1f-3 AdoptOrd Ch6 Boats/WaterwaCITY OF
CHANHASSEN
7700 Markd B','L h'va d
PO Box147
Cha$~sser ML55317
Administration
P!vne %22271100
Fax 952 22,~ 11!9
Building Inspections
Plole 952 2271180
Fax q52 2271190
Engineering
P~o'~e 952 227 1160
Fax 9522271 !70
Finance
Pn sc 952 2271159
Fax 952227 11i0
Park & Recreation
P',, r~¢: 952 227 1120
,:ax 952227 1~i0
Bec eat o~ Center
2310 Coulter Bou evard
P!or~e 952 227 1400
Fax 9522271404
Planning a
Natural Resources
Phsne: 952;271130
Fax %2 2271110
Public Works
1591 Park Road
Psor/e 9522271300
F,~x 9522271310
Senior Center
Pixtnu: 952 2271125
Fax: 952 227 1110
Web Site
ww'¢, Ci c~'anl~assen mr/us
MEMORANDUM
TO:
Todd Gerhardt, City Manger
FROM:
DATE:
Bob Generous, Senior Planner
December 8, 2003
SUB J:
Adoption of Ordinance, Chapter 6, Chanhassen City Code, Boats
and Waterways; Approval of Summary Ordinance for Publication
Purposes
ACTION REQUIRED
A simple majority vote of City Council members present is required to adopt the
amendment; however, a 4/5ths vote is required for approval of the summary
ordinance for publication purposes.
BACKGROUND
Over the past two years, the city has been reviewing proposed changes to City
Code. Our overall intent is to try to make the code easier to understand and use
by addressing problems in the code, overlapping code requirements, clarifying
ordinance language, procedures or processes and consolidating the City Code.
The proposed changes to Chapter 6 have been reviewed previously by the
Chanhassen Planning Commission and City Council.
SUMMARY
This chapter deals with city lakes including structures and boat operations. Staff
and MCC are proposing changes to the code relating to compliance with and
conformance to state statutes. Issues that are reoccurring are high water and
general enforcement including boat launching, speed, etc.
The section 6-24 of the code states that water obstacle permits are issued by the
city. The Carver County Sheriff's water patrol officers currently issue these
permits. Additionally, we are including references to wetland requirements.
The city adopted an emergency no wake ordinance (#272) which was to be
issued on a temporary basis, but which was codified in section 6-56. If the city
desires to adopt a slow/no wake ordinance, it must go through a separate process
with the state in order to adopt the regulation. However, they may adopt
emergency slow/no wake requirements by resolution.
Mr. Todd Gerhardt
December 8, 2003
Amendment Chapter 6
Page 2
Staff believes that these changes are primarily administrative, rather than
substantive, in nature and is recommending approval of the amendment.
RECOMMENDATION
Staff is recommending that the City Council adopt the attached ordinance for
Chapter 6 of the Chanhassen City Code; and approve the summary ordinance for
publication purposes.
ATTACHMENT
1. Ordinance Amending Chapter 6, Chanhassen City Code
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 6
CHANHASSEN CITY CODE, BOATS AND WATERWAYS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Chapter 6, Article I, Section 6-1 of the City Code, City of Chanhassen,
Minnesota, is hereby repealed.
Section 2. Section 6-22 (c) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
All docks must conform to dock setback requirements.
Section 3. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding
a section to be numbered 6-26 (g), which shall read as follows:
Access across wetlands shall be subject to the standards set forth in section 20-405.
Docks shall be elevated a minimum of six (6) to eight (8) inches above the ordinary high
water elevation.
Section 4. Section 6-27 (b) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
No watercraft shall be moored or docked overnight on the water of any lake unless it
is currently registered pursuant to Minnesota chapter 86B either in the name of the owner
of the lakeshore site in from of which the watercraft is moored or docked, or in the name
of a blood relative of the owner.
Section 5. Section 6-46 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The provisions of Minnesota Statutes chapter 86B and the rules and regulations of the
state department of natural resources promulgated thereunder are hereby incorporated
herein and made a part of this chapter.
Section 6. Section 6-48 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Operation of motorized watercraft within one hundred (100) feet of any shoreline
shall be limited to emerging straight out from and straight towards the shoreline, or slow-
no wake operation. Operation of personal watercraft within one hundred fifty (150) feet
of any shoreline shall be limited to emerging straight out from and straight towards the
shoreline, or slow-no wake operation.
Section 7. Section 6-49 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
No person shall operate a watercraft in any marked slow--no wake areas in excess of
slow--no wake speed. Slow--no wake areas shall be marked in accordance with the
applicable regulations of the state department of natural resources. The location and
boundaries of each slow--no wake area established are shown on that certain map entitled
Water Surface Use Zoning Map of Chanhassen dated July 11, 1983, on file in the city
hall. The map and all notations, references and data thereon are hereby incorporated by
reference into this article and shall have the same force and effect as if fully set forth and
described herein.
Emergency Slow-No wake areas may be established by resolution of the City Council
and shall be marked in accordance with the appropriate regulations of the state
department of natural resources and posted at all public accesses.
Section 8. Section 6-50 (1) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
All areas in lakes marked "slow-no wake", slow - no wake;
Section 9. Section 6-55 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
No person shall be towed, or shall operate a watercraft towing a person on any such
device unless the person being towed is wearing a United States Coast Guard approved
type I, II, III or V personal floatation device.
Section 10. Chapter 6, Article III, Section 6-56 of the City Code, City of Chanhassen,
Minnesota, is hereby repealed.
Section 11. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this day of
City Council of the City of Chanhassen, Minnesota
,2003, bythe
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
2
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO. __, AN ORDINANCE
AMENDING CHAPTER 1 OF THE CHANHASSEN CITY CODE
GENERAL PROVISIONS.
The purpose of this code amendment is to changes to the code relating to
compliance with and conformance to state statutes, clarify that the Carver County Sheriff's
water patrol officers issue obstacle permits, reference wetland requirements, repeal a
temporary no wake ordinance and provide for the ability of the city to adopt an emergency
slow - no wake requirement by resolution.
A printed copy of Ordinance No. __ is available for inspection by any person
during regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 8th day of
December 2003, by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND
Todd Gerhardt, City Manager/Clerk
(Published in the Chanhassen Villager on