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CC Staff Report 2-28-05 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax 952.227.1170 Finance Phone: 952.227.1140 Fax 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952227.1110 Web Site \'NfW.ci .chanhassen. mn .us 4- MEMORANDUM TO: tcAHNeO Todd Gerhardt, City Manager FROM: Josh Metzer, Planner I DATE: (/ 'Ärfç, March 14,2005 SUBJ: Consider Amendment to Conditional Use Permit 75-2 to Eliminate Horsepower Restriction at Boat Access #1 in Lake Minnewashta Regional Park - Planning Case No. 04-37 EXECUTIVE SUMMARY Request for amendment to Conditional Use Permit 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. The site is zoned RR, Rural Residential District. ACTION REQUIRED City Council approval requires a simple majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on February 1, 2005 to review the proposed conditional use permit amendment. The Planning Commission voted 4 to 2 to approve the proposed request. The two no votes were based on environmental reasons. The summary and verbatim minutes are attached. RECOMMENDATION Staff and the Planning Commission recommend adoption of the motion approving the conditional use permit amendment as specified in the staff report dated February 1,2005. ATTACHMENTS 1. Planning Commission Staff Report Dated February 1, 2005. 2. Planning Commission Minutes dated February 1, 2005. g:\plan\2004 planning cases\04-37 - minnewashta regional park 75-2 cup amendment\executive summary.doc The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks A great place to live, work, and play ~ z -< U ÞO-4 ~ ~ ~ -< -< ~ -< Q ~ ~ ÞO-4 00. PC DATE: February 1, 2005 ŒJ CC DATE: February 28,2005 CITY OF CHANHASSEN REVIEW DEADLINE: February 28, 2005 CASE #: 04-37 BY: 1M STAFF REPORT 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: RR, Rural Residential District 2020 LAND USE PLAN: Parks/Open Space ACREAGE: 340 acres 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. Minnewashta Regional Park Conditional Use Pennit 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 Pennit 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 Pennit 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 en vironment. 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 Julie Ekman Wayne Barstad Daryl Ellison Boat & Water Safety Coordinator Area Hydrologist-West Metro, Central Region 3 Regional Environmental Assessment Ecologist 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 Pennit Amendment - Planning Case No. 04-37 February 1,2005 Page 5 figure 5. J . C}¡ariJCU:f 5ke{ch of boar htlJ",J¡ ;md \If,IWf tol1t,lq Stil1;/c>n. P.d..rn..n 1Jo...!."J1. (f-~-,_ n,¡dp /'u;..... CI....-1 Info"",j a<OLk ,\"'" f ~-'f o....'-J,..o-r Ci.;1Ut1;Mltll ! SIuoIt.. SIrnrt....-\. '-. ----N~Þ!~ T~ n"", I.......J. Wlll.~_ Ð.....!ru... L!od. 0...1 PuII·OII Am. ... -_~. í\l.'..J R."",,,.¡,.-ffi) -. VullvrL...._ Swi....1 T..¡J"-IP';"¡'¡'" (2001'0«0) Ti!~~ o..-'¡""¡'¡till w-~.,.l ---.. ... N.''''''Tn.~] 0('. -i-- !j-~~1~ 'y '>~ P..' fJli. _/ l'u'l"""'T.,.¡¡ '¡>"J. M.Jû. l~~~~~~ Pwpóm: r ¡-.ll 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. FINDINGS 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: 1. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. Findim!: The amendment will not be detrimental to the general welfare of the city. The existing restrictions should protect the character of the area. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Minnewashta Regional Park Conditional Use Pennit Amendment - Planning Case No. 04-37 February 1,2005 Page 6 Findin2: The amendment will be consistent with the Comprehensive Plan and Chapter 20 of the City Code. 3. 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. Findin2: The amendment will not change the character of the area while boats with motors greater than 10 horsepower will be permitted launch access on Little Minne Bay, they are still restricted to no wake. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Findin2: The amendment will not be hazardous or disturbing to existing or planned neighboring uses. 5. 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. Findin2: Adequate public facilities already exist. 6. Will not create excessive requirements for public facilities and servIces and will not be detrimental to the economic welfare of the community. Findin2: Additional public facilities and services will not be required. 7. 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. Findin2: While the type of traffic will change with access granted to boat motors greater than 10 horsepower, which may increase the level of noise created by boat traffic, Slow-No Wake zoning should limit noise increases. 8. Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Findin2: Adequate vehicular approaches already exist 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Minnewashta Regional Park Conditional Use Pennit Amendment -Planning Case No. 04-37 February 1, 2005 Page 7 Finding: The amendment will not result in significant damage of natural features of Little Minne Bay. 10. Will be aesthetically compatible with the area. Finding: The amendment will be aesthetically compatible with the area. 11. Will not depreciate surrounding property values. Finding: The amendment will not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: The amendment meets the standards of uses provided in this article. 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 limited for launch of v¡aìercraft of ten (10) horsepower or less 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 v¡ithout horsopo';¡er 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." RECOMMENDATION 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 Minnewashta Regional Park Conditional Use Pennit Amendment - Planning Case No. 04-37 February 1,2005 Page 8 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. g:\plan\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 INRE: 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 Vz of NW lA of Section 4; S Yz of Section 4; NE 1J4 of SE tA of Section 5; N Vz ofNW 1J4 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. 1 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. 1. 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 aI, 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 BY: Planning Commission Chairperson g:\plan\2004 planning cases\04-37 - minnewashta regional park 75-2 cup amendment\findings offact.doc 2 0t4-::S7 CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN,MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: C~AÇ¿\Jt=R (('ìL )I\.i-r{ t?a.t...t.S OWNER: ~Ý\K { COUt\A-, I ADDRESS: J\3lrJO \-\~h,^fO--ìl Zr2 'POß,y:~=o ADDRESS: <oOC) FILß+ L/+t'- S4- .c.~J~n(? MI\..¡ 55322 - ö~30 (__h{Î~ro..~ M.^) 55~ 18 TELEPHONE (Day Time~5-z...) %~ - 52-5'0 TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit ~ Conditional Use Permit ÄYV\.e n.d Cuf> Vacation of Right-of-Way/Easements /5-2- 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 X Escrow for Filing Fees/Attorney Cost** Site Plan Review* - $50 CUP/SPRN ACN AR/W AP/Metes & Bounds - $400 Minor SUB Subdivision* TOTAL FEE $ - (j ~ Wl\..ì.v~d. 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 in,:,oiced 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%" 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: ~b, /lIl (Vlr1¿u.)~ JifL ~o..J ìonaJ Po r-L CUP 4mel'\dmen-l- 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. ·1 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. ~-P éÅ-~hPr{ \eAt-er Signature of Applicant Datè Signature of Fee Owner Date Application Received on 9- 2- c¡ -0'-1 Fee Paid N fA , 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. G:\plan\forms\Development Review Application.DOC (L:iL t ;~:.. ,.:¿: I: CARVER COUNTY PARKS 11360 Highway 212 West, PO Box 330 Cologne, MN 55322-0330 Phone (952) 466-5250 Fax (952) 466-5223 WVvw.co.carver.mn.us/parks Division ofPub1ic Works ~ CARVER COUNTY ¡ 1360 Hwy_ 212 West, PO Box 300 Cologne, MN 55322-0300 Phone (952) 466-5200 Fax (952) 466-5223 Kate Aanenson City of Chanhassen 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 REceIVED SEP 2' 9 2004 CITY OF CHANHASSEN Dear Ms. Aanenson, 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 fŸom 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 15th, 2004. . Klevan Schmitz p .. ks oordinator r County Parks SCANNeD IV. ':J ~. _'I j¿'.J/ II lUiL t , ( C' CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA 1f CONDITIONAL USE PERMIT LAKE MINNEWASHTA REGIONAL PARK THIS AGREEMENT, made and entered into by and between the City of Chanhassen, he~eiriafter referred to as the City, and the Board of Commissioners of Carver County, hereinafter referred to as th~ County; WITNESSETH, That in the exercise of their powers pursuant to law, and in consideration of the mutual covenants herein contained, the City and County recite and agree as follows: Section 1. Recitals. 1.01. State Law and City Zoning Ordinance. It is qcknowledged by the parties hereto that under the provisions of r-L 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 provided, 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" respectivèly and incorporated herein by reference. 1.04. General Purpose. The purpose of this agreement is to set forth the terms and conditions governing thèapproval 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 -1- ( c part of the Master Plan of the Lake Mlnnewashta Regional Park, her~- inafter referred to as the "Master Plan," the parties hereto acknowledge the necessity of-tþe acquisition and development by the County of land area Parcels C arid- D east of State Trunk Highway #41 for utilization as a natural demonstration and study area. 2.02 . Acquisition Funding. The parties heret_o acknowledge that Parcels C _and D are integral components-of the Masterplan 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 asposs·ible for the acquisition and development of -said Parcels Cand D through grants from the state and federal governments and the Metropolitan Council of the Twin Cities. schematic Plan. Section 3. 3.01. Design Capacities. The design capacities as. set forth in Section III, Schematic Plan, of the Master P1an, and the Lake Minne- washta Park Use Calculations of the Subcommittee for Master Plánning 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. Q.~:tê.üled development plans within the proposed park shall be submitted to 'the- Cityf6r-reviE:iw--iind--eomnrent--- ,_~. prior to approvà1 by the County. It is . hot contempiated 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 wi thin the City. Any development plans not consistent in scope and capacities with the Màster Plan shall require an amended conditional use permit. 