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3 CUP #75-2 AmendmentA W M�1 CITY OF CHANHASSEN STAFF REPORT PC DATE: February 1, 2005 1 CC DATE: February 28, 2005 REVIEW DEADLINE: February 28, 2005 CASE #: 04-37 1 s PROPOSAL: Amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park, located west of Highway 41, north of Ches-Mar Farm Road and east of Lake Minnewashta. LOCATION: 6731 Hazeltine Blvd. Excelsior, MN 55311 APPLICANT: Carver County Parks 11360 Highway 212 P.O. Box 330 Cologne, MN 55322 PRESENT ZONING: 2020 LAND USE PLAN: ACREAGE: 340 acres RR, Rural Residential District Parks/Open Space DENSITY: N/A SUMMARY OF REQUEST: Carver County Parks is seeking an amendment to their conditional use permit (CUP #75-2) to eliminate the horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City's discretion in approving or denying a conditional use permit is limited to whether or not the proposed conditional use permit meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the conditional use permit. This is a quasi-judicial decision. Location Map Lake Minnewashta Regional Park Amendment to Conditional Use Permit No. City of Chanhassen Planning Case No. 04-37 WO k*WWVMV" a Boat Access #1 75-2 Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 2 PROPOSAL/SUMMARY Carver County Parks is seeking an amendment to their conditional use permit (CUP #75-2) to eliminate the horsepower restriction at Boat Access #1 located in Lake Minnewashta Regional Park. The park is located west of Highway 41 on the eastern shore of Lake Minnewashta. The CUP prohibits the launching of boats with motor sizes greater than 10 horsepower from Access #1. BACKGROUND On November 21, 1977, the City Council approved Conditional Use Permit #75-2 for Lake Minnewashta Regional Park including the following conditions: 4.01. Review and Approval. Detailed development plans within the proposed park shall be submitted to the City for review and comment prior to approval by the County. It is not contemplated that the City shall have approval authority over detailed development plans so long as they are consistent in scope and capacities with the Master Plan, except for appropriate development standards which may be applied to development generally within the City. Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 3 Any development plans not consistent in scope and capacities with the Master Plan shall require an amended conditional use permit. 6.04. Lake Access. Access to Lake Minnewashta through the park shall be limited to non -motorized boats or fishing boats of fifteen (15) horsepower or less. Originally, the park had only one access located at Little Minne Bay (Boat Access #1). This access consisted of 30 car/trailer spaces and restricted access allowing boat motors of 15 horsepower or less. During review of the Minnewashta Regional Park Master Plan in 1982, the Metropolitan Council noted that the 15 horsepower motor restriction placed by the City of Chanhassen on the public access in the park was discriminatory in nature. Furthermore, it was inconsistent with the "Cooperative Program in Providing Public Access Sites on Metropolitan Area Lakes" which was prepared by the Metropolitan Council, the Minnesota Department of Natural Resources (DNR), and the State Planning Agency. The Metropolitan Council stated they would withhold grants for the City and park until the 15 horsepower restriction was removed. As a result, staff worked out a compromise that would satisfy DNR & Metropolitan Council standards while still protecting the environmentally sensitive Little Minne Bay. On September 12, 1983, the City Council approved the amendment to Conditional Use Permit #75-2 for Lake Minnewashta Regional Park including the following change to 6.04: 6.04. Lake Access. A watercraft access to Lake Minnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access (Boat Access #1) is to be limited for launch of watercraft of ten (10) horsepower or less and have a capacity of 10 car/trailer spaces. An additional access (Boat Access #2) without horsepower restrictions having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2nd Access" marked Official Copy. In 1983 there was a public access on the western shore of Lake Minnewashta adjacent to Leach's Resort (since replaced by residential development). The decision was made to close this public access at the time the newly created Boat Access #2 in Lake Minnewashta Regional Park would open. ANALYSIS In 1974-1975, when the plans for Lake Minnewashta Regional Park were first being considered, the City was concerned about the possible effects a public access could have on Little Minne Bay given the shallow and narrow nature of the channel connecting Little Minne Bay to Lake Minnewashta. During dry, low water level conditions this channel becomes extremely shallow. It was thought that boat motors with higher horsepower and larger hulls could negatively impact Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 4 the channel floor. Attached is an aerial photograph created by Mark Hurd Mapping Co. in 1945 showing Lake Minnewashta and Little Minne Bay during extremely dry conditions. Notice the channel is completely void of water. Also attached is an article developed by the Minnesota Lakes Association that describes the possible impacts of motorized watercraft on the lake environment. The DNR approved the establishment of slow -no wake surface zoning within 100 feet of shore, in designated areas, in Little Minne Bay and Lake Minnewashta. In a letter written to the City, stamped "Received September 29, 2004", Carver County Parks states: • The "No Wake" restriction eliminates the need for a horsepower restriction in Little Minne Bay. • It is not reasonable to enforce a horsepower restriction and keep track of boaters coming and going from two boat accesses and their motor sizes. Carver County also stated that it is difficult for park users to launch their boats from Boat Access #2. The difficulty with launching at access #2 is due to the shallowness of the area, especially during dry conditions, and because it is unprotected from high winds coming off the lake. Staff agrees that the slow -no wake surface zoning makes the need for a horsepower restriction obsolete. However, staff is concerned that eventually there will be a need for drudging in order to maintain access through the channel between Little Minne Bay and Lake Minnewashta due to vegetative growth and shallow depth in that area. Therefore, Carver County Parks must contact the DNR to obtain proper approvals and permits before drudging may occur. Staff also contacted the following Minnesota DNR staff members requesting comment: Kim Elverum Boat & Water Safety Coordinator Julie Ekman Area Hydrologist -West Metro, Central Region 3 Wayne Barstad Regional Environmental Assessment Ecologist Daryl Ellison Area Supervisor for Fisheries None had any issues with the elimination of the horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park; however, Mr. Ellison stated that there are lots of water lilies and other quality emergent and submergent vegetation in this bay that should be protected with a "no -wake" zone restriction. Carver County Parks' "Lake Minnewashta Regional Park Master Plan", which was updated in October 2002 and has not been approved by the City of Chanhassen, lays out plans to make Boat Access #1 the sole boat launch in the park. It is Carver County's intention to eventually close Boat Access #2 and expand Boat Access #1 infrastructure to accommodate 35 trailer parking spaces and 20 regular vehicle parking spaces. Minnewashta Regional Park Conditional Use Permit Amendment - Planning Care No. 04-37 February 1, 2005 Page 5 Figure 5_3 - Character sketch o(boar launch and Vhstow Contact Station, V.I W6! T..:1.. P.J.,.r r (3s Sp.r.+ P.Lrtn.n 14,...t..J1 F , •. � K-10 56.1". M It 1-1 WA tirr P.4- Ta1atMfAry Y j P+A Mulei- ny�tbrpw. T..d f'rl.-.v..« ('..»....n 1'arl, N.Ju- P•. T-d On January 13, 2005, Carver County held a public information meeting regarding the proposed amendment. Notice of this meeting was mailed to all Lake Minnewashta property owners and was also posted in the Chanhassen Villager. Five lake residents attended the meeting, none of which opposed the lifting of the horsepower restriction. Staff supports the amendment of Conditional Use Permit 75-2 to eliminate the horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park. In regards to the proposed future intensification of Boat Access #1, the City must critically analyze the impact of such intensified use on Little Minne Bay before considering approval of such plans. The following changes will be made to Section 6.04 of Conditional Use Permit No. 75-2: 6.04. Lake Access. A watercraft access to Lake Minnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access is to be lifnited fOF launeh of .. atef. mf* of ten (t 0) `'c.. p .. e. or - surface zoned "Slow — No Wake" with signage at the launch site and in Little Mine Bay and have a capacity of 10 car/trailer spaces. An additional access feu—hef:sepow festfiefiens having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2nd Access" marked Official Copy." Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 6 RECONIlVIENDATION Staff recommends the Planning Commission adopt the following motion: "'The Planning Commission recommends approval of the amendment to Conditional Use Permit 75- 2, Section 6.04 Lake Access, based on the findings of fact with the following condition: 1. Carver County Parks shall contact the Department of Natural Resources before proceeding with drudging of the Little Minne Bay channel. Section 6.04 of Conditional Use Permit 75-2 shall be amended to read: 6.05. Lake Access. A watercraft access to Lake Minnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access is to be surface zoned "Slow — No Wake" with signage at the launch site and in Little Minne Bay and have a capacity of 10 car/trailer spaces. An additional access having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2nd Access" marked Official Copy." ATTACHMENTS 1. Findings of Fact. 2. Application. 3. Letter from Carver County to City of Chanhassen stamped "Received September 29, 2004." 4. Conditional Use Permit 75-2. 5. Memo from City Manager Don Ashworth to Mayor and City Council dated September 12, 1983. 6. Report of the Lake Minnewashta Study Committee dated June 1983. 7. Planning Commission Minutes dated August 24, 1983. 8. Amended Conditional Use Permit 75-2. 9. Minnesota Lakes Association Reporter article, "The Impacts of Motorized Watercraft on the Lake Environment." 10. Carver County Lake Minnewashta Regional Park Master Plan excerpt (October 2002). 11. Public Hearing Notice and Affidavit of Mailing. 12. Aerial Photograph of Lake Minnewashta and Little Minne Bay, circa 1945. gAplan\2004 planning cases\04-37 - minnewashta regional park 75-2 cup amendment\staff report 2.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Carver County Parks for an amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park, west of Highway 41, north of Ches-Mar Farm Road and east of Lake Minnewashta — Planning Case No. 04-37. On February 1, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Carver County Parks for an amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park, west of Highway 41, north of Ches-Mar Farm Road and east of Lake Minnewashta. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential (RR). 2. The property is guided by the Land Use Plan for Park/Open Space. 3. The legal description of the property is: S 1/2 of NW 1/a of Section 4; S 1/2 of Section 4; NE 1/a of SE 1/a of Section 5; N 1/2 of NW 1/a of Section 9, Township 116, Range 023. 4. The Planning Commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: a. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. c. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. 