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1. Interim Use Permit for CC for Minnewashta Park I . /a, CITY OF PC DATE: 7/18/90 1 � CC DATE: 8/13/90 1 • CUAHAE _ \�! CASE #. 9I `� . By: Al-Jaff/v 1 i STAFF REPORT • I PROPOSAL: Interim Use Permit for Play Area Grading Project at Lake Minnewashta Regional Park IF— Z LOCATION: West of Hwy. 41, east of Lake Minnewashta, north of Q Tanadoona Drive and south of Herman Field Park - Lake 1 U Minnewashta Regional Park ..J I le APPLICANT: Carver County Park 10775 Co. Rd. 3 Young America, MN 55397 i < • • Ii I PRESENT ZONING: RR, Rural Residential District F,: '.8-/e/1 a ACREAGE: Approximately 350 acres DENSITY: I "�' 4 P /3i4 ADJACENT ZONING AND LAND USE: N - RSF; single family I g S - RR; single family 0 E - Hwy. 41 and RR; • W - Lake Minnewashta W WATER AND SEWER: Not available to the site. I im. PHYSICAL CHARACTER. : The site is riparian to Lake Minnewashta and heavily wooded. I2000 LAND USE PLAN: Park 1 • N 0 ;---..1-8— i 8 ° N , 0 - 20 8 C 'M n gi O „ N N n ' N cu MO — N 1MSN•R RC _-.■—, ,017 ..4.1,:iiiiva \ ............, _10-#011..,A. ,;„...=, 2, iirirffpi, *ot . =IR: alai itp-----4- ET 1 it1-0■4------,-,----,, blip AS-0,0 epri:volr IIII **41111or ''. Wtif ------ - -- ---- -\' -Th *44% ate CA1-4 , L r,v4roirF 1 ! a4o It EL I. . liwles _,...t.,0_ 47qt/taw salliko 41k,Allsie , i.t., irg,,, i 4.4-:10-4 7 lij , • \ 0. �� / Ill. / 111111 ,- / 01 bt 1 O-■ A. r . re Y If I -- , / t / I / / i. i/ \\\' l Z r I I A \ 'r ////// / L. p / /4 \\..) , - '7/17v1 R i \ • // / / if ,,,,:_35 ,cr.....,A I '‘, ip / / - a r i - �1 M4 011 SON • 1 Pin /* � ` PUD- . Q 1 RR 0 la . '''414 - tiO r„ rq M4 M4 4 ORIV E • s . 1 .' gf ft) Lake Minnewashta Regional Park Interim Use Permit July 18, 1990 Page 2 BACKGROUND ' On December 6, 1977, the City of Chanhassen approved a conditional use permit for Lake Minnewashta Regional Park (Attachment #1) . Section 401 of the Conditional Use Permit Agreement between the City of Chanhassen and Carver County states that detailed development plans within the proposed park shall be submitted to the City for review and comment prior to approval by the County. The proposed grading is in conjunction with the approved Lake Minnewashta Regional Park development Master Plan and existing City of Chanhassen's conditional use permit. Therefore, no amendment to the conditional use permit is required. This project will provide active play areas including a new area for field games and parking lots for field games, a future tot lot and 25 car/trailer spaces to launch watercraft without horsepower restrictions as approved in the conditional use permit park master plan. On May 14, 1990, the City Council adopted an ordinance regarding interim use permits (Attachment #2) . The purpose of the ordinance is to require any excavation or grading of 1,000 cubic yards of material or more to obtain an interim use permit. An interim use permit requires the applicant to finish all grading and excavation in a 12 month period or else an interim use permit must be renewed on an annual basis. The proposed grading will result in excavating and embanking 50,000 cubic yards of material. All excavated material is proposed to remain on site. Approximately 6.40 cubic yards of aggregate surfacing will be placed for construction of road access and parking facilities. The grading plans illustrate that the majority of the slopes to be created are greater than 3:1. The grading area has limited numbers of mature trees as it used to be an agricultural production area. Erosion control measures are proposed on the plans in the form of silt fences and straw bales, depending on the degree of the slopes. There exists wetlands to the south and west of the proposed area to be graded. Silt fences are proposed to be installed around the entire area to be graded to protect the wetlands from any erosion that might enter the wetlands. All grading will be 7 feet above the ordinary high water mark. The DNR had no objection to the proposed grading. The Minnehaha Watershed District is requesting some minor changes to the proposed plans. These changes will include the addition of 3 sedimentation basins. These sedimentation basins will be located as follows: ' 1. To the southeast corner of the intersection of Park Road and parking area 3; 1 ' Lake Minnewashta Regional Park Interim Use Permit ' July 18, 1990 Page 3 2. To the northwest of play area 2A; and 3. To the northeast of play area 2A. ' As mentioned before, the applicant has taken all measures to stay within the guidelines of the approved master plan of the conditional use permit for the Minnewashta Regional Park. The ' applicant has also met all of the requirements for the interim use permit and has stayed within the guidelines of the newly adopted ordinance. ' PLANNING COMMISSION ACTION On July 18, 1990, the Planning Commission reviewed the interim use ' permit for Minnewashta Regional Park and unanimously approved the proposed grading which is in conjunction with the approved Lake Minnewashta Regional Park Development Master Plan and existing conditional use permit for the Minnewashta Regional Park which was ' approved on December 6, 1977. This project will be completed in two phases due to shortage of funds. This phase of the project will provide active play areas, including a new area for field games and parking lots, a future tot lot and 25 car/trailer spaces '. to launch watercraft without horsepower restrictions as approved in the conditional use permit Park Master Plan. The project is being ' carried out by Carver County. It is benefitting the City of Chanhassen, as it is enhancing a park area in the City. Carver County is running short on funds to complete this project and have asked that the City waive the application fee. Staff feels that this project benefits the community and that Carver County is a governmental agency, therefore, staff supports the waiver of the fee. ' Staff continues to recommend approval of Interim Use Permit #90-1 for Minnewashta Regional Park for a play area grading project. ' RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The City Council recommends approval of Interim Use Permit #90-1 as shown on the plans for a grading project for a play area for ' Minnewashta Regional Park and subject to the following conditions: 1. Approval of Phase I grading permit based on the applicant ' obtaining and complying with the Watershed District permit. 2. The fee for the Interim Use Permit application be waived." . i i Lake Minnewashta Regional Park Interim Use Permit July 18, 1990 Page 4 ATTACHMENTS 1 1. Copy of the conditional use permit. 2. Copy of interim use permit ordinance. 3. Memo from the Asst. City Engineer dated July 10, 1990. 