4.02. Trail Connection and Lake Lucy Road Extension. Upon the acquisition of land parcels Cand D, appropriatè 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- J; :..- ~ ~ c ( 4.04. Land Stewardship Program. The land stewardship program will consist principally of gradually phàsing from cultivated land to turf establishment on Parcel E, ,establishing a tree nursery/beginning prairie establishment on a portion of Parcel È, 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, Charthassert, and Victoria areas in Carver County, which is generally déscribed 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 Committee members shall also keep the City Councils of their respective cities informed of their general æti vities . They shall also ~rve as the conduit of concerns from their respective City Councils to the County. The Advisory Committee snaIl 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 Acèess. 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 CÖmmittee shall recortunend any appropriate amendments to the County Park Ordinance or regulatory County Bbard Resolutions as the same maibe applicable to the park. In addition, all County proposed park ordinance amendments or regulatbry resolutions shall be reviewed by the Advisory Committee for its reconunendations and comments prior to enactment. 6.02. Policing. Policing of the park shall be the'responsibility of the County through its Sheriff I s Department at no cos t 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 Minnewashb:i through·tf¡e park shall be limited to non~motorized boats or fishing boats of fifteen (15) horsepower or less. Section 7. Roads, Water and Sanitary Sewer Services. 7.01. Roads. All roads and trails within the park shall be con- structed and maintained, including snow plowing, by 1he 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 availahle, 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), a.nd 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 §8.0l 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 MinnewashtaRegional 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 hot 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 assessmentsagairist 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. §429.06l. 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. §473.34l, 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 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- '. ~". r f Section 9. General Provisions. 9.01. Indemnification. The County shall indemnify and hold theCity\ 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 injuryordarnage, 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 al).y 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 a-ssigned or conveyed by the County without the prior written consent of the City. 9.03. Standards Applicable. The City Council and its Planning Com- mission have determined that in the grant of the within conditional use permit, the standards of the Chanhassen Zøning 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 withfue other party a certified copy of the resolution approving the execution of the within agree- ment. Executed this ~day of Chanhassen. ' £' . , "t'- -." _ 1ft é'/n/.,/, , 1977, by the City of Attest,¡(J. /)) . "::TY~;:~~ A~'_~"¿(.;l../' (..JoÚ".9h. City Clerk/Manage~ . Executed this 6th day of December Commissioners of Carver County. , 1977, by the Board of BOARD OF COMMISSIONERS OF CARVER COUNTY Ú)#~ Vice-Chairman ¡ A~ V't: - ',') i) 7 t/ _t-é¿-u;-¡~ d/Ll-1--~J6 County AUditrr. By -5- %~~~~~~~i~~5~)··~~e.~~t~~.~~5'~~~ . .~. '. .. - . . .- . ... - ~..' .' .; ," . '." -.--_. iit;;:~:~:f¡¡.,,~~~~~t~j;~t.'~~ -.. ." . n _-._~ ~ . ..... '. .. ~$%f:~t~~,~~~:.;~~~·~~~~(~~~~ (' (, ( BOARD OF COUNTY COMMISSIONERS Date December 6, .1977 CARŸER ·COUHIY, MHfESOTA Rèsôlution Nô Seconded by Commi$$iCine~ Trende Motion by Commissioner. .. Aretz Commissioner Aretz moved, seconded by Trencle, to approve the· Conditional Use Permit. for the Lake Minnewashta Regional Park, and authorize the vice-chairman to sign the agreement with Chanhassen. YES NO Aretz Trende Gnan ES5 State of Minnesota I $$. . .. . County of COrver í . Richard c... Wadman appointed . . I, WiRlCØlX5ilx&lwliler, duly eI~'d, qualified and acting COUilty Auditor for the County of Carver,Stota of Minnesota. do hereby certify that ( have compo red the foregøing' copy of 0 resolutiòn with the original minutes· of the prouedings of the Board of· County Commissioners, Carver (ounty, Minnesota. ot their session held on the ·6th clay of_ December 19-ZL, now onflle În my office. and have found the Same to be o true and correct copy thereof. I Witness my hand and official seal at Cbosko. Minnesota. this 3~n~)'f January, 1978 . L.~_.P. (Ç2~- - CwntT .AudHor CITY:) F CHAIHASSEI q. - 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 permit for the Lake Minnewashta request was processed, public h Commission, and their recommend Council. Five changes werè be' The fifth, was a request from nate the existing 15 horsepow the Regional Park. That req and the City Council acted review the request, consid dation. ed that their conditional use onal Park be amended. The held by the Plann~ng submitted to the City ested. Four were minor. politan Council to elimi- ion for launching boats at d considerable discussion citizens committee to , and to make recommen- On July 21, 1983, th its recommendations extensive and co "attended by r thrust of tha requirement power and to the Regional udy Committee presented e committee had been Meetings were well a area. The major the horsepower horse- point in The City Council action was list ditional use permit by incorpor Lake Minnewashta Boat Access st the Council." rected to amend the con- the recommendations of the Committee and resubmit it to 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 P ag e 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 rèvisions. Approval of the amended conditional use permit, as herein attached, is recommended. ~~fr 1 ¥ f ( ......-" '&,J J- ...........LJ.~4 (' Report Of The Lake HinnewashtaStudy Committee JUne 1983 l1embers: Arnie Bed - Chair Clark Horn John Neveaux rröm l1erz Pat Hurphy Established: by City Council _. August 1982 . .. Charge: To study public access alternatives for Lake Ivlinnewashta Background: 1. City/County Conditional Use Permit for Lake Hinne,.¡ashta 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 Minnewashta Regional Park wi th the 15 horsepower restriction. Also, affected City IS" park grant consideration. '. 6. County applied for C.U~P. amendment deleting thel5 horsepQwer restriction. 7. Park & Recreation Commission recommended approval. 8. Planning Commission recommended denial. 9. City Council established this con~ittee to study alternatives. Cornmi ttee vJork: 1. Met ~ith DNR & Metro Council representatives: a. Neither DNR nor Met.ro Council \V.i.ll use their funds for more shoreline when Regional Park has 2 miles. b. DNR would be amenable to location other than the park· if they did not have to fund land acquisition~ Attachment '#2 be perm.::tnentr 01 aaequate QeslgIl, ax:u -cr' pdLJ<....I..W:I c.t.J. Cd cannot be r -ated from the la.unchl.nv·, - ~a by roadvlélY· à. Total of 32 to 37 parking spaces must be provided to meet DNR·and Metro Councilrequirements. Some of these spaces could bo assigned to the restiictedaccess on Little Minne. 2. Reviewed potrintial access areas around lake: a. Existing city acce.5s adjacent to Leach I 5 Resort: * Developed plan for moving' Minnewashta Park\.vay. * 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 fo~ long term use as access. * Extremely expensive to acquire. c. Island at south end of lake north of Hwy. 5: * Safety problems with car/traileraccess off and onto Hwy. 5. * Marginal in size and may require fill on island. * Environmentally sensitive around island as spawninÇJ. 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 pro~ide parking. e. Lake Minnewashta Regional Park (3 pQtential areas): * Little Hinne is environmentally sensitive and should not be the principal.public boat entrance to the lake. ~-,.', :;-_~o,;.._r"",?:·_.·__··_;""~-·- élCCC~S\,¡:y'out Serl<.:)\.lS~Y dlsruptìngc-'c p.Lannea u::;e::; . of plCT. } and svnmnung. Also b'· at- the II end" of the entran~e road, it hinder~ the~~l_ational . flexibility of the park plan. -. * The one other remaining area, located in ~he southern third of the park, Inay detract from one picnic area, but would not :r::cquire any extra road work and a launching and parking area còuld be reasonably designed and permits should be e~sily obtainable. Conclusions: 1. An access meetingDNR requirements is ih the long term best 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 Council, but is uncoordinated, creates conflict~on the west side of t.he lake, and does not ineet the definition of public access used by those agencies. 4. Access meeting DNR and t~etro Council standards can 1?e obtained wi thin the boundaries of Lake Minnewashta Regional Park 'vi th less impact on the corrmmnity than any other location around the lake. Recommendations: "1e hereby recommend that the City council endorse the concept of dual public accesses located within Lake Minnewashta Region?!. Park. l'?e : believe this concept provides the hest long term solution to' providing reasonable public access to Lake Minnewashtawith the least impact to the cornmunit.y and to the environment; and \vith minimal impact on the County~s plan for the regional park. ,.:;re recommend that the following specific proposals be adopted as the means of implementing this solution: 1. An additional boat aCcess with nohorsepmver restriction .will be est~blished in Lake Minnewashta Regional Park. as shown in Attachment A. 'rhis access \vill be limited to a maximum of 20 parking spaces. This acce~s should be developed in the spring of 1985 at \,,¡hich time a permanen-t County park employee will be resident at the park. 2. At such time as the new public access is open, the City should physically clo~w its access adjacent tQ Leach IS Resort. The City should'make a policy statement that the c16sing of a quasi-publicac~ess or private access will not constitute a reason or justification to increase public access parking or capacity. This statement could be included within the Cityls Comprehensive Plan as is proposed for No.6. _._..__.~_. _~___._~::~~.;,,;._-'r.o_., · t" J. -.lIlt: eJ~..L==> \.-..LI1Y IJUJJ...1f.·,\.... C.l\....~Ç i.")':~ ~J.I. ..w...L"_~ t..-.......'- ...-...L........&.L.I....- -rr-- a maxÌIlIum 10 ho~/.. ,ower motor size and a ffiþ1.. .. \1,1IT1 of 15 parking ~paces \'Jill be; _. ided to serve that acCE . The County should be permitted to rent a limited number of canoes fo:c use on Little Minnie. 