03/11/2002 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES MARCH 11, 2002 Community Development Director Grochala noted the Joint Powers Agreement should be acted on prior to the ordinance since two separate jurisdictions are involved. Mayor Bergeson questioned whether the Joint Powers Agreement spelled out the action of the ordinance. Community Development Director Grochala stated the verbiage in Section III.A.2 of the ordinance had been modified so as to generalize the location of the slow no -wake zone. He indicated once the ordinance is approved, including the specific location for the no -wake zone, then the Joint Powers Agreement would be finalized and the legal description of the no -wake zone boundaries included. Councilmember Reinert felt approving the Joint Powers Agreement prior to the ordinance would be out of order. He noted if the City Council did not take action this evening to approve the ordinance, then there would be an approved Joint Powers Agreement with no ordinance. He questioned whether approving the Joint Powers Agreement committed the Council to adopting the ordinance. It was City Attorney Hawkins' opinion that the most important boundary would be drawn. He felt it would be acceptable to Powers Agreement. s where the no -wake zone e ordinance prior to the Joint Councilmember Carlson questioned when the birds w ` ected to return and noted comments had been made that the timing is important. Ms. Gallie ec ''- e great blue herons to begin returning to the rookery in the middle of March. She noted al ds would not return at the exact same time. Councilmember Carlson requested confirmati evening, the second reading would be con then be published and would take effect Grochala stated this is correct. hat if the first reading of the ordinance is passed this two weeks and, if approved, the ordinance would after publication. Community Development Director Mr. Lindner wished to ensure a twoosals put forth by the Peltier Lake Association were also being considered. Mayor Bergeson acknowledged tPeltier Lake Association had suggested the no -wake zone begin either at the existing bog poles, or approximately 100 feet south of the island. Councilmember O'Donnell stated both the aquatic life and the rookery are precious resources and to ignore these resources would be irresponsible. He questioned whether there was any way to accomplish this goal without an ordinance. Community Development Director Grochala stated the only way to protect the resources without an ordinance would be to expect the users of the lake to simply agree to adhere to a no -wake zone. However, this would not address those lake users who are not aware of the situation. He felt buoys should be used to delineate the no -wake zone so that non-resident users of the lake are aware of the zone. Additionally, he indicated an ordinance would allow the City the ability to enforce the no -wake zone and City staff felt this would legally be the best way to address the situation. 21