4. Letter and application. 5. Reduce site plan for proposed area to be graded. 6. Planning Commission minutes dated July 18, 1990. 1 1 1 1 1 1 1 1 1 1 1 1 i ' CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES , MINNESOTA ' AMENDED CONDITIONAL USE PERMIT LAKE MINNEWASHTA REGIONAL PARK THIS AGREEMENT, made and entered into by and between the City of Chanhassen , hereinafter referred to as the City , and the Board of Commissioners of Carver County , hereinafter referred to as the County; ' WITNESSETH, that in the exercise of their powers pursuant to law, and in consideration of the mutual convenants herein con- tained, the City and County recite and agree as follows : ' Section 1 . Recitals . 1. 01 . State Law and City Zoning Ordinance . It is acknowledged by the parties hereto that under the provisions of M.S. §398 . 32 , no county parklands or waters may be acquired within the limits of any city without the approval by resolution of the governing body of any such city; and it is further acknowledged that under the provisions of the City zoning ordi- nance, parks and recreational areas owned and operated by govern- mental units may be allowed within residential zoning districts only upon the securing of a conditional use permit from the City. 1. 02. County Park Proposal. The County proposes the acquisition and development of a regional park to be located on the northeast shore of Lake Minnewashta , designating said park as • Lake Minnewashta Regional Park (hereinafter referred to as the "park") , and has made application to the City for approval of ' said acquisition and development and the issuance of a con- ditional use permit. ' 1. 03 . Lake Minnewashta Regional Park Master Plan . Except as hereinafter modified or otherwise provided, the Lake Minnewasbta Regional Park Master Plan - 1982 Updated - as approved by the County Board of Commissioners on April 13, 1982 forms the basis of this conditional use permit for said County Regional Park. Said Master Plan and approving County motion are ' attached hereto as Exhibits "A" and "B" respectively and incor- porated herein by reference . 1.04. General Purpose . The purpose of this agreement is ' to set forth the terms and conditions governing the approval by the City of the parkland acquisition and the grant of the within conditional use permit which are conditions precedent to land ' acquisition by the County for the park. Section 2. Park Areas C and D. 2. C1 . ' Master Plan . Whereas the City , t11•% --•• , and the Metropolitan Council of the Twin Cities have determines that removal of areas C and D from the Master Plan of the Lake I Minnewashta Regional Park, hereinafter referred to as the "Master Plan" , will not adversely affect the purpose or function of the park, and whereas the City and the Metropolitan Council of the I Twin Cities have approved a change to the adopted Land Use Plan from "Parks/Open Space" to "Residential-Low Density" , the parties hereto acknowledge that land area Parcels C and D are removed from the boundaries of the park as defined in Exhibit "A" . Section 3 . Schematic Plan . 3. 01 . Design Capacities . The design capacities as set- forth on page 26 , table 6 of the Master Plan , and the Lake Minnewashta Park Use Calculations of the Subcommittee for Master I Planning of the Lake Minnewashta Regional Park, dated May 28, 1975, shall constitute the maximum development allowable in said proposed park. Section 4. Development Plans . I 4. 01 . Review and Approval. Detailed development plans I within the proposed park shall be submitted to the City for review and comment prior to approval by the County. It is not con- templated that the City shall have approval authority over the I detailed development plans so long as they are consistent in scope and capacities with the Master Plan , except for appropriate development standards which may be applied to development generally within the City. Any development plans not consistent I in scope and capacities with the Master Plan shall require an amended conditional use permit. 4. 02 . Development Schedule . The County does not propose any significant development of the park until funds are available through the grant program of the Metropolitan Council. Between II 1978 and 1982, the development activities at the park are pro- posed to consist essentially of establishing a land stewardship program, development of a primitive lake public access facility, and use of the existing buildings as either a nature center or II museum and park employee residence. 4. 03 . Land Stewardship Program. The land stewardship I program will consist principally of gradually phasing from culti- vated land to turf establishment on Parcel E, establishing a tree nursery, beginning prairie establishment on a portion of Parcel I B, providing necessary access control in terms of gate and fencing , controlling noxious weeds, and to the extent feasible, controlling Dutch elm and oak wilt disesase. Section 5. Advisory Committee. I 5.01 . Advisory Committee. The park is intended to fill ' the regional recreation needs of the Chaska, Chanhassen, and Victoria area in Carver County (as described in Section 4, Local and Regional Recreation Needs Analyses of the Master Plan) . In II order to provide a means of continuing review during the develop- ment and operating phases , Carver County shall establish an Advisory Committee consisting of two representatives from Chanhassen , one from Chaska , one from Victoria, and one from the III -2- II II County Park Commission . The City representation will be ' appointed by the respective City Councils on an annual basis . The Advisory Committee shall review the County 's development plan and make recommendations to the Carver County Park Commission in regard to such plan . The Advisory Committee shall also monitor ' park operations in a general way, and shall make recommendations to the County Park Commission in regard to improvements in operating policies . The Advisory Committee members shall also keep the City Councils of their respective cities informed of their general activities . They shall also serve as the conduit of concerns from their respective City Councils to the County. ' Section 6. Governing Ordinance, Policing , Fire Protection and Access . ' 6. 01 . County Park Ordinance. The Park Ordinance of the County shall regulate the use of the park. The City and the Advisory Committee shall recommend any appropriate amendments to ' the County Park Ordinance or regulatory County Board Resolutions as the same may be applicable to the park. In addition , all County proposed park ordinance amendments or regulatory resolu- tions shall be reviewed by the Advisory Committee for its recom- mendations and comments prior to enactment. 