well as they got on here. Culverts, trees, unloading pallets. In the parks, playground equipment. Things like that. The weed sprayer, that's again a new item. The mid -size 4 wheel drive pickup to replace 701. That's a 1986 with about 90,000 miles on it and we transfer that into the garage. The one I'm using now is a 1978 Fairmont with 140,000 miles so that one's over the hill. And the mid -size 4 wheel drive pickup to replace 602, that's '86 Lynx. There's got to be about 80,000 miles in there and we put two different engines in that car so that one's definitely getting on the borderline. Anything in particular? Mayor Chmiel: No, I think that answers my perspective questions. Only because it doesn't really spell it out and Council should be aware as to what year's 9 City Council Meeting - December 9, 1991 B.C. "Jim" Burdick: Part of this week. Don Ashworth: I would really like to have you meet with the new engineers. Have an opportunity to introduce to you. Let them show you the design that we showed to the HRA and City Council for that section of roadway. Why they're recommending it. They're going through some widening in the downtown area and would you be available Wednesday or Friday? B.C. "Jim" Burdick: No. I've got tomorrow, Tuesday or Friday. Well possibly Wednesday. Wednesday morning. Well, 10:00 would be okay. Don Ashworth: Charles if you could try to see what their schedule is and get 1 back. Mayor Chmiel: Good point. With that I'd like to move item (k). Is there a second? Councilman Workman: Second. ' Resolution #91- 100A -1: Mayor Chmiel coved, Councilman Workman seconded to approve the Resolution Reallocating Funds for West 78th Street Public Improvement Project. All voted in favor and the motion carried unanimously. L. ZONING ORDINANCE AMENDMENT CONCERNING MOORING OF WATERCRAFT, FIRST READING. Councilman Wing: Mr. Mayor, there's several issues before Planning Commission coming to Council having to do with recreational beachlots and the lake useage ordinance. The one that was presented this evening under (1), Zoning Ordinance Amendment concerning mooring of watercraft, first reading, as I read it didn't meet the, I don't believe met the intent of the original amendment nor the Planning Commission's wishes. Two definitions here, dock setback. The dock setback portion of the ordinance states that a dock can't be within 10 feet of the extended property center line. The problem we're getting is people were putting their docks out on that 10 foot center line and then proceeding to moor boats, put on boat lifts and extend right over the property lines. So the intent was to keep 20 pounds of potatoes within a 10 pound bag if necessary. ' Nonetheless leave this sort of no man's land so this was rewritten today and presented by Roger. All I've asked for is that it basically stay the same other than no watercraft, dock, portion of dock, storage, mooring or boat lifts will infringe on that 10 foot dock setback so as they leave their beach, their docks, their lifts, they'll in fact still be going somewhat going on their corner of the lake which has been one of the major problems and which prompted this amendment in the first place. So I believe that the copy that was given to us is the actual intent of what we were trying to accomplish originally with this amendment. 1 Councilman Workman: Can you clarify precisely where those changes are on here? Roger Knutson: Change in Section 2 of the Ordinance. (c). 1 Mayor Chmiel: Worded as? 1 5 1 1 City Council Meeting - December 9, 1991 Roger Knutson: It stops at the setback zone and the prior draft had continued, in such a way that the watercraft or any part thereof extends across the extended side lot lines of any lakeshore lot. That was dropped out. And the reference to boat lift was added. Identical change was made in Section 3. Councilman Mason: Why are we dropping that off? 1 Roger Knutson: The original draft would allow you to moor your boat in such a way that it extended all the way to your side lot line. Your dock must be 10 feet from your side lot line but your boat went out parallel to the shore, it could extend all the way to your property line. The change says you have to keep that boat moored so it's at least 10 feet from your property line. 1 Mayor Chmiel: In other words so you're not encroaching on any adjacent property's water area. Roger Knutson: That's right. Mayor Chmiel: Alright. Richard? 1 1 Councilman Wing: No, I'm very pleased with this. I think it almost resolves some of the recreational beachlot problems by itself. Mayor Chmiel: Would you like to make your motion to move this item? Councilman Wing: Yeah, with just one quick look at Mr. Krauss. 1 Paul Krauss: No, that's fine. Councilman Wing: I would move then. 11 Mayor Chmiel: Item (1). Councilman Wing: Item (1). Councilman Workman: Second. , Councilman Wing moved, Councilman Workman seconded to approve the First Reading of Zoning Ordinance Amendment concerning Mooring of Watercraft. All voted in favor and the motion carried unanimously. 0. DEFINE ADMINISTRATIVE PROCEDURES FOR TEMPORARY SALES /CHRISTMAS TREE SALES. Councilwoman Dimler: Item (o) having to do with temporary sales /Christmas Tree sales. When I first read this I guess I was looking for a reason why this was being enacted. So I thought the only, as I was reading through it, I thought the only concern I would have would be safety concerns that I could possibly see that we would want to do something like this. So I checked with Scott Harr to find out if there had been any safety situations in the past on any temporary sale at all. He assured me that there had been none at all, and even if in the future that would be a problem, that this can be taken care of current regulations through the safety hazards. 6 1