2. Amend Chapter 6 of City Code Regarding boat Mooring and Swimming Rafts CITYOF --
CHANHASSEN
N'■A.;
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 Action by Cry
fndorN4
MEMORANDUM
TO: Don Ashworth, City Manager �;;c___‘z 4-3
Date 'ub r, >,,:.
FROM: Barbara Dacy, City Planner
Date Su5n:ttted `') ,f„■at1)
DATE: September 8 , 1988 9_/1. k
SUBJ: Amendment to Chapter 6 of the City Code Regarding Boat
Moorings and Swimming Rafts, First Reading
BACKGROUND
A number of issues concerning swimming rafts, docks and boat
moorings have occurred during the past boating season on Lotus
Lake and Lake Minnewashta. These various issues have lead staff
to prepare an ordinance amendment to Chapter 6 of the City Code
regarding Boats and Waterways ( formerly the Water Surface Usage
Ordinance #73) to clarify city regulations.
ANALYSIS
The proposed ordinance is presented for Council discussion and
if deemed appropriate, for adoption for first reading. The ordi-
nance changes are as follows:
1 . The ordinance amends Section 6-27 (b) to add that boats
moored in the waters of any lake overnight must be moored
directly out from a lakeshore site upon which a dwelling unit
has been constructed. This language attempts to address two
issues:
a. To prohibit the mooring of boats in front of park prop-
erty ( upon recommendation of the Park and Recreation
Commission) ; and
b. To be consistent with Zoning Ordinance regulations
requiring a principle use of a lot ( single family home)
to exist prior to establishing an accessory use (dock or
mooring) .
As now written, if a person owned lakeshore property but did
not have a home on the property they would be able to moor
their boat in the lake in front of their property.
Mr. Don Ashworth
September 8, 1988
Page 2
2 . Upon the recommendation of the Park and Recreation
Commission, Section 6-28 ( c) is proposed to be added stating
that swimming rafts installed in the lake must be directly
out from a lakeshore site upon which a dwelling unit has been
constructed. Again, this was to prohibit personal swimming
rafts to be stored in front of park property as well as
lakeshore property that may be vacant at this time.
3 . A number of petitions and letters have been received from
property owners in the Carver Beach area regarding the
existing swimming raft. The swimming raft has been used by
Carver Beach property owners and others for a number of
years. In order to allow the swimming raft in the Carver
Beach area to continue because of its previous long standing
use, Section 6-30 of the ordinance is proposed to be amended
to allow existing swimming rafts and docks to become non-
conforming structures .
4 . Proposed Section 6-30 does however, prohibit the re-
establishment of mooring a boat in front of lakeshore prop-
erty that does not contain a home on the property. In
drafting the ordinance, city staff felt that it would be very
difficult to keep track of those persons who have been
mooring their boat on a regular basis in front of vacant pro-
perty. Further complicating the issue is whether or not the
ability to moor would be passed to other family members or
new lot owners buying lakeshore property. Staff has encoun-
tered similar problems with establishing beachlot usage prior
to the adoption of the beachlot ordinance. There are certain
circumstances, however, that may justify a need to have a
variance or permit process for a homeowner who has previously
moored his boat in front of vacant lakeshore property to
petition the Council to continue that ability to moor under
certain restrictions .
An example of this situation is reflected in the correspon-
dence received from Lyn Hall and David and Sally Peterjohn on
Hawthorne Circle. Mr. Hall owns Outlot A of the Kellyne
Subdivision. Pedestrian easements were recorded against
Outlot A for access to Lake Minnewashta for certain lots in
the Kellyne subdivision. In fact, the city recognized this
outlot as a recreational beachlot when it adopted its
Recreational Beachlot Ordinance in 1982 . At that time there
were no docks or boats stored on the property. Unusual in
this case, however, is that the outlot is owned by an indivi-
dual and not a homeowner' s association. The current
homeowner, Mr. Lyn Hall, upon purchasing the lot from Cliff
Bohlmann, had understood that a boat could be stored on the
outlot. This was also confirmed by city staff. Mr. Hall
consequently stored his boat on the outlot. However, when a
neighbor, Mr. Peterjohn, contacted staff, we determined that
Mr. Hall had to remove the boat from the property because of
� n
Mr. Don Ashworth
September 8 , 1988
Page 3
the recreational beachlot rules . However, under the current
Water Surface Usage Ordinance, we did allow Mr. Hall to moor
his boat in front of the outlot.
In order to look at this particular situation more closely, and
there probably are others along lakeshore property, it is recom-
mended that the variance section, Section 6-23 be amended to
allow situations such as the Hall property or others to apply for
a variance so that the city can evaluate each situation on a site
specific basis.
RECOMMENDATION
The City Council should discuss each of the enumerated issues and
determine whether or not an ordinance amendment would be
appropriate. Clarifying the ordinance language would help
enforcement procedures and assist staff in responding to
homeowners concerns .
Please note that the ordinance amendment will have to be approved
by DNR prior to its effective date.
ATTACHMENTS
1 . Proposed ordinance dated August 17, 1988 .
2 . Existing City Code.
3 . Letter from Lyn Hall dated July 8 , 1988 .
4 . Letter from David and Sally Peterjohn dated July 21, 1988 .
5 . Memo from Lori Sietsema dated September 7, 1988 , with Park
and Recreation minutes and attachments .
ORDINANCE NO.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 6 OF THE CHANHASSEN
CITY-CODE CONCERNING BOATS AND WATERWAYS
The City Council of the City of Chanhassen ordains:
SECTION 1. Section 6-27 (b) of the City Code is amended
in its entirety to read as follows:
(b) No watercraft shall be moored, docked or stored overnight
on any lakeshore site or on the waters of any lake
unless:
(1) Currently registered, pursuant to Minnesota Statutes
Chapter 361 in the name of the owner of a lakeshore
site on the lake or in the name of a member of the
owner's household; or
(2) If moored in the waters of any lake overnight it
must be moored directly out from and within twenty-
five (25) feet of a lakeshore site, upon which a
dwelling unit has been constructed, owned by the
owner of the watercraft.
(3) Currently registered as a guest boat at any
privately-owned commercial resort or commercial boat
landing located on the lake.
SECTION 2 . Section 6-28 of the City Code is amended by
adding subparagraph (c) to read:
(c) Swimming rafts left overnight in the waters of any lake
must be anchored directly out from and within one hundred
(100) feet of a lakeshore site, upon which a dwelling
unit has been constructed, owned by the owner of the
swimming raft. All swimming rafts must have an
identification plaque containing the name, address, and
phone number of the owner.
SECTION 3. Section 6-30 of the City Code is amended to
read as follows:
Removal of Seasonal Docks, Moorings, etc.
All seasonal docks, moorings, and other structures shall
be removed from the lake before November 1 of each year. All
r08/17/88 /
nonconforming moorings and other structures, except docks and
swimming rafts, once removed may not be returned to the lake.
Nonconforming docks are further regulated by Section 6-22 of
the City Code.
SECTION 4. This ordinance shall become effective
immediately upon its passage and publication.
ADOPTED by the Chanhassen City Council this day
of , 1988.
CITY OF CHANHASSEN
BY:
Thomas L. Hamilton, Mayor
ATTEST:
Don Ashworth, City Manager
-2-
Chapter 6
BOATS AND WATERWAYS*
Art. I. In General, §§ 6-1-6-20
Art. II. Structures, §§ 6-21-6-45
Art. III. Watercraft Operating Regulations, §§ 6-46-6-55
ARTICLE I.IN GENERAL
Sec. 6-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Commissioner means the state commissioner of natural resources acting directly or
through his authorized agents.
Cross bar means that portion of any "L" shaped or "T" shaped seasonal dock or perma-
nent dock which is approximately parallel in alignment to the abutting shoreline or abutting
ordinary high water mark.
Diving tower means a floating or a nonfloating structure designed for diving purposes and
which projects over the surface or surrounding waters by more than five(5)feet.
Dock means any wharf, pier or other structure constructed or maintained, whether
floating or not, including all "L's", "T's" or posts which may be a part thereof, whether
affixed or adjacent to the principal structure.
Dock set-back zone means that portion of any lake lying within one hundred (100) feet of
the ordinary high water mark and which is bounded by the extended side lot lines of any
lakeshore site,and by a line inside of and running parallel to and ten(10)feet distant from the
extended side lot lines of any lakeshore site, as measured at right angles to the extended side
lot lines.
Homeowner association means any private corporation, private club, unincorporated as-
sociation or nonprofit organization,which owns,leases or operates a recreational beach lot, as
that term is defined in the zoning ordinance,for the purpose of providing access to any lake for
its members, shareholders, owners and beneficiaries.
Lake means any body of water lying wholly within the city and all parts, bays and
channels thereof.
*Cross reference—Parks and recreation, Ch. 16.
State law reference—Local water and watercraft regulations authorized, M.S. § 361.26.
327
§ 6-1 CHANHASSEN CITY CODE
Lakeshore site means any lot,parcel or other tract of land legally subdivided and recorded
in the office of the county recorder or registrar of titles and which abuts any lake.
License means the authentic state document used to designate the numbers assigned a
watercraft and to renew the same.
Mooring means any buoy,post,boat lift,structure or device at which a watercraft may be
moored which is surrounded by public waters.
Motorboat means any watercraft propelled in any respect by machinery, including water-
craft temporarily equipped with detachable motors.
Operate means to navigate or otherwise use a watercraft.
Ordinary high water mark means a mark delineating the highest water level which has
been maintained for a sufficient period of time to leave evidence upon the landscape; the
ordinary high water mark is commonly that point where natural vegetation changes from
predominantly aquatic to predominantly terrestrial.
Overnight means any time between the hours of 2:00 a.m. and 5:00 a.m. of any day.
Owner in the case of a watercraft means a person, other than a lienholder, having the
property in or title to a watercraft;the term includes a person entitled to the use or possession
of such craft, subject to an interest in another person, reserved or created by agreement and
securing payment or performance of any obligation. "Owner" in the case of a lakeshore site
means any natural person who is either the record owner of a fee simple interest,or the record
owner of a contract for deed vendee's interest, or the holder of a possessory leasehold interest,
in the whole of any lakeshore site, including authorized guests, and immediate family mem-
bers of such person.
