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Home My WebLink About05/03/2010ORDINANCE COMMITTEE May 3, 2010 4:30 p.m. Council Chambers Roll Ca11: Members: Chairperson Mayor Pro Tem All Council Members Approval of Agenda, as proposed. NEW BUSINESS 1. Amendment to the City Code of Ordinances to allow Non -Motorized Watercrafts with Hull Identification Numbers in Katoski Greenbelt Lakes — Submitted by Leisure Services City Forester Todd Derifield. ADJOURNMENT Suzy Schares City Clerk ORDINANCE COMMITTEE May 3, 2010 4:30 p.m. Council Chambers Members present: Mayor Pro Tem Hart, Cole, Getty, Jones, Schmitt, Welper. Absent: Greenwood. Moved by Schmitt, seconded by Hart that the Agenda, as proposed, be approved. Ayes: Six. Absent: Greenwood. An amendment to the City Code of Ordinances to allow Non -Motorized Watercrafts with Hull Identification Numbers in Katoski Greenbelt Lakes —Submitted by Leisure Services City Forester Todd Derifield was discussed. It was the consensus of the committee to place this ordinance change on next week's council agenda. With no further business before the committee, it was moved by Cole, seconded by Welper that the meeting be adjourned at 4:35 p.m. Ayes: Six. Absent: Greenwood. Motion carried. Suzy Schares City Clerk MARIA ARMSTRONG From: SUZY SCHARES Sent: Monday, May 03, 2010 3:05 PM To: MARIA ARMSTRONG Subject: FW: Objection to boating in Lake/900 blk Martin Rd. Please print and flag for the meeting. Suzy Schares, CMC City Clerk City of Waterloo 715 Mulberry Street Waterloo IA 50703 319-291-4522 #3008 Original Message From: ghart@mchsi.com [mailto:qhart@mchsi.com] Sent: Monday, May 03, 2010 2:23 PM To: SUZY SCHARES Subject: Fwd: Objection to boating in Lake/900 blk Martin Rd. Please place on file for this meeting. Quentin Forwarded Message From: "Larry Coffin" <larrycoffin2@mac.com> To: "quentin hart" <quentin.hart@waterloo-ia.org>, "david jones wardl" <david.jones.wardl @gmail.com>, "carolyn cole" <carolyn.cole@vgm.com>, harcarge@aol.com, rjgrx@aol.com, "Steve Schmitt" <sschmitt@schmitthouse.com> Sent: Monday, May 3, 2010 1:45:34 PM GMT -06:00 US/Canada Central Subject: Objection to boating in Lake/900 blk Martin Rd. Dear Mayor and City Council, We had hoped to be at the meeting this evening but due to an unforeseen visitor it will be in possible for us to attend. We would like to know what size of water craft is going to be allowed on the lake? Is this for fishing purposes or just recreational? Who is going to enforce the new city ordinance? How are they going to enforce the ordinance as these boaters can stay in the middle of the lake if there is no enforcement agency there with a boat. It has happened, especially at night. In 30 years of living at our residence next to the lake, the only enforcement officials Police, DNR Officer, Fire Dept., Animal Control ) to appear is when we call for their assistance in regards to violations. 1 • If any of these agencies are going to be responsible for the enforcement we suggest that the agencies be inform of the City Ordnance code # 4340 and all sub -sections. An Officer of 10 years told me that he was unaware of the City Ordnance codes relating to the Parks regulations. I had to show a Lt. of the Waterloo Police Dept. the Ordnance before they even realized there was one. No one enforces these codes which would bring in needed revenue to the City. The friend of the Councilman at large, Bob Greenwood, was on the lake again 2 weeks ago in in red kayak knowing full well the ordinance had not been past as of yet. He was the same man we called the Police for last year. The friend and another man were kayaking on the lake, not fishing, last year. Hence the reason for this proposed code change is our belief. They had two kayaks with them a red and blue but only used the red kayak. We feel that this boating ordinance will create many problems. People using rafts and inter -tubes to float on and use while swimming, which is against City Policy as there are no life guards. They have tried this in the past at all hours of the day and night. There are people using drugs and drinking in the parking lot and park at all times, often times juveniles. Also, people having sexual activities on the banks during the daylight and night hours. Many people meeting in the parking lots