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15. Water Jet Ski complaint I CITY OF 1 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 41P- (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Don Ashworth, City Manager FROM: Jim Chaffee, Public Safety Director DATE: April 3, 1990 ' SUBJ: Water Jet Ski Complaint I noticed on the upcoming City Council agenda for April 9, 1990, ' there will be a water jet ski complaint that will be addressed by Councilman Johnson. I have talked to Councilman Johnson who indicated that he had received a call from Georgette Sosin regarding her jet ski concerns on Lotus Lake. I also discussed ' this matter with Georgette on March 22, and dictated a memo at that time outlining her concerns (see attached memo with Council meeting minutes from August 14, 1989) . ' In our discussion on the phone Georgette mentioned the possibil- ity that other states have directly or indirectly restricted or 1 even prohibited the operation of these jet skis/water bikes. I have discussed the problem with Anita Twaroski at the DNR. She stated that the state legislature did not have time to address the jet ski/water bike issue for 1990. The DNR had requested ' changes to require life vests, no water skiing, no night time operation and a requirement to attach the lanyard while operating the machine. Because the legislature will not look at this issue, the state law that covers watercrafts in general will apply. Anita futher stated that to her knowledge, New Hampshire is the only state that has totally banned the sale and operation of jet ski/water bikes. She also said that last year the HINR, PCA and the Hennepin County Sheriffs Department unscientifically tested the decibel level of 5 different stock _jet ski/water bikes. 2 out of 5 failed the 85 decibel limit . ' Background: Last year I received a call from the Sosins asking me to respond to their residence and observe the nuisance that the jet skis ' were creating. I did respond and observed two jet ski water bicycles operating in very close proximity to the Sosin shoreline in what appeared to be a game of tag. It looked as if one was chasing another and they both were making very tight circles and 1 . I ' Don Ashworth April 3, 1990 Page 2 jumping over the wakes that each of them was creating. They were ' not necessarily creating a danger to anyone but they were, in my opinion, very bothersome especially because of the noise. At that time we discussed an ordinance amendent that would restrict the hours of operation for these jet ski bikes. Of main concern ' was the operation of wet bikes during the supper hours. It was discussed, although never formally presented to City Council , to restrict the operation of these watercrafts from operating bet- ween the hours of 5 p.m. and 7:30 p.m. This is an option we can pursue should the City Council wish us to do so. ' In the meantime, we discussed the possibility of posting very prominent signs at the entrance to the South Lotus Lake access that would be germane to all watercraft , but , would specifically highlight jet ski/water bike operations. It would also point out ' the rules of the water surface usage for Lotus Lake. I have attached a copy of the Boats and Waterways Ordinance, Chapter 6 for your information. In addition, I have written a letter (see attached) to the Carver County Sheriff ' s Department asking for high visiblility and enforcement of all watercraft rules and regulations for our area ' lakes , in particular Lotus Lake. The Sheriff ' s Department has been more than cooperative in the past and has extended every effort available to them in alleviating our concerns. RECOMMENDATION: It is Staff ' s recommendation to solicit input from City Council and seek their guidance in our enforcement efforts concerning the operation of jet ski/water bikes on Chanhassen lakes, in par- ticular Lotus Lake. Manager's Comments (4-5-90) : Although the Council may wish to discuss this item, alternative actions are minimal. I may not like it that my neighbor mows his lawn at 6:00 a.m. on Sunday mornings, but there is no statutory prohibitions against such. Water jet ski ' machines are not prohibited under state statute. If Minnesota legislators decide that we should join the ranks of New Hampshire, ceasing operations would be possible. Lake Minnetonka Conservation ' District is in the processing of carrying out an extensive study regarding water jet skis. Tabling action until such time as a review of their findings can be made is recommended. DOA CITYOF CHANHASSEN 1 °14,/' ; iC 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317(612) 937-1900 • FAX(612) 937-5739 MEMORANDUM 11 TO: Don Ashworth, City