Permanent dock means any dock other than a seasonal dock.
Seasonal dock means any dock designed and constructed so that it may be removed from a
lake on a seasonal basis; all components such as supports, legs, decking and footing must be
capable of removal by nonmechanized agents.
Sheriff means the sheriff of Carver County, acting directly or through his authorized
agents.
Slow—No wake means operation of a watercraft at the slowest possible speed necessary to
maintain steerage and in no case greater than five(5)miles per hour.
Swimming raft means a small floating structure designed exclusively for swimming and
sunbathing.
Swimming area means an area immediately adjacent to the shoreline which is marked in
accordance with the applicable regulations of the state department of natural resources and
which is used solely for recreational swimming.
Underway or in use means any watercraft in operation or use when not securely fastened
to a dock or other permanent mooring or at anchor.
328
BOATS AND WATERWAYS § 64
Watercraft means any contrivance used or designed for navigation on water other than a
duck boat during the duck hunting season, a rice boat during the harvest season, or a
seaplane.
Water obstacle means any ski jump, slalom course, diving tower or other structure upon
the water of any lake. "Water obstacle" does not include any dock or swimming raft or
watercraft.
(Ord. No. 73, §§ 2.01, 2.03-2.12, 2.14, 2.16-2-19, 2.21-2.28, 7-11-83)
Sec. 6-2. Exemption for law enforcement personnel.
Watercraft used by resource management, emergency and enforcement personnel, when
acting in the performance of their assigned duties, are exempt from the provisions of this
chapter.
(Ord. No. 73, § 13, 7-11-83)
Sec. 6-3. Temporary event permits.
A temporary exemption from this chapter may be obtained through a permit issued by
the city council for special events, trials and races. Such temporary permits shall be in
addition to, rather than in lieu of, any permit required under section 6-4.
(Ord. No. 73, § 14, 7-11-83)
Sec. 6-4. Permits for water obstacles.
(a) No person shall operate or maintain any water obstacle, including but not limited to,
any ski jump, slalom course, diving tower or other structure upon the waters of any lake,
unless a permit shall have been first obtained for the same.No permit is required for any dock
or swimming raft erected or maintained in compliance with the other provisions of this
chapter.
(b) An application for a permit shall be made to the city upon a form furnished by the
city. The applicant shall furnish the information required by the form. A nonrefundable
application fee in the amount established by resolution shall be paid to the city when the
application is filed.
(c) The permit shall be issued by the city upon approval by the city council by a majority
vote and upon filing with the city policies evidencing the required insurance, or a certificate
or binder of the insurer stating that such insurance is in force and in effect. Such policies of
insurance,such certificates and such binders shall be in a form and content satisfactory to the
city and shall be placed with financially sound and reputable insurers licensed to transact
business in the state.
(d) In reviewing an application for a permit the city council shall consider the following
factors:
(1) The size, configuration and manner of construction of the proposed water obstacle;
(2) The level of competing watercraft traffic which can be reasonably expected during
the requested duration of the requested permit;
329
§ 6-4 CHANHASSEN CITY CODE
(3) The size and configuration and depth of the body of water for which the permit is
requested;
(4) The number of competing water obstacles which will be in place pursuant to permits
already then issued; and
(5) Any other factors reasonably related to the effect of the applicant's proposed use on
the maintenance of public health and safety upon the city's lakes.
(e) If a permit is granted,the permit shall specify the dates or the period of time for which
it is granted. The granting of permits may be subject to such conditions as the city council
deems necessary to protect the safety of users of the lake. Any violation of the terms and
conditions of any such permit is a violation of this chapter. No permit shall be issued for a
period in excess of one(1)year, provided, however, that no permit for any slalom course shall
be issued for a period in excess of seventy-two(72)hours.
(f) If any water obstacle is located in any lake pursuant to a permit and is thereafter
found to be a hazard or obstruction to the safe use of the lake by others, such permit may be
revoked. Notice of revocation shall be given to the permit holder by the city orally or in
writing. If the permit holder cannot be found, it shall be sufficient notice of revocation if
written notice thereof is delivered to the address of the permit holder as set forth in the
application. Upon notice of revocation, the permit holder shall remove the water obstacle
within a seven-day period which shall be specified in the notice of revocation. If the applicant
does not remove the water obstacle,it may be removed by the city at the expense of the owner.
The failure of the applicant to remove the water obstacle upon receipt of the notice of
revocation of the permit and in accordance with such notice is a violation of this chapter. In
the case of an emergency presenting an immediate hazard to the public safety, as determined
by the city manager, the notice period to the applicant shall be waived in its entirety and the
applicant shall reimburse the city for any expense incurred by the city in remedying the
condition creating the emergency.
(Ord. No. 73, § 6, 7-11-83)
Secs. 6-5-6-20. Reserved.
ARTICLE II. STRUCTURES*
Sec. 6-21. Exemption.
This article does not apply to any lakeshore property owned or leased by the city.
(Ord. No. 73, § 3.13, 7-11-83)
Sec. 6-22. Nonconforming docks.
(a) Permanent docks existing on July 11, 1983, and which do not comply with the
structure limitations set forth in this article shall be deemed to be nonconforming uses.
*Cross reference—Buildings and building regulations, Ch. 7.
330
i _
BOATS AND WATERWAYS § 6-24
Seasonal docks utilized by privately-owned commercial resorts or commercial boat landings
prior to July 11, 1983, and which do not comply with the structure limitations set forth in this
article shall also be deemed to be nonconforming uses.
(b) No nonconforming dock shall be enlarged or altered or increased, or occupy a greater
area than that occupied by such dock on September 7, 1983, or on the effective date of or any
amendment to this article. A nonconforming dock shall not be moved to any other part of the
lakeshore site upon which the same is erected unless it is relocated in such a manner as to
conform to the dock set-back zone requirements of this chapter. Any nonconforming dock
which is partially or totally destroyed by any cause may be restored to its former use and
physical dimensions, if the restoration is completed within one (1)year of its partial or total
destruction. Maintenance and necessary structural repairs of a nonconforming dock are
permitted provided that any such maintenance or repairs do not extend, enlarge or intensify
such dock.
(Ord. No. 73, § 8, 7-11-83)
Sec. 6-23. Variances.
(a) The city council may grant a variance from the dock requirements of this article
where it is shown that by reason of topography, soil conditions or other physical characteris-
tics of the lakeshore site, strict compliance with the dock requirements could cause an
exceptional or undue hardship to the enjoyment of the use of the lakeshore site;provided,that
a variance may be granted only if the variance does not adversely affect purpose and intent of
this chapter.
(b) Application for a variance shall be made to the city upon a form furnished by the city.
The applicant shall furnish the information required by the form. A nonrefundable applica-
tion fee shall be paid to the city when the application is filed.The application may be referred
to such outside consultants, engineers or attorneys as the city manager deems necessary to
study the application and make recommendation to the city council and the cost of any such
referral shall be borne by the applicant.
(c) Upon filing of an application for a variance hereunder, the city manager shall set a
time and place for a hearing before the city council on such application.Notice of such hearing
shall be mailed not less than ten (10) days before the date of the hearing to each owner of
property situated wholly or partially within three hundred(300) feet of the lakeshore site to
which the variance application applies, utilizing the mailing list provided by the applicant
and such other records as may be available to the city manager. Failure to give mailed notice
to individual property owners or defects in the notice shall not invalidate the proceedings,
provided a bona fide attempt to comply with this section has been made.
(d) No variance shall be granted by the city council without the affirmative vote of at
least four-fifths of the full council.
(Ord. No. 73, § 9, 7-11-83)
Sec. 6-24. Location restrictions.
No dock, mooring or other structure shall be so located as to:
(1) Obstruct the navigation of any lake;
331
i
§ 6-24 CHANHASSEN CITY CODE
(2) Obstruct reasonable use or access to any other dock, mooring or other structure
authorized under this chapter;
(3) Present a potential safety hazard; or
(4) Be detrimental to significant fish and wildlife habitat or protected vegetation.
(Ord. No. 73, § 3.01, 7-11-83)
Sec. 6-25. Construction and maintenance generally.
Docks, moorings and other structures may be constructed of such materials and in such a
manner as the owner determines, provided that they shall be so built and maintained that
they do not constitute a hazard to the public using the waters of the lake and they shall be
maintained in a workmanlike manner.
(Ord. No. 73, § 3.07, 7-11-83)
Sec. 6-26. Docks.
(a) No dock shall exceed six(6)feet in width and no dock shall exceed the greater of the
following lengths:
(1) Fifty (50)feet; or
(2) The minimum straight-line distance necessary to reach a water depth of four(4)feet.
0
(b) The width(but not the length)of the cross-bar of any "T" or "L" shaped dock shall be
included in the computation of length described in the preceding sentence. The cross-bar of
any such dock shall not measure in excess of twenty-five (25) feet in length. No dock shall
encroach upon any dock set-back zone; provided, however, that the owners of any two (2)
abutting lakeshore sites may erect one (1) common dock within the dock set-back zone
appurtenant to the abutting lakeshore sites, if the dock is the only dock on the two (2)
lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. No
more than one (1)dock shall be permitted on any lakeshore site.
(c) No person shall store fuel upon any dock.
(d) No oscillating, rotating, flashing or moving sign or light may be used on any dock.
(e) No advertising signs shall be displayed from any dock.
(Ord. No. 73, §§ 3.02, 3.03, 3.09, 3.10, 7-11-83)
Sec. 6-27. Mooring, docking,etc.,of watercraft.
(a) Except for privately-owned commercial resorts or commercial boat landings estab-
lished prior to July 11, 1983, no person shall moor overnight, dock overnight, or store
overnight more than three(3)watercraft on any lakeshore site or upon the waters of any lake.
Docking of watercraft at any lakeshore site or storage of watercraft upon any lakeshore site is
permissible however at any time other than overnight.
332
BOATS AND WATERWAYS § 6-45
(b) No watercraft shall be moored, docked or stored overnight on any lakeshore site or on
the waters of any lake unless the watercraft is either:
(1) Currently registered,pursuant to Minnesota Statutes chapter 361 in the name of the
owner of a lakeshore site on the lake or in the name of a member of the owner's
household; or
(2) Currently registered as a guest boat at any privately-owned commercial resort or
commercial boat landing located on the lake.