5. The planning report #04-37 conditional use permit amendment dated February 1, 2005, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission approves the amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park. ADOPTED by the Chanhassen Planning Commission on this 1st day of February, 2005. CHANHASSEN PLANNING COMMISSION ILa."I Planning Commission Chairperson gAplan\2004 planning cases\04-37 - minnewashta regional park 75-2 cup amendmentVindings of fact.doc OA 04-- 3-7 CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION / APPLICANT: i iP.P'y1_-ono m om aaS ADDRESS: 30 CcAt,,rnne. AA&I S S 3 ZZ - 30 TELEPHONE (Day Timek/9—S 4 �o(o -- S Z. - OWNER: r C0U'rNLNj ADDRESS: (oQC-) 44 h �c�-- Aoktd S 5- 3) 8 TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit _ Conditional Use Permit 4me r-td in Vacation of Right-of-Way/Easements Interim Use Permit Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development" Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review* X Escrow for Filing Fees/Attorney Cost*" - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $400 Minor SUB Subdivision* TOTAL FEE $ WoiVe Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box Building material samples must be submitted with site plan reviews. *Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8'/z" X 11" reduced copy for each plan sheet. **Escrow will be required for other applications through the development contract. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: 1.-0±0-- al I i ✓l free-Lx,�[xn j2� Zan i 8n6L t P.,L-C LOCATION: LEGAL DESCRIPTION: TOTAL ACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. ,Se-e tL4-e r Signature of Applicant Date Signature of Fee Owner Date Application Received on q - Z`1-Oc4 Fee Paid IVIA Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Thursday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. GAplanVonw Development Review Application.DOC CARVER COUNTY Kate Aanenson City of Chanhassen 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 Dear Ms. Aanenson, CARVER COUNTY PARKS Division of Public Works 11360 Highway 212 West, PO Box 330 Cologne, MN 55322-0330 11360 Hwy. 212 Wes , po Box 300 Phone (952) 466-5250 Fax (952) 466-5223 COpho1e'(9 2) 5� 20 p www.co.carver.mn.us/parks Fax (952) 466-5223 RECEIVED SEP 2 9 2004 CIIY OF CHANHASBE'N Earlier this summer we talked about the horsepower restriction listed in the Lake Minnewashta Regional Park Conditional Use Permit issued by the City of Chanhassen. Since the inception of the conditional use permit the DNR has added "No Wake" restrictions to the bay of Lake Minnewashta where boat access # 1 is located. The "No Wake" restriction eliminates the need for a horsepower restriction in the bay of Lake Minnewashta. Additionally, the horsepower restriction is not manageable. Boaters come and go throughout the day with varying motor sizes. A boater will choose one of two parking areas in the park based on availability of a parking stall and not the size of motor. It is not reasonable to enforce a horsepower restriction and keep track of boaters coming and going from two boat accesses and their motor sizes. For. these reasons, Carver County Parks requests the conditional use permit be amended to eliminate the horsepower restriction at boat access # 1. Enclosed is the proposed Amendment # 1 for the Conditional Use Permit for Lake Minnewashta Regional Park Please notify me with any questions or concerns by October 15t', 2004. Sincerel Lenny . Klevan Schmitz County Parks SCANNED V CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,.MINNESOTA . CONDITIONAL USE PERMIT LAKE MINNEWASHTA REGIONAL PARK THIS AGREEMENT, made and entered into.by and between the City.of Chanhassen, hereinafter referred to as the City, and the Board of Commissioners of Carver County, hereinafter referred to as the County; WITNESSETH, That in the exercise of and in consideration of the mutual City and County recite and agree as Section 1. Recitals. their powers pursuant to law, covenants herein contained, the follows: 1.01. State Law _and City Zoning Ordinance. It is acknowledged by the parties hereto that under the proviso ions of M.S. §398.32, no county park lands or waters may be acquired within the limits of any city without the approval by resolution of the govering body of any such city; and it is.further acknowledged that under the provisions of the City zoning ordinance, parks and recreational areas owned and operated by governmental units may be allowed within residential zoning districts only upon the securing of a conditional use permit from the City. 1.02. County Park Proposal. The County proposes the acquisition .of a regional county park to be located on the northeast shore of Lake Minnewashta, designating said park as Lake Minnewashta Regional Park (hereinafter referred to as.the "park"), and has made applica- tion to the City for approval of said acquisition and the issuance of a conditional use permit. 1.03. Lake Minnewashta Regional Park Master Plan. Except as here- inafter modified or otherwise provia-eil, the Lake Minnewashta Regional Park Master Plan as approved by the County Board of Commissioners by resolution.dated August 1975, forms the conceptual basis of the within conditional use permit for said County Regional Park.: Said Master Plan -and approving County resolution are attached hereto as Exhibits "A" and "B" respectively and incorporated herein by reference. 1.04. General Purpose. The purpose of this agreement is to set forth the terms and conditions governing the approval by the City of the parkland acquisition and the grant of the within conditional use permit which are conditions precedent to land acquisition by the County for the park. Section 2 Park Areas C and D 2.01. Master Plan. In reliance on action taken by the Metropolitan Council of the Twin Cities and its Physical Development Committee, whereby land area Parcels C and D were incorporated in and made a C part of the Master Plan of the Lake Minnewashta Regional Park, here- inafter referred to as the "Master Plan," the parties hereto acknowledge.the necessity of the acquisition and development by the County of land area Parcels C and-D east of State Trunk Highway #41 for utilization as a natural demonstration and study area. 2.02. Acquisition Funding. The parties.hereto acknowledge that Parcels C_and D are integral components of the Master Plan and the acquisition of said parcels is essential to the full development.of the regional park. In recognition thereof, the parties mutually agree to employ their best efforts, jointly or severally or in concert with Independent School District No. * 276, to. seek funding as expedi- tiously as possible for the acquisition and development of said Parcels C. and D through grants from the state and federal governments and the Metropolitan Council of the Twin Cities. Section.3. Schematic Plan. 3.01. Design Capacities. The design capacities as set forth in Section III, Schematic Plan, of the Master Plan, and the Lake Minne- was.hta Park Use Calculationsof the Subcommittee for Master Planning of the Lake Minnewashta Park, dated May 28, 1975, and attached hereto* as Exhibit "C" and incorporated herein by reference, shall constitute the maximum development allowable in said proposed park. Section 4. Development Plans. 4.01. Review and Approval. Detailed development plans within the proposed park shall be submitted to the* City for ,review .an ' comment prior to approval by the-County.---It-,is` not contemplated that the City shall have approval authority over the detailed development plans so long as they are consistent in scope and capacities with the Master Plan, except for appropriate development standards which may be applied to development generally within the City. Any development plans not consistent in scope and capacities with the Master Plan shall require an amended conditional use permit. 4.02. Trail Connection and Lake Lucy Road Extension. Upon the acquisition of land parcels C and D, appropriate provisions will be made to accommodate the connection of.said parcels with the trail system proposed by the City, and if necessary, to permit the extension of Lake Lucy Road westerly to State Trunk Highway #41 over the extreme southern limits of Parcel C. 4.03. Development Schedule. The County does not propose any signi ficant development of.the park until funds are available through the grant program of the Metropolitan Council.. Between 1978 and 1982, the development activities at the park are proposed to consist essentially of establishing a land stewardship program, development of a primitive lake public access facility, and use of the existing buildings as either a nature center or museum.and park employee residence. - 2- f 4.04. Land Stewardship Program. The land stewardship program will consist principally of gradually phasing from cultivated land to turf establishment on Parcel E,,establishing a tree nursery, beginning prairie establishment on a portion of Parcel B, providing necessary access control in terms of gate and fencing, controlling noxious weeds, and to the extent feasible, controlling Dutch elm and oak wilt disease. Section 5. Advisory.Committee.- 5.01. Advisory Committee. The park is intended to fill the regional recreation needs of the Chaska, Chanhassen, and Victoria areas in Carver County, which is generally described as Service Area 1 in the County's Park and Open Space System Plan. In order to provide .a means of continuing review. during the development and operating phases, Carver County shall establish an.Advisory Committee for Service Area 1. This Advisory Committee shall consist of two representatives from Chanhassen, one from Chaska, one from .Victoria, and one from the. County Park Commission. The City representatives will be appointed by -the respective City Councils on an. annual basis. The Advisory Committee. shall review the County's development plan and make recommendations to the Carver County Park Commission in regard to such plan. The Advisory Committee shall also monitor park operations in a general way, and shall make recommendations to the County Park Commission in'regard to improvements in operating policies. The Advisory Commit.tee.members shall also keep the City Councils of their respective cities informed of their general activities. They shall also serve as the conduit of concerns from their respective City Councils to the County. The Advisory Committee shall be established at such time as the County begins preparation of detailed development plans or at the request of the City prior to that time. Section 6. Governing Ordinance, Policing,.Fire Protection and Access. 6.01. County Park Ordinance. The Park Ordinance of the.County, a copy of which is attached hereto as Exhibit ."D.", shall regulate the use of the park. The City and the Advisory Committee shall recommend any appropriate amendments to the. County Park Ordinance or regulatory County Board.Resolutions as the same may be applicable to the park. In addition, all County proposed park ordinance amendments or regulatory resolutions shall be reviewed by the Advisory. Committee for its recommendations and comments prior to enactment. 6.02. Policing. Policing of the park shall be the responsibility of the County through its Sheriff's Department at no.cost to the City. Any supplementary police services furnished=by any future City police department shall be performed only under the terms and conditions of a mutual aid agreement between the City and the County. 6.03. Fire Protection and Emergency Services. Fire protection and emergency rescue services necessitated by land -oriented incidents shall be provided by the Fire Department of the City. Emergency rescue ser- vices necessitated by water -oriented incidents shall be provided by County lifeguards or the County Sheriff's Water Patrol. -3- 6.04. Lake Access. Access to Lake Minnewashta through the park shall be limited to non -motorized boats or fishing boats of fifteen (15) horsepower or less. Section 7. Roads, Water and sanitaxy.Sewer Services. 7.01. Roads. All roads and trails within the park shall*be con- structed and maintained, including -snow plowing, by1he County. 