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4 Lake Susan Slow-No Wake Ordinance CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Buildinlt Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us '-I- MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Don Asleson, Natural Resources Technician o'fy DATE: May 22, 2006 SUBJ: Lake Susan 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 developmentofan automatic slow- no wake ordinaIlceforthehigh water events on Lake Susan. A group was appointed by Counciltoparticipateinthe LakeSusanTaskForceaIldassist in the development of the proposed slow-no wake ordinance for Lake Susan. As a result of the three task force meetings, members indicated a unanimous decision to pursue the automatic slow-no wake ordin"ance at the 882.5 Mean Sea Level (MSL). The duration of the restriction desired by task force is 24 hours after the water level drops below 882.5 MSL. Staff recommends no less than 48 hours restriction duration. Historically lake levels were monitored by Riley-Purgatory- Bluff Creek Watershed District once a month. As of May 2, 2006 a lake gauge was installed to allow staff to monitor lake levels weekly or more often if needed. Before the ordinance would be activated, the lake level would be verified by staff to ensure the lake level is at or above 882.5 MSL. The ordinance will be enforced by Carver County Sheriff's Department and violation of the ordinance would be considered a misdemeanor, punishable bY!!Q to a $1000 fine and! or 90 days in j ail. Enforcement will be exempt from the provisions of the proposed ordinance. The Lake Susan Slow-No Wake Task Forceandstaffagree the selected no-wake ordinance should bere-addressed in the fall of 2006 to determine if adjustment is needed to the ordinance afterone boating season. The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Todd Gerhardt Lake Susan Slow-No Wake May 22, 2006 Page 20f7 BACKGROUND The current slow-no wake ordinance (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 incorporat~d 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. After the extreme rain events in September and October of 2005, City Council directed staff to once again 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 six-member Lake Susan Slow-No Wake Task Force was convened to assist in the development of an automatic ordinance for Council to consider. Staff facilitated three meetings with task force members in which great effort was put forward by the task force members in the development of a recommendation for Council to consider. 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. Todd Gerhardt Lake Susan Slow-No Wake May 22, 2006 Page 3 of7 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 cause concern for public infrastructure. During times of high water, increased inflow and infiltration into the public infrastructure causes concern. The City provides proactive protection for the system; however, the concerns still exist during times of high water. TASK FORCE Six task force members were selected by Council during the February 27, 2006 Council meeting (Attachment 4). All six lake users interested in participating in the slow-no wake task force participated in the Task Force discussions. A 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 following is a summary of what occurred at the three meetings. For complete details the agendas, minutes and handouts for all three meetings have been included in the attachments (Attachments 5-12). Meeting #1 Introduction, Background Information and Discussion Meeting 1 was used to focus on the goal and scope of the slow-no wake discussion. The task force was given a general overview of Lake Susan 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 7). 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 indicated by the end of meeting #1 that they were not necessarily in favor of a slow-no wake until they were able to stand on the shore and "see" the chosen elevation. Todd Gerhardt Lake Susan Slow-No Wake May 22, 2006 Page 4 of7 A difficulty on Lake Susan was the lack of lake level data for task force members to review. Data collected by Riley-Purgatory-Bluff Creek Watershed District has been monthly data. Monthly readings do not give very accurate representation of lake level fluctuations on Lake Susan. Meeting #2 Discussion and Details Between meeting 1 and meeting 2, the task force was given a map with elevations listed on a few select manhole covers. Some task force members met staff on site to identify elevations of existing structures on shore and visually determine a reasonable elevation. During meeting #2 there was concern about setting the "emergency" level too high or too low. Task force felt that the level should fall somewhere between 882.0 and 883.0. As a way of ensuring that Lake Susan was protected during high water events, the task force unanimously agreed that the slow-no wake elevation should be set at 882.5. The task force also indicated that they wished to revisit this elevation in a year after additional water level data becomes available. Staff agrees with this approach as it protects Susan during high water; however, offers some flexibility to re-evaluate the level as additional lake level data becomes available. Staff recommended to the task force a condition in the proposed ordinance that would require the slow-no wake to remain for three days after the water elevation drops below 882.5. The three-day condition will ensure that small rain events are not able to push a draining lake into a slow-no wake condition. The three-day criteria will give Lake Susan a "buffer" for small rain events and will make the administration and enforcement of the slow-no wake easier. It was noticed by staff during no-wake investigations that other communities using surface use zoning during high water tend to use the three-day delay as part of their ordinances. The task force does not endorse the three-day condition. It was indicated by the task force that because Lake Susan drains faster than other lakes (such as Lotus Lake), a 24-hour period is the most that the task force would recommend to Council. The task force members indicated they felt very strongly about only having the restriction for 24 hours after the lake level drops below 882.5. Staff indicated during meeting #2 a time period of no less than two days (48 hours) would be recommended by staff. However, the 24-hour task force recommendation would be forwarded to Council. The task force then discussed how to notice the public when a slow-no wake ordinance is in effect. The 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 lake representatives. 6. Fixed post with indicator. Todd Gerhardt Lake Susan Slow-No Wake May 22, 2006 Page 5 of 7 Staff is in agreement with notice recommendations 1-5; however, staff has concerns about notice option 6. During discussions the task force members indicated the desire to have the slow-no wake ordinance as pain-free and self-regulating as possible. Recommendation 6 of having a post with an indicator line placed in the water near the launch was suggested by task force members as a way of achieving the pain-free/self-regulating goal. The concerns voiced by staff and the Carver County Sheriff's department with the post notification option are: . Creates a hazard for boats in the water. . Leaves room for interpretation by users when a borderline condition with waves exists. . Could easily be tampered with and!or moved during seasonal frost and ice cycles. Meeting #3 Recommendation Finalization Meeting #3 was used to review their proposed ordinance and forward the recommendation to Council. 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 ordinances have been included in Attachment 8 (Meeting #1). The task force identified the level of 882.5 as the "trigger" level for the no-wake restriction during the three meetings. Staff agrees that this is an acceptable level for the automatic slow-no wake ordinance. As Lake Susan is a recreational lake, it was important for the task force to consider the effect of a no wake on availability to recreational users. Because Lake Susan does not have very good historic lake level data, staff agrees with the task force on a need to re- evaluate the selected no-wake elevation after the 2006 boating season to determine if the elevation needs to be adjusted based on the new lake level data. The lake level gauge was installed on May 2, 2006 and the lake level was shared with the task force at that time. Task force members shared concerns with staff that the proposed level is thought to be set three inches lower than intended during task force discussions. If the level were to be revised, the new level would be 882.75. Staff sees no problem with choosing either elevation since the elevation will be subject to revision this fall after additional data is obtained. Either the task force recommended 882.5 or the level three inches higher at 882.75 would be a reasonable starting no-wake elevation during the first year of implementation. Re-visiting the elevation this fall will be necessary to ensure the no-wake ordinance is set at the correct level. Todd Gerhardt Lake Susan Slow-No Wake May 22, 2006 Page 6 of 7 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. RECOMMENDATION Staff recommends the City Council solicit public comment on the proposed ordinance amendment and amend City Code 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 ofa 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 Sheriff's Department. 