4. The Countyfs master plan be ievised to reflect these changes and the c~tyfs conditional use permit be amended to reflect these changes. 5. Little Minne should be surface zoned as a "Slow - No Wake" zone. 6. The city should establish a firm policy positiQnregarding all public accesses,'suc11 as' "the city hereby establishes a. boat access policy ilnd standard 9f one (1) parking spéJ-ce for every 20 acres of water' surface - such being both a mirÙÌnum at¡d ma.ximum standard on all city lakes." Further, this policy and standard should be included wi thin the City! s coni.prehensi ve Plan as 'veIl as ....vithin a land use ordinance (water surface or zoning), such requiring a 4/5ths vote' to-be modified thus providing ri?-élsonable assurance. of continuity. '" ,--_:,_...-.... , Planning commission Minutes August 24, 1983 Page 8 conditional Use Permit Äffiendmentfor a Second Boat Access, Minnewashta Regional park, public Hearing Public Present Pat Murphy Mike Liddicoat Arnie Hed Carver Comity Carver County Lake Minnewashta Study COmmittee Waibel presented the staff report indicating that approximately one year ago, the HetropolitanCouncil ahd 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 Lakè Minnewashta can be best accommodated. He stated that, as far as Minne.,.¡ashta Regional Pàrk 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 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 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 a,ndthey 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 bas 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, theC:oun,ty, D.N.R., Metro Council, was to utilize some of the existirtg facilities in the regional park. ~~~~~~~....,-~-~~--..-------~-_.. . ' - -~. ~. - . -.' _._-~~~---'---'-~---~----_.-- _ _,Þ""" _~ R ,-~ .._ , ? l.:lnn i:1g commi 3S ion Mìnutes ,\ugust 2-1, 1983 Page 9 Our ~ope there was to keep non-motorized craft in Little Minnie i3ay J.nd the motorized craft dOYIn the shoreline. The location for the access is nearly a mile from any residential area. At the time the access ·.....ould go in, the public access that exists next to Leach I s ,.....ill be automatically closed and that would eliminate any safety probl'2ffis on Minnewashta Parkway. We anticipate that Leachis Resort, because of economic conditions, will probably not run more than 1~3 years at~he most. Currently, Leach's is putting in about 30 boats a day. So if we are lowering the den- sity on that l.J.Ì<e for an excess of the D.N~R. safety standards, 30 boatscomi:1g from Leach's and 25 over at the new park. But ....heil Leach's close, there wi 11 be no increase in spaces at the Legional park. ;'¡e feel that in the long run we will be· reducing the traffic on the lake than what currently exists. Minnewashta Park will be controlled with an attendant, sO there 'will be much more policing then what we have had on 15. .;lbee moved, seconded Ôy Noziska to close the public hearing, all voted in favor anà thermotion carried. ~erz moved, seconded ~åopt amendment 6.04 ~ollowing addition: access on the lake." adopted as the means by Albee, to recommend that City Council to the Conditional Use Permit with the "The Lake.Minnewashtapark be the only and the following specific proposals be of implementing this solution: 1. An additional boat access with no horsepower restriction will be est3.blished in Lake ivlinnewashta Regional Park as shown in t\ttachment ,ù". This access should be 'developed in the spring of 1985 at ·.....hieh 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 ~hould will physically close its access adjacent to Leach's Resort. The City should 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 could sha1.l be included within the city's Comprehensive Plan as is proposed for ~o. 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 change~ .:lnd the City's conditional use pennit be amended to reflect these changes~ -.--.-.----....- tr . £ "!: , Planning Ccmmi3sion Minutes August 24, 1983 P ag e 10 5. Li ttle :--1Ìnne should be surface zoned as a IISlow - No Waken zone. 6. The City should establish a firm policy position regarding all public accesse's, such as "the c1 ty hereby establishes a boat access policy and standard of one (I) 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 Comprehensive Plan as well as 'ivithin a land use ordinance ('Ñater surface or zoning), such requiring a4/5ths vote to be modified thus providing reasonable assurance of continuity. All voted in favor and the motion carried. Com:::>rehens i ve Land Use Plan Amendment Reques t, Sunnybrook Develooment GrouD. Public Present B.L. Schlender ~.;randã Squi re Paul Schoenecker 6400 Emerson~ Minneapolis 6400 Emerson, Minneapolis 9450 Lakeland Terrace :..¡aibel summari zed that the request was to change the land use designation for the southerly most 23.92 acres of TractB,RLS 88 from 'campus business to conunercial. 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 or large undeveloped areas between this property-and areas of planned or existing development presents a situat'ion where a '....ide variety of well plánned 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 a,R.L.S. No. 88 as presented in Planning Case 83-2 Land Use Plan Amdndmen t. All voted in favor and the motion carr ied. . Also the Planning Commission directed staff to make arrangements for amending the Comprehensive Land Use Plan designation tro~ campus business to commercial for the area east of the property to County Road 17. =---"-'--.~"'.-- '-'~-'-'."--~',..'- ........... --:------_._---~~_.~_._-- .' . . --.-..-------- . -. -~". -... -' .~ - ~. - CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA 1tAMENDED CONDITIONAL USE PERMIT LAKE MINNEWASHTA REGIONAL PARK THIS AGREEMENT, made and entered into by and between the City of Chanhassen, hereinafter referred to as the city, and the Board of Commissioners of Carver County, hereinafter referred to as the County; WITNESSETH, that in the exercise of their powers pursuant to law, and in consideration of the mutual convenants herein con- tained, the City and county recite and agree as follows: Section 1. Recitals. 1.01~ state Law and city Zoning Ordinance. It is acknowledged by the parties hereto that under the provisions of M.S. §398.32, no county parklands or waters may be acquired within the limits of any c,ity 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. to setforth the city of conditional acquisition General purpose. The purpose of this agreement is the terms and conditions governing the approval by the parkland acquisition and the grant of the within use permit which are conditions precedent to land 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 I, I Minnewashta Regiona- Park, hereinafter referre~ 20 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- forth on page 26, table 6 of the Master plan, and the Lake Minnewashta Park Use Calculations of the Subcommittee for Master Planning of the Lake Minnewashta Regional Park, dated May 28, 1975, shall constitute the maximum development allowable in said proposed park. Section 4. Development Plans. ,k 'j 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 r'ecom- 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 IILake Minnewashta Park 2nd Accessll 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 §a.Ol 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 a. Assessments, Taxes and Costs. a.Ol.outstanding Assessments. By resolution adopted October 20, 1975, the city levied a total of 211 trunk water and sewer unit assessments against the properties to be acquired for the park. It is a condition to the grant of the within con- ditional use permit that all of said assessments to be paid in full by the County immediately upon its acquisition of said prop- erties. Included within said payment shall be accrued interest computed pursuant to M.S. §429.061. a.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. a.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 ~ day of ~~ , 1984, by the City of Chanhassen. ATTEST: CITY OF fJ} íL5lfJ City Cler~~~er -L . 1/-& f L~'!DJ' /. 1>/ Executed th1s . day 0 /~eJwtp-'Ç,J Board of Commissioners of Carver County. , 1984, by the ATTEST: BOARD OF COMMISSIONERS OF CARVER COUNTY BY~~~ -5- . . Ji .....j! Ii L L Ii ¡: !I Ii 11 ! II ¡I il íj Ii 11 \: I! ¡i !' ! ì ¡ t . ¡ i I .1 ¡ ¡ I I , ! j I ¡ ! ¡ i ¡ , j! 1 ¿-- )~" . I 1 ~ , .'0J¡ ~~--!-.. (i;l 68828. CERTIFICATION DOCUMENT NO. OFFICE OF COUNTY RECORDER ' . STATE OF MINNESOTÀ COUNTY OF CARVER This is to certifythat this döcument was filed inthisoffice on the a.ll '4!- day df' {;¡ o('..lq~4A.D. at~o'clock-8..:.M. andwas dulyrecórded in Book ~I of '-r¥U['(\,. 'page ~ ,Q-l!d4 (/(Lß 4J¿.~ . County ·Recorder I L_ -~~__.___u. I '1 I ./ STATE OF MINNESOTA 55 ·______~._n ______ .----".-----,--. --. COUNTY OF CARVER 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 Chanhas5en, Minnesota, this 19th day of December , 1934 ..... ..>..>.<}r~1 .......~ r A ~I, 11'(/~,r!fj ,",,' . -4 '~ .-~....~ ....;~, ¡. ~#.... If """"... . <þ " r , - . '4}'·. 11'. ;' <:)' - ~.. t"'S- 'l>_ fOS·.trV\ \ z~ . '. po,1.-- f ~ :;.- ~ . .' ....i"!; ; ... ~.".. ~~ '. /~ c:)..;- ~...v· ....//.,.Jf-<J...r- ,"i. ~'>1'",::~;::::·,:·:····1{/ "'~J"H~\-"-""\.' ~ 1~ YOUR VOICE TO PROTECT AND ENHANCE MiNNESOTÂS LAKES AND RiVERS MARCHI APRIL, 2001 VOLUME 5, NO.2 THE IMPACTS OF MOTORIZED WATERCRAFT ON THE LAKE ENVIRONMENT Leisurely boating around the lake on a warm summer afternoon, crutsing after supper to watch the sunset over the lake, fishing in the quiet of the early morning, or watching the grandchildren's delight in being pulled around the lake on a water tube or sklis 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, questions arise about the potential Impacts these boats have on the lake envlrorunent. 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 boats affect our lakes? The rest of this arti- de attempts to answer the question through a swnmary 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 Increased numbers of motorized bOats' in· Mil1flesota According to boat statistics provided by Kim EIverum, boating coordinator, Mlrmesota Department of Natural Resources, .c..IDg, a 28 e t increase In registerect motorboats, and boats are lårger In size. Thêreis also asignifleant 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 vartety 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 resuspenslon, 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 clartty. 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 coltmm. 