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1988 12 13 Agenda . ~ AGENDA PARK AND RECREATION COMMISSION TUESDAY, DECEMBER 13, 1988, 7:30 P.M. CHANHASSEN CITY HALL, 690 COULTER DRIVE 1. Call to order. 2. Approval of November 22, 1988 Minutes. 3. Public Hearing on the Boat Mooring and Dock Ordinance. 4. Public Hearing to Review Changes and Plans for Sidewalks Along Carver Beach Road and Laredo Drive. 5. Approve Site Plan for Lake Susan Park. 6. Review Appraisal for Carrico Property. . 7. 1989 July 4th Celebration. 8. Update on 1988/89 Ice Rinks. . CITY OF CHAHHASSEH 3 . 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 Coordinator ~ DATE: December 6, 1988 SUBJ: Boat and Waterways Amendment On September 12, 1988, the City Council reviewed a proposed amendment to Chapter 6 of the City Code regarding Boats and Waterways to clarify City regulations. The Council tabled action and directed the Park and Recreation Commission to review this item so as to be sure it was in line with park development acti- vities (Attchment A). Attached please find a memo from Barbara Dacy (Attachment B) . outlining the background and issues related to this item. The amendment as proposed (Attachment #1) would prohibit the mooring of boats or rafts in front of park property. The Park and Recreation Commission has discussed this in the past and deter- mined that overnight mooring of boats and storing personal pro- perty on park property would not be appropriate use of parklands. Section 6-30 of the amendment would allow existing rafts and docks to be allowed as non-conforming uses. Staff feels this is a reasonable amendment to the City Code, clarifying the issues that continue to surface. It is recommended that the,mooring issue, as addressed in Point #4 of Ms. Dacy's memo, be resolved by amending the variance section, Section 6-23, to allow situations such as the Hall property or others to apply for a variance so the City can evaluate each situation on a site specific basis. . ~. . City Council Meeting[ September 12, 1988 . '.~U ~_f4 ,I (. Father Barry Schneider: I would like to request the Council at this time to consider speed zoning the area fBst our school on TH 1131 and the church to perhaps 15 mph. It is presently 313 and with children right on that street, and sometimes Family of Christ youth on the other side, I think 313 mph is a little high. I guess I started thinking about that because my dog got hit there last Monday night and now I'm thinking of human beings. O1ildren and perhaps even on the other street corner by our kindergarten. There are little children there, babies traffic coming out and they're stopping on that street. I would request the COuncil to consider a speed rezoning. Mayor Hamil ton: You're talking about on TH 101, on VEst 78th Street? Father Barry Schneider: TH 101 up to Great Plains. to slow down because there was a stop sign there. the traffic moves much more quickly now. Through there. Traffic used 'lhe stop sign was renoved and Mayor Hamil ton: I think we can not do that since that's a state highway and the speed limit is minimum of 313 mph. I think that's correct on that but we could perhaps do a better job of signing. VE' 11 do what we can to try and get the speed reduced but I know that the minimum speed that we can put up is 30. State law. COuncilman Horn: You might be a school zone. Mayor Hamilton: Yes, we could get it school zoned and have additional signage to try and slow traffic down. Gary ~varren: I'm meeting with MnDot on Friday so 1111 bring it up. Councilman Boyt: Would it help to have more enforcement there? Are people actually doing 313 mph in that zone? Mayor Hamilton: Pretty much. As I travel down there, they seem to be. Councilman Johnson: When the deputies did a survey there, they fourrl the average speed was 31 mph. The survey was done with a marked police car wnich was seen well in advance so the people weren't traveling thei.r absolutely normal speed. I saw them two blocks away. If you're going to do a radar survey, it should be kind of hidden. Mayor Hamilton: Perhaps Jim, you and Gary can work on that problem. /7 ~ to, PUBLIC HEARING: AMENDMENI' TO CHAPTER 6 OF THE CITY CODE REGARDI~ BOAT HOORINGS ~x AND SWIMMING RAFTS, FIRST READING. \J.-""- q;tjJ>jJ Publ ic Present: I . Name Address Mr. and Mr. Lynn Hall Roger Byrne Dave peterjohn Mr. and Mrs. Mi.ke Schroeder 39813 Hawthorne Circle 6724 Lotus Trail 3921 Hawthorne Circle 66013 Lotus Trail 5 A+{o.(ht"lef1t A -,d;-.. l~~ ~ City Council Meeting - C .:ernber 12, 1988 (' Mayor Hamilton called the public hearing to order~ Barbara Dacy: '!his proposal is to amend the current Chapter of the Ci ty Code regarding boats and waterways. It was originally known as a water surface useage ordinance. Because of a variety of issues that have come up over the last boating season, staff has prepared the proposed ordinance for Council consideration. we have notified all of the Homeowner's Associations, the lake rights as well as the lot owners abutting the lakes in Chanhassen. Basically there are four changes that are being proposed. '!he first change is adding this iten 2 in the water surface useage ordinance regarding the ability to moor a person's boat in the lake in front of a lot in which they reside. As now written, this under 2, does not exist. The proposed ordinance ~uld require that you ~uld have to have a home on the lakeshore site. Lakeshore site means a lot abutting the lake and you ~uld have to moor the boat wi thin 25 feet in front of your lakeshore lot. '!his was as a result of a couple of issues. Number 1, the Park and Recreation Ccmnission considered a number of requests about mooring boats in front of park property. This change has concurrence of the Park and Rec Commission. Secondly, this provision would consistent with the City Zoning Ordinance regarding accessory uses and principle uses. As now wri tten, a dock is an accessory use and if you have a lakeshore setting, you would need to have a principle use or a single family home before you could have a dock on a lake. The second change is in regards to swirnning rafts. This also was considered by the Park and Recreation Cornnission regarding the ability to have a swirnning raft in front of park property. The way it is proposed here in Section 2, we ~uld be adding a proposed subsection (c) requiring that swimning rafts must be located within 100 feet of lakeshore property. Again, with the home located on the lot. '!he third change is regarding the removal of swirnning rafts and docks. One of the biggest i te.1lS that the Park and Recreation c;orrmission was the use of the Carver Beach swirnning raft. Because this swirnning raft has been used for a number of years by a number of people around the lake, the ordinance has been written to allow this partiCUlar raft to becane a non- conforming use so this section of the ordinance allows the re-establishment of non-conforming swirnning rafts and docks established in the lake. '!hat's under Section 3 of the proposed ordinance. Now, the fourth i ten that's going to be considered is this particular section does not include the ability to moor a boat. So for example, if you do not own lakeshore property at this point in time, you ~uld moor your boat in the lake, you ~uld not be able to moor the boat next season if this ord inance is adopted. I ci. too a particular example in here in the staff report that the City Staff has receiVed a number of phone calls regarding Outlot A of Kelllyne Addition. I know both parties, Mr. Hall and Mr. Peterjohn are here to speak on that particular situation. ~mat City Staff is proposing is that there probably are a number of these si.tuations where either lakeshore property is vacant and people have been mooring their boat on the lake or same type of previ.ous mooring that maybe there should be a process incorporated into the water surface useage ordinance for the Council to review each of these situations on an individual basis and have the ability to apply certain conditions. If that is Council's policy, then we v.ould suggest that Section 6-22 be revised to account for that process. Lynn Hall, 3980 Hawthorne Circle: I understand and respect the thoughts that Planning and Council have put together in regards to these si tuations and don't disagree wi. th your thoughts on it wi th the exception that I Understand, and correct me if I'm misunderstanding, that owners of rafts would not be treated the same as the owners of boats is a right si.tuation where essentially they're 6 -r .~ 4 , . ---- . . . City Council Meeting (Jeptember 12, 1988 ( equal uses. The provision of allowing a variance process to be gone through or boat moored would be available however, I understand the proper procedures here that would be necessary for the Council's four-fifths vote to approve such a move, then it would be very difficult for me to obtain any type of a variance such as that. I may propose or suggest the idea of a conditional use process thus controlling giving the City Council to maintain a level of control over this. MY situation, which planning is well aware of, I purchased a piece of property that was sold to me with the understanding that I had a legal non- conforming use and that that legal non-conforming use was verified and documented by the City. In adopting this particular provision in the ordinances, I'd be stripped of a right that had been granted previously as a legal non-conforming use. I guess to put it qui te simply, I don't feel that that's fair under these provisions. I guess I'd hate to see the City take a position on changing this ordinance and on this matter that they consider same alternatives. If this ordinance were to be put into effect, it would essentially put my back against the wall. When I.purchased the piece of property for a reason of being able to use the lake. An establislnent of a right that I'm now having taken away. You leave me no alternative but to defend my property value and the rights that were granted thereof. In further adding, I hate to see the City put into a position where potentially they're spending the taxpayers money to settle what I think to be somewhat of a minor disagreement between a couple of neighbors. I guess in closing, I would just hope that an alternative could be sought in controlling this particular situation and my previously established rights of non-conforming use be maintained. Roger Byrne, 6724 Lotus Trail: I'm not too use to public speaking so kind of bear with me. I guess I don't agree with staff and I don't see the need for this ordinance at all. I don't see why they even brought it up in the first place. Like this gentleman said here, I think it's more neighborhooo squabbles with neighbors and stuff like that than having anything to do with any control or anything. I can't see any control problem on any of these lakes. There's a few things out there and they've been there for a long time, a lot of them and some came and some go but the Council gave lakeshore owners the right to have 3 boats moored on their property. '!hey can have unl imi ted number of small boats pulled up on shore and the public don't have any right to have anything out there if this ordinance goes past. Now this ordinance, the water surface useage ordinance was passed in, I don't know, I think it was '83. That thing had been worked on for 2 or 3 years before that by ci tizen comnittees and through the Council 5 or 6 times. It had been amended and amended ani finally they got it right. '!he way they wanted it and that's the way it went through. Now all of a sudden they come back and say, oh no, I guess we gave sanebody sane rights that they shouldn't have had. \'e better amend it. Don Ashworth there brings it on himself to draft this here ordinance and put it up before the Council. They said it went through the parks comnittee but I don't think so. I don't think the Parks corrrnittee had anything to do with it. I think it was Don Ashworth and George...and that's the way it is. 'lhese people know that and it's just discrimination against the public to use that lake just like anybody else. It's just as much our lake as it is as if you were a lakeshore owner on the property. This ordinance is wrong and I think you people know it's wrong ani I think you should vote it down. You shouldn't even consider this ordinance. \'e've got enough ordinances out there to stop anything you wanted to stop on the lake. You're stopping too much stuff, people can't even use it except the people that own lakeshore. They have all the rights in the world ani the public has very 7 . " ~v-- City Council Meeting - (2tember 12, 1988 ( 1i ttle on that lake. I hear talk about the raft in Carver Beach. They say, well maybe we can get that one out of the:r:e and the City will put a raft out there. The City has 15 years to put a raft out there. t-e give that lam to the City more than 18 years ago and you haven't done anything to that park. 'Ihat park has been there. It's a mess in there. It's full of poison ivy. They talk about a path through the park. It's full of poison ivy. 'Ihe poison oak. 'Ihe kids can't even go in there. What little bit we have there, we've done ourselves. Now you want to take us out of that. 