(Ord. No. 73, §§ 3.04, 3.05, 7-11-83)
Sec. 6-28. Swimming rafts,ski jumps, diving taverns,etc.
(a) All swimming rafts shall meet the minimum standards in this subsection. Their size
shall not exceed one hundred forty-four (144) square feet. Swimming rafts shall project over
the water surface not less than one (1) foot and not more than five (5) feet, measured
vertically, above the surface of the lake. Swimming rafts shall not be located in areas with a
depth of less than seven (7)feet. Swimming rafts shall be reflectorized as provided in subsec-
tion(b). Their distance from the ordinary high water mark shall not exceed one hundred(100)
feet.
(b) Swimming rafts, ski jumps, diving towers and other structures surrounded by the
40 waters of any lake, whether floating or on posts, shall be lighted with a light visible in all
directions,or have attached thereto sufficient reflectorized material so as to reflect light in all
directions. The material shall be capable of retaining eighty (80) percent of its dry weather
reflective signal strength when wet.
(Ord. No. 73, §§ 3.06, 3.09, 7-11-83)
Sec. 6-29. Fueling facilities.
Installation of fueling facilities on docks,moorings and other structures shall be prohibit-
ed.Any fueling facilities which were in active use prior to September 7, 1983,shall be deemed
to be nonconforming uses. No such nonconforming fueling facility shall be enlarged or altered
or increased or occupy a greater area than that occupied on September 7, 1983. Any noncon-
forming fueling facility which is partially or totally destroyed by any cause, may be restored
to its former use and physical dimension if said restoration is completed within one(1)year of
its partial or total destruction. Maintenance and necessary structural repairs of a noncon-
forming fueling facility are permitted provided that any such maintenance or repairs do not
extend, enlarge or intensify such fueling facility.
(Ord. No. 73, § 3.11, 7-11-83)
Sec. 6-30. Removal of seasonal docks,moorings,etc.
All seasonal docks, moorings and other structures shall be removed from the lake before
November 1 of each year.
(Ord. No. 73, § 3.12, 7-11-83)
Secs. 6-31-6-45. Reserved.
333
§ 6-46 CHANHASSEN CITY CODE
ARTICLE III. WATERCRAFT OPERATING REGULATIONS
Sec. 6-46. State law incorporated.
The provisions of Minnesota Statutes chapter 361, and the rules and regulations of the
state department of natural resources promulgated thereunder are hereby incorporated herein
and made a part of this chapter.
(Ord. No. 73, § 5.01, 7-11-83)
Sec. 6-47. Towing airborne vehicles.
No person shall tow any airborne vehicle with a watercraft.
(Ord. No. 73, § 5.02, 7-11-83)
Sec. 6-48. Operation near shoreline.
Operation of motorized watercraft within one hundred(100)feet of any shoreline shall be
limited to emerging straight out from and straight towards the shoreline, or slow—no wake
operation.
(Ord. No. 73, § 5.05, 7-11-83)
Sec. 6-49. Slow—No wake areas.
No person shall operate a watercraft in any marked slow—no wake areas in excess of
slow—no wake speed. Slow—no wake areas shall be marked in accordance with the applicable
regulations of the state department of natural resources.The location and boundaries of each
slow—no wake area established are shown on that certain map entitled Water Surface Use
Zoning Map of Chanhassen dated July 11, 1983, on file in the city hall. The map and all
notations, references and data thereon are hereby incorporated by reference into this article
and shall have the same force and effect as if fully set forth and described herein.
(Ord. No. 73, § 5.06, 7-11-83)
Sec. 6-50. Speed.
No person shall operate a watercraft at a speed which exceeds the following limitations:
(1) All lakes in marked "slow—no wake" areas, slow—no wake;
(2) Lake Ann,fifteen(15) miles per hour;
(3) Lake St. Joe, fifteen(15)miles per hour;
(4) Lotus Lake:
a. Sunrise to sunset, forty(40)miles per hour;
b. Sunset to sunrise the following day, fifteen(15)miles per hour;
(5) Lake Lucy:
a. Sunrise to sunset, forty (40)miles per hour;
b. Sunset to sunrise the following day, fifteen(15)miles per hour;
334
BOATS AND WATERWAYS § 6-55
(6) Lake Minnewashta:
a. Sunrise to sunset,forty(40)miles per hour;
b. Sunset to sunrise the following day,fifteen(15)miles per hour;
(7) Lake Susan:
a. Sunrise to sunset,forty(4a)miles per hour;
b. Sunset to sunrise the following day,fifteen(15)miles per hour;
(Ord. No. 73, § 5.07, 7-11-83)
Sec. 6-51. Motors.
The operation of motorboats which are propelled by an internal combustion engine is
prohibited upon Lake Ann.The operation of motorboats which are propelled by electric motors
is permitted upon Lake Ann.
(Ord. No. 73, § 5.08, 7-11-83)
Sec. 6-52. Direction of travel.
The operation of motorized watercraft at speeds in excess of fifteen(15)miles per hour in
other than a counter-clockwise pattern of travel is prohibited upon Lotus Lake.
(Ord. No. 73, § 5.09, 7-11-83)
ti
Sec. 6-53. Observer required for water skiers.
No person shall operate a watercraft on any lake, towing a person on water skis, aqua-
plane, surfboard, saucer, or similar device, unless there is in such watercraft another person
in addition to the operator in a position to continually observe the person being towed. The
operator of such watercraft must watch where the watercraft is being driven at all times.The
second person on board shall act as observer of'the person being towed.
(Ord..No. 73,.§ 5-.10, 7-11-83)
State law reference—Towing person on water skis, M.S. § 361.09.
Sec. 6-54. Tow ropes.
No person shall be towed on waterskis,aquaplane,surfboard,saucer,or similar device,by
a cable or other towing device longer than eighty-five(85)feet.
(Ord. No. 73, § 5.11, 7-11-83)
State law reference—Towing,M.S. § 361.09.
Sec. 6-55. Personal floatation devices.
No person shall be towed, or shall operate a watercraft towing a person on any such
device unless the person being towed is wearing a U.S. Coast Guard approved personal
floatation device.
(Ord. No. 73, § 5.12, 7-11-83)
State law reference—Personal floatation devices, M.S. § 361.141.
[The next page is 385)
335
July 8 , 1988
Barbara Dacy
City of Chanhassen
P.O. Box 147
Chanhassen, MN 55317
Dear Barbara:
As per our conversation on 7/8/88 , you will find enclosed a copy of a
letter presented to me from Marcia S . Rowland.
I hope this letter will assist in the complicated affair regarding
outlot A Kellynne. I again thank you for your time and attention to
this matter .
Sincerely,
/t4-1.frit
Lynn Hall
JUL 121988
CITY OF CHANkASSE,N
/-
(-
t
BRADLEY '\ . SOLHEIM
ATTOR%E- AT LAW
133 WES c;1:ST STREET
WACONIA MInavE SOTA 55387
April 2 1987
16121448-5535
85121442-2045
Mr. C. Russell Bohlmann
Omega Group
Hazeltine Gates Building
Chaska , MN 55318
RE: Outlot A, Kellynne Addition
Dear Mr. Bohlmann:
Pursuant to your request, I :nave reviewed your proprietary
rights in Outlot A, Kellynne Addition, Carver County,
Minnesota . I have personally verified with the Office of the
Carver County Recorder that you have a recorded fee ownership
of Outlot A. This ownership is in fee simple with recorded
perpetual easements over and across Outlot A in the owners,
heirs , and assigns of Lots 1 and 2 , Block 1 , and Lot 1 , Block
2, Kellynne Addition. As owner of Lots 1 and 2 , Block 1 , you
have two separate interests in Outlot A. The first interest is
your outright ownership of Outlot A. Then, pursuant to your
ownership of Lots 1 and 2, Block 1 , you have the recorded
easement rights over and across Outlot A.
In response to your question, you are free to do whatever
you wish with either your ownership and/or easement interest.
Should you wish, you can sell Outlot A to anyone you wish . The
property then would be transferred subject to any easement
interest existing at the time of transfer.
As to the easement interest, it is possible to extinguish
any and/or all of the three easement interests (Lot 1 , Block 1 ;
Lot 2, Block 1 ; and Lot 1 , Block 2 , Kellynne Addition) . T
so, the easement interest would be deeded to whomever was
do
desired. However, you would need to have the permission of the
easement owners and any other affected parties . Affected
parties may include lenders, if they base their loan on the
value of the collateral, and the easement right to Outlot A
may materially affect the value. For example, if construction
was started on Lot 1 , Block 2, and there is any construction
loan still remaining for that, the lenders approval would have
to he obtained. Similarily, if there is a mortgage on the lot
from which the easement is going to be transferred, the
lender ' s approval would also have to be obtained.
Should you have any additional questions, please feel free
to contact me. Thank you.
Sincerely;
r /
July 21, 1988
Don Ashworth/
Joanne Olson/
Barb Dacy
City of Chanhassen
P.O. Box 147
Chanhassen, MN 55317
RE: Boat restrictions for Outlot A,
Kellynne Division, Lake Minnewashta
The purpose of this letter is to state our position on the
boat restrictions for Outlot A, Kellynne Division, Lake
Minnewashta. We wish to elicit the support of the City of
Chanhassen to clarify this situation. I would like to in-
form the City of Chanhassen about the history of the use of
Outlot A and the present situation.
We purchased Lot 3 , Block #2, in June, 1985 from Michael
Schachterle. After a very thorough investigation of the
covenants and after speaking with the City Engineer, Bill
Monk, we were informed that Outlot A was intended to provide
an access to the shore of Lake Minnewashta. The City of
Chanhassen's intention, according the Mr. Monk, was that no
boats could ever be parked or docked on Outlot A or in the
waters of Lake Minnewashta. This intention is supported by
the covenants for Kellynne Division.