7. To the public by other appropriate means. determined by Council. Todd Gerhardt Lake Susan Slow-No Wake May 22, 2006 Page 7 of 7 (b) Lake Susan: All persons shall operate watercraft at a slow-no wake speed on Lake Susan whenever the water elevation exceeds 882.5. The slow-no wake surface zoning will remain in place until the water level drops below 882.5 for 48 hours. Upon 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 Lake Susan. 6. To the Carver County Sheriff's Department. 7. To the public by other appropriate means determined by Council. (4) Watercraft utilized by resource management, emergency and enforcement personnel, when acting in the performance of their assigned duties, shall be exempt from the provisions of this ordinance. ATTACHMENTS 1. Proposed Lake Susan Slow-No Wake Ordinance. 2. Lake Susan Task Force Summary. 3. Council Task Force Appointment. 4. Lake Susan Charge Statement. 5. Lake Susan Meeting Agenda #1. 6. Lake Susan Minutes #1. 7. Lake Susan Handouts #1. 8. Lake Susan Agenda #2. 9. Lake Susan Minutes #2. 10. Lake Susan Agenda #3. 11. Lake Susan Minutes #3. 12. Lake Susan Manhole Locations Map. 13. Lake Susan Summary Ordinance. g:\eng\don\slow_iJ.o_wake\lake susan\lake susan staffreporCcc.doc A+\o-cnMeA+ =tf- ~ 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 add Subsection (3)(b) and Subsection (4) as follows: (b) Lake Susan: All persons shall operate watercraft at a slow-no wake speed on Lake Susan whenever the water elevation exceeds 882.5. The slow-no wake surface zoning will remain in place until the water level drops below 882.5 for 48 hours. Upon 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 Lake Susan. 6. To the Carver County Sheriff's Department. 7. To the public by other appropriate means determined by Council. (4) Watercraft utilized by resource management, emergency and enforcement personnel, when acting in the performance of their assigned duties, shall be exempt from the provisions of this ordinance. SECTION 2. 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 ) g:\eng\don\slow_no_wake\lake susan\proposed susan snw ordinance ammend.de,c AtI-~"~ -~ Lake Susan Slow/No Wake Task Force Summary Slow- No Wake Ordinance Recommendations: The task force recognizes that a slow/no wake restriction during times of high water will be beneficial; however, the task force strives for enforcement to be more educational than adversarial unless otherwise warranted. Blatant disrespect for high water levels would be the only condition that a ticket would be warranted. Using benchmarks on the ground (e.g., manhole covers), the task force members that ar~ very familiar with the historical lake levels over the past 30+ years identified the 882.5 elevation for the slow/no wake restriction. The elevation that was chosen by the task force will provide protection for the sanitary sewer manholes from going underwater (at an elevation of 883.0). The task force recommends that a high water slow/no wake ordinance go into effect when the level of Lake Susan reaches 882.5. The task force had hoped to minimize the duration of the slow-no wake by having the slow/no wake in effect only when the water level was above 882.5. However, a compromise was reached during task force discussion that the lake level must remain below 882.5 for 24 hours before the slow/no wake restriction is lifted. The task force was composed of residents with many different interests and is therefore represent the perspectives of Lake Susan users. The task force recommends the Council adopt the task force's recommendation. The task force desires to be reconvened during the Fall of 2006 to review the lake level data from the 2006 boating season and determine whether or not the 882.5 level is appropriate for the slow/no wake restriction. Adjustments to the slow-no wake elevation (up or down) could be made to the ordinance if the new information in the form of lake level data indicates a change is needed. Other Issues effecting Lake Susan: The task force wishes to minimize amount of time the lake is up. As part of the Highway 101 reconstruction the task force strongly feels a need to look at enlarging pipe under TH 101. If the pipe goes in and it's not sized correctly, the opportunity to fix it is gone. Additionally, if the pipe is too small and the lake goes above 883.0, the sanitary sewer manholes will go underwater. Task force members recommended putting in a larger culvert baffled down to the necessary size. The pipe must be sized correctly as part of the highway project since the opportunity to fix it if it is incorrect will not exist for a very long time. Task force also realizes that wakeboard boats can be destructive since they are designed to generate wake. IJ7fA~-II~:I/ :s CHANHASSEN CITY COUNCIL REGULAR MEETING FEBRUARY 27, 2006 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Lundquist, Councilwoman Tjornhom and Councilman Peterson COUNCIL MEMBERS ABSENT: Councilman Labatt STAFF PRESENT: Todd Gerhardt, Elliott Knetsch, Justin Miller, Paul Oehme and Kate Aanenson PUBLIC PRESENT FOR ALL ITEMS: Janet D. Paulsen Debbie Lloyd Jon Agrimson Kari Nettesheim Jerry McDonald David Jansen 7305 Laredo Drive 7302 Laredo Drive 12397 Jack Pine Trail 9151 Great Plains Boulevard Planning Commission Chanhassen Villager PUBLIC ANNOUNCEMENTS: Mayor Furlong: Thank you and good evening to everyone here with us in the council chambers, as well as those watching at home. We're glad you joined us. At this time I'd like to make an announcement regarding our agenda as well as add an item to it, then open it up to the council to add additional items or modify it. First of all, just for point of clarification, ifthere are people here this evening for the Halla Greens matter, that has been pulled off tonight. We will not be discussing that this evening. We expect that to return at our next meeting, our first meeting in March. So if there are people here for that, we will not be discussing that this evening. Also based upon our work session, the item under work session C, which is the discussion related to the motor vehicles sales tax constitutional amendment. We will be adding that as item l(m) this evening on our consent agenda. So at this point I would ask if there's any other modifications or changes related to the agenda. Ifnot, with that addition we will proceed. At this point Iwould like to consider the consent agenda. CONSENT AGENDA: Councilman Peterson moved, Councilman Lundquist 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 February 13,2006 -City Council Verbatim & Summary Minutes dated February 13, 2006 City Council Meeting - February 27,2006 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes b. Resolution #2006-14: 2005 MUSA Expansion, Bid Package #2, Project 06-05: Receive Feasibility Study, Call for Public Hearing. c. Resolution #2006-15: TH 101 Corridor Scoping and Environmental Screening from Lyman Boulevard South to Scott County Line, PW067F4: Approval of Consultant Contract. e. Resolution #2006-16: Lift Station No. 27, PW055AA: Approve Quotes for Upgrade Improvements. f Minnetonka Middle School West: Approval of Request for an Interim Use Permit to Allow Over 1,000 Cubic Yards of Grading, 6421 Hazeltine Boulevard, (Highway 41). ---pr g. Approval of Appointments to Slow-No Wake Task Force for Lake Susan. h. Approval of Agreement with Plowshares for Regional Storm Water Ponding. 1. Public Surplus Auction Web Services: Approval of Joint Powers Agreement with the City of S1. Paul. J. Sand Companies: Approval of Loan Agreement for Local Housing Incentive Account Grant Award. k. Surface Water Management Plan Update: Approval of Contract Change Order. 1. Approval of Ordinance Renaming Hemlock Lane. m. Resolution #2006-17: Resolution of Support for Dedication of 100% of Motor Vehicle Sales Tax (MVST) to Transportation and Transit Purposes. All voted in favor and the motion carried unanimously with a vote of 4 to O. VISITOR PRESENTATIONS: PRESENTATION OF LOCAL HOUSING INCENTIVE GRANT: JULIUS SMITH. METROPOLITAN COUNCIL. Mayor Furlong: This evening I would like to welcome our representative to Metropolitan Council, Jules Smith who's here this evening and would like to make a presentation to the council. Jules Smith: Mr. Mayor and council members, it's my pleasure tonight to advance to the City of Chanhassen the $300,000 to help facilitate development of a 3 story, 48 unit building to provide 2 IJ11~HMr;Nr:ll1f Charge Statement Goal: (What is the purpose of this group) The Task force was formed after staff received direction from City Council to consider developing an automatic slow- no wake ordinance to relieve the administrative burden of emergency resolutions and increase consistency with no-wake implementation. The goal of this task force is to assess and evaluate the need for and details of any proposed automatic slow- no wake ordinance that is recommended to Council for 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 Responsibilitv and Level of Authoritv: (Who does that task force report to?) The scope of our discussion will be