6.02. Policing. Policing of the park shall be the responsibility of the County through its Sheriff 's Department at no cost to the City. Any supplementary police services furnished by any future City police department shall be performed only ' under the terms and conditions of a mutual aid agreement the City and the County. 6. 03 . Fire Protection and Emergency Services . Fire pro- tection and emergency rescue services necessitated by land- oriented incidents shall be provided by the Fire Department of the City. Emergency rescue services necessitated by water- ' oriented incidents shall be provided by County lifeguards or the County Sheriff ' s Water Patrol. 6 . 04 . Lake Access. A watercraft access to Lake Minnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access is to be limited for launch of watercraft of ten (10 ) horsepower or less and have a capacity of 10 car/trailer spaces . An additional access without horsepower restrictions having a capacity for 25 car/trailer ' spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2nd Access" marked Official Copy. ' Section 7. Roads , Water and Sanitary Sewer Services. 7. 01 . Roads. All roads and trails within the park shall be constructed and maintained, including snow plowing , by the County. -3- . . 7.02 . Water and Sanitary Sewer Services . The County shall provide water and sanitary sewer systems through on-site ' facilities approved by the Minnesota State Board of Health and such other state regulatory agencies having regulatory power thereof . When available , said water and sanitary sewer services shall be connected to the City facilities at the expense of the County. All connection charges , Metropolitan Waste Control Comission sewer availability charges (SAC charges ) , and sewer and water usage charges shall be paid by the County to the City at the reasonable and customary then prevailing City rates for com- parable uses . Except for trunk water and sewer assessments payable as provided in §8 . 01 hereof, sewer and water charges will not be based on a price structure which assumes a 211 dwelling unit development, but rather will be based on a comparison of volumes generated by similar residential , commercial or institu- tional uses . 7.03 . Water and Sanitary Sewer Easements . The County shall provide, consistent with applicable Metropolitan Council policies and the grant contract for acquisition of the Lake Minnewashta Regional Park between the County and Metropolitan County, at no cost to the City, such linear water and sewer ease- ments as the City may deem necessary to provide water and sani- tary sewer services to the park and contiguous areas. Said easement alignments shall not be so located as to materially affect the character of the park. Section 8. Assessments , Taxes and Costs . 8.01 . Outstanding Assessments . By resolution adopted • October 20 , 1975 , the City levied a total of 211 trunk water and sewer unit assessments against the properties to be acquired for the park . It is a condition to the grant of the within con- ditional use permit that all of said assessments to be paid in full by the County immediately upon its acquisition of said prop- erties . Included within said payment shall be accrued interest computed pursuant to M.S. §429. 061 . 8.02. Tax Equivalents . In the event the Metropolitan ' Council of the Twin Cities fails or declines to pay to the City tax equivalents under M.S . §473 .341 , it is agreed that said tax equivalents shall be paid by the County to the City upon demand. ' 8.03 . City Costs . The County agrees to reimburse the City promptly upon invoicing therefor, all resonable and custo- mary costs incurred by the City since the enception of the park concept through the conditional use permit . Eligible costs shall consist of publication and notification expenses , attorney fees , engineering fees , costs in connection with the November 2, 1977 public hearing , and any other reasonable outside direct costs to the City. Section 9. General Provisions . 9. 01 . Inde:nnificati=n . The County shall indemnify and hold the City harmless from liability on account of injury or -4- II damages to person or property arising out of the operation of the park facilities . In the event legal action is brought against the City, either solely or jointly with the County , on account of any such injury or damage, the County , on notice to it by the I City, .3i..aii defend the City in any such action at the expense of the County. In the event of judgement against the City in any such action , the County shall pay such judgement and all costs in I connection therewith, and hold the City harmless therefrom. The County does not agree to indemnify, hold harmless , or defend any action or pay any judgement arising from acts of officials, Iemployees or agents of the city while in the park. 9. 02 . Non-Assignment . Neither the within conditional use permit nor the park contemplated hereunder shall be assigned or II conveyed by the County without the prior written consent of the City. I 9. 03 . Standards Applicable . The City Council and its Planning Commission have determined that in the grant of the within conditional use permit , the standards of the Chanhassen IIZoning Ordinance have been met . • 9. 04 . Execution. Each party warrants and affirms that the within agreement was duly authorized by its respective I governing body and executed by its duly authorized officers pur- suant to resolution duly adopted, and each party shall file with the other party a certified copy of the resolution approving the execution of the within agreement . ' Executed this / day of 69?0 / , 1984, by the City of Chanhassen . I .ATTEST: CITY OF CHANHASSEN 42 i a l 4'71'2 /I CAI:If:. IICity Clerk7Manager `.f Mayor II Executed this /�f.day of /. )cea.%" .% , 1984, by the Board of Commissioners of Carver County. II ATTEST: BOARD OF COMMISSIONERS OF CARVER COUNTY II 7 ' .I,L, By e:\,-,-L-A 1 County ,Executive Sedretary I -5- CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 128 ' AN ORDINANCE AMENDING CRAFTER 7 AND CHAPTER 20 OF THE CHANHASSEN CITY CODE PERTAINING TO EXCAVATING, MINING, PILLING, AND GRADING The City Council of the City of Chanhassen ordains as follows: SECTION 1. Chapter 7 of the Chanhassen City Code is hereby amended by adding Article III to read as follows: 7-30: PURPOSES AND INTENT. The purpose of this article is to promote the health, safety and welfare of the community and to establish reasonable uniform limitations, standards, safeguards and controls for excavating, mining, filling, and grading within the City. Excavating, mining, filling, and grading permits for more than fifty (50) cubic yards, but less than one thousand (1,000) cubic yards of material in a twelve (12) month period may be processed administratively. Excavating, mining, filling, and grading of one thousand (1,000) cubic yards of material or more in a twelve (12) month period shall be processed in the same manner as an interim use permit. 