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 boat's 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 turbtdlty 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- mIIfoll from one lake to another. Aquatic plants perfonn many important ecosystem functions, includ- ing habitat for fish, wlldilfe, 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 malntaln water clarity, and are food for many organisms. Shoreline erosion Boat wakes create waves that can lead to shoreline erosion, espectally 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 certain fish species, such as carp, and pollution from exhaust Of spills may be toxtc to some fish. Boating can also disturb fish 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 mnnbers, 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 M*xized \ftA~ ...aftw QrIIin.ø:l fianPage 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. leaytng the eggs or young vulnerable to predators. Indirect effects rtlay 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 nmnber 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 observat,lons all Indicate that the most Important area of a lake to protect Is the shallow water. near- shore habitat known as the littoral wne. Boats that operate in deep waters with large surface areas are not likely to be impacting the aquatic ecosystem. There are still a number of unknowns regarding motorboat ~-""~ ~ ~ - - t~~z;c~'~ . ~A';«""~ ; ~ <", ~___¢- _~.,,,...g -pr,,~~"~.r.:.'fu--~"":.-'::'.... RETURN TO PAGE 1 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 stUl 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 tnfluence 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 exhtbited in shallow-water, near-shore areas, protecting these areas with no- wake zonèS would be the most effective way of reducing impacts. No-wake wnes 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 wne 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 stfil disturb plants, sediments. and wildlife at no-wake speeds. To adequately protect waterbird feeding and nesting areas, a "buffer zone" of at least 300 feet has been suggested, in which all hmnan 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 wnes 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. Au two- stroke engine manufacturers, includlng 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 ínfonnatíon, see the full report at http://www.dnr.state.wi.uslorg! waterlfl1p/papersIJakes.pdf . Mecha.nisms ot' IfuP~ct. w_ Clarity (turblly. nulrion'" aIgoo) w_ Quality (_ bydrowbons, other poIlu...,,) SIIorefine - I~ III (ptul rommunllles) - _Ie {b!r&, ........10. ~, hriIos} IbnaI'I ~ (air quaIIIy, ,-..... qu.... safety. aowdiod Noise Mavemenl Shaded areas indicate where "mechanisms" have an "effect." Page 7 z « ~ 0- Ct:: w ~ V'> « ~ ~ z UJ ~ 0- o ~ w > w o > z o ¡::: u w V'> I I \. 8 ~ .II c UI Jj .- ¡.... ~ ~ g ú:5;: ']~ 5 c ~ 'i «,jJ ~ ... ~1 .~ ø.. Q.j;> t :t: L~ ~ ~; ~ ~ !I in Q::; 1:: ~..B j z ~ B .-< i ~i ~ ~ ~ '" ~ ~ J! ~ '---. ~ I. ~i I!. ¡šø.. o . i' ~ ~~ .j JI ~~ ~j= 11 UI ~.~ ~ fl. § -a.... ~-:5 J1:~-< ,,~ ¡ž!¡¡'].IIl g....o I~~ 5d) d .... ..-... E ~ · ....¡ . ,a. c CJ g ~ ~;¡. . ...., .'M H a'S H 0; ¡....> w_ o~«; é .0.0 ~ ì:J ~ QJ U C ~ C QJ "- o ..c u ]1 V\ .... 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CY) u) ~ 51 <+:: .s ~ o -C '" ~ 1'\1 ~ 1'\1 -~ "ci c: () u c: 'õ..'~ =;ij ~ ~~ <1.>::::: ~ -~ <iJ -C 'ò'.os c: 0 ~~~ -0.8", () 0 -0 a"" 'S; ._ ~ eta~ a.. V) -(ij °ö~ ~¡g~ .~ a.2 ()U ..... c: () ::J .!:2-e.g c.o ~ .~ .s 0 s a.......-o §oac: 06.J~ C\:I '" -c ?:- -s _~ ~ ~' s o ._ '" a.....(J E-Où () ~ :ë: .... 1'\1 () ~a..> I Z « ¡¡: 0: ... t; « ::! ::.: 0: « a. :;{ Z C ë ... 0: « l- I tJ' « 3 ... z z .~ J..L ::.: « OLJ-3f CITY OF CHANHASSEN AFFIDA VIT 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 thisótf'" day Of~, 2005. ~~-r~~ Notary I KIM T. 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E-$ 'E ~ ~ B~a.~~!~~B~~~u~~g~UJg.5~ffi£ o~EE;!:~~~oo-x_c:",øuu~-uø ã: cñ 8 ~.5 ~ -ê -g a. ~ ~~ ~ 15 ~.5 ~ g -~ æ C; 5_~ ~·5 we., e ~g.~ ~~.Q'g C\J.f2:§"U ~ ~É :5 g-Q .~:~.~ g>~ ~ ~ 8.'~:~ ~ 5 g; ~ æ:ê 8 ~ ~ ~:ê ø~g~g:~~!EEO-~~g~.~~~~8~ ~.QNm~(ljøwø8E>'c·__~cw·~O~E ~~æ~~w~££@8B~~~ø<æ~Ææ~ õ.. ... lisclaimer his map is neither alegally 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 only. The City does not warrant that the Geographic Information System (GIS) Data used I prepare this map are error free, and the City does not represent that the GIS Data can be used " 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 shali not e 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 use~s access or use of data provided. )isclaimer "his map is neither a legally recorded map nor a survey and is not intended to be used as one. l1is 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 relerence 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 )r navigational, tracking or any other purpose requiring exacting measurement of distance or irection or precision in the depiction 01 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 e 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, ~s employees or agents, or third arties which arise out of the use~s access or use of data provided. Public Hearing Notification Area (Riparian + 500 Feet) Lake Minnewashta Regional Park Amendment to Conditional Use Permit No. 75-2 City of Chanhassen Planning Case No. 04-37 1 Coach Court 2 Coach lane ;¡ 8~~ b~ace 5 Village Street 6 Village Place 7 Century Circle 8 ArbOretum Village ABRAHAM & DOROTHY ABBARIAO ESTATE OF HARRY/LOUISE AHRENS THOMAS & MARY ALLEN BURG 3750 ARBORETUM BLVD C/O JERRY TESCHENDORF PO BOX 26 14010 CENTER DR W 6621 MINNEWASHTA PKY CHANHASSEN MN 55317 LAKEWOOD CO 80228 EXCELSIOR MN 55331 MARK E AMBROSEN & DOUGLAS B & JAMIE ANDERSON HAZEL P ANDERSON & ANN C SENN 3607 RED CEDAR POINT RD DARYL D ANDERSON 3830 MAPLE SHORES DR EXCELSIOR MN 55331 2851 WASHTA BAY RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 LEE ANDERSON LEE R ANDERSON MICHAEL DEAN ANDERSON PLEASANT ACRES HOME OWNERS TRUSTEE OF TRUST 6651 MINNEWASHTA PKY 6651 MINNEWASHTA PKY 7140 HAZELTINE BLVD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHARLES F & VICKI LANDING MARIANNE I & RICHARD BANDING RICHARD B & MARIANNE F ANDING TRUSTEES OF TRUST 6601 MINNEWASHTA PKY 3715 SOUTH CEDAR 3715 SOUTH CEDAR EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 HENRY & DOLORES A ARNESON MARY JO ANDING BANGASSER DOUGLAS J & CAROLYN A TRUSTEES OF TRUST 8321 VIEW LN BARINSKY 13791 TONBRIDGE CT EDEN PRAIRIE MN 55347 3719 SOUTH CEDAR BONITA SPRINGS FL 34135 EXCELSIOR MN 55331 DEAN J & JILL R BARTA JOHN P BAUMTROG & EVELYN Y BEGLEY 3837 RED CEDAR POINT RD ILENE M LEISTER 3701 SOUTH CEDAR 3738 HICKORY AD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 DOUGLAS M & JODI B BERG 3471 SHORE DR EXCELSIOR MN 55331 RICHARD A & JUDITH F BERLAND 6900 MINNEWASHTA PKY EXCELSIOR MN 55331 MARTIN & JANET L BEUKHOF 3451 SHORE DR EXCELSIOR MN 55331 JAMES R & SHERYL A BJORK 3900 LONE CEDAR CIR CHASKA MN 55318 GREGORY BOHRER 3706 HICKORY RD EXCELSIOR MN 55331 FRANCES T BORCHART 7331 MINNEWASHTA PKY EXCELSIOR MN 55331 BOYER BUILDING CORP 3435 CO RD 101 MINNETONKA MN 55345 BOYER LK MINNEWASHTA HOMEOWNER C/O BOYER BUILDING CORP 3435 CO RD 101 MINNETONKA MN 55345 JAMES & RUTH A BOYLAN 6760 MINNEWASHTA PKY EXCELSIOR MN 55331 PETER T & DEANNA 0 BRANDT 7570 DOGWOOD RD EXCELSIOR MN 55331 WILLIAM C & JUDITH L BRITT 6460 TANAGERS PT EXCELSIOR MN 55331 SCOTT A BROIN & SHARON L PAULSON 3840 LONE CEDAR CIR CHASKA MN 55318 ROBERT E BRUERS 7054 RED CEDAR CV EXCELSIOR MN 55331 RONALD G & LYNN B CONROY 3411 SHORE DR EXCELSIOR MN 55331 GREGORY & JOAN DATTILO 7201 JUNIPER AVE EXCELSIOR MN 55331 KENNETH C DURR 4830 WESTGATE RD HOPKINS MN 55345 SUSAN I FIEDLER 3121 DARTMOUTH DR EXCELSIOR MN 55331 RICHARD E & NANCY J FRIEDMAN 3601 RED CEDAR POINT RD EXCELSIOR MN 55331 DIANA GEER 7085 RED CEDAR CV EXCELSIOR MN 55331 GETSCH CORP CIO JOHN GETSCH 5404 GLENGARRY PKY EDINA MN 55436 STEPHEN M GUNTHER & HELEN KATZ-GUNTHER 3628 HICKORY RD EXCELSIOR MN 55331 MICHAEL A SR & TONI L HALLEEN MICHAEL JR & STEPHANIE HALLEEN 3351 SHORE DR EXCELSIOR MN 55331 RODNEY & GINGER B CLARKSON 3894 LONE CEDAR CIR CHASKA MN 55318 GETSCH CORP CIO DANIEL GETSCH 1069 DORLAND RD S MAPLEWOOD MN 55119 ALAN H & KAREN L DIRKS 7431 DOGWOOD EXCELSIOR MN 55331 STEVEN D & JUDY LEMMINGS 6350 GREENBRIAR EXCELSIOR MN 55331 JOHN & JOYCE FOLEY CIO RICHARD J FOLEY ·4804 DUNBERRY LN MINNEAPOLIS MN 55435 ALYCE FULLER 7075 RED CEDAR CV EXCELSIOR MN 55331 JEAN G 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 ANNALEE MARIE HANSON TRUSTEE OF TRUST 6400 GREENBRIAR EXCELSIOR MN 55331 WILLIAM P & MARGARET COLDWELL 3501 SHORE DR EXCELSIOR MN 55331 JEROME E COVE NY 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 CIO MARJORIE GETSCH 7530 DOGWOOD RD EXCELSIOR MN 55331 JAMES 0 JR & CHRISTAN GINTHER 3611 IRONWOOD RD EXCELSIOR MN 55331 WAYNE S HAGEN 3421 SHORE DR EXCELSIOR MN 55331 RICHARD A & DARLENE J HANSON 7750 CRIMSON BAY RD CHASKA MN 55318 STEVEN P & LAURIE A HANSON 225 CAMPBELL DR HOPKINS MN 55343 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 L MARTIN & DONNA R JONES TRUSTEES OF TRUSTS 7321 DOGWOOD EXCELSIOR MN 55331 JONATHAN 0 & KRISTI K HARRIS 3241 DARTMOUTH DR EXCELSIOR MN 55331 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 ROBERT M & PATRICIA A JOSEPH 6701 MINNEWASHTA PKY EXCELSIOR MN 55331 WILLIAM R HAUGH 3727 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 MN55318 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 JOSEPH H & GEORGIA G KANDIKO 3870 MAPLE SHORES DR EXCELSIOR MN 55331 JEFFREY W & TERESA P KERTSON 6810 MINNEWASHTA PKY EXCELSIOR MN 55331 MARIA P KNIGHT LAAG NIEUWKOOP 28 3628 GC KOCKENGEN JEAN D LARSON 3609 RED CEDAR POINT RD EXCELSIOR MN 55331 JAMES F & DOLORES LlPE 3880 LONE CEDAR LN CHASKA MN 55318 THOMAS R & KAREN C LONDO 3764 LANDINGS DR EXCELSIOR MN 55331 JESSICA BELLE LYMAN 3603 RED CEDAR POINT RD EXCELSIOR MN 55331 STEPHEN C & KAREN A MARTIN 3211 DARTMOUTH DR EXCELSIOR MN 55331 THOMAS JOSEPH MERZ 3201 DARTMOUTH DR EXCELSIOR MN 55331 MINNEWASHTA SHORES INC C/O PATRICIA CRANE 6341 CYPRESS DR EXCELSIOR MN 55331 BENNETT J & SHARON M MORGAN 3920 WHITE OAK LN EXCELSIOR MN 55331 STEVEN E & MARSHA E KEUSEMAN 3622 RED CEDAR POINT RD EXCELSIOR MN 55331 ROBERT F & SANDRA K LAPRADE 6470 TANAGERS PT EXCELSIOR MN 55331 WILMER & MARILYN LARSON 7380 MINNEWASHTA PKY EXCELSIOR MN 55331 DOUGLAS D LIVINGSTON 3331 SHORE DR EXCELSIOR MN 55331 CHRISTINE J LUDTKE 6480 TANAGERS PT EXCELSIOR MN 55331 THOMAS E LYONS 2931 WASHTA BAY RD EXCELSIOR MN 55331 WILLIAM & JEAN M MCDANIEL 3341 SHORE DR EXCELSIOR MN 55331 MINNEWASHTA CREEK HOMEOWNERS C/O NANCY NARR 3950 LINDEN CIR EXCELSIOR MN 55331 PAUL M & MARJORIE A MODELL 3441 SHORE DR EXCELSIOR MN 55331 MICHAEL & SUSAN L MORGAN 3734 HICKORY RD EXCELSIOR MN 55331 JOANNE T KIMBLE & MELVIN A KIMBLE 7058 RED CEDAR CV EXCELSIOR MN 55331 FRITZ WILMER LARSON & MARILYN E LARSON 7380 MINNEWASHTA PKY EXCELSIOR MN 