3. Lotus Lake Slow-No Wake Ordinance Amendment
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone 952.2271100
Fax 952.2271110
Building Inspections
Phone 952.2271180
Fax 952.2271190
Engineering
Phone 952.227 1160
Fax 952.2271170
Finance
Phone 952.227 1140
Fax 952.2271110
Park & Recreation
Phone 952.227 1120
Fax 952.2271110
Recreation Center
2310 Coulter Boulevard
Phone 952.2271400
Fax 952.2271404
Planning &
Natural Resources
Phone 952.2271130
Fax 9522271110
Public Works
1591 Park Road
Phone 952.2271300
Fax 952.2271310
Senior Center
Phone 952.227 1125
Fax 952.2271110
Web Site
wwwci.chanhassen.mn.us
3
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MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM:
Don Asleson, Natural Resources Technician &.
May 8, 2006
DATE:
SUBJ:
Lotus Lake Slow-No Wake Ordinance Amendment
EXECUTIVE SUMMARY
Slow-no wake is defined as operating a watercraft at a speed at which no wake
from the watercraft is formed. The purpose of an automatic slow-no wake
ordinance is to ensure that during times of high water watercraft operate in a slow-
no wake manner to: 1) Increase Public Safety, 2) Decrease Property Damage, 3)
Protect Shoreline, 4) Protect Public Infrastructure.
Due to the major rain events and resulting high water levels during the fall of
2005, City Council requested staff pursue the development of an automatic slow-
no wake ordinance for the high water events on Lotus Lake. A dIverse group was
appointed by Council to participate in the Lotus Lake Task Force and assist in the
development of the proposed slow-no wake ordinance for Lotus Lake.
The results of task force efforts indicated a unanimous decision to pursue the
automatic slow-no wake ordinance at the 896.8 Mean Sea Level (MSL). The
elevation of 896.8 MSL is identified in the 1994 Surface Water Management Plan
as the 100-year predicted water elevation for Lotus Lake. The restriction will
remain in place for 3 consecutive days after the water level drops below 896.8
MSL. Lake levels are currently monitored at a DNR set lake gauge on Lotus Lake.
Before the ordinance would be activated, the lake level would be verified by staff
to ensure the lake level is at or above 896.8 MSL.
The ordinance will be enforced by Carver County Sheriff's Department and
violation of the ordinance would be considered a misdemeanor, punishable by up
to a $1000 fine and 90 days in jail.
Should the slow-no wake elevation be re-evaluated in the future, the task force
and staff agree that a task force should be reconvened to assess the appropriate
revIsed elevation.
The followmg report details the efforts and recommendation of the slow-no wake
task force and staff.
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.
Todd Gerhardt
Lotus Lake Slow-No Wake Ordinance Amendment
May 8, 2006
Page 2
BACKGROUND
The current slow-no wake ordmance (Section 6-49, Attachment 3) was adopted on July 11, 1983.
It states:
"No person shall operate a watercraft in any marked slow-no wake area 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 the certain map entitled Water Suiface Use Zoning Map of
Chanhassen dated July 11, 1983 on file in the city hall (Attachment 3). 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 accesses. "
On August 25, 1997 the City Council adopted an emergency slow-no wake ordinance to establish
no wake restrictions when water levels exceed the ordinary high water level (OHW) on five
Chanhassen Lakes (Lotus, Susan, Minnewashta, Riley and Lucy) and specify areas on each lake
where these no wake regulations would be enforced. Although the ordinance was a temporary
restrictIon, it found its way into the City Code. In 2001, staff found the error and repealed the
ordinance.
In 2001, at the direction of Council, staff made another attempt to seek an automatic slow-no
wake ordinance for Lotus Lake. The staff-recommended elevation in 2001 was for a restriction to
be in effect for any water level above the OHW of 896.3. This effort was tabled by CounCIl to
allow time for staff to work with residents around Lotus Lake and gather additional public input
and data.
On September 12, 2002 and October 30,2002, the Lotus Lake Homeowners Association held
meetmgs in which staff was invited to discuss issues on Lotus Lake. At that time, slow-no wake
was not identified as an item to further pursue by the Lotus Lake Homeowners Association. No
further action was taken by staff to pursue the slow-no wake ordinance until 2005.
After the extreme rain events in September and October of 2005, City Council directed staff to
develop an automatic slow-no wake ordinance for Chanhassen lakes to ease the administrative
burden of implementing emergency no wake restrictions and increase consistency of slow-no
wake implementation. A Lotus Lake Slow-No Wake Task Force was convened to assist in the
development of an automatic ordinance for Council to consider. Staff facilitated 3 meetings with
task force members in which great effort was put forward by the task force members in the
development of a unanimous recommendation for Council to consider.
Todd Gerhardt
Lotus Lake Slow-No Wake Ordinance Amendment
May 8, 2006
Page 3
RATIONALE
Large wakes, especially during times of high water, are a concern of the City for several reasons:
1. Large wakes during high water conditions can be hazardous to lake users.
During high water events areas where debris was previously safe and out of the water may be
washed into the lakes. Additionally, dock sections may float off of their platforms creating
additional hazards which mayor may not be seen by boaters. Such conditions warrant additional
caution by lake users to increase public safety.
2. Large wakes during high water can cause property damage.
During high water events, wakes can cause damage to property. As an example, docked boats can
be thrust against their moorings and damaged. Shoreline property owners could experience
additional damage to personal property as a result of wakes during high water.
3. Large wakes during high water can damage unprotected shorelines.
During high water levels the water level can exceed the protected level of shoreline for typical
"Ordinary High Water" events. The task force and staff realize that property owners need to be
responsible for the stabilization of shorelines; however, residents may not necessarily protect
their shorelines from infrequent high water events, such as the predicted 100-year level which
could rise above the homeowners' level of shoreline protection. Damage to shoreline includes
erosion of soil and potential for structure damage from erosion. Water quality is also a concern
when shoreline erosion IS occurring.
4. Large wakes during high water can damage public infrastructure.
During high water events, wakes can cause problems associated with public infrastructure. The
City takes precautions to protect public infrastructure from elevated water levels on Lotus Lake;
however, inflow and infiltration is increased when lake levels are elevated.
The benefits of having an approved automatic slow no- wake ordinance include:
1. Elevation of "emergency" condition is defined in city code, interpretation of when no-wake is
needed is eliminated;
2. Eliminates the need for emergency Council meeting for slow-no wake resolution;
3. Improves response time of slow-no wake enactment;
4. Creates standard methods of notification so lake users may stay informed.
Todd Gerhardt
Lotus Lake Slow-No Wake Ordinance Amendment
May 8, 2006
Page 4
TASK FORCE
City staff asked for volunteers for the Lotus Lake and Lake Susan slow-no wake task force by
listing the need on the City web page and Cable Channel 8. Staff was assisted by the Chanhassen
Villager when an article was printed on January 12,2006 indicating a need for task force
volunteers. Of the 16 interested Lotus Lake users, seven task force members were selected by
Council during the February 13,2006 Council meeting (Attachment #4). Task force members
were selected geographically to participate in the slow-no wake task force. The geographical
selection was used as a way of attempting to get concerns from around the lake and from both
riparian owners as well as Lotus Lake users. A task force web page was set up to provide
information to the task force members and other members of the public interested in the slow-no
wake efforts. Three meetings were planned as part of the task force involvement process. The
selected group of diverse task force members put forth great effort in the development of a
unanimous recommendation for Council. The following is a summary of what occurred at the
three meetings. For complete details the agendas, mmutes and handouts for all three meetings
have been included in the attachments (Attachments 6-12).
Meeting #1 Introduction, background info and discussion
Meeting 1 was used to focus the goal and scope of the slow-no wake discussions. The task force
was given a general overview of Lotus Lake and examples of other communities currently using
water surface use zoning for high water conditions. A packet of information was provided by
staff for the task force to consider (Attachment 8). Task Force member Steve Donen also
provided information to the task force. Staff indicated four rationales for the establishment of a
slow-no wake: 1) Public Safety; 2) Property Protection; 3) Shore Protection; and 4) Public
Infrastructure Protection. The task force deferred further discussion of any proposed ordinance
and need until meetmg 2 to allow members time to digest all relevant data provided by staff and
other task force members.
Meeting #2 Discussion and Details
Between meeting 1 and meeting 2, the task force considered a large amount of data that was
provided at and after meeting 1. The benefit of all this effort was noticed within the first 15
minutes of the second meeting when the task force unanimously determmed that a slow-no wake
ordinance should be pursued at the 100-year predicted level (1994 SWMP) of 896.8 mean sea
level (MSL). Task force member Steve Donen put together a lake comparison table as a way of
comparing the physical conditions on Lotus Lake to other area lakes (Attachment 13).
Additionally, staff and task force members realized during discussions that the 100-year
predicted level corresponded to the minimum elevation that a dock crossmg a wetland must be
elevated above the ordinary high water level according to City Code 6-26 (2g) (Attachment 14).
The task force felt that the CIty has the ability to protect Lotus Lake from wake during extreme
high water events; however, homeowners must take responsibIlIty for protecting theIr property
during normal water fluctuations. Staff agrees with thIS assessment on need and feels that the
Todd Gerhardt
Lotus Lake Slow-No Wake Ordinance Amendment
May 8, 2006
Page 5
100-year predicted water level is an acceptable level to implement the slow-no wake surface
zonmg.
Staff recommended to the task force that a condition in the proposed ordinance be added which
would require the slow-no wake to remain for 3 days after the water elevation drops below 896.8
MSL. The three-day condition will ensure that small rain events are not able to push a draining
lake back into a slow-no wake condition. The three-day criteria will give Lotus Lake a "buffer"
for small rain events. In addition, the three-day condition will also make the administration and
enforcement of the slow-no wake easier. It was also noticed during investigation that other
communities using surface use zoning during high water tend to use the 3-day delay as part of
their ordinances. The task force accepted this recommendatIOn which has been included within
the proposed ordinance.
Task force then discussed how to notice the public when a slow- no wake ordinance is in effect.
Task force indicated that they would like to see the following as avenues for slow-no wake
notIce:
1. Sign posted at access
2. Clean Water Hotline
3. City Web Page
4. Cable Channel 8
5. Email to known Lotus Lake representatives
Staff is in agreement and supports notice recommendations 1-5
Meeting #3 recommendation finalization
Meeting 3 was used to review their proposed ordinance and develop the task force summary
(Attachment 2) for Council consideration. Task force members present at the meeting agreed to
remove the recommendation for buoys, flags and ombudsman from the proposed ordinance.
The summary developed was an effort of the task force to identify their recommendation, what
was considered during the discussions and other important items the task force determined was
necessary for Council to consider on Lotus Lake.
During meeting 3 the task force also identified three items to be included in theIr summary
related to the slow-no wake that the task force felt was worth pursuing further.
1. The task force wants to ensure that in the future if the slow-no wake elevation were to
be readdressed that a task force be reconvened.
Staff agrees thIS would be very valuable to ensure lake user input and endorsement of any
revised ordinance.