7-31: DEFINITIONS. The following words, terms and phrases shall have the following meanings respectively ascribed to them: Earth Work or Work the Earth: Excavating, mining, filling or grading. Excavating or Mining: (a) The removal of the natural surface of the earth, whether sod, dirt, soil, sand, gravel, stone, or other matter, creating a depression. I (b) Any area where the topsoil or overburden has been removed for the purpose of removing earthly deposits or minerals. , (c) Any area that is being used for stockpiling, storage, and processing of sand, gravel, black dirt, clay, and other minerals. x05/15/90 , • F. Plowing and tilling for agricultural purposes. G. Earth work in accordance with a development contract approved under the City's Subdivision Ordinance. If the development contract requires that a letter of credit or other security be posted, the letter of credit or other security must be ' posted before any excavation takes place. 7-34: EXEMPT EARTH WORE. ' Earth work that is exempt from obtaining a permit pursuant to Section 7-33 shall: ' A. Comply with the City's erosion control standards. B. Maintain natural or existing drainage patterns. C. Comply with the City's other ordinance requirements including tree preservation and wetland protection. ' 7-35: APPLICATIONS FOR EARTH WORE PERMITS. A. An application for an Earth Work permit shall be processed in accordance with the same procedures specified in the City Code relating to interim use permits except that earth work of more than fifty (50) cubic yards of material but less than one thousand (1,000) cubic yards of material in a twelve (12) month period may be approved administratively. B. An application for a permit shall contain: • ' 1. The name and address of the operator and owner of the land, together with proof of ownership. If the operator and owner are different, both must sign the application. 2. The correct legal description of the property where the activity is proposed to occur. ' 3. A certified abstract listing the names of all landowners owning property within 500 feet of the boundary of the I/ property described above. 4. Specifications of the following, using appropriate maps, photographs and surveys: ' a. Proposed grading plan. ' b. Proposed stockpile sites. c. The physical relationship of the proposed designated site to the community and existing development. -3- i d. The grade of all slopes after restoration, based upon proposed land uses, and description of the type and quantity of plantings where revegetation is to be conducted. e. The criteria and standards to be used to achieve final restoration as well as intermittent stabilization. 14. A statement identifying the applicant's program to insure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints. 15. Unless exempt under Minnesota Rules, an environmental assessment worksheet, if required by the City. 16. A wetland alteration permit, if required by the City Code, which shall be processed concurrently with the excavation permit application. I 17. Other information required by the City. C. Applicants for Earth Work permits involving less than one 1 thousand (1,000) cubic yards of material must only furnish the information specified in Section 7-358(1) , (2) , (4a) , (5) , (6) , (7) , (8) , (12) , (13) , (16) , and (17) . 7-36: PROCESSING OP EARTH WORE PERMIT APPLICATIONS. A. Except as otherwise provided herein, the City Council shall ' review the Earth Work permit application and shall approve the permit if it is in compliance with this article, the City's Zoning Ordinance, and other applicable laws, ordinances, and regulations. B. A permit may be approved subject to conditions necessary to ensure compliance with the requirements and purpose of this article. When such conditions are established, they shall be set forth specifically in the permit. Conditions may, among other matters, limit the size, kind or character of the proposed operation, require the construction of structures, require the staging of extraction over a time period and require the alteration of the site design to ensure compliance with the standards in this article. C. Earth work of more than fifty (50) but less than one thousand (1,000) cubic yards of material in a twelve (12) month period may be approved by the City Staff. The applicant shall submit the fee required by Section 7-39 of the City Code. Upon receipt of a completed application, the City Staff shall ' review the application within ten (10) working days and shall notify the applicant of the decision by mail. The City Staff may impose such conditions as may be necessary to protect the -5- 1 I pursuant to this article does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other law, ordinance or regulation. 7-40: FEES. A schedule of fees shall be determined by resolution of the City Council, which may, from time to time, change such schedule. Prior to the issuance or renewal of any permit, such fees shall be paid to the City and deposited in the general fund. ' 7-41: AGREEMENT; IRREVOCABLE LETTER OP CREDIT. Prior to the issuance of an Earth Work permit, there ' shall be executed by the operator and landowner and submitted to the City an agreement to construct such required improvements and to comply with such conditions of approval as may have been established by the City Council. The agreement shall run with the land and be recorded against the title to the property. The agreement shall be accompanied by a letter of credit acceptable to the City in the amount of the costs of complying with the ' agreement as determined by the City Council. The adequacy of the letter of credit shall be reviewed annually by the City. The City Engineer may direct the amount of the letter of credit be increased to reflect inflation or changed conditions. The City may draw against the letter of credit for noncompliance with the agreement and shall use the proceeds to cure any default. ' 7-42: SETBACKS. Mining for the purpose of selling sand, gravel, black dirt, clay, and other minerals shall not be conducted within: A. One hundred (100) feet of an existing street or highway. tB. Thirty (30) feet of an easement for an existing public utility. ' C. Three hundred (300) feet of the boundary of an adjoining property not in mining use except that aggregate processing that creates objectionable noise and dust, including but not limited to