The previous owner of Lot #1, Block 1, Cliff Bohlmann, who
was the fee owner of Outlot A from 12/22/81, sold his prop-
erty and the fee ownership of Outlot A to Lyn Hall on
6/23/88. Before 6/1/88, neither Mr. Bohlmann nor any other
individual had ever parked a boat on Outlot A or in the wa-
ters of Lake Minnewashta off of Outlot A. The signed let-
ters from John Merz and David Tester can attest to this
fact. The following is a summation of the boat situation on
Outlot A since June 1, 1988:
June 12, 1988 - Lyn Hall's boat was parked in waters of Lake
Minnewashta 2 :OOpm-7: OOpm, (anchored on Outlot A) .
June 16 - Lyn Hall's boat was parked permanently in
Minnewashta off Outlot A.
June 17 - The City of Chanhassen was contacted. After look-
ing over the covenants, Assistant City Planner, Joanne
Olson, stated that no boats were allowed to be parked or
maintained on Outlot A. She stated that a city officer--;'-'-:-.)
would be sent to issue a warning to the boat owners.
wilt
L 2 5 1988
June 20 - A warning citation was issued.
;ANI
C
Since then the boat has remained moored with buoys in two
feet of water off of Outlot A. Mr. Hall's contention is
that as long as he does not violate the covenants by placing
any anchors or other personal property on Outlot A, he can
moor his boat in the lake with buoys.
Our position is as follows:
We want the boat removed for the following reasons:
- As lakeshore taxpayers, we pay premium taxes for
the right to dock a boat. The intention by both
the City and the covenants was not to allow any
boats on Outlot A or in the waters of Lake
Minnewashta off Outlot A (See covenants) .
- Allowing a boat on Outlot A will have an adverse
affect on the value of our lot and home on Lake
Minnewashta.
- The narrow outlot (20' at lakeshore, 10 feet oth-
erwise) is too narrow for boat placement. Main-
taining a boat on Outlot A is against the inten-
tions of the City of Chanhassen.
Since the City of Chanhassen is currently clarifying an or-
dinance for mooring boats with buoys on Lake Minnewashta,
now is the opportune time to correct obviously detrimental
situation to lakeshore owners and the City of Chanhassen.
We strongly suggest the City of Chanhassen include wording
in the ordinance to require either:
1) A minimum lot requirement (i.e. 50 to 75 feet of
lakeshore) for lakeshore owners who intend to moor a boat
with buoys.
2) Preferably, no mooring of boats whatsoever on Lake
Minnewashta for association lots or outlots.
We believe Lyn and Kae Hall were misled in this situation by
the previous fee owner, Cliff Bohlmann. As taxpayers, we
expect your support on this matter. If Mr. Hall is to have
any legal recourse against Mr. Bohlmann for misrepresenta-
tion, I'm sure he would like to proceed as soon as possible.
Please respond with your position to this situation as soon
as possible.
Sincerely,
Dave and Sally Peterjohn
3921 Hawthorne Circle
Excelsior, MN 55331
474-7086
c
TO THE CITY OF CHANHASSEN:
Prior to June 12, 1988, there has never been a boat docked
or moored on Outlot A, Kellynne Division, or in the waters
of Minnewashta off of Outlot A. We can attest to this fact
back to June, 1979 when the Kellynne addition was formed.
As co-owners of Lot 2, Block 2, Kellynne addition, we would
like the City of Chanhassen to enforce the intent of the
Kellynne addition covenants with the new mooring restric-
tions presently being developed
/1
7 411,
JOH P. AND MARY ANN MRZ DAVID L. ,AND MARY TESTER
3900 Lone C-dar Circle 3897 Lone Cedar Circle
Chanhassen, MN 55317 Chanhassen, MN 55317
474-6931 474-6527
AWN
c c
•
COVENANTS
•
James K. McCleary and Carolynne McCleary, his wife, owners of land described
as Lots 0C2) 3 and 4, Block 1, and Lots 2, and 3, Block 2, Outlot A •
Kellynne, Carver County, Minnesota, for the purpose of creating and specifying
the rights of the owners of certain,of the above -described lots over said Out lot
A, hereby covenant as follows:
1. The owners and their heirs and assigns of Lots V and® Block 1, and Lot
Block 2, Kellynne, Carver County, Minnesota, shall have a perpetual easement
• over and across Outlot A, Kellynne to the shore of Lake Minnewashta; provided,
however, that no such person shall construct or maintain any dock, pier,'boat
slip, boat lift or hoist, either on said Outlot A or in the waters of Like
Minnewashta between the easterly extensions of the north and south boundaries of
said Outlot A; nor shall any such person drive any motorized vehicle on or over
said Outlot A.
2. No person shall cause or allow to be parked, stored or placed upon
Outlot A any vehicle, trailer, boat, structure or personal property of any kind
whatsoever whether or not a part of the real estate.
3. The owners and [heir heirs and assigns of said Lots(1)and, Block 1,
and Lot& Block 2, Kellynne, shall ma_ i_nt_ain_said Outlot A and keep it free of
noxious weeds, trash, litte_r_And_garbage, and shall keep_any&raa.s._thereon
•mowesL
All owners of Lots and�2, Block 1, and Lot) Block 2, and each of them,
are obligated to maintain said Outlot A according to the terms of this covenant,
and said obligation may be enforced in any court of jurisdiction by the City of
Chanhassen or by any owner of Lots 3 and 4, Block 1, and Lots 2 and 3, Block 2.
As an additional remedy, the City of Chanhassen or any owner of Lots 3 and 4,
Block 1, and Lots 2 and 3, Block 2, may recover by action in' a court of juris-
diction from said owners of Lots 1 and 2, Block 1, and Lot 1, Block 2, or any of
them, all amounts reasonably expended by the party recovering for maintenance of
Outlot A as sel forth herein if said expenditures were made after seven (7) days
from written demand upon any such owner of Lot 1 and 2, Block 1, and Lot 1,
Block 2.
r
1.
•
•
•
4. These covenants are for the mutual benefit of all owners of land in
Kellynne, Carver County, Minnesota, and the casements herein shall remain
,
forever for the benefit of and encumbrances against Lots 1 and 2, Block 1, and
Lot 1, Block 2, Kellynne, Carver County, Minnesota.
WHEREFORE, the undersigned have hereunto set their hands on this 14 day
of June , 1979.
James K. NcCd, y
'
• _ Carol nne McCleary ary
OREGON
STATE OF
)8B.
COUNTY OF WASHINGTO$
The foregoing instrument was acknowledged before me this 14 day of June,
1979, by James K. McCleary and Carolynne McCleary, husband and wife.
James K. McCleary and Carolynne
McCleary, husband and wife.
BY Al fidd_fimadidf /
\• _ Karlena Thoma
Signature of person taking
acknowledgment.
Commission Expires' May 30, 1982
NOTARY STAMP
OR SEAL
Drafted by: Grathwol, Ploetz 6 Oberhauser
1421 East Wayzata Blvd. '
Wayzata, MN 55391
OFFrro OF COUNTY RECORDER
SIAn 0 tl;.•t';y4TJk '
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was gists 4a i; d fn Wei .1)0,,do bbe
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•
42?
•
CITY OF
A. CHANHASSEN
a1‘')'
690 COULTER DRIVE •• P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
�' y `'" (612) 937-1 900
MEMORANDUM
TO: Barb Dacy, City Planner
FROM: Lori Sietsema, Park and Recreation Coordinator /
DATE: September 7 , 1988
SUBJ: Park and Recreation Commission Discussion of Boat & Raft
Mooring
The Park and Recreation Commission initially discussed Carver
Beach Park along Lotus Trail last April when they directed staff
to have personal property stored on parkland, removed. At that
time there were a number of boats, fishing equipment and a raft
stored on park property. Additionally, the Commission questioned
whether the mini beach should be maintained with the big beach so
close.
Staff took appropriate measures to have all boats removed from
the parkland. Upon investigation of the City Code, it was deter-
mined that the raft was not prohibited from being anchored off of
park property. The Parx and Recreation Commission determined at
that time to maintain the mini beach, and to upgrade the entire
Carver Beach Park along Lotus Trail through the 1989 CIP.
Park property has been removed from the tax rolls and should be
enjoyed by all residents equally. Allowing parks to be used by a
select few for their personal use would be discriminatory. Yet,
allowing every resident to store or moor their personal
belongings on park property would certainly be a difficult
situation at best. Therefore, the Commission felt that the City
Code should clearly reflect such.
Recommendation:
The Park and Recreation Commission has recommended that the City
amend the City Code to prohibit the mooring of boats out from
park property, the storage of personal property, and the mooring
of privately owned rafts or docks out from park property.
Park and Recreation Commission Meeting
April 12, 1988 - Page 35
Ar-
Mady: One last item, the change to the capital improvement program, are
they going to be our agenda next time? '
Sietsema : Yes . They've been pulled twice, because I couldn ' t figure out
how to get my new machine and Don was in the hospital .
Lynch: I 'd like to ask for a motion for a staff directive. I toured the
Carver Beach trail and I 'm over there quite often,- and they've dumped two
more loads of sand on that place. They continue to develop the beach .
The two loads are up by the street. There are two dumptruck loads
obstructing any possible trail at this point. That floating dock
platform is pulled up on the beach on that site. There is a canoe and a
boat. One on the trail further down in the woods towards Carver Beach,
none of which are supposed to be there.
Sietsema: Before you make a motion, can I make a comment? Maintenance
staff put the sand there. I drove by one day last week and noticed the
pile of sand. I checked with maintenance and the street department said
that they replaced the sand that was washed away during the big storm
last summer.
Lynch: There' s too much sand there. You can ' t have a trail . There is 2
feet of sand from last year over the top of the chips. You have to dig
down in the sand there like I have to find where we had a trail . That ' s
not the most sand that' s gone in there but right now there' s way too much
sand . . . .they can get a cable on it now with a tow truck and pull it
right up and haul it off because now they' re using illegal lake use.
It' s on park property right now.
Sietsema : So you want the boat removed and the raft removed and what was
the third thing?
Lynch : Well , the sand removed and I 'd like to see them go in there with
a backhoe and pull a lot of that sand out of there. It requires that
they bank that , put some timbers in or whatever they have to do to keep
that from falling over, that' s a city road crew maintenance problem but I
don' t want it on a trail . I want the two boats that I saw and if there' s
any others out there in Carver Beach and the old access , I want them
confiscated. They' re illegal . They' re not supposed to be there and then
I want that boat platform pulled out. Now generally, they' ve gotten it
out to the middle of the lake, it is difficult to get there. Staff would
actually have to go out there on the lake and pull it in which would be
an extremely difficult job.