Todd Gerhardt
Lotus Lake Slow-No Wake Ordinance Amendment
May 8, 2006
Page 6
2. Task force members indicated they would like the City to post notice on association
beachlots to identify the no-wake restriction for association members.
Staff agrees this may be very effective; however, association representatives may be better
equipped to post notice on the beachlots once a slow-no wake is enacted. If association
members would like to receive an email they may have theIr email address added to the
known Lotus Lake representatives list.
3. Task force would like to see the Council instruct the City Attorney to work with the
County Prosecutor to develop a revised fine schedule for no-wake violations. Task force
would like to see a graduated fine schedule that increases for each violation. Task force
recommended a $200 first offense fine, $500 second offense and $1000 for every
additional offense.
Staff does not see- a problem with this recommendation if Council chooses to pursue this
further.
ANALYSIS
Several cities in Minnesota have adopted ordinances that place slow-no wake restrictions on
watercraft operation when water levels are above the OHW. Examples of what communitIes are
using slow-no wake ordmances have been included in Attachment 8 (Meeting 1). The task force
indicated that only under "extreme" high water events should the City surface zone Lotus Lake
no wake. Shore stabilization in response to normal water level fluctuations should be the
responsibility of the riparian homeowners. To illustrate this point, task force member Mary Borns
brought in photos of Lake of the Isles in Minneapolis during task force meeting 2. Lake of The
Isles has not had boat traffic for approximately 50 years and IS currently experiencing shoreline
erosion. This evidence reinforces the task force position in which property owners must be
responsible for stabilizing their shorelines at normal water level fluctuations.
The task force identified the level of 896.8 MSL (the 100-year predicted water level in the 1994
SWMP) as the "extreme" level for the no-wake restriction. Staff agrees that this is an acceptable
level for the automatic slow-no wake ordinance. As Lotus Lake is a recreational lake It was
important for the task force members to understand the effect of a no-wake on lake availabilIty to
recreational users. From the data that staff and the task force have analyzed, the current proposed
slow-no wake restriction of 896.8 MSL would have historically only been used 3 times since
2001 (2 tImes in 2005 and once in 2001). The cumulative days that these three events would have
zoned Lotus Lake slow-no wake would have been approximately 27 days (approximately 5 days
in 2001 and approximately 22 days in 2005 if a slow-no wake would have been declared after the
October 3rd rain event). It appears the proposed elevatIon for the slow-no wake restriction is not
over-restrictIve for Lotus Lake users.
Enforcement of the slow no wake ordmance would be handled by the Carver County Shenffs
Department. Violators of the slow-no wake ordmance could be found guilty of a misdemeanor.
Todd Gerhardt
Lotus Lake Slow-No Wake Ordinance Amendment
May 8, 2006
Page 7
This may be punishable by UP to 90 days in jail and a $1,000 fine. The Carver County Sheriffs
Department would be notified by staff when the lake level has exceeded 896.8 MSL.
The lake level on Lotus Lake is currently monitored on a gauge maintained by the Minnesota
DNR and accessed through private property. Yearly the DNR sets the gauge to ensure accurate
readings. The resident where the gauge is located has voluntarily been monitoring Lotus Lake for
over 10 years and the previous homeowner monitored the lake for 10 years. Staff has a verbal
agreement with the resident to allow staff to access the gauge and monitor the lake level on a
regular basis. Historically the resident has taken regular readings on lake levels and provided
staff with the data collected. In 2005 during the high water conditions the resident took 2
readings daily untIl the slow-no wake was removed. Before the lake is zoned slow-no wake, staff
would need to verify the reading at the lake level gauge.
RECOMMENDA TIONS
Staff recommends the City Council SOliCIt public comment during a publIc hearing on proposed
ordinance amendment and amend City Code to read as follows:
SECTION 1: Section 6-49 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to include 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 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.
(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 MSL
as set forth in the 1994 Surface Water Management Plan. The slow-no wake surface
zoning shall remain in place until the water drops below the 100-year predicted level of
896.8 MSL for 3 consecutive days. Upon the placement of a slow-no wake restriction,
notice will be given:
Todd Gerhardt
Lotus Lake Slow-No Wake Ordinance Amendment
May 8, 2006
Page 8
1. On a sign posted 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 representatives on Lotus Lake.
6. To the Carver County Sheriffs Department.
7. To the public by other appropriate means determined by Council. "
ATTACHMENTS
1. Proposed Lotus Lake Slow-No Wake Ordinance
2. Lotus Lake Task Force Summary
3. Current Slow-No Wake Ordinances and Surface Use Zoning Map ( #73& #356)
4. CounCIl Task Force Appointment
5. Lotus Lake Charge Statement
6. Lotus Lake Meeting Agenda #1
7. Lotus Lake Minutes #1
8. Lotus Lake Handouts #1
9. Lotus Lake Agenda #2
10. Lotus Lake Minutes #2
11. Lotus Lake Agenda #3
12. Lotus Lake Minutes #3
13. Lake Comparison Table (Provided by S. Donen)
14. City Code section 6-36 "Docks"
15. Lotus Lake Information Map
16. September 6, 2005 Emergency Council Resolution
g:\eng\don\slow_no_wake\lotus lake\lotus lake staffreporCcc.doc
AfrAlHMEAJ. .p::J..
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 6-49
CHANHASSEN CITY CODE
SLOW -NO WAKE AREAS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
SECTION 1: Section 6-49 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to include 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
boundanes of each slow--no wake area established are shown on that certain map entItled
Water Suiface 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.
(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 MSL as set forth in the 1994 Surface Water Management Plan.
The slow-no wake surface zoning shall remain in place until the water drops
below the 100-year predicted level of 896.8 MSL for 3 consecutive days. Upon
the placement of a slow-no wake restriction, notice will be given:
1. On a sign posted 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 representatives on Lotus Lake.
6. To the Carver County Sheriffs Department.
7. To the public by other appropriate means determined by Council.
SECTION 3. ThIS ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this _ day of
Council of the City of Chanhassen, Minnesota
, 2006, by the CIty
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
)
AfI~,J, ~ t iI:t.
Lotus Lake SlowlNo Wake
Task Force Summary
Task Force Members
Bob Ayotte
Doug Bitney
Mary Borns
Steve Donen
Greg Fletcher
Dave Howes
Shelley Strohmaier
History
. The slow/no wake issue is very sensitive for the homeowners and users of Lotus
Lake. The high water slow/no wake concern has been addressed by the City
Council on many occasions with varying results.
. The task force believes that the timing is right for adoption of a high water
slow/no wake ordinance due to heightened awareness of the issue after the
extreme storm events in September and October 2005. Lakeshore property
owners and lake users at large are more likely to see the need for a slow/no wake
ordinance.
. Due to the diverse interests represented by members of the task force, the group
belIeves its recommendations are solid and advises the CouncIl to adopt the
recommendatIOns as presented. As part of the ordinance development process,
the task force also consulted numerous parties outside of the task force to gain
input.
Information Reviewed
. A wealth of data was used in reaching the task force's decision. The Task force
reviewed the examples of 15 other lakes' no wake levels, compared the slow/no
wake restrictions of those lakes and evaluated historical lake level data from
Lotus Lake. A lake comparison table is attached for more information.
Conclusions
. The task force based its recommendations on the history of the issue, the data
described above and the level that was most reasonable for all users to balance
lake use as well as the health of the lake.
. The task force came to a unammous deciSIon regarding the slow/no wake
ordinance recommendation: A slow/no wake restriction should go into effect
when the water level on Lotus Lake reaches 896.8 MSL, the 100-year
predicted level as established by the City's 1994 Surface Water Management
Plan. The task force also agreed that the slow/no wake restriction should be
removed once the lake elevation is below the 896.8 elevation for 3 consecutive
days.
. The task force realizes that a high water slow/no wake restrictIOn alone will not
save the lake. When the water gets up to an extreme level, a slow/no wake will
help, but homeowners need to protect their properties for normal water levels and
typical high water conditions.
Recommendations Related to the Slow/No Wake Ordinance
. The City Attorney should work with County prosecutor to work out a fine
schedule for violators that is graduated by number of violations. The task force
recommends $200 for the first violation; $500 for the second violation; and
$1,000 for each subsequent violation.
. The task force recommends reconvening a task force prior to any changes in the
slow/no wake ordinance for Lotus Lake.
. The City should provide signs via email to association contacts for posting at
association beach lots during times of slow/no wake.
Next Steps
. This task force identIfied several other Items that should be priority items with
respect to Lotus Lake including: beach sand application, shoreline erosion,
parking areas and enforcement, storm water management, and storm water and
lake quality education. The task force encourages the City Council to use the
momentum generated by the slow/no wake issue to identify and take necessary
additional steps to protect and improve Lotus Lake.
Attachment #3: Current and Past City Ordinances
City Code Sec. 6-49. Slow--No wake areas.
No person shall operate a watercraft in any marked slow--no wake areas m 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 mcorporated
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.
(Ord. No. 73, ~ 5.06, 7-11-83; Ord. No. 356, ~ 7, 12-8-03)
Ordinance 73 & Ordinance 356
See following pages.
"?,y
6....20-81
7-9-81
2-17-82
2-8-83
7-20-83
)..
CITY OF CHANHASSEN
GARVER AND HENNEPIN COUNTIES, MINNESOTA
WATER SURFACl!: USAGE ORDINANCE
ORDINANCE NO. 73
AN ORDINANC~ RELATING .TO THE. USE OF SURFACE WATERS AND. ADJOINING
SaORELINE IN THE CITY OF CHANHASSEN WITUIN ITS LEGAL BOUNDARIES.
.THE CITY COUNCIL ORDAINS:
Sect.ion 1. S.tatement of .Policy. The uncontrol:J.ec:1 use of
shorelands adversely affects the public .health, safety and
general welfare by contributing to pollution of public waters 4nd
inpairing the local tax bas~_In accordance. with the authority
granted in. the Laws o.f Minnesota 1973, Chapter 379, and in accor-
dance with the policies declared in Minnesota S.tatutes, Chapters
10'5, 115, 116 and 462, this ordinance is enacted to provide
minimum standards for the use and development of the shoreland of'
public waters located in the city of Chanhassen in order to
preserve natural environment values of shorelands and to provide
for the wise utilization of land resources' of this City,
including. the avoidance of uncontrolled and excessive Use of
public waters by watercraft and for docks, moorings and other
structu.res, and the elimination of unsafe or unnecessary
installations of docks, boat mooring areas and other fixed or
floating structures in public waters.
Section 2_ Definitions. For the purpose of this ordinance,
the terms define4 in this section shall have the following
meaning$:
2.01_ "Commissioner" means the Commissioner of Natural
Resources of Minnesota acting directly or through his authorized
agents.
2.02.
Cllanhassen.
"Council" means the Ci tyCouncil of the City of
2.0:3. "Cross Bar" me.ans that portion of any "L" shaped or
liT" shaped seasonal dock or permanent dock which' is approximately
parallel in alignment to the abutting shoreline or abutting ordi-
nary high water mark_
2.04. "Diving Tower" means a floating or a non~floating
structure designed for diving purposes and which projects over
the surface or surrounding waters by more than five (5) feet.