55331 DONALD D & COLLEEN KLINKE 7301 MINNEWASHTA PKY EXCELSIOR MN 55331 DEBORAH S LOCKHART & DIANE LEESON ANDING 3618 RED CEDAR POINT RD EXCELSIOR MN 55331 RICHARD C LUNDELL 7341 DOGWOOD EXCELSIOR MN 55331 JOHN D & SARAH H MANEY 7078 RED CEDAR CV EXCELSIOR MN 55331 JOHN B MCKELLlP 21020 RADISSON RD EXCELSIOR MN 55331 MINNEW ASHT A HEIGHTS ASSN C/O JOHN WARREN, TREAS 6340 ELM TREE AVE EXCELSIOR MN 55331 JAMES & PATRICIA A MOORE 3630 HICKORY RD EXCELSIOR MN 55331 WILLARD E MORTON 7024 RED CEDAR CV EXCELSIOR MN 55331 MPLS COUNCIL OF CAMPFIRE GIRLS 640 GRANT ST E 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 MINNEW ASHT A PKY EXCELSIOR MN 55331 OLlVEWOOD HOMEOWNERS ASSN C/O BRIAN FALK 6475 TANAGERS PT EXCELSIOR MN 55331 KRISTEN L ORTLlP 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 QUAI D'ANJOU LLC 4510 WEST LAKERIDGE DENVER CO 80219 GARY A & KATHLEEN A MUSGJERD 6420 TANAGERS PT 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 55112 DAVID & ADELAIDE PRILLAMAN 7064 RED CEDAR CV EXCELSIOR MN 55331 JANET M QUIST ET AL 7331 DOGWOOD EXCELSIOR MN 55331 WILLIAM 0 & STEPHANIE NAEGELE 3301 SHORE DR EXCELSIOR MN 55331 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 LOT 103 PHOENIX AZ 85024 LUMIR CPROSHEK 3613 RED CEDAR POINT RD EXCELSIOR MN 55331 JOAN E RASK C/O JANET CARLSON 1884 PHALEN PL MAPLEWOOD MN 55109 RED CEDAR COVE TOWNHOUSE PO BOX 181 EXCELSIOR MN 55331 JAMES P & SUSAN S ROSS 3725 SOUTH CEDAR EXCELSIOR MN 55331 EDWIN L & LIVIA SEIM TRUSTEES OF SEIM FAMILY TRUST 292 CHARLES DR 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 AARON J & ADRIENNE F THOMPSON 3711 SOUTH CEDAR EXCELSIOR MN 55331 GARY A & JANET K VIERLING 7099 RED CEDAR CV EXCELSIOR MN 55331 CHARL Y A WEBBER 3850 LONE CEDAR CIR CHASKA MN 55318 ANTHONY C & JODI L WEINZETL 3688 LANDINGS DR EXCELSIOR MN 55331 PATRICIA L RICHARDSON 7095 RED CEDAR CV EXCELSIOR MN 55331 ROBERT E & JUDY 0 ROYER 7074 RED CEDAR CV EXCELSIOR MN 55331 COY 0 & SANDRA S SHELBY 7068 RED CEDAR CV 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 TROLLS-GLEN HOMEOWNERS ASSN C/O B F SCHNEIDER, TREASURER PO BOX 103 CHANHASSEN MN 55317 JAMES L & CONNIE A VOLLlNG 3700 LANDINGS DR EXCELSIOR MN 55331 JOHN L & LORI A WEBER 3220 DARTMOUTH DR EXCELSIOR MN 55331 BRUCE 0 & KARLA J WICKSTROM 3716 LANDINGS DR EXCELSIOR MN 55331 STACEY R & MICHELLE R RICKERT 6440 TANAGERS PT 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 SCOTT A VERGIN 7311 DOGWOOD EXCELSIOR MN 55331 JAMES A & JEAN WAY 6641 MINNEWASHTA PKY EXCELSIOR MN 55331 CHRIS & KRISTINE WEDES 3716 HICKORY RD EXCELSIOR MN 55331 ROBERT D & JOY D WILSON TRUSTEES OF WILSON FAM TRUST 7048 RED CEDAR CV EXCELSIOR MN 55331 ICHARD & STEPHANIE F WING 81 SHORE DR XCELSIOR MN 55331 DAM E & DARCY R WORLEY 920 HAWTHORNE CIR XCELSIOR MN 55331 BARBARA DIANE WINTHEISER 3321 SHORE DR EXCELSIOR MN 55331 LANE L & RENEA M WOODLAND 7034 RED CEDAR CV EXCELSIOR MN 55331 THOMAS E & LORI K WRIGHT 3607 IRONWOOD RD EXCELSIOR MN 55331 RICHARD L & ANN M ZWEIG 3601 IRONWOOD RD EXCELSIOR MN 55331 / ROBERT L ALFORD 6355 MINNEWASHTA WOODS DR EXCELSIOR MN 55331 RICHARD E & SUSAN K ATWOOD 2701 PIPER RIDGE LN EXCELSIOR MN 55331 RICHARD D BLISS & GAIL ANN PRATT 6400 MELODY LN EXCELSIOR MN 55331 THOMAS F & NANCY ty1 BRUCH 6347 MINNEW ASHT ~ WOODS DR EXCELSIOR MN 55331 PING CHUNG & ANH TRAN 7000 HIGHOVER DR CHANHASSEN MN 55317 MICHELLE M CURTIS 2446 64TH ST W EXCELSIOR MN 55331 LAWRENCE M & ABIGAIL DUMOULIN 6966 HIGHOVER DR CHANHASSEN MN 55317 BRIAN 0 & TRICIA J FALK 6475 TANAGERS PT EXCELSIOR MN 55331 ANTHONY LEE FREEMAN 6786 HIGHOVER DR CHANHASSEN MN 55317 MICHAEL W & SUSAN L GILBERT 7100 CHES MAR DR EXCELSIOR MN 55331 JEFFREY MARK ANDERSON 6840 HAZELTINE BLVD EXCELSIOR MN 55331 MARY A BENTLEY 6810 HIGHOVER DR CHANHASSEN MN 55317 DAVID C & STACY L BRAY 2751 SANDPIPER TRL EXCELSIOR MN 55331 E JEROME CARLSON & JULIANA MARY CARLSON 6950 GALPIN BLVD EXCELSIOR MN 55331 DENNIS M & JOAN E CLARK 6651 HAZELTINE BLVD EXCELSIOR MN 55331 DAVID H DAMMAN & LAUREN LIPPMAN-DAMMAN 6934 HIGHOVER DR CHANHASSEN MN 55317 GERALDINE EIKAAS 2763 CHES MAR FARM RD EXCELSIOR MN 55331 MICHAEL L & SUSAN FAULK 2791 PIPER RIDGE LN EXCELSIOR MN 55331 BARRY G & JENNIFER J FRIENDS 2735 CHES MAR FARM RD EXCELSIOR MN 55331 BENJAMIN & H GOWEN 6440 HAZELTINE BLVD EXCELSIOR MN 55331 MICHAEL DEAN ANDERSON 7140 HAZELTINE BLVD EXCELSIOR MN 55331 PAUL S & SUSAN M BLASKE 6856 HIGHOVER DR CHANHASSEN MN 55317 LEE S & RHONDA L BROADSTON 6918 HIGHOVER DR CHANHASSEN MN 55317 JOHN T & ANNE C CARTER 6390 MELODY LN EXCELSIOR MN 55331 ROBERT E & JUDITH B CLARKE 6821 HIGHOVER DR CHANHASSEN MN 55317 JOHN & RENA DRAGSETH 2600 FOREST AVE EXCELSIOR MN 55331 DANIEL P ENBLOM & PAMELA M GRIFFITH-ENBLOM 7010 CHES MAR DR EXCELSIOR MN 55331 THOMAS E FISHER 6349 MINNEWASHTA WOODS DR EXCELSIOR MN 55331 DAVID E & KATHLEEN K FULKERSON 6900 HIGHOVER DR CHANHASSEN MN 55317 GERMAINE E GRANT TRUSTEE OF TRUST 2782 PIPER RIDGE LN EXCELSIOR MN 55331 WILLIAM J JR & TERESA A GREER 2771 PIPER RIDGE LN EXCELSIOR MN 55331 DARRELL W & JUDY E HINKLlN 6345 MINNEW ASHT A 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 KEVIN & IVY PETTIS 2742 PIPER RIDGE LN EXCELSIOR MN 55331 WILLIAM 0 & MARY 0 HAWORTH 6818 HIGHOVER DR CHANHASSEN MN 55317 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 PAUL R & CAROLlNDA PRENEVOST 6351 MINNEWASHTA WOODS EXCELSIOR MN 55331 RANDOLPH H & KELLY A HERMAN 2792 PIPER RIDGE LN EXCELSIOR MN 55331 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 OLlVEWOOD HOMEOWNERS ASSN C/O BRIAN FALK 6475 TANAGERS PT EXCELSIOR MN 55331 PAINTING PERFECTION L TO 13875 FENWAY BLVD N SUITE 300 HUGO MN 55038. WAYNE PETERSON & KELLY WATSON 2444 64TH ST W EXCELSIOR MN 55331 GARY G & JANET REED 2461 64TH ST W EXCELSIOR MN 55331 CHARLES ROSENBERGER 11/ & CLAIRE ROSENBERGER 2772 PIPER RIDGE LN 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 WALTER A & MELBA D WHITEHILL 7250 HAZELTINE BLVD EXCELSIOR MN 55331 GREGORY L & NANCY L SCHMIDT 2700 CHES MAR FARM RD EXCELSIOR MN 55331 TRAVIS D & NATALIE A SPRAGUE 6888 HIGHOVER DR CHANHASSEN MN 55317 JAMES & CANDACE STORM 20 2ND ST NE APT 2703 55413 JAMES G WAYNE JR 7200 HAZELTINE BLVD EXCELSIOR MN 55331 PAUL R & ROXANNE J YOUNGQUIST 71 05 HAZELTINE BLVD EXCELSIOR MN 55331 WILLIAM M & SANDRA B SHAVER 2458 HIGHOVER TRL CHANHASSEN MN 55317 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 WILLIAM M ZIEGLER 6441 ORIOLE AVE EXCELSIOR MN 55331 ?z ~ .z ...: £ w ... O~ ..... ""'" () <i O::E Q a:: Q 10 W U) Q.. W « <.!)~ (f)(/) ZO 0 ~ rt):I: ~ Q.. ~ r<\ t')Q.. Z -<i -<i a.. oc:{ Q.w ~ffi c:{ f-f- Q.~ 00 ::E wO «~ () a:: I- 0 zen :E ~ u...o ~ .,¡ :J: ZW ~ ¡...: WQ.. ..J II) (f) 0 « -z c <i ~z 0 ~.J 'w () 0:::> a <i a:: - :::>0 (f)_ w::E a:: <ia:: W I<.!> .q. ~w ::,<{ ~ <i ~ () ,0 Q.. « « ~ <i ..J ~o ~ a:: «0 (f) :E~ 0 0 :J: I- CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES February 1, 2005 Chairman Sacchet called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Vli Sacchet, Rich Slagle, Kurt Papke, Steve Lillehaug, Dan Keefe, Debra Larson and Jerry McDonald STAFF PRESENT: Sharmeen AI-Jaff, Senior Planner; Josh Metzer, Planner I; Lori Haak, Water Resource Coordinator; and Don Asleson, Natural Resources Technician OATH OF OFFICE. Chairman Sacchet administered the Oath of Office to Debra Larson. PUBLIC HEARING: REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT NO. 75-2 TO ELIMINATE THE HORSEPOWER RESTRICTION AT BOAT ACCESS #1 LOCATED IN LAKE MINNEW ASHTA REGIONAL PARK. APPLICANT CARVER COUNTY PARKS. PLANNING CASE #04-37. Public Present: Name Address James Johnson Scott A. Smith Martin Walsh Kurt Papke Hud Hollenback Arnold W. Hed Karen & Gary Peterson Judy Berland B.J. Greer Dean Barta 2762 Piper Ridge Lane, Excelsior Carver County PW Engineer Carver County Park 1131 Homestead Lane 6330 Elm Tree, Excelsior 3860 Lone Cedar Lane, Chaska 3632 Hickory Lane 6900 Minnewashta Parkway 2771 Piper Ridge Lane, Excelsior 3637 Red Cedar Point Road Commissioner Papke excused himself from the commission due to a personal conflict of interest. Josh Metzer presented the staff report on this item. Chairman Sacchet asked for clarification to the findings in the staff report. Marty Walsh with Carver County Parks, speaking on behalf of the applicant stated the rationale for raising the amount of horsepower allowed for boats being launched at Minnewashta Regional Park. Commissioner McDonald asked the applicant to elaborate on why the 10 horsepower limit was established originally and clarification on possible dredging. Commissioner Slagle asked about signage for the no wake zone. Commissioner Larson questioned closing down Access #2 and the number of boats using Little Minne boat access. Marty Walsh reviewed the master plan update that was done in 2000 for Lake Minnewashta Regional Park. Chairman Sacchet asked the applicant to elaborate on enforcement of the current and proposed regulations. The public hearing was opened. Arne Hed, 3860 Lone Cedar Lane who was the Chairman of the lake study commission at the time this double access was developed, provided some historical information on the decisions that were made. Chairman Sacchet clarified Mr. Hed's position that he was not in favor of raising the horsepower limit. Hud Hollenback, 6330 Elm Tree, who has lived in Minnewashta Heights since 1971 provided additional Planning Commission Summary - February 1,2005 historical information on Lake Minnewashta Regional Park. His opinion is that bigger motors should not be allowed in Little Minne. All boats should be launched at the other boat launch on the main lake. Gary Peterson lives on Hickory Lane on top of the hill on Red Cedar Point. The property he lives on has been in his family since 1922. He stated this is the only public access onto Lake Minnewashta, and access #1 is too shallow to launch some types of boats. He is in favor of increasing the horsepower and keeping Little Minne as a no wake zone. James Johnson who lives on Minnewashta Bay stated he would strongly oppose lifting the boat motor restriction to over 10 horsepower. Dean Barta, 3637 Red Cedar Point Road stated his fundamental question is, how much more traffic can you allow on a lake that is pretty over crowded already on any given summer day and concern over the environmental impact to Little Minne. Kurt Papke, 1131 Homestead Lane in Chanhassen spoke as the current Chair of the Carver County Park Commission. He elaborated on the issues of enforcement and that there's a set of cascading dependencies that come out of this decision. He reviewed the master plan that was established for this park. Marty Walsh reiterated that the Carver County Park Commission did study this issue extensively in making their recommendation. Dean Barta spoke again representing a newly formed Minnewashta Homeowners Lake