focused on high water conditions on Lake Susan and the development of an ordinance to zone the Lake "no-wake" during periods of high water. There may be additional concerns for Lake Susan, however this is not within the Task Forces scope of responsibility. The task force will report directly to the City Council with any proposed ordinance developed or reasons for not pursuing automatic slow-no wake ordinance. Timeline April 5th: Meeting #2, 6:30-8:00 p.m. April 26th: Meeting #3, 6:30- 8:00 p.m. Early May: submit proposed ordinance to DNR for initial review May 8th: Public Hearing! Council Consideration (tentative) Mid April: Submit ordinance 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.mn.us/serv /nresourc/susan.html Communication Feel free to contact Don Asleson with any questions or comments. If additional information is needed Staff will contact agencies that may have information to share. Is email communication ok with task force? City of Chanhassen Slow- No Wake Task Force Web Page: http://www.ci.chanhassen.mn.us/serv /nresourc/susan.html Expectations for members - Attend meetings - Stay within the Scope of the Slow- Wake Task Force. - Strive for a consensus on any recommendations that are forwarded to council. - Remain Engaged. - Remain respectful of others. Expectations for staff - Attend meetings - Keep discussions focused within the Scope of the Goal. - Assist Task force with the development of proposed ordinance. - Provide or find data that the Task force needs to develop proposed ordinance language - Forward Task force recommendations to Council. - Remain respectful of others. Lake Susan Slow- No Wake Task Force Meeting #1 March 15, 2006 6:30-8:00 p.m. A"Irc~T -It S- 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 Lake Susan to improve the consistency and ease the administrative burden of implementing emergency slow- no wake restrictions. The goal of the Lake Susan 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 strive for a consensus on any proposed ordinance that is developed and recommended to Council. Agenda Overview 6:50- 7:20 Background Information . Lake Susan Characteristics . Lake Level Data . Other metro communities using slow- no wake restrictions. 7:20-7:40 Need Assessment . Staff perspective on need o Public Safety (Docks, Boats, Debris) 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 April 5th 6:30 p.m.): . Review meeting #1 . Dep. Jim Olson- next meeting will talk about enforcement. . Begin development of proposed ordinance. Timeline AprilSth , 2006- Meeting #2: Begin Dialogue (What will the task force recommend to Council?) April 26th , 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 May, 2006. Forward proposed ordinance to DNR for initial review. May 8th, 2006- Public Hearing! Council Consideration (date may change) Mid April, 2006- DNR submission of ordinance for review and approval: after public hearing and Council approval Mid June to August, 2006 - DNR approval, Ordinance Adopted (up to 120 days after submission for DNR approval or recommendations) ArtAGHME~ :It, Lake Susan Slow-No Wake Task Force Meeting #1 Minutes 6:30- 7:40p.m.March 15, 2006 Attendance: Will Armstrong Pete Haakenstad Tom Houston Greg Ohnsorg Kyle Tidstrom Lori Haak Don Asleson Summary: Meeting began at 6:30 pm. Task force and staff introduced themselves. After introduction staff went over a charge statement with the task force to identify the goal and scope of the Slow- No Wake discussions. As part ofthe Charge statement were the resources available to the task force, communication between task force members and expectations of both task force and staff were identified. Kyle stated he was skeptical and felt that erosion was the real problem. He stated that the 101 culvert (outlet) elevation will solve high water issues. Task force members stated that they were ok with the meeting schedule and having their emails posted on the task force web page. Background information was provided by staff to members of the Task Force. As part of the background information general lake characteristics were provided in addition to charts showing historical lake level data on Lake Susan. Also included as part of the handouts were maps of lakes within other communities using slow- no wake restrictions during high water events. Some Task force members wanted to know what normal "looks like" on Lake Susan. Members felt that the data does not mean much unless they are able to see the elevations on the ground. Greg stated that the lake easily fluctuates 18". Kyle stated that the task force really needs to know where the elevations are on land. Staff agreed to find some locations and provide the information to the members. 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 assessment broke the following Pros/Cons and roadblocks out of their discussion. Pros: . When water is high, boats force water above existing protection . Decreased property damage . Increased public safety . Decreased Erosion . Dock panels not lost during high water Cons: . Does not fully address high water problems . May not be able to ski on a nice day . Administrative duties . Don't want to turn into the "lake enforcers" . Rare event (-5 times in 30 years) Roadblocks: . Enforcement . Disagreement on elevation of high water "line". Additional data requested by Task force members includes the following information: . Elevations of manholeslinlets around lake to give task force members a benchmark on water elevations. Task force was generally not opposed to pursuing an ordinance, however were not necessarily in favor until they were able to determine the elevations on the land. The task force requested that Sgt. Jim Olson speak with group to address what can be expected with the adoption of an ordinance. Meeting was adjourned at 7 :40 p.m. Future Meeting Dates Meeting #2: Wednesday April 5th, 6:30-8:00 p.m. Meeting #3: Wednesday April 26th, 6:30-8:00 p.m. Public HearinglCC consideration: Monday May 8th (tentative) . ALNno:21 Wl^ttY=- ;! - --miii05"" MId,NN,N -;11:;-- - - L r"""~ .. . ":.--:-=;''''T" .. \~~~~', . -". . . . " '!;.. "t. ~ ~"~+." : \ . (, j~~~il t -i'>f.u& ' '.' '.~' -,:it.t., . i' ...~ :'.0 -,-, " - ." . ~~f'" . ~ - .i ;.:..~ ~. . ....Jf;. ~.~~ ~ .'~ ;: :'.l .-: .' ~ Ut~ ~:' ...~...'" "s~~,i1'- .. t .. \~\ ~.::>\~ \ r / \ I ~.. I \, I ) J \ ./ .' \ ~ . . ' , / I I I ~ ( I " '", 11\ \~ '- " ~ -1) -- , ~ -, I / \.- I I I . t+ r- ~ .- I +- - ---------- . - .. 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Nfll9 i~ I'lf>!1 ,.'-~, fi'~ I . / . ,. ." .,", .- " . iCiU< ,r:r- e' . :n- t :0-' :r'd': ii-in' - :a', "n';ce' J . . " . . .','" r l ! 1 . ,. ~ \ . ..... - . . . ,~ " ." 'Current Chailhassen City 'Code Sec. :6-48. Op.eration near -shoreline. 'Operation:of motorized watercraft within 100 feet .of any shoreline shalfbe limited' to -emerging straight'outJrom and straight towards .the ~horeline> or slow-no wake operation. Operation of personal watercraft within 15Q. feet of any shoreline shall be "limited to emerging straight out from and straighttowards 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 departtilent of na~ral resoutces.-The location and '.'boundariesof each slow--no wake area established are shown'on 'that certain map .entitleClWater Surface Use Zoning Map of Chan1uissen 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 bave 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 oithe state department of natural resourCes and posted at all public accesses. (Ord. No. 73, -~ 5.06, 7-1l-83;.Ord. No. 356,:~ 7,12..:8-03) ., // , . .CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 356 AN ORDINANCE AMENDiNG CHAPTER 6 CHANHASSEN CITY CODE, BOATS AND WATERWAYS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Chapter: 6, Article I, Section 6-1 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 2. Section 6- 22 (c) of the City Code, City of Chanhassen, Minnesota, is hereby .amended to read as follows: All docks must conform to dock ~etback requirements. Section 3. The City Code, City of Ch~hassen, Minnesota, is hereby. amended by adding a section to be nll:mbered 6-26 (g), which shall read as follows: ," Access across wetlands shall be subject to the standards set forth in sectiOI.l20-405. Docks shall be elevated a minimum of six (6) to eight (8) inches above. the ordinary high water elevation. . Section 4. Section 6-27 (b) ofthe City Code, City of Chanhassen, Minnesota, is hereby .amended to read as follows: No watercraft shall be moored or docked overnight on the water of any lake unless it is currently registered pursuant to Minnesota chapter 86B either in the name of the owner , ,of the lakeshore site in from of which the watercraft is moored or. docked; or in the name of a blopd relative of the owner. . Section 5. Section 6-46 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read' as follows: . The provisi<)fls of Minnesota Statutes chapter86B and the rules and regulations of the . state department of-natural resomces promulgated thereunder arebeteby incorporated herein and made a. part of this. chapter. Section 6. Section 6-48 of the d.iy Code, City of Chanhassen, Minnesota, is hereby.. amended to read as follows: 'Operation of motorized watercraft within one hundred (100) Jeet of any shoreline shall be limited ~o emerging straight out from .and straight towards the' shoreline, or slow- . '. no wake operation.. Oper.ation of personal wa.tercraft within one' hundred fifty (l50) Jeet . 