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D Lotus Lake/Lake Susan Slow-No Wake Task Force Update CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Adm i nistration Phone: 952,227.1100 Fax: 952,227.1110 Building Inspections Phone: 952.227.1180 Fax: 952 .227 .1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 1) MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Don Asleson, Natural Resources Technician DATE: April 24, 2006 SUBJ: Lotus Lake/Lake Susan Slow-No Wake Task Force Update The purpose of this report is to update the City Council on the progress of the Lotus Lake and Lake Susan Slow-No Wake Task Forces. The public hearings are scheduled for May 8, 2006 for Lotus Lake and May 22, 2006 for Lake Susan. BACKGROUND The Lotus Lake and Lake Susan slow-no wake task forces were formed at the direction of Council to develop an automatic slow-no wake ordinance for Chanhassen Lakes following the 2005 high lake levels. The intent of the automatic ordinance is to ease the administrative burden of holding emergency public meetings to enact slow-no wake surface zoning on Cllanhassen Lakes. Both task forces were comprised of lake users,. geographicallys~lected around the lakes by Council.Task force groups were given three meetings to assess and develop an automatic slow-no wake ordinance for Lotus Lake and La](eSusan. Attached is a copyofthe charge statement thatwashandedputc1uringtl1e first task force meeting..The charge statementwas used as awaytofocusdiscussion on slow-no wake with regard to high water. Belowisasu:mlllarYQfthy.:progress that has been made to date. . ...... ., Pr02ress to Date(April.17~ 2006) Lotus Lake Summary: . .. .. \ .<> . Task force has had two. meetings and has come to a unanimousagreel1leI1ttl)(it.. slow-no wake ordinanceis needed on Lotus Lake. I.,evel: ...... ..... ................... .. ...... .... . . \.. >ii. The l~yel at whicl1the ordinance . would becomeacti ve. woul dbe896. 8. This elevation corresp()ndsto the J 00- year predicted waterlevel identified in the 1994 SWMP for Lotus.Lake.Italsocorrespondstothe.minimumelevation a dock crossing a wetlandnlust.be elevatedc above the QrdinaryHigh WaterLevel (City Code: 6-26(2)(g)).. Discussion from task force membersindicateclthattl1eCity should provide protection of public safety, prop~rt)rand8horelil1edurit1g "extreme" high water events. Task force indicatedthatriparianownersshould be responsible for shore and property protection in "norrnal"water level fluctuations. The City of 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. Todd Gerhardt Lotus LakeILake Susan Slow-No Wake Update April 24, 2006 Page 2 Duration: The slow-no wake restriction would be effective as soon as the water level exceeds 896.8 and would not be removed until the lake level drops below 896.8 for three consecutive days. The task force unanimously agreed on the duration of the restriction. Staff agrees with the duration the task force has developed. Notice: The task force put a lot of effort into determining how the public should be noticed about slow- no wake restrictions. The proposed methods of notice include the following: 1. At the public access. 2. On the City of Chanhassen Web Page. 3. On the City of Chanhassen Clean Water Hotline. 4. On the Community Cable Access Channel. 5. In an e-mail format to known association representatives on Lotus Lake. 6. To the Carver County Sheriffs Department. 7. To the public by other appropriate means determined by Council. Item 7 has been included because the task force has indicated that they desire some "alternate" notification methods. Some of the notification methods that the Task Force would like to see include: 1. Ombudsman - appointed by council to inform residents and users of the restriction. Staff does not see a problem with this if Council wishes to consider this. 2. Buoys - Task force would like buoys installed (8 total) around the lake to inform boaters of the restriction. Staff and Sgt. Jim Olson are not very excited about this option. Reasons Staff does not like this option: · Must have a way of placing and removing buoys (boat). · Buoys are difficult to install and remove on short notice. · Buoys require a permit when placed in water. · If volunteers are used they must install and remove the buoys promptly, this may not be possible when using volunteers. 