'Ihe public has a right to that lake just like anybody else. I think that raft should stay there and I think you should take this ordinance and, we don't need it. It should have never been drawn up. It's just plain discrimination by a few people in this town that are trying to jew everybody else out of their rights on that lake like everybody else. I think you people know that. If you look deep in your heart, you'll figure that's the way it is out there. Like I say, I'm not very good ,at this but I hope I got my point across. I had some other points but I feel kind of blank up here. Dave Peterjohn, 3921 Hawthorne Circle: I'm Lynn Hall's neighbor and I'd like to say first that I think this is a very unfortunate situation for both Mr. Hall and myself but I think it's a situation that happened wi th Mr. Hall's previous homeowner that I think misrepresented the rights that Mr. Hall had in purchasing the property. Just a little background, I own a piece of property that I built a house on that abuts up to Outlot A, which Mr. Hall and his wife own the rights to and have a house off-site of the lake. When we investigated purchasing the property several years ago, we had looked into covenants. Covenants for this particular outlot stated very plainly that the outlot owners and the people who have rights, do not have a right to have a boat or a dock on this piece of property. When Mr. Hall purchased the property, he was completely unaware of these particular covenants fram the previous owner so I guess our feeling is, having a boat moored down there is an argument that Mr. Hall has with the previous owner. I think where the issue comes into play for us as homeowners, presently you can have up to 3 watercraft on a piece of property for a homeowner. This particular piece of property is 210 feet wide that separates our lot with the neighbor's lot.' There are two other potential buildable or questionably buildable lots that this outlot that are going to be perhaps built upon years down the line that may have these rights as well so we're looking at potentially 9 boats that could be on a 20 foot outlot. I don't think that the intention of this ordinance would allow something like this. One of the things that I wrote to you in the letter was that currently in the Chapter 6 on the ordinance it says, Section 2(b), there's a dock setback ordinance. Presently from lakeshore owners, if they set their docks, they have to be 110 feet off their lot line in order not to encroach on the neighbor's property. One of my suggestions, if we do allow boat mooring, is to have the same sort of restrictions. I'm not advocating doing that. I personally am not in favor of boat moorings but the way ~t stands right now, you can not have a dock within 110 feet of your lot line. I can't see why you couldn't have a boat, or you can't also have a boat within 110 feet so that's our position. I think it's a very unfortunate situation. I feel for the Hall's position but I think that we, lOoking down the line on what the value of our property is going to be when we sell our property. When the City expects property owners to pay premiun taxes for the right to have boa.ts on there, I feel that I would be against having boats moored on Lake Minnewashta. 8 -c ..~ , " . . City Counci 1 t1?eting (3eptember 12, 1988 " . l ;).~.,."l ( Mike Schroeder, 6600 Lotus Trail: I live right off of the parklam area at the end of the P3rk strip and by Fox Chase. I'd like to speak against this ordinance. I agree with Rocky there. I've lived in Carver Beach for over 10 years and my wife has lived there for over 20 years. A couple years ago ~ bought Mr. Winter's farmhouse there down along the parklam there am we talk~ to the DNR and we talked to the people there and we applied for a permit with Carver County Water Patrol to moor our boat out there. ~ spent the money to get the official mooring and that kind of stuff and now we find this ordinance which, in our opinion, seems to be drafted specifically towards us. I believe it is a misuse of the City Council. The City Staff. The taxpayer's dollars and the time of all the people here who had to come up here to try to stop this ordinance. There's no danger that anyone's identifying to the people down in that area of Carver Beach. It's a situation where the environment, there's been the raft and all the other things there for many years. It seems like this ordinance is being prompted by a small group of people who want to make the lake look just like they want it to look and be just like they want it to be and the heck with the rest of the people. I think that's a misuse of the power of the City. I do not believe this ordinance is a result of any complaints, at least that I'm aware of, of people in the Carver Beach area. I think when ~ have problems in the area, ~ try to work it out with each other and I think that's worked for many years. I don't believe there's any citywide impact here that this ordinance is addressing. The big issue that is affecting the people of the City of Chanhassen. Laws am ordinances are designed to protect people of the City and to protect the rights and the priviledges of individuals and I do not believe this ordinance does that. In addition, as the way the ordinance is currently written, it seems to be specifically discriminatory towards people who have bouys. That has been specifically left out of the copy that I had. Apparently they have made special provisions for some of the process of dealing wi th people who have moorifB bouys and I don I t think that's fair to us and I think that should be changed if this ordinance is P3ssed. Councilman Horn moved, Councilman Johnson seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Councilman Johnson: I'd like to ask the City Attorney a question. Can a non- conforming use be sold to a new resident? Roger Knutson: Yes. Councilman Johnson: So as long as a use is continued, the new property owner could buy it? Roger Knutson: Non-conforming uses run with the land like a conditional use permit, zoning, variance. Councilman Johnson: But if they skip a year, don't put out a mooring buoy for a year, if they have a non-conformifB use that's going on, am they skip it for a year, what happens? Roger Knutson: They're out. Councilman Johnson: I don't have a lot of problems personally with the direct lam owners that have a house am have a boat across from our park there, our 9 ~u-_. City Council l'Eeting - ()tember 12, 1988 ( parkland on a mooring buoy out away fram the edge of the shore. I think what the Park and Rec seems to be against is people leaving their boats up on the City's property on the edge of the land and call that mooring of boats. I'm not sure if that is considered mooring. I've always considered mooring as to having a buoy out there and you tie it off the buoy and the boat floats free of the land. I'd like to see those people who have been doing that for so long, it seems to me to be prejudicial to exclude that and leave the raft. The raft's more of an eyesore than a sailboat sitting out there flittering the wind. That's where I sit on this ordinance. Councilman Horn: I have a question of Roger too. In fact, several questions. There seems to be disagreenent in the notes that I have on whether that was a legal non-conforming use at the time it was transferred. Apparently there were covenants in existence at that time which obviously we don't deal with but was that a legal non-conforming use that was transferred? Roger Knutson: I'm not the best person to tell you what the facts are. As far as I know, they're violating any ordinance today so yes, they're a legal use. Councilman Horn: Apparently there were same questions on staff's part as to whether they could or could not moor a boat. Barbara Dacy: Mr. Hall's Attorney and Mr. Hall has stated that the previous owner, Mr. Bohling had stored a pontoon boat. '!he Peterjohn' s and other neighbors have contested that there was no boat storage there. At this point, Mr. Hall is mooring his boat out in front of the outlot in conformance with the Water Surface Useage Ordinance. Councilman Horn: Did he came in for a non-condi tional use permit at the time that the ordinance was put into place? As r recall, when that ordinance was put into place, all outlots had to come in for a non-conforming use requirement and they were logged as such that they didn't intensify their use. Barbara Dacy: '!hey didn't corne in for a conditional use permit but the Ci ty did take an inventory at that time in 1982 and identified which beachlots existed at that time but they did not go through Planning Commission and City Council. Councilman Horn: When they took the inventory, was their a boat on the outlot? Barbara Dacy: No. Councilman Horn: '!hen that would seem to set precedent of what has transferred. As Roger said, if they don't use it for that use, the non-conditional use goes away. Barbara Dacy: In talking with Roger about that though, the City Staff at that time conducted a survey on June 11, 1981. There could be an argument made that that particular day, a particular homeowner's association did not choose to put out their dock or have boats out yet so what we're doing in trying to analyze these beachlot ordinances, trying to get affidavits from homeowners to verify exactly what existed at the time of the ordinance adoption. It's going to be difficult for the City to prove that what's on a dock out there, in this case on a one day survey. 10 -( ..~ - ~. . ~ Ci ty Council Meeting (3eptember 12, 1988 .-. - . ( Councilman Horn: As I understarrl these conditional use permits, am we're going to come to it later in the contractor's yard, it's up to the person requesting that to outline what is included in that. What the use is going to be. How many trucks or whatever. It would seem to me that it would be incumbant upon the homeowner to request that conditional use permit am define what his useage is. If the Ci ty goes out there, in fact doing him a favor and if he has a greater use on that than what the City had imicated, he should have requested that at the time that the permit was granted. The non-comitional use permit. Barbara Dacy: That's the policy we might take again. We just identified what beachlots were non-comforming in 1982 and did not have them in for a specific process. Councilman Horn: I specifically recall when that was enacted and the way it was to be been was that each use of each beach lot was to be recorded am only that use would be allowed in the future. Nothing over and above that would be allowed. Barbara Dacy: If they wanted to expand that, they would have to cane back and get a corrlitional use permit. That's correct. Councilman Horn: The other problem I have is that I'd like to ask Roger, if we make an exception on this swimming dock, does the City have any liability because we're allowing it to be moored in a non-conforming fashion off City property? Roger Knutson: The fact that it's conforming or non-conforming to your zoning ordinance in this case, would not make it to mean more or less dangers. There's always potential when you allow anyone to do anythi.ng that you can get sued. There's a State Statute that says when you issue permits, you should be free from liability so I guess I would not be particularly worried about any liability problems. Councilman Boyt: Who is liable? Roger Knutson: Whoever moored the boat there. Councilman Boyt: Boat or raft or whatever? Roger Knutson: Whatever. Councilman Horn: 1)) we have an owner? Isn't part of the process putting an owners name and things on this type of structure? Barbara Dacy: Yes, I believe that's required. Roger Knutson: en rafts. Councilman Horn: So would this be an association raft or how would it be identified? Who would be the owner of it? Barbara Dacy: Who are you talking about? Councilman Horn: 11m talking about the raft at Carver Beach. 