Manager ' FROM: Jim Chaffee , Public Safety Director DATE: March 22 , 1990 SUBJ: Jet Ski Concerns/Lotus Lake ' Georgette Sosin called today with some concerns that she has regarding the operation of jet skis on Lotus Lake . You may recall that at the City Council meeting on August 14 , 1989 , Henry and Georgette were there to speak about the jet ski problem during visitor presentation . I have attached the minutes from that meeting referencing the discussion . ' Georgette seems to remember that some sort of direction was given , i .e . the posting of signs , the drafting of an ordinance , or some other measure . Unfortunately, I do not think we ever ' did anything on this one . As Georgette told me on the phone , she thought that the problem ' was brought so late into the season last year that the jet ski situation relieved itself just by the summer ending . She is , however , concerned about the upcoming summer and once again being faced with the very real nuisance of the jet skis operating in ' careless , reckless and noisy fashions . Consequently , she has asked that we prepare and post signs indicating that jet skis are regulated under `tti ame ordinance that regulates motor boats . ' This would mean-°that' ti ey can only go counter clockwise on Lotus Lake . She would like to see a very prominent sign posted at the South Lotus Lake access specific to jet skis indicating just what the rules are . fr ' She is also concerned about the danger presented by these jet skis . She is aware of several states that have enacted laws that ' prohibit the operation of jet skis because of their inherent danger . ' Georgette 's main concern, however , is the noise level that is created by the operation of the jet skis near her home . She is looking at the posting of signs as a short term measure and would Don Ashworth March 22 , 1990 Page 2 look at an ordinance amendment in the long term . She indicated ' that she will be calling Mayor Chmiel to remind him of the problem . She mentioned seeking an ordinance amendment that would restrict the operation of the jet skis to certain hours during the day . She also thought an ordinance amendment could be enacted that would prevent the jet skis from operating in a very tight circle which she has observed them to do . She thought an ordinance requiring them to operate in a counter clockwise motion similar to boat traffic but that the jet skis would have to follow the shoreline and not do the manuevers in a tight fashion . I would like to discuss this at our next Department Head meeting since this has an impact on the Park and Recreation Department . i 1 IICity Council Meeting - August 14, 1989 Don Ashworth: Her projections show that that district could cease in 1995. That is up to the City Council in terms of really making that decision. The ' district itself has a life to 2001. The financial structure as currently in place will allow you to cease it in 1995. Councilwoman Dimler: It's a considerable length of time if we go to 2001. Don Ashworth: By the time that they would Y start construction, their first full taxes would be 1991. Probably 1992. ' Mayor Chmiel: Is Mr. Robert's here this evening? ' Mr. Roberts: Yes I am. Mayor Chmiel: Could you come up to the podium for just a minute please. In re•' iewing this I was just looking and I didn't see the total numbers of the ' employees that would be employed within the facility. Mr. Roberts: We currently have about 85. Mayor Chmiel: You have 85 employees presently? I Mr. Roberts: Right. And that would give us, going from 25,000 feet which we currently are at, to 40,000 and then additionally room to go to 60,000. That will give us about 150 employees. I Mayor Qmiel: About 150. Good. Does anyone else have any questions of Mr. Roberts? If not, thank you very much. IResolution #89-89: Councilwoman Dimler moved, Councilman Johnson seconded to approve a Resolution Authorizing Preliminary Approval of Industrial Development I .Revenue Bonds for Roberts Automatic Products. All voted in favor and the motion carried. ICouncilman Workman: Mr. Roberts, this is a manufacturing? Mr. Roberts: Yes it is. ICouncilman Workman: I guess I'd just like to say, I thought manufacturing was 'dead in the United States. It's nice to see it coming to Chanhassen. ' Councilman Johnson: There are several manufacturing places building here. Councilman Workman: I know. It's great. VISITOR PRESENTATIONS: 1 Henry Sosin: My name is Henry Sosin and I live at 7400 Chanhassen Road. I live on Lotus Lake and I'm here to point out the presence of a nuisance and a disaster waiting to happen. A concerned noise pollution and human safety. I'm 14 City Council Meeting - August 