Association which consists of a new generation of lake owners and the movement towards making sure Lake Minnewashta is as clean and as good 20 years from now as it is today. He asked if the launch area on the big lake could be dredged to make it deeper and used as the primary launch site. Hud Hollenback spoke again that he did not feel people would obey the no wake zone. BJ. Greer, 2771 Piper Ridge Lane having spent a lot of time on Little Minne kayaking and canoeing says that the no wake rules have been breached quite often. He expressed concern with closing that second boat launch and funneling everything back through that pristine area. He suggested finding a third launch or fixing the first boat launch. Chairman Sacchet closed the public hearing. After commission comments, the following motion was made. Lillehaug moved, McDonald seconded that 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 Little Minne Bay channel. All voted in favor, except Sacchet and Slagle who opposed, and the motion carried with a vote of 5 to 2. (Kurt Papke did not vote due to a conflict of interest.) PUBLIC HEARING: REQUEST FOR WETLAND ALTERATION PERMIT TO FILL.11 ACRES OF TYPE 3 AND .01 ACRES OF TYPE 2 WETLAND FOR ROAD IMPROVEMENT OF TURN LANES AND SIGNAL CONSTRUCTION LOCATED AT THE TH 101 AND CSAH 14 (PIONEER TRAIL) INTERSECTION. APPLICANT CARVER COUNTY PUBLIC WORKS. PLANNING CASE NO. 05-07. Lori Haak presented the staff report on this item. Commissioner Slagle asked staff to explain why the mitigation will not be happening in the city and to clarify banking of wetland credits. Commissioner Papke asked for clarification on the grade change to the side slopes or shoulder on the north side of Pioneer Trail. Commissioner McDonald asked staff to clarify the statement that this is being done for safety reasons because of the traffic and volume at that intersection, clarification with the location of this intersection in relation to the new Highway 212 and future zoning. Scott Smith, Highway Design Engineer with Carver County stated he was more involved with the application for BWSR and with the City itself than the actual design which is being done by MoDot and their transportation department. Chairman Sacchet opened the public hearing. No one spoke and the public hearing was closed. After commission discussion, the following motion was made. 2 CHANHASSEN PLANNING COMMISSION REGULAR MEETING February 1, 2005 Chairman Sacchet called the meeting to order at 7:00 p.m. MEMBERS PRESENT: VIi Sacchet, Rich Slagle, Kurt Papke, Steve Lillehaug, Dan Keefe, Debra Larson and Jerry McDonald STAFF PRESENT: Sharmeen AI-Jaff, Senior Planner; Josh Metzer, Planner I; Lori Haak, Water Resource Coordinator; and Don Asleson, Natural Resources Technician OATH OF OFFICE. Chairman Sacchet administered the Oath of Office to Debra Larson. PUBLIC HEARING: REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT NO. 75-2 TO ELIMINATE THE HORSEPOWER RESTRICTION AT BOAT ACCESS #1 LOCATED IN LAKE MINNEWASHTA REGIONAL PARK. APPLICANT CARVER COUNTY PARKS. PLANNING CASE #04-37. Public Present: Name Address James Johnson Scott A. Smith Martin Walsh Kurt Papke Hud Hollenback Arnold W. Hed Karen & Gary Peterson Judy Berland B.J. Greer Dean Barta 2762 Piper Ridge Lane, Excelsior Carver County PW Engineer Carver County Park 1131 Homestead Lane 6330 Elm Tree, Excelsior 3860 Lone Cedar Lane, Chaska 3632 Hickory Lane 6900 Minnewashta Parkway 2771 Piper Ridge Lane, Excelsior 3637 Red Cedar Point Road Commissioner Papke excused himself from the commission due to a personal conflict of interest. Josh Metzer presented the staff report on this item. Sacchet: Why don't we start on this side. Do you have any questions? Jerry. McDonald: At this time I have no questions. Sacchet: Dan? Keefe: No. Sacchet: No questions? Larson: No. Planning Commission Meeting - February 1, 2005 Sacchet: I do have a few questions. Real quick. Now staff report on page 4 states that staff agrees with slow wake zone surface wake surface zoning since it's considered, no that's not the one. Hang on. It says that Minne Bay is considered environmentally sensitive. Right? So it's your opinion that by having the no wake zone that's sufficiently accommodated? Metzer: Well basically we're basing our opinion off of what the DNR has told us. Speaking with 4 different members, none have any issues. The only one really making any statements other than no comment, or no issues with it was Daryl Ellison, Fisheries Supervisor. Just stated that there's some vegetation in little Minne and he also noted that it's good bass habitat but he stated that the no wake restrictions are sufficient for that. Sacchet: Are sufficient. Because I looked at the findings and it says while it will not be detrimental or damaged to safety comfort, general welfare, it will not be hazardous or disturbing to the environment. It will not result in any destruction or damage of natural, scenic or historic features. It will be aesthetically compatible, and I was just wondering, I mean if we have this really sensitive environmental piece there, why would we want to have bigger motors on it? AI-J aff: If you have the no wake, that basically will mitigate any or at least lessen environmental impacts. Sacchet: Lessen, okay. Alright. Any word from our environmental people over there? Haak: I can certainly speak to that. I guess my comment would be limited to the facts that the planners have already stated which is really the slow no wake ordinance is going to be quite effective and possibly even more enforceable in Little Minne Bay. If that's something that let's say, I've seen other lake associations maybe pay a little bit to Carver County for additional patrols or things like that. If the County is aware that that is in existence and potentially you know that's just really a communication bridge that has to be gapped, or to span in order to make sure that the enforcement on that is adequate. Sacchet: Now help me out. It's already no wake. Haak: Correct. Sacchet: Right, so that is not, would not be a new thing. Haak: Right. The argument presently. Sacchet: We're trusting that the people with the big motors will respect it too at this point, is what it boils down to. Haak: From what I understand, which is really what we're trusting them to do right now is police themselves with the 10 horsepower limit. Sacchet: Because we're not really policing the size of the motor in the frrst place. Haak: And Carver County can speak a little bit more eloquently to that I believe because they actually manage that park entrance but it's my understanding that yes, it's difficult if not impossible to police that 10 horsepower limit already. Sacchet: Okay, thanks Lori. Haak: Yep. 2 Planning Commission Meeting - February 1,2005 Sacchet: Well unless there are any other more questions, which it seems there aren't, I would like to invite the applicant. Do we have an applicant here? To come forward. If you want to add to what staff presented. Marty Walsh: Sure, Mr. Chair. Thank you for the opportunity. Sacchet: Do you want to state your name. Marty Walsh: Yes, Marty Walsh with Carver County Parks and again, thank you for the opportunity to be before you here tonight. The issue with regards to horsepower restrictions at Lake Minnewashta Park is one of kind of convenience. I shouldn't say convenience but more of a customer service orientation if you will for the park. Folks when they come to the park area and they have a boat, they are looking for a place to park. Whether it's a 10 horsepower or more, they just want to park their boat. And they'll park and that's what they do at anyone of our park accesses until such point as we're full, and then we have them wait outside the park until we have an available spot for them. But with regards to the horsepower restriction, one of the flaws of the overall thought about restricting the horsepower limit just to the 10 boat stalls. It says nothing about the other boats that may come through the other access or property owners that are actually coming into Little Minne from another direction, so while it addresses what might be going out through the 10 horsepower, which if you take a look at the number of boats on the lake, that particular access makes probably about 5% or fewer of the boats that might be on the lake at anyone given time. To concentrate that sort of emphasis on just that access there is probably not the best way to do it and a no wake zone is much more again enforceable and that applies to everyone that's in that area, whether they come from inside the park or outside the park boundaries. So from our perspective it just gets, it's a bit redundant in terms of the enforcement that's needed for there, and frankly we can't enforce it. It's very difficult for us to do that. Again while we can count the numbers of boats that go into the site, we have a very difficult time in ascertaining what horsepower somebody has at any one given moment and once you get past the gatehouse, we don't know which boat access they went to. So trying to come up with a system to police that is tough, and it's probably very poor in terms of cost effectiveness and time would be better spent regulating water surface rules rather than trying to enforce a rule that applies essentially 10 boats that park at anyone time and not looking at the bigger picture if you will. The other 200 or 300 watercraft that might be in the area. So I guess I'd leave it at that and if there's more questions... Sacchet: Let's see if we have some questions for you. Any questions for the applicant? Jerry, go ahead. McDonald: I have a question. Well let me ask you, what was the original intent of the 10 horsepower? Was that to keep the wakes down and it was felt that the 10 horsepower would do that? Was that the purpose of it? Marty Walsh: Well I think there's some other folks here in the audience here that can probably address that because I know that they are part of that original committee. What I have on record is what the city has provided and my understanding of it was to provide what they felt was I think kind of more environmental sensitive approach to boats going out on the lake there but again, you're looking at the 10, small as it might be there, and anybody from anywhere else again whether it's the other public boat access or private property can access Little Minne with a large boat. There's nothing that prevents a larger boat from accessing Little Minne from another direction. McDonald: Well I guess the thing I'm trying to get at is, that with the no wake rule, does that in effect nullify a horsepower as long as you stay with no wake then what difference does it make? 3 Planning Commission Meeting - February 1, 2005 Marty Walsh: That's essentially what