11 _<.J,~ City Council Meeting - s(_emoer 12, 1988 ( Barbara Dacy: It would be the raft that's out there now? Councilman Horn: And who owns that? Don Ashworth: Mr. Bryne I believe. Roger Bryne: Everybody's. '!hat raft has just been there for 30 years and everybooy uses it. It don't belong to anybooy. Councilman Horn: '!hat's my concern. Our Attorney told us that whoever owns it is responsible for it and we're saying nobody owns it so in that case nobooy's responsible for it. Roger Bryne: It's been working for 30 years. '!here's no reason it's can't work. for another 30 years. You're not responsible for it, why should you worry? Councilman Horn: We have more Attorneys in the world today. Roger Bryne: If you don't own it, you're not responsible. The City is not responsible is what he said. wby worry about it? Let whoever owns it worry about it. Councilman Horn: Do you agree with that? Roger Knutson: If you think it's a nuisance or it could cause problems, I think you have perhaps an obligation to consider the public gooo. I'd be more worried and concerned, if it is a legitinate concern, about someone getting hurt rather than who's going to pay the bill. You're heavily insured for this sort of thing. Roger Bryne: I don't have a problem with owning the raft. If you want to say I own it, that's fine. I'm not ducking ownership by reason of worrying about liabil i ty . '!he only reason I say I don I t own it is because I know everybody in Carver Beach owns that raft. Everyone in the world has the right to use that raft as far as everybody in Carver Beach is concerned. That's why you got that petition and we got 265 names on it. I can get 500 to 600 more real easily if I wanted to do some more hiking, which I got tired of. Everybooy I contacted said, yes sounds gooo. Why would they want to take that away? That's crazy. Councilman Horn: We don't want you to be liable for something that everybody Uses either. My point is, I don't think Park and Rec was aware until recently, at least from the Minutes I read, that that was a public beach. Is that true Lori? Lori Sietsema: '!he current Park and Recreation Commission was unsure of how that mini-beach got there. Researching the file, it was approved by a former Park and Recreation Comnission. Councilman Horn: I think that was a surprise to a lot of us. But it seems to me that now that Park and Rec is aware of it, that's what it is, we should have a plun from them as to how they intend to use it and then I'd be much more Comfortable if we included a raft out there. If we were going to do that, that the City maintain it and keep it up rather than making sane private individU31 12 er ..~ ~ ~: . . C't C '1 . ( , l Y ounCl Neebng - SepteffiDer 12, 1988 ---'7 . ".) fl ( responsible for it. I'm uncomfortable. I don't think that's fair to him. That's all I have on this issue. Councilman Boyt: Well, Clark once again we're going to agree. First, it's my understanding that Park and Rec did discuss this issue? Just to clear that up and that a couple of comments came out there about the concern about Whether it was in fact being treated as a public beach. ~uld like to see that if we're going to keep this piece of property, and I assume we are, that the City has an obligation to make sure that it's a safe and useable piece of property. TO do that, there's a couple things that I would like Park and Rec, I guess basically I can just say I'd like them to look at that issue and came back with a recommendation. I personally have concern that as I read the ordinance now, it's not possible for anybody, Minneapolis, Chanhassen, Chaska, anybody to put a raft in any lake that we've got and leave it. '!hey have to put their_ name on it, if they were conforming with the City ordinance but once they did that, we could have 100 rafts or we could have one raft. We have no control. Is that your understanding of the ordinance? Jo Ann Olsen: You have to be a lakeshore owner to do that but... Councilman Boyt: So it is limited? Barbara Dacy: What we're adding is that in addition to being a lakeshore owner, you have to have a home on the property. Jo Ann Olsen: And it has to be in front of your property. '!he way it is right now, if you have lakeshore on Lotus, you can actually moor on Minnewashta. Counci lman Boyt: You could moor on any other lake. Q1ce you're a lake owner, you have this tremendous right to put it up anywhere but if you're not a lake owner, you can't? Jo Ann Olsen: Yes. Councilman Boyt: ~'V'ell, I think we have 250 signatures of people that say they want to use it and if we're right to say we've got potentially more people who would use it, then Park and Rec should certainly look at how we can make best use of this piece of property and it sounds like establishing same sort of swimming beach even though it's not very far away from one we just established. It might be reasonable. I think that we should definitely put signs up there that this is a public beach and that we should certainly look at how we can provide parking. I understand that's going to be a bit of a problem but if it's going to be a public beach, we need to have parking and we need to have it clearly signed that it is such. Q1 the raft, my posi tion would be on all rafts, that if they're not owned by the Ci ty, they have to be out in front of a person's piece of property where they can be properly supervised. I don't want rafts that are unsupervised on our lakes. If it is the City's, then it would go without saying, I suspect, that the City would put it out in front of a piece of City property. '!hen in terms of, I want to be certain that we're setting a situation here that isn't so SPecific that it just limits boats or rafts am really should be talking about private property. '!hat we should have no storage of private property on public property. We have a responsibility to protect public property and be sure that it has public use and private property is not part of that. There should be no anchoring of private property outside of areas 13 -, ;;, -.. ~ .~ ~'-'~ty Council Meeting - s;,-ptember 12, 1988 ( that are owned by and directly under control of the person who has that anchorage. However, there's an interesting point that was brought up here by I think Mr. Schroeder when I talked to him over the phone. The DNR I gather had plans to put 10 boats on Lotus Lake with public moorings. Does staff know anything about that? Barbara Dacy: Not to my knowledge. Mrs. Schroeder: When we purchased our heme, this is what we were told by the DNR that there would be 10 perrni ts issued for the west side of Lotus Lake. Barbara Dacy: And when did you purchase your home? Mrs. Schroeder: Two years ago. response. So we applied for a perrni t and never got a Barbara Dacy: '!hat can certainly be checked. Councilman Boyt: This opens up a process that I had never even considered and that's public mooring places on our lakes. I don't know, since we don't have a system in place to do that, it's a little bit of a scary idea to turn up and yet I think the City should probably look at it and find out just what's going on here. Apparently the County has a right to grant these and the County accepted your application but never sent you a response? Mrs. Schroeder: Correct. Councilman Boyt: So maybe nobody wants to deal with this issue but I think if we're going to, very wary of creating a situation in which one person has access to mooring because they took action and nobody else has access and we now effectively limit anybody else frem getting it. I think we should research the issue and maybe Park and Rec would be the logical place to do that since we're talking about a recreational activity. No matter who owns that raft, it needs to be maintained in safe operating conditions and I think that needs to be the case for all rafts, docks and what not in public waters. They're too attractive for other people to corne, stop by and use. I'm basically in agreement with the ordinance as stated but I want to be sure that when we do it, we're not losing the public's long standing right to use that beach. '!hat we're simply making it a safe use of the beach and we're making ita public use of the beach and not a pr i va te homeowner's beach. '!ha t 's all I've got for now. Mayor Hamilton: There seems to be agreement, it's incredible but there is. There seems to also have been a long standing tug of way going on within the comnunity between the people who live on the lake and the people who do not. '!hat tug of way continues today by some who live on the lake to keep those who do not live on the lake off the lake. I think it's really unfortunate since the lakes belong to everybody in the comnuni ty. We should all have the right to use them so I think really what Bill and what Jay and Clark have been saying is that, instead of legislating it and trying to keep people off and to keep kids out of the swirrming holes they've been using for 30 years, we ought to try to work and come up with something that's useable and workable for all the residents. Sanething that's reasonable. I think as a part of that, the City needs to look at wha t lakeshore we have, and we do have qui te a bi t of it, and we need to sign that as city property and j f we so designate it as a beach, then 14 .( .~ , ~ . ~ City Council Meeting( September 12, 1988 ..- ;.:'~. _. 'r J..... ,( fine. We'll call it a beach. Then we need to take the raft that's there out and put in a raft that's in good repair and can be used by everybody without worrying about kids stepping on nails or something else happening. A board coming off. We need to sign it so we say no diving. If you want to jump off the raft, that's fine but we need to be also sure that the water's deep enough so even jumping in, somebody's not going to become injured. We need to sign it to say that there are no lifeguards on duty and that you're using it at your own risk, even though it is a city park. I think for the beaches, those are the kinds of things we need to look at and I agree, I think the Park and Recreation Commission should look at all the land that the City owns and what potential use we have of that land. Is there one beach or are there 6 beaches that have potential use? As far as mooring boats, Bill mentioned the possibility of permits and that the County does issue permits. However, in the past when this issue has come up and people have gone to the County and asked for a permit, the County has been relunctant to give a permit unless the City is willing to approve it so you're kind of chasing your tail on this issue. Nobody will issue the permit. We've always worked closely with the County and if we felt a permit shouldn't be issued, we've told them that and they haven't issued the permi t. But I think along with designating where the City property is and signing it, we also need to think of a permit process. Where can we put out mooring buoys so PeOple can put a sailboat out or put a canoe out. Put a fishing boat out and have a permit process that people can cane in, get a permit to put their boat in and they can leave it there all year so PeOple who do not live on the lake, have an opportunity to use the lake. That entrails a whole lengthy process of looking at what can be moored at those buoys and for how long do you have it and when is your permit up and all this kind of thing but I think it's something that we need. It's time for us to go through this issue. It raised it's head about 6-7 years ago and now it's here again and it's time to do something posi ti ve about it. I think a permi tting process would be good and it's something that we need and I think it can be workable. They do it on Lake Minnetonka and you look at how Minneapolis does it on the city's lakes. It works out very well for them. It's a Httle different situation. You don't have PeOple living on the lake with lakeshore access but PeOple use the lake so I think there are, unless the ordinance says in effect that we can use in doing a lot of information off of, so I would charge the Park and Rec Commission and Lori to move ahead with this item and put it back on your agenda at your earliest possible convenience. ~vith that, I guess I'd like to see us table this until such time that we have additional information back and can take positive steps to make the corrections that are needed. Councilman Boyt: Before we reach a second to that table, I would like to see you add that the Attorney be directed to reach a finding in support of this ordinance because I think we're probably going to be challenged by somebody and I'd like to know what our legal grounds are before we launch into it. Councilman Horn: We certainly aren't setting any precedent with this. Many other cities have ordinances like this. As a matter of fact, the beachlot ordinance was structured very much after the White Bear Lake conservation district beach ordinance. White Bear Lake also has an ordinance similiar to this for other structures on the lake. In fact it does require that the setback, similar to a zoning ordinance, in using it. The purpose of these is to resolve neighbor disputes. '!hat's why it was generated in White Bear Lake because two neighbors, if the lakeshore was straight, things would be very simple but lakeshore goes like this and somebody assumes that the lot lines 15 City Council r-Eeting - ( }tember 12, 1988 ( don't always run parallel with the lot lines on shore and that's why these ordinances were put into effect. I don't think there should be any problem legally if we enacted sanething like this.' -r Mayor Hamilton: Except I would like to be sure that as the Park and Rec Commission works with the lakeshore and the property that the City owns, they may want to add to this ordinance. '!hey may want to change some things that are proposed in here and I think they should have that latitude to look at this and see how it's going to fit in with what they're going to attempt to do. I think for us to say this is what we want right now, might be a little premature. Let them take this and say it's sanething that perhaps we support but massage it as you go along and see if you can't work some of the kinks out. Either add to it or take away from it so it works out best for everyone. Councilman Boyt: And you're also suggesting then that we be sure that o they have White Bear Lake ordinance to use as a model? Mayor Hamilton: I think they should use that