2.05. "Dock" means any wharf, pier or other structure
constructed or maintained, whether floating 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 ~.~:
.. - ~.:"",:::.~~~.
~.
....",/
2_06. "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 (a) the extended side lot lines of
any lakeshore site, and (b) by a line inside of and running ,
parallel to and ten (10) feet distant from the extended side lot
lines of any lakeshore site, ~s measured at right angles to satd
extended side lot lines. . ' ,
2.07. "Homeowner Association" means any private cor-
poration, private club, unincorporated as~ociation or non-profit
organization, which owns, leases or operates a recreational beach
lot, a,s that term is defined in the Chanhassen zoning Ordinance,
for the purpos'e of provid~ng access to any lake for its members,
shareholders, owners and beneficiaries.
2.08. "Lake't means any body of water lying wholly withiri
the corporate limits of the city of Chanhassen and all parts,
bays and channels thereof_
2.09. "Lakeshore Sitetl means any 'lot, parcel or other
tract of land legally subdiviqed and recorded in the office of
the County Recorder or Registrar of Titles 'and w~ich abuts any
lake_
2_10_ "License" means the authentic state document used
to designate the numbers assigned a watercraft and to renew the
same.
2.11. t'Mooring" means any buoy, post, boat lift, struc-
ture c;r-device at w,hich a watercraft may be >mooredwhich is
surrounded by public waters.
2.12. "Motorboat" means any watercraft, propelled in any
respect by machinery, including watercraft temporarily equipped
with detachable motors.
2_13.
Reserved_
2_14.
watercraft_
It Operate " means to navigate or otherwise use a
2.l5~
Reserved.
2.16. . "Ordinary High Water Mark" means a mark delineating
the highest water level which has been maintained for a suf-
ficient period of time to leave evidence upon the landscape; the
ordinary high wa,ter mark is "commonly that point where natural
vegetation changes from predominantly aquatic to predominantly
terrestia1.
2.17. "OVernight" means any time between the hours of
2:00-a:ID. and 5:00 a.m_ of any day.
2_18. "OWner" in the case of a watercraft means a person,
other than a lien holder, having the property in or title to a
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watercraft~ the term includes a person entitled to th~ use or
possesion of such craft, subject to an interest in another per-
-son, 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 (a) the
record, owner ,of a fee simple interest" or (b) the record owner of
a contract for deed' vendee I s, interest" or (c) the holder ofa
'posse~sory leasehold interest, in the whole of any lakeshore site,
incl:uding authorized guests, and immediate family members of such
person.
2.19. "Permanent Dock" means any dock other than a
seasonal dock as defined in this ordinance.
2.20. "Person" means any individual, individuals, part-
nership, association, corporation or other entity.
,2.21. "Seasonal Dock" means any dock designed and
constructed so that it may be removed from a la.ke on a seasonal,
basis; all components such as supports, legs, decking and footing
must be capable of removal by non-mechanized agents.
2.22.' "Sheriff" means the Sheriff of Carver County,
acting directly or through his authorized agen~s.
2.23. "Slow-No Wake" means operation of a watercraft at
the slowest possible speed necessary to maintain steerage and in
no case greater than 5 m.p_h.
2_24. "Swimming Raft" means a small floating structure
designed exclusively for 'swimming and sunbathing.
2 - 25. "Swimming Area" means an area immediately adjacent
to the sho,reline which is marked in accordance with the appli-
cable regulations of the Minnesota Depa~tment of Natural
Resources and which is utilized solely:for recreational swimming_
2.26. "Underway or in Use" means any wateJ::'craft in opera--
tion~use when not securely fastened to a dock or other per-
manent mooring or at anchor.
2.27. "Wa:tercraft" means any contrivance used or designed
for navigation on water other than (a) a duck boat during the
duck hunting. season, (b) a rice boat during the harvest season,
or (c) a se~plane.
2.28. "Water Obstacle" means any ski jump, slalom course,
diving tower or other structure upon the water of any lakei pro-
vided, however, that this term does not include any dock or
swimming raft or watercraft.
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,.,
section 3.
$'tructure Requlations.
"
3.01. No dock, maaring ar other structure shall be so.
located as to: (al obstruct the navigation af any lake, (b)
obstruct reasanable use or acceSs to. any ather dack, maaring ar
other structure authorized under this ardinance, (c) present a
potential safety hazarq, ar (d) be detrimental to. significant
fish and wildlife habitat or pratected vegetatian.
3,.02. No. dack' shall exceed six (6) feet in width and no.
dock 'shal.l exceed the greater of the fallowing lengths: (a)
fifty (50) feet, ar (b) the minimum straight-line distance
necessary to. reach a water depth af.faur (4) feet. Th~ width
(but nat the length) af the crass-bar af any "T" or ilL" shaped
dack shall be included in th~ camputation af length described in
the preceding sentence:. The crast? -bar of any such dock shall one
measure in excess of twenty-five (25) feet in length. Nadock
shall encra~ch upan any dock set~back zone, pravided, however,
that the owners of ~y two. abutting lakes hare sites may er'ect cne
common dack within the dock s~t~back zene appurtenant to. said
abutting lakeshore, sites, if said cammon deck is the anly dock an
said two lakeshQre, sites and if said dack atherwise canfarms
wi th the provisians" of this ardinancre. No. mare than ane dock
shall be permitted an any lakes~ore site.
3.03.
No. persan shall store fuel upan any dack.
3.04. Except faJ;"privately-owned cammercial resarts ar
cammercial baat landings estab:J;ished priar to. the adoptian af
this ordinance, no. persan shall moar avernight, dock avernight,
or store ov,ernight mare than five (-5) wate'~craft an any lakeshore
site or upon the waters af any la~e. Docking af watercraft at
any lakeshare site or starage af watercrraft upan any lakeshore
si te is permissible, ,hawever at any' time ather than avernight.
3..05. No. watercraft shall be maared, dacked or stared
overnight an any lakeshare site ar an the waters of any lake
Unless said watercraft is either: (a) currently registered, pur-
suant to Chapter ,361 af Minnesota statutes, in the name of the
owner af a lakeshare site an sa,id lake' or in the name of a member
of said awner's househald; provided however, that autharized
gues,ts of the awn~r shall be permi tted to. moar, dack" or store
nat more than ane watercraft overnight, or (b) currently
registered' as a 'guest baat at any privately-awned cammercial
resart or commercial boat landing lacated an said lake.
3.06. All swimming rafts shall meet the follawing minimum
standards: (a) size shall nat exceed ane hun~red forty-faur
(1.44) square feet, (b) swimming rafts shall praject aver the
water surface not less than one (1) faot and nat mare than five
(5) feet, 'measured vertically', abave the surface of the lake, (c)
swimming rafts shall not be,lacated in areas with a depth of less
than seven (7) feet; (d) swimming rafts shall be reflectorized as
provided in Sectian 3.09 of this ordinance; distance fram the
ordinary high water mark shall nat exceed one hundred. (1.00) feet.
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3.07 . D()cks i moor ings and oth~r structures may be
constructed of such materials and in such a manne~ 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.
3.0$. No oscillating,; rotating, flashing or moving sign
or light may be used on any dock.
3.09.. Swimming rafts, ski jumps, di'ving 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 direc-
tions, or ,have attached thereto sufficient reflectorized material
so as to reflec::t light in all directions" said material shall be
cap~ble of retaining 80 percent of its dry weather refl~ctive
signal- strength when' wet.
3.10.
doCk~
No advertisingsi9'ns shall be displayed' from any
3.11. Installation of fueling facilities on dOcks"
moorings and other structures shall be prohibited. Any such
fueling facilities which were in active use prior to the effec-
tive date of this ordinance shall be deemed to be non-conforming
useS. No such non~conforming fueling facility shall be' enlarged
or altered or increased or occupy a greater area than that
occupied on the effective date of this ordinance. Any non-
conforming fueling facility which is partially or tbtally
destroyed by any cause,. may be J;estored toit.s former; use and
physical. dimension if said'rest6ratioil is completed within one
year of its partial or total destruction. M~intenance and
necessary structural repairs of, a non-'conforming fueling facility
are permiited provided that any such maintenance or repairs do
not Qxtend, enlarge or intensify such fueling facility.
3.12. All seasonal docks" moorings and other structures
shall be removed from the lake before November I of each year.
3.13. Section 3.01 through 3.1,2 of tJ;tis ordinance shall
not apply to any lakeshore property owned ot leased by the City
of Chanhassen.
Public Access Pevelopment.
Section 4.
The development of all public boat acc~sses in the City of
Chanhassen shall be consi$tent with the guidelines for access
features adopted by the Minnesota Department of Na,tural
Resou~ces.
Sect;i:on 5,.
Watercraft Operating Regulations.
5.01. State Law Incorporated. The provisions of
Minnesota Statutes, Chqpter 361, and the rules and regulations of
the Minnesota Department of Natural Resources promulgated
thereunder are hereby incorporated herein and :made a part of this
ordinance.
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5.02. Towing of Airborne Vehicles Prohibited. No person
,shalltOw' any airborne vehicle with a watercraf.t.
5.03. Operation in Swimming Areas prohibited. No person
shall operate ,a watercraft within an area which has been marked
off or set aside as a swimming area as defined in Section 2 of
this ordinance.
S.04~ Operation in Scuba Diving Area. No per~on shall
operate a watercraft within one hundred fifty (1~0) feet of a,
scuba diver's warning flag.
5.05. Operation Near Shoreline. Operation of ~otorized
watercraft within one hundred (100) feet of any shoreline shall
be limited to (a) emerging straight out from, and straight towards
the shoreline, or (b) slow-no wake operation.
5.06. Slow-No Wake Areas. No person shall operate a
watercraft in any ma~ked slow-no wake areas in excess of slow-no'
wakespeed. Slow-no wake areas shall be marked ip accordance with
the applicable regulations of the ~innesota Department of Natural
Resources. The location and boundaries of each slow-no wake area
established by this ordin~nce are shown on that certain' map ,
entitled "Water Surface Use zoning Map of Chanhassen'" dated
July 11, 1983 , on file in the office of the city Clerk.
Said map and all notations, references and,data thereon are
hereby incorporated by reference into this ordinapce and shall
have the sam~ force and effect as if fully set forth and
desC,r ibed herein.
5.07. Speed. No person shall operate a ,wat-ercraft at a
speed which exceedS the, following limitations:
Lotus Lake
Sunrise to sunset
Suns,et to sunrise the
following day
Maximum Permissible Speed
Slow - No Wake
15 miles per hour
15 miles per hour
15 miles per hour
15 miles per hour
40 miles per hour
15 miles per hour
Lake
,-
All lakes in marked
"Slow - No Waken areas.