to have their sexual pleasures during the day. The parking lot is a place to throw trash as is the lake. I have spent many hours picking up trash daily. To write this ordinance you need something to back up the law, Law Enforcement with the equipment and knowledge of the City Ordnance for Parks and enough Officers to be able to enforce them when needed which these days we do not have enough. Sincerely, Larry and Barbara Coffin 1006 Martin Rd. Waterloo, IA. 50701 cc: City Council 2 CITY OF WATERLOO Committee Communication Ordinance Committee Meeting: 5/3/10 Prepared: 4/27/10 Dept. Head Signature: # of Attachments: SUBJECT: Non -motorized Watercraft in Katoski Greenbelt Lakes Submitted by: Todd Derifield, City Forester Recommended City Council Action: Waterloo Leisure Services Board recommends the approval of this amendment to the City Code of Ordinances. Summary Statement: Non -motorized Watercraft with Hull Identification Numbers shall be allowed in lakes in the Katoski Greenbelt. Expenditure Required: Minimal funding required for signage Source of Funds: Leisure Services Funding from operating budget Policy Issue: Currently the City's policy does not allow watercraft in the Katoski Greenbelt lakes. This policy would change. Non -motorized watercraft with a Hull Identification Number would be allowed in the lakes within the Katoski Greenbelt as regulated in the proposed ordinance amendment. Alternative: The alternative to this proposal would be to develop and approve an amendment to the Code of ordinances that does not allow any boating in the Katoski Greenbelt. Background Information: A few years ago, the City had an ordinance (Ordinance No. 2746 Sec. 2-195.2(B)) that regulated boating in city parks. During an ordinance update at some point, this regulation seems to have been lost. The previous ordinance read "No boats, rafts, inner tubes, canoes or other floatable objects capable of supporting one or more persons shall be permitted on lakes, ponds or other bodies of standing water in or adjacent to any public park." As you can see boating was prohibited in park lakes. Over the last several years kayaking has become very popular and citizens have requested to kayak in Greenbelt Lake in the Katoski Greenbelt. Leisure Service Staff have always denied this request and referred to the old ordinance. Upon searching for this ordinance in the fall of 2009, it was discovered that it had been dropped from the Code of Ordinances. The Leisure Services Board voted on February 9th to recommend to Council a watercraft regulation that will ultimately allow non -motorized boating on Greenbelt Lake. Leisure Services Staff have been working with Jared Knapp of Jim Walsh's office to develop an ordinance change that allows non -motorized boating in lakes in the Katoski Greenbelt - Greenbelt Lake and Singing Bird Lake. This proposed ordinance is attached. ORDINANCE NO. AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING SECTION 1 OF CHAPTER 8, LEISURE, CULTURAL, AND ARTS SERVICES, OF TITLE 7, PUBLIC WAYS AND PROPERTY. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Section 1 of Chapter 8, Leisure, Cultural and Arts Services, of Title 7, Public Ways and Property, is hereby amended to add a new paragraph F as follows: 7-8-1: USE OF PUBLIC FACILITIES: F. Non -Motorized Watercraft in Katoski Greenbelt: Non -motorized watercraft shall be permitted on all lakes and ponds in the area designated as the Katoski Greenbelt. Except as provided herein, a non -motorized watercraft means any type of boat, canoe, kayak or other craft that (1) is used or capable of being used for transportation on water, (2) which lacks propulsion machinery of any type, whether or not permanently attached, and (3) is of a type that, if currently manufactured, would be required by state law to have a hull identification number (HIN). A non -motorized boat does not include a floatable or inflatable object capable of supporting one or more persons, including but not limited to any beach toy apparatus, unless it has been designed and manufactured for personal angling use. [All other provisions of Section 7-8-1 remain unmodified.] PASSED AND ADOPTED by the City Council this day of , 2010, and approved by the Mayor this day of , 2010. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk