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2012-07-17 Council WorksessionCITY OF MENDOTA HEIGHTS CITY COUNCIL WORKSHOP AGENDA July 17, 2012 – 6:00 p.m. Mendota Heights City Hall 1. Call to Order 2. Rogers Lake Electric Motors Draft Ordinance DATE: July 17, 2012 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Proposed Ordinance Amendment to Allow Electric Motors on Rogers Lake BACKGROUND At the July 3rd city council meeting, the Rogers Lake Property Owners Association (RLPOA) presented a request to allow electric boat motors on the south portion of Rogers Lake. At this meeting, the city council provided feedback and directed staff to work with the RLPOA to draft a revised ordinance for future council consideration. After the meeting, staff discussed the concerns voiced by the city council with representatives from the RLPOA and asked them to present the city with conditions that were acceptable to the association members. They provided this information back to staff and the city attorney has incorporated many of their suggestions into the attached draft ordinance. This item will be discussed at a workshop preceding the city council meeting, and it will also be an agenda item on the regular agenda in case the city council wishes to proceed with an ordinance amendment. Attached is the staff report from the July 3rd meeting which includes a petition from the RLPOA as well as surveys of other Dakota County cities and their policies regarding motors on their lakes. BUDGET IMPACT N/A RECOMMENDATION If council desires, staff recommends that the Mendota Heights City Council approve the attached ordinance amendment allowing electric motors on Rogers Lake. This action requires a majority vote of the city council. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. ______ AN ORDINANCE AMENDING TITLE 6, CHAPTER 6 OF THE CITY CODE The City Council of the City of Mendota Heights, Minnesota ordains as follows: SECTION 1: City Code Title 6, Chapter 6, Recreational Vehicles, is hereby amended as follows: 6-6-1: Watercraft: D. Prohibited Acts and Conditions 1. Motorboats: No person shall operate or cause to be operated a motorboat upon any body of water within the corporate limits of the city except as provided herein. 2. Operation In An Annoying, Dangerous Manner: No person shall navigate, direct or handle any boat in such manner as to annoy, unnecessarily frighten or endanger the occupants of other boats or watercraft, or persons in or upon any body of water within the corporate limits of the city. 3. Hours: No person shall be or remain in any boat or otherwise upon any body of water within the city after twelve o'clock (12:00) midnight nor before daylight of the following day. 4. Electric Motorboats Allowed on Rogers Lake: Electric motorboats shall be permitted on that part of Rogers Lake that is south of Wagon Wheel Trail subject to the following conditions: a. Boats shall be restricted to a maximum length of 18’; b. Motors shall not exceed the maximum equivalent of 10HP; c. No motors shall be used outside of the posted Rogers Park hours; and d. Any boat using an electric motor shall be required to have oars on board. SECTION 2: This Ordinance shall be in full force and effect from and after its publication according to law. Adopted this ____ day of July, 2012. CITY COUNCIL CITY OF MENDOTA HEIGHTS By_______________________ Sandra Krebsbach, Mayor ATTEST: ___________________________ Lorri Smith, City Clerk 7073026v1 DATE: July 3, 2012 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Request to Allow Electric Motors on Rogers Lake BACKGROUND The City has received a request from the Rogers Lake Property Owners Association (RLPOA) to allow electric motors on the south portion of Rogers Lake. Attached to this report is their request, along with research provided by them about other policies on other Dakota County lakes, and a petition showing support for their request. At the end of this report is an analysis of lake ordinances found by staff. The current ordinance language reads as follows: 6-6-1: Watercraft: D. Prohibited Acts and Conditions 1. Motorboats: No person shall operate or cause to be operated a motorboat upon any body of water within the corporate limits of the city. In consultation with the city attorney, the RLPOA request would best be worded as follows to be consistent with the rest of our city code: 6-6-1: Watercraft: D. Prohibited Acts and Conditions 1. Motorboats: No person shall operate or cause to be operated a motorboat upon any body of water within the corporate limits of the city except as provided herein. 2. Electric Motorboats shall be permitted on that part of Rogers Lake that is south of Wagon Wheel Trail. If the city council wishes to accept the RLPOA’s request, staff would recommend that the following factors also be considered: 1. What factors (size, location, etc.) will be used to determine where electric motorboats will be allowed? 2. Will there be a maximum power of motor allowed? 3. Will there be restrictions as to time of day (i.e. not after sunset)? Current code prohibits boats between midnight and “daylight”). 4. Will this impact future request for weed control on Rogers Lake? 5. Are there other restrictions we should include? BUDGET IMPACT N/A RECOMMENDATION If the City Council agrees, staff recommends that the city council direct staff to develop a formal ordinance amendment, with any clarifying conditions, to a future city council meeting for approval. Staff Survey of Dakota County Ordinances Relating to Motorized Boats City Allows Motors Allows Electric Motors No Motors Apple Valley Yes Yes No Burnsville Yes (5 hp or less) Yes No Eagan No Yes No Inver Grove Heights No No Yes Rosemount No No Yes South St. Paul (no lakes) West St. Paul No No Yes Lakeville Yes Yes No Mendota Heights No No Yes Hastings (Lake Rebecca) No Yes No Hastings (Lake Isabel) Yes Yes No June 11, 2012 John R. Mazzitello, PE, PMP Public Works Director/City Engineer City of Mendota Heights, Minnesota 1101 Victoria Curve Mendota Heights, MN 55118 RE: Letter of Request Dear John, On behalf of the Rogers Lake Property Owners Association, please let this letter serve as our official request to the City that ordinance 6-6-1: Watercraft: D. Prohibited Acts and Conditions be amended as follows (added language in red): "1. Motorboats: No person shall operate or cause to be operated a motorboat upon any body of water within the corporate limits of the city, except on the South side of Rogers Lake (all areas of Rogers Lake that are South of Wagon Wheel Trail), in which case boats powered by electric motors are permissible.” Currently a majority of property owners are in favor of this change and believe that this will promote the use of Rogers Lake as a true DNR designated “Recreational Lake.” Attached is a petition of support. Also attached, for reference purposes, is a survey detailing the current status for motorboats in other Dakota County lakes of similar size. On behalf of the Rogers Lake Property Owners Association, I will attend the Mendota Heights City Council meeting on Tuesday, June 19, to address any concerns, questions, or comments the mayor, council or staff may have at that time. Thanks for your assistance throughout this process and I look forward to continue working with you and the City to keep Rogers Lake healthy. Sincerely, Tim W. Carlson President