Lake Ann
Sunrise to sunset
Sunset to sunrise the
following day
Lake St. Joe
Sunrise to sunset
Sunset to sunrise the
following day
; )
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Lake Maximum Permissible Speed
Lake Lucy
Sunrise to sunset 40 miles per hour
Sunset to sunrise the
following day . 15 miles per hour
~ak.e Minnewashta
Sunrise to sunset 40 miles per hour
Sunset to sunrise the
following day 15 miles per hour -
Lake Susan
Sunrise to sunset 40 miles per hour
Sunset to sunrise the
following day 15 miles pe'r hour
5.,08. Limitation of Type of Watercraft Motor. The opera-
tion-or-motorboats, which are propelled by an internal combustion
engine, are prohibited upon Lake Ann; the operation of Inotor- .
boats, which are propelled-by electric motors, are permitted upon
Lake Ann.
5.0,9. Direction of Travel. The operation: of motorized
watercraft at speeds in excess of 15 miles per hour in other than
a counter-clockwise pattern of travel is prohibited upon the
following lakes:
Lotus Lake
5.10. Observer Required for Wate~ Skiers. No person
shall operate a watercraft on any lake, towing a person on
waterskis, aquaplane, surfboard, saqcer, 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 or persons being
towed.
5.11. TOW Ropes. No person shall be towed on waters~is,
aquaplane, surfboard, saucer, or similar device, by a cable or
otQer towing device longer than 85 feet.
S .12. Person,al Floatation Devices. No person shall be
towed., or shall operate a watercr~ft towinq a person on any such
device unless the person being t,owed 'is'wearing a u.S. Coast Guard
approved personal floation device. .
Section 6.
Permits Require~ for Water Obstacles.
6.01. No person shall operate or maintain any water
obstacle, including but not limited to, any ski jump, slalom
cours.e, diving tower or other structu~e upon the waters of any
le'lk,e, un:less a permit shall have been first obtained for the
sa~e~ No permit, however, shall be required for any dock or
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swimming raft erected or maintained in compliance with the other
provisions of this ordinance.
6.02. Applications for permits shall be made upon forms
provided by the City and shall include the following information:
(a) the name, address and te~ephone number of the applicant, (b)
the type, number and proposed location of the wa,ter obstacle for
which the permit is sought, (c) the period ~f time for which the
permit is sought, (d) a statement as to how the water obstacle'
will be reflectorized, (e-) if an organization is seeking the per-
mit, a statement as to the nature of the organization, (f) if
the permit is sought for a particular event, the nature of the'
event, (g) such other information as the City may require to
assist it in considering the application for the permit, (h) a
statement by the ~pplicant that he assumes responsibility for the
presence .and removal for the water obstacle from the lake, and
(i) a statement by the applicant that he will obtain and maintain
during the effective period of the requested permit a policy of
comprehensive general public liability insurance, including
insurance against injuries to persons and/or property, in' the
minimum amount for each occurrence and for each year of
$1,000,000 for public liability and endorsed to show the City of
Chanhassen as an additional insured. Upon filing of the applica-
tion for such permit, the. applicant shall pay to the City'
Treasurer an application ~ee of twenty five dollars ($25.00),
which shall not' be re,fundable.
6.03. The permit required by this Section 6 shall be
issued by the City Manager upon approval by the City Council by a
three-fifths (3/5) majority vote and upon filing with, the city
Manager policies evidencing tpe insurance descr'ibed in Section
6.02 of this ordinance, 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 of Minnesota.
In reviewing an application for a permit pursuant
to Section 6 of this ordinance, the City Council shall consider
the following factors: tal the size, configuration and manner of
constructlon'of the proposed water obstacle(s)i (b) the level of
competing watercraft traffic which ,can be reasonably expected
during -the requested duration of the requested permiti (e) the
size and eonfigurationanq depth- of the body of water for which
the permit. 'is reque,stedi (d) the number of competing water
obstacles 'which will be in place pursuant to permits already
then issued: and (e) any oth~r factors reasonably related to the
effect of the applicant's proposed use on ,the maintenance of
public health and safet~,upon the City's lakes.
6.04. 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
~
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lake. Any violation of the terms and conditions of any such per-
mit is a violation of this ordinance. No permit shall be issued
for a period in excess ot one (1) year, provided, however, that
no permit for any slalom course shall be issued for a period in
excess of sev~n,ty two (72.) hours.
6.05. If any water obstacle is located in any lake pur-
suant 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
applicant by the City orally or in writing. If the applicant
cannot be found, 'it shall be sufficient notice of reVo9ation i'f
written notice' thereof is delivered, to the ,address of the appli-
cant as set forth in the application. Upon notice of revocation,
the applicant shall remove the water obstacle within a seven' (7)
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 revocption of the permit ,and in accordance with such
'notice is a violation of this ordinance. In the case of an'
emergency presenting an immediate hazard to the public safety, as
determined by the City,Manage~, the notice period to the appli-
cant 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.
Section 7.
Swimming Regulations.
No swimming shall be permitted in any lake in wa'ters more
than one hundred (100) feet dista~t ~rom the lake shoreline,
unless (a) within twenty five (25) feet of a watercraft wllich has
an observer and Coast Guard approved buoyant devices on' board to
assist the swinuner, if necessary, o,r (b) within swimming areas as
defined in Section 2.25 of this ordinance.
Section 8.
Non-Conforming Docks.
Permanent docks existing at the time of the adoption'of this
ordinance and which do not comply with the structure limitations
set forth in Section 3 of this ordinance shall be deemed to be
non-conforming uses. Seasonal docks utilized by privately-owned
commercial resorts or commercial boat landings prior to the adop-
tion of this ordinance and which do not comply with the structure
limitations set forth in Section 3 of this ordinance shall also
. be, deemed to be non-conforming, uses. No such non-conforming dock
Shall be enlarged or alte+ed or increas,ed, or occupy a greater
area than that occupied by such dock on the effective date of
this ordinance or any amendment thereto. A non-conforming doc~
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 ordi-
nance. Any non-conforming dock which is parttally or totally
dest~oyed by any cause may be restored to its former use and phy-
sical dimenSions, if said restor~tion is completed within one
year of its partial or total destruction. Maintenance and
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ne~essary structural repai~s of a non-conforming dock are per-
mitted provided that any such mainte~ance or repairs do not'
extend, enlarge or intensify such dock.
Section 9.
Variances.
9.01. HardShip. The City Council may grant a variance
from the dock requirements of the Structure Regulations in
Sec,tion 3 of this ordinaQce wher~ it is shown that by reason of
topOgraphy, soil conditions' or othe~ physical.characteristics of
the lakeshore site, strict compli~nce ~ith ~aid dock requirements
could cause an exceptional or undue hardship to the enjoyment of
the use of the lakeshore siteJ provided, that a variance may be
granted only if the varian~e does not adversely affect purpose
and intent of this ordinance.
9.02. procedure. Written application for a variance,
together with a non-refundable application fee of ten dollars
'($10.00) shall be filed with the City Manager, and shall stae
full~ all facts relied ?~on by the ~p~ll.ca~t. ~he ap~lica~ion
,shall be .supplemen:ted w1th maps, s01l studJ.e.s and, engJ.neer1ug
data which may aid in the' analysis of the matter. The applicant
Shall furnish the City Manager with the nam~s and mailing
addresses of the owners of all land within three hundred (300)
feet of the lakeshore site to which the varianc~ application
applies. The application may be referred to such outside con-
sultants, engineers or attorneys as the City Manager deems
nece'ssary to study the application and ~ke' recommendation, to the
City Council a~d the cost of any such refeiral shall be borne by
the app'licant,. .
Upon filing of an application for a variance
hereunder, the City Manager shal,.l set a time and place for a
hearing before the City Council on such application. Notice of
s,uch 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 ~anager.
Failure to give mailed notice to individual pro-
perty owners or defects in the notice shall not invalidate the
proceedings, provided a bona fide attempt to comply wi,th this
section has been made. '
9.03. Coun,cil Action. No variaoce shall be granted by
the city Cou~cil unless it shall have received the affir~ative
vote of at least four-fifths (4/5) of the full Council.
section 10.
Titles of Sections.
Any titles of the several parts, sections or subsections of
this ordinance are inserted f.or convenience or reference only and
shall be disregarded in construing or interpreting any of its
provisions.
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Section ,11.
Violations of this Ordinance.
Any person: violating the provisions of this ordinaI)-ce' or per-
mitting the violation of the provisions of this ordinance shall
be guilty of a misdemeanor and upon conviction thereof, shall be
punished by a fine of, not ~o exceed five hundred dollars
($500.00) or imprisonment of not to exceed ninety (90) dais, or
both.
Section ,12.
EnEor,cemeil,t.
The Carver County Sheriff's Departm~nt shall be authorized
and entitled' to enforce 'the provisions of this ordinance.
Section 13.
Exemption for La~ Enforcement Personnel.
W'atercraft utilized' by resource manag,ement,emergency and
enforcement personnel, when acting in the performance of their
assigned duties, shall be exempt from tpe"provisions, of this
ordinance.
Section 14.
Temporary Event Permits.
Temporary exemption from,this ordinance may be obtained
through a 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
of th is ordinance'.
Section 15.
Effective Date.
This ordinance shall take effect and be in force after its
passage and publication according to law.
section ,16.
Severability.
If any section, subsection, clause or phrase of this ordi-
nance is for any reason held to be invalid, such decision shall
not affect the validity of the r~aining portion of this
ordinance.
Passed by the City
co~c~ ~2,J~YL
yor
, 19
ATTEST:
}a.~
City Clerk/Manager
Published in the Carver CoUnty Herald 6n September 7
, 198,3': ,~l
.....11-
,CITY OF <;HANHASSEN
CARVER AND HENNEPIN COUNTIES, l\fiNNESOTA
ORDINANCE NO. 356
AN ORDINANCE AMENDING CHAPTER 6 .
CHANHASSEN CITY CODE, BOATS AND WATERWAYS
THE CITY COUNCIL OF TIIE CITY OF CHANHASSEN. MINNESOTA ORDAINS:
SectiO'n 1. Chapt~r 6. Article 1. SectiO'n 6-1 O'f the City Code. City O'f Chanhassen.
Minnesota, is hereby repealed.
Section 2. SectiO'n 6~22 (c) O'f the City Code. City of Chanhassen. Minnesota, is hereby
amended to read as follows:
AU docks must conform to' dock setback requirements.
Section 3. The City CO'de, City of Ch~assen, MinnesO'ta. 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 sectiO'J) 20-405.
Docks shall.be elevated a minimum of six (6) to eight (8) inches above,the ordinary high
water elevation.
Section 4. SectiO'n 6-27 (b) of the City Code, City O'f Chanhassen. Minnesota, is hereby
amended to read as follO'ws:
No watercraft shall be moored O'r docked overnight O'n the water of any lake unless it
is currently registered pursuant to' Minnesota chapter 86B either in the name O'f ~e O'wner
,of the lakeshore site in from of which the watercraft is mO'O'red O'r . docked, O'r in the name
Df a blood relative ofthe owner.