14 g 14, 1989 1 i referring to the use of jet skis on our city lakes. Just recently I understand there was an actual collision or an accident with a jet ski involved on I think II it was Lake Riley I believe. You can sit on your front porch or you can be out around your house and while attempting to have a normal conversation with someone next to you, you have to shout to be heard because of the noise of this II particular kind of machine. They're louder than most ski boats that are on the lake. Not only is it a question of the noise intensity or the decibels they produce but the way the jet ski is used as a recreational vehicle. The people who ride them actually play tag with them. They create a wake and then they II try to turn the machine quickly and jump the wake which makes it sound an extremely variable pitch in the sound. So in reality when you're listening to a jet ski, it sounds like you have a chainsaw, about twice that decibel level II about 5 feet away from you. That's what they sound like. Unfortunately people don't ride them singlely. There's 2 or 3 or 4 people who have these machines and they like to play tag with them so you're listening to 3 or 2 or 4 of these things all at once and you literally cannot have a conversation on your own II front porch. Unfortunately these people ride their machines at the same time you cane home from work so that if you do have an outdoor patio or if you try to live outside in the summertime, as all good Minnesotans try to do, you cannot II have a conversation. It is a real nuisance for those people who live close to the water. The other thing I'd like to point out, well in relation to noise, we've been so exasperated at times, we tried to make a tape recording II Unfortunately we don't have professional sound equipment. We only had the little kind you talk into and the tapes don't come out very well so I don't have a tape to play for you tonight but a few of you have been contacted by my wife when she's been irritated enough and tried to have a telephone conversation with II a portable phone outside. I don't know what it sounded like on your end but I know that a few of you have had that experience and I think it was evident to those people that there was a real racket going on. I Mayor Chmiel: I can verify that. Your wife did call me on that Sunday and I did go down to the lake to see what was there and there were 3 jet skis and they were, as you mentioned, playing tag and fortunately enough I took license plates II ' and numbers and had those verified and checked out and we have them from St. Louis Park, Excelsior and Eden Prairie. None of those were residents within the City which is a problem in itself. - II Henry Sosin: We have machines that a resident on the lake as well. The other thing I'd like to point out is that when you're on a shall lake and ours is the II one that's on the left hand picture there which is very narrow in same spots. That's Lotus Lake on the left. Everyone who lives on the lake and even those people who come on the lake using the access, there's a big sign that's posted that says all motorized craft go in a unidirectional pattern around the lake II • just to prevent people from killing one another. These jet skis do not follow that pattern. They're just all over like mosquitoes. They do as fast if not faster than a ski boat and I think they represent a major safety problem. I think somebody's going to be badly hurt on one of these unless there's sane kind of control. So the purpose of my being here is to suggest that the Council look into this and hopefully provide sane relief from those people who live close for 1 noise pollution and more importantly possibly provide some guidelines so that II there will be safety on the water as well. Just in the way of recommendations, Lsince we've thought about it a lot having to listen to them, these kinds of machines probably, and I don't know this for a fact, probably are violating II noise pollution ordinances because they are so extremely loud. It's possible 15 II LILY uonncii meeting - August 14, 1989 I ' , - that they be banned. Maybe the Council could look into providing hours for. I their use that don't disturb the residents at dinner hour as an example. I think much of the noise pollution would be stopped if they were made to follow the same unidirectional pattern of useage as all other boats on the lakes were Ito do. Thank you. Mayor Chmiel: Thank you very much. I did have some discussions with Jim IIChaffee. Jim, maybe you could just elaborate on that just a little bit. Jim Chaffee: Mr. Mayor, I have heard over the one the ph noise from the jet skis that Mr. Sosin has talked about tonight. He is right that it does interfere I with a normal telephone conversation. Just on a side comment, about 2 weeks ago we did have a fairly serious accident on Lake Riley involving a jet ski where an individual attempted to jump a dock with one. He didn't make it. He was II impaled on one of the dock supports. He lived but will have permanent disfiguration. Another side comment is, the State of Minnesota is beginning to realize that these things are potentially dangerous and are sometimes a nuisance II and they are beginning to look at it from an enforcement standpoint also. The DNR especially. Some of you may have seen the special on KARE TV a couple weeks ago involving jet skis. I have written KARE, having been provided with a name by Mrs. Sosin for a copy of that tape. We hoped to have it here tonight but we didn't get it in time. As a matter of fact, I haven't heard back from then. There's a number of opportunities for us I guess, and as Mr. Sosin was saying, in providing an ordinance that would limit the hours of operation. I don't see II banning as an option. I don't think that's going to happen. One of the things that we will do is advise Water Patrol to take hard enforcement action involving these jet skis if there is any kind of careless or wanton disregard for life or (._ property. Especially on Lotus Lake there are the directional issues and we can I enforce those so in the meantime we can take whatever measures available to us using what resources we have. I Mayor Chmiel: Fine. Thank you. I think it's something that we're going to have to look into and I agree. As we had conversations, it was hard to hear what you were saying because of jet skis over rode your voice tones and it was 'noisy. I think there's something that we can look at and discuss at one of the next future Council meetin.s and c• - u• with some kind of a conclusion. Jim, wou • you, once we et read with that, when we're done, make sure t -y're in or as to when. Thank you for coming in. ICouncilman Boyt: to have the noise ordinance is on here tonight. IIGeorgette Sosin: I saw that. ' Councilman Johnson: The other thing was the, last year there was another problem that was occurring which you and I talked about. Have you noticed that I this year? I haven't noticed it :myself very much. Georgette Sosin: ...looked into it and you could hear that. It was a II manufacturing sound that echoed. Somehow it was amplified on our lake. Acted as an amplifier for any kind of sound because we're up higher and that has been taken care of. TO my knowledge, I have not heard it. [E7 I Henry Sosin: I understand there was...same machine for a period of time. 1 16 II City Council Meeting - August 14, 1989 1 Councilman Johnson: Yes, the muffler fell apart and they had to weld it with a II little heavier steel the second time. i iHenry Sosin: It was repaired and we do not have that problem now. II Councilman Johnson: Well good because I haven't heard it lately. I just wanted to check on that as long as you were here. II Y T Arnold Felding: My name is Arnold Felding from Winthorp. I've been selling II sweet corn at the Taco Shop down here for the last 3 weeks. I'm wondering, I was kind of surprised when I was told to leave after I was told for the last 12 years they've been selling vegetables and stuff there. I'm wondering if there's some kind of suggestion by Officer Chaffee over here that .I could somehow get a II temporary permit so I can continue selling my sweet corn and stuff. Mayor Chmiel: Is there any requirement as far as ordinance is concerned? If I the individual is agricultural products, my understanding is that those can be sold if they have the approval of the property owner. Is that not another condition? Jo Ann Olsen: It's only permitted as a roadside stand and that's as an accessory use in the agricultural district. Where we've allowed similar things was like Christmas tree sales and that was with temporary conditional uses but II as you know we don't have anymore right now so he really doesn't have an option that I see. It's not a permitted use or even an accessory use or conditional use in that district. II Councilman Boyt: May I jump in here for a second? Mayor Chmiel: Yes. I Councilman Boyt: There's a bit of an irony here because he could go door to door and sell his sweet corn but he can't park in one spot and sell his sweet II corn. Is that what you're saying? Councilwoman Dimler: I'm a little confused. Jim, do you remember at-our Public II Safety meeting in the morning I brought that up and I asked you then to go look it up and you said it was okay. Jim Chaffee: Yes, it was okay under the solicitor's permit. What we then did I is I asked Roger to look into it for that particular zoning for that area which . was business highway. Ebr that he'd have to have a conditional use permit for outdoor display of merchandise and then he can if he had a conditional use II permit. Jo Ann Olsen: But this is on the site that already has another use. You can't two principles. II Councilwoman Dimler: However, isn't there a Minnesota Statute that states that any farmer can sell his produce anyplace he choses providing he has the II(permission of the landowner? II 17 I 1: iChapter 6 BOATS AND WATERWAYS* I Art. I. In General, §§ 6-1-6.20 I Art. II. Structures, 5* 6-21-6-45 Art. III. Watercraft Operating Regulations, if 6-46-6-55 IARTICLE I. IN GENERAL ISec. 6-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the I meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commissioner means the state commissioner of natural resources acting directly or Ithrough his authorized agents. Cross bar means that portion of any "L" shaped or "T" shaped seasonal dock or perma- I _ f nent dock which is approximately parallel in alignment to the abutting shoreline or abutting ordinary high water mark. I Diving tower means a floating or a nonfloating structure designed for diving purposes and which projects over the surface or surrounding waters by more than five(5)feet. Dock means any wharf, pier or other structure constructed or maintained, whether Ifloating or not, including all "L's", "T's" or posts which may be a part thereof, whether• affixed or adjacent to the principal structure. I Dock set-back zone means that portion of any lake lying within one hundred(100)feet of the ordinary high water mark and which is bounded by the extended side lot lines of any lakeshore site,and by a line inside of and running parallel to and ten(10)feet distant from the I extended side lot lines of any lakeshore site,as measured at right angles to the extended side lot lines. Homeowner association means any private corporation, private club, unincorporated as- sociation or nonprofit organization,which owns,leases or operates a recreational beach lot,as that term is defined in the zoning ordinance,for the purpose of providing access to any lake for its members,shareholders,owners and beneficiaries. Lake means any body of water lying wholly within the city and all parts, bays and channels thereof. Its, *Cross reference—Parks and recreation,Ch. 16. ' State law reference—Local water and watercraft regulations authorized,M.S. § 361.26. I327 §6-1 CHANHASSEN CITY CODE I Lakeshore site means any lot,parcel or other tract of land legally subdivided and recorded in the office of the county recorder or registrar of titles and which abuts any lake. License means the authentic state document used to designate the numbers assigned a watercraft and to renew the same. Mooring means any buoy,post,boat lift,structure or device at which a watercraft may be moored which is surrounded by public waters. 1 Motorboat means any watercraft propelled in any respect by machinery,including water- craft temporarily equipped with detachable motors. Operate means to navigate or otherwise use a watercraft. Ordinary high water mark means a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape; the ordinary high water mark is commonly that point where natural vegetation changes from predominantly aquatic to predominantly terrestrial. • I Overnight means any time between the hours of 2:00 a.m. and 5:00 a.m. of any day. Owner in the case of a watercraft means a person, other than a lienholder, having the ' property in or title to a watercraft;the term includes a person entitled to the use or possession of such craft,subject to an interest in another person, reserved or created by agreement and securing payment or performance of any obligation. "Owner" in the case of a lakeshore site means any natural person who is either the record owner of a fee simple interest,or the record owner of a contract for deed vendee's interest,or the holder of a possessory leasehold interest, in the whole of any lakeshore site, including authorized guests, and immediate family mem- bers of such person. Permanent dock means any dock other than a seasonal dock. • Seasonal dock means any dock designed and constructed so that it may be removed from a lake on a seasonal basis; all components such as supports, legs, decking and footing must be capable of removal by nonmechanized agents. Sheriff means the sheriff of Carver County, acting directly or through his authorized agents. ' Slow—No wake means operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than five(5)miles per hour. Swimming raft means a small floating structure designed exclusively for swimming and 1 sunbathing. Swimming area means an area immediately adjacent to the shoreline which is marked in accordance with the applicable regulations of the state department of natural resources and which is used solely for recreational swimming. Underway or in use means any watercraft in operation or use when not securely fastened to a dock or other , y permanent mooring or at anchor. 