1 t:t. / of any shoreline shall be limited to emeigingstraight 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 person shall operate a watercraft in any marked slow--no wake areas in excess of slow:--no wake speed. Slow--no wake areas shall be marked in accordance with the . applicable regulations of the state department of natural resources. The location and . .boundaries of each slow--no wake area established are shown on that certain map entitled Water Surface Use Zoning Map of Chanhassen dated July 11, 1983, on.file in the city .;hall. The map and all notations, references and data thereon are hereby incorporated by o r~ference 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 o and shall be marked in accordante 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 ofChanhassen, 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 person being towed is. wearing a United States Coast Guard approved o type I, IT, III or V personal floatation device. / . . . . Section 10. Chapter.6, Article III, Section 6-56 of the'City Code, City ofChanhassen, Minilesota, is hereby repealed. Section 11. This ordinance shall be effective immediately upon its passage and 0 ~publication. .J ..' . P ASSEt> AND ADOP1'ED this 8th day of December, 2003, by the City Council of the City, of C,hanhassen; .Minnesota '-.~~ Todd Gerhardt, City Manager . {Summary Ordinance Published in the Chanhassen Villager.on DeceIl?-ber 25, 2003.} 2 11 CITY OF CBANHASSEN . ' CARVER AND HENNEPIN COUNTIES, MINNESOTA ". '."; . SUMMARY OF OlIDINANCE 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 ~ompliance with and , conformance to state statutes, clarify .that the Carver County Sheriff's water patrol officers issue '.obstacle.pennits, reference wetland requirements, 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 PUBUCATION 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.) #II" 11, " 'f. . ;..:. :1:-l>> ; "\ , ; ""f 6-20-81. . , 7-9":"81 2-17-82 2-8;..,83 . 7-20-8"3 CITY OF CHANHASSE'N GARVER ANDHENfJEPIN COUNTIES, MINNESOTA WATER. SURFACE USAGE ORDINANCE ORDINANCE~O.. 73 . '. ANORDINANC~ RELATING'l.'O THE. USE OF SURFACE WATERS''" AND. ADJOINING' SI10RELINEIN THE C.ITY. OF CHANHASSEN WITIlIN . ITS LEGAL :BOUNDARIES. . ,THE CITY COUNCIL ORDAINS: Section 1. S.tat.ementof .Policy ~ The.uncontrolledus,e' of shorelancl-s adversely affect-sthe public.health, safety and general welfare by contributing to pOlluti"on 'of. publiC w:aters Lnd' inpairing the local tax bas~. : '.In accorda'nce. with ,the autJ:1ority granted in ,the Laws o:f Minnesota 1973, Chapter 379,and"j,naccor- daIi.ce with the policies declared in Minnesota Statutes.,' Chapters 10"5, .115, 116 and 462, this ordinance is enacted to provide minimum standards for the. use and deve.lopment of the shoreland of public waters located in the City of Chanhassen in order to preserve natural environment values of shore lands. and to provide for the wise utili'zation of land resource's' 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 orunneces:sary .' installations of docks, boat mooring areas and other fixed or floating structures in public waters~ .secti'on. 2. De:i:ini tions . For the purpoSe of this ordinance, 'the terms defined in this' section shall have the following meanings: 2.01. "Commissioner" means the Commissioner of Natural Resources of Minnesota acting directly or through his authorized 'agents. 2. . 02 . Chanhassen. "Council" means the City Council of the City of 2.03. "Crbss Bar" means that port"ioD. of any "L," shaped. or "T"s.haped seasonal dock or permanent' dock which is approximately parallel in alignment to the'abutting shoreline or abutting ordi- nary.high water mark. 2.04.. "DivingT.ower" means a. floating. ora non"'floating structure designed for diving purposes and which projects over the surface or ~urrounding waters by more than five (5) feet. . 2.05_ "Dock" means any wharf, pier or other structure constructed' or.maintained,.whether 'floati.ng or not, including all' ."LIS", "T's" or. posts which may be a part thereof, whether '.affixeQ or adjacent to the principal structure. '. ....:.Q..() .' .: -. . '. :.. . ". . . .. ~ ': " ." - . :.... .. .~... 2.06. . "Dock'Set-Back Zone" means that portionof,any lake lying .wi thin one hundred (100)' feet' of the ordinary high water 'm,ark and 'which is bounded byUl.) 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 ,'<;I.S measured at right angles tosaj.d extended' side lot lines. .. .. 2.07. ."Homeowner Associationi' means any private cor- poration, private club, l.lnincorporated as~ociation or non-profit .organization, which owns,' leases 6roperates a recreational beach lot, a,sthatterm is defined in ..the ChanhassenZoning Ordinance,' for the purpose of provid.ing access to any lakef.6r its members, shareholders; owners. and~beneficiaries. 2.08. "rake" means any body of water lying wholly wi thi.r~ the corporate. limits of the City ofChanhassen and all. parts, bays and ch~nnels' thereof. 2.09 . "Lakeshore Site II means any 'lot, parcel or other tract of land legally subdi.viqed and recorded in. the office of the County Recorder or. Reg:i.st:l:'ar of Titles' 'and which abuts any . lake. 2.10. "Licenseu means the authentic state document used to designate the numbers. assigned a watercraft ahd to renew the same. 2.11. "Mooring" means any buoy, post, bo~t lift,. struc- ture or device at which a watercraft may be moored which is surrounded by public waters. 2.12 . "Motorboat" means any watercraft pro.pelled in any respect by machinery, including watercraft temporarily equipped with detachable motors. 2.13. Reserved. 2.14. . "Operate" means.to navigate .or otherwise use a watercraft. 2.15. 'Reserved. ~. . 2,.16. . "Ordinary. High Water . Mark " means a.mark. delineating tl;1e highest. water level which.. ha..s been maintained for a suf- . ficl.ent period 'of time to leave evidence upon. thelandscape~ the' ordinary high water mark, is 'c'ommonly that point where natural. .' .vegetation change~ from predominantly aquatic to predominantly terrestial.' .' . . '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 . ...,2- . .... -:;~I '. , ' ... . '. watercrart; the. term includes a personentitledtoth~ use or posse'sion. of 'such craft , subj~ct to' an interest in another per- .~ .pon, . reserved or created by agreement arid securing' payment or pe'rforniance of a,ny obligation. "OWner" in the ca'se of a 'lakeshoresite means any natural' person .who l.s either (a)'the '. record.ownerofa fee simple intere'st,. or (b) the record owner of '- a contract for deed' vendee's interest,. or. (c) the hold'er ofa possessory leasehold interest, in the wholeot'anylakeshore site, including authorized guests,. 'and. immediate family members of. such person. . 2.19. "Permanent Dock" meaps any dock' other than a seasonal dock as defined in this ordinance. .~. "Person" means any individual, individuals, part..:... nership, association, corporation or other entIty. ',2.21-. "Seasonal Dock" means any dock designed and construc.ted so that it. may be removed from a la,ke' on a seasonal. . basis ; all cOlliponents such as' supports, legs ,decking and' footing' mllst be capable of removal by non-mechanized agents. . .2..22.. "Sheriff" means the Sheriff of carver. County, acting directly'or through his authorized ag.en.ts ~ 2~23.' "Slow-No Wake" means operation of a watercraft at thesl6west possible speed ne.ces'sary 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. . . ~. "Swimming Area" means'an area immediately adjacent to the sho.reline which is marked in accordance with the appli:" ca~le regulations of. the Minnesota Department of Natural 'Resources and which is utilized solely for recreational swimming ~ 2.26. "UIlderway or in Use" means any w~te'rctaft in opera- tion :Qr 'use when not securely fastened to a. dock or c:>.ther per- manent mooriIlg or at an.chor. 2 ~27 ~ 'lWatercraft>'m~ans any' c~ntrivance used or 'designed 'fol;:' navigation on water other than' (a) a. duck boat; during the duck hlintin.g~s~ason, (b) a rice boat during the harvest season; or. (cJ aseaplane~ . .... . 2.2a~"Water Obstacle;' means. any ski jump, slalom. courSe, divIng tOWer or other structure 'upon the 'water.ofany lakei' pro- vided, however, that this. term does not include any dock or swimming. raft or water~raft. -3- .~ ~ ~- .." "'"....... ~ "\~. ."' .' . , section; 3. S.tructureRegulatiens. ",... ... ~. No dock ,mooring or other structure Shall be so :J,.bcated as to: CaY. obstruct the navigation' of any lake, (b) obstruct reasonable use or acceSs to any other dock,' mooring or . . other structure authorized under this ordinance, (c) present a potential safety hazarci,or Cd) be detrimental to significant f.ish and wildlife habitat or protected vegetation.. 3.~02 . No :dock' sha1iexc~ed six (6) feet iIi width and. no dock shall exceed the greater of the following lengths: (a) fi'fty (50) feet, or (b) the minimum straight-line distance '. necessary to re.ach a 'water dep.th' of, four (4) feet. Th.e width . . (but not the length) of the crosS..,..bar of any liT" or "L" shaped dock shall be included in the computation of length describe.d in. . .the'preceding sentence. The cross-bar of any such dock shall nnt '. measure in excess of twenty-five (25) feet in length. No dock. . shall encroach upon any dock set-:back zone, provided., however, that the. owners. ofap.y two' abutting lakeshore sites may erect cne . . 