and they should talk to Minneapolis, and talk to Minnetonka and see how they regulate moorings on their lakes. Councilman Horn: Minnetonka and White Bear Lake are both under conservation districts. Their ordinances were very similar. The primary purpose again for that, as it was structured there, was not so much a lakeowner versus a non-lake owner, it was mitigating a problem that carne up between adjacent lake owners. That was the primary impetus. Mayor Hamilton: Eden prairie may have information also. '!hey have several lakes. ~- Councilman Johnson: From my visits out there this sumner, I've seen very few boats moore:] along there as far as existing moorings that this ordinance would be taking away. As far as boats being pulled up along the shore, that's something different and that's what I would like to see taken away. I think where we stand, the hardest place we stand as far as being sued or whatever, is the People who had a house there and have had a mooring buoy out and a boat attached to a mooring buoy all along, not sitting up on City property but actually attached to the mooring buoy. I'd like to know how many of those there are there that have been doing that over the last few years and I think that this is a good area that we could put in a few public mooring buoys. I don't know how much in a lottery or whatever, to get to them because I personally, if I owned a boat would like to have a place where I could put it without having to be a lakeshore owner. I don't own a boat though but I'd like the Park and Rec to look into the ability to, and this would really give us control over the public mooring of non-lake owner boats here. Mayor Hamilton: I think that's what I charged them to do. Are you in agreement that we leave the ordinance? I would then move that we table this item until the Park and Rec Commission can review it and bring it back to us. Mayor Hamilton moved, Councilman Horn seconded to table action on the amendment to Chapter 6 of the City Code regarding boat moorings and swimming rafts until the Park and Recreation Camnission has reviewed the j tern. All voted in favor and the motion carried. 4 16 . (' CITyrOF CHAHHASSEH ~ TO: Don Ashworth, City Manager 690 COULTER DRIVE. P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Action by Cfty M!",IGi~'rct~r tnc!ort~~ V Mcd:f~1 Rejf:Cb~ Da:<.-___ ~ -..~~_f= Date Submi~-v:d to !,(Pl;;,,"jSV'"n. MEMORANDUM FROM: Barbara Dacy, City Planner - Date Su~mittcd ta Co~cU ... 9-1'2. -if DATE: September 8, 1988 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. A~(;A tlVYl e f{ -( /::) ( ( 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 beach lot 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 . . . ( ( 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 Peter john dated July 21, 1988. 5. Memo from Lori Sietsema dated September 7, 1988, with Park and Recreation minutes and attachments. ~, L~II-e.~ e..dpcil'r/.iol? fro.-v'\ /) .At I II ~v<v IA.JC~,"'" ~ OrHeOU. ,\t t'C'.. ( ( 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 ~! A . . . ( ( 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. of ADOPTED by the Chanhassen City Council this , 1988. day CITY OF CHANHASSEN BY: Thomas L. Hamilton, Mayor ATTEST: Don Ashworth, City Manager -2- i~ , ~ ( ( Chapter 6 BOATS AND WATERWAYS. Art. I. In General, fA 6-1-6-20 Art. n. Structures, fA 6-21-6-45 Art. nI. Watercraft Operating Regulations, fA 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 . .. . =#;2- ( c . ~ 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 e e e ~ ~ ~ ( ( BOATS AND WATERWAYS ~ 6-4 . 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, U 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 e e e , ~ ~ ( ( BOATS AND W A TERW A YS ~ 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 lake shore 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 aff'll"mative 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 80 located as to: (1) Obstruct the navigation of any lake; . 331 . . . ( ( ~ 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. (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 lake shore 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 lake shore site or storage of watercraft upon any lakeshore site is permissible however at any time other than overnight. 332 e e e ~ , ~ ( ( BOATS AND W A TERW A YS ~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 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. W ATERCRAFr 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 e e e ~ , ~ ( ( 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 (40) 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) . 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 ofthe person being towed. COrd.. 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. . 335 [The next page is 385] . . . ( ( 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. Hall F;'.1i.C~:'/':::..~ 3 JUL 12 1988 CITY OF CHANhASSEN '-- ( ( BRADLEY \\ . SOLHEIM Al'TOq...~, "1' lAW . 133 WE ~- ~""!'1 5T"EET W...CONIA """''''[ !OOTA 55387 -A P r i 1 :.;, 1 987 1812144&-5535 18121442_2045 Mr. C. Russell Bohlmann Omega Group Hazeltine Gates Building Chaska, MN 55318 RE: Outlot A, Kellynne Add:~ion Dear Mr. Bohlmann: Pursuant to your request, I ~ave reviewed your proprietary rights in Outlot A, Kellynne Add:~ion, Carver County, Minnesota. I have personally ve~ified with the Office of the Carver County Recorder that you r.ave a recorded fee ownership of Outlot A. This ownership is i~ fee simple with recorded perpetual easements over and acrcss 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 O~~lot 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 O~tlot A. . In response to your questio~, you are free to do whatever you wish with either your ownersr.ip and/or easement interest. Should you wish, you ~an sell Outlot A to anyone you wish. The property then would be transferrej 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). To do so, the easement interest would be deeded to whomever was 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 be 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. . Since~elYi~ l"'\~-'~ ~~~~"-~ "'CF ( ( . July 21, 1988 Don Ashworthl Joanne Olsonl 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 6/1188, 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 2:00pm-7:00pm, (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~:'J:.::.D would be sent to issue a warning to the boat owners. JUL 2 5 1988 June 20 - A warning citation was issued. " .~'{ )1- CI iANt ,A;..SEN f}t-Lchwt~1t -f :Ii ( ( 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 . . . . ( ( 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 C\ . (\ J rl" --' r-- ~~ 2f- t) ~_/ ~.,? / / ....---;.~ / / It/u....'-? ~~--- ~::.tv't.--/ DAVID L. ,AND MARY TESTER 3897 Lone Cedar Circle Chanhassen, MN 55317 474-6527 /' JOH 3900 Lone C Chanhassen, 474-6931 c:::;.... "", ,~r r ( ---- ' . . ... . .. ::!, ~ ~~ ~I i,- -," (, 'U \'. n. .-\ "I' . '. I . U . . ~~!!1!!!!!! .~ Jamea K. HcCleu'y and Carolynne tlcCleary, hi. wife, ownen of land deacdbtd .. Lou (!)0 3 and 4, Bloc~ I, and' LoUQ). 2, and 3, Block 2, E3; Eellynne, Carver County, Hinnesota, for the purpose of creatina and specifyina ~ -i:'< the rithts of the owners of ~rtain of the above .described lots over .aid Outiot I \ \ \ ~ hereby covenant as follows: 1. The owners .nd their hein and anigns of Lots (!) and Q) Block I, and Lot (!) Block 2, Kellynne, Carver County, Minnesota, shall' have a ~rDetu41 easement oyer and acrossJ2utlot A. Kellynne to the .hore of Lake Hinnewa.hta, provided, however, that no .uch person shall construct or maintain any dock, pier.~boat slip, boat lift or hoist, either on .aid Outlot A or in the watera of Lake Hinnewashta between the ea.terly extensions of the north and south boundaries of .aid Outlot A, nor .hall any .uch person drive any motoriaed vehicle on or over ,'it 2. Ho person shall cause or allow to be parked, atored or placed upon . said Outlot A. , Outlot A any vehicle, lrailer, boat, structure or per.onal property of any kind whatsoever whether or not a part of the real est~te. 3. The owners and tbeir heir. and a.signs of said Lots(pand~ Block I, and Lot(!j Block 2, lellynne, sball maintaia aaid Outlot A and keep it free of DOxious weeds, trash. Ii tte.LJI-1Uf-&Al[.b.~e.. and sl.!.!.l1-ke_~~UUJbUJl.Qll. '~~d... All owneu of Lots dJ and ill Block I, and Lot6) Block 2, and each of the~ are obliaated to maintain said Outlot A accordina to the terms of this coveDant, and said obliaation may be enforced in any court of juri.diction by tbe City of Chanhas.en or by any owner of Lots 3 and 4, Block I, and Lots 2 and 3, Block 2, As an additional remedy, the City of Chanh.ssen or any owner of Lots 3 and 4, t t Ilock I, and Lots 2 and 3, Block 2, may recover by action in'a court o~ juris- diction from said owner. Qf Lots 1 and 2, Block I, and Lot I, Block 2, or any of ~. them, all amounts rea.onably expended by the party recovering for ..intenance of Outlot A as sel forth herein if .aid expenditures were made after .even (i) daya from written demsnd upon any such owner of Lot 1 and 2, Block I, and Lot I, BlOck 2. . '\ .., -- ~ . .' r-. ( r ~ -- --- 4. The.e covenant. are for the mutual benefit of all owner. of land in lellynne, Carver County, Hinne.ota, and the ea.ement. herein .hall remain forever for the benefit of and encumbrances against Lot. 1 and 2, Block I, and Lot I, Block 2, Kellynne, Carver County, Hinnesota. WHEREFORE, the underligned have hereunto let their hands on thi. 14 day of June ,1979. MCCle~~ .-- OREGON STATE OF ~.- ~ )... COUNTY OF VASHlNGTO, ~ ~ . The foregoing inatrument vaa acknowledged before me thia 14 day of June, 1979, by Jamea K. McCleary and Carolynne HcCleary, hUlband and wife. . ............... .....~.\~... .: ..;0:..... : ::':" .r;" , .: ,. . , . .:..... rJ ~ ."... NOTARY STAMP . 'OR SEAL James 1. McCleary and Carolynne HcCleary, hUlband and wife. IY ,r (l4~ lCar1ena 'rhoma Signature of perlon taking acknovledgment. Colllllliasion Expiresl Ma.1 50, 1982 Drafted by: Grathwol, Ploetz & Oberhauser 1421 East Wayzata Blvd. Wayzata, HN 55391 4tJ;~UO l ~ ., /'J -4- -:t- .- . . . ".. .. . ......... . . . ~... ( CITY OF eHAIHASSEI . 690 COULTER DRIVE. P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Barb Dacy, City Planner FROM: Lori Sietsema, Park and Recreation Coordinator l S 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 ParK 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 per~onal 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~)mmission.Meeting April 12, 1988 - Page 35 ( 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[ ommission Meeting April 12, 1988 - Page 36 c ~ '- 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. r 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 t~am 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 bert. and then refuse to go. Don't have enough guys that get off of work or whatever it is. ( c CITY OF CHAHHASSEH /3 690 COULTER DRIVE. P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Park and Recreation Commission FROM: Lori Sietsema, Park and Recreation 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 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 . ( ( Park and Recreation Commission Meeting April 26, 1988 - Page 32 -- . 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 ln 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. Thi 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 existi.ng 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 thi.nk 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? E 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 .. . -r 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. mound of sand that high. There's no trail right Right now there's a 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 throu.gh. - 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 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: them. What we've done is we've just thrown some more sand down there for 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? ( c Park and Recreation Commission Meeting April 26, 1988 - Page 36 , . ~ Sietsema: I really have no idea where they get the sand. Mady: It didn't corne 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 r 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 . Sietsema: We could go down there at 7:00 before our next meeti.ng. 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 li.censed 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 .r . 