crushing, must be set back one thousand five hundred (1,500) feet from the boundary of adjoining property not in mining use. ' 7-43: FENCING. During operations permitted under this article, any ' area where excavation slopes are steeper than one foot vertical to one and one-half (1-1/2) feet horizontal shall be fenced, unless the City determines that they do not pose a safety hazard. ' Water storage basins shall also be fenced if the City determines the basins pose a potential safety hazard. Unless otherwise approved by the City, required fencing shall be a minimum six (6) r -7- 11 • . I/ C. Operators shall use all practical means to eliminate • vibration on adjacent property from equipment operation. D. Operators shall comply with all applicable city, county, r state and federal regulations for the protection of water quality, including the Minnesota Pollution Control Agency and Federal Environmental Protection Agency regulations for the protection of water quality. No waste products or process residue shall be deposited in any lake stream or natural drainage system. All waste water shall pass through a sediment basin before drainage into a stream. E. Operators shall comply with all City, County, State and Federal regulations for the protection of wetlands. F. Operators shall comply with all requirements of the watershed where the property is located. I G. All topsoil shall be retained at the site until complete restoration of the site has taken place according to the restoration plan. H. Operators shall use all practical means to reduce the amount of dust, smoke, and fumes caused by the operations. When atmospheric or other conditions make it impossible to prevent dust from migrating off site, operations shall cease. I. To control dust and minimize tracking sand, gravel, and dirt ' onto public streets, internal private roads from a mine to any public roadway shall be paved with asphalt or concrete • for a distance of at least three hundred (300) feet to the intersection with a public roadway. All internal roads shall be swept and treated to minimize dust according to a schedule established by the City. The City may approve alternatives to paved internal streets that accomplish the same purpose. J. All haul routes to and from the mine shall be approved by the City and shall only use streets that can safely accommodate the traffic. 7-46: RESTORATION STANDARDS. , The following restoration standards shall apply to the site of any operation permitted under this article: ' A. The plan must be consistent with the City's comprehensive plan and zoning ordinance. B. Restoration shall be a continuing operation occurring as quickly as possible after the extraction operation has moved sufficiently into another part of the extraction site. , I I . , . . SECTION 3. This ordinance shall become effective immediately upon its passage and publication. ADOPTED by the City Council of the City of Chanhassen, this 14th day of May, 1990. ATTEST: Don Ashworth, City Manager Donald J. _ e , Mayor (Published in the Chanhassen Villager on May 24 , 1990) . I 1 -11- I CITYOF 1 10:: - -- CHANHASSEN 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM 1 TO: Sharmin Al-Jaff, Planner I I FROM: Charles Folch, Assistant City Engineer C� DATE: July 10, 1990 I SUBJ: Lake Minnewashta Regional Park Grading Permit for Play Area and Parking Improvements 1 File No. 90-16 Land Use Review In accordance with Section 4 .01 of the amended conditional use I permit agreement between the City of Chanhassen and Carver County , the County has submitted the Lake Minnewashta Regional Park Phase I (play area and parking improvements ) plans for I review and approval . The improvements consist of excavation and embankment of I approximately 50,000 cubic yards of material . All excavated material is proposed to remain on site. Approximately 6 ,400 cubic yards of aggregate surfacing will be placed for construction of road access and parking facilities . I Review of the grading plan reveals that the majority of the slopes to be greater than 3:1. Reinforced erosion control and 1 straw bale check dams are proposed at strategic locations. Class II riprap is proposed at all culvert outlets. This Phase I development plan is consistent in scope and capacity 1 with the overall Master Plan for the previously approved conditional use permit. 1 RECOMMENDATION 1. Recommend approval of Phase I grading permit based on 1 applicant obtaining and complying with the Watershed District permit. 1 ktm I 1 1 . I ie/- 1 4Wa44/i.e4e 4.0-. 5,.. 1‘46 ,l-er- Pi44- rd,44.; I /. .;.z?T of b0,6- Alr. -:t. r .42-wZ a A z 16-a-0 a e e 2 A 4 4 -taLZ. 4--- , eges4stoolziL , iermr.44theL-- -- 44 epee■ Io-g ;77.44.e /01' .14.c .v,ozu_ 41-- ' ./ziae?-ezi--At:Z -74. 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Aize - I \ .��' {��r �+ CITY OF CHANHASSEN �C v., 4, ivi)i►� 6� ASSENTExN DRIVE 517 ,Ata'L,ffl x_r (612) 937-1900 �1 108 o A p DEVELOPMENT REVIEW APPLICATION 1Rt,�. ,y�,v,VzwiRSN7f! ?A•e.0 I 6 �`� �� APPLICANT: OWNER c o�4✓ of• �aSZie rJ o4e s ADDRESS: ;e" ADDRESS: 6D qST ,5O �L�Tf✓ EG7' I _ - .,�.�„ '7.i SS __ TELEPHONE (Day time) /-$GIJ"6f6Z 7Z7S•— TELEPHONE: Yff_ zy3 X 4S'.f REQUEST I ♦ Subdivision: --- ♦ Conditional Use Permit - $150 I �( Preliminary Plat: ♦ Interim Use Permit - $150 -X------ _ Sketch Plan - $200 ♦ Land Use Plan Amendment - $100 - Create less than 3 lots - $100 I ♦ Planned Unit Development: - Create more than 3 lots - - Sketch Plan - $200 $100 + $15 acre + $5 per lot I lot created - Preliminary Development Plan I $300 + $15 acre - Final Plat - $100 - Final Development Plan - $200 - Metes and Bounds - $100 - Amendment to Final Development - Consolidate Lots - $100 I Plan - $300 + $15 acre TOTAL PUD TOTAL SUBDIVISION I ♦ Wetland Alteration Permit: ♦ Site Plan Review - $150 '-- - Individual Single Family Lots - $25 II Vacation of Utility or Street Easement - $100 - All Others - $150 I ♦ Variance - $75 ♦ Rezoning - $250 Ce amendment - I Appeal - $75♦ Zoning App ♦ Zoning Ordinance Charge I I a ro riate fee shall * NOTE - When multiple applications are processed, the pP P l be charged for each application. I LOCATION ' LEGAL DESCRIPTION PRESENT ZONING P9. '1e' REQUESTED ZONING 4OA/r PRESENT LAND USE DESIGNATION ' REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST /d GoA/Tll.✓GT/e () E.i,TN r, QPPR& c !✓4w-w- y/,wc- iugs ir4" Ri'6/Avg 179e.c IIe r0 1 e - M.As .e PGAAf /9A1O X.'/ST/.4ks eiTv OF' Ci CvN./ 4} •[_ C ' 441 T . C c - / . G OF 7T/YC IAV'h 7 sF THE c-?9PT.r ROr/dam' PLAY g.f'e.4 1#4,/C'ul ',',V ' ile& A.e4A Fox, Ic? L.D e/mre .?.