'cortltno'ri dock within the d'ock se.t-backzone appurtenant to. said abutting.lakeshore sites,' if said. common dock is the only dock on said' two lakeshore. si tes. and' i:l; said dock otherwise conforms wi th the 'provisions. c'f this ordinanc:;:e. . No more than one dock shall be permi t.ted . on any lakes~ore si.te. 3.03. No person shall store fuel upon any dock. 3.04. Except forprivately--owned commercial resorts or commercial boat landings establ.ished prior to the adoption of . this ordiliance, no person:. shal:l moor overnight, dock overnight , or. store oV.ernight more than five. (5) wat.ercraft op:any lakeshore site or 'upon the. waters of. any lake. Docking' of watercraft at . any lakeshore siteer storage ofwater<;::raft upon any lakeshore site ispermissible.however at any' time other than overnight. 3..05. No. watercraft shall be moored ,docked or stoted overnight on any lakeshore si teer on the waters of any lake . unless said. watercraft 1.s either: . (a) currently registered, pur- suant to Chapter .361 of Minnesota Statutes, in the name' of the . o'Wner of.alakeshore site.on I;;aid lake. or in the name of a member of. said owner' s,household; provided: hotllever, that authorized guests. of the owner shall be permi ttedto moor, dock,. o:rstore notmo.re than one 'wC!.tercraft overnigh,t, or (b) cu:r:rently registered" as a 'guest boat at any privat~ly-owned commercial resort orcoinmercial boat landing. located on said lake. . ',' . .3.06. All swiinming' raf:ts. shall meet the following m1n1mum standards: .( a) . size .shc:lll no.t exceed one . hundred fo.tty~four (144) square feet;,: (b) swimmfngrafts shall. project ove'rthe water surface not less than c>oe' (L>foot and not mOre than five (5) feet,. measured vertically, above the surface 'ofthelake; . (c) . swimnting rafts shall nct be..10cate(i in areas wi th a depth' of less than seven (7) feet; (d) swimining rafts shall be reflecto~i.zed as provided in Section3~09 of, this. ordinance; distance from the . ordinary high. water mark shali not exceed one hundred (1.00) feet. -4~ .~ ;. " ,. 3..01 . Dp<;:ks t moor ings and other s:tructures may beu~ con'"$triiCted of such- mate,ria.;ls.and in such a manner as the owner" 'qeterminesF 'prQvided that th:ey shall be' so built and maintained .that they do not cansti tute a hazard' to the public us,ing' the , waters of the lake and they shall bE7 maintained in a workmanlike . manner. 3.0:6., No oscillating; rotating, . flashing or moV'ing sign or light may. be used on any dock. 3.0,9. 'Swimmirtg rafts, ski j'Umps, diving towers and other, :'structures'surrounded by. the water'sof.any. iake,wbetherfloating 'or on posts., shail be lighted with a light visible in. all. direc'-. . tions, 'or .haveattached thereb:> s:ufficient reflec.torized material so' as to reflect light in all directl.ons,. said. material snaIl b.e capable of re.taining 80 percent of its dry weather reflective signal" strength' when' wet. . .. . '. 3'.10. d6ck~ No advertising s.igns shall be displayed from any :3 . II. Installatioh of fuelingfacili ties on docks., . moorings and other structures shall be prohibIted. Any such fueling facilities which. were in active use prior to the effec~ tiye date of this. ordinance shall be deemed ,to be non-conforming Uses. No such non""conf6rming fueling> facility shcill.beertlarged or altered or increased or occupy a greater' area than' that occupied on the effective date of this ordinance. Any non- con,forming fuelingfaci Ii ty which is partially or .totally destroyed by any caus.e ,.may be +,estored to its.forme.<r: use arld physica'l dimension if sa.td. res.t6ration is.. completed wi thin 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 extend f. enlarge. or intensify such fueling' facili ty. . 3.12. All seasonal docks., moorings and other structures , .. Shall be removed from the lake be.fore Nov.ember 1 of each year. 3.13.. Section 3. 01 through 3..1:2 of this ordinance shall . not. app:ly . to.any lakeshorepr.opertyowned ot1easedbY the City ofChanhassen. . . Section' 4.; PUblic A.ccess DeveloDment . , . .". ~'. . . ~ The development of H all public' boa t acc~ssesin thee! tyof. Chanhassen . shall be' consistent..wH:h theg1;lidelines. for acceSS features' adopte.d ,by the Minnesota.': 'Departmeht of 'Natural Resources... . . , Sectiop5.. . . . , , watercraft,operatln'1 :Regulations. 5.01. State Law Incorporated. . The' provisions of Minnesota Statutes., Ch~pter .'361, and the ruies and regulati.ons' of , the Minnesota Depa'rbnent of Natural Resources promulgated thereunder are hereby incorporated he.l'ein and made apart ofH this . ordinanc:e. -5-' . '2. c-f ~. : 5.02. Towing of Airborne Vehicles Prohibited. No person '$hall tow'any airborne vehicle with a watercraf.t. /. '5.03. Operation iJJ. Swimming Areas :Prohibited. No person. shall operate a watercraft within. ah area which has been marked 'off' .or set aside as a SWimming area as. defined. in Section 2 c.f. this ordinance. 5.04.. . .Opera,tionin Scuba Diving Area. No per/?on shall.. .. op~rate a: watercraft within one hundred fif:ty. (1,50): feet ota' 'scuba diver's warning. fl'ag.. S. 05 . . Operation Near. Shoreline. Opera tion of ~otor i ~ed ." . watercraft within. one hundred. (10,0) feet of an'y. shoreline' shall. .be limited to (i,l.) emerging straight out from and straight towa~ds the shoreline, or (b) slow-ne;:> wake operation. . . 5.'06.. . Slow-Nb Wake' Areas.. No person' shall operate .a . watercraft in .any ma:r:ked slow-no wake areas in e}{cess of slow~no" wakespeed. Slow-no wake areas shall be markedi;n accordance with . tne applicable regulations of the Minnesota Department of Natural . 'Resources.. The location: and boundaries of each slow-no wake aJ;:'ea. established by this ordinance ar~ 'shownonthat certain: map entitled "Wat,er Surface.Use Zoning Map of.Chanhassen'" dateci' July 11,. 1983 , on file iri the office of the City Clerk. Sai~ map and all notations, references anddatathereon'are hereby incorporated by 'reference bito this ordinap.ce an':d shall have the same force and effect as if fully' set forth and described. herein. 5.07. Speed". No person shall operate awat^8~craft at .a speed which exceeds the following limitations.: Lake Maximum Permissible Speed All lakes in marked "Slow - No Wake" areas. SlOW -No Wake . Lake Ann Sunrls.e to sunset Sunset. to sunrise the . . following day Lalte st.. Joe. . . Sunrise to sunset Sunset to.' sunris.ethe following day 15 miles per' hour . . ." 15 miles per hour Lqtus . Lake Sunrise .~o 'sunset Sunse:t tosrinrise the. fOllowing'day 15 miles per hour 15 miles per hour 40. miles per bour 15 miles per hour . :.': .- - - ~ .;'1' .-6..... .'1J( .. ," Lake Maximtim Permiss,ible Speed " Lak'e LUcy I ; Sunrise to sunset 40 miles hour per Sunse.t to sunrise the following day 15 miles per hour ~ake Minnewashta Sunrise. to sunset 40 miXes per hour Sunset to sunrise. the following day 15 iniles per hour. Lake Susan Sunrise to sunset 40 miles per hour Sunset to sunrise the foll'owing day 15 miles per hour . ' . 5.0a.. Limi tat ion of ,Type of 'Waterc:raft Motor. ' ,The opera- .tidn~motorboats,'which are propelledHby an internal combustion engine., are pr-oh'ibited upon Lake Ann; the operation-of. m:otor-. . boats, which are propelled, by elec.tric' 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 i,o other than' a counter-clockwise pattern' of travel is prohibited upon the following lakes: Lotus Lake 5..10. Observer' Re~ruired for Water Ski.ers. No Pl3rson shall operate a watercraft on any lake; towing a person on. waterskis, aquaplane, surfboard, saucer, or similar device, unless there'. is in such watercraft another person in addition to the. operator in a position to' continually observe the person being towed. Tl:1e operator of such watercraft must wa:tch'where, the watercraft is being driven at all' times. The second person on board shall ac;::t as observer of the'person or persons being towed. . . .' , , ' , . 5! 11.. ,'l,'ow "Ropes.. No. person shall be towed. On-watersJds, " " aquaplane.1 $urfboard,saucer, or similar device, 'by a cable or ()ther towing device longer. than 8.5 :fee.t., . , . 5.12. '. PersOnal. Floatation.P'evices.' . No person shall be . towed., or shall operate a watercr(ift towing' a person on any SUCh ,device uniess the person beJngt'owedi.s .wearing a U.S ~ Coast . Guard . approved personal floation.de.vice. . , . Section 6. Permits Requireci"for'WaterObsta:Cles.. ' 6.01. No person shali operate or maintain any water Obstacle, including blitnot limited to, 'any ski jump, slalom cours.e, .diving tower or ot;.herstructu.reupon the waters of any <li:;llt:e','.'llriJ:ess .a permit shall have been, first obtained' for the : .sa~~'~ ". No permi t, hpwev.er, shall be required for any dock Qr -7- :N_ ., ~ 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 telephone number of the applicant, (b) the type ,number and proposed location' of the wa.ter obstacle for which the permi.to is ,sought, (c) the period of time for which the permit is sought,.. {d> astat~inentas' to how' the water obstacle. .will .be refl.ectorized, (e) if an organization is seeking the per- init, a statement as to the'.nature of theor.gimization, (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 a.