Sietsema : I checked with Scott Harr because I did talk to him about,
there is another one on the other end too and I did talk to Scott Harr
about it and explained to him that it wasn ' t supposed to be there. I ' ll
check with what the status is and try to light a fire under him.
Lynch: We tried it before and there ' s no way to identify it. In the
past, if you know who' s boat it is, I want them out of there so that' s my
Park and Recreation Commission Meeting
•
April 12, 1988 - Page 36
4: motion anyway.
Lynch moved, Mady seconded to direct staff , within the next two weeks ,
staff get the sand off of the trail on the Carver Beach and to remove the
two boats and raft from the trail . All voted in favor and motion
carried.
Boyt : I don' t think we should take excuses of wait until we find
someplace else to put it because that's happened. There' s Novak-Fleck
sign on the parkland and I asked them if they'd move the Novak-Fleck
sign. Well, we don't know where to move it so it's going to take a
little while. There choise is either park property or their property and
park property isn' t an option. I think you should just get the boats
out. Just take them.
Sietsema: They did that with another last year that was left , chained to
a tree down at the South Lotus Lake boat access and one of the park guys
got a nice new boat .
Boyt : I think it should be impounded and them put up for public auction.
Mady: They should go to public auction.
Sietsema : Yes , Jim knows what the legal thing to do is and they held it
for a number of weeks and nobody claimed it and then they did whatever
they were supposed to .
Mady: One last thing , do you want us to make a motion on the sign?
Boyt: No.
Mady: It' s being handled?
Boyt: Yes .
Hasek: I 've got one that ' s just a discussion item and that' s all . We
finally did get something done with our over 35 league. It took 5 or 6
votes I think it was but I think in 2 years we are going to have a legal
over 35 league in the city and it' s just going to be nice. I think there
was item in that whole package that related to not going to state
tournament if you got some sort of a penalty. Do you have that
someplace? We should consider that too. A lot of cities will not allow
you to get into the league the next year if you don' t get your team in
the state tournament . They just try and that ' s it .
Hoffman: All those teams, all the 15 teams will have a team that is
eligible to post season tournaments .
Mady: Some of those teams just will refuse to go. They' ll get the berth
and then refuse to go. Don' t have enough guys that get off of work or
whatever it is .
,,)
CITY OF
,/,.. .
c . .,
,..,,
N N, CHANHASSEN
A .1 ,
' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
yam. (612) 937-1900
MEMORANDUM
TO: Park and Recreation Commission
FROM: Lori Sietsema, Park and Recreation Coordinator
DATE: April 21, 1988
SUBJ: Lotus Trail Clean Up
At the last meeting, staff was directed to check out illegal boat
and raft storage on park property along Lotus Trail. Public
Safety is in the process of identifying and contacting the owners
of the boats and will be removing them if the owners do not do so
ir in an reasonable amount of time.
The Commission also expressed their concern over the sand that
was dumped on the park property. I asked public works and main-
tenance why it was done and they indicated that there has always
been sand in that area. The sand was replaced when it washed
away after last summer' s big storm.
This strip of park land is heavily used by the residents in the
neighborhood and many swim at that sandy area. I talked to some
of the residents in the area and conveyed to them that the City
is happy the park is being used; however, storage of personal
property is not acceptable. I said that I would relay to the
Commission, the neighborhood' s desire to keep the sandy area
along Lotus Trail.
It is the recommendation of this office to continue to have boats
and rafts removed from the park area, but to leave the sandy area
in tact and to construct the trail around it.
cc: Scott Harr
i
Park and Recreation Commission Meeting
April 26 , 1988 - Page 32
4:
Boyt : There ' s a park next to the development . I wasn' t aware of it .
Mady: How big is it? We' re talking 384 acres of development with a 7
acre park. 340 acres with 3 lots per acre is . . .
Boyt: There's a different philosophy in Chaska about development in
that, from what I 've heard , I know the City Planner there you accomodate
the. . .as much as possible.
Sietsema : I think that is comparable in size. If all of that does get
developed, there is a lot of question of what actually is going to happen
there with the road alignments of TH 212 going through and the
realignment of possibly TH 41 and different things. If it were to be
developed as proposed , it' s very comparable to what Lake Susan Hills West
is in size. We required 37 acres and they' re requiring 7 .
Boyt : It' s a difference in philosophy.
Sietsema : We can' t make them do anything .
Boyt : Other than express our concern.
Mady: They understand that we want to be accomodating neighbors whenever
possible and if they' re going to take the position that they don ' t think
they need the parkland there, we 've got to work together as cities. This
is telling me that they don' t care . I care a great deal about it .
Boyt: It was suggested by their planner that we meet with them. The
Chaska Park and Rec Commission .
Sietsema : I think it would behoove us too to make sure that we know what
the other parkland in the area is. To go in there and act like we know a
lot more about it and they' re not doing it good enough. People get a
little offensive to that. I will talk to John Redman and ask him what
their existing parks are and express that we have a concern that it' s not
going to be enough and tell them what we' ve done in Lake Susan Hills
West. I ' ll let you know what the outcome of that and possibly we can
meet. I don' t know how far they are in their process . If they've
already gotten preliminary approval . . .
Boyt : Even if they' re through with it, I think it would be helpful to
meet with them sometime.
LOTUS TRAIL CLEAN UP.
Hasek: I think the real issue here is the sand isn ' t it?
Mady: There are a couple of issues here. The sand and the storage.
Sietsema: The boat storage, word got out right away that we were going
to be removing boats or notifying people so those boats got out of there.
There is still one canoe and Scott ' s going to tag it and give them a
Park and Recreation Commission Meeting
April 26, 1988 - Page 33
reasonable amount of time to get the canoe out of there and if they don' t
them we will remove it. Scott' s philosophy, Scott Harr is the Code
Enforcement Officer so he' s in charge of this area and his philosophy is
let' s not play hardball right away and go and take their boat and make
enemies but give them some notice and do it in an appropriate manner . If
they consistently store their boat there when they know full well that
it' s not a legal thing to do , than we can get nasty about it. So he will
be tagging it. He told me that he would be. I don 't know if it ' s done
yet and I ' ll follow up on it and let you know.
Mady: I drove by there tonight. The canoe is no longer down there.
However , the raft is out in the lake now.
Sietsema: We have no ordinance to prohibit that.
Mady: There is a license requirement on rafts . That is out from public
property. You can' t have a raft outside of your front land so that means
that it ' s our raft .
Sietsema: Where do you know that?
Mady: I drove by it today.
Sietsema : How do you know that they can ' t have a raft out there?
Mady: It 's just like parking a boat. You can' t do it.
Sietsema : I looked it up today because Roger Burn came in and he wanted
to know why he couldn' t have the raft there and wanted to see the
ordinance and Barb and I spent a considerable amount of time looking it
up and there is absolutely nothing in the ordinance that we can find that
says you can ' t have a raft out in the water . It ' s public domain and as
long as you have it deeper than 7 feet and it ' s not too high and it ' s not
too low and it ' s got reflective license on it and it meets all those
requirements , you can pull that around the lake and put it anywhere you
want . You can put it out in front of your house . Anybody' s house . We
have nothing to say about it as long as they don ' t store it on park
property.
Mady: Can you check with DNR on that?
Sietsema: I will .
Mady: I don ' t think that raft is legal . I really seriously don ' t. Does
it have a city license on it?
Sietsema: It doesn ' t have anything to do with the City.
Mady: My raft on Lotus Lake has a little tag issued by the City that was
required when we purchased it . I believe it was $5 . 00 for the beachlot
ordinance and I believe that one has to have the same thing. If nothing
else , we have a serious safety situation down there . I read through this
thing , these people think they've got their own private little beach.
Park and Recreation Commission Meeting
April 26, 1988 - Page 34
4:
It' s not marked . If the city owns the land there and this is a city
beach, then we have to have it properly maintained and we have to have it
properly designated and marked . There are no swimming bouys out there
yet our water surface rules require that I believe. It ' s within two
blocks of another city run, safe swim beach. I have some real serious
problems with this thing and I talked to Mike Lynch Monday night and he
was furious with what' s going on down there . I think we' ve got to take a
good hard look at this thing. If we allow any resident and he decides
that he wants to put sand and swim off of any given point and put out a
raft.
Sietsema: The resident didn't put the sand there though. The City did
because it was, I checked with Jerry Schlenk and Dale about why the sand
was there and they said because there has always been sand there and when
a lot of it washed out in the big rain last summer , that they replaced
it. There wasn' t a trail there before though Jim. It was always sand
there.
Mady: A nature trail went right through there. Right now there ' s a
mound of sand that high. There ' s no trail right now.
Sietsema: There wasn ' t a trail their either . It led to there and it
stops at that sandy spot and it went on. There was never a trail through
the sand .
Mady: All the sand on Lotus Lake has been placed there by people . The
lake has no sand bottom.
Sietsema: But what I 'm saying is that the trail that was there was put
in after there was sand there. There was never a trail across that sand.
It led up to that sandy spot and it started up as soon as that sandy spot
quit because there always was a sandy area there. Whether it ' s natural
or whether it was put in by somebody else , since the City has ever taken
it over from the homeowners , there ' s always been a sandy spot there. I
guess I 'm jumping from side to side on this one because my first reaction
is they can ' t use that public property as if it was their own to store
their boat and put out their own dock and raft and stuff but from the
research I 've done so far , I haven' t found any reason why they can 't have
a raft. They can not put up their own dock and I let them know now that
they can' t store their boat there but other than that it ' s city property
and we ' ve been encouraging people to use city property, park property
everywhere else. If they' re using it and enriching their lives on city
property, park property, why not let them? Why not? They feel it ' s the
safest spot to swim there than at the narrow spot.
Boyt : If it is a swimming beach, then we need to make the steps to the
lake there.
Hasek : Maybe the question is , is it a swimming beach? If we put stuff
out there then we ' re encouraging swimming . Maybe it should be boats and
no swimming . What is the criteria? What do you want to do with it? I
guess the other , the dock I 'm still a little confused. I can see it
maybe within the ordinance there' s nothing we can do about putting it out
Park and Recreation Commission Meeting
April 26, 1988 - Page 35
r
there but I was under the understanding that the dock was actually stored
on the park.