✓.d PiR7.c'.riA.g Garr F2R Fib"c.L A'EJS Fil771-.P6 To TGe r 4'O2 Sxrx,4 S'°,/"ft), J 8C#47ee1 'vee/A/6, sEE Rrr/PC,E) sflt.,F/C977 tJS •Q.c/d O//)pj. This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. I This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name I and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or I purchase agreement) , or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and I the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents I and information I have submitted are true and correct to the best of my knowledge. ISignature of Applicant Date Signat 9f Fee Owner Date Application Received on IFee Paid Receipt No. This application will be considered by the Planning Commission/Board of Adjustments and Appeals on I Y 1 •• . ♦'S 1 ) • 0, 4. ykt .4. 1 ,•4' ', . ?.V 4* . ,. 4,1 14 jf',,i ..4.,, :■i',••..,, ,9,, ..'iy), ' i , 1 *4e ' r z 1 • •� ACTIVE PLAY AREA AND PARKING IMPROVEMENTS e ;:•'/ � * } 1 �`; ?'•� LAKE MINNEWASHTA REGIONAL PARK , / • s i, , Chanhassen, Minnesota M' ft •,.� ,> CARVER COUNTY PARKS 1+: •t 'N ��1 • II JUNE.19911 ow. x • ••t• ' CARVER COUNTY PROJECT NO. NIL• `441k1'? • \ • :.• , , � r� . •10 � SHEET!NM• \. ; • ( ' v1.1110• 10 CROSS-SECTION LAYOUT PLAN• 20 LAYOUT PIAN 9 M may+ t _"1 f. A, • � ` •'t • �/ -lA CRAVING AND EROSION CONTR01. '` 41'-'• J +• 'it/ • ,: PLAN IMIASF.ONF.1•• ,•, •• ,� '4 1�1 J.1 FUTURE OVERALL GRADING PLAN 1 C • .• r e• •� � • �f l0 POINT PARKING PLAN/DETAILS*440 • +, 1 ' ., 'K• ;• �, .. • , SA ROAD PROFILES C 1O 1 ( A.0l./2 CRO%%CIIOMt • ,� . •' � LOCATION MAP PARK MAP . V . 1 4#'*0 . `� 12.1 r.i — • HI•IM•li•M••f ,h ' • 1 1. fl, . •. , ' ailfr )it f .0. ' .A. - &''' / 4 • I 411 • le• • .L ERNST ASSOCIATES UNOU•14 AKIMISIV.E/LAN•I ANN•1G 122 WET TInmtCII au..ONNIMcn.nI. rnv..s .., - - - - .11. 11.11.1111.1. - - - - - - - - - - - 1 I 0 0o0 0 © O Q Q © © Oo O QED O © 00 ' 1 O 0 \ O /s .00,--..w _t • ______ ....- 4.9 40*0k ‘''■ • . ' ic 0 li, 0 . 01,1117,1n,, A 0 s, ‘ .*.", tteeOttioralqit'hit..4,4 ,411. ___40..4 111.11fr :"._ rz) o '4., ftslirookopiar-uai.vieitvgliikti■41:--C;'4 - C1 *Arks' . iiikr 1Wilietpv-Atr,' Itar4A4r4V ,,c,) I 0 111/0 .iti kV 4,,,00 ig SillpKatlnWla ' ,11a..."- IP"vir" VA• e 0, . 41•1100,1%$-IrVillkAtft■--M** *\ /,/,. , , 4 ,* v. eii.ww.ors. \* ■v. 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Park T-. • , •('- :g, \4 . .r. -,..-•:. •?� ,:\ Ace•1i 1.. M / ..g t,.. %•intrA .•i �' �: \ . t co,. ` ,. wan; yp- _.... - .: ,‘4...„...,.:.‘...„ i44 i /� r "4, ° • °. ` i �-� '� i S L •!: • 4 , ce l•• '• „'1 / �.� i:..,:` .. I .u/ O Picnic•MM•t••• I. '_ - 'r�r / .\ '•Ire: •./. .\ ).11 ----i...:•;:-:::. c_..7;, S-�2'4 •.F YJ 11 O M•hwaa••41.•• -•t - 'I •`••P . 'X,.„�i • `,r Y`,_ _ '' (c s _ :• - ' * I /1 € 11••tr••e,•1./wailer I• ' . . 1 k p ,'.t� `� '•k Mtoeda 'M1•t•at �t. 7y•• n. // { 1:1.`.1 pr+,� : '°Y :. y`w ;r �• - .,, - '•'-�}•� '° sj. ' ' e °!• t / .1. " / DEVELOPMENT PLAN —1 ..\ 4AIu tt a•i -. " •,CaaWinaz' 6} i ■'NO r' i . r Lake : =-,'T. ,\ i • w•°da• :: ;� P:710;"'-'...v‘ ' Ktt� S. f 'r4-... •c-'r. '1. Minnewashta r , -** . .'' ;.,-Y �: , . , ,. _. .. t- :r-M./ ; Regional Park I ter` ••f.;71. - /J6' • -i,• ._.: S>r.-.c"+1:.-- t.,`.; - «�w_ ! ...6■110" '1■ I // Canoe ,• Cae COW,Parks . O I I i - NM - MEI A. UM a• J—'I I - ` LAKE MINN EWASHTA .09_,' ` ' WAYSIDE / • I ,-- REST Q / It V 1 / �___^ VISTA�TRAIL /' / 1 `1 / t P�x�–�``�� / l` /./ � I \ NATURE TRAILS ' 'PICNIC AREA�� 1 /r0 _ ///' am NO.3 S __ / �s,9 �•••• 1 tape--- � ` / f /PICNIC AREA 1E I ? I NO.I ; -Up /i 1 5 PR' / / `�� PA KING SIC AREA PARKING ROAD / I �-� ���' i _ % NO.2 1 / / ` �ATHHOUSE '` PICNIC AREA 1A I i// / f� BEACH ___ ---' - NO.4 1 / —� �, / AREA I NATURE /�. / PARKING I � c / I I R �∎` SKI SHACK GATE OQ I 7 ` ���� /110 HOUSE/ ACTIVE 4 v i PLAY ''+ BOAT LAUNCH! � / / PARK ENTRANCE '/ ACCESS NO.1 / AREA / \\ ///// / e ` --.j / „ // V p} ...4' BOAT ' ACCESS . I .0806 4b •"z:;111111111 ,O r--......-1 REFORESTATION Lake PROJECT M%nnewashta (PHASE I I Regional Park 1 / ��` r-j 1 CHANHASSEN,MINNESOTA • I / O 200' 400' O' um INN BO SCALE L _.._ _ -- TRAIL SYSTEM PARK BOUNDARIES h +4 CARVER COUNTY PARKS SI t PHASE 4 1988-89 Activity Construct bicycle path • Construct trail bridge over channel ' Construct trail bridge over valley Complete active area parking lot Complete trail head facility Improve amphitheater (if demand warrants) Detail and begin improvements to parcels "C" and "D" ' In general park landscaping (ongoing) Complete facility development (restrooms t water) to permanent status TOTAL $400,000 ± i The following information is provided on each development activity or facility by its grouping (active area, conservation zone or boat launch), a synopsis of the interactions between the groupings and a capacity table on all park uses. • ACTIVE AREA ' • • Picnic - 8 picnic clusters, each will be at least partially cleared of underbrush. Located in and around other intensive uses (swimming.beach and active plan area). Shelters will be located in several picnic clusters. - Parking areas will accompany all clusters (size of parking areas dictated by table placement). Swimmins - Beach and bathhouse on southern area of point, convenient to • picnic clusters and active play area. Adjacent parking area to accommo- date about 1/3 swimming area capacity, remaining beach area parking in overflow lot. Active Pla_LArea - Cleared area (formerly in agricultural production) in center of active area. Following turf establishment, uses will be dictated • by demand, examples: tot lot, ball diamond, horseshoes, playground equip- j rent, field games. Trails - Hiking and cross country: ski trails among all active area uses, all accessability to natural areas. Also hard surface trail for bikers off service road, loops through active area. Parkin& - Parking areas scaled to capacities of picnic clusters and beach, with;TEE overflow lot near all uses in cleared area. Overflow lot will be expanded as facilities develop and use dictates. Ultimate capacity of park established via parking availability. • (1) CC-UVIENCOUKITITI:alat2 1 1 CHANHASSEN PLANNING COMMISSION REGULAR MEETING JULY 18, 1990 ' Chairman Conrad called the meeting to order at 7:40 p.m. . MEMBERS PRESENT: Tim Erhart , Steve Emmings , Annette Ellson, Ladd Conrad, IBrian Batzli , Jim Wildermuth and Joan Ahrens STAFF PRESENT: Paul Krauss, Planning Director ; Jo Ann Olsen, Senior IPlanner ; and Sharmin Al-Jaff , Planner One PUBLIC HEARING: I INTERIM USE PERMIT FOR CARVER COUNTY PUBLIC WORKS FOR A GRADING PROJECT TO CONSTRUCT AN ACTIVE PLAY AREA IN THE MINNEWASHTA REGIONAL PARK LOCATED ON HWY. 41 . IPublic Present: Al Klingelhutz , Carver County Commissioner IPaul Krauss presented the staff report . Chairman Conrad called the public hearing to order . IWildermuth moved, Batzli seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. I