Section 5. Section 6-46 Df the City Code. City Df Chanhassen, MinnesDta, is hereby
amended to read, as- fDllows:
The provisic;ms of Minnesota Statutes chapter 86B and the rules and regulations of the
state departm~nt Df-natural resources promulgated thereunder are hereby incDrporated
herein and made a partDf this,chapter.
Section 6. Section 6-48 of the City CDde. City O'f Chanhassen, Minnesota, is hereby
amended to' read as follDWS:
'Operation Df mO'tDrized watercraft within ottehundred (100) .feet of any shoreline
,shall be limited to' emerging straight Dut from and straight towards the shoreline. Dr slow-
,nO' wake operation. Operation Df personal watercraft Within one bundred fiftY. HSO) feet
1
of any shoreline shall be limited to emerging straight out from and straigbt towards the
shoreline, or slow-no wake operation.
Section 7. Section 6-49 of the City Code, City of Chanhassen, Minnesota, is hereby
amended ~o read as follows: .
No ~rson shall operate a watercraft in- any mm-ked 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 h~reby incorporated by
It\f~rence 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 p~rson being towed is, wearing a United States Coast Guard approved
type I, n, ill or V personal floatation device.
Section 10. Chapter 6, Article ill, Section 6-56 of the City Code, City ofChanhassen,
Minnesota, is hereby repealed.
Section 11. This ordinance shall be effective ~mmediately upon its passage and
publication.
)
PASSED AND ADOPTED this 8th day of December, 2003, by the City Council
of the City of Chanhassen, Minnesota
~,~~
Todd Gerhardt, City Manager
, (Summary Ordinance Published in ,the Chanhassen Villager ,on December 25, 2~3.)
2
r
I
CITY OF ~SSEN
CARVER AND HENNEPIN COUNTIES~ MINNESOTA.
SUMMARY OF ORDINANCE NO. 356
AN ORDINANCE AMENDING CHAPTER 6 OF CHANHASSEN CITY CODE
BOATS AND WATERWAYS
The purpose of this code amendment is to change the code relating to compliance with and
confonnance to state statutes, clarify that the Carver County Sheriff's water patrol officers issue
obstacle permits, reference wetland requiiements, 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. 356 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
Todd Gerhardt, City Manager/Clerk
(Summary Ordinance Published in the Chanhassen Villager on December 25, 2003.)
..
CITY OF
CHANHASSEN
MINNESOTA.
WA'~...l~ SUR.FAC;::
U~l.. .;()..!UG 4'-iAI-
CI'1''';{ COUa:~C:I:!...
M"PROV1:.U July 11, 19~:i
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CHANHASSEN CITY COUNCIL
REGULAR MEETING
FEBRUARY 13, 2006
ArrncHME,vT .:JJ Lf
-
Mayor Furlong called the meeting to order at 7:05 p.m.. The meeting was opened with the
Pledge to the Flag.
COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilwoman Tjornhom, Councilman
Labatt, Councilman Lundquist and Councilman Peterson
STAFF PRESENT: Todd Gerhardt, Roger Knutson, Justin Miller, Paul Oehme, Jerry
Ruegemer, Todd Hoffman and Kate Aanenson
PUBLIC PRESENT FOR ALL ITEMS:
David Jansen
Debbie Lloyd
Thomas Schwartz
Chanhassen Villager
7302 Laredo Drive
7376 Bent Bow Trail
PUBLIC ANNOUNCEMENTS:
Mayor Furlong Thank you and welcome to everybody here joining us this evening and those
watching at home. I'm glad you took the time to join us tonight. I'd like to start with, have one
item and ask for other modifications to the agenda. There was a distribution of consideration of
a change order to the Highway 212 project relating to the Powers Boulevard bridge
improvement, and we'll add that as item number 6 Without objection. Are there any other
modifications or changes to the agenda?
CONSENT AGENDA: Councilman Lundquist moved, Councilwoman Tjornhom seconded
to approve the following consent agenda items pursuant to the City Manager's
recommendations:
a. Approval of Minutes
-City Council Work Session Minutes dated January 23,2006
-City Council Verbatim & Summary Minutes dated January 23,2006
Receive Commission Minutes'
-Planning Commission Work Session Minutes dated January 17,2006
-Park and Recreation Commission Verbatim & Summary Minutes dated January 24,2006
b, Lake Ann Beach Lifeguard Contract Approval of 2006 Contract
c City Code Approval of Amendment to Chapter 18 Concerning Park Dedication
Requirements,
City Council Meeting - February 13,2006
e Resolution #2006-09: Capital Improvement Program' Authorize Purchase of2006
Vehicles and Equipment, PWOl6LLL
g, Southwest Metro Transit. Approval of Amendment to Joint Powers Agreement.
h. Resolution #2006-10: Sand Companies Housing District. Call for Public Hearing on
Proposed TIF District #9
Campbell Knutson, P A. Approval of 2006 Legal Services Agreement
J Resolution #2006-11: Hazard Mitigation Planning: Approval of Resolution to Participate
in Carver County Planning Process.
k. Stonebridge Wireless Approval of Lease Agreement.
1. Approval of Joint Powers Agreement for Carver County to Act as the Absentee Ballot
Board,
m, Approval of Contract with CBO, Bank for the Fourth of July Street Dance
All voted in favor and the motion carried unanimously with a vote of 5 to o.
1(f).
-.
APPROVAL OF APOINTMENTS TO SLOW-NO WAKE TASK FORCE FOR
LOTUS LAKE.
Todd Gerhardt. Mayor, council members. I'd like to pull off Rick Eberhart from the task force
and make it a 7 member board,
Mayor Furlong Okay, Is there any discussion on that?
Councilman Peterson. Motion to approve.
Councilman Lundquist. Second.
Mayor Furlong Made and seconded.
Audience Is there a reason for that?
Todd Gerhardt He's not a resident of the City ofChanhassen and it was my belief that we
shouldn't have somebody outside the community helping us create policy
Audience And why not if there's still other people who have expressed interest
Mayor Furlong. In could, sir just a minute. We will discuss this. Be happy to discuss it
Please come up to the microphone and state your name and address
2
City Council Meeting - February 13, 2006
Dave Susla: My name's Dave Susla, I'm at 7409 Frontier Trail. Wondering why you would go
to 7 versus just electing another one of the interested parties onto the task force
Todd Gerhardt: I wanted to have an odd number just in case the task force decided to kind of
vote among themselves on how a policy might be presented or discussed and that you had an odd
number Versus an even number of 8
Dave Susla. Okay
Mayor Furlong. Is there any other discussion?
Steve Donen. Steve Donen, 7341 Frontier Trail. Just a quick one. The other option was, there
was 16 people who did sign up for it so you could add 2 of those 16 people who were concerned.
Todd Gerhardt. That's, you know we try to keep the group smaller but it's up to the City
Council if they'd like to add more But as you get more people on there, it's a little more
difficult to make decisions so that's why we went with the smaller group
Mayor Furlong: I think one thing too Mr. Donen with regard to that, we can make it as big or as
small This is not the only opportunity for residents to participate The meetings that I suspect
will be open, as well as we will, before any changes take place in terms of ordinance we will
have a public hearing after the task force as an opportunity to meet and come back with
recommendations. So it's nice to see that there was a lot of interest in people participating but I
think at the same time Mr. Gerhardt's standpoint, staff was recommending to keep the group
manageable and also recognizing that there is no limitation to public participation on this issue
Steve Donen I mean my, just my concern is that the large amount of the voice will be from this
group and when you reduce the numbers now you reduce less of the voice of the group. I
imagine you'll have a lot of weight on what this group comes out with and we could have a little
larger group than a smaller group. Better representation of the people on the lake
Todd Gerhardt. Well I would encourage anybody that doesn't agree with the recommendation, I
hope to see a multi recommendation from the group but we will hold the public hearing at the
council level and people can come before the City Council an express their views to them on
what they think should happen, It's just you know not the task force's recommendation that the
City Council will hear from,
Councilman Lundquist. I would also encourage those other people on that list of 16 and other
residents to give you feedback to those neighbors and others as well
Tom Devine I'm a little unclear Is this the point at which we would be open for discussion on
(f) at this point? Or is just as part of the consent agenda. I'm trying to understand the protocols
I have a couple comments I'd like to make about it if I could,
Mayor Furlong. We're discussing this matter There's been a motion made and seconded so
we're in discussion at this point and so if you've got comments.
3
City Council Meeting - February 13, 2006
Tom Devine. This is appropriate?
Mayor Furlong Yes it would be
Tom Devine. Okay Well first of all I'd like to thank you Mr. Mayor and
Mayor Furlong' If you could just Mr Devine, no. State your name and address that's all
Tom Devine. Okay, I'm sorry Tom Devine, 7640 South Shore Drive on Lotus Lake. Mr
Mayor and members of the council I'd like to thank you for addressing the issue of the water and
the water quality on Lotus Lake. It's obviously seen an issue of significance to a number of the
owners as well as the lake users and the leadership that's now being extended I think is an
important one The task force is going to have some voting and some recommendations I think
what we should maybe consider doing, instead of going back one, we should maybe consider
going up 2 if you want to get to an odd number or just replace, like for I if we have 8, just add an
additional 1 off the list of 16 that applied or if you want the odd number, then go up 1 and then
keep it because I think you do want the participation of the people and I think you want the
voting participation of the people to participate in the issue I noticed, I didn't notice until
tonight when I got the agenda that both Lake Susan and Lake Riley are undertaking the same
issue right now, which I think is positive. I think the other issue that I think that I want to, that I
really wanted to address, not as part of the make-up of the committee or the task force as such,
but I think the larger issue is, we're dealing with the issue of the water once it gets to the lake in
terms of what do we do to react to it. But I think the broader issue really is, what are we doing to
address the issue of the water before it gets to the lake, and what are the issues of cleanliness or
the quality of the water that's reaching the lake because that I think if my memory serves me
right, we're up 3 inches now over the last 12 years So the lake has risen to historic levels and
why is that? Was there something going on and that's beyond just the fact that we have these
two 100 year storms this last year which I think is in partly what we're reacting to in part, but
really the broader issue is what are we doing about the water because the water is up
significantly on the lake over a long period of time, and we're not really addressing the issue of
where's that water coming from and what are we doing to try to clean up that water before it gets
in the lake, and that was the issue that I hope the task force also includes as part of the agenda
and that wasn't really outlined in the materials that were presented on the web site but I hope
that's one of the issues so.
Mayor Furlong And I guess just to comment on that, prior to coming into tonight's meeting at
our work session we just spent an hour with the Planning Commission reviewing the current
progress of our storm water management plan update, which is dealing with city wide storm
water Surface water quality Lotus Lake was discussed at length for the reasons that you
mentioned and that's beyond the scope of this task force to deal with that We're trying to focus
this on the issue that as a result of those storms last fall and that was the no wake issue However
we have another citizen task force that's working with the storm water management plan.
They've been working for a number of months on that and the council and planning commission
will continue to work on that as well, so that is not being ignored here It's just this group, you
know the history behind this was with the storms last Labor Day and again in, Labor Day
4
City Council Meeting - February 13,2006
weekend and again in October, the water level went up significantly. It went down slowly
There was an issue of when and how to put a no wake restriction on the lake Whether it should
be put on, Whether it shouldn't be If it is, under what conditions and when does it come off and
those are the issues that our current ordinance, I don't believe and I think the council and staff
don't believe is responsive enough to what the needs are of the homeowners as well as the other
users of the lake and so that's what this task force is trying to address specifically. And it is
going to be specific to Lotus Lake because the issue with Lake Susan, Lake Minnewashta, Lake
Riley are different and each lake is unique and so that's why we're looking at each lake
individually with the task force, That's also the reason that Lotus Lake is the first task force
because of the issues that we see there as a priority.
Tom Devine. Yeah, well I'm very pleased to hear that and I think the two issues, before we set
public policy or ordinances, the two issues are definitely intertwined because we have this
increase, this 12 year increase of 3 inches of average lake level that's increased which is bringing
us within those historic or within I guess it's 6 inches of that 100 year mark and so when we put
the issue together, it's not, I mean you can't address one issue without looking at the other issue
at the same time because if we're going to set an ordinance policy and what we're going to do
after the fact, we've got to look at the issue of what are we doing before the fact to try to do it,
because the two things are going to fit together ultimately when we make policy decision. And
that's the point that I make, and I understand maybe not wanting to combine, you obviously
don't want to combine the two task forces but maybe the ordinance issue then is ahead of the
game before we get the reports or get the feedback from the task force that's going to deal with
the issue of what the runoff is that's coming onto the lake that I think is the problem
Mayor Furlong' Well I think to that point, there's also, you know there are things that we can
control Things that we can't, but there's also timeframe. We can react more quickly on this
issue if there's a problem. When and until the issues that you've mentioned become improved
Whether it's the out flow or the quality of the water coming in and those types of things, those
are longer term projects, and part of our overall storm water management plan that we're
working on so
Tom Devine' The last point I make is, you know most oflast summer the lake was within an
inch and a half or 2 inches of the 100 year mark all summer, and last summer was a fairly dry
summer and so what we're looking at, if we put into effect an overlay grid of an ordinance right
now, we're talking about being within 2 inches on the outside of what it was last summer, and I
think that's the issue that we've got to really look at because it's going to be very difficult to put
an ordinance into effect that in essence establishes or creates a no wake zone on the lake which
in essence renders the lake something to look at rather than a recreational lake, which is
Mayor Furlong And I think what you're mentioning Mr. Devine are issues that this task force
and other residences are looking at this are going to be considering and the pros and cons of
potential recommendations So without getting into what the task force is going to be doing and
what residents have been dealing with, those are issues that they will be looking at and making
recommendations on.
5
City Council Meeting - February 13,2006
Tom Devine: I would urge you then to have to have 2 more people if you want the, if you want
an uneven number or at least replace the one and keep it at 8 as such then, Thank you
Mayor Furlong Thank you, Is there any other discussion? Public discussion. If not, will the
council make comments or discussion on the motion,
Councilman Peterson. I'm not generally biased towards smaller groups than larger just to get the
thing done so I think 7 would probably be more effective and seemingly reasonably represent the
people of that area and so I support staff by going with 7.
Mayor Furlong. Okay, thank you. Any other comments?
Councilman Lundquist. I would echo Councilman Peterson's sentiments. Prepared to move
ahead
Mayor Furlong. Okay
Councilwoman Tjornhom This seems to be kind of a hot issue with everybody on the lake and
so how is it, I realize people volunteered for the task force but how were they chosen necessarily.
Todd Gerhardt: We tried to get a cross section of people on the lake and people off the lake and
Councilwoman Tjornhom: So is it an even amount? Obviously it's not now with 7
Todd Gerhardt. It was an even amount before Now it's not and a majority is for those people
on the lake. 4 people on the lake and 3 people off.
Councilwoman Tjornhom: Okay Then I think I also feel comfortable with keeping it at 7 and
being a small group,
Mayor Furlong Any thoughts?
Councilman Labatt. Onward,
Mayor Furlong' Okay. Very good, This is an important issue and I'm glad we're making
progress I appreciate staff moving forward and very appreciative of the interest, the level of
interest and being on the task force or off is not necessarily a limitation to residents involvement
and that's important and gives me comfort to go forward with staff's recommendations. So with
that, if there's no other comments, we've had a motion. Is there any additional comments before
we take the vote? If not the motion is to eliminate the one member that was recommended and
go with the 7 member task force
Councilman Peterson moved, Councilman Lundquist seconded to appoint the following
riparian and non-riparian property owners to the Lotus Lake Slow-No Wake Lake Task
Force:
6
City Council Meeting - February 13,2006
1) Bob Ayotte, Cascade Pass
2) Doug Bitney, Horseshoe Curve
3) Mary Borns, Frontier Trail
4) Steve Donen, Frontier Trail
5) Greg Fletcher, South Shore Drive
6) Dave Howes, Santa Fe Trail
7) Shelly Strohmaier, Sandy Hook Road
......,
All voted in favor and the motion carried unanimously with a vote of 5 to O.
1( 0 ). APPROVAL OF AMENDMENT TO CHANHASSEN FIRE DEPARTMENT
RELIEF ASSOCIA TION BYLAWS.
Public Present:
Name
Address
Randy Wahl
Jack Kreger
Raymond G. Peitz
Paul Rojina
Bob Meuwissen
6891 Redwing Lane
7606 Kiowa
7607 Kiowa
220 West 77th Street
206 West 7ih Street
Mayor Furlong I think that was pulled off because some residents wanted to speak on it so at
this point maybe, why don't you come up to the podium but I'll ask Mr Gerhardt to just give a
brief background on this matter
Todd Gerhardt: Sure. Mayor, City Council members. Before you is an amendment the
Chanhassen Fire Department Relief Association Bylaws and we are looking at a 3 year contract
with the current volunteers and looking at approximately, a little over 8% increases for the next 3
years. 8 75. Those increases are recommended for approval as long as the funded ratio does not
go below 75% That will take us over the next 3 years so, what the fire board originally
recommended was also to give the 10 current retirees that were on a defined contribution plan,
also an increase with a lump sum check. Not adding to their monthly allotment but a one time
payment over that 3 year period of about $400 My recommendation was not to make that
payment and the reason I recommended that was that under a defined contribution plan, when
you elect to take the defined contribution, that amount is set at a monthly rate and as the word
defined is called out, it's to set that amount and then you can do a calculation over the life period
of those retirees of what that amount would be, so it was my recommendation to the City Council
not to make that payment What my report calls for
Mayor Furlong Thank you sir
Jack Kreger My name is Jack Kreger I'm a charter member of the fire department. I was on
for 20 years and I understand that at the work session that a couple of the council members were
against giving the retired members an increase in their pension, Over the years from all the past
7
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Charge Statement
Goal: (What is the purpose of this group)
The Task force was formed after staff received dIrectIOn from City Council to
consider developmg an automatic slow- no wake ordmance 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
ConsIderation.
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 Responsibility and Level of Authority: (Who does that task force report to?)
The scope of our diSCUSSIon will be focused on high water condItions on Lotus
Lake and the development of an ordmance to zone the Lake "no-wake" during periods of
high water. There are currently many concerns for water quality on Lotus Lake, however
this is not wIthm the Task Forces scope of responsibilIty.
The task force will report dIrectly to the City Council WIth any proposed ordmance
developed or reasons for not pursuing automatic slow-no wake ordmance.
Timeline
March 22nd : Meeting #2, 6:30-8:00 p.m.
April lih : Meeting #3, 6:30- 8:00 p.m.
Mid Apnl: submit proposed ordinance to DNR for initial review
April 24th: Public Hearing! CouncIl ConsideratIon
Late-April: SubmIt ordmance to DNR for approval (up to 120 days for approval)
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.us
City of Chanhassen Slow- No Wake Task Force Web Page:
http://www.ci.chanhassen.fin.us/serv/nresourc/lotus.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/lotus.html
Expectations for members
- Attend meetings
- Stay within the Scope of the Slow- Wake Task Force.
- Stnve for a consensus on any recommendations that are forwarded to councIl.
- Remam Engaged.
- Remain respectful of others.
Expectations for staff
- Attend meetings
- Keep discussions focused within the Scope of the Goal.
- Assist Task force with the development of proposed ordmance.
- Provide or find data that the Task force needs to develop proposed ordinance language
- Forward Task force recommendatIOns to CouncIl.
- Remain respectful of others.
Lotus Lake Slow- No Wake Task Force
Meeting #1
February 22, 2006 6:30 p.m.
A1f~EN"'-
#~
6:30- 6:50
Introductions: (Name, Background, Where do you live, Why did you volunteer)
Goal of Task Force (Intent)- At the direction of City Council, staff has been asked to consider the
implementation of an automatic slow-no wake ordinance for Lotus Lake to improve the
consistency and ease the administrative burden of implementing emergency slow- no wake
restrictions. The goal of the Lotus Lake Task Force will be to assess and evaluate the need and
details of any proposed ordinance that is recommended to Council for adoption. During Task
force discussions it will be important for members to form a consensus on any proposed
ordinance that is developed and recommended to Council.
Schedule Changes? (Meeting 2&3)
Agenda Overview
6:50- 7:20
Background Information
. Lotus Lake Area Characteristics
. Lake Level Data
. Other metro communities using slow- no wake restrictions.
. No Wake Efforts in 2001
7:20-7-40
Need Assessment
. Staff perspective on need
o Public Safety (Docks, Boats, Debris, Sanitary System)
o Protecting Property (Damage, Erosion)
o Environmental Protection (Erosion)
. Task force assessment on need
o Reasons for and against an ordinance change
o Road blocks with imposing an ordinance
7:40-7:50
Discussion...(revise ordinance? Do nothing?)
. Task force thoughts, where do we go from here?
7:50-8:00
Options to Consider
. What level to "activate" a proposed ordinance
. Length of time or condition required to release restrictions
. How do we get the word out?
Questions? Comments?
Next Meeting (Wednesday March 8th 6:30 p.m.).
. Review meeting # 1
. Dep. Jim Olson- next meeting will talk about enforcement.
. Begin development of proposed ordinance.
Timeline
March 8, 2006- Meeting #2: Begin Dialogue (What will the task force recommend to Council?)
March 29, 2006- Meeting #3: Staff will keep DNR informed and formulate a working draft ordinance.
Make changes if necessary, build consensus, forward recommendation to Council for consideration.
Early April, 2006- Forward proposed ordinance to DNR for initial review
April 10, 2006- Public Hearing! Council ConsIderation
Mid- April, 2006- DNR submIssion of ordInance for review and approval: after public hearing and
Council approval
Mid June to Late July, 2006 - DNR approval, Ordinance Adopted (up to 120 days after submIssion
for DNR approval or recommendations)
lr~tf~ENT
~r
Lotus Lake Slow-No Wake Task Force Meeting #1
Minutes
6:30- 8:30p.m. February 22, 2006
Attendance:
Bob Ayotte
Doug Bitney
Mary Borns
Steve Donen
Greg Fletcher
Dave Howe
Shelley Strohmaier
Kate Aanenson
Don Asleson
Summary:
Meeting began at 6:30 pm.
Task force and staff introduced themselves.
After introductton staff went over a charge statement WIth the task force to identtfy the
goal and scope of the Slow- No Wake discussions. As part of the Charge statement
resources available to the task force, communication between task force members and the
publIc and expectations of both task force and staff were Identified. The date of the
future meetings was changed due to conflicts with spring break at area schools. MeetIng
#2 was moved from March 8, 2006 to March 22, 2006. The third meeting was moved
from March 29, 2006 to April 12, 2006. These changes will also change the date of the
public hearing and council consIderation.
Staff gave a brief overview of the agenda for meeting #1.
Background information was provided by staff to members of the Task Force. Task Force
member Steve Donen also provided the Task force WIth Information for the members to
consider. As part of the background information general lake characteristics were
provided in addition to charts showing historical lake level data on Lotus Lake. Also
included as part of the handouts were maps of lakes within other commumttes USIng
slow- no wake restricttons during high water events. Mr. Donen also proVIded addItional
information on area lakes and their slow- no wake use.
Staff gave their assessment on a need for a slow- no wake ordinance identIfying three
areas of concern: 1) PublIc Safety, 2) Protection of Property, 3) Protection of Shoreline.
The task force determined that it would be best to wait until the second meeting for the
task force assessment. This WIll provide the task force with additional time to review the
data that had been presented thIS evenmg.
Additional data requested by Task force members mcludes the followmg mformatIOn:
1. Watershed Boundary Map
2. WetlandlStormwater Map
3. Map of Sanitary system and relevant structure elevations.
4. Rainfall Data
5. Phosphorous Information
6. Problem Areas around Lotus Lake
7. Areas with build-out potential withm Lotus Lake watershed
8. Any additional information on recommended outlet improvement m the updated
Surface Water Management Plan (Document not yet complete)
Task force agreed to lengthen 2nd and 3rd meetmgs by V2 hour.
Meeting was adjourned at 8:10 p.m.
Revised Meetmg Dates
Meeting #2: Wednesday March 22, 6:30-8:30 p.m.
Meetmg #3: Wednesday Apn112, 6:30-8:30 p.m.
PublIc Heanng/CC consideratIOn: Monday April 24
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Current Chanhassen City Code
Sec. 6-48. Operation near shoreline.
Operation of motorized watercraft within 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 150 feet of any shoreline shall be limited to
emerging straight out from and straight towards the shoreline, or slow-no wake operation.
COrd. No. 73, ~ 5.05,7-11-83; Ord. No. 356, ~ 6, 12-8-03)
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
entitledWater Suiface 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.
COrd. No. 73,.~ 5.06, 7-11-83; Ord. No. 356,.~ 7,12.;8-03)
::11
Sam:pleWaterS.u'rfac'eUse Ordinance
2:2
SAMPLE WATER SURFACE USE ORDINANCE
STATE OF MINNESOTA
COUNTY OF
(CITY OR TOWN OF
ORDINANCE NO.
)
AN ORDINANCE REGULATING THE SURFACE USE OF (specify body of water).
Be it ordained and enacted by the (County Board of Commissioners. City Councilor Town
Board), State ,of Minnesota, that these amendments following, by this act, hereby replace and nullify
:those like numbered clauses now existing and a part of (County. City or Town) Ordinance No. _, or
are newly enacted sections which, upon their enactment, become a part of (County. City or Town)
.ordinance No. _
Section 1: 'PURPOSE, INTENT AND APPLICATION: As authorized by Minnesota Statutes
86B.201,86B.205, and 459.20, AND Minnesota Rules 6110.3000 - 6110.3800 as now in effect and as
hereafter amended, this Ordinance is enacted for the purpose and with the intent to control and regulate
the use of the waters of in (County. City or Town), Minnesota, said bodies of water being
;}ocated entirely within the boundaries of (County. City or Town), to promote its fullest use and enjoyment
by the public in general and the citizens of (County. City or Town) in particular, to insure safety for
persons and property in connection with the use of said waters; to hannonize and integrate the varying
uses of said waters; and to promote the general health, safety and welfare of the citizens of (County. City
or Town), Minnesota.
Section 2: DEFINITIONS: Terms used in this ordinance related to boating are defined in M.S. ~
86B.OO5.
Section 3: SURFACE ZONING OF (specify body of water) BY RESTRICfING SPEEDS
DURING CERTAIN HOURS (items given are samples only to assist in drafting an ordinance - alternate
restrictions may also be appropriate):
(a) During the hours of9:0Q a.m. and 6:00 p.rn. on each and every day of the week, watercraft
shall be subject to a 40 MPHspeed limit.
(b ) During the hours of 6:00 p.rn. and 9:00 a.m. on the following day, on each and every day of
the week, no watercraft shall be operated in excess of fifteen (15) miles per hour.
(c) Slow-no wake speed 24 hours per day when the liike level on Lake exceeds
:feet as measured at the gauge located at . Such restrictions shall become effective
upon publication in a local daily newspaper as a news item or on a specified date, whichever
is later. All public watercraft accesses shall be posted prior to and during the time restrictions
,are in place. In addition, notice of said restrictions shall also be posted at the
(Courthouse / City Hall).
.23
When high water levels have subsided and have remained below an elevation of feet
above mean sea level for three (3) consecutive days, said restrictions shall be promptly removed.
Section 4: ENFORtEMENT*: The Primary responsibility for enforcement oHhis ordinance shall
rest with the * . This, however, shall not preclude enforcement by other licensed peace
officers.
*NOTB: :If the local unit ofgovemment that is doing the onfinance does not have any law enforcement capability, you must
contact the sheriff's department prior to startin2 any work on the onfinance to make sure they are willing and able to be the
,primary agency to enforce any restrictions. If you are a city that has a ,police department, they need-to be included as a primary
enforcement agency. as well. State agencies. including the DNR, are generally not available for the primary enforcement of local
ordinances.
Section 5: EXEMPTIONS: All authorized Resource Management, Emergency and Enforcement
Personnel, while acting in the ,performance of their assigned duties are exempt from the foregoing
restrictions.
Section 6: NOTIFICATION: It shall be the responsibility of the (County, City or Town)
to provide for adequate notification of the public, which shall include placement of a sign at each public
watercraft access outlining essential elements of the ordinance, as well as the placement of necessary
'buoys and signs.
Section 7: PENALTIES: Any person who shall violate any of the provisions of this Ordinance
shall be guilty?f a
Section 8:EFFECfIVE DATE: This Ordinance shall be in effect from and after the date of its
:passage and publication.
Passed by the (County Board of Commissioners, City Councilor Town Board) on this day
of ,20_.
QIj
Lotus Lake Slow- No Wake Task Force
Meeting #2
March 22, 2006 6:30 p.m.
r11fAt:..HMEIUT
4/:-; q
Goal of Task Force (Intent)- At the direction of City Council, staff has been asked to consider
the implementation of an automatic slow-no wake ordinance for Lotus Lake to improve the
consistency and ease the administrative burden of implementing emergency slow- no wake
restrictions. The goal of the Lotus Lake Task Force will be to assess and evaluate the need and
details of any proposed ordinance that is recommended to Council for adoption. During Task
force discussions members should strive to form a consensus on any proposed ordinance that is
developed and recommended to Council.
Scope- Scope of discussion will be focused on slow-no wake with regard to high water level.
Agenda Overview
6:40-6:55
Discussion...(revise ordinance? Do nothing?)
. Task force thoughts, where do we go from here?
Carver County Sheriffs Department
. Sgt. Jim Olson will answer questions on slow-no wake enforcement.
Discussion Continued
. Decisions (Data Based and Policy Based)
a. What will trigger the ordinance (level)
b. What will release the ordinance (time/level)
c. Public Notice
Details of Draft Ordinance
1. What will trigger the ordinance (level)
2. What will release the ordinance (time/level)
3. Public Notice
Next Meeting (Wednesday April 12th 6:30 p.m.):
. Review meeting #2
. Review draft ordinance, reVIse if needed.
. Forward draft ordinance to council for consideration.
Timeline
April 12, 2006- Meeting #3 Staff will keep DNR mformed and formulate a working draft ordinance,
Make changes if necessary, bUild consensus, forward recommendation to Council for consideration.
Early April, 2006- Forward proposed ordmance to DNR for initial review.
April 10, 2006- Public Hearing! Council Consideration
Mid- April, 2006- DNR submission of ordmance for review and approval: after public heanng and
CounCil approval
Mid June to Late July, 2006 - DNR approval, Ordmance Adopted (up to 120 days after submission
for DNR approval or recommendatIOns)
~ENT 10
Lotus Lake Slow-No Wake Task Force Meeting #2
Minutes
6:30- 8:30p.m.March 22, 2006
Attendance:
Bob Ayotte
Doug Bitney
Mary Borns
Steve Donen
Greg Fletcher
Dave Howe
Shelley Strohmaier
Sgt. JIm Olson, Carver County Shenffs Department
Lon Haak
Don Asleson
Summary:
Meeting began at 6:30 pm.
Overview
Staff reIterated the goal and scope for the Lotus Lake Slow-No Wake Task Force.
Task force members were asked by staff if a slow no wake was something that was worth
pursuing. All seven members unanimously mdicated they wished to pursue the slow no
wake ordinance at the 100 year level. The 100 year level was determmed to be a
reasonable level for the proposed slow no-wake ordinance with all task force members.
Enforcement Discussion. Carver County Sheriffs Dept.
To allow dIscussion on the enforcement aspect of a Slow-No Wake Sgt. Jim Olson was in
attendance to answer questions. Sgt. Olson indicated to the task force that he didn't want
people to have unreasonable expectations for the part-time boat and water unit. He
indicated that with a lImited number of boats to patrol Carver County that only so much
patrollmg could be done on busy/hot days. Sgt. Olson indicated that there may be
opportunIties for the homeowners associatIons to contract for additional ttme on Lotus
Lake.
Doug asked Sgt. Olson what the costs would be for addittonal tIme on Lotus Lake. Sgt.
Olson indicated that It would probably be somewhere around $70 per hour for the boat
and the two officers.
Doug asked how Lotus Lake could be priontized dunng high water conditions. Sgt.
Olson indicated that the best way to get the patrol out on Lotus Lake IS to call the general
dispatch number and request enforcement.
Steve asked if there was a way for lake users to become deputIzed. Sgt. Olson satd that It
IS not something that he would endorse. His concerns included that impersonating an
officer IS not a good situation. Equity between lake users also becomes a concern. Olson
also stated that identifying the driver of the watercraft also becomes an issue.
Bob had questions on the use of cameras and how they could assist residents with theIr
concerns. Sgt. Olson stated that date and tIme on the photos would be critical and that he
would check to see what rules would have to be followed with thIS type of enforcement.