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. . r 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 tha 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 0 F CHANHASSEH 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 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 Cowmission May 6, 1988 P ag e 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. - . .. . ( ( ....... ,Ll, c;;I I{...) . CHANHASSEN PARK AND RECREATION COMMISSION 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 is 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. , ( 1 ( ( CITY OF CHARBASSEH to -- 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 coordinator~ May 31, 1988 DATE: 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 tinued storage of boats not a permitted use and measures to remove'them Public Safety Department about the con- along Lotus Trail on park land. This is Jim Chaffee indicated he would take if necessary. . . . . ( ( Park and Recreation Commission June 14, 1988 - Page 30 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 d~n'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 recommeodation 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. r 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 wi.th 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. ( ( Park and Recreation Commission June 14, 1988 - Page 32 e) 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? it's out in the water a ways it's alright? As long as 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 tbb 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 Ir . Lynch moved, Watson seconded that the park along Lotus Beach be brought up to park maintenance standards with spaces, proper signage and swimming bouys. All voted motion carried. Trail at Carver four parking in favor and the 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... r 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 corne 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? ( ( . 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 surf~ce 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 swi~ning 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 Lotus Lake, the Sheriff's patrol was out in because I witnessed them issuing a citation I was glad to be seeing. time. Point of information, their boat Saturday afternoon to one of my neighbors which ~ 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. I 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 ......~_h _ .... ( ( 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. 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( '/~.f', V';., , J'. / l ('~ ..' ,/ - , /~"r '~I .; ./ ') . ( /. ,t' "'/' /t. ! . I . , . \., i,.I!, 'rlite .,,(l/ , (:,1/...(' 1..-1;1L'( I' \.....;1:-..<......- ,.- .-::,.....:/..t! ~ ~ '/ /7:/' .' 9'i~~~ ..) . , ! 1.../.,,/ t.['.....l - 4-; \'.r' .) .-- ~I' " 'j \">", \)' ~ ' .. #Ji""J.. l.J ~ ~" -. ,."-. ';.-. .i~jt-'~~.~ /. " {') ...' 7 . ,. _t~~... ,t; (.(;/,/ .'...., . ,,..14 f? ;?, :~' #~ 4... I! ;, r \_..,~ . , 'f '., .. iffrO;:., rl.d''J-t ; :7~" )\6 .&'7-;;21 hflzls $q) ~f'7 t/ ~ ~5't;"c} I.. 4tfct-.;;J/33 \ .. C/lC?5 &Ai.1vr@ JAr-t~' L(74- ()89cr ~ Cf '1 ( CIN1P,4((f<Ac. LN', L( I ~ -'5'8 J- 7 'Jo\6 e~"d.'f d1U1Jl.\ .~ 47lJ -1 t,r8!' '7 6;!.O d~^J,.~.Q ~\, .~ 1 4 - 3 ~ I.,,:i-- ; .,'; ~ ..... ..it;~ .;~ ........',. . ',,', .;'::,' . - ." -., ;';!."':' .~'~k:':Z' i~~;. ;~' ":'~'" "1'-';' ~-<~; ". ......,.. :", ~ ~ Van Doren Hazard Stallings Architects. Engineers- Planners MEMORANDUM TO: Lori Sietsema, Park and Recreation Coordinator . FROM: Scott Harri 6t.eH- J.I.~ DATE: December 7, 1988 SUBJ: Sidewalks along Carver Beach Road and Laredo Drive Improvement Project No. 88-21 VHS Job No. 88-316 . Enclosed are 10 sets of plans for subject project along with copies of the construction details. The purpose of this memorandum is to provide a summary of the final design features. We understand the plans will be presented to the Park and Recreation Commission at their December 13, 1988, meeting. We will be available to assist you with the presentation and discuss the final design. Laredo Drive 1. Five foot concrete sidewalk located along west side of Laredo Drive from Chanhassen Elementary to Frontier Trail. 2. Russian Olive tree branches hang across sidewalk. Some selective trimming is necessary to provide adequate headroom. No removal is required. 3. A 36 foot extension to a timber retaining wall at the Pat Kerber residence is necessary. 4. A catch basin inlet will be modified at Longview Circle to allow a pedestrian curb ramp to be installed. 5. Minor boulevard regrading is necessary at the residence located in the N.W. corner of the Highland Drive intersection. 6. Painted crosswalk striping is proposed at each cross street. . 7 . 8. All areas disturbed by construction will be sodded. All improvements are proposed within available street right- of-way. 3030 Harbor Lane North Bldg.II, Suite 104 Minneapolis, MN. 66447-2175 612/553-1950 Carver Beach Road 1 . Five foot concrete sidewalk located along the south side of Carver Beach Road from Powers Boulevard (Co. Rd. I7) to a point apposite the west end of the park. Narrow right-of-way, mailboxes, trees, hydrants and hedges were factors in shifting the entire sidewalk to the south side. . 2. Two cable TV boxes and one telephone box require relocation. 3 . Relocate approximately residence located in intersection. 50 feet of split S.W. corner of rail fence at Penamint Lane 4. Relocate and install two (2) catch basins and rerade boulevard of residence located adjacent to the park. 5. Construct an iron pipe handrail along the sidewalk adjoining the steep sloped area at the east end across from the park for safety purposes. 6. Proposed lighted crosswalk at the park along with pedestrian crosswalk warning signs and pedestrian crosswalk signs. A 30 mph speed limit sign is proposed just west of the Nez Perce intersection. 7. Painted crosswalks are proposed at each cross street intersection. 8. All areas disturbed will be sodded. . 9. All improvements are proposed within available street right- of-way. . ROW Var. (See Plan) , - Variable ".- ,. fL - ~ ~... ..'; -II, ..",.:" . I . .~, :!: .' . -. tit, 4- Concrete Walk .- Min. Agg. Base CL 5 NOTES: 1 Provide 1/2- preformed joint filler material when adjacent to concrete c....b & gutter or driveways. 2 1/2- expansion joints at 80' (approxJ intervals. 3 Contraction joints at approx. 5' Ipacing. . 4 Refer to current MnDOT Standard Specifications and Standard Plate No. 7035J. 5 Thicken sidewalk to 6- at gravel drives. CONCRETE SIDEWALK' 0..1 . A1 5'Q" ~ 4'0" . + + aJ PLAN VIEW OF RAMP *3' O. 4' 0" .,. I O' 0" .' ;".:-'; .::.>:.i~'f.:~ .::::'. a' O. ELEVATION OF RAMP 4' o. Cid ., Cd t 1 ~ ft._ \ ,--,---- --..---....- ---- - ....., . ", ..... . ... .. ~. . . , I ... _, _.. . .. -... -. ..." ... .: .- .. .. . .- . . .. . " e. .. .. . .:. a. ... .;;...... -.M :..: . '. . .' 4- ,..... ... "00 . e.. .. ...... ....'" eo . ... ._. .. . . . .. . .'. I.. . . : ...:. _. .. .:. ~.: SECTION A-A NOTE: 8awcut pavement for removals In areas of sidewalk ramp construction. ~ Adjust this dimension to fit conditions at .ach location. PEDEST~AN CURB RAMP 0-2 Q ~ E - lIS CO 0:_ ~ . IJQ CD . ~ >- 'C uC - fJ) C" lISt) - .. .. - ..::I IDO' t)eI) "a: t) G.~ -I - - c:( ci >- l- I- - W . C w - (!) - Z - - . D- D. >- - I- - a: - . I- ~ w rn w - ~33~l.S w a: >I >1 ~ ~ (.d~.U,~ _ (I,) -I - c:( ~ .. rn rn 0 a: 0 ~ co ~ CD :2 fJ) 'C CD rn o Q o ... ~ 0-3 Cwb and Gutter 8" Pav't. Paved Alley ~ Private Wllk Provide Nermed late Jo Int at 1/4- per ft. slope toward raadllltay ..._ end In sidewalk,. ..tlen .lde_lk Is adjacent to curb and .,uer. -1 :k:.: ~:'.: ;'.:::":":':.: :~.::: :::..;,:. ;',:.. ::;:~.~, l l 'i . 1~'-"d1' -J 4' PlAN SECTION THRU WALK CONCRETE WALK Q) @ See Std. Plate 70361nd plans far placement of pedestrian curf:ll'lmp HALF PLAN PERSPECTIVE 5-101- cIts-., 15J... ... SECT I) N A-A ENQNEER IEFEIUeE See Road Design Manual. far ~ic .ii9l ofenll'lnces. CONTRACTOR REFERENCE See plans for placement of ..Ik Ind dillttlsions for c:onstn.lction of drivewaJS. CURl lET"'" Where the ...Imulll .1~""le -.a .... would be exc:eeded, due to the ,os1Uln ,f 1M exlsUng "":, the _Ik shall. __ alii ~placed, . the pa...ra ...... ID...... the requift!d enIrInce sa.". ;rs'VEDJa.!l:...~OJ!'lV- ~.{.)t..~I~.,~ t~or Mat....,.. R._rch end Stenderdl STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION CONCRETE WALK & CURl IETURNS AT ENTRANCES SPECIFICATIClH IEFEIENCE 2301 2521 2531 IT ANDAlD PLATE NO. 7035J D-4 . .. c e-a ~ ~ o~ ~! .en .-a ~ ~ . . -a ..- II. 0 o. . o A III OCD~ . 0 aC,;" -.. 10 ~.." E 0 en . =2"'~ ,.0. CO.. o C . u2i: :.... . . : .. . . - .. 'If ;... . ... -:- ----=' *,. - . ~.... .... :,:....~. E.:.....,. . ... . I "f..: . . . . .. ~ ~=~. ~ ... 11& I io .to ( --1. '" I 1 I I , I I I ~ : I I I Ie I I 1&1 I l...._...J ..J - c( I- 10 W 'P" Cc+ c: ~ ~ O''P'' ..J ~ . c( ~ ~af/) Wc:O w ... Qm~ en m .f- a G: t'I ... c: 'P" c(Oc (3 ... ~ ., en D-5 - "' I " 1( ... :1" 5 . I t 1 J 1; ~ f'! ~ I I'CI, . to J Il~ ~~ -= ~ +1 . - "';'.. ~ " w~ II ~ t i..!!j:;1Jl ~.i11j,.;fi to .I ..0 .z J '~;1 J=r!9) ri~IIHh .i.. 0 :i4 z CZ -- zU I-'E s.....IJ' IE j- i -.. c : . c a:Z .Ira;. 11 e II~.! e Dogl ~f ~..; > ..... .I wC .. f) f) ilSJ ... I i::i =tj p~ p 1~1 ~11 ~~~ .I .1..5 ..W "':SIC" IN.... -.. ~ .!I. .. J:sl -'4. '"' . ~ 5. 9 j H:;1 ii"':' ~ . ~ 'i · J:!2 jl. CA: .1 ;!n~ 11 11 lit it; ~;ll!~ . .s. ~ ii ..I ';1 ..ZlI'1 ..S :".51 dlJSiJ{ !j ~1 nil i.~; Us ~d .it ~: ..9 "0 ..8 ::S-s z::I.~~'O e e e e e @ : " :::..i !::!c: -0 ..t :(,ROVED _~ ~J'!.5 _. - ~~,i; TedI"i~ s.mc.. ~ Ji . i vii ~tl ~ I .1]_ I i i! ! ~.s-s z c E e j ! 0 J ..:a '" J il z ..;. 0 ~iI ~ ...I.. C ~ol ":I > .II, W J" ~ it -= - I .I :I o e", ! J ] ..S,I..S.I ..01 .Z +..9 jt. .......\,. .-. '.4.,. ~ i z" ~ .::;: ~. =:=.;:;:t : 2 ..... .. .4:... ...,.... ...::).. OOU ~~z ..0.0 ~ "c ;.. . '" :~~::-~:. = _ . 0 a. -- . .. ..4.......~ z.z ...... "'-0 .... j> i ~ ~. 5C1, C ~ 5 ~~ ! > .. f .. .. .tl .. au rI..i1~. ... C B ":'.1 I W !JSl ~f.lo a Q (II W : t c:J !... ..~ ... c 0... "z :w z 8 '. .0 ..... c..... 4'.' ....!I- .... CI, 8 ... 1 31 u;0 ... ~ ... a . ..!Idz ...1 ~ '" .. "'- .;S .1 1 wI. f.l .s..:!I :co !c1~ eI!l ITATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION SPtCI'ICA lION ."tUNCI 2402 IT.AMDAlD PUTE lID. PEDESTRIAN PIPE RAILING (ADJACENT TO SIDEWALK) 84018 D-6 . . Oz -.. :E CURB INLET 'RAMC.8RATE,CURI IItOX SHALL IE NEENAH II - .50-A I "I~, J MAX -I. lHlQC CONe AD"UST'IftG "~G.I 24 . ., ...... *. -.: 'i-.\' .:'. ":. :'. *::;. ~:: T I. - ~ -," .1.1 ~-O" a.lAX. CATCH BASIN MANHOLE NOTE:ALUM'N!J~ STEPS SHALL IE PR:iV1DED IN ALL ~T04 IASlNS AND STORM SEWER MANHOLE .u DE TAILED IN STANDARD NAN HOLE CUAIL 0-7 CITY 0 F CRANRASSEN ~ ::; . 690 COULTER DRIVE. P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Park and Recreation Commission Lori Sietsema, Park and Recreation Coordinator /~ December 1, 1988 ::> FROM: DATE: SUBJ: Lake Susan Park Master Plan Along with the LAWCON grant application on Lake Susan Park, a preliminary Master Park Plan was submitted. As time did not allow, the Park and Recreation Commission did not review the plan prior to submittal. We are now in the final application process and approval of the plan is necessary. The preliminary plan includes the facilities identified by the . Commission, i.e. boat access, entrance drive, fishing pier, multi-purpose trails, softball, tennis, basketball and parking. The active facilities are shown away from the passive and aesthe- tic areas on the lake side of the park. The boat access is pro- posed in a location that will have the least impact on the view of the lake and the mature stand of trees. Attached for your review is the project description that was included in the application packet and a site plan. . .., . . . PROJECT DESCRIPTION Project: Lake Susan Park Boat Access, Entrance Drive, Fishing Pier, Multipurpose Trail, Softball, Tennis, Basketball, and Parking Lake Susan Park is unique in Chanhassen's Park system because it serves a mix of industrial and residential users. The park is . located along County Road 17 in the Chanhassen Lakes Business Park. All of the land lying north and east of the park is zoned industrial. Since 1980, Chanhassen has shown a strong local commitment to the development of Lake Susan Park. The park, which comprises approximately 25 acres, was acquired as part of the dedication requirements for the industrial park. In 1981, the City constructed a stone and cedar building which serves as a picnic shelter and well house. The cost of the picnic shelter portion of the building was $50,000 which included a bituminous parking area. In 1983, and $8,000 contract was awarded for landscaping improvements. And in 1987, the Chanhassen BRA spent $142,000 to acquire an additional eight acres for active recreational facili- ties. Although access on all Chanhassen lakes is a goal of the City, boat access on Lake Susan has become a priority due to the Lake Riley Chain of Lakes Clean Up Project, sponsored by the Bluff Creek, Riley, Purgatory Watershed District. This $1 million pro- ject,which also involves the Pollution Control Agency and the Minnesota Department of Natural Resources, will improve the water quality and fishing on Lakes Lucy, Ann, Susan, and Riley. As Chanhassen has been asked to provide public access on each of the lakes involved, the City Council and Park and Recreation Com- mission have included the project in the 1989 Capital Improvement Program. With the increased development in the area of Lake Susan Park, recreational facilities become more in demand. The proposed ath- letic facilities will meet the immediate and long range needs of this part of the City. The proposed facilities will compliment existing facilities within Lake Susan Park as well as the remainder of Chanhassen's park system. The park has been designed so that the passive and the active uses of the park do not conflict and natural areas act as a buffer to the residential area to the southwest. .