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 Qf' . $1,000,000 for public liability and endorsed to shaw the City of 'Chanhassenas an additional insured. Upon filing of the applica- tion for such permit, the' applicant shall pay to the City Treasurer an applicationfee.of -twenty five dollars. ($25.00), which shall not' be refund~ble. 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 fil,i:ng with. the City Manager policies evidencing the insurance descr:ibed in Section 6.02 of tbis .ordinance, or a ceJ;"tificate or binder of the insurer . stating that Such insurance is in'forc"e and ineff.ect. Such policies of insurance, such certificates and.sllch 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 revl'ewing an applicat.ion for a permit pursuant .to Section Gof this ordinance~ the CityCoun'cil shall consider ..the following- facto+s: ta)t1i~. size, configuration and manner of .... constructioh'pf:the proposed .water obstacle'(s): (b) the level of . competing watercraft traffic .wh~ch. .can be re<;\sonably expecte~ during.the requested duration of the requested permit: (c) the '.. size andconflgurationanq depth of the body of water for which th.e permi t:is reque.sted.; . Cd) the number of competing water obstacles. which wllibe in place'pursuant to permits already then issued; .and J.e) any other factors reasonahly. related to the '. effect of .the applicant's proposed use :qn .the' mcdnte~ance of .publiehealth and safety upon the City's lakes. . 6.04. If a permit is grcmted, the permit shall specify the dates or the period 01; 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 . . . . . .." ~8";' . : ~:t.. " \ . 'lake. Any violation of the terms and co~di tions 'of any such per- mi t' is .a vio.lation of this ordinance. No permit shall be issued ~,dr 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 seventy two (7'J.) hours. . 6.05. If any water obstacle is located in any lake pur- suant toa permit' ana is ther:eafter found to be a hazard or' obstruction to the safe use or the' lake by others, such permit maybe revoked. Notice of revocation shall be given to the applicant by th~ City orally or in writing. If the 'applicant cannot be found,'it shall be suff.ici.ent notice of revo<;:ation if written' notice" thereof is delivered. to the .addressof the appli- cant as set forth in the application. Upon notice of. revocation , the appiicant shall remove the water oostacle within a seven' (7) . day period which Shall be specified in the notice of revocation,. lfthe applicant does not remove the. water obstacle', it may be 'removed by the City 'at t~e expense of the . owner . ..The failure of . the applicant to remove the water obstacle upon receipt of the 'notice'of. revocation of the permit,and in accordance with such . 'notice is a violation of this ordinance. In the case of an' emergency presenting an immediate hazard' to the public s9fety, as ~etermined by' the. City, Manager, the notice period to. the appli- 'cantshall 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. SWilIlIIJ,ingRegulations. No swimming shall be permitted in any lake. in : waiters more than'one hundr~d (100 ) feet distan.t ;from the lakeshore.line, 'UIiless (.ar within twenty five '(25) feet of a watercraft which has.' clnobserver . and Coast Guar'd approved buoyant devices. on: board to assist the swimmer, if necessary f o.r (b) ..wi thin swimming areas as defined'in :Section 2.25'of this ordinance. Section 8. Non-Conforming Docks. , Per~an,ent docks existing at the: time. of the adoption' of this . ordinance 'and which do .'not . comply with the structure limi tatioris. . '.set forthi:n'Section 3 of this . ordinance shall be deemed 'to be oem-conforming uses. . Seasonal dock$ ut.ilized by privateiy-owned ,.c'omme.rcial resorts or <:::oinmercial boat landings prior to the adop-. . : tiori of this ordinan'ce and whicJ;1 do'not comply with the .structure ... ..li.mitations Set forth in. Section 3: of this 'or.dinance shall also . '._ .. ,be.deemedto 'be non-confo,rming.uses." No such non":"CO!iforming dock .shall be enlarged or alteJ;'ed or. increased, or occupy a 'greater . area-tha,n.tha.toc.qupied by .such . dock on'. the effective dat.e of this or.din~nce or any ame.ndment thereto. A non':'conforming dqcJ{. '.shall not be. moved' to any other part of the lakeshore site upon which' the same is . erec'ted unless it is relocated in such a manner .as to conform to the dock set-back. zone 'requirements of thisordi- 'nance. Any non -:-conforming dock . which is. part.i,.ally . or totally . des~~oyedby any cause maybe restored to its former use and phy- .sical'dimensions, if s'aid restoration is completed within one . year or its partial or total destruction. Maintenance and -9- ' '.~~". . . '. . .' ".' ~ 'neqessarystructural repai:i;s of a non-conforming dock are per.- m;i. t t,ed prov;i.ded that any. such maintenance or 'repairs do not. extend,. enl~lrge or intensify s.uch dock. " Section 9 . Variances. 9.01;. . Hardship. The City Councilinay grant a variance fr(>inthe dock requirements of' the "Structure Regulations in .'Section.3. of.' this. ordfnaIice where 'it is ~hown, that by reason. of t6po9raphy~ soil conditions'or'other physical characteristics. of the lakeshore site, strict coniplianqewithsaid dock requirements . cou.ld caUSe' an' e'xceptional or undue hardship to the enjoyment of the. use 'o.f the'lakeshore site; provided, that a variance may be granted only if .the .varianoe does not adversely affect purpose and intent of this ordinance. 9 .Q2. . Procedure~ Writtenappl-ication' for a variance , tQgetherwi th ,a. nOil-refundable applicati(:m fee of ten dollars .( $10.00) shall be filed with the City Manager, and. shall atae fully all facts relied upon by the, appll.cant..' The application :shall be .supplemented with maps, soil 'st'udie.s arid engineering. data which may aid .in the analysis of the ma.ttEir. The' appliqant shall furnish the City Manager with the name.s andmcdling '. addresses' of the owners of all land within three hundred (30'0) feet of the lakeshore site to whi6hthe variance application applies. The application. may be referred to such outside con- ,sultants, engIneers or attorneys as the' City Manager deems 'neCessary to study the application and.ID.;l.ke.recommeridation to the' City CouncilaI:ld ,the cost of anysuchref,e.rralshall be borne by the applicant,. ", Upon filing of an applicatiori for a variance 'hereunder,. the City Manager sha~lseta time and place for a hearing before the City Counci).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 Tilholly or partially within three hundre4 .( 300 ) feet of the la:keshore .site to which the variance applicat.1.onapplies, utili.zing the mailing list provided by the applicant. and such other records as may' be available to the City'Manager. , . '., .' . .,. . Failtire. togivemailedn6tic~.toindiv:idualpro- 'perty owners or defects in.the notice shall' not ihvalidatethe' proceedings, provided a bOr;\a fide attempt to coinplywith this section. has. been made. . . . .9 .0.3.. . Coun.cil Action. No variance shall be granted by . . the. City CO\;lo:ciluriless i:t shall bave". received the affir~ative '.vote. of at le.ast 'f6ur.-fifthS (4/5). of the full Council. S.ection 10. Titles of Sec.tions. , . Any titles of, the several parts, se:ctions or subsections of this 'ordinance are inserted f.o.r convenience or reference only and' shall be disregarded in cons,truing. or .interpreting any of its provisions. '-10'- ~, '0 . ~ ' '. . : ..". s.ecti'o.n ". J.l . '"\' Violations of, this.' ord"inance'.' .. .' . '. . . Any. person .violating the- provisions'. of thiEr ordinance or per-- ~i. tting the violation of the provisions' of this. ordinan'ce sha.11 :'be" guilty of a misdemeanqr and upon conviction thereof , shall be punished by a fine of.Ilot to exceed five hundred dollats ,,, ..( $500. 00) or imprisonmen-tof not to exceed ninety (90) days, or both~ S:ection ..12. Enfor:cemeh.t.. . . . . The Carver County Sher-i~ffs Department shall be 'authorized and: entitled' to enforce the provisions of this ordinaripe. Section 13. Exemption for' Law Enforcement. :person'nel. Watercraft utilized' by resource management, emergency,and enforcement personnel, when acting in the performance of 'their . assigned duties, shall be .exempt from ttle"'p:tovis.t.ons. of this ordinance. .. . Section 14. TempOral:yEvent Permits. :Temporary exemption from . this otdinance may. be obtained. through a permit issued' by the City C~uncil forspec.ial events~ tr ialsand' races. Such temporary permits shall be iriaddi tion' . to, . rather than in lieu. of, . any perml t required under Sec'tion'. 