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D No Wake Ordinance l) MEMORANDUM CITY OF CHANHASSEN TO: Todd Gerhardt, City Manager DATE: Lori Haak, Water Resources Coordinator ~. October 17, 2005 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 FROM: Administration Phone 952.2271100 Fax 952.2271110 SUBJ: Consideration of Automatic Slow/No Wake Restrictions on Chanhassen Lakes Building Inspections Phone 952.2271180 Fax 952.2271190 BACKGROUND Engineering Phone 952.227.1160 Fax 952.2271170 Park & Recreation Phone 952.2271120 Fax 952.227.1110 The City contains all or part of eleven (11) lakes that have DNR shoreland designations. They are: Ann, Christmas, Harrison, Lotus, Lucy, Minnewashta, Rice, Rice Marsh, Riley, St. Joe and Susan. Of those, three (3) are within multiple jurisdictions (Christmas, Rice Marsh and Riley) and four (4) are classified as Natural Environment lakes by the DNR (Harrison, Rice, Rice Marsh and St. Joe). Finance Phone 952.2271140 Fax 952.2271110 Planning & Natura I Resources Phone 952.2271130 Fax 952.2271110 During any time of abnormally high precipitation within Chanhassen, elected City officials and City staff receive numerous requests for slow/no wake restrictions to be put into effect on one or more of Chanhassen's Recreational Development lakes in order to protect private property and lake water quality. With those requests also come requests for a limit on the frequency and duration of such restrictions to provide opportunities for lake use. Recreation Center 2310 Coulter Boulevard Phone 952.227.1400 Fax 952.2271404 Senior Center Phone 952.227.1125 Fax 952.2271110 In 2005, Chanhassen received record amounts of rain in September and October. This led to extremely high water levels on the lakes within the City. On two separate occasions (one in September and one in October), the level of Lotus Lake was more than 12 inches above its Ordinary High Water Level (OHW) of 896.3. On September 6,2005, the City Council passed Resolution 2005-71 establishing an emergency slow/no wake area on Lotus Lake. The slow/no wake restrictions were removed on September 21,2005 after three consecutive days of water levels below the lake's OHW. Public Works 1591 Park Road Phone 952.2271300 Fax 952.2271310 Web Site www.ci.chanhassen.mn.us In 2001, the Chanhassen City Council considered passing an automatic slow/no wake ordinance for Lotus Lake. The Council did not pass an ordinance at that time due to a lack of consensus among property owners on Lotus Lake as to when the restriction should be put into effect and for how long. The City 01 Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Mr. Todd Gerhardt October 18, 2005 Page 2 ISSUES Many issues arise when considering slow/no wake restrictions on lakes. The primary concerns brought to the attention of staff recently include: . Private property damage due to wave-induced erosion and/or flooding of property; . Potential for lake water to enter sanitary sewer system and overwhelm existing lift stations; . The level to which recreational use of lakes would be constrained due to the automatic implementation of slow/no wake restrictions; and . Long-term impairment of lake water quality and shoreline stability. PROCEDURE The Minnesota Department of Natural Resources (DNR) oversees the water surface use regulations adopted by cities and counties within Minnesota. Any City Council decision on a slow/no wake ordinance would have to be approved by the DNR prior to its implementation. To that end, City staff recommends close cooperation between the City and the DNR in the development of any water surface use ordinance amendment(s). Neighboring communities that contain portions of Chanhassen lakes should also be invited into this process at the earliest opportunity, if the decision is made to pursue slow/no wake restrictions on these "shared lakes" as well. In addition, the owners of properties on the lake would be directly affected by any water surface use restriction. Staff recommends involving property owners in this process directly, potentially through open house-type meetings, direct mailings or other means. Although it will be difficult to identify and notify lake users, they would be directly affected by water surface use restrictions. Lake users should be made aware of any potential changes through the City's usual publication strategies (e.g., public hearing notices in the Chanhassen Villager, posting on the City website, information on Cable Channel 8). The final decision on any water surface use regulation change would be made by the City Council and would require approval by the DNR. Mr. Todd Gerhardt October 18, 2005 Page 3 RECOMMENDA TION City staff recommends the City Council consider adoption of an automatic slow/no wake restriction for Chanhassen's Recreational Development lakes, excluding Lake Ann on which boats are already restricted to the use of electric trolling motors, in times of high water. This would include Christmas, Lotus, Lucy, Minnewashta, Riley and Susan Lakes. As a basis for discussion, staff recommends: slow/no wake restrictions become effective automatically when a lake exceeds the lOO-year predicted water level, as set forth in the City's Surface Water Management Plan; and slow/no wake restrictions are removed automatically when a lake is below the lOO-year predicted water level. The level at which the slow/no wake restriction automatically goes into effect and the duration for which the restriction remains are the two major items to be considered. Also to be considered include: lake level monitoring for the . regulated lakes; enforcement of any slow/no wake restrictions; and notification of lakeshore property owners and lake users when the slow/no wake restriction goes into effect and when it is removed. Staff also recommends the City Council direct staff to conduct several public open house-type forums for lakeshore property owners and lake users to gain information about potential regulations and to voice their input on the proposed changes. Public comment and questions would then be brought to the City Council. The City Council would then hold a public hearing to discuss the matter and hear any additional public comment. Then, the Council would make a decision regarding slow/no wake regulations on Chanhassen's lakes.