05-07-2013 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES May 7, 2013 Page 8 of 14 • the current proposed ordinance does meet the basic tenants with the exception of penalties and enforcement clause and; • an environmental lake designation has nothing to do with use City Administrator Zuleger offered one other important point which is while not codified, DNR boater safety distance is guided by the 150 foot personal watercraft rule. The DNR would also be willing to partner with the City on a lake quality study which would include invasive species issue. Specific to the new Ordinance, DNR notes that having different time restrictions on different lakes within a community is not unusual, for boater safety counter-clockwise motion is highly recommended, clear enforcement and penalty clauses need to be adopted, periodic review of local ordinance effects on lakes and lake use is advisable. They also had questions on the City’s enforceability on winter use restrictions. Mr. Zuleger recapped the meeting with the Washington County Sheriff’s Department. Major findings from staff meetings with the Sheriff’s Department include: • there have been no major water safety or lake use violation history on the Tri-Lakes at this time, showing that the previous ordinance has efficacy; • ordinance compliance and enforcement is predicated on clear signage; • buoy placement is strictly enforced by MN Boat and Safety Rules 6110.1800 and that should clearly be stated in the City’s ordinance and; • they support a counter-clockwise provision. Mr. Zuleger also noted that Lake Elmo Lake will have a full-time boating patrol this summer, and the Tri-Lakes will be patrolled by a mobile patrol with enforcement not starting until noon, unless otherwise called. Mr. Zuleger explained that the City has also tracked public opinion since the 4/16 Council Meeting. For the Tri-Lakes area the City has received 23 reactions, 19 of which were against the action that was taken by the Council and 4 were in favor of it. A petition has also been submitted by Jill Lundgren stating that over 85% of folks want to go back to the pre-2011 ordinance. The Catholic Complex are signatories on the petition as well. For Lake Jane specifically there have been 12 reactions to the 4/16 action taken at the Council meeting, 10 against the action and 2 in favor of the action taken. A petition has been submitted by Ms. McDonough stating that 78% of people are in favor of going back to the pre-2011 ordinance. Mr. Zuleger then presented staff conclusions based on this information. The staff conclusions include: • the current ordinance is working as there are no major law enforcement issues at this time; • the City of Lake Elmo, not the DNR, has jurisdiction over local lake use regulations, including the establishment of a no wake lake; • uniform times for lake use make it easier for the public to understand use expectations and for law enforcement; • studies conducted across the nation seem to indicate motorboat wake on shallow lakes have an accelerated effect on shore land erosion due to wave velocity;