3. Flags - Task force would like to use flags to indicate the slow-no wake condition. The reason that staff does not like this option is that installing flags will not be visible to all lake users. Additionally, this option may rely on volunteers which would require prompt installation and removal by those volunteers. Staff feels that the by notifying on the Web, Community Cable Access, Clean Water Hotline and in an email to known association representatives that residents and lake users will be able to determine if a slow no-wake exists. Lake Susan Summary: Level: The level at which the ordinance would become active would be 882.5. Historic lake level data is not as complete as the Lotus Lake records. The lake level readings historically have only occurred once a month. The task force was able to improvise without the data and come up with Todd Gerhardt Lotus Lake/Lake Susan Slow-No Wake Update April 24, 2006 Page 3 an elevation in relation to the sanitary system manholes around the lake and where on the landscape the water reached last year (2005 storms). Members of the task force met with staff "on-site" to determine the appropriate level. Discussions with the task force indicate they feel the slow-no wake ordinance is needed, however they would like to re-evaluate the elevation in a year or two to determine if the level selected needs to be moved up or down after a year of implementation. The DNR and watershed district have agreed to install a lake gauge so that we can start collecting lake level information for Lake Susan. Staff agrees that re-evaluation after additional data may be appropriate. Duration: The task force recommended slow-no wake restriction would be effective as soon as the water level exceeds 882.5 and would not be removed until the lake level drops below 882.5 for 24 hours. The task force unanimously agreed on the duration of this restriction. During task force discussions the task force indicated that if the restriction were in place any longer than 24 hours that the unanimous decision to endorse the slow-no wake may dissolve. Staff feels that a minimum of 48 hours is needed before the restriction would be lifted. Lake Susan tends to drains faster than Lotus Lake which is why a 48 hour duration may be adequate versus the 72 hour duration on Lotus Lake. Notice: The task force put a lot of effort into determining how the public should be noticed about slow- no wake restrictions. The proposed methods of notice include the following: 1. At the public access. 2. On the City of Chanhassen Web Page. 3. On the City of Chanhassen Clean Water Hotline. 4. On the Community Cable Access Channel. 5. In an e-mail format to known association representatives on Lotus Lake. 6. To the Carver County Sheriffs Department. Additional discussion for notice on Lake Susan included putting a post near the launch with a line to indicate the status of the no-wake restriction. Staff and the Sgt. Jim Olson discuss the option and determined that this may create more problems for enforcement. The post with a line may be difficult to interpret with waves (creating difficulty for interpretation). Additional concerns with staff include the possibility of individuals tampering with the marked post to allow unrestricted boat operation. Other items of discussion During discussion within both task forces many topics were brought up that were outside the scope and goal of task force discussions (see attached Charge Statement). Here is a brief list of issues that have been brought up during discussions outside of the task force scope of responsi bili ty: . Water Quality Concems- The City provided copies of the 2005 water quality monitoring results that generally show that Lotus Lake and Lake Susan are stable to improving. Task Todd Gerhardt Lotus Lake/Lake Susan Slow-No Wake Update April 24, 2006 Page 4 force also indicated that they would like to see projects that will further improve the water quality of Lakes. . Water quantity/ outlet improvement- comments were directed at the amount of water the lake receives and the desire for outlet and/or ponding improvements on both lakes. . Education- Lotus Lake task force felt that people need to be educated on proper shoreline management. . Enforcement- Lotus Lake task force members would like to see stiffer fines for no-wake violations, and parking violations around launches. Heavy enforcement was not something that was favorable for the Lake Susan task force. Draft Ordinance: DNR has reviewed the draft and revisions have been made based off of comments received. Changes are in bold. SECTION 1. Chapter 1, Section 1-2 of the City Code, City of Chanhassen, Minnesota, is hereby amended by adding definitions, which shall read as follows: tOO-Year Predicted Water Level: means the predicted elevation of a lake following a 100 year rain event. The predicted elevation for Chanhassen Lakes are identified in the Chanhassen Surface Water Management Plan. Water Level, tOO-Year Predicted,: See tOO-Year Predicted