Sietsema : Yes , the raft was pulled up. I told them that they can ' t
store the raft on the park property but it ' s out in the water now. As
far as I know, I can' t do anything about that .
Hasek: I guess what I 'm saying is , next year , if that raft shows up this
fall on park property, my suggestion is , if we really have a problem with
that, is to take the thing and dispose of it.
Sietsema: We can tag it. Public Safety would handle it. They would tag
it that it has to be removed within a certain amount of time and if it
isn' t, then we would remove it .
Hasek: Is that what we would do with like a fishhouse that was stored
down there?
Sietsema : Yes .
Mady: If you check with the DNR, I don ' t believe that raft is legal .
I don' t think you can place things in the water anyplace you wish to
place them. They can only be a certain distance from shore.
Sietsema: That ' s right and he knew all about that and I ' ll check with
DNR.
Mady: That sandy spot can ' t be more than , it ' s 15 yards wide. That ' s
the length of it and then towards the road maybe it comes back 10 feet.
It ' s just a very, very narrow spot and to tell people they' re going to
swim there when we have a marked beach just down the lake.
Sietsema : I understand that . I 'm not saying that we should promote
swimming there. All I 'm saying is , do we want to prohibit them? Do we
want to put up a bunch of signs now that say no swimming along this whole
shoreline?
Mady: What we 've done is we ' ve just thrown some more sand down there for
them. We dumped it on top of the hill .
Hasek : I guess I was under the understanding that it was the maintenance
crew's suggestion or solution to an erosion problem.
Sietsema : No , that was wrong . The correct answer is that it was washed
out in the big rain so they replaced the sand that got washed away.
Schroers : Where did they get that sand from?
Mady: The City put it there.
Schroers : Yes , but where did the City get the sand from? Did they just
go to a pit someplace and buy a few truckloads of sand and take it over
there and dump it?
Park and Recreation Commission Meeting
April 26 , 1988 - Page 36
C
Sietsema : I really have no idea where they get the sand .
Mady: It didn ' t come out of the lake .
Schroers : Yes right but did they get some direction from somewhere to do
something like that?
Sietsema : No, maintenance thought of it . Maintenance saw that it was a
gully all washed out and decided to go and replace it.
Mady: What they've done now is dump sand at the top which was dirt and
it still is underneath that on either side of the mound of sand.
Basically it extended the beach up to the road now.
Hasek: Maybe what we should do is just put this back a little bit and
I ' ll go take a look at it and try and decide what we want to do. I
haven' t seen it. It sounded to me originally as though the solution, the
sand there was a solution to a problem which didn' t bother me at all but
now it sounds like really what we have is an issue.
Sietsema : There' s a lot of issues with this whole strip. One person who
lives right across from the park mows it themselves . The part that ' s
right directly in front of their house so I think we need to look at the
whole piece of property and decide how we want it to be maintained and
how we want it be used . Do you want it to just grow natural and not
invite anybody to use it or do we want it to be like a boulevard. The
only thing I can think of that ' s similar to it would be like Lake Calhoun
is only there is no trail system in there right now. There' s a nature
trail that ' s kind of overgrown right now. But do we want it to be a nice
boulevard type that encourages people to go and use it? It is park
property and it has been our philosophy to encourage people to use park
property. Again, we don ' t want to encourage them to store their boats
and they know that they have to launch their boats at the public access
and they do. They may hand carry across but I don ' t really have a
problem with that .
Mady: How do have consistency? Last year we looked at the fire lane
which is directly across the lake from this little piece of property. We
told all those people that even though it was city property at that time
that they shouldn' t be swimming down there. They shouldn ' t have their
canoes down there. They shouldn ' t have all this and that down there.
Sietsema: That 's a different situation because it ' s not park property.
Mady: The way this sounds, this isn ' t being maintained as park property.
I have a real problem with anybody taking care of park property other
than city employees . There' s a liability problem. There ' s also a
problem, that person thinks it ' s hiw own private land and he maintains it
as he wants .
Hasek: Maybe what we should do is take a look at it . How long would it
take us to walk the problem area that you ' re talking about?
Park and Recreation Commission Meeting
April 26 , 1988 - Page 37
(7
Sietsema : We could go down there at 7: 00 before our next meeting .
Hasek: I 'd like to do that I guess .
Mady: I 'm still a little upset and I 'm voicing both my comments and
Mike' s comments that two weeks ago we asked staff to get that boat ramp
removed because we asked for it a year before and the year before we were
told it' s out in the water, we' ll wait until it comes back in again. Not
it' s back out there again because somehow those people all got a wind of
it and got it done and I believe part of it is because there is at least
one person on city staff who lives close by and that ' s become that
person' s private little beachlot. I feel we have a real serious problem
by allowing a given neighborhood to decide how the park property, they
can set that aside as their public beach when we already have one beach
on the lake that is very close to it . Everything I see is not legally
set up the way it should be. It ' s not wide enough in way, shape or form
to be a public beach . It ' s not a safe situation in having residents take
over public property.
Hasek: Did I hear you say you called the DNR?
Hoffman: Yes , on the raft. They don' t have any jurisdiction over rafts
on lakes . It ' s the County Sheriff that license them and they do need to
! be licensed through the County Sheriff and if they are not , they can be
ticketed . They need to have reflectors on all four sides and a license.
Mady: So what you' re saying is , any citizen of the City of Chanhassen
can go to a public park and put a raft out . That to me is ludicrous . I
can ' t believe that ' s allowed .
Boyt : If there ' s concern about this you could contact City Council and
say would you consider an ordinance?
Mady: Yes , but I can ' t believe there isn ' t one existing . Otherwise , you
can put ski jumps anyplace you want . You can put anything you want
anywhere .
Hasek: Most of the regulations are directed at beachlots though aren ' t
they? Most of the ordinances and the regular resident can have 15 boats
and 10 diving rafts .
Boyt: No .
Hasek: They can have substantially more than beachlots .
Boyt: Those with riparian rights can have . . .
Boyt: I don ' t think they' ve addressed those without lake rights .
Mady: This whole thing is ludicrous to me the way it ' s all set up. We
need more information to look at it .
Park and Recreation Commission Meeting
April 26 , 1988 - Page 38
(7
Hasek: Maybe what we should do is take a look at the ordinance and see
if we' ve got a problem with it. Maybe there is a loophole in it.
Sietsema : Do you have direction to staff for what you want done?
Hasek: I personally like to take a look at the park first of all . If
we' re going to act on that , I 'd like to know what ' s going on down there
myself.
Mady: I know right now there' s a tree stump right down there . There ' s
somebody throwing their minnows in the water right there. I don' t know
what the specific regulations are there but I know if you ' re a duck
hunter you can ' t leave your decoys in a public area overnight. It seems
to me it would apply to minnow buckets and boats any anything else . I
guess probably I 'm upset about what ' s going on up there and I think it
needs to be cleaned up. It' s a mess . It ' s an eyesore and it ' s the
citizens who live right there who think it ' s there to do what they want
with it . Let' s put it on the agenda for next meeting and go down there
and look at it. Hopefully we' ll have something accomplished here.
Hasek : Maybe what you should do is kind of take that one on your own and
give them a call and see what' s going on.
Mady: Otherwise , if you could do it outside the Hennepin County Park,
one of their beaches and put my own raft out in front of it.
Hasek: I think what the point is , at least they considered if you
carried it across the park, which we don' t approve, and then stuck it in
the water and there ' s nothing keeping them from putting it in the water
anyplace they want to because it ' s exactly what the ordinance allows.
Then what we have to do is change the ordinance.
CLARIFICATION OF CONFERENCE POLICY.
Sietsema : Does anyone have any questions on that?
Hasek: When is the next one coming?
Mady: This fall in Bloomington . The last one was in Duluth I believe .
COUNCIL ACTION ON LAKE ANN PARK PARKING FEE.
Mady: Any bright ideas?
Hasek: Both of them. I don ' t know that the suggestion of moving the
house really changes what I felt about the park down there. If it' s
parking fees , if they' re fees specifically for boats or those things that
are beyond the ballpark, that doesn ' t bother me. I just can ' t see giving
up what we ' re getting to maintain that park. To a lot of people that
doesn' t seem like much but I think there ' s some comment in here, I don ' t
CITY OF
1:i NBAssEs
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
is 4 (612) 937-1900
MEMORANDUM
TO: Park and Recreation Commission
FROM: Lori Sietsema, Park and Recreation Coordinator
DATE: May 6 , 1988
SUBJ: Carver Beach Park along Lotus Trail
Swimming Raft
At the last meeting , staff was directed to research further the
legality of a private individual launching a swimming raft off of
park property. I have discussed this issue with the County,
Department of Natural Resources , and Jim Chaffee, reviewed the
Park Ordinance and Water Surface Use Ordinance and have found
nothing that specifically prohibits such. Staff has referred
this item to the City Attorney, Roger Knutson, for clarification.
I will update the Commission as soon as an opinion is rendered.
Mini Beach Area
I have discussed this item in detail with Don Ashworth. It is
his recollection that the homeowners put in the mini beach just
south of the old boat access in the early 1970 ' s. At that time,
staff felt it was a liability and recommended to the Park and
Recreation Commission that the mini beach be removed as another
beach was located just two blocks away. The Park and Recreation
Commission reviewed this item at that time and moved to allow the
mini beach. Such has been in place and used by Carver Beach
residents ever since.
General Area
I have reviewed the file on this park property extensively and
have found a lot of correspondence between the residents in the
area and the City. Private individuals are not allowed to store
personal property along the shore. The only person who has City
approval to do so is Mr. Gordon Tock who has lived there for 30
to 40 years and is handicapped. Residents have also been
notified that they are not to clear the park property.
Park and Recreation Commission
May 6 , 1988
Page 2
It is the recommendation of this office to budget money in 1989
to improve the Carver Beach park along Lotus Trail bollards along
the road as necessary, reclaim the trail and promote its use.
Additionally, the area should be patrolled regularily to see that
illegal boat storage is prohibited. Staff will submit a recom-
mendation at a future meeting regarding the swimming raft,
pending a legal opinion.