Batzli : My only discussion is that I thought we were going to call it like an earth work permit or something like that. But that was my only comment . I Krauss: Well , the actual permit that they will receive is but what they're applying for is the IUP. Batzli : Okay . IEmmings moved, Wildermuth seconded that the Planning Commission recommend approval of Interim Use Permit *90-1 as shown on the plans and subject to Ithe following conditions: 1 . Approval of Phase I grading permit based on applicant obtaining and tcomplying with the Watershed District Permit . All voted in favor and the motion carried. IPUBLIC HEARING: R.J . RYAN COMPANY FOR DEXTER MAGNETIC MATERIALS, PROPERTY ZONED IOP, IINDUSTRIAL OFFICE PARK AND LOCATED ON QUATTRO DRIVE: A. REPLAT OF LOTS 5 AND 6, BLOCK 1, PARK ONE 3RD ADDITION, INTO ONE LOT. IB. SITE PLAN REVIEW FOR A 20,000 SQUARE FOOT OFFICE/WAREHOUSE FACILITY. t CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES , MINNESOTA I AMENDED CONDITIONAL USE PERMIT LAKE MINNEWASHTA REGIONAL PARK I THIS AGREEMENT, made and entered into by and between the City of Chanhassen , hereinafter referred to as the City , and the Board of Commissioners of Carver County, hereinafter referred to as the County; WITNESSETH, that in the exercise of their powers pursuant to ' law, and in consideration of the mutual convenants herein con- tained, the City and County recite and agree as follows : ' Section 1 . Recitals . 1. 01 . State Law and City Zoning Ordinance. It is ' acknowledged by the parties hereto that under the provisions of M.S. §398 . 32 , no county parklands or waters may be acquired within the limits of any city without the approval by resolution of the governing body of any such city; and it is further acknowledged that under the provisions of the City zoning ordi- nance, parks and recreational areas owned and operated by govern- mental units may be allowed within residential zoning districts only upon the securing of a conditional use permit from the City. 1. 02 . County Park Proposal. The County proposes the acquisition and development of a regional park to be located on the northeast shore of Lake Minnewashta , designating said park as Lake Minnewashta Regional Park (hereinafter referred to as the "park") , and has made application to the City for approval of said acquisition and development and the issuance of a con- ditional use permit. , 1.03 . Lake Minnewashta Regional Park Master Plan . Except as hereinafter modified or otherwise provided, the Lake Minnewashta Regional Park Master Plan - 1982 Updated - as approved by the County Board of Commissioners on April 13, 1982 forms the basis of this conditional use permit for said County Regional Park. Said Master Plan and approving County motion are attached hereto as Exhibits "A" and "B" respectively and incor- porated herein by reference. 1 .04 . General Purpose. The purpose of this agreement is , to setforth the terms and conditions governing the approval by the City of the parkland acquisition and the grant of the within conditional use permit which are conditions precedent to land acquisition by the County for the park. Section 2. Park Areas C and D. ' 2 . 01 . Master Plan . Whereas the City , and the Metropolitan Council of the Twin Cities have determinea that removal of areas C and D from the Master Plan of the Lake 1 ' Minnewashta Regional Park, hereinafter referred to as the "Master Plan" , will not adversely affect the purpose or function of the park , and whereas the City and the Metropolitan Council of the 1 Twin Cities have approved a change to the adopted Land Use Plan from "Parks/Open Space" to "Residential-Low Density" , the parties hereto acknowledge that land area Parcels C and D are removed ' from the boundaries of the park as defined in Exhibit "A" . Section 3 . Schematic Plan . ' 3. 01 . Design Capacities . The design capacities as set- forth on page 26 , table 6 of the Master Plan , and the Lake Minnewashta Park Use Calculations of the Subcommittee for Master ' Planning of the Lake Minnewashta Regional Park, dated May 28 , 1975 , shall constitute the maximum development allowable in said proposed park. Section 4. Development Plans . 4. 01 . Review and Approval . Detailed development plans within the proposed park shall be submitted to the City for review and comment prior to approval by the County. It is not con- templated that the City shall have approval authority over the detailed development plans so long as they are consistent in scope and capacities with the Master Plan , except for appropriate development standards which may be applied to development generally within the City. Any development plans not consistent in scope and capacities with the Master Plan shall require an amended conditional use permit . ' 4 . 02 . Development Schedule . The County does not propose any significant development of the park until funds are available through the grant program of the Metropolitan Council. Between 1978 and 1982 , the development activities at the park are pro- posed to consist essentially of establishing a land stewardship program, development of a primitive lake public access facility, ' and use of the existing buildings as either a nature center or museum and park employee residence. ' 4. 03 . Land Stewardship Program. The land stewardship program will consist principally of gradually phasing from culti- vated land to turf establishment on Parcel E, establishing a tree nursery, beginning prairie establishment on a portion of Parcel B, providing necessary access control in terms of gate and fencing , controlling noxious weeds , and to the extent feasible, controlling Dutch elm and oak wilt disesase. ' Section 5 . Advisory Committee. ' 5 .01 . Advisory Committee. The park is intended to fill the regional recreation needs of the Chaska, Chanhassen , and Victoria area in Carver County (as described in Section 4, Local and Regional Recreation Needs Analyses of the Master Plan) . In ' order to provide a means of continuing review during the develop- ment and operating phases , Carver County shall establish an Advisory Committee consisting of two representatives from ' Chanhassen , one from Chaska , one from Victoria , and one from the -2- 11 County Park Commission. The City representation will be appointed by the respective City Councils on an annual basis . The Advisory Committee shall review the County 's development plan and make recommendations to the Carver County Park Commission in regard to such plan . The Advisory Committee shall also monitor park operations in a general way, and shall make recommendations to the County Park Commission in regard to improvements in operating policies. The Advisory Committee members shall also keep the City Councils of their respective cities informed of their general activities . They shall also serve as the conduit of concerns from their respective City Councils to the County. ' Section 6. Governing Ordinance , Policing , Fire Protection and Access . 