328 1 • BOATS AND WATERWAYS § 6-4 Watercraft means any contrivance used or designed for navigation on water other than a duck boat during the duck hunting season, a rice boat during the harvest season, or a seaplane. Water obstacle means any ski jump, slalom course, diving tower or other structure upon ' the water of any lake. "Water obstacle" does not include any dock or swimming raft or watercraft. (Ord. No. 73, §§ 2.01,2.03-2.12, 2.14,2.16-2-19,2.21-2.28, 7-11-83) ' Sec. 6-2. Exemption for law enforcement Pe rsonnel. ' Watercraft used by resource management, emergency and enforcement personnel, when acting in the performance of their assigned duties, are exempt from the provisions of this chapter. (Ord. No. 73, § 13, 7-11-83) Sec. 6-3. Temporary event permits. A temporary exemption from this chapter may be obtained through a g permit issued by the city council for special events, trials and races. Such temporary permits shall be in addition to,rather than in lieu of, any permit required under section 6-4. (Ord.No. 73, § 14, 7-11-83) k. }` Sec. 6.4. Permits for water obstacles. ' ` (a) No person shall operate or maintain any water obstacle,including but not limited to, any ski jump, slalom course, diving tower or other structure upon the waters of any lake, unless a permit shall have been first obtained for the same.No permit is required for any dock or swimming raft erected or maintained in compliance with the other provisions of this chapter. • ' (b) An application for a permit shall be made to the city upon a form furnished by the city. The applicant shall furnish the information required by the form. A nonrefundable application fee in the amount established by resolution shall be paid to the city when the ' application is filed. (c) The permit shall be issued by the city upon approval by the city council by a majority I vote and upon filing with the city policies evidencing the required insurance, or a certificate or binder of the insurer stating that such insurance is in force and in effect. Such policies of insurance,such certificates and such binders shall be in a form and content satisfactory to the ' city and shall be placed with financially sound and reputable insurers licensed to transact business in the state. (d) In reviewing an application for a permit the city council shall consider the following ' factors: (1) The size,configuration and manner of construction of the proposed water obstacle; (2) The level of competing watercraft traffic which can be reasonably expected during the requested duration of the requested permit; ' 329 , I §64 CHANHASSEN CITY CODE (3) The size and configuration and depth of the body of water for which the permit is requested; ' (4) The number of competing water obstacles which will be in place pursuant to permits already then issued;and (5) Any other factors reasonably related to the effect of the applicant's proposed use on the maintenance of public health and safety upon the city's lakes. (e) If a permit is granted,the permit shall specify the dates or the period of time for which ' it is granted. The granting of permits may be subject to such conditions as the city council deems necessary to protect the safety of users of the lake. Any violation of the terms and conditions of any such permit is a violation of this chapter. No permit shall be issued for a period in excess of one(1)year,provided,however,that no permit for any slalom course shall be issued for a period in excess of seventy-two(72)hours. (f) if any water obstacle is located in any lake pursuant to a permit and is thereafter found to be a hazard or obstruction to the safe use of the lake by others,such permit may be revoked. Notice of revocation shall be given to the permit holder by the city orally or in , writing. If the permit holder cannot be found, it shall be sufficient notice of revocation if written notice thereof is delivered to the address of the permit holder as set forth in the application. Upon notice of revocation, the permit holder shall remove the water obstacle , within a seven-day period which shall be specified in the notice of revocation.If the applicant does not remove the water obstacle,it may be removed by the city at the expense of the owner. The failure of the applicant to