our belief is, is that that is a much more restrictive control because you could have somebody that has a 10 horsepower motor and be you know a little bit rutWess in how they're operating their watercraft, so the restriction of the no wake zone I think takes care of that issue. You could have a very small boat, essentially buzzing the shoreline within whatever, a few feet ofthe shore and causing much more environmental damage as to somebody that's essentially putt putting out until they get to the main body of water. McDonald: And then kind of a follow-up on that. One of the things that I read in here is that, it may require dredging of the, what the inlet. What's the purpose of that? Is that to accommodate the higher horsepower boats or is that just, it will have to be done anyway because of cycles? As I read in here that there are times when that channel kind of dries up anyway. Marty Walsh: Yeah, dredging is an issue. I don't know that we would plan for 50 or 100 year lack of water events, or drought events. That's something that I don't know that we would plan for that. The last time it was this low I think was around 35 and you may not want watercraft on that body of water when conditions are like that so I don't know that we'd want to plan for the 50 or 100 year event. Certainly it'd be a lot of infrastructure for something that would only get used you know periodically or sporadically at best. McDonald: Okay. And if it did come down to dredging, is that something that at that point is part of a license? You'll have to go back to the DNR? Marty Walsh: That would have your pennit activity and my understanding of that is, it begins with at least a conversation with the DNR but ultimately ends up over the Minnehaha Creek Watershed District. If it is an operation that's going to go forward, then I think the City of Chanhassen is ultimately needs to be a part of that particular operation. McDonald: Okay. That's all the questions I have. Sacchet: Okay. Any other questions? Go ahead. Slagle: I was going to wait but I will ask it now. If I can ask, on the boat launches, the two I believe that are public, is there signage that states the no wake zone? Marty Walsh: Within the Little Minne area, yes there is signage there but it's avoid area that says no wake zone. That carries it all the way out to the main body of water. Slagle: Okay. Okay. That's it. Larson: I have one. Sacchet: Debra, go ahead. Larson: Brief question. Currently there's two launches, and I was reading that eventually the other one they would like to close that and so then the Little Minne Bay would be the only one. Is that going to cause more boats, obviously it will cause more boats to use the other one. Would they typically use the Little Minne Bay one anyhow because of wind and other things that can adversely affect? Marty Walsh: You bring up a very good point, and the master plan is really kind of a different topic but we can go down this road here. Here back in 2000 it started with a master plan update for Lake Minnewashta Regional Park, and¡just a little bit how that works is Carver County is an implementing 4 Planning Commission Meeting - February 1, 2005 agency of the regional park system. Minnewashta if you will is like a state park within the metropolitan area. We receive funding from the Metropolitan Council for ongoing operations and maintenance and acquisition and development funds, and the County's role in that is to plan the park area. Here in 2000 we went through that plan and updated the master plan. There was a number of changes that were brought about for a public process. A number of public meetings. A number of either letters or agency meetings with the DNR, City of Chanhassen, Metropolitan Council and so forth. Ultimately that plan to the Metropolitan Council was approved. As part of that plan there is a boat access that would combine the two facilities maintaining the existing 35 stalls that have been approved as a part of the original CUP. And a reason why that was looked at is because it is kind of a duplication of facilities and in our master plan, one of the ways in which we can control or have better monitoring of that new boat launch facility is to provide a visitor center. Visitor contact station which would overlook that particular facility and provides us with greater control, whereas right now the problem is once you get past the gate house, we can't, we don't have that control. There were a number of factors and a great deal of debate about the merits of combining the boat accesses if you will. One was a duplication of facilities. Why do we have two? One was why are we bringing all this traffic further into the park? If you don't need to bring all that traffic into the park, why do that? Another aspect was with regards to the depth of water and the access at #1. The one that's currently 10 horsepower is deeper. Boats will more frequently use that, particularly during times of low water conditions. The other access, and I have an aerial photo here if you'd like. You can pull that up and you'll see the very nature of that and how shallow that is. The other problem with access #2 is that although we'd like to have a different design there, the access actually angles out almost parallel to the shoreline, so any sort of expansion or dredging in that kind of way is a more extensive project. It doesn't really go out at an 90° angle to the shoreline if you will. There is cat tails and so forth on the one side and then again it's very shallow on that edge of the shoreline. So in terms of where do we provide boat access into the future, those were a number of things that were discussed. How do we again minimize some of our infrastructure if you will in terms of boat accesses, and then ultimately that site is converted to a different use which we have a demand for which is new campmg. Larson: Okay, thank you. Sacchet: Any questions? A few questions. Right now is this actually posted to 10 horsepower? Marty Walsh: Yes it is. There's a sign at the entrance to the boating facility. Sacchet: That goes to show how close I look at it. Now you say it can't really be enforced. You haven't really done anything to enforce it much. I mean it's not draining your resources is it. Marty Walsh: With regards to enforcement, the sheriff's department comes to the park on a periodic basis to go through there and that's our enforcement control. We don't have park rangers. And when a boat is off the trailer it's pretty difficult for the enforcement officer to determine what the horsepower is, so you literally have to catch them either going in, or coming out to see what the horsepower is for the boat. Now you can make some assumptions on a trailer that has 2 wheels or tandem wheels, that it's bigger than 10 horse. But in terms of all practicality, in terms of what we get for law enforcement, their time is better spent, and this is from a, what I think is public perspective, looking at what's going on in terms of surface water use where you have folks that are not obeying what they should be in terms of surface water. Speed. Recklessness. Those sorts of things and other activities that are within the park rather than monitoring essentially the 10 horsepower limit while there's a no wake zone in place. Sacchet: So what do you envision can be done to monitor and enforce the no wake? I mean that's out on the water. If the sheriff drives in the parking lot, he never even sees it. 5 Planning Commission Meeting - February 1, 2005 Marty Walsh: Right. What continues to be, and we do have is lake patrol. And I would encourage, and we still work very closely with the sheriffs department to continue to monitor the lake use. We've had I would say reasonable service from them regarding lake activity so if there's been infringements, I know that they've been called and dispatched to the park in a hurry and they come flying through our gate and they're out in the water in a matter of minutes. Sacchet: Because you see what I'm struggling with is on one hand, I understand it's not really enforceable. It's more environmental than substantial, but on the other hand it is a gesture that helps protect that sensitive place. So, and obviously if I'm understanding correctly the rights of a boater, he can go anywhere on the surface so if they go in on the other side with the biggest boat, they can still go through Minne Bay. But to force them, that they have to go through there eventually, but that's not the topic tonight with the boat launch, but the restriction is like a discouraging element, which seems to be in line with the sensitivity of the Minne Bay. So I'm putting it in that context more than what's not enforceable. Why we've never really enforced it much but it still, it's a deterrent that is in line with the sensitivity of the natural environment there. Can you respond to that that type of view a little bit? Marty Walsh: You know again I would say that what the DNR has commented in terms ofthe no wake zone provides that protection. Sacchet: Okay. Yeah, okay. That's a good enough answer. Anything else you want to add? Marty Walsh: Again if there's a need for more comments or questions. Sacchet: We'll be certainly, welcome you up if you have more questions. Thank you. Now this is a public hearing. I'd like to invite anybody who would like to address this item to come forward. If you state your name and address for the record and let us know what you have to say to this item in front of us. Arne Hed: Hi Rich. My name is Arne Hed. I live at 3860 Lone Cedar Lane on Lake Minnewashta. And I've been a resident there 45 years and I was one of the, I was the Chairman of the lake study commission at the time that this double access was developed. Access was developed and it was one of the high points of my service to the community. We were able to be a win/win/win with, I talked to Mike Markel. I said you won't believe where I'm going tonight. Mike Markel was the DNR man and we were able to satisfy the residents of the lake that we didn't have to have, take the money to buy a new access. If you recall Leach's Resort was closed. It was a vacated alley. We found out that Hennepin County gave the money to Carver County to establish a park, a regional park. So we were using Hennepin County funds to build the roads and the lake access. And there's two accesses. One was for the people that are more, do I dare say sensitive. Idealistic. Have a love for the nature and environment. We were going to protect the spawning grounds for the bass and pan fish in Little Minnewashta. That was a goal and objective. We would have canoes, sailboats, kayaks and so forth that could be unloaded there. The speed boats would go to another place apart from Little Minnewashta, which has worked beautifully and at the time I was commissioner, head of the commission I got calls from Lotus, Lake Ann, Lake Susan, Lake Riley. People take their lakes seriously around here. In fact you take a look at Lake Minnewashta and if-you're familiar with Dakota Indian language, that means clean water and we damn better believe that we're going to keep that lake clean. I mean that is important to us. We paid a big price to live there. People are paying a bigger price today, but my wife says it's time we get out. The red squirrels are taking over. And they have 200 horsepower motors. We had our grandchildren over and my wife immediately called the Carver County shore patrol to get out and they did ticket our neighbors going 60, 70, 80 miles an hour around Red Cedar Point. They were ticketed and they will be ticketed again but we should consider having 10 miles per hour in 100 feet from the shoreline. At least 100 feet. The lake is very, the topography is so up and down. It's 130 feet deep just north of Red Cedar Point. 