6 of . th.is . ordinance'. . '. Section 15. Effecti.ve Date _ . This' ordinance shall take.effect. and be in force a.f.ter its' pas.sage and publication acc'ording to law.. Section.16. Severability. If any section, subsection, clause or phrase'of thisordi- _ nance is for any reason.held to.be invalid, sticb decision shall ..not. affect the validity . of the remaining porti,on. of. this ordinance. .. . - .:. I>assedbythe. City . . -. . "., " . '. CO~C~~iiJ;YL I '19 .' AT.TEST: . ia (};s:b City. Clerk/Manager . . .Publi.shed in the Carver Co~ni:.y Herald6n September 7 ., 19 a;.J':':~ A ~li~ ..,^ . .;;JV ""'''' '. , / :Sa~m;!pil,e 'Wat~er }SiU:rfac:e ::U'se 'O'rdlna:nce 'l. , 't r :'" l ,. "SAMPLE WATER SURFACE USE ORDINANCE STATE OF MINNESOTA COUNTY OF (CITY OR TOwN OF ORDINANCE NO. . !lli'O:iu)iNANCEREGULATINGTHE SURFACE USE OF (specify body of water). L . Be it ordained and enacted. by the (County Board of Commissioners, City Councilor Town " !Board). State .of Minnesota, that these amendment.s following, by this act, hereby replace and nullify . those Wee numbered'clauses now existing and apart of (County, City or Town) Ordinance No. _' or .are newly enaCted sections which. upon their enactment, become a part of (County, City or Town) :Qrd.inanceNo. _ . - . Section 1: PURPOSE. INTENT AND APPLICATION: As authorized. by MinnesotaStatutes !86B.201, '86B.205, and 459.20. AND Minnesota Rules 6110.3000 - 6110.3800 as nowin effect and as ihereafter -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 docated entirely within the .boundaries of ( County. City or Town ), to promote its fullest use and enjoyment hy 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 harmonize and integrate the varying . . JU8es of said waters; and to promote the general health, safety and welfare of the citizens of (County. City :or Town), Minnesota. Section 2: DEFINITIONS: Tenns used in this ordinance related to boating are defined in M.S. ~ :86ItOO5. "Section 3: 'SURFACE ZONlNGOF (specify body of water) BY RESTRICTING SPEEDS D~G CERTAIN HOURS (items give.n are samples only to asszst in drafting an ordinance _ alternate .'restrictionsmay also be appropriate): (a) During the hours of 9:OQ a.m. and 6:00 p.rn. on each and every day of the week. watercraft .shall be subject to a 40 MPH .speed limit. (b ).Durlng the hours of 6;00 p.m. and 9:00 a.m. on the following day, on each and every day of. . ithe Week, no watercraft. shall 'be operated in excess of fifteen (15) miles per hour. .;(~) :$iow-no wake speed 24 hours .per day When the lilke level on Lake exceeds !feet as .measured at the gauge located at . Such restrictions shall become effective lipon publication in. a local daily newspaper as a news item or on .a specified date. whichever is later. AU publ~c watercraft accesSes shall be posted prior to and during the tim~ restrictions .are ,in place. In addition, notice of said restrictions shall also be posted at the JCourthouse / City Hall). ., ~~. . . - . . / . .When big.. water levels have subsided arid have remained below an elevation of 'feet , , :.~oove'mean sea level for three (3) co~secutive days. said restrictions shall be promptly removed. , ';Secti~ 4: ENFORCEM::ENr*: The Primary responsiJ>ilitY forenforceme~t ofthis ordinance shaH . - -:.rest with .the * . This, :however, shalt not preclude enforcement by ofller lice;nsed peace , 'bfficers. "'NOTE: U the localunit of.govemment that is doing the ordinance does not have any law enforcement capability. you .must . . ;contact .the sheriff's departmentmioi-to .startinl! anv work on .the ordinance t~ ,make sure they are willing arid able to be the : .:'primary agency to enforce any restrictions.1f you are a city that has apolice department. they need. to be included as a primary .enforcement agency. as well. State agencies. including the DNR. are g~e;rally not available for the primary enforcement of local - "ordinances. Section 5: HXEMPTIONS: All.authorized Resource Management, Emergency and Enforcement , ~ei-sonnel. while acting'in the performance of their assigned'duties are.exemptfroni,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 prdinance, 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: EFFECTIVE DATE: This Ordinance shall'be meffect from and after the date of its .passa~e and publication. - . . Passed by the (County Board of Commissioners. -City Councilor Town Board) on this . day "of - ',20_. '!O I\) o o U1 :E D) - CD ., r- CD ~ C D) - D) Water level (ft) (Xl (Xl (Xl (Xl (Xl (Xl (Xl (Xl (Xl (Xl (Xl (Xl (Xl (Xl (X) (Xl a (Xl ....>. (Xl ~ (Xl (,) (Xl ~ a c.n ....>. c" ~ c.n (,) c" ~ c" ! I I t ....>.O~ aIm a~..... ~ (l) (l) .... m r .... (l) "U < .... ~ (l) a. a (l) 0. ~ (Xl ~ ~ ~ Da c" 77. IS ~ ~ D06' ~ ~ D06' ~ ~ D06' '%:>a ~ V6' ~ %> D06' ~a ~ V6' ~ ~ D06' ~a ~ V6' ~ ~ Do6' ~a ~ V6' ~ ~ 0 Do6' 3 ~a '2. '%? v6' CD ~ fi? ~ ~OO6' .... ~ CD "a ~ v6' ~a ~ v6' '%1 ~ D06' ~ 7. ~Oa ~IS 7a ~a... ~ V6' ~') 7 "Oa ~ IS 77. ~O/\ :-;: v6' ~ ~. Da "V'~ IS ~~Oa 7~ . IS ~Oa IS A~H~ ~ Lake Susan Slow- No Wake Task Force Meeting #2 April 5, 2006 6:30-8:00 p.m. 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 Lake Susan to improve the consistency and ease the administrative burden of implementing emergency slow- no wake restrictions. The goal of the Lake Susan 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 strive for a consensus on any proposed ordinance that is developed and recommended to Council. Scope- Scope of discussions will focus on slow-no wake with regard to high water level. Agenda Overview - 6:30pm Discussion . Task force thoughts, where do we go from here? (Draft Ordinance? Do nothing?) Enforcement . Sgt. Jim Olson to answer questions relating to enforcement Options to Consider . What level to "activate" a proposed ordinance . Length of time and/or condition required to release restrictions . How do we get the word out (notification)? Questions? Comments? Next Meeting (Wednesday April 26th 6:30 p.m.): . Review Draft Ordinance . Additional discussion if necessary Timeline April 26th , 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 May, 2006- Forward proposed ordinance to DNR for initial review. May 8th, 2006- Public Hearing! Council Consideration (date may change to later date) Mid April, 2006- DNR submission of ordinance for review and approval: after public hearing and Council approval Mid June to August, 2006 - DNR approval, Ordinance Adopted (up to 120 days after submission for DNR approval or recommendations) lH/1kHMeNr $ cr Lake Susan Slow-No Wake Task Force Meeting #2 Minutes 6:30- 8:00p.m. April 5, 2006 Attendance: Will Armstrong Pete Haakenstad Tom Houston Greg Ohnsorg Kyle Tidstrom Ken Wencl Sgt. Jim Olson Lori Haak Don Asleson Summary: Meeting began at 6:30 pm. Don reiterated the goal and scope of the Slow-No Wake (SNW) task force. Sgt.Olson summarized the operation of the water patrol. He indicated that if additional patrol was desired by residents that they could contract with Carver County for additional patrol. Entire task force did not see a need for increased patrol. Olson stated that for enforcement that the driver of the watercraft must be identified in order to issue a citation. Olson also suggested that closing the public access down was not possible. Will asked Sgt. Olson if a sign could be posted that if the slips were full that boats could not be launched. Olson said that this is not possible. Greg asked Olson if a low maintenance sign or post which would have the high water level identified on it to simplify the implementation of the SNW. Olson stated that signs by Don or Public works must be posted during high water events. Ken said that the sign should be very clear to indicate the water level above the red mark indicated that SNW was in effect. Tom said that it could be similar to the "remove weeds" sign Ken agreed and stated that the instructions would be at the launch. Jim stated that this becomes a probiern knowing when the SNW ordinance is in effect when waves create a "grey area" for interpretation for users. He stated that the enforcement officers need to know when the SNW is in effect. Kyle stated that it would have to be a "monkey proof' system Jim stated that a sign would need to go up on the post when a SNW was being enforced. Kyle asked Sgt. Olson what the penalty was for violating SNW. Olson stated that the violation is a misdemeanor, punishable by up to $1000 fine and up to 90 days in jail. Ken suggested that if the marker posts were placed at three locations around the lake in the water it would be more than enough to get the word out. Jim had some concerns about public safety if posts were put in the water. Don said that the administrative time is more about notice than setting the gauge and mounting the sign during high water events. Pete stated that he feels that it is the people who don't live around the lake that are causing the problem. Notice through the Cable access, Villager and neighborhoods is necessary to notify all users. Sgt. Olson stated that one good thing with Lake Susan is that there are fewer property owners around the lake. Kyle stated that the lake level will not be at a high water level very often. He wanted to know how many days Lotus Lake was zoned SNW. Sgt. Olson stated that it was approximately 15 days last year and that most violators of the SNW were given warnings. "Lots of education last year". Olson also stated that there are a lot of people that just are not aware of the effects of waves. Tom stated that the lake this morning was approximately at 881.5 according to his estimates. Don stated that if it was at 881.5 that the lake was .3' below the ordinary high water level (OHW) of 881.8 Kyle stated that it is tough to determine where you would expect the water