remove the water obstacle upon receipt of the notice of , revocation of the permit and in accordance with such notice is a violation of this chapter. In the case of an emergency presenting an immediate hazard to the public safety, as determined by the city manager,the notice period to the applicant shall be waived in its entirety and the applicant shall reimburse the city for any expense incurred by the city in remedying the condition creating the emergency. (Ord.No.73, §6,7-11-83) ' Secs. 65--6-20. Reserved. _ ARTICLE II.STRUCTURES* Sec. 6-21. Exemption. This article does not apply to any lakeshore property owned or leased by the city. , (Ord.No.73, § 3.13,7-11-83) Sec. 6-22. Nonconforming docks. , (a) Permanent docks existing on July 11, 1983, and which do not comply with the structure limitations set forth in this article shall be deemed to be nonconforming uses. *Cross reference—Buildings and building regulations,Ch.7. 330 , BOATS AND WATERWAYS § 6-24 Seasonal docks utilized by privately-owned Y P y ed commercial resorts or commercial boat landings prior to July 11, 1983, and which do not comply with the structure limitations set forth in this ' article shall also be deemed to be nonconforming uses. (b) No nonconforming dock shall be enlarged or altered or increased, or occupy a greater ' area than that occupied by such dock on September 7, 1983,or on the effective date of or any amendment to this article.A nonconforming dock shall not be moved to any other part of the lakeshore site upon which the same is erected unless it is relocated in such a manner as to conform to the dock set-back zone requirements of this chapter. Any nonconforming dock which is partially or totally destroyed by any cause may be restored to its former use and physical dimensions, if the restoration is completed within one(1)year of its partial or total ' destruction. Maintenance and necessary structural repairs of a nonconforming dock are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such dock. ' (Ord. No. 73, § 8, 7-11-83) Sec. 6-23. Variances. ' (a) The city council may grant a variance from the dock requirements of this article where it is shown that by reason of topography, soil conditions or other physic:: characteris- tics of the lakeshore site, strict compliance with the dock requirements could cause an ' exceptional or undue hardship to the enjoyment of the use of the lakeshore site;provided,that a variance may be granted only if the variance does not adversely affect purpose and intent of this chapter. ' (b) Application for a variance shall be made to the city upon a form furnished by the city. The applicant shall furnish the information required by the form. A nonrefundable applica- tion fee shall be paid to the city when the application is filed.The application may be referred to such outside consultants, engineers or attorneys as the city manager deems necessary to • study the application and make recommendation to the city council and the cost of any such referral shall be borne by the applicant. ' (c) Upon filing of an application for a variance hereunder, the city manager shall set a time and place for a hearing before the city council on such application.Notice of such hearing ' shall be mailed not less than ten (10) days before the date of the hearing to each owner of property situated wholly or partially within three hundred(300)feet of the lakeshore site to which the variance application applies, utilizing the mailing list provided by the applicant and such other records as may be available to the city manager.Failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this section has been made. (d) No variance shall be granted by the city council without the affirmative vote of at least four-fifths of the full council. (Ord.No.73, §9,7-11-83) Sec. 6-24. Location restrictions. No dock, mooring or other structure shall be so located as to: (1) Obstruct the navigation of any lake; ' 331 , i §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) 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. • I (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"T"or"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) lakeshore 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. - 1 (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. 