7.02. Water and Sanitary sewer Services.. The County shall.provide water and sanitary sewer systems through on -site facilities approved by the Minnesota State Board of Health and such other state regulatory agencies having regulatory -power thereof. When available, said water and sanitary sewer services shall be connected to the City facilities at the expense of the.County. All connection charges, Metropolitan Waste Control Commission sewer availability charges (SAC charges)., and sewer and water usage charges shall be paid -by the County to the City at the reasonable and customary then prevailing City rates for. comparable uses. Except for trunk water and sewer assessments payable as provided in §8.01 hereof, sewer and water charges will not be based on a price structure which assumes a 211 dwelling unit develop- ment, but rather will be based on a comparison of volumes generated by similar residential, commercial, or institutional uses. 7.03. Water and Sanitary Sewer Easements. The County shall provide,. consistent with applicable Metropolitan Council policies and the grant contract for acquisition. of the Lake Minnewa.shta Regional. Park between the County and Metropolitan Council, at no cost to the City, such linear water and sewer easements as the City may deem necessary to provide water and sanitary sewer services to the park -and contiguous areas. Said easement alignments shall not be so located as to materially affect the character of the Park. Section 8. Assessments, Taxes, and Costs. 8.01. Outstanding Assessments. By resolution adopted. October 20,. 1975, a copy of which is attached hereto as Exhibit "E", the City levied a total of 211 trunk water and sewer unit assessments against the properties to be acquired for the park. It is a condition to the grant of the within. conditional use permit that all of said assessments be paid in full by the County immediately upon its acquisition of said. properties. Included within said payment shall be accrued interest computed pursuant to M.S. §429.061. 8.02. Tax Equivalents. In the event the Metropolitan Council of the Twin Cities fails or declines to pay to the City tax equivalents under M.S. §473.341, it is agreed that said tax equivalents shall be paid by the County to the City upon demand. 8.030 City Costs. The County agrees to reimburse the City promptly upon invoicing therefor, all reasonable and customary costs incurred by the City since the inception of the park.concept through the con- ditional use permit. Eligible costs shall consist of.publication and notification expenses, attorney fees, engineering fees, costs in connection with the November 2, 1977 public hearing, and any other reasonable outside direct costs to the City. -4- Section.9. General -Provisions. 9.01. Indemnification. The County shall indemnify and hold the City) harmless from liability on account of injury or damages to person or property arising out of the operation of the park facilities. -In the event legal action is brought against the City, either solely or jointly with the County, on account of any such injury or damage, the County, on notice to it by the City,.sha_ll defend the City in any such. action at the expense of the County. In the event of judgment against the City in any such action, the County shall -pay such judgment and all costs in connection therewith, and hold the City harmless therefrom The County does not.agree to indemnify,:hold harmless, or defend any action or pay any judgment arising from acts of officials, employees, or agents of the.City while in the park. 9.02. Non -Assignment. Neither the within conditional use permit nor the.park contemplated hereunder shall be assigned or conveyed by the County without the prior written consent of the City. 9.03. Standards Applicable. The.City Council and its Planning Com- missionion have determined that in the grant of the within conditional use permit, the standards of the Chanhassen Zdning Ordinance have been met. 9.04. Execution. Each party warrants and affirms that the within agreement was duly authorized by its respective governing body and executed by its duly authorized -officers -pursuant to resolution duly adopted, and each party shall file withthe other party a certified copy of the resolution approving the execution of the within agree- ment. Executed this day of /6. c'•"1977, by the City of Chanhassen. Attest: City Clerk/Manager" CITY OF CHANHASSEN MAYOR Executed this 6th day of December Commissioners of Carver County. Att t : County Audit r. 1977 by the Board of BOARD OF COMMISSIONERS OF CARVER COUNTY By Vice -Chairman WE I BOARD OF COUNTY COMMONERS Dotg__ December 6, 1977 Ruolution Aretz Trende Motion by -SecondW by Commissioner Aretz moved, seconded by Trende, to approve the Conditional Use Permit.for the Lake Minnewashta Regional Park, and authorize the vice-chairman to sign the agreement with Chanhassen. M Aretz, Trende Gnan NO Suds of MIONSWI-6 County Of COW SL Uggarl.,. tma aWnted eiuly quolified and octing County Auditor for the County of Cwvw,.Stft of Minnesota, do hereby certify thot I hove compared the foregoing copy of a resolution with the wightol minutes of the prowedinp of - the Boord of County Commissioners, Corver County, Mbvnwt% of their sow" hold on the fitb&yof December_ 19_Z7, now on Mein my office, and have found do some to be o true and'corred copy thereof. ' Witness my hood WW OMW SW of amk% Minnesota, this 31st dw pf, January, 1978 CbunV And** CITY:DF 9. CHANBASSER 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: September 12, 1983 SUBJ: Conditional Use Permit, Lake Minnewashta Regional Park (Formalize Previous Council Action) In August of 1982, Carver County ed that their conditional use permit for the Lake Minnewashta onal Park be amended. The request was processed, public h i held by the Planning Commission, and their recommend' io submitted*to the City Council. Five changes were be' re ested. Four were minor. The fifth, was a request from a Me politan Council to elimi- nate the existing 15 horsepow regul ion for launching boats at the Regional Park. That req st recei d considerable discussion and the City Council acted appoint citizens committee to review the request, consid alternati , and to make recommen- dation. On July 21, 1983, its recommendations extensive and co attended by r thrust of tha requirement power and to the Regional Park thWICAe Minnewashta tached). Work of Bred numerous options udy Committee presented e committee had been Meetings were well a area. The major the horsepower horse - h an -unrestricted access at �Anpoint in attached exhibit). The City Council action was "st f rected to amend the con- ditional use permit by incorpor i the recommendations of the .Lake Minnewashta Boat Access St Committee and resubmit it to the Council." Given the time that it expired from, Roger Knutson recommended holding a new hearing. On August 17, the Planning Commission held the second public hearing on this item. No public comments were received. The Planning Commission acted to endorse the recommendation of the Lake Minnewashta Study Committee. Mayor and Council September 12, 1983 Page 2 The recommendations of the Lake Minnewashta Study Committee have been incorporated in the attached amended conditional use permit. The permit also encompasses the four minor changes considered one year ago. Recommendations of the Planning Commission, which do not relate to the conditional use permit itself, are recommended to be approved - but not as a part of the conditional use permit. Specifically, city staff should be instructed to physically close the access adjacent to Leach's when the new access is completed and to insure that the "no wake zone" is designated in accordance. with the new Water Surface Usage Ordinance. Regarding the boat access policy, such should be considered by the Planning Commission as a part of their current ordinance revisions. Approval of the amended conditional use permit, as herein attached, is recommended. Report Of The Lake Minnewashta Study Committee June 1983` ' Members: Arnie Hed - Chair Clark Horn John Neveaux Tom Merz Pat Murphy Established: by City Council --August 1982 Charge: To study public access alternatives for Lake Minnewashta Background: 1. City/County Conditional Use Permit.for Lake MinnewaShta. Regional Park has 15 horsepower limit. 2. City's informal access adjacent to Leach's Resort is unrestricted. 3. Private access (Leach's) is unrestricted. 4. DNR does not recognize any of these 3 accesses as meeting their definition. Therefore, no fish management programs, 5. Metro Council would not approve development master plan or future development funding for Lake Minnewash a. Regional Park with the 15 horsepower restriction. Also, affected City's park grant consideration. 6. County applied for C.U.P. amendment deleting the.i5 horsepower restriction. 7. Park & Recreation Commission recommended approval. 8. Planning Commission recommended denial. 9. City Council established this corunittee to study alternatives. Committee Work: 1. Met with DNR & Metro Council representatives: a. Neither DNR nor Metro Council will use their.funds for more shoreline when Regional Park has 2 miles. b. DNR would be amenable to location other than the park -if if they did not have to fund land acquisition. Attachment #2 be permanent.- of aaequate uesign, anu L pd.rx.,iy Liju cannot be �ated from the launchincY Luis by roadway, a. Total of 32 to 37 parking spaces must be provided to.nieet DNR• an(3 Metro Councilre uirements. Some of .these spaces could be assigned to the restricted.access on Little Minne. 2. Reviewed pot6ntial access areas around lake: a. Existing city access adjacent to Leach's Resort: • x Developed plan for moving'Minnewashta Parkway. * Not economically viable. * Residents object to current use and long term use as access. * Apparently unwilling sellers. b. Leach's Resort: * Development potential of land too valuable for long term use as access. * Extremely expensive to acquire. C. Island at south end of lake north of Hwy. 5: * Safety problems with car/trailer-access off and onto Hwy. 5. * Marginal in size and may require fill on island. * Environmentally sensitive around island as spawning_ area. * Fill required would make turn lanes expensive and environmentally harmful. Permits for filling would be difficult to obtain. * Potentially expensive and difficult to acquire. d. Existing neighborhood accesses (street extensions) located in several subdivisions: * Extremely disruptive to established neighborhoods. * -Expensive and difficult to provide parking. e. Lake Minnewashta Regional Park (3 potential areas): * Little Minne is environmentally sensitive and should not be the principal.public boat entrance to the lake, access wy -%out seriously disrupting 'le pianned uses of pier j and swimming. Also t at the "end" of the entrance road, it hinders the',.pt-ational flexibility of the park plan. * The one other remaining area, located in the southern third of the park, may detract from one picnic area, but would not require any extraroad work and a launching and parking area could be reasonably designed and permits should be easily obtainable. Conclusions: 1. An access meeting DNR requirements is in the long term best f interest of the City. 2. Resolving the issue at this time maximizes the City's control of the solution. 3. The total amount -of access spaces currently available to the lake exceeds the minimum numbers required by DNR and Metro Ccuncil, but is uncoordinated, creates conflicts on the west side of the lake, and goes not meet the definition of public access used.by those agencies. 4. Access meeting DNR and Metro Council standards can be obtained within the boundaries of Lake Minnewashta Regional Park with less impact on the community than any other location around the lake. w ' Recommendations: We hereby recommend that the City Council endorse the concept of dual public accesses located within Lake Minnewashta Regional Park. We believe this concept provides the best long term solution to providing. reasonable public access to Lake Minnewashta.with the least impact to. the cora.urit:y and to the environment; and with minimal impact on the County's plan for the regional park. We recommend that the following specific proposals be adopted as the. means of implementing this solution: 1. An additional boat access with no horsepower Kestriction will be established in Lake Minnewashta Regional-Park.as shown in Attachment A. This access will be limited to a maximum of 20 parking spaces. This access should be developed in the spring of 1985 at which time a permanent County.park employee will be resident at the park. 2. At such time as the new public access is open, the City should physically close its access adjacent to Leach's Resort. The City should make a policy statement that the closing of a quasi -public access or private access will not constitute a reason or justification, to increase public access parking 'or Capacity. This statement could be included within the City's Comprehensive Plan as is proposed for No.'6. a . -lilt: Ux.Lb L.LlLLJ pulax-y4 vai ,.J..I r. .. w--_-- . a inaximunl 1 U hard ,ower. motor size and a ma?gum of 15 parking spices will be` ided to serve that accE The County should be permitted tQ runt a limited number of canoes foruse on. Little Minnie. 4. The County's master plan be revised to reflect these changes and the City's conditional use permit be amended to reflect these changes. 5. Little Minne should be surface zoned as a "Slow -- No make" zone. 31 6.0 The City should establish a.firm-policy position regarding all public accesses, such* as "tlie city hereby establishes a. boat access policy and .standard of one (1) parking space for every -: 20 acres of water surface such being both a minarnum and s maximum standard on all City la;.es. Further, this policy and standard should be included within the City's Comprehensive Plan as well as within a land. -use ordinance (water surface or zoning), such requiring -a 4/5ths vote to -be modified thus providing reasonable assurance of continuity. ii Planning Commission Minutes August 24, 1983 Page 8 Conditional Use Permit Amendment for a Second Boat Access, Minnewashta Regional Park, Public Hearing Public Present Pat Murphy Carver County Mike Liddicoat Carver County Arnie Hed Lake Minnewashta Study Committee Waibel presented the staff report.indicating that approximately one year ago, the Metropolitan Council and D.N.R. noted opposi- tion to the horsepower restriction on. the Minnewashta Regional Park access for reasons that it is discriminatory. The City Council, in recognition that resolution of this matter was needed, created the Lake Minnewashta Boat Access Study Committee to research and recommend on how public -access to Lake Minnewashta can be best accommodated. He stated that, as far as Minnewashta Regional PIrk is concerned, the recommendations of the committee are found in the following amendment to the con- ditional use permit. 6.04. Lake Access. A watercraft access to Lake Minnewashta through the Park has been -provide * d in the area'so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access is to be limited for launch of watercraft of ten (10) horsepower or less and have,a capacity for 10 car/trailer spaces. An additional access without horsepower restrictions having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2nd Access" marked official Copy. Arnie Hed: 'I worked with this committee during the past few .months as Chairman. We worked with the D.N.R. and the Metro Council and they came out and looked at the various options and facilities. I think we examined every possible alternative on Minnewashta. It was our objective from the very beginning to control the density on the lake and also to provide public access use of the lake but not abuse. In the past, the access has been next to Leach's Resort, which is actually a vacated street and was not authorized by the D.N.R. so the D.N.R. did not take care of the lake in the past 12-15 years. The use, as you are probably aware of, on 15 and Minnewashta Parkway,. there are sometimes 40, or more cars and trailers. So this poses a high safety problem in Minnewashta Parkway. We looked at some creative ways of solving the problem, by moving Minnewashta Parkway further west. We got the cooperation from the City and the County and they examined that. We had a meeting and perhaps 40 or 50 residents. from around the lake attended We found that it was initally not feasible. The most attractive to, we felt, the city, the resi- dents of the lake, the County, D.N.R., Metro Council, was to utilize some of the existing facilities in the regional park. Planning Commission Minutes ��ugust 24, 198.3 Page 9 Our '.lope there was to keep non -motorized craft in Little Minnie Bay and the motorized craft down the shoreline. The location for the access is nearly a mile from any residential area. At the time the access would go in, the public.access:that exists.next to -Leach's will oe automatically closed and that would eliminate any safety problems on Minnewashta Parkway. We anticipate that Leach's Resort, because of economic conditions, -will probably not run more than 1-'3 years at -the most. Currently, Leach's is putting in about 30 boats a day. So if we are lowering the den- sity on that lak' for an excess of the D.N.R, safety standards, 30 boats . comi,nq from Leach's and - -25. over . at the new park. But when Leach's close, there will be no increase in spaces at the regional park .. We f eel that in the long run we will be reducing the traffic on the lake than what currently exists. Minnewashta Park w.ill'be controlled with an attendant, so there will be much. more policing then what we have had on 15. Albee moved, seconded Py Noziska to close the public hearing, all voted in favor and the motion carried. Kerz moved, seconded by Albee, to. recommend that City Council adopt amendment 6.04 to the Conditional Use Permit with the following addition: "The Lake.Minnewashta Park be the only access on the lake." and the following specific proposals be adopted as the means of implementing this solution: 1. An additional boat access with no horsepower restriction will be established in Lake Minnewashta Regional Park as shown in Attachment A.. This access should be -developed in the spring of 1985 at which time a permanent County park employee will be resident .at the park'. 2. At such time as the new public access is open, the City should will physically close its access.adjacent to Leach's Resort.. The City sold will make a policy statement that the closing of a quasi -public access or private access will .not constitute a reason or justification to increasae public access parking or capacity. This statement ee-tild shall be included within the City's Comprehensive Plan as is proposed for No. 6. 3. The existing public access on Little Minnie will be limited to a maximum 10 horsepower motor size and a maximum of 15 parking spaces will be provided to serve that access. The County should be permitted to rent'a limited number of canoes for use on Little Minnie. 4. The County's master plan be revised to reflect these changes and the City's conditional use permit be amended to reflect these changes. r S �Plan.ning Commission Minutes August . 24, 1983 Paqe 10 5. Little min.ne sh.ould be surface zoned as a "Slow - No Wake" zone. 6. The City should establish a firm policy position regarding all public accesses, such as. "the city hereby establishes a boat .access policy. and standard of one (1) parking space for every 20 acres of water surface - such being both a minimum and maximum standard on -all City lakes." Further, this. policy and standard should be included within the City's Ccmprehens.ive Plan as well as within a land use ordinance (wa.ter surface or zoning) , such requiring a 4/5ths vote to be .modified thus providing reasonable assurance of continuity. All voted in favor and the motion carried. Comprehensive Land Use Plan Amendment :Request, Sunnybrook Dev�looment Groue. Public Present B.L. Schlender Wanda squire Paul Schoenecker 6400 Emerson, Minneapolis 6400 Emerson, Minneapolis. 9450 Lakeland Terrace :aaibel summarized that the request was to change the land use designation for the southerly most 23.92 acres of Tract B, RLS 88 from campus business to commercial. Waibel stated that staff finds approval of the request may be granted at this time with the anticipation that further land use plan amendments will be forth coming shortly for the lands adjoining the subject property as a result of the Zoning and Subdivision Ordinance revisions. He also stated that the existence of large undeveloped areas between this property -and areas of planned or existing development presents a situation where a wide variety of well planned land uses can be compatably. accommodated. Albee moved, seconded by Noziska to close the public hearing, all voted in, favor and the motion. carried. Albee moved, seconded by M. Thompson that the Planning Commission recommends amending the Comprehensive Land Use Plan from -campus business to commercial for the southwesterly 24+ acres of Tract 3, R.L.S. No. 88 as presented in Planning Case 83-2 Land Use Plan Amdndment. All voted in favor and the motion carried. Also the Planning Commission directed staff to make arrangements for amending the Comprehensive Land Use Plan designation from campus business to commercial for the area east of the property to County Road 17. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA •AMENDED CONDITIONAL USE PERMIT LAKE MINNEWASHTA REGIONAL PARK THIS AGREEMENT, made and entered into by and between the City of Chanhassen, hereinafter referred to as the City, and the Board of Commissioners of .. Carver County, hereinafter referred to as the County; WITNESSETH, that in the exercise of their powers pursuant to law, and -in consideration of the mutual convenants herein con- tained, the City and County recite and agree as follows: Section 1. Recitals. s} 1.01. State Law and City zoning Ordinance. It is acknowledged by.the parties hereto that under the provisions of Y M.S. §398.32, no county parklands or waters may be acquired within the limits of any city without the approval by resolution of the governing body of any such city; and it is further acknowledged that under the provisions of the City zoning ordi- nance, parks and recreational areas owned and operated by govern- mental units may be allowed within residential zoning districts only upon the securing of a conditional use permit from the City. 1.02. County Park Proposal. The County proposes the acquisition and development of a regional park to be located on the northeast shore of Lake Minnewashta, designating said park as Lake Minnewashta Regional Park (hereinafter referred to as the "park"), and has made application to the City for approval of said acquisition and development and the issuance of a con- ditional use permit. 1.03. Lake Minnewashta Regional Park Master Plan. Except as hereinafter modified or otherwise provided, the Lake Minnewashta Regional Park Master Plan - 1982 Updated - as approved by the County Board of Commissioners on April 13, 1982 forms the basis of this conditional use permit for said County Regional Park. Said Master Plan and approving County motion are attached hereto as Exhibits "A" and "B" respectively and incor- porated herein by reference. 1.04. General Purpose. The purpose of this agreement is to setforth the terms and conditions governing the approval by the City of the parkland acquisition and the grant of the within conditional use permit which are conditions precedent to land acquisition by the County for the park. Section 2. Park Areas C and D. 2.01. Master Plan. Whereas the City, the County, and the Metropolitan Council of the Twin Cities have determined that removal of areas C and D from the Master Plan of the Lake Minnewashta Regiona- Park, hereinafter referrer, t'.o as. the "Master Plan", will not adversely affect the purpose or function of the park, and whereas the City and the Metropolitan Council of the Twin Cities have approved a change to the adopted Land Use Plan from "Parks/Open Space" to "Residential -Low Density", the parties hereto acknowledge that land area Parcels C and D are removed from the boundaries of the park as defined in Exhibit "A". Section 3. Schematic Plan. 3.01. Design Capacities. The design capacities as set- fbrth on page 26, table 6 of the Master Plan, and the Lake Minnewashta Park Use Calculations of the Subcommittee for Master Planning of the Lake Minnewashta Regional Park, dated May 28, 1975, shall constitute the maximum development allowable in said proposed park. Section 4. Development Plans. 