Attachment 5- Issue Water Obstacles Y
e CITY Of ClIANIIASSEN
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1 C; Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
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MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: MacKenzie Walters, Assistant Planner
DATE: September 25,2017
SUBJ: Water Obstacles
Issue
Sec. 6-4 describes a Council issued permit that has no associated fees or form, and which may
not be a desirable use.
Summary
The City Code currently allows individuals and organizations to apply for a permit to install ski
jumps, slalom courses, diving towers, and other structures on Chanhassen's lakes through a
permit issued through a majority vote of the City Council. Swimming rafts and docks are
exempted from needing this permit. No one applies for this permit and there is no form that
would allow an interested party to apply for it. Other water structures,i.e. docks and swimming
rafts, are governed by Sec. 20-920, and the temporary installation if these features is governed by
Sec. 20-964.
It may make sense to remove Sec. 6-4, and only allow these types of structures in conjunction
with temporary/special events.
Relevant City Code
Sec. 6-3. —Temporary event permits: States that a temporary exemption from this section can be
granted through a temporary event permit.
Sec. 6-4. —Permits for Water Obstacles: Forbids the operation of maintenance of any water
obstacle without a permit,unless allowed by another provision within Chapter 6. Lists
application procedure for permit and stipulates that issuing a permit requires a majority vote
from the City Council. This section also established the criteria the City Council should use to
evaluate a permit application and places limits and requirements on the permit.
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Todd Gerhardt
Water Obstacles
September 25, 2017
Page 2 of 4
Sec. 20-920. —Structures,boats and waterways: Establishes the location requirements for
swimming rafts, and stipulates lighting and other safety requirements for other water obstacles.
Sec. 20-964. - Temporary outdoor events, sidewalk sales, seasonal sales and special events:
Section 6-4 states that any Water Obstacle used in conjunction with a temporary event requires a
permit under this section.
Analysis
Sec. 6-4 forbids the installation and operation of water obstacles or structures, excepting
swimming rafts or docks, without a permit issued by the City Council. This section of the City
Code specifies that individuals must apply for this permit on a form provided by the city and
must pay an application fee established by a City Council resolution. The city does not currently
have a fee established for this permit,nor does it have an application form available that
applicants could use to apply for the permit. This permit,if issued, could be valid for up to a year
for most structures,but is limited to three days for slalom courses. There are no restrictions on
who can apply for this permit, and the factors for reviewing a permit application revolve around
equitable use of the lake and public health and safety. An entity could apply annually for a
permit with a one-year duration and essentially create a permanent water obstacle on a lake,
assuming the City Council granted the permit.
This section of the City Code was initially established in July of 1983 along with other
provisions governing the use of the city's lakes. The intention of these ordinances was to protect
the city's aquatic resources and to ensure the safe and equitable use of the city's lakes. Docks
and swimming rafts are treated differently from other lake structures due to having their
locations restricted either to a resident's property or, in the case of swimming rafts, no further
than 100' from the ordinary high water mark directly in front of the owner's property.
Currently several ski jumps and other water obstacles are located on the city's lakes. The
individuals installing and maintaining these features work with the Carver County Sheriff's
Department to insure that they are being used safely. The city does not enforce Section 6-4
which would require these individuals to also seek Council approval.
Alternatives
1) Keep the existing ordinance, establish a fee, create an application from for this permit,
and being enforcing the ordinance.
2) Remove Section 6-4, this will remove an ordinance we are not enforcing.
3) Amend Section 6-4 to make this an administrative permit, establish a fee, create an
application form, and begin enforcing the ordinance.
Todd Gerhardt
Water Obstacles
September 25, 2017
Page 3 of 4
Recommendation
Option 2 would remove an unnecessary prevision and permit from the City Code.
The potential ordinance change would read as follows:
Sec. 6-3. - Temporary event permits.
A temporary exemption from this chapter may be obtained through a permit issued by the
city council for special events, trials and races as provided for in Sec. 20-964. Such temporary
(Ord. No. 73, § 14, 7-11-83)
Sec. 6-4. - Permits for water obstacles. Reserved.
(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
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
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 vote
binder of the insurer stating that such insurance is in force and in effect. Such policies of
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:
(2) The level of competing watercraft traffic which can be r sonably expected during the
requested duration of the requested permit;
requested;
('1) The number of competing water obstacles which will be in place pursuant to permits
already then issued; and
. . . .. . - . . . -- - - . -- . .. ' ' . ... . - - --
maintenance of public health and safety upon the city's lakes.
granted. The granting of permits may be subject to such conditions as the city council deems
Todd Gerhardt
Water Obstacles
September 25, 2017
Page 4 of 4
necessary to protect the safety of users of the lake. Any violation of the terms and conditions
excess of one year; provided, however, tl . . . - - . . . . - - . • .
for a period in excess of 72 hours.
the applicant to remove the water obstacle upon receipt of the notice of revocation of the
pen-nit and in accordance with such notice is a violation of this chapter. In the case of an
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)
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