Bob questIoned where the County's watercrafts are located. Sgt. Olson indicated that one
watercraft is stored on Lake Wacoma and the other is stored in Cologne. Bob also asked
if the ability to position one of the boats in Chanhassen was an option. Sgt. Olson said he
would take a look into the possibility. Bob indicated that he would support an agreement
with the Lotus Lake Association to decrease the cycle time on Lotus Lake. Bob indicated
that he would lIke to see a recommendation to council to decrease the cycle time for
Chanhassen lakes based on population, number of lakes, etc. within Chanhassen.
Sgt. Olson mdicated that anyone is welcome to be a part of the reserve force to help
patrol Carver County lakes. The reserves, after traming, work as part tIme deputies.
Shelley asked the group if they notice a change in behavior when the water patrol is on
the water. Steve mdIcated that there was an impact.
Greg stated that the counter-clockwIse requirement for travel direction IS often
dIsregarded.
Greg asked Jim what the fines for mfraction would be. Sgt. Olson indicated that It would
be a misdemeanor with a maximum penalty of $1000 and 90 days m jail.
The task force asked Sgt. Olson if It would be possIble to set the fine levels for tIckets.
Staff indicated that they would find out. The draft ordmance will be worded according to
staff's findings.
Don asked Sgt. Olson how many VIOlators lived on the lake. Olson indicated that many of
the no-wake violators were reSIdents on the lake, a mix of adults and ktds.
Shelley asked what the most common citatIOns on Lotus Lake were. Sgt. Olson was
unsure without reviewing the citations. His imtial thought without reviewing the
VIolations was that they would be unsafe jet-ski operation, no lIfe preservers, sitting on
bows/rails, and registration. Not very many drinking related incidents.
Bob asked what would be the most effective way to signal that a no-wake is active.
Buoys? Sgt. Olson indIcated that buoys are very heavy and messy. Not a very qUIck and
easy way to mdicate slow-no wake.
Dave mdIcated that mstallIng a couple no-wake flags around the lake may be a very
effective way of commumcating the no wake to residents. He felt the benefit was that
residents would be able to see the flags from their docks. Additionally, they are easy to
mamtam.
Greg asked Sgt. Olson how the park hours could be enforced. Sgt. Olson indIcated that
the access IS open all the tIme since it is a DNR access. The hours are for the park and
parking lot. Bob asked If the parking lot could be enforced. Olson satd it could.
Doug indicated that the Sheriffs Dept. does a good job of socIalizing and educating on
Lotus Lake.
Draft Ordinance Development Discussion
DiscussIon was then focused on developmg the draft ordinance.
The task force indicated that the 100- year level should be the tngger mechanism.
The release mechanism was determined that the water level should be below the 100 year
elevation for three consecutive days.
Steve mdIcated that City has the abilIty to provide protection for the extreme events;
however property owners need to take responsibility for their own properties.
DiscussIOn on how to notIce the public began with a summary of what the City currently
does:
. Cable Channel 8
. Web Page
. Ematl (what addresses we have)
. Signs
. Clean Water Hotline
The task force mdIcated that they would lIke to see additional mechamsm on the lake to
notify homeowners. Ideas mcluded:
. Buoys (8 total: 2 at each pinch point, two at launch)
. Flag
. Ombudsman for notIficatIOn (CIty CouncIl appomtment) because this
would increase viSIbility.
. Increased signage (associatIOn docks and publIc launch)
Bob indIcated that he had concerns with the mcluding the 100 year elevation in the
proposed ordinance and that people would not understand. He felt that the group should
artIculate the ordinance relative to the docks; instead of referencing the 100 year
elevation. Lori stated that we can artIculate the 100 year (extreme event) within the
purpose statement. Bob was ok with this.
Steve stated that 90% of the issue on Lotus Lake is commumcatIOn. Enforcement is not a
problem. Steve feels that the problem is commumcating the Issue with the people who are
launchmg their boats on shore.
Shelley indicated that as part of the notIfication process it will be necessary to post
sIgnage on neIghborhood association docks as well as the public landmg.
Staff stated that they would follow up with Kim Elverum on other notIfication strategIes
and research possIble ordinance reqUIring shorelIne protection. Staff would also
investigate if a graduated fine in ordinance based on number of violatIOns could be
Implemented.
Other Discussion
Dave brought in photos from Labor Day weekend to Illustrate the high water condItions a
slow-no wake will manage.
Mary provIded task force a map illustrating her findings with respect to shoreline
vegetation/rip rap and areas of Lotus Lake currently expenencmg erosion problems.
Mary also brought in a dIsplay illustrating shorelIne erosion on Lake of the Isles In
MinneapolIs to illustrate that erosion problems eXIst even when lakes are non-motonzed.
Her display mdicated that the CIty has the ability to protect with a no-wake during
extreme events, however residents need to manage theIr shoreline properly to avoid
property damage and eroSIOn during normal lake level fluctuations and wave action.
Steve prOVIded pnnted copies of the emailed data that he had provided earlier In the
week.
Steve indicated that property owners need to fix theIr own shorelines. Don indIcated that
there are different management styles to shoreline protection, rip rap vs. vegetation.
Doug indIcated that the associatIOn has about 30% of Lotus Lake homeowners email
addresses. Steve stated that he would be willing to help acquire 100% of homeowner
email addresses.
Bob asked Olson if more could be done about parking VIolators. Could they be towed?
Olson satd that the ordmance could be revIewed. The tickets could most likely be
mcreased.
Bob mdIcated that the delivery of the proposed ordinance by the task force to the council
is very Important. Greg volunteered to be the spokesperson. The task force agreed that all
should attend public hearing/council consideration.
The next meeting WIll focus on reviewing draft ordInance and working on a presentatIOn
to council.
Meeting was adjourned at 8:30 p.m.
Meeting #3: Wednesday April 12, 6:30-8:30 p.m.
PublIc Heanng/CouncII ConsideratIon: Apnl 24, 2006
Lotus Lake Slow- No Wake Task Force
Meeting #3
April 25, 2006 6:30.8:30 p.m.
A1JA-aJ~ENr
#=/1
Goal of Task Force (Intent) - At the direction of City Council, staff has been asked to consider
the implementation of an automatic slow-no wake ordinance for Lotus Lake to improve the
consistency and ease the administrative burden of implementing emergency slow- no wake
restrictions. The goal of the Lotus Lake Task Force will be to assess and evaluate the need and
details of any proposed ordinance that is recommended to Council for adoption. During Task
force discussions members should strive to form a consensus on any proposed ordinance that is
developed and recommended to Council.
Scope- Scope of discussion will be focused on slow-no wake with regard to high water level.
6:30-7: 15pm
Discussion
. Changes to Draft Ordinance?
. Staff Report
7: 15-8:30
Task Force Recommendation
. If task force feels they need to include a recommendation in the staff report as an attachment.
time will be allowed for the development of the recommendation.
Timeline:
May sth council meeting- Public Comment! Council Consideration
Mid- April, 2006- DNR submIssion of ordmance for review and approval: after public hearing and
Council approval
Mid June to Late July, 2006 - DNR approval, Ordinance Adopted (up to 120 days after submission
for DNR approval or recommendations)
A~IIII4EI\Tr#IJ.
Lotus Lake Slow-No Wake Task Force Meeting #3
Minutes
6:30- 8:30p.m.April 25, 2006
Attendance:
Doug Bitney
Mary Borns
Steve Donen
Greg Fletcher
Dave Howe
Shelley Strohmaier
Don Asleson
Lori Haak
Summary:
Meeting began at 6:30 pm.
Draft Ordinance
Task force mdicated that the draft ordinance is fine as written.
Staff Report Discussion
Next discussion shifted to the staff report. Issues that task force members indIcated
needed clarity or further explanation included:
. Development of executive summary to replace purpose statement. ThIS will
answer the who, what, when, where and why of the slow-no wake ordinance.
. Task force members felt that It was necessary to indicate the enforcement aspect
of the slow-no wake ordinance somewhere m the staff report language.
. Task force indicated that the slow-no wake issue is very sensitive and that details
in the background sectIOn need to be clear or removed.
. After further dIScussion on the notification options members of the task force
indIcated that they no longer wanted to pursue the flags, buoys and ombudsman.
The task force members present indicated they desired to have those options
removed from the staff report. Staff agreed to the changes.
Task Force Recommendation
The task force dedicated the remainIng time to the development of the Lotus Lake Task
Force Summary (Attachment #2 in the staff report).
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Attachment # 1'1 Chanhassen Code "Docks"
Sec. 6-26. Docks.
(a) No more than one dock shall be permitted on any lakeshore site.
(b) No dock shall exceed six feet m width and no dock shall exceed the greater of the
following lengths:
(1) 50 feet; or
(2) The mmimum straight-line distance necessary to reach a water depth of four feet.
(c) The wIdth (but not the length) of the cross-bar of any "T" or "L" shaped dock shall
be mcluded in the computation of length described m the preceding sentence. The cross-
bar of any such dock shall not measure in excess of 25 feet in length. No dock shall
encroach upon any dock setback zone; provided, however, that the owners of any two
abuttmg lakeshore sites may erect one common dock within the dock setback zone
appurtenant to the abutting lakeshore sites, if the dock is the only dock on the two
lakeshore sites and if the dock otherwise conforms with the provisIons of this chapter.
(d) No person shall store fuel upon any dock.
(e) No oscillating, rotating, flashing or moving sign or light may be used on any dock.
(f) No advertising signs shall be dIsplayed from any dock.
(g) Access across wetlands shall be subject to the standards set forth in section 20-405.
Docks shall be elevated a minimum of six to eIght inches above the ordinary high water
elevation.
(Ord. No. 73, SS 3.02,3.03,3.09,3.10, 7-11-83; Ord. No. 356, S 3, 12-8-03)
.all
11 ~"",~-r
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Lotus Lake Information
~lb
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
September 6. 2005
RESOLUTION NO:
2005.71
MOTION BY: LundQuist
SECONDED BY:
Peterson
RESOLUTION EST ABISHING AN EMERGENCY SLOW NO.W AKE
AREA FOR LOTUS LAKE
WHEREAS, a major rain event struck the City of Chanhassen during the early morning
hours of September 4,2005; and
WHEREAS, an estimated five-inohes of rain fell in roughly a two-hour period; and
WHEREAS, this rainfall created a high water level on area lakes, especially Lotus
Lake; and
WHEREAS, the high water levels are a safety hazard, as well as threaten serious
shoreline erosion; and
WHEREAS, the water levels are close to impacting pump stations along Lotus Lake; and
WHEREAS, Chanhassen City Code Section 6-49 allows the City Council to designate
emergency slow no-wake areas;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen, Minnesota, as follows:
1. That the Chanhassen City Council hereby establishes an emergency slow
no-wake area for Lotus Lake until the water level is measured to be below the
ordinary high water mark as designated by the Minnesota Department of Natural
Resources for a period of three consecutive days.
~A'L
Thomas A. Furlong, Mayor
YES
NO
ABSENT
Furlong
Peterson
Lundquist
Tjornhom
None
Labatt
At+OI.~~eV\,t *- l ~
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