4.01. Review and Approval. Detailed development plans within the proposed park shall be submitted to the City for review and comment prior to approval by the County. It is not con- templated that the City shall have approval authority over the detailed development plans so long as they are consistent in scope and capacities with the Master Plan, except for appropriate development standards which may be applied to development generally within the City. Any development plans not consistent in scope and capacities with the Master Plan shall require an amended conditional use permit. 4.02. Development Schedule. The County does not propose any significant development of the park until funds are available through the grant program.of the Metropolitan Council. Between 1978 and 1982, the development activities at the park are pro- posed to consist essentially of establishing a land stewardship program, development of a primitive lake public access facility, and use of the existing buildings as either a nature center or museum and park employee residence. 4.03. Land Stewardship Program. The land stewardship program will consist principally of gradually phasing from culti- vated land to turf establishment on Parcel E, establishing a tree nursery, beginning prairie establishment on a portion of Parcel B, providing necessary access control in terms of gate and fencing, controlling noxious weeds, and to the extent feasible, controlling Dutch elm and oak wilt disesase. Section 5. Advisory Committee. 5.01. Advisory Committee. The park is intended to fill the regional recreation needs of the Chaska, Chanhassen, and Victoria area in Carver County (as described in Section 4, Local and Regional Recreation Needs Analyses of the Master Plan). In order to provide a means of -continuing review during the develop- ment and operating phases, Carver County shall establish an Advisory Committee consisting of.two representatives from Chanhassen, one from Chaska, one from Victoria, and one from the -2- County Park Commission. The City representation will be appointed by the respective City Councils on an annual basis. The Advisory Committee shall review the County's development plan and make recommendations to the'Carver County Park Commission in regard to such plan. The Advisory Committee shall also monitor park operations in a general way, and shall make recommendations to the County Park Commission in regard to improvements in operating policies. The Advisory Committee members shall also keep the City -Councils of their respective cities informed .of their general activities. They shall also serve as the conduit of concerns from their respective City Councils to the County. Section 6. Governing Ordinance, Policing, Fire Protection and Access. 6.01. County Park Ordinance. The Park Ordinance of the County shall regulate the use of the park. The City and the Advisory Committee shall recommend any appropriate amendments to the County Park Ordinance or regulatory County Board Resolutions as the same may be applicable to the park. In addition, all County proposed park ordinance amendments or regulatory resolu- tions shall be reviewed by the Advisory Committee for its recom- mendations and comments prior to enactment. 6.02. Policing. Policing of the park shall be the responsibility of the County through its Sheriff's Department at no cost to the City. Any supplementary police services furnished by any future City police department shall be performed only under the terms and conditions of a mutual aid agreement the City and the County. 6.03. Fire Protection and Emergency Services. Fire pro- tection and emergency rescue services necessitated by land - oriented incidents shall be provided by the Fire Department of the City. Emergency rescue services necessitated by water - oriented incidents shall be provided by County lifeguards or the County Sheriff's Water Patrol. 6.04. Lake Access. A watercraft access to Lake Minnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access is to be limited for launch of watercraft of ten (10) horsepower or less and have a capacity of-10 car/trailer spaces. An additional access without horsepower restrictions having a capacity for 25.car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2nd Access" marked Official Copy. Section 7. Roads, Water and Sanitary Sewer Services. 7.01. Roads. All roads and trails within the park shall be constructed and maintained, including snow plowing, by the County. -3- 7.02. Water and Sanitary Sewer Services. The County shall provide water and sanitary sewer systems through on -site facilities approved by the Minnesota State Board of Health and such other state regulatory agencies having regulatory power thereof. When available, said water and sanitary sewer services shall be connected to the City facilities at the expense of the County. All connection charges, Metropolitan Waste Control Comission sewer availability charges (SAC charges), and sewer and water usage charges shall be paid by the County to the City at the reasonable and customary then prevailing City rates for com- parable uses. Except for trunk water and sewer assessments payable as provided in §8.01 hereof, sewer and water charges will not be based on a price structure which assumes a 211 dwelling unit development, but rather will be based on a comparison of volumes generated by similar residential, commercial or institu- tional uses. 7.03. Water and Sanitary Sewer Easements. The County shall provide, consistent with applicable Metropolitan Council policies and the grant contract for acquisition of the Lake Minnewashta Regional Park between the County and Metropolitan County, at no cost to the City, such linear water and sewer ease- ments as the City may deem necessary to provide water and sani- tary sewer services to the park and contiguous areas. Said easement alignments shall not be so located as to -materially affect the character of the park. Section 8. 8.01. October 20, sewer unit the park. ditional us full by the erties . In computed pu Assessments, Taxes and Costs.. Outstanding Assessments. By resolution adopted 1975, the City levied a total of 211 trunk water and assessments against the properties to be acquired for It is a condition to.the grant of the within con- e permit that all of said assessments to be paid in County immediately upon its acquisition of said prop- cluded within said payment shall be accrued interest rsuant to M.S. §429.061. 8.02. Tax Equivalents. In the event the Metropolitan Council of the Twin Cities fails or declines to pay to the City tax equivalents under M.S. §473.341, it is agreed that said tax equivalents shall be paid by the County to the City upon demand. 8.03. City Costs. The County agrees to reimburse the City promptly upon invoicing therefor, all resonable and custo- mary costs incurred by the City since the enception of the park concept through the conditional use permit. Eligible costs shall consist of publication and notification expenses, attorney fees, engineering fees, costs in connection with the November 2, 1977 public hearing, and any other reasonable outside direct costs to the City. Section 9. General Provisions. 9.01. Indemnification. The County shall indemnify and hold the City harmless from liability on account of injury or -4- damages to person or property arising out of the operation of the .park facilities. In the event legal action is brought against the City, either solely or jointly with the County, on account of any such injury or damage, the County, on notice to it by the City, shall defend.the City in any such action at the expense of the County. In the event of judgement against the City in any such action, the County shall pay such judgement and all costs in connection therewith, and hold the City harmless therefrom. The County does not agree to indemnify, hold harmless, or defend any action or pay any judgement arising from acts of officials, employees or agents of the city while in the park. 9.02. Non -Assignment. Neither the within conditional use permit nor the park contemplated hereunder shall be assigned or conveyed by the County without the prior written consent of the city,* 9.03. Standards Applicable. The City Council and its Planning Commission have determined that in the grant of the within conditional use permit, the standards of the Chanhassen Zoning Ordinance have been met. 9.04. Execution. Each party warrants and affirms that the within agreement was duly authorized by its respective governing body and executed by its duly authorized officers pur- suant to resolution duly adopted, and each party shall file with the other party a certified copy of the resolution approving the execution of the within agreement. Executed this Jot* day of , 1984, by the City of Chanhassen. ATTEST: City Clerk7Manager Executed this day of Board of Commissioners of Carver ATTEST: r ount xecutive S retary CITY OF CHANHASSEN 7 By: Mayor _, 1984, by the County. BOARD OF COMMISSIONERS OF CARVER COUNTY By: -5- e _ c STATE OF MINNESOTA } COUNTY OF CARVER ) DOCUMENT NO. 68S� OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY .OF CARVER t This is to certify .that this docti � nt was filed. in .this office on theS�day df • A.D. at A) o'clock�l • M. and was duly. recorded in Book Al of page-' J419- qZ1�• . CERTIFICATION 10L2 - County Recorder .bv ss I,'Karen J.. Engelhardt, duly appointed, qualified and acting Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of the amended Conditional .Use Permit for'Lake Minnewashta Regional Park with the original copy, now on file in my office, and have found - the same to be a true and correct copy thereof and as approved by the City Council. Witness my hand and official seal at Chanhassen, Minnesota, this 19th day of December , 19B4 i! *ae 7gelljfrdt,, Deputy*Clerk 4 1t ; ,w/ i' f - YOUR VOLE TO PROTECT AND ENHANCE MINNESOTA S LAKES AND RIVERS MARCH/APRIL, 2001 VOLUME 5, NO 1 THE IMPACTS OF MOTORIZED WATERCRAFT ON THE LAKE ENVIRONMENT Leisurely boating around the lake on a warm summer afternoon, cruising after supper to watch the sunset over the lake, fishing in the quiet of the early morning, or watching the grandchtldrens delight In being pulled around the lake on a water tube or skits are just a few of the pleasures that motorboating brings to hundreds of thousands of people in Minnesota each year. Yet, as the number of motorized boats on Minnesota's lakes continues to increase, these boats have on the lake environment. These Impacts can be on water clarity, shoreline erosion, plant communities, fish, wildlife, water quality deterioration, and human enjoyment (air quality, peace and quiet, safety and crowding). And, the increasing development of lakes and rivers leads to Increased boat activity, especially in areas that have not been traditionally used for recreation. How might more and more motorized questions arise about the potential impacts boats affect our lakes? The rest of this ard- Increased numbers of motorized boats in Minnesota cle attempts to answer the question through a summary of findings from the recently completed study, "The Effects of Motorized Watercraft on Aquatic Ecosystems" by Timothy Asplund, Wisconsin Department of Natural Resources and the University of Wisconsin Water Chemistry Program. From this point forward, "boats" will be used to mean motorized boats Including powerboats, fishing boats, pontoon boats and personal watercraft. continued on page 6 According to boat statistics provided by Kim Elverum, boating coordinator, Minnesota Department of Natural Resources, in the last 20 years there has been a 28 percent Increase in registered motorboats, and boats are larger in size. There is also a significant increase in the number of personal watercraft (PWC). Between 1980 and 2000: • the number of motorboats less than 16 feet decreased by almost 20 percent, from 296,969 to 241,986 boats; • the number of motorboats 16 feet to less than 26 feet increased by almost 125 percent, from 145,000 to 323,000 registered boats; • the number of motorboats 26 feet and over increased by 63 percent, from 4,367 to 7,138; • PWC increased by five fold (537%) from 6,298 registered in 1990 to 33,883 registered in 2000; • The total number of registered motorboats increased 28 per -cent, while boats of all types increased 40 percent to a total of 812,247 regis- tered boats of all types In Minnesota In 2000. Sharing some of his experiences from 27 years with the DNR, Elverurn said the increase in motorboats from 16 feet to less than 26 feet comes mostly in the 16-to-19 foot range. The largest growth in this category is probably aluminum outboard fishing boats, as more anglers trailer their own craft from lake to lake. The number of 17-to-19 foot fiber- glass runabouts has also increased —both outboard and inboard - outboard drives. The rate of increase in personal watercraft registrations dropped off after it peaked in 1995, while there has been an increase in kayak registration, both river and sea types, over the last 10 years. "Minnesota's increases are not unlike the national trend," said Elverum. "Although, surprisingly, from 1980 to 1999, Minnesotas 36 percent overall increase In boat registrations was 13 percent below the overall national increase in boat registrations of 49 percent." Page 1 How can motorized boats affect lakes? (continued from Page 1) Boats interact with the aquatic ecosystem —defined as the lake community of plants and animals and the physical and chemical environment in which they exist —by a variety of mechanisms. These can include emis- sions and exhaust, propeller contact, turbulence from the propulsion system, waves produced by movement, noise, and movement itself. In turn, these impacting mechanisms may have multiple effects on the aquatic ecosys- tem. Sediment resuspension, water pollution, disturbance of fish and wildlife, destruction of aquatic plants, and shoreline erosion are the major areas of impact. Water clarity Propellers may disturb the lake bottom directly, or indirectly through the wash or turbulence they produce, especially in shallow water. This can decrease water clarity by increasing the amount of sediment particles in the water or may cause nutrients that are stored in the sediments, such as phos- phorus, to become available for algal growth. Waves created by watercraft may contribute to shoreline erosion, which can cloud the water and decrease water clarity. Water clarity is important because it affects the ability of the fish to find food, the depth at which aquatic plants can grow, dissolved oxygen content, and water temperature. It is also impor- tant aesthetically to the recreational enjoyment of the lake and can even affect property values. Water qualities Boat motors can add metals (lead, cadmium, mercury), nutrients (phos- phorus, nitrates) and hydrocarbons (methane, gasoline, oil -based products) RETURN TO PAGE 1 to the water column. These added chemicals can affect the pH and dissolved oxygen of the lake, which in turn can influence the type and abun- dance of fish. A certain amount of the fuel that enters into a motor is discharged unburned and ends up in the water. Two stroke engines, which make up the vast majority of boat motors, are particularly inefficient. On average, 25 to 30 percent of the boats fuel may pass into the water column. Other concerns include lowered oxygen levels due to carbon monoxide inputs, and spills or leaks associated with the transfer of gasoline near the lake. Plant Communities Boats impact plant communities (macrophytes) either directly, through contact with the propeller and boat hull, or indirectly through turbidity and wave damage. Propellers chop off plant shoots and uproot whole plants In shallow water, and Increased turbid- ity from boat activity may limit the light available for plants and limit where plants can grow. Increased waves may limit the growth of emergent species, such as cattail, bulrushes and sedges. Finally, boats may transport exotic species, such as Eurasian water- milfoil from one lake to another. Aquatic plants perform many important ecosystem functions, includ- ing habitat for fish, wildlife, and minute invertebrate animals that are important to the food chain. Plants also stabilize the lake -bottom sedi- ments, protect shorelines by providing a buffer between the shoreline and open water, cycle nutrients in the water to maintain water clarity, and are food for many organisms. Shoreline erosion Boat wakes create waves that can lead to shoreline erosion, especially in areas where shoreline vegetation has been removed or the bank is compacted. Wave height and other wave charac- teristics vary with speed, type of water- craft, engine size, and distance from shore. Propeller turbulence from boats operating in near -shore areas may erode shorelines by destabilizing the bottom. Shoreline erosion may affect water clarity in near -shore areas, shading submerged aquatic plants as well as providing nutrients for algal growth. It can interfere with fish use of shallow water habitat, as well as wildlife use of the land -water edge. Excessive shoreline erosion can negatively affect property values and can be expensive to prevent. Fish Direct contact of boats or propellers may be a source of mortality for certair fish species, such as carp, and pollution from exhaust or spills may be toxic some fish. Boating can also disturb fisl nesting, spawning, or feeding areas. Increased water turbidity caused by boats may interfere with sight -based feeding, and waves or propeller damage can affect population levels through habitat alternation. Fish are an important part of the food web. The presence or absence of individual species, as well as overall fish numbers, can be an indicator of ecosys- tem health. Plus, fisheries are an impor- tant resource for food and recreation. Any human activity that affects water quality and habitat has the potential to affect fish populations, continued on page 7 Page 6 MOM zed V&kffamft GbXiir&0d Ilice I %Plago 6 Wildlife Boats may have direct impacts on wildlife through contact with propellers or the disturbance of nests along the shoreline by excessive wave action. Disturbance by the fast movement of boats, or even the presence of humans near feeding grounds or breeding areas, may prevent certain species from repro- ductive success. Noise or harassment may cause loons and other wildlife to vacate nests, leaving the eggs or young vulnerable to predators. Indirect effects may include the destruction of habitat or food sources in the shallow areas, or impaired water quality. Summary While the effects of boats on aquatic systems are complex and depend on a number of factors, a few general obser- vations can be made. First, the physical effects of propeller, waves, and turbulence appear to be more of an issue than engine fuel discharge. Water clarity, aquatic plant disturbance, and shoreline erosion are all serious issues that can be accelerated by boat traffic. Second, most of the impacts of boats are felt directly in shallow waters (less than 10 feet deep) and along the shoreline of lakes and rivers not exposed to high winds (less than 1000 feet of open water). Third, these effects can have reper- cussions for other features of the aquatic ecosystem, including the fish and wildlife community and nutrient status. These observations all indicate that the most important area of a lake to protect is the shallow water, near - shore habitat known as the littoral zone. Boats that operate in deep water with large surface areas are not likely t be impacting the aquatic ecosystem. There are still a number of unknowns regarding motorboat impacts on aquatic systems. Most of the studies in the Wisconsin report focus on the short-term or acute impacts of boat activity. It is still not clear what role boats can play in the long-term changes of a water body, i.e. changes in the plant community, over- all water quality, or fish and wildlife use. Many other factors influence these same features and may have changed along with the increased boat activity. What can we do? 1. Establish No -Wake Zones. Given that most impacts of boats are exhibited in shallow -water, near -shore areas, protecting these areas with no - wake zones would be the most effective way of reducing impacts. No -wake zones have a dual benefit of both slow- ing boats down and directing traffic elsewhere. Extending a no -wake zone to 200 or even 300 feet has the most potential to protect the littoral zone and help reduce shoreline erosion. 2. Establish Restricted Areas. In some cases, protection of aquatic resources may require restricting all boat activity, not just speed. Boats can still disturb plants, sediments, and wildlife at no -wake speeds. To ­1i atviv protect waterbird feeding Shaded are and nesting areas, a "buffer zone* of at least 300 feet has been suggested, in which all human activity is restricted. 3. Enforcement and Education. Many of the environmental problems associated with boat activity could be resolved with better enforcement of existing ordinances or regulations and by promoting awareness among boaters. Slow -no -wake zones are often ignored, or the impacts of boats are misunderstood. It Is also important to inform boaters about the importance of plants, littoral zones, and natural shore- lines and how their activities may affect the aquatic ecosystem. 4. New Boat Technology. All two- stroke engine manufacturers, including traditional outboard motors and PWCs, must reduce air emissions by 75 percent by the year 2025. Most manufacturers have already introduced cleaner -burning two-stroke motors for both motorboats and PWCs. Four-stroke engines, which use fuel more efficiently, produce cleaner exhaust, and run more quietly than traditional two-stroke engines, are becoming much more common. For more information, see the full report at hap://www.dnr state. wi.uslorg/ water/thp/paperV1 akes. pdr Page 7 RETURN TO PAGE 1 SECTION V - DEVELOPMENT MASTER PLAN Aerial (looking north) illustrating the existing roadway on the east side of the photo that will be transitioned to a multipurpose trail. Boat Launch Facilities It was determined that consolidation of the two existing boat launches into one convenient location achieves a number of important objectives. The park drive would be designed to be 22' wide with a rural cross-section. Asphalt pavement is proposed to control dust, reduce wash -boarding, avoid mud and erosion, and minimize ongoing maintenance costs — all of which have been ongoing concerns given the extensive use of the road. As illustrated in figure 5.1, there is one section of existing roadway that will be eliminated to avoid redundancies in roadway infrastructure. Once eliminated, the existing roadbed will be used for a new paved trail corridor as shown on the Master Plan graphic and defined later in this section. Figure 5.2 — Character sketch of entrance redesign. Trot Line Paahed Back To Upon Up — Viawa Of Park Entraacc Extensive Native Wilairower Display To Improvo Aesthedn Et Identify Park ornamontal Fonee To Accent Entrance: Iocatinn And Control Accau .taro Park Entrance Sign.ge Service Road -- Main Gato T. A--d Lane v C` Park Identification Sign&& Park Entr. n- .'.,F� With Turn I.anco 4 Ornamental Foneo To Aacont Entranca ` Location And Control Access Extensive %advo Wiklilowar Display To Improve Aesthetics & Idondiy Park Park Identifirndon Sidnage Much of the public discussion about the park's development centered around the optimal location for the boat launch. After consideration of a number of options, it was determined that consolidating the two existing boat launches into one convenient location achieves a number of important objectives, including: ► Reducing the need for boaters to travel to different areas of the park to determine if a space is available. ► Reducing the extent to which vehicles with trailers will have to travel through the park to get to a boat launch facility. ► Consolidating all parking spaces into a location that can be more readily observed from the Visitor Contact Station. ► Reducing the maintenance cost associated with maintaining two instead of one boat launch. ► Providing an opportunity to use the area of the second boat launch for an alternative use. ► Ensuring that there will be adequate water depth to launch boats during lower water cycles. ► Providing a greater level of protection from the wind during launching operations. Although consolidation of the two launches to the proposed location introduces more boat traffic into the bay area, the advantages of this location ultimately outweighed the other options being considered. By limiting vehicle/trailer parking to 35 spaces, it is anticipated that increased boat traffic in the bay will be manageable. i AKF MINNFWACHTA Rr(-.Jn.1A1 PADV AAACTCD 01 Awl SECTION V - DEVELOPMENT MASTER PLAN The boat launch under the new master plan would remain in the same location as the existing boat launch # 1. Y�.• Ms '1bY 'rq yVt The existing drives and parking areas are used to the extent possible for development of new boat launch facilities, Figure 5.3 on the next page provides a character sketch of the boat launch and Visitor Contact Station area. As illustrated, the existing drives and parking areas are used to the extent possible for development of new boat launch facilities. This design approach also spreads out the parking lot so that it is a less imposing facility. As previously defined, a total of 35 vehicle/trailer parking spaces will be provided, which equals the capacity of the park's two existing launches. The small, informal picnic area/outdoor classroom overlooking the bay would be retained for boaters, trail users, and interpretive programs. As figure 5.3 illustrates, the boat launch includes two side -by -side ramps to increase its efficiency. Input from local boaters and the MNDNR should be solicited when the launch is developed to ensure that all functional issues are appropriately addressed. Aerial (looking north) illustrating the existing boat launch #1, which will be retained and expanded under the new master plan. The parking lot for the launch would be paved with asphalt with some form of curbing to control vehicles and minimize maintenance. Stormwater runoff from the parking area would be managed in an ecologically -sound manner in keeping with the ecologically sustainable philosophy of the park. Aside from the ramp and associated parking, the amenities to support the boat launch facility are purposefully simple and limited. This includes convenient trails to connect each parking area to the boat launch. As illustrated in figure 5.3, boardwalks may be needed to traverse a small lowland area. A small picnic shelter with a couple of picnic tables is also shown near the boat launch. If the boat launch is developed before the Visitor Contact Station, this location could be used for pit toilets on an interim basis. Boarding docks along the side of the boat launch are also provided to ease the trailering operation. These would be wood decked and similar in design to the boardwalks. A pull -off area near the boat launch for removing weeds from boats and trailers would be provided as well. LAKE MINNEWASHTA REGIONAL PARK MASTER PLAN 5.6 SECTION V - DEVELOPMENT MASTER PLAN The small picnic area (as shown in figure 5.3) will be retained. A temporary stopping lane is also provided along the park drive in front of the Contact Station to allow vehicles with and without boat trailers to stop. A temporary stopping lane is also provided along the park drive in front of the Contact Station to allow vehicles with and without boat trailers to stop. This lane also provides an area for vehicles with trailers to temporarily stack while waiting for a parking space to open up. In busier times, stacking could also occur within the boat launch parking lot, assuming that the attendant can adequately monitor and control use of the launch facility. The extent to which space is required for stacking either along the road or within the parking lot will require additional design consideration at the time of development, with a greater level of input from parks staff and boaters. Figure 5.3 - Character sketch of boat launch and Visitor Contact Station. �K Informal Picnic Area Outdoor Classroom 11 A�,h� Vehicle / Trailer Parking (35 Spaces Total) Pedestrian Boardwalk & Bridge Across channol Shelter Structure —\ Boat Launch With — Boarding Dock Boat Pull -Off Arco (Wood Removal, ate,) Nature Trail Park Multi- — Purpose Trail —Naturo Trail Visitor Contact station / e Trsilhead Par" i , (20 spaces) ti `Terrace Area Overlooking Wotland Visitor Contact Station f Visitor Temporary Parking Lane � � u Monitored �! Pedestrian crossings I�r.ri t�f�16 ��e Dn Purpose Trail I AKF MINNFWACHTA RFC:InNAI PARK MACTFR PI AN _ --_ 5-7 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on January 20, 2005, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached Notice of Public Hearing on Proposed CUP Amendment to Boat Access #1 at Lake Minnewashta Regional Park — Planning Case No. 04-37 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this&t day of , 2005. 644 Notary I 1- 1111 liepuqClerk KIM % MEUWISSEN Notary PubNo-Minnesota Oomn"m Eames Jan 31,201 g.\plan\2004 planning cases\04-37 - minnewashta regional park 75-2 cup amendment\04-37 ph notice affidavit of mailing.doc am"M Notice of Public Hearing Notice of Public Hearing Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 1, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for amendment to Conditional Use Permit No. 75-2 to eliminate the horsepower restriction at Boat Access #1 Planning File: 04-37 Applicant: Carver County Parks Property Lake Minnewashta Regional Park Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer, Planner I at 952-227- Questions & 1132 or e-mail imetzerfci.chanhassen.mmus. If you choose Comments: to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at http://206.10.76.6twebllnk the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative Is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. Date & Time: Tuesday, February 1, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for amendment to Conditional Use Permit No. 75-2 to eliminate the horsepower restriction at Boat Access #1 Planning File: 04-37 Applicant: Carver County Parks Property Lake Minnewashta Regional Park Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e- Questions & mail imetzer@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at http://206.10.76.6tweblink the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will dose the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the. project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. ff you wish to have somethina to be included in the report, contact the Plannina Staff person named on the notification. 1isclaimer his map Is neither a legally recorded map nor a survey and is not intended to be used as one. his map is a compilation of records, information and data located in various city, county, state and deral offices and other sources regarding the area shown, and is to be used for reference urposes orgy. The City does not warrant that the Geographic Information System (GIS) Data used i prepare this map are erns free, and the City does not represent that the GIS Data can be used K navigational, tracking or any other purpose requiring exacting measurement of distance or irection or precision in the depiction of geographic features. If errors or discrepancies are found lease contact 952-227-1107. The preceding disclaimer Is provided pursuant to Minnesota tatutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not a liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and old harmless the City from any and all claims brought by User, its employees or agents, or third arties which arise out of the user's access or use of data provided. Nsciaimer his map is neither a legally recorded map nor a survey and is not intended to be used as one. his map is a compilation of record, Information and data located in various city, county, state and Weral offices and other sources regarding the area shown, and Is to be used for reference urposes only. The City does not warrant that the Geographic Information System (GIS) Data used prepare this map are error free, and the City does not represent that the GIS Data can be used x navigational, tracking or any other purpose requiring exacting measurement of distance or irection or precision in the depiction of geographic features. B errors or discrepancies are found lease contact 952-227-1107. The precedIng disclaimer is provided pursuant to Minnesota statutes §466.03, Subd. 21 (2000). and the user of this map acknowledges that the City shall not e #able for any damages, and expressly waives all claims, and agrees to defend indemnify. and old harmless the City from any and all claims brought by User, its employees or agents, or third arties which arise out of the user's access or use of data provided. ABRAHAM & DOROTHY ABBARIAO 3750 ARBORETUM BLVD PO BOX 26 CHANHASSEN MN 55317 MARK E AMBROSEN & ANN C SENN 3830 MAPLE SHORES DR EXCELSIOR MN 55331 LEE ANDERSON PLEASANT ACRES HOME OWNERS 6651 MINNEWASHTA PKY EXCELSIOR MN 55331 CHARLES F & VICKI L ANDING 6601 MINNEWASHTA PKY EXCELSIOR MN 55331 HENRY & DOLORES A ARNESON TRUSTEES OF TRUST 13791 TONBRIDGE CT BONITA SPRINGS FL 34135 DEAN J & JILL R BARTA 3837 RED CEDAR POINT RD EXCELSIOR MN 55331 DOUGLAS M & JODI B BERG 3471 SHORE DR EXCELSIOR MN 55331 JAMES R & SHERYL A BJORK 3900 LONE CEDAR CIR CHASKA MN 55318 BOYER BUILDING CORP 3435 CO RD 101 MINNETONKA MN 55345 ESTATE OF HARRY/LOUISE AHRENS THOMAS & MARY ALLENBURG C/O JERRY TESCHENDORF 6621 MINNEWASHTA PKY 14010 CENTER DR W EXCELSIOR MN 55331 LAKEWOOD CO 80228 DOUGLAS B & JAMIE ANDERSON 3607 RED CEDAR POINT RD EXCELSIOR MN 55331 LEE R ANDERSON TRUSTEE OF TRUST 6651 MINNEWASHTA PKY EXCELSIOR MN 55331 MARIANNE I & RICHARD B ANDING TRUSTEES OF TRUST 3715 SOUTH CEDAR EXCELSIOR MN 55331 MARY JO ANDING BANGASSER 8321 VIEW LN EDEN PRAIRIE MN 55347 JOHN P BAUMTROG & ILENE M LEISTER 3738 HICKORY RD EXCELSIOR MN 55331 RICHARD A & JUDITH F BERLAND 6900 MINNEWASHTA PKY EXCELSIOR MN 55331 GREGORY BOHRER 3706 HICKORY RD EXCELSIOR MN 55331 BOYER LK MINNEWASHTA HOMEOWNER C/O BOYER BUILDING CORP 3435 CO RD 101 MINNETONKA MN 55345 HAZEL P ANDERSON & DARYL D ANDERSON 2851 WASHTA BAY RD EXCELSIOR MN 55331 MICHAEL DEAN ANDERSON 7140 HAZELTINE BLVD EXCELSIOR MN 55331 RICHARD B & MARIANNE F ANDING 3715 SOUTH CEDAR EXCELSIOR MN 55331 DOUGLAS J & CAROLYN A BARINSKY 3719 SOUTH CEDAR EXCELSIOR MN 55331 EVELYN Y BEGLEY 3701 SOUTH CEDAR EXCELSIOR MN 55331 MARTIN & JANET L BEUKHOF 3451 SHORE DR EXCELSIOR MN 55331 FRANCES T BORCHART 7331 MINNEWASHTA PKY EXCELSIOR MN 55331 JAMES & RUTH A BOYLAN 6760 MINNEWASHTA PKY EXCELSIOR MN 55331 PETER T & DEANNA O BRANDT WILLIAM C & JUDITH L BRITT SCOTT A BROIN & 7570 DOGWOOD RD 6460 TANAGERS PT SHARON L PAULSON EXCELSIOR MN 55331 EXCELSIOR MN 55331 3840 LONE 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GEISLER 3680 LANDINGS DR EXCELSIOR MN 55331 C JOANNE GINTHER 3131 DARTMOUTH DR EXCELSIOR MN 55331 ROBERT W & MARY M HAGEMAN & MICHAEL E & JENNIFER GRAVES 7660 CRIMSON BAY RD CHASKA MN 55318 JEROME E COVENY 2921 WASHTA BAY RD EXCELSIOR MN 55331 BIRUTA M DUNDURS 3627 RED CEDAR POINT RD EXCELSIOR MN 55331 KEVIN T & MAUREEN S FARRELL 6541 MINNEWASHTA PKY EXCELSIOR MN 55331 KENT J & JULIE A FORSS 3850 MAPLE SHORES DR EXCELSIOR MN 55331 SCOTT P & LAURIE A GAUER 3820 LONE CEDAR LN CHASKA MN 55318 GETSCH CORP C/O MARJORIE GETSCH 7530 DOGWOOD RD EXCELSIOR MN 55331 JAMES O JR & CHRISTAN GINTHER 3611 IRONWOOD RD EXCELSIOR MN 55331 WAYNE S HAGEN 3421 SHORE DR EXCELSIOR MN 55331 MICHAEL A SR & TONI L HALLEEN ANNALEE MARIE HANSON RICHARD A & DARLENE J HANSON MICHAEL JR & STEPHANIE HALLEEN TRUSTEE OF TRUST 7750 CRIMSON BAY RD 3351 SHORE DR 6400 GREENBRIAR CHASKA MN 55318 EXCELSIOR MN 55331 EXCELSIOR MN 55331 STEVEN P & LAURIE A HANSON JONATHAN D & KRISTI K HARRIS WILLIAM R HAUGH 225 CAMPBELL DR 3241 DARTMOUTH DR 3727 SOUTH CEDAR HOPKINS MN 55343 EXCELSIOR MN 55331 EXCELSIOR MN 55331 KATHRYN B HAWORTH TRUSTEE OF TRUST 7044 RED CEDAR CV EXCELSIOR MN 55331 PATRICIA J HEGMAN 3311 SHORE DR EXCELSIOR MN 55331 DANIEL J & KAREN A HERBST 7640 CRIMSON BAY RD CHASKA MN 55318 ALLEN R & CARRIE A HOFFMAN 3732 HICKORY RD EXCELSIOR MN 55331 ROBERT & CAROL HOLZINGER TRUSTEES OF TRUST 7038 RED CEDAR CV EXCELSIOR MN 55331 PER & E LAURIE JACOBSON 2840 TANAGERS LN EXCELSIOR MN 55331 DANA L JOHNSON 6671 MINNEWASHTA PKY EXCELSIOR MN 55331 TERRANCE M & PAMELA JOHNSON 3898 LONE CEDAR LN CHASKA MN 55318 DAVID R BARBARA M HEADLA 6870 MINNEWASHTA PKY EXCELSIOR MN 55331 RICKY A & TOMASA HELLING 11983 NORTH 135TH WAY SCOTTSDALE AZ 85259 CAROL HERGOTT 7098 RED CEDAR CV EXCELSIOR MN 55331 KEVIN R & MARY E HOFFMAN 6631 MINNEWASHTA PKY EXCELSIOR MN 55331 BRUCE J & JEANNINE T HUBBARD 2841 WASHTA BAY RD EXCELSIOR MN 55331 GREGG R & GAY MARIE JANDRO 3896 LONE CEDAR LN CHASKA MN 55318 JEFFREY L & MICHELLE A JOHNSON 3705 SOUTH CEDAR EXCELSIOR MN 55331 THOMAS C & JACQUELINE JOHNSON 3637 SOUTH CEDAR EXCELSIOR MN 55331 ARNOLD & CAROL M HED 3860 LONE CEDAR CIR CHASKA MN 55318 JILL D HEMPEL 3707 SOUTH CEDAR EXCELSIOR MN 55331 DAVID C & DONNA B HOELKE 3621 IRONWOOD RD EXCELSIOR MN 55331 HOLZER TRUST 2003 C/O WAYNE A HOLZER 2911 WASHTA BAY RD EXCELSIOR MN 55331 WILLIAM D & DEBRA J HUMPHRIES 3890 LONE CEDAR CIR CHASKA MN 55318 WAYNE A JESKE 7096 RED CEDAR CV EXCELSIOR MN 55331 LINDA L JOHNSON 3629 RED CEDAR POINT RD EXCELSIOR MN 55331 PAUL R & MARY K JOHNSTON 6485 TANAGERS PT EXCELSIOR MN 55331 L MARTIN & DONNA R JONES ROBERT M & PATRICIA A JOSEPH JOSEPH H & GEORGIA G KANDIKO TRUSTEES OF TRUSTS 6701 MINNEWASHTA PKY 3870 MAPLE SHORES DR 7321 DOGWOOD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JEFFREY W & TERESA P KERTSON STEVEN E & MARSHA E KEUSEMAN JOANNE T KIMBLE & 6810 MINNEWASHTA PKY 3622 RED CEDAR POINT RD MELVIN A KIMBLE EXCELSIOR MN 55331 EXCELSIOR MN 55331 7058 RED CEDAR CV EXCELSIOR MN 55331 MARIA P KNIGHT ROBERT F & SANDRA K LAPRADE FRITZ WILMER LARSON & LAAG NIEUWKOOP 28 6470 TANAGERS PT MARILYN E LARSON 3628 GC KOCKENGEN EXCELSIOR MN 55331 7380 MINNEWASHTA PKY EXCELSIOR MN 55331 JEAN D LARSON WILMER & MARILYN LARSON DONALD D & COLLEEN K LINKE 3609 RED CEDAR POINT RD 7380 MINNEWASHTA PKY 7301 MINNEWASHTA PKY EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JAMES F & DOLORES LIPE DOUGLAS D LIVINGSTON DEBORAH S LOCKHART & 3880 LONE CEDAR LN 3331 SHORE DR DIANE LEESON ANDING CHASKA MN 55318 EXCELSIOR MN 55331 3618 RED CEDAR POINT RD EXCELSIOR MN 55331 THOMAS R & KAREN C LONDO CHRISTINE J LUDTKE RICHARD C LUNDELL 3764 LANDINGS DR 6480 TANAGERS PT 7341 DOGWOOD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JESSICA BELLE LYMAN THOMAS E LYONS JOHN D & SARAH H MANEY 3603 RED CEDAR POINT RD 2931 WASHTA BAY RD 7078 RED CEDAR CV EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 STEPHEN C & KAREN A MARTIN WILLIAM & JEAN M MCDANIEL JOHN B MCKELLIP 3211 DARTMOUTH DR 3341 SHORE DR 21020 RADISSON RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 MINNEWASHTA CREEK MINNEWASHTA HEIGHTS ASSN THOMAS JOSEPH MERZ HOMEOWNERS C/O JOHN WARREN, TREAS 3201 DARTMOUTH DR C/O NANCY NARR 6340 ELM TREE AVE EXCELSIOR MN 55331 3950 LINDEN CIR EXCELSIOR MN 55331 EXCELSIOR MN 55331 MINNEWASHTA SHORES INC PAUL M & MARJORIE A MODELL JAMES & PATRICIA A MOORE C/O PATRICIA CRANE. 3441 SHORE DR 3630 HICKORY RD 6341 CYPRESS DR EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 BENNETT J & SHARON M MORGAN MICHAEL & SUSAN L MORGAN WILLARD E MORTON 3920 WHITE OAK LN 3734 HICKORY RD 7024 RED CEDAR CV EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 MPLS COUNCIL OF CAMPFIRE GARY A & KATHLEEN A MUSGJERD WILLIAM O & STEPHANIE NAEGELE GIRLS 6420 TANAGERS PT 3301 SHORE DR 640 GRANT ST E EXCELSIOR MN 55331 EXCELSIOR MN 55331 MINNEAPOLIS MN 55404 TIMOTHY J NELSON & DANA E COOKE 3724 HICKORY RD EXCELSIOR MN 55331 CHARLES & JENNIFER NEWELL 7550 DOGWOOD RD EXCELSIOR MN 55331 CRAIG D & JANIE S NORBY 7351 MINNEWASHTA PKY EXCELSIOR MN 55331 OLIVEWOOD HOMEOWNERS ASSN C/O BRIAN FALK 6475 TANAGERS PT EXCELSIOR MN 55331 KRISTEN L ORTLIP 2831 WASHTA BAY RD EXCELSIOR MN 55331 PEMTOM COMPANY 7597 ANAGRAM DR EDEN PRAIRIE MN 55344 VERNA ARLENE PETERJOHN 3892 LONE CEDAR LN CHASKA MN 55318 PETER J & KARRI J PLUCINAK 3631 SOUTH CEDAR EXCELSIOR MN 55331 PAUL V & ALYSSA S NESS 3732 LANDINGS DR EXCELSIOR MN 55331 DONALD M NICHOLSON 2901 WASHTA BAY RD EXCELSIOR MN 55331 TIMOTHY M & MARY K O'CONNOR 3748 LANDINGS DR EXCELSIOR MN 55331 MARK A & YOMARIE OLSEN 2961 WASHTA BAY CT EXCELSIOR MN 55331 ROBERT C & ANN OSBORNE 3815 RED CEDAR POINT RD EXCELSIOR MN 55331 DAVID & SALLY PETERJOHN 3921 HAWTHORNE CIR EXCELSIOR MN 55331 GARY PETERSON 1769 20TH AVE NW NEW BRIGHTON MN CHARLES & JENNIFER NEWELL 7550 DOGWOOD RD EXCELSIOR MN 55331 GREGORY A & ROBIN M NIEMANN 3231 DARTMOUTH DR EXCELSIOR MN 55331 ROGER W OAS 7301 DOGWOOD EXCELSIOR MN 55331 ROB M & CALI L OLSON 7700 CRIMSON BAY RD CHASKA MN 55318 JEFFREY J & DEBRA J PAPKE 6180 CARDINAL DR S EXCELSIOR MN 55331 DAVID JOHN PETERJOHN 3921 HAWTHORN CIR EXCELSIOR MN 55331 HERBERT J & PATRICIA L PFEFFER 19225 N CAVE CREEK RD 55112 LOT 103 PHOENIX AZ 85024 DAVID & ADELAIDE PRILLAMAN 7064 RED CEDAR CV EXCELSIOR MN 55331 LUMIR C PROSHEK 3613 RED CEDAR POINT RD EXCELSIOR MN 55331 QUAI D'ANJOU LLC JANET M QUIST ETAL JOAN E RASK 4510 WEST LAKERIDGE 7331 DOGWOOD C/O JANET CARLSON DENVER CO 80219 EXCELSIOR MN 55331 1884 PHALEN PL MAPLEWOOD MN 55109 RED CEDAR COVE TOWNHOUSE PATRICIA L RICHARDSON STACEY R & MICHELLE R RICKERT PO BOX 181 7095 RED CEDAR CV 6440 TANAGERS PT EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JAMES P & SUSAN S ROSS 3725 SOUTH CEDAR EXCELSIOR MN 55331 ROBERT E & JUDY D ROYER 7074 RED CEDAR CV EXCELSIOR MN 55331 EDWIN L & LIVIA SEIM COY O & SANDRA S SHELBY TRUSTEES OF SEIM FAMILY TRUST 7068 RED CEDAR CV 292 CHARLES DR EXCELSIOR MN 55331 SAN LUIS OBISPO CA 93401 ALFRED & CARLOTTA F SMITH 3714 HICKORY RD EXCELSIOR MN 55331 STATE OF MINNESOTA IN TRUST C/O AUDITOR - DNR WITHHELD 600 4TH ST E CHASKA MN 55318 PETER B & PAMELA J STROMMEN 3221 DARTMOUTH DR EXCELSIOR MN 55331 KENNETH R & MARTHA L SORENSEN 3800 LONE CEDAR CIR CHASKA MN 55318 WILLIAM J & EILEEN S STERNARD 3664 LANDINGS DR EXCELSIOR MN 55331 DONALD K & CHERLYN SUEKER 3111 DARTMOUTH DR EXCELSIOR MN 55331 JOHN F & MARY C SCHUMACHER 2941 WASHTA BAY RD EXCELSIOR MN 55331 DEAN A & JACQUELINE P SIMPSON 7185 HAZELTINE BLVD EXCELSIOR MN 55331 EMIL & PATRICIA SOUBA 14025 VALE CT EDEN PRAIRIE MN 55344 STRATFORD RIDGE HOMEOWNERS ASN C/O KEITH F BEDFORD 3961 STRATFORD RDG EXCELSIOR MN 55331 PAUL GREGORY & MARY S SUMNERS 7620 CRIMSON BAY RD CHASKA MN 55318 AARON J & ADRIENNE F THOMPSON TROLLS -GLEN HOMEOWNERS ASSN SCOTT A VERGIN 3711 SOUTH CEDAR C/O B F SCHNEIDER, TREASURER 7311 DOGWOOD EXCELSIOR MN 55331 PO BOX 103 EXCELSIOR MN 55331 CHANHASSEN MN 55317 GARY A & JANET K VIERLING JAMES L & CONNIE A VOLLING JAMES A & JEAN WAY 7099 RED CEDAR CV 3700 LANDINGS DR 6641 MINNEWASHTA PKY EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHARLY A WEBBER 3850 LONE CEDAR CIR CHASKA MN 55318 JOHN L & LORI A WEBER 3220 DARTMOUTH DR EXCELSIOR MN 55331 CHRIS & KRISTINE WEDES 3716 HICKORY RD EXCELSIOR MN 55331 ANTHONY C & JODI L WEINZETL BRUCE D & KARLA J WICKSTROM ROBERT D & JOY D WILSON 3688 LANDINGS DR 3716 LANDINGS DR TRUSTEES OF WILSON FAM TRUST EXCELSIOR MN 55331 EXCELSIOR MN 55331 7048 RED CEDAR CV EXCELSIOR MN 55331 BARBARA DIANE WINTHEISER 3321 SHORE DR EXCELSIOR MN 55331 THOMAS E & LORI K WRIGHT 3607 IRONWOOD RD EXCELSIOR MN 55331 LANE L & RENEA M WOODLAND 7034 RED CEDAR CV EXCELSIOR MN 55331 RICHARD L & ANN M ZWEIG 3601 IRONWOOD RD EXCELSIOR MN 55331 ROBERT L ALFORD JEFFREY MARK ANDERSON MICHAEL DEAN ANDERSON 6355 MINNEWASHTA WOODS DR 6840 HAZELTINE BLVD 7140 HAZELTINE BLVD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 RICHARD E & SUSAN K ATWOOD MARY A BENTLEY PAUL S & SUSAN M BLASKE 2701 PIPER RIDGE LN 6810 HIGHOVER DR 6856 HIGHOVER DR EXCELSIOR MN 55331 CHANHASSEN MN 55317 CHANHASSEN MN 55317 RICHARD D BLISS & DAVID C & STACY L BRAY LEE S & RHONDA L BROADSTON GAIL ANN PRATT 2751 SANDPIPER TRL 6918 HIGHOVER DR 6400 MELODY LN EXCELSIOR MN 55331 CHANHASSEN MN 55317 EXCELSIOR MN 55331 THOMAS F & NANCY M BRUCH E JEROME CARLSON & JOHN T & ANNE C CARTER 6347 MINNEWASHTA WOODS DR JULIANA MARY CARLSON 6390 MELODY LN EXCELSIOR MN 55331 695E EXCELSIOR MN 55331 EXCELLSIORSIOR MNN 55331 5 PING CHUNG & DENNIS M & JOAN E CLARK ROBERT E & JUDITH B CLARKE ANH TRAN 6651 HAZELTINE BLVD 6821 HIGHOVER DR 7000 HIGHOVER DR EXCELSIOR MN 55331 CHANHASSEN MN 55317 CHANHASSEN MN 55317 MICHELLE M CURTIS DAVID H DAMMAN & JOHN & RENA DRAGSETH 2446 64TH ST W LAUREN LIPPMAN-DAMMAN 2600 FOREST AVE EXCELSIOR MN 55331 6934 HIGHOVER DR EXCELSIOR MN 55331 CHANHASSEN MN 55317 LAWRENCE M & ABIGAIL DUMOULIN GERALDINE EIKAAS DAMELNIEL P GRIFFI & 6966 HIGHOVER DR 2763 CHES MAR FARM RD PAMELA M GRIFFITH-ENBLOM 701E CHES MAR CHANHASSEN MN 55317 EXCELSIOR MN 55331 EXCELSIOR MN 55 55331 BRIAN D & TRICIA J FALK MICHAEL L & SUSAN FAULK THOMAS E FISHER 6475 TANAGERS PT 2791 PIPER RIDGE LN 6349 MINNEWASHTA WOODS DR EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 ATHLEEN K K E & ANTHONY LEE FREEMAN BARRY G & JENNIFER J FRIENDS DAVID DAVID & 6786 HIGHOVER DR 2735 CHES MAR FARM RD FULK690E ERSONHIGHOER DR CHANHASSEN MN 55317 EXCELSIOR MN 55331 CHANHASSEN MN 55317 MICHAEL W & SUSAN L GILBERT BENJAMIN & H GOWEN GERMAINE E GRANT 7100 CHES MAR DR 6440 HAZELTINE BLVD TRUSTEE OF TRUST EXCELSIOR MN 55331 EXCELSIOR MN 55331 2782 PIPER RIDGE LN EXCELSIOR MN 55331 WILLIAM J JR & TERESA A GREER WILLIAM D & MARY D HAWORTH RANDOLPH H & KELLY A HERMAN 2771 PIPER RIDGE LN 6818 HIGHOVER DR 2792 PIPER RIDGE LN EXCELSIOR MN 55331 CHANHASSEN MN 55317 EXCELSIOR MN 55331 DARRELL W & JUDY E HINKLIN 6345 MINNEWASHTA WOODS DR EXCELSIOR MN 55331 DARRELL & LAURICE JOHNSON 2731 PIPER RIDGE LN EXCELSIOR MN 55331 LEONARD V & MARY ELLEN KUHI 2703 CHES MAR FARM RD EXCELSIOR MN 55331 MICHAEL P & TERRI A MASON 2711 PIPER RIDGE LN EXCELSIOR MN 55331 THOMAS M & KIMBERLY A MCREAVY 2751 PIPER RIDGE LN EXCELSIOR MN 55331 HOWARD G & MICHELLE N NELSON 2445 64TH ST W EXCELSIOR MN 55331 MARK J OLSON 7011 HIGHOVER DR CHANHASSEN MN 55317 RUSSELL J & LYNN F PAULY 2447 64TH ST W EXCELSIOR MN 55331 DAVID G & STACEY R HURRELL 7460 BENT BOW TRL CHANHASSEN MN 55317 JAMES H & ALICIA M JOHNSON 2762 PIPER RIDGE LN EXCELSIOR MN 55331 KENNETH J & BETTY L LANG 2631 FOREST AVE EXCELSIOR MN 55331 MICHAEL J & CANDICE K MCGRAW 2446 HIGHOVER TRL CHANHASSEN MN 55317 MATTHEW & KRISTINE MEDICK 6800 HIGHOVER DR CHANHASSEN MN 55317 JOHN T & BARBARA N NEVIN 6361 MINNEWASHTA WOODS DR EXCELSIOR MN 55331 DAVID C & LISA K OWEN 2444 LAKE LUCY RD CHANHASSEN MN 55317 KENNETH R & LISA MARIE PEITZ 6811 HIGHOVER DR CHANHASSEN MN 55317 IND SCHOOL DIST 276 261 SCHOOL AVE EXCELSIOR MN 55331 WILLIAM D & BARBARA L JOHNSON 7060 CHES MAR DR EXCELSIOR MN 55331 KATHLEEN E MACK 6984 HIGHOVER DR CHANHASSEN MN 55317 PATRICK J & LISA M MCNULTY 6842 HIGHOVER DR CHANHASSEN MN 55317 MPLS COUNCIL OF CAMPFIRE GIRLS 2610 UNIVERSITY AVE W MINNEAPOLIS MN 55114 OLIVEWOOD HOMEOWNERS ASSN C/O BRIAN FALK 6475 TANAGERS PT EXCELSIOR MN 55331 PAINTING PERFECTION LTD 13875 FENWAY BLVD N SUITE 300 HUGO MN 55038. WAYNE PETERSON & KELLY WATSON 2444 64TH ST W EXCELSIOR MN 55331 KEVIN & IVY PETTIS PAUL R & CAROLINDA PRENEVOST GARY G & JANET REED 2742 PIPER RIDGE LN .6351 MINNEWASHTA WOODS 2461 64TH ST W EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHARLES ROSENBERGER III & GREGORY L & NANCY L SCHMIDT WILLIAM M & SANDRA B SHAVER CLAIRE ROSENBERGER 2700 CHES MAR FARM RD 2458 HIGHOVER TRL 2772 PIPER RIDGE LN EXCELSIOR MN 55331 CHANHASSEN MN 55317 EXCELSIOR MN 55331 DEAN A & JACQUELINE P SIMPSON 7185 HAZELTINE BLVD EXCELSIOR MN 55331 CHRISTOPHER E STEELE & GAIL C LOFNESS STEELE 6455 TANAGERS PT CHANHASSEN MN 55317 JOSEPH P THULL 6872 HIGHOVER DR CHANHASSEN MN 55317 TRAVIS D & NATALIE A SPRAGUE 6888 HIGHOVER DR CHANHASSEN MN 55317 JAMES & CANDACE STORM 20 2N D ST NE APT 2703 55413 JAMES G WAYNE JR 7200 HAZELTINE BLVD EXCELSIOR MN 55331 KINGSTON SPURBECK 6350 FOREST CIR EXCELSIOR MN 55331 RICHARD E & KIMBERLY TENNYSON 2722 PIPER RIDGE LN EXCELSIOR MN 55331 WILLIAM C & ANNE T WENDELL 6814 HIGHOVER DR CHANHASSEN MN 55317 WALTER A & MELBA D WHITEHILL PAUL R & ROXANNE J YOUNGQUIST WILLIAM M ZIEGLER 7250 HAZELTINE BLVD 7105 HAZELTINE BLVD 6441 ORIOLE AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 tP MI o- r - c e ♦ ! r"= n . 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