~.:~~ . ~ I .', . - .~.~I~:' . , ::,.5t*~ ":,r,, 1:- ..:,-.-..,.. ...... i:',':.' ..".... .. .~.:;~~ ....<'~. ..~ :.;~.,~:, . ~';'~~~. :;ij . .' .~~;p;jj .:;~ '... .-" . '.:';; ,-'.:', \.....:..;.. -. ":;" "~'" ....~'.. : >-';", .}.~-~.;<.;.Ji":~.., . CITY 0 F CHAHHASSEH ~ . 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 coordinator~ December 8, 1988 ~ DATE: SUBJ: Appraisal for the Carrico Property The Park and Recreation Commission reviewed the site plan pro- posed on the Carrico property, located next to Pheasant Hills and Lake Lucy Highlands, at their last meeting. The Commission directed staff to have an appraisal done on the property and to work with the Carrico's to agree upon a price for the entire site. . The procedure for this direction would be for each party to have an appraisal done and negotiate from there. This item was sche- duled to appear on the December 13, 1988 agenda anticipating that the appraisal prepared for the Carrico's would be available. Unfortunately, such is not the case. To review the appraisal prepared for the City would have little meaning not knowing the Carrico's position. Therefore, it is staff's recommendation to table action on this item until the Carrico's appraisal is available. . . . . MIl ~~~~~~Si~~~~~l:Si!~~e:ter m 17809 Hutchins Drive, Minnetonka, MN 55345 - - - ~ ~ Phone 612-474-9443 Fax 612-474-0922 November 21, 1988 Ms. Lori Sietsma Park and Recreation Director Chanhassen City Hall Chanhassen, Minnesota 55317 Dear Ms. Sietsma: At your request, I have personally inspected an 11.67 acre parcel of land on Lake Lucy Lane in Chanhassen. I have also reviewed a preliminary layout of the parcel contained in the "Carrico Addition" plat which was revised September 9, 1988 by Cardarelle and Associates, Inc., Land Surveyors. You asked that I provide you with my estimate of the current fair market value of this parcel. Based upon my investigation, I am of the opinion that on November 21, 1988, the date of this letter, the subject parcel has a fair market value of: FIFTY EIGHT THOUSAND FIVE HUNDRED DOLLARS $58,500.00 This was a very difficult parcel to evaluate. While it is an attractive parcel that would be reasonably easy to develop and would have appeal to prospective homeowners; it is not within the confines of the Metropolitan Urban Service Area. This, of course means that currently, it cannot be subdivided in the manner proposed in the preliminary plat proposed by Cardarelle and Associates. According to the current Chanhassen Zoning map, this parcel as of February 19, 1987, is in a Rural Residential District. The City Code indicates that a one-unit per ten-acre density is required in the zoning district. If I read the code correctly, 2 units could be built on this property unless it can be rezoned. It can only be rezoned if it can first of all be placed inside the MUSA line. Real Estate Services for Business Individual Membership, Society of Industrial & Office Realtors . Certified Commercial & Investment Membership · National Association of Realtors Minneapolis Commercial Multiple Usting Service . Independent Fee Appraisers Association . ( L Ms. Lori Sietsma November 21, 1988 Page 2 I had a long interview with Mr. Carl Burandt at the Metropolitan Council concerning the probability of the subject property being put inside the confines of the MUSA line in the near future. His answer was that since Chanhassen has substantial land within the Urban Service Area now, he would think the possibilities would be very low. He went on to say, however, that the City Council does have the right to move the MUSA line around. This can be done only by "swapping" some land that is currently within the MUSA line for some property that is not so that the area within the MUSA line remains the same. The owner of the subject property, he explained, would have to find an owner willing to "swap" and would have to take his case before the Council. I talked with land developers in my efforts to determine the development potential of this site and the costs involved. One developer, Mr. Don Peterson, told me of a very attractive 15 acre parcel he was about to purchase in Plymouth. His last minute research revealed that the property was adjacent to, but outside, the MUSA line. He went to the City of Plymouth and was told that there was no way this property could be subdivided into residential lots until the mid 1990's. His comment was that he would never aga~n consider a property in this situation. Too risky, in his opinion. The City of Chanhassen has been doing some Tax Increment financing in some parts of the City in an effort to encourage development. One might assume from this that the City might be somewhat positive about getting this property within the MUSA line confines. Current real estate taxes on property are $572. If homes were built on the 13 lots that are proposed, the taxes based upon 1988 assessments would be in the area of $3,500 a home for a total tax potential of at least $45,000. (13 X $3,500). I have called the Planner's office in Chanhassen to get another opinion regarding the likelihood of the rezoning, but have been unable to get a call back. Andrus Agency, Inc. Real Estate Services for R"d"""" Ms. Lori Sietsma November 21, 1988 Page 3 I have reviewed the sale prices in our files of many single family residential lots in Chanhassen and the surrounding area, and have concluded that the fair market value of the lots proposed in the preliminary plat we have referred to at this time would be approximately $30,000 per lot. In referring to our files and talking with some developers in the area, I have come to the conclusion that the reasonable price for a developer to pay for this site, assuming it could be developed as the preliminary plat specifies, would be 25% of the estimated projected sale price. We have projected a sale price of the lots when completed to average $30,000. 13 lots X $30,000 = $390,000. 25% of $390,000 is $97,500. Because the subject property is not inside the MUSA line and because it is zoned rural residential, there would be a great deal of risk and a lot of work involved for a developer who would purchase it based upon its 13 lot development potential. For this reason, a 15% of projected sales price rather than a 25% of projected sales price factor has been applied. 15% X $390,000 = $58,500.00. A representative from our office spent several hours in the Carver County Assessor's office this week tracing all land sales made in the county in the last two years. We therefore have a good idea what has been paid for acreage sales when the land has been zoned RSF and when it has been zoned RR. We also feel we have enough information to indicate to us what finished single family home sites have been selling for. In the essence of time and the expense involved, we have not gone into detail regarding comparable sales in this report. If you would like us to do so, I will gladly send some examples of actual sales that helped us to a conclusion regarding the fair market value at this time. This estimate of value required a great deal of research and some assumptions. It was necessary to consider the value if in the MUSA line and value if outside of the MUSA line and the probabilities regarding rezoning. We also had to consider the value of individual lots if completed as plotted. The value conclusion has hopefully taken all of these factors into consideration. Andrus Agency, Inc. Real Estate Services for Business " l Ms. Lori Sietsma November 21, 1988 Page 4 This should not be considered as an appraisal but rather an opinion of fair market value. An appraisal would involve much more detail and include all of the legal aspects of the property involved. I would be glad to provide you with all of the detail if requested. If this report has not addressed all of your concerns regarding this property, please let me know. I assume no responsibility for matters of legal character affeacting the property. It is assumed that the title of the property is good, free and clear of any liens, encumbrance, and title defects. No survey of the property was made andtherefore, the size of the lot and the boundaries are taken fromrecords believed to be reliable. I have no personal interest or bias with respect to the subject property. It is understood that I will not be required to give testimony or appear in couart by reason of this estimate of value, unless prior arrangements are made. I thank you for this opportunity to be of service. Sincerely: Bud Andrus Andrus Agency, Inc. Real Estate Services for Business . CITY OF CHAHHASSEH 1 690 COULTER DRIVE. P.O. BOX 147 . CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Park and Recreation Commission FROM: Todd Hoffman, Recreation superViSo~' DATE: December 6, 1988 SUBJ: 1989 Fourth of July Celebration . With the 4th of July Celebration for 1989 just over six months away, planning for this event is underway. To begin this pro- cess, I would like to discuss this annual celebration with the Park and Recreation Commissioners. This is being done in hopes that each commissioner will review this item in some detail enabling each to share their thoughts on how we can change, modify or otherwise improve this community celebration. The planning process for this celebration encompasses a variety of duties including creation and development of events, contracting with a fireworks display company, entertainment and concessionaires, solicitation of sponsors, scheduling activites and promotion. I have attached information concerning ooth the 1987 and 1988 celebration to enable you to freshen your memory and gain some background knowledge. This includes a complete evaluation and a schedule of events. . ,f_~, ~_ ~ O~ .. .:~ "':" :.,a f;. '.' ...71':,,....,. -~-:). ... t:. ! h ~ o .... ~ ~= ~~ ~~ 8~ ..t:tJ C,,)~ ~~ ~O .oW C,,)~ ~ <<) <<) 0) .-4 . (~ J u.t Y\ . 3~~ Qla 2 > ! wILUI..J Q :to :>>~ u>? ~ IJ.I ~ ~ o ~ ~ g. ~ g :s ~'5'9P ~ $ '9P ca ~-= ::s CJ -= M ~ ~ 0 ::s ~ ~ ~ ~ ~ M ~ ~ ~ ~ri:ca3~~ ~~~~i~ 6 ~ = ~ 0 :s 0 0 0 ~ 0 m ~ ~ en m oS:; t~~g..8 r.< ~ ~ ~ ! ~ ~ ~ ~ ~ ~ ~ ~ ~ fI.) ~ ~ CIJ o M ~ 0 5 ~ 0 0 ~ 6 ~ e ca ~ G ~ ~ ~ti~ flicn u ~ ~ ~ ~ ~ ~ ~ 'CO cI/:l p.t~o ~ ~ ~ ~ g ~ ~ :; ~ ~ s ~ ~ ~ mOo ~ ~ S ~ = m ::s = = = = = = = = € - cn ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ; m m m m m m m m S e i ~ j j j j j j j j ~ ! ~ m u u u u u u u u u 0 ..e- t ~ ~ ~ M ~ cn '0 0 ~ ~ ~ ~ ~ p. i ~ :; Cil '0 e- ~ 0 ~ ~ g - d' ~ 5 ~ o ~ ~ en E .0 J: ~ 5 8 r5 en = o o e '0 0 = .... m ~ ~ ~ ::s m ,Q " en ~ .!II: M >. .... m .s m !3 Po ~ ~ i ~ ~ ~ .s . . . . ( 1988 4TH OF JULY EVALUAT[.~, Saturday, July 2nd 1. Chanhassen Rotary Concessions The Rotary set up a concession booth and beer wagon at the east end of Lake Ann Beach. Products sold included hot dogs, pop, beer, chips, popcorn and snow cones. Saturday turned out to be a slow day at the beach. Future Recommendations Attempt to minimize generator noise by location in a dif- ferent area or by renting different generators. 