1:
)
CHANHASSEN PARK AND RECREATION COMMISSION
(7 REGULAR MEETING
MAY 10, 1988
Chairman Mady called the meeting to order at 8 : 00 p.m. .
MEMBERS PRESENT: Ed Hasek, Jim Mady, Larry Schroers , Curt Robinson and
Carol Watson
MEMBERS ABSENT: Sue Boyt and Mike Lynch
STAFF PRESENT: Todd Hoffman, Recreation Supervisor
REVIEW VISIT TO CARVER BEACH PARK ALONG LOTUS TRAIL.
Mady: Todd, there' s no action required at this time on Carver Beach?
We' re pending some information from Roger Knutson , the City Attorney.
Robinson: What is that?
Mady: He ' s checking to the legality of having that private raft out in
front of the parkland.
Hoffman: On number 2 there Curt. It' s got a little review paragraph on
each one. The swimming raft, the mini-beach area, general area and a
recommendation. On the swimming raft , we ' re waiting from Roger Knutson
for clarification. On the City' s , what we can do about it. Actually the
Carver County Deputy were the ones that oversee that . The DNR does not
have any part in it.
Mady: From what I ' ve seen down there , I think we need to come up with a
plan. That whole linear park area . To me, after seeing how nice it is
down there , there ' s no reason for us to say let ' s take this out , put this
in. Let' s kind of take a look at it and come up with a plan in the next
few few minutes . I 'd like to see up at Carver Beach have the bollards
installed. Get the parking area marked off. It doesn ' t look like we had
very many problems last year . There ' s no reason that I can see to not go
forward with our plans to put the bollards in place , mark off the parking
area and make a little notice of what it i.s there .
Robinson: For the record you probably should indicate that we did get
some input from a gentleman who lived across from the old beach. He
approached us that we should do something. It ' s a darn nice park area and
we should do something . Put some money in there and let people park down
there. He had a suggestion or a couple possibilities of a fishing dock
and a canoe rack. I think his points were well made .
Mady: Did anybody get his name?
Hoffman : No . I didn' t ask.
Mady: He had some real good suggestions . He was in favor of parking
along one side, he suggested parking along one side of the road. Ask that
we try to clean up the park. It was nice hearing from him.
. , 6).
CITY OF
c , _
\ 1 , CHANHASSEN
, ; _a ,
, 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO: Park and Recreation Commission
FROM: Lori Sietsema, Park and Recreation Coordinatorio
DATE: May 31, 1988
SUBJ: Carver Beach Park Along Lotus Trail
This item has been the topic of discussion at a number of recent
Park and Recreation Commission meetings. I have placed it on
this agenda to get clear direction as to what action staff is to
take.
The Commission walked the site and viewed the area. At that time
it was discussed that landscaping and additional maintenance
should be done at the site. Staff will need specific direction to
proceed, i.e. take out the mini-beach?; mow the entire site? ;
what types of plantings?; etc.
As I stated in my last memo, I contacted Roger Knutson regarding
the legality of the raft out from the mini-beach. Roger found
nothing in any of the ordinances that prohibits this raft from
being placed there; however, he said that the Water Surface Usage
Ordinance could be amended to include such.
Staff feels that the Commission should weigh carefully the pros
and cons of removing the mini-beach and what is the objective of
doing so. The mini-beach was approved by the Park and Recreation
Commission in the mid-1970 ' s against staff recommendation. The
residents of this area are very possessive of the park ( something
which is usually encouraged) and will fight very hard to keep the
mini-beach. I bring this to your attention only to make you
aware of the potential heated debates.
Staff has contacted the Public Safety Department about the con-
tinued storage of boats along Lotus Trail on park land. This is
not a permitted use and Jim Chaffee indicated he would take
measures to remove them if necessary.
Park and Recreation Commission
June 14 , 1988 - Page 30
C
everything . We don ' t know what to do with them. I don' t know how to get
rid of them.
Mady: We' ll just have to let nature take it' s course and hopefully Dale
can reduce the weeds in the park in both of those hockey rinks.
Hasek: So really what we' re looking at if we want to do that for soccer
would be we' ll have to treat it and just try and establish seed in there.
My kids play in there and it' s an ideal thing for kids. They don' t have
to chase that ball around.
REVIEW CARVER BEACH PARK.
Hasek: I guess the interesting thing about this was that the main beach
was approved by the Park and Recreation Commission in the mid-70' s so it
was established on approval . The only problem- that I have with it is the
way that it' s acquired sand . It was put in there, it was my
understanding the staff put it in there.
Sietsema : Street maintenance . It wasn ' t for a drainage problem. It was
because it was washed out during the big storm last year . The sand that
was there was washed out so they just put more sand to replace it.
Hasek: That' s just in-house maintenance. If we have a problem with
that park we shouldn' t allow that to happen.
Lynch: My problem with it was just like maintaining a private park.
Hasek: It ' s not really. It ' s not really private. It ' s certainly less
public than some of the other places but it' s on the street. The access
is right off the street.
Hoffman : If you had parking there , there would be a continuous shore
fishing there.
Lynch : I ' ve been told several times when I was over there that I was
standing on private property. They tell people to split. There' s no
parking . There ' s no boat access and in view of the Council ' s
recommendation that in order to maintain park property be accessible.
There 's never going to be anyplace to park there. I 'd like to see this
thing, if we heard from the residents out there and the letter from Lori
May 31st that outlined a lot of the problems. I 'd like to see those
passed up to the Council . I 'd like the Council ' s recommendation on what
they would like to have done. If they say that okay, this is going to be
a park. It' s alright to have that park there. I don' t think the Council
is in a position where they can say well , in this instance we ' re going to
let some of the citizens maintain a private beach on our property. The
Council is going to have to either say the City is going to have a mini-
beach or the City is not going to have a beach on that property.
Sietsema : They have said that they will .
Park and Recreation Commission
June 14, 1988 - Page 31
Lynch: The Council?
Sietsema: Yes . There' s a recommendation of the Park and Recreation
Commission back in the mid-70' s to approve that mini-beach and that was
approved by City Council .
Lynch: So it is an official park property and officially to be used for
that?
Sietsema: Yes .
Lynch: Okay. That I never knew.
Sietsema: It was established and approved by the City.
Lynch: Okay, then we' ll say that we better sign and maintain it better
than it is now.
Boyt : We haven' t treated it like it was our beach because I can remember
standing there. . .up a ways.
Mady: It' s closer to them.
Boyt: It' s also at a bottleneck. The way the drivers go along that
lake, they must be coming real close to that swimming beach.
Sietsema : It ' s actually safe for swimming .
Lynch: Our official swimming area should be moved to that position
because of the lay of lake. It is dangerous where we maintain the
present beach. I guess for now I would like if we could make a motion, I
will make a motion that it has been brought to our attention that that is
officially slated as a beach. That it be signed as a public beach and
maintained as beach property in accordance with our park maintenance
guidelines because now it looks shabby and I know now it' s being used as
a private beach and represented as such by people who live near there
so I think we better bring it up to standard .
Sietsema: I didn ' t get all that.
Lynch : Bring it up to park standards with signing and maintenance .
Boyt: And bouys .
Lynch : Anything to do with normal maintenance .
Mady: I 'd like to see the Council allow us to open up the parking on
that street on the lake side or at least 4 parallel parking spots with
proper signage on that street. We talked with one of the neighbors
there . He indicated he would have no problems with parking on that
street there because people are doing it anyway. This way they can do it
legally and utilize it .
� r
Park and Recreation Commission
June 14, 1988 - Page 32
1
Watson: If you can park at Greenwood Shores Park, you should be able to
park at here. I maintain that these people aren' t going to be real
pleased that there' s suddenly going to be a swimming beach.
Mady: This is true but we need to address the problems with the boats
being stored on that park property. The reason it' s such an old problem
is because it' s now added to the beach.
Sietsema: It has but it' s like the minute you turn around , you turn your
back, they know that you' re going to be gone for a couple of weeks and
they' ll put their boat back there .
Mady: What you do is you confiscate their boat. We' ve got a request
somebody who wants to put a boat down there at that lake and we've got to
tell him no , you can' t do it . Why can' t I do it, you've got 4 of them
sitting down here now. We've got to clean it up. This city' s always
been kind of lax in their enforcement . Now they' re starting to get a
little tougher but we need to get tough on everybody. If you've got the
law, you' ve got to enforce it. Just because you live across the street
from it doesn' t mean you get to go by a different set of rules than
somebody who lives down on Chan Estates .
Watson: What constitutes having a boat on a public park? As long as
E it' s out in the water a ways it' s alright?
A.
Lynch: It can' t be on the parkland in excess of 24 hours .
Watson : As long as it' s completely in the water it ' s alright.
Lynch: That' s what we' re being told .
Sietsema : The boat that' s moored there on the very, very northern end ,
there' s nothing we can do about it. There' s nothing we can do about that
raft because we have nothing on the books that prohibits mooring a boat
or a raft out from park property. That' s on the memo. . .
Mady: I tell you what , when we go to bouy that, putting bouys out there,
I 'm going to make part of the amendment of the ordinance is we' re not
going to allow people to put anything out from park property. To me
putting a raft out on a public beach is no different than somebody else
coming in and deciding to put their own play structure in a city park and
saying that' s theirs. You just don' t do those things because once it ' s
there , the City has the liability. That ' s it . It ' s ours .
Sietsema : It' s on the list for tiie park amendment issues for next time.
Lynch : Okay, I made a motion , Carol seconded it that we add four parking
spots .
Mady: Signed off-street parking .
Park and Recreation Commission
June 14, 1988 - Page 33
Lynch moved , Watson seconded that the park along Lotus Trail at Carver
Beach be brought up to park maintenance standards with four parking
spaces , proper signage and swimming bouys . All voted in favor and the
motion carried.
REQUEST TO REMOVE SEAWEED AND WATER LILIES AT CARVER BEACH.
Mady: Lori , did you ever find out what part of the lake this was?
Sietsema: It is at the Carver Beach. The designated beach. The main
Carver Beach. There are lilies that are encroaching.
Mady: Are they lilies or are they those. . .
Sietsema: I don' t know.