6. 01 . County Park Ordinance. The Park Ordinance of the County shall regulate the use of the park. The City and the Advisory Committee shall recommend any appropriate amendments to the County Park Ordinance or regulatory County Board Resolutions as the same may be applicable to the park. In addition , all County proposed park ordinance amendments or regulatory resolu- tions shall be reviewed by the Advisory Committee for its recom- mendations and comments prior to enactment. 6 .02 . Policing. Policing of the park shall be the ' responsibility of the County through its Sheriff 's Department at no cost to the City . Any supplementary police services furnished by any future City police department shall be performed only under the terms and conditions of a mutual aid agreement the City and the County. 6. 03 . Fire Protection and Emergency Services . Fire pro- ' tection and emergency rescue services necessitated by land- oriented incidents shall be provided by the Fire Department of the City . Emergency rescue services necessitated by water- oriented incidents shall be provided by County lifeguards or the County Sheriff 's Water Patrol. 6 . 04 . Lake Access . A watercraft access to Lake Minnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access is to be limited for launch of watercraft of ten (10 ) horsepower or less and have a capacity of 10 car/trailer spaces . An additional access without horsepower restrictions having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2nd Access" marked Official Copy. Section 7. Roads , Water and Sanitary Sewer Services. 7. 01 . Roads . All roads and trails within the park shall be constructed and maintained, including snow plowing , by the County. -3- I II7. 02 . Water and Sanitary Sewer Services . The County shall provide water and sanitary sewer systems through on-site II facilities approved by the Minnesota State Board of Health and such other state regulatory agencies having regulatory power thereof. When available , said water and sanitary sewer services II shall be connected to the City facilities at the expense of the County . All connection charges , Metropolitan Waste Control Comission sewer availability charges (SAC charges ) , and sewer and water usage charges shall be paid by the County to the City at 1 the reasonable and customary then prevailing City rates for com- parable uses . Except for trunk water and sewer assessments payable as provided in 58 . 01 hereof, sewer and water charges will I not be based on a price structure which assumes a 211 dwelling unit development , but rather will be based on a comparison of volumes generated by similar residential, commercial or institu- tional uses . ' 7. 03. . Water and Sanitary Sewer Easements . The County shall provide, consistent with applicable Metropolitan Council I policies and the grant contract for acquisition of the Lake Minnewashta Regional Park between the County and Metropolitan County, at no cost to the City, such linear water and sewer ease- I ments as the City may deem necessary to provide water and sani- tary sewer services to the park and contiguous areas . Said easement alignments shall not be so located as to materially Iaffect the character of the park. Section 8 . Assessments , Taxes and Costs . I 8. 01 . Outstanding Assessments . By resolution adopted October 20 , 1975 , the City levied a total of 211 trunk water and sewer unit assessments against the properties to be acquired for II the park. It is a condition to the grant of the within con- ditional use permit that all of said assessments to be paid in full by the County immediately upon its acquisition of said prop- erties .erties . Included within said payment shall be accrued interest computed pursuant to M.S . S429. 061 . 8 . 02. Tax Equivalents . In the event the Metropolitan I Council of the Twin Cities fails or declines to pay to the City tax equivalents under M.S. §473 . 341 , it is agreed that said tax equivalents shall be paid by the County to the City upon demand. I8. 03 . City Costs . The County agrees to reimburse the City promptly upon invoicing therefor, all resonable and Gusto- ' mary costs incurred by the City since the enception of the park concept through the conditional use permit . Eligible costs shall consist of publication and notification expenses , attorney fees , engineering fees , costs in connection with the November 2, 1977 I public hearing , and any other reasonable outside direct costs to the City. 1 Section 9. General Provisions . 9. 01 . Indemnificati:n . The County shall indemnify and Ihold the City harmless from liability on account of injury or -4- II II damages to person or property arising out of the operation of the park facilities . In the event legal action is brought against the City, either solely or jointly with the County, on account of any such injury or damage, the County , on notice to it by the City, zi;aii defend the City in any such action at the expense of II the County. In the event of judgement against the City in any such action , the County shall pay such judgement and all costs in connection therewith, and hold the City harmless therefrom. The I County does not agree to indemnify, hold harmless , or defend any action or pay any judgement arising from acts of officials, employees or agents of the city while in the park. 111 9. 02 . Non-Assignment. Neither the within conditional use permit nor the park contemplated hereunder shall be assigned or conveyed by the County without the prior written consent of the I City. 9.03 . Standards Applicable. The City Council and its I Planning Commission have determined that in the grant of the within conditional use permit , the standards of the Chanhassen Zoning Ordinance have been met. 9. 04 . _ Execution. Each party warrants and affirms that the within agreement was duly authorized by its respective governing body and executed by its duly authorized officers pur- ' suant to resolution duly adopted, and each party shall file with the other party a certified copy of the resolution approving the execution of the within agreement. I Executed this day of 6,,tat A) , 1984, by the City of Chanhassen . I ATTEST: CITY OF CHANHASSEN �/� ( - 1 ) 4 City Clerk7Manager `,( v ' Mayor I Executed this /`": day of l,'•.'-Ce 4 /' , 1984, by the Board of Commissioners of Carver County. I ATTEST: BOARD OF COMMISSIONERS OF I CARVER COUNTY • /max'1 .7 l 1�� County Executive Secretary . ` 1 -5- I I