level to be. Task force indicated they had questions on if fines could be determined for violation. Don suggested that this was something that Lotus Lake had concerns with as well and that the City Attorney may be able to work out a fine schedule with the County Prosecutor. Don stated he was concerned with a SNW without a waiting period due to the administrative burden that would create. Greg stated that he would rather see a scenario where a post was used to determine if SNW was in effect than see the lake close down for 3 days. Sgt. Olson stated that he had concerns about people reading the post. Jim stated that 1 sign is needed Pete suggested that a mark be drawn on the boat launch to indicate the SNW level onthe concrete launch. Greg asked if others were against the 3 day closing during SNW. Kyle agreed Sgt. Olson asked how guests of users would know if the SNW had been implemented Ken suggested that the three stakes would be placed around the lake so that residents could visualize when SNW was in effect. Lori stated that the 3 days was negotiable. However, staff would recommend no less than 2 days. Ken asked how residents would know about SNW? Don stated that the water quality hotline, Cable Channel 8, email and the sign would be used. (Invited TF to take a look at Will's photos from 1 of the 2 storms last year.) Kyle said that the second storm last year brought a higher level than the first. Ken stated that the second storm was the one that his dock boards floated away. Discussion was then shifted to Levels Don reminded group that the OHW for Susan is 881.8, the 100-yr predicted is 884.0 (in revised SWMP 884.1) and generally the 100 year event could be considered on the lines of last years "extreme event". Also suggested that a sunset date may not be the best idea for an ordinance. Suggested that re-visiting the ordinance to change the elevation may be more appropriate. This will keep Lake Susan protected during times of high water. Ken suggested that an annual meeting be considered to evaluate the elevation. Ken suggested that the SNW be set at 883.0 Kyle stated that the ordinance should be based off of fixed points on the map. Greg wants to see the SNW elevation at less than 883.0. His concerns are that he needed to sandbag the manhole on his property during the last rain event which may have been less than 883.0. Kyle said that he sees the elevation falling somewhere between 882.0 and 883.0 Will stated that there is no way for the task force to pick a good number right now. Tom would like to see a gauge put in the water to gather data for a year prior to a decision. Task Force continued conversation on level and agreed on a no-wake elevation of 882.5. Discussion on duration of SNW Ken proposed that the TF vote on duration: 0,1,2 or 3 days. Kyle suggested that the shortest time to get by with is what he would endorse. Tom stated that it seems that there are 2 different ideas of administrative efforts for the implementation of the SNW. Ken said that he would not like to se a freebie this summer if the water went to a high water elevation. He suggested that the Lake users need to protect the lake this summer. Tom said he was concerned if Lotus Lake went into a SNW what would happen to the traffic on Susan. If Susan did not have a SNW ordinance in place, it could cause problems. Task force agreed that the SNW should be removed 24 hours after the water elevation drops below 882.5 Discussion on Public Notice Don stated that the current avenues for public notice are: Cable Channel 8, Sign, Clean Water Hotline, Web Page. Will said that he was not opposed to telling people. Don said that Sgt. Olson had problems last year with people impersonating an officer on an area lake. If informing user of SNW that is ok. Trying to enforce it is not a good option. Ken asked if the lake could be. deputized Don said that Sgt. Olson has offered Lotus Lake task force the option of volunteering for the water patrol. This would be the only way that anyone on Lake Susan could be a part of enforcement. Kyle stated that he did not think it was worth enforcing Don summarized the notification avenues as: Email, cable channel 8, sign, clean water hotline, web page. Other discussion Ken asked if it would be possible to extend the Slow-No Wake zone from 150' from shore to 200' from shore. Tom stated that it feels like the 150' requirement is not being enforced Kyle said that the 150' is a statewide requirement. He also said that if users were not responding to the 150' rule it is unlikely that they would listen to a 200' rule. Don stated that the City would have to check with the DNR to see if that would be ok. Ken showed that other lakes have more stringent regulations. Lake Independence for example has a 200' restriction. Kyle felt that folks would still not pay attention. . Will reminded the TF that discussion was drifting outside of the scope of the task force. "Lets get the SNW done" Don stated that he would put together a draft ordinance before the next meeting and will email it out. Greg asked to have the elevations of the MH covers between his yard and Shirley's yard. Meeting adjourned 8:00PM Future Meeting Dates Meeting #3: April 26th, 6:30-8:00pm Public Comment/CC consideration: Monday May 22nd AdA!ll/l1ENr ';10 Lake Susan Slow- No Wake Task Force Meeting #3 April 26, 2006 6:30-8:00 p.m. 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 Lake Susan to improve the consistency and ease the administrative burden of implementing emergency slow- no wake restrictions. The goal of the Lake Susan 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 strive for a consensus on any proposed ordinance that is developed and recommended to Council. Scope- Scope of discussions will focus on slow-no wake with regard to high water level. 6:30pm Discussion . Draft Ordinance (how does it look?) . Staff Report - comments? Task Force Reccomendation . 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 22nd, 2006- Public Hearing! Council Consideration Late May, 2006- DNR submission of ordinance for review and approval: after public hearing and Council approval Mid June to August, 2006 - DNR approval, Ordinance Adopted (up to 120 days after submission for DNR approval or recommendations) ,AtlAelJM~AIT /I: II Lake Susan Slow-No Wake Task Force Meeting #3 Minutes 6:30- 8:00p.m. April 26, 2006 Attendance: Will Armstrong Pete Haakenstad Tom Houston Kyle Tidstrom Lori Haak Don Asleson Summary: Meeting began at 6:30 pm. Lori began the meeting with an update on the current study by a UofM graduate student on the migration patterns of carp. Lori indicated to the task force that if they were interested that she would be willing to contact the professor and student to set up a presentation to their neighborhood on the study. Task force members in attendance indicated that they would like a presentation. Discussion shifted to the Lake Susan Outlet. Staff indicated that we would provide task force members the number to contact the engineer designing the 101 project. Slow No Wake Discussion Draft Ordinance Task force members identified errors in the draft version of the ordinance. The Elevation in the draft ordinance read: 892.5 and was corrected by changing the elevation to 882.5. Additionally the language "100-year predicted level" was determined incorrect and will removed. Staff Report Task force members were asked how the draft staff report looked. Task force was advised that the draft would be revised, however staff wanted to give them the opportunity to preview the format and anticipated content of the report. Task force members identified that staff is recommending a different duration than the task force determined elevation. Members in attendance re-iterated the desire to have the delay as short as possible and their desire to still pursue the 24 hour delay rather than the 48 hour delay. Staff indicated that when a revised draft is finished that it would be shared with the task force for review. Development of Taskforce Summary Remaining time in the meeting was dedicated to the task force to develop the Summary Statement to be attached to the staff report as Attachment #2. See Summary Statement for Details. Future Meeting Dates May 22nd: Public Comment/CC consideration Art4~/II'1avr ~ 0- Manhole Locations and Elevations ~cJwvven -J--#- G CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE This ordinance amends City Code Chapter 6 creating an automatic Slow-No Wake for Lake Susan. The ordinance will automatically be enforced when the lake level on Lake Susan exceeds 882.5 Mean Sea Level (MSL). The restriction will remain in place for two (2)days after the water level drops below 882.5 MSL. Notice of the No-Wake condition will be posted 1) At the Public Launch; 2) On the Water Quality Hotline; 3) On the City Web Page; 4) Community Cable Access; 5) In an email to known Lotus Lake representatives; 6) To the Carver County Sheriffs Department; 7) To the public by other appropriate means determined by Council. A printed copy of the ordinance 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 22nd day of May, 2006, by the City Council of the City of Chanhassen, Minnesota. CITY OF CHANHASSEN Todd Gerhardt, City Manager (Published in the Chanhassen Villager , 2006) g:\admin\ord\lake susan slow no wake summary. doc