Mady: I do know that I don' t want to see us do too much weeds. There
are a lot of residents around that lake that if you start removing
vegetation from the shoreline, they' re going to be real . . .
Lynch: Do you have to have DNR approval?
Sietsema: You have to have a DNR permit and there is a cost involved in
having the weeds removed. I still don' t know what that cost is .
Schroers : I have some personal expertise in that . We hire every year a
private company to come in and remove weeds at our park and it' s very
expensive. It' s time consuming . There are a number of problems involved
with it. Their equipment is very large and very bulky. They have to
have an adequate place to load it and unload a very good launch facility.
They need a place to discard the material after it' s harvested and that
stuff gets rank.
Sietsema : There would be no way they would be able to get their
equipment down that hill then to Carver Beach.
Schroers : Besides being expensive, it' s not 100% effective. They don' t
get all the weeds. Propelling their machines through the water creates a
wake out in front which pushes some of the weeds away from their cutters
so it' s difficult. They do get a majority of it but it' s lot like mowing
your yard . It comes back. Not quite as bad but it does come back.
Hasek: Don' t they only go out 4 feet or something too?
Schroers : Yes , 4 or 5 feet is probably as far down as you can do it and
the main reason that we do it is to eliminate swimmers itch because the
swimmers itch actually comes from the snails and the snails live
underneath the weeds. They remove the weeds and that eliminates the
environment for the snails and eliminates the swimmers itch.
Mady: How extensive is the problem? I 've seen a few weeds and it' s kind
of bothersome when you walk out or is it choking the beahc out?
0
Park and Recreation Commission Meeting
June 28, 1988 - Page 6
AMENDMENTS TO PARK ORDINANCE.
Sietsema : Given a lot of discussions that we've had, I thought that it
would be appropriate to come to the Park Commission with some amendment
ideas. One with the Carver Beach problems that we've had there with
people mooring and storing boats and rafts and what not. We need to
clarify so there isn' t a loophole. Allow it so they can have the rafts so
we clearly have control of what goes on in the parks so one of the things
on my list here was amending the Ordinance to prohibit boat mooring,
private docks and rafts on park property and out from park property.
Mady: Or within 150 feet of the high water mark.
Robinson: Is that what you can do?
Sietsema : It would have to involve water surface zoning too . Not only
our park ordinance would have to be amended but so would our water surface
zoning so that DNR would have to approve it. We don ' t allow private rafts
out from park property. Our concern being liability. If there' s a raft
out there, it looks like it' s part of the park and Joe Blow from across
the lake comes over and swims on it and hurts himself.
- Boyt : You know, that raft that' s out there has a piece of metal .
Mady: It ' s a pontoon. I was in the water and it' s just, that thing is an
eyesore .
Sietsema : Again, right now we don' t have anything we can really do about
it.
Hasek: Historically, if you ask a question, would the DNR tend to go
along with those types of things?
Sietsema: If it ' s reasonable. If you have a good reason, good clear
reasoning. If it' s just to make restrictions for the sake of having
restrictions they don' t go along with it . They won' t approve it but if
there is good sound reason and it' s applicable to everybody on the lake or
the lake user who doesn' t live on the lake, they' re pretty reasonable.
Hasek: Okay. We can just have the Attorney draw that up.
Mady: The only thing is we might want to leave ourselves some space in
the ordinance that at some point in time if the City decides to put. . .
Hasek: It would be anything that ' s not owned by the City is what would
be. . .
Sietsema: Right, so that would allow us to have a raft out there if we
wanted to have one.
Mady: Of if we wanted to put sailboat moorings out there or something .
Park and Recreation Commission Meeting
June 28, 1988 - Page 7
Schroers : Is it possible that that could come back to haunt you in that
if we say that we have control up to 150 feet beyond our park area or
something , if there' s an accident with boats or waterskiers in that area ,
are we then liable because we control that space?
Sietsema: No .
Mady: What is it, 150 feet, you can not propell your boat through an area
within 150 feet of a marked swimming area?
Sietsema : Within 100 feet of the shore on Lotus Lake is a slow no wake
area except going straight out or coming straight in. If you' re puttzing
along horizontal or parallel with the shoreline, it' s slow no wake within
100 feet of the shore. I think the Attorney will clear that up for us and
make it so it' s not going to put us in a hole.
Robinson: Do we want to act on these one at a time or overall?
Mady: I think we can discuss them one at a time. Point of information,
Lotus Lake, the Sheriff' s patrol was out in their boat Saturday afternoon
because I witnessed them issuing a citation to one of my neighbors which
I was glad to be seeing.
Hasek moved , Robinson seconded a motion directing staff to contact the
City Attorney and ask him to draw up an ordinance which would exclude the
mooring or installation of docks or any surface water use other than for
the City for areas abutting and adjacent to parkland for whatever distance
he feels is appropriate . All voted in favor and the motion carried .
GLASS CONTAINERS.
Mady: I , for one would like to issue a complaint on glass containers in
the park after I spent 20 mintues cleaning up glass in the City Center
Park. It was just one bottle.
Sietsema : We really have received a number of complaints about glass .
People having to walk around glass. Broken glass and what not. The thing
is, we' ve received a lot of complaints in the park areas all together .
There is more use in the parks than we've ever had before. Lake Ann Park
has probably taken in the same amount of gate fees as we did all of last
year so far this year . It' s unbelievable the amount of use.
Hasek: Than you get a letter like this lady that says she ' s never had to
pay for a park.
Sietsema : We currently have an ordinance that says there' s no glass
allowed in the beach area. The problem that we have with a lot of these
things is enforcement . There' s no way that the lifeguards can guard
behind their head. I 've asked them to at least be aware that that's an
ordinance so that in the sand area in front of them, if they see someone
on the beach area with glass, that they tell them it' s not allowed. They
can' t go over there and take it away from them because they' re supposed to
Swimming Raft in Carver Beach
The swimming raft in Carver Beach has been in place for at least the last
30 years. There has never been a serious accident in connection with the
raft. The raft does not restrict boat traffic or contribute any adverse
environmental impact on the lake; on the contrary, the raft has given
thousands of hours of pleasure to hundreds of children and adults who have
used it over the years. The raft also is a favorite fishing spot for many
fishermen in the spring and fall when the swimmers aren 't present.
The raft meets all the requirements of the water surface usage ordinance
#73 passed by the council in 1983 .
After the recent attack on the mini beach by Mr. Lynch of the Parks
department and the fact that the raft in Carver Beach is the only thing on the
lake that would be adversely affected by section 2 of the ordinance ammending
chapter 6 of the Chanhassen city code concerning boats and waterways . We feel
there are forces in the city that are attempting to discriminate against the
public right to use and enjoy the public waters of this lake. We also feel
the public interest would not be best served by passing section 2 of the
proposed ordinance.
In conclusion we the undersigned implore you to give your careful
consideration to this matter and defeat section 2 of the proposed ordinance.
Failing this the raft in Carver Beach should at least be grandfathered as
non-conforming use under the ordinance.
Thank you for your consideration in
this matter.
cjj E 1 1988
CITY_OF CHA+V V,ASSLA
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MELCHERT, HUBERT, SJODIN& WILLEMSSEN
PAUL A.MELCHERT ATTORNEYS AT LAW CHASKA OFFICE
LUKE MELCHERT FIRST NATIONAL BANK BUILDING 44&3121
DAVID P HUBERT BOX7
KEITH E.SJODIN WACONIA,MINNESOTA 55387 WATERTOWN OFFICE
WEDNESDAY ONLY
MAC R.WILLEMSSEN
R.LAWRENCE HARRIS LOCAL(612)442-5155 9551404
METRO(612)446-1904 NORWOOD OFFICE
TIMOTHY J.LOOBY 467-2976
September 9, 1988
Ms. Barb Dacy
City Planner
City of Chanhassen
P.O. Box 147
Chanhassen, MN 55317
Re: Lynn Hall
Dear Ms. Dacy:
The purpose of this letter is to provide some follow-up information on
behalf of Mr. Lynn Hall in relation to some potential modifications the City of
Chanhassen is considering in relation to its Water Surface Usage Ordinance and
Beach Lot Ordinance. I had hoped to discuss this matter with you over the
phone, but our schedules appear to be irreconcilable and I wanted to get this
information to you before next Monday night's city council meeting.
As you are aware, Mr. Hall recently purchased the C. Russell Bohlmann
property at 3980 Hawthorne Circle. In conjunction with that purchase Mr. Hall
acquired certain ownership rights to Outlot A of Kellynne Addition to the City
of Chanhassen. It is my understanding that Mr. Hall 's mooring of a watercraft
off the shoreline of this Outlot is at least in part the impetus for the City
of Chanhassen considering certain modifications to its Water Surface and Beach
Lot Ordinances.
Mr. Hall and I are particularly concerned because prior correspondence from
at least one of Mr. Hall 's neighbors to the City of Chanhassen has indicated
that no predecessor in interest to the Outlot has ever moored a boat directly
off of said Outlot. This is not the case. For several years Mr. Hall 's
immediate predecessor in title, C. Russell Bohlmann moored a bontoon boat in
the waters adjacent to the Outlot. The mooring of Mr. Hall 's boat is only the
continuation of a pre-existing use.
• To the extent that the City of Chanhassen is contemplating prohibiting Mr.
Hall 's mooring of his boat in the waters of Lake Minnewashta off directly
adjacent to his Outlot in response to complaints of one neighbor, it seems to
me that the City is being put in the difficult position of being asked to
modify an Ordinance in an attempt to resolve a dispute between neighbors. Mr.
Hall certainly wishes to cause no difficulty to the City of Chanhassen nor to
the neighborhood in which he has recently moved. He is only continuing to
practice what was followed by his predecessor in title and of which the
neighborhood was well aware.
SEP 1988
CITY OF CHANT--AD, ,:oi
Page Two
Chanhassen City Hall
Re: Lynn Hall
September 9, 1988
I will continue to attempt to contact you by phone and hope that we can
discuss this matter further.
Sincerely yours,
1 ' `-)1
R. Lawrence Harris
RLH:pcc: ynn Hall
P.S.
Since dictating this letter you and I have talked on the telephone and I
understand that you will be forwarding to me a copy of the proposed Ordinance
Amendment. Thank you for your cooperation.