2. Adult Fishing Contest Thirty nine people registered for the contest which was held from 9 a.m. - 11:00 a.m. at Lake Ann Park. pre-registration for the contest was required. Check-in the day of the contest was from 7:30 a.m. - 8:30 a.m. Entry forms were available at Chan Bait & Tackle, Q-Superette and City Hall. The entry fee was $10.00 per person which entitled them to a $5.00 gift certificate from Chan Bait and Tackle and a twelve pack of pop or beer. Five cases of pop were donated from Q- Superette, seven cases were purchased and ten cases of beer were donated by Coors Distributing. Prizes included a Minnkota Trolling Motor, a Fish Finder Depth Sounder, four reels and two rods. Prizes were purchased from Chan Bait & Tackle and Johnson Fishing at wholesale cost. Check-in was held on the asphalt trail adjacent to the boat access. Future Recommendations Registrations almost filled but a majority of the registra- tions came in the last two days before the contest. This made it difficult to estimate the number of prizes which could be purchased until the last minute. In an attempt to alleviate this problem pre-registration should be more aggressively pursued. Information can go out two to three months in advance to ensure full registrations. The maximum number of registrants was set at 50 people and 25 boats, . these numbers should be used again. The contest should be lengthened by beginning at 8:00 a.m. and ending at 11:00 a.m. or 12:00. The quiting time should be controlled better by establishing a check-in time for all boats. The contestants would then be allowed to fish as long as they wish, but must return by check-in time. The prizes and prize catagories were acceptable and should remain the same again next year. Boats should not be allowed to stray from the access after launching. Solicitation for sponsors should start in December or January with the emphasis being placed on the fact that Lake Ann is a beautiful non-motorized lake. Dona- tion of prizes would allow higher quality prizes to be ( ( 4th of July Evaluation Page 2 . purchased and would allow funds collected for the adult con- test to be used for the kids contest. The largest fish caught in 1988 were a 6 lb. 1 oz. northern, a 3 lb. 1 oz. bass, a 7 oz. sunfish and a 4 oz crappie. Expenditures - $319.60 prizes Revenue - $320.00 entry fees 3. Sailboard Demonstrations Mark Layborn of Bavarian Surf was contacted in March to inquire about the possibility of having sailboard demonstra- tions at Lake Ann over the 4th of July weekend. An agreement was made that Bavarian Surf would provide free sailboard demonstrations from 1-4 p.m. on Saturday, July 2nd. Three instructors were on hand during this time, however, adequate wind was not available to make deomonstrations possible. Future Recommendations Bavarian Surf should be contacted again in 1989 to see if they are interested in doing this again. Other potential organi- zations willing to do demonstrations should be contacted 6 . months before the event. These demonstrations add festivity to the day at minimal or no cost. Sunday, July 3rd 1. Chanhassen Rotary Concessions The Rotory did a fine job providing concessions booths at the beach and near the ballfields. Sales increased on Sunday as a result of the increased crowds in the park. 2. Kid's Fishing Contest The fishing contest was held from 9:00 a.m. - 11:00 a.m. Children participated in two categories, 5-9 and 10-15 years of age. Check-in was held from 7:30 - 8:30 a.m. A total of 80 children registered. Bait was provided by Chanhassen Bait & Tackle and was delivered on-site. Prizes were purchased from the Future Fisherman Foundation, Johnson Fishing and Chanhassen Bait & Tackle. Prizes included caps, patches, fishing poles, tackle boxes, savings bonds and Twins tickets. Prizes were awarded in three categories, largest fish, longest fish and smallest fish. The majority of prizes were given away through a random prize drawing. Check-in table . was set up near the gate at the boat access. Balloons were used to decorate the area adding a festive touch. (. ( . 4th of July Evaluation Page 3 Future Recommendations Solicitation for sponsors should begin in January of 1989. Johnson Fishing and Holiday Stores should be contacted to inquire whether they would like to be major sponsors. The continued involvement of Chanhassen Bait & Tackle should be investigated. Their involvement is very helpfull. The for- mat of awarding the prizes can continue to be refined to minimize emphasis on winning. The majority of prizes should again be given away in a drawing. Every child should also go home with something. Future Fisherman's Fishing Fun for Kids Booklet was handed out in 1988. Attempts to make arrange- ments for a television, VCR and power source to be available on site should be made. This would allow the Future Fisher- man's Foundation audio video tape to be shown. Hopefully the application for a fishing pier will be approved and we will not have to wade next year! Expenditures - $258.70 prizes $ 16.50 trophies Revenue - $152.50 Donations 3 . Men's and Co-Rec Softball Tournaments . Eight men's teams and four co-rec teams entered the 1988 tournaments~ Originally scheduled for both July 2 and 3, the tournament was shortened to one day, Sunday, July 3, due to the lack of registrations. Umpires were provided by Bob Lanzi of Eden prairie Park and Recreation. Concessions were available at the Rotary concession booth and field main- tenance was provided by Daryl Schmieg, Park Maintenance. The registration fee was very reasonable at $45.00 per team. Trophies and twelve packs of beer were awarded to the top three finishing teams. The two first place teams also received 15 Chanhassen 4th of July t-shirts per team. Future Recommendations . Similar to last year, registrations fell short of expec- tations. This can probably be most attributed to the reluc- tance of teams to committ their entire 4th of July weekend to playa softball tournament. The idea of offering a variety of one day tournaments should be investigated. Avertisement of the tournaments should be upgraded to include publication in the MRPA Tournament Listings. Mailing to other area leagues should also be sent. The entry fee should be increased to $65.00 to enable the provision of game balls and more attractive prizes. Bob Lanzi provided excellent umpiring service and should be contacted again to provide this service. The Chanhassen Rotary should also be contacted to provide concessions again in 1989. Expenditures - $330.00 umpires Revenue - $540.00 entry fees $124.00 prizes $ 98.00 trophies ( ( 4th of July Evaluation Page 4 . 5. Sand Castle Building An area on the west end of the beach was staked out and roped off with flag material. The contest was held from 12 noon to 4 p.m. Judging was held at 4 p.m., prizes and ribbons were awarded. Recommendations The contest was great fun. A larger area should be roped off and advertise that other sand creations are eligible. More prizes should be provided in 1989, ribbons are already purchased. Expenditures - $42.00 ribbons 6. Ronald McDonald Revenue - $0.00 Ronald put on a tremendous show. He should be reserved early in 1989. The show was located just inside the gate at the beach underneath the big oak tree. This is a good location and should be used again in 1989. Expenditures - $0.00 Revenue - $0.00 . 7. Family Games Family games included: squirt gun contests, watermelon con- test, family relays, water balloon toss, change relay. We had about 150 people, which was almost too many. I would suggest breaking it into 2 groups if there are that many again. The volunteers were good. We need about six to keep the guns full & hand out the equipment. Having relay or race ~ith preschoolers at end was nice. Future Recommendations We need at least 15-20 squirt guns. 6 watermelons were enough. 15 pieces of rope, jump ropes, balls, etc. would be a minimum. Labeling the prizes before hand would help. Having 2 groups would speed it up if the turn out is large. 8. Horse Rides A ring consisting of snow fence was erected on top of the east hill near the back parking lot." The ring was the size of a hOCkey rink. Six horses were used for rides and were lead by the Eden prairie Horsemen's Saddle Club. Rides were given from 2 p.m. - 4 p.m. City Hall provided a sign posted . on the ring advertising the rides. . . . (. ( 4th of July Evaluation Page 5 Future Recommendations The hours of the rides should be coordinated around the other various activities and games so as not to overlap with each other. The number of riders was down from the estimated number expected because of the heat and other activities going on. The hours of the ride could be increased if time allows. The City could provide more signs around the beach and park area advertising the rides. Expenditures - $0.00 Revenue - $0.00 9. Inner Tube Relays Inner tube relays were held at Lake Ann Park at the beach from approximately 2:30 - 3:30 p.m. The beach was cleared b the life guards and the megaphone was used to organize the crowd. Six tubes were used and races were held in the following categories: 1 adult and 1 child 6 or younger 1 adult and 1 child 7 to 11 1 adult and 1 child 12 or older 2 teens 2 adults Three people were on hand to organize the races and one per- son distributed prizes. Prizes included free Domino's pizza coupons, Domino's frisbees and McDonald's coupons. Three new tubes had to be purchased as a result of three of last year' tubes acquiring leaks. Make sure to check the condition of tubes prior to the 1989 event. Future Recommendations Spice it up with some new twists. Expenditures - $24.00 tubes Revenue - $0.00 Monday, July 4th 1. Community Picnic Preparation for the picnic which was held from 6:00 p.m. - 12:00 p.m. in the parking lot of the Chanhassen Dinner Theatre began at 6:00 a.m. Three full-time and two part-time maintenance workers moved picnic tables to the location, and cleaned them. They also installed parking barricades and set up banquet tables and chairs. Metro Tent Company was (. ( 4th of July Evaluation Page 6 . contracted to provide a 40'x80' tent. A generator from Ziegler Commpany was rented to provide power. Pat Minger and Jeff Swedlund provided flat bed trailers for the stage. The banquet tables were rented from A-Z Rental of Eden Prairie. The Hi Topps were contracted through Hoffman Talent Agency to provide music from 8:00 p.m. - 12:00 p.m. Entertainment including a juggler, a mime, two caricature artists and a face painter were provided by Personal Performance Arts of Mpls. They entertained from 6:00 - 8:00 p.m. The food was provided by the Chanhassen Housing and Redevelopment Authority. Todd Gerhardt and Karen Engelhardt coordinated this portion of the evening. They did a super job again this year! The Chanhassen Rotary provided a beer truck and other refreshments for the evening. A balloon release was held at 8:00 p.m. to coincide with the start of the band. Approxima- tely 1000 balloons were inflated beginning at 2:00 p.m. Other decorations included red, white and blue balloons and ribbons. Eight portable toilets were rented from BFI Industries. A banner advertising the weekend was purchased from The Ad Master and displayed starting the first week in June. Six thousand flyers were distributed by inserting them in the Chanhassen Village Newspaper and distributing them to local businesses. Newspaper coverage began three weeks prior to the event and continued two weeks after. The only disap- pointment of the evening was the cancellation of the fireworks. A decision was reached the Thursday before the event to cancel the fireworks due to the dry conditions. An alternate date for the display has not been decided at this time. . Future Recommendations The preparation for the 1988 street dance went very smoothly with the assistance of the Park Maintenance Department. They should De worked closely with in 1988 to ensure another suc- cess. The generator which was rented provided more than enough power, a smaller one should be rented in 1989. Eight portable toilets proved to be more than adequate, six to eight should be ordered in 1989. However, the mime, face painter and caricature artist were very popular. An addi- tional face painter or two should be added to accommodate the crowd. An informational sign showing the hours for entertainment should also be displayed. Balloons for the balloon release should not be blown up until more than four hours prior to the release, they lose their helium. Adver- tisement for the 1988 event went very well; the flyer inserted in the Villager worked very well and should be done again. . . CITY OF . LAKE ANN PARK CITY CENTER PARK . Softball Tournaments ~ Fishing Contest Fireworks Display ~ Street Dance Ground Breaking Ceremony ~ Picnicking Family Games ~ Races ~ And More... ~,_...i,.. - - _A ( /987 Fourth of July Evaluations (, . FRIDAY - JULY 3RD 1. Men's Open Softball Tournament Nine teams registered for the 1987 Softball Tournament. The tournament was held over two days, Friday, July 3rd and Saturday, July 4th. The Dick Fredrick Umpiring Service was contracted to umpire the games. Their service was excellent with all umpires showing up as scheduled and no controversial calls being made. John Lumpkin acted as Tournament Director. His help in running the tournament is greatly appreciated. He should be considered next year when looking for a tour- nament director. Trophies for 1st, 2nd, and 3rd place were awarded. The trophies were purchased from Minnesota Trophies and Gifts, Hopkins. Future Recommendations In an effort to increase the number of teams registered, a number of steps should be taken. The tournament should be advertised in the local papers and flyers distributed to all league managers by May 15, 1988. Registration forms should be printed and distributed to area business on or before this date. . The registration fee of $45.00 is adequate to cover trophies and umpiring fees. If any additional prizes would be added, the fee would have to be raised accordingly. Although the services of the local Boyscout Troop #346 were not used in 1987, they should be contacted by April 1, 1988 to make arrangements for field maintenance and first aid services for 1988. A food service of some kind should be on hand for the soft- ball tournament. A local organization such as the boy scouts, girl scouts, hockey association, etc., should be con- sidered. Trophies should be ordered by June 1, 1988. Minnesota Trophies and Gifts had excellent service and reaso- nable prices, and should be considered when purchasing trophies. The use of a league director should be considered again in 1988. A dependable person should be found since, I think, more responsibility could be given to that person. Expenditures Trophies $ 87.00 Umpires 240.00 T-Shirts 52.50 $379.50 Revenue Registration Fee $405.00 $405.00 . . . . ( ( July 4, 1987 - Evaluations Page 2 2. Kids Fishing Contest The fishing contest was held Friday, July 3rd from 11:00 a.m. to 12:30 p.m. Children ages 5-15 were invited to