6-27. Mooring,docking,etc.,of watercraft. (a) Except for privately-owned commercial resorts or commercial boat landings estab- I 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 § 6-45 (b) No watercraft shall be moored,docked or stored overnight on any lakeshore site or on the waters of any lake unless the watercraft is either: (1) 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 (2) Currently registered as a guest boat at any privately-owned commercial resort or commercial boat landing located on the lake. (Ord.No. 73, §§ 3.04, 3.05,7-11-83) ' Sec. 6-28. Swimming rafts,ski jumps,diving taverns,etc. (a) 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 subsec- tion (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) 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. (Ord. No. 73, § 3.12, 7-11-83) ./ Secs. 6-31-6-45. Reserved. 333 I §6-46 CHANHASSEN CITY CODE I ARTICLE III.WATERCRAFT OPERATING REGULATIONS Sec. 6-46. State law incorporated. The provisions of Minnesota Statutes chapter 361, 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. (Ord. No.73, § 5.01, 7-11-83) , Sec. 6-47. Towing airborne vehicles. No person shall tow any airborne vehicle with a watercraft. (Ord.No.73, § 5.02,7-11-83) Sec. 6-48. Operation near shoreline. Operation of motorized watercraft within one hundred(100)feet of any shoreline shalt be limited to emerging straight out from and straight towards the shoreline, or slow—no wake operation. (Ord. No. 73, § 5.05, 7-11-83) Sec. 6-49. Slow—No wake areas. 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. , (Ord.No.73, § 5.06,7-11-83) Sec. 6-50. Speed. 1 No person shall operate a watercraft at a speed which exceeds the following limitations: (1) All lakes in marked"slow—no wake"areas,slow—no wake; I (2) Lake Ann,fifteen(15)miles per hour; (3) Lake St.Joe,fifteen(15)miles per hour; ' (4) Lotus Lake: a. Sunrise to sunset,forty(40)miles per hour; ' b. Sunset to sunrise the following day,fifteen(15)miles per hour, (5) Lake Lucy: a. Sunrise to sunset,forty(40)miles per hour; b. Sunset to sunrise the following day,fifteen(15)miles per hour; 334 I 111 . BOATS AND WATERWAYS § 6-55 (6) Lake Minnewashta: a. Sunrise to sunset,forty(40)miles per hour; b. Sunset to sunrise the following day,fifteen(15)miles per hour; ' (7) Lake Susan: a. Sunrise to sunset,forty(40)miles per hour; ' b. Sunset to sunrise the following day,fifteen(15)miles per hour; (Ord.No. 73, § 5.07,7-11-83) ' Sec. 6-51. Motors. The operation of motorboats which are propelled by an internal combustion engine is ' prohibited upon Lake Ann.The operation of motorboats which are propelled by electric motors is permitted upon Lake Ann. (Ord. No. 73, § 5.08, 7-11-83) Sec. 6-52. Direction of travel. The operation of motorized watercraft at speeds in excess of fifteen(15)miles per hour in ' other than a counter-clockwise pattern of travel is prohibited upon Lotus Lake. (Ord. No. 73, § 5.09, 7-11-83) Sec. 6-53. Observer required for water skiers. No person shall operate a watercraft on any lake, towing a person on water skis, aqua- plane, surfboard, saucer, or similar device, unless there is in such watercraft another person in addition to the operator in a position to continually observe the person being towed. The operator of such watercraft must watch where the watercraft is being driven at all times.The ' second person on board shall act as observer of the person being towed. (Ord. No. 73, § 5.10, 7-11-83) State law reference—Towing person on water skis,M.S. § 361.09. ' Sec. 6-54. Tow ropes. No person shall be towed on waterskis,aquaplane,surfboard,saucer,or similar device,by a cable or other towing device longer than eighty-five(85)feet. (Ord.No. 73, § 5.11,7-11-83) State law reference—Towing,M.S. § 361.09. Sec. 6-55. Personal floatation devices. ' 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 U.S. Coast Guard approved personal floatation device. (Ord. No. 73, § 5.12, 7-11-83) State law reference—Personal floatation devices,M.S. § 361.141. ' [The next page is 385] 335 1 - CITY OF r 1 CHANHASSEN ` , =", 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 1 April 3 , 1990 1 Captain Bob Pagelkopf ' Carver County Sheriff ' s Department 600 East 4th Street Chaska, MN 55318 Dear Bob, ' As we once again face the summer months, we anticipate problems associated with water surface usage on our city lakes . During previous summers , your department has been extremely cooperative in helping us alleviate some of the problems that were brought to our attention. We would ask that once again this year we coordinate our efforts ' with your water patrol and in so doing provide a very safe and pleasant boating and swimming season for Chanhassen lake users . ' Please let me know who we may coordinate our efforts with this year and I look forward to a continued good working relationship with your department . Sincerely, 1441"111 ' f C affe uic Saf - y Director JJC:cd cc: Don Ashworth, City Manager ' Scott Harr , Assistant Public Safety Director Lori Sietsema, Park & Recreaton Coordinator I I