SECTION 2: Section 6-49 of the City Code, City of Chanhassen, Minnesota, is hereby amended toinclude the changes listed in bold to read as follows: Sec. 6-49. Slow--No wake areas. (1) 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 Suiface Use Zoning Map ofChanhassen 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. (2) 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. (3) Special Slow-No Wake Restrictions .' (a) Lotus Lake: All persons shall operate watercraft at a slow-no.wake speed on Lotus Lake whenever the water elevation exceeds the 100-year predicted level for Lotus Lake of 896.8 as listed in the 1994 Surface Water Management Plan. The slow-no wake surface zoning will remain in place until the water drops below the 100-year predicted level of 896.8 for 3 consecutive days. Upon the placement of a slow-no wake restriction, notice will be given: Todd Gerhardt Lotus Lake/Lake Susan Slow-No Wake Update April 24, 2006 Page 5 1. At the public access. 2. On the City of Chanhassen Web Page. 3. On the City of Chanhassen Clean Water Hotline. 4. On the Community Cable Access Channel. S. In an e-mail format to known association representatives on Lotus Lake. 6. To the Carver County Sheriffs Department. 7. To the public by other appropriate means determined by Council. (b) Lake Susan: , All persons shall operate watercraft at a slow-no wake speed on Lake Susan whenever the water elevation exceeds 892.5. The slow-no wake surface zoning will remain in place until the water level drops below the tOO-year predicted level of 892.5 for 24 hours. Upon placement of a slow no-wake restriction notice shall be: 1. At the public access. 2. On the Chanhassen Web Page. 3. On the City of Chanhassen Clean Water Hotline. 4. On the Community Cable Access Channel. 5. Given to Carver County Sheriffs Department. SECTION 3. This ordinance shall be effective immediately upon its passage and publication. Please visit the Slow no wake web pages on the City of Chanhassen Web Page (under "What's New") or contact Natural Resources Technician, Don Asleson at 952.227.1106 for additional details and information. g:\eng\don\slow_no_wake\lotus lake\lake susan progress update.doc Charge Statement Goal: (What is the purpose of this group) The Task force was formed after staff received direction from City Council to consider developing an automatic slow- no wake ordinance to relieve the administrative burden of emergency resolutions and increase consistency with no-wake implementation. The goal of this task force is to assess and evaluate the need for and details of any proposed automatic slow- no wake ordinance that is recommended to Council for Consi derati on. Desired Results: (Product) The product of the Task force will be a recommendation in the form of a proposed ordinance for consideration. Staff will supply a report detailing how the task force developed the final product. Scope of Responsibilitv and Level of Authoritv: (Who does that task force report to?) The scope of our discussion will be focused on high water conditions on Lake Susan/Lotus Lake and the development of an ordinance to zone the Lake "no-wake" during periods of high water. There may be additional concerns for Lake Susan and Lotus Lake, however this is not within the Task Forces scope of responsibility. The task force will report directly to the City Council with any proposed ordinance developed or reasons for not pursuing automatic slow-no wake ordinance. Timeline: (meetint! dates and times) Resources A vailible Staff: Don Asleson, Natural Resources Technician: 952.227.1106, dasleson @ci.chanhassen..mn.us Carver County Sheriffs Dept. MN DNR: www.dnr.state..mn.lis City of Chanhassen Slow- No Wake Task Force Web Page: http://www.ci.chanhassen.mn.us/serv /nresourc/ susan .html Communication Feel free to contact Don Asleson with any questions or comments. If additional information is needed Staff will contact agencies that may have information to share. Is email communication ok with task force? City of Chanhassen Slow- No Wake Task Force Web Page: http://www.ci.chanhassen.mn .-us/ serv /nresourc/ s.usan .html Exuectationsfor members - Attend meetings - Stay within the Scope of the Slow- Wake Task Force. - Strive for a consensus on any recommendations that are forwarded to council. - Remain Engaged. - Remain respectful of others. Exuectations for staff - Attend meetings - Keep discussions focused within the Scope of the Goal. - Assist Task force with the development of proposed ordinance. - Provide or find data that the Task force needs to develop proposed ordinance language - Forward Task force recommendations to Council. - Remain respectful of others.