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AGENDA ITEM 6D STAFF ORIGNINATOR: Marty Asleson CITY COUNCIL MEETING DATE: May 10, 2004 TOPIC: Public Hearing. First Reading to Consider Ordinance NO. 16 -04, an Ordinance Regulating the Surface Use of Motorized Watercraft on Peltier Lake, Amending Ordinance 03 -02 by Repealing the Sunset Clause of Section 8. VOTE REQUIRED: 3/5 Vote BACKGROUND: Ordinance 03 -02 was passed by the Lino Lakes City Council on March 25th, 2002. Ordinance 03 -02 is an ordinance regulating the surface use of motorized watercraft on Peltier Lake. The purpose of this ordinance is to control and regulate the use of water on Peltier Lake, in Anoka County Minnesota, said body of water being located within the boundaries of the City of Lino Lakes and the City of Centerville, and to promote Peltier Lakes fullest use and enjoyment by the public in general; to insure safety for persons and property in the use of said waters, to minimize adverse impact on natural resources, to harmonize and integrate the varying uses of said waters, and to promote the general health, safety and welfare of the citizens of Lino Lakes, Minnesota. Both the Cities of Lino Lakes and Centerville passed by ordinance 03 -02 jointly and cooperatively. The City of Lino Lakes and the City of Centerville passed identical ordinances except for a provision in the Lino Lakes ordinance allowing for Sunset of the Ordinance on September 1, of 2004. The purpose of this Sunset Clause was to allow time for professional evaluation of the ordinance, and for the City of Lino Lakes to review changes to the status of biologic concerns that were presented in the reasons for passing Ordinance 03 -02. Since the passage of Ordinance 03 -02, monitoring of the northern portion of Peltier Lake has seen the return of Great Blue herons to successful nesting in 2003 and 2004. There were over 300 pairs of Great Blue herons and at least 12 pairs of Great Egrets returned to the island to nest in 2003, and an estimated 350 pairs of nesting birds in 2004. Observations and nesting bird counts were done with both DNR aerial surveys and ground surveys in 2002 and 2003. Additionally, desirable aquatic vegetation (especially in the northern shallow section of the lake) has returned, and improved water quality has been documented since the establishment of the slow no -wake zone ordinance. Data collected shows with a high degree of confidence in the hypothesis that nesting Great Blue herons on Peltier Island are able to nest if disturbance within the estimated buffer needs of the birds is adhered to. With that, staff recommends that the language of