enter. Registration began at 10:30 a.m. near the Lake Ann Boat Access. Thirty children, along with their parents, entered the contest. They were divided into two age groups, 5-9 and 10-15. Bait was provided by Chanhassen Bait and Tackle, who also donated prizes. A baby scale was used to weigh the fish entered and a measuring tape was used to measure the fish. Participants were instructed to fish only from shore when registering. There were some people who brought boats to fish out of since clarification of this rule was not made prior to the contest. Prizes were given for the biggest, longest, and smallest fish in each age group. Inexpensive rod and reel combo's and tackle boxes were given as prizes. A small trophy from Minnesota Trophies and Gifts was also awarded to each winner. Future Recommendations The contest was a successful event and should be offered again in 1988. Publicity for the contest should begin by May 1, 1988. This would include advertising in local papers, posters in local businesses, and including it in the schedule of events flyer. Chanhassen Bait and Tackle was very helpful and should be asked to sponsor this event again in 1988. Clarification of the rules should be made and these should be included in all publicity. The area in which the contest was held was very acceptable and should be used again in 1988. The majority of prizes for this event were purchased with donated funds. This type of arrangement would probably have to be used again in 1988, since there is a lack of businesses in Chanhassen which deal in merchandise appropriate for pri- zes. A final consideration for 1988 would be to expand this program to include the entire family or create a separate contest for adults. Expenditures Trophies $18.00 Prizes 56.00 Revenue Cash Donations $70.00 3. Co-Rec Duck Soup Tournament This event was cancelled for 1987 Future Recommendations The Duck Soup Tournament brings about much interest due to its zany nature. Advertisement of the tournament should co- ( ( JUly 4, 1987 - Evaluations Page 3 . incide with that of the Open Tournament. Rules and an expla- nation of the game should be included in all material distributed. The registration fee of $45.00 could be reduced to $35.00 in an attempt to increase registration. This drop in revenue would not greatly effect the self supportive sta- tus of the event. 4. Cinnamon Sticks and Company Cinnamon Sticks and Company presented Mother Goose and Jack-Out-Of-The-Box at 1:00 p.m. on Friday, July 3rd. Their skits delighted the children present and they even got the kids to play along. The show took place in the open area adjacent to the asphalt trail leading to the beach area. This event entertains a young population which might other- wise be neglected in the celebration. Future Recommendations Cinnamon Sticks and Company has previously given superb per- formances on other occassions. This appearance proved to be another success. Their service should be used whenever a special occasion, with a large number of children, is planned. Use their na~e in any publicity, since people have come to . recognize it. Expenditures Fee $90.00 Revenues - 0 - 5. Family Games Family games were run at 2:30 p.m. on Friday, July 3rd. Over 100 children and parents participated throughout the after- noon. The games played included Balloon Toss, Family Relay, Orange Pass Relay, Wheelbarrel Race, and Watermelon Eating Contest. The games were held atop the hill overlooking the park. Domino's Pizza of Chanhassen set up a tent on site in order to distribute free pizza, balloons, buttons, and fris- bees. Prizes for the games were donated by area businesses. Additional prizes were purchased. Every person present was awarded with some Kind of prize just for participating. Future Recommendations The games were a great success. The addition of Domino's Pizza, as a sponsor, played a major attributing role in this outcome. They should be contacted by April 1, 1988 to make arrangements for the 1988 celebration. Obtaining prizes for the games was a time consuming task. Next year, a letter of inquiry should be sent to all businesses stating the need for . prizes and what steps to take to donate them. Follow up . . . ( ( July 4, 1987 - Evaluations Page 4 visits could then be made much more effectively. Advertisement for this event should be included in all pre- event publications. ~ d'vt- ~ ~,,~.. Expenditures Revenue Watermelon $15.00 - 0 - Oranges 2.00 Prizes 27.29 ( ( FOURTH OF JULY EVALUATIONS SATURDAY - JULY 4TH 1. Family Bike Outing The family bike outing was held as a non-structured self guided event. A flyer with guidelines and a suggested course were distributed to those who were interested. 6 people par- ticipated in the bike outing. Future Recommendations A family bike outing can be a successful adventure. Most families own bikes and an organized program provides a chance for families to use them. Re-structuring this event to make it a guided tour may increase participation. Interpretive talks about the history of the area, wildlife or plants could be incorporated. Rest stops with refreshments and first aid could be established along the route. The boy scouts or other groups could be involved in these areas. A charitable organization could sponsor this event, organizing a "pledge for miles" fund raiser. Something like this would need to be started months before the celebration. Expenditure - 0.- Revenue - 0 - 2. Inner Tube Races The families on hand for Saturday's events had another chance to get involved with the inner tube races. This event was held at 1:00 p.m. on Saturday at Lake Ann Beach. The life- quards cleared the beach for this event as a safety measure and a means in which to gain participants as well. Ten races were held with six teams in each race. Teams were comprised of a variety of ages, including pre-school and an adult, child and an adult, and adults only. The races were held in the '- <.;Gnter of the beach between the docks. Grand prizes were a~arded to each winning team and every participant received a ", consolation prize. Two tubes for the race were donated by Big A Auto of Chanhassen. The remaining four were purchased from Big A. Future Recommendations . . ~,The inner tube races were very successful. Mainly because of the cooperation of the beach crowd in clearing the beach and in participating. The format for running the races was suc- 22: cessful and should be used again next year. Prizes for the races consisted mainly of gift certificates of approximately a $10.00 value for the winners and Domino frisbee's and . 'McDonalds Gift Certificates for consolation prizes. . . . ( ( July 4, 1987 - Evaluations Page 2 c These proved adequate for all participants. The use of the life guard's bull horn proved to be of great assistance and should be used in future years. Expenditures Inner Tubes $21.52 Revenue - 0 - 3. Canoe Races A canoe race was held for all those willing to bring a canoe and participate. As it turned out one team of an adult and child was willing. The race was held at the boat landing using a "Dummy" as a turning marker in the center of the lake. This format would prove successful with larger groups. . Future Recommendations Additional pre-event publicity, including posters at the: boat access and bait store, earlier ads in the paper, and inclu- sion in the schedule of events, would increase participation in this event. The barrier to making this a big even~ is the fact that you must have your own canoe to participate. A twist to the traditional canoe race, such as a rubber raft race or anything that floats race might be more effective. Make certain all boating laws and safety precautions are followed. Expeditures - 0 - Revenue - 0 - 4. Street Dance The street dance for 1987 was held at City Center Park and featured music by the "Ex-Rays". The "Ex-Rays" are a family oriented 50's, 60's band contracted through Hoffman Talent Management of Wayzata. This year the street dance wasbeld jointly with the ground breaking ceremony for the Downto~p Redevelopement Project. The majority of the people pres~nt got involved in the music, either by dancing or simply lending an ear. The "Ex-Rays" did a commendable job of entertaining the crowd and should be considered for next years's celebration. Patrick Minger and Jeff Swedlund P'~Q~w~ vided trailers to use as a stage for the band. Problems arose, however, since the stage was located to far from the electrical hook-up. Y':i A concessionaire was present at the street dance and bus:.kJless lilas br isk all evening, even with the free food availabl~,..! The beer stand was again sponsored by Filly's Nightclub. ~ They charged $1.25 for a 10 oz cup and grossed $1001.50 in beer and pop sales. Their expenses including donation for July Page 4, 1987 - Eva~ations 3 ( ': r s,:,; band, bouncers, beer servers, beer, cups, and trailer totaled $935.00. Domino's Pizza was again on hand distributing free ballcons, frisbees, and buttons, adding to the festive atmosphere. . Future Recommendations Arrangements for the band should again be made early in the planning. Care should be taken in positioning the stage to accomodate for use of the 220 AMP service in the N.E. corner of the West parking lot. Care should also be taken in posi- tioning the concession stand. It was brought to my attention by Public Safety that the generator running the stand was positioned too close to the above ground LP tank located near the warming house. Domino's pizza should be invited back and the opportunity'of providing a chance for other businesses to corne out should be explored. The fencing off of the entire area was successful in controlling the crowd and should again be done in 1988. The availablity of tables was limited but adequate for the crowd size. Additional seating should be loolced into if participation is expected to increase. h:";, (" > ~ _., ,:.,1 Expenditures Band $1,250.00 Revenue T-shirt sales Chan Bowl donation Concession percent $362,00 250.00 67.00 . ~. - "6. ,', Fireworks Display - ,-..... , The Banner Fireworks Display Company was again contracted in 1987 to provide the fireworks display. They arrived on loca- tion at approximately 7:00 p.m. and had adequate time to set up before the show. The display began at precisely 10:00 p.m. and lasted until approximately 10:20 p.m. The show was spectacular, with no major interruptions. Future Reco~nendations Banner Fireworks presented a commendable display and should again be considered for the 1988 celebration. Parking arrangements should be established earlier and enforced on sriT the evening of the fireworks to prevent any mishaps. The 2~rlJ roping off and patrolling of the launch area was very accep- ~table but should be completed in the early evening to prevent any difficutlites with spectators. The size and length of the show was adequate for the size of the crowd watching the display. The fireworks is an essential component of the celebration which is enjoyed by all ages. Expenditures Fireworks Contract $3,300.00 Revenue . Donations $2,350.00 . C ITV 0 F CHAHHASSEH ~ 690 COULTER DRIVE. P.O. BOX 147 . CHANHASSEN. MINNESOTA 55317 (612) 937-1900 f t~.. r.;. .., .W ... MEMORANDUM TO: Park and Recreation Commission . Todd Hoffman, Recreation Supervisor ~~. FROM: DATE: December 6, 1988 SUBJ: Additional Ice Rinks for 1988/89 Season With the arrival of the winter season, requests for addifionkl ice rinks in the City have been received. The first was a request from a Chaparral resident for an ice rink in Meado~ Green Park. Taking into consideration the multi-family dwellings In the immediate area, this request seemed valid. Upon inquiry with Dale Gregory, he stated a rink could be added at Meadow Green Park. . A second request was received by Larry Schroers for a rink at South Lotus Lake. Upon a second inquiry with Dale Gregory, he said he would contact me after inspection of the area. Dale also indicated that he would be able to add this second family r~nk ~o his rink preparation and maintenance schedule if the terrain . allowed. No action is necessary on this item. However, discussion..of what is deemed adequate provision of neighborhood ice rinks is" welcome. A map indicating present and proposed locations of family rinks and hockey rinks in the City of Chanhassen is attached. .1 ~ ..", '. S.: rJ .:3rJ'il Update ..~. ~~ Dale Gregory inspected the South Lotus Lake Park area and.~~; informed me that a rink could not be added there this year~j The slope and uneven terrain in the area does not lend itself ~o this purpose. Grading could be completed next summer to allow for addition of this rink next winter. ~; i;~ fij " I....... . KEY * *, * * . - Existing Family Rinks .' Indoor Hockey Rink City Center Park Proposed Family Rinks . - :>1, :v .' '- - .I .. --- ,- oJ", .. '-!,:;l- ;"., -1 I I '-,,' , 2 :r:t-'~'~ .- 'Y .' "/ '- ~. "-' ;3 . "~r-;-T ,:~: ~. ./ I - . <,:t~~ ,," :'~ 3 ._:~ ,'- :-";:~-'~~~!l - M'-':- ,. - .i fi' ~ _ - \"iJ.,~:~'~: 4 . '~~\ . \ ~ '---.., .--__.J'~ ~' -. -L( _, (~, </ ,'-: :.. ':.~ "'. ""'- I '" -" r c...'1:. ."'" ,'..... T (. _ " ',-.., ,'~ ---. ' '. ':...-- '. ".' , ~"' . 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