65 feet deep in 6 Planning Commission Meeting - February 1,2005 Minnewashta Bay. Now as a matter of history, Lake Minnewashta was 3 lakes in the 1930's and for some of the produce farmers around Chanhassen, it was a life saver because Red Cedar Point went all the way across to Camp Tanadoona. There was the big lake, little Minnewashta and Washta Bay. Those were 3 different lakes and you could launch in anyone of those 3 lakes. Later on there were 3 resorts on the lake, as you probably would know from your history. And again I repeat that it's clean water in Dakota language. It's clean water is what Minnewashta means. Minnetonka means big water. And of course you know what Chanhassen means. Sugar maple. And so we're an environmental city and I'm not, I didn't major in environmental science but my daughter Sonja did and got the largest scholarship ever given out of the Chaska High School for Environmental Science. Went to Lawrence University. In fact I would have liked to have her here tonight. She would fight for this community, as most people do. I was doing a project for Excelsior Chamber of Commerce. I said, where the regional park is now. I said that belongs to Excelsior as a trading area. I said if that's built correctly with a good developer, you'd probably have 2,000 to 3,000 people living in that area. To a person they all said, with every generation they said this is Excelsior. You're not going to force all these people into our community. They said we can live without that extra business. This was their Chamber of Commerce. And we've got to have the same loyalty to our community in Chanhassen as they have to the Excelsior and Lake Minnetonka area. And if you want to rattle some questions at me, I'll shoot back at you. And I also spent 30 years as a consultant. . . Sacchet: What, let's try to focus exactly in terms of the issue in front of us. Is this horsepower restriction with the access to Minne Bay. That's really the issue right now. Arne Hed: My position on that is that, like they've got snowmobiles and for some people they're a real headache. You've got these Skidoo's. Seadoo's. If you control the horsepower, you control the size of the motor. I mean the, I'm sorry. Control the speed if you take the major part ofWashta Bay and the big lake and you say the speed limit is 45 miles per hour, then who needs a 200 horsepower motor? Merz over at Minnewashta Heights came to me when I was Chairman. He said that he was a lake property owner. He paid bigger taxes than anybody else. He should be allowed to have any motor of any size as he wants. He says you can control the size of the motors for the people coming in to the park, but not me. He says I've got a cigar boat and I want to go. I said, 200 horsepower you've got on that speed boat, I said you can go from Highway 7 to Highway 5 in less than 2 minutes. I mean it's insane. I should add this. Merz's brother, they're the Merz Construction Company. They're in our neighborhood and he took it upon himself to go out and put in a waterski course, right out in front of our picture windows and I said what is that? What are all those buoys doing out there? He said that's a waterski course. So I was right down here and I said, waterskiing is fine. Our whole family waterskis and I'd encourage anyone that wants to waterski, go ahead and waterski. It's not that popular a sport anymore, but at that time it was and I said, if we have a 4th of July celebration in Chanhassen, you get a 72 hour permit. I'm not against that. You get a 72 hour permit and put in your course and take it out again. That's the last we saw of the course. Sacchet: So do I take it that you are in favor of restricting speed limits? Arne Hed: Oh yes. And that is within the law. I talked to Mike Markel who is the DNR man and we had a long conversation this afternoon. Sacchet: And in terms of Minne Bay and that particular issue in front of us, does that translate that you would see a purpose in restriction of the motor size or not? Arne Hed: Well if you restrict the motor size, then if you're going to reduce the speed essentially. Sacchet: So you see it hand in hand. 7 Planning Commission Meeting - February 1, 2005 Arne Red: Yeah, they go hand in hand. Sacchet: Excellent. Well appreciate all your feedback and context. It's wonderful to get the insight into the history and I want to thank you for that. McDonald: Mr. Chairman? Sacchet: Do you have a question for him? Yes, go ahead Jerry. McDonald: Can I ask you a question? Okay, I understand a correlation between horsepower and speed, but what's the correlation between horsepower and no wake zone? Doesn't the same effect happen? Arne Red: No, you've got a speed limit in the no wake zone. Currently it's for snowmobiles as I understand is 10 miles per hour. In lakes in the Carver County it's 45 miles per hour on the big part of the lake. If there is no wake zone, but if you're within a certain distance to the property owner's shoreline, you cannot go more than 10 miles an hour. And I'll say that our neighbors, and their kids, they're teenagers. And I might say that you can relay it to the Carver County Police that they can raid that house any time they want to and they'll probably find drugs. They've egged our house. I mean they're in detention half the time and they're in alternative schools and when they came in and our grand children were diving off our raft, they came in at 60 miles an hour into their dock. I mean they, reckless. They did get tickets because we can get very irate as a family if we see the abuse. Rich will go along with that. McDonald: It sounds as though the current systems that are in place work. Arne Red: Yes, if you compare it to snowmobiling. The high power boats in the summer, beautiful day and a few drinks or drugs and you've got people that are out of control. And if the water patrol, and Rich Slagle's buddy from college ran the resort on Lake Minnewashta for several years. Our son Allen and in fact they're going to have a bass contest out on Rice's Resort on Lake Minnewashta because it's known as a good bass lake, as is Waconia. And ifthey're interested in having a bass fishing contest and you lose that...I guess you can't do it at this particular time but at that time they could. There's some giant bass in that lake. McDonald: Okay, well where I'm still confused is, are you in favor of if we go with the no wake zone. Allow larger horsepower motors to go on Little Minne Bay, does that accomplish what is in place or are you not in favor of increasing the horsepower? Arne Red: Personally I'm not in favor of increasing the horsepower. I can get along nicely with 65-85 horsepower. There's no big problem there. But the 200 horsepower, 300 horsepower, cigar boats. And if you take a look, and I was talking to Mike Markel with the DNR this afternoon. Re said that the DNR's got reconstruction jobs on Minnetonka boat launches because they're coming in with their semi's and they're backing in with their yachfs on top of these semi's. And the tonnage, it just breaks down the access. And we don't want that. There's a certain element that loves the lifestyle of Lake Minnetonka. There's another lifestyle that's Minnewashta and it's a rather placid, peaceful. McDonald: Okay, well then what your concern is, is someone bringing in these larger boats which is a weight problem coming in and tearing up the. Arne Red: Oh no, it's the environment. Again Minnewashta means clean water. If you break up the bottom of the lake with the big motors and you're racing and they're doing all of the tricks that they're 8 Planning Commission Meeting - February 1,2005 doing on the lake with big motors, you're going to lose that water. ill fact the Minneapolis paper had the Minnewashta as one ofthe most fishable lakes in the Twin Cities area, and it's the cleanest lake, according to the DNR between the Iowa border and Grand Rapids. I always thought it was Christmas Lake, but this particular article in the Sports section said Minnewashta was the cleanest lake, and if we don't keep it clean, if we don't, if we let go of the barriers that we put in place, it's going to get worst. You find when the ice goes out in the spring there will be the beer bottles and whiskey bottles and broken glass and so forth coming in. We've done it for 44 years, cleaning the beach and so forth and picking this stuff up. People that have abused, not only fish houses and snowmobiles. They're as guilty too. There's bad people in all these areas. Sacchet: Well appreciate all your input. Thank you very much for speaking up. Yes, next. Want to give us your name and address for the record please. Yeah. Sacchet: And you can move the microphone in front of you. There you go. Hud Hollenback: I live in Minnewashta Heights. I'm going to ramble for just a couple minutes and then if you have any questions, I'll be glad to answer them. Our family moved up here in 1971 from Texas and we were fortunate enough to land, end up in Minnewashta Heights. And of course we all fell in love with the lake. It was a little different in those days but I bought an 8 foot boat with a 6 horsepower motor, and I lived on the lake. I think I probably know the lake better than anybody here. For years I lived on the lake. Days. Nights. Whenever. I knew most bass by name. I knew where they lived. Caught the same ones over and over and over again. One day I think, I forget just when it was. Like '74-75. Clifford French came over and spoke to the Chan council I guess, and anyway I was there. And he had heard that the Ches Mar Farm was going to go up for sale. And he was making a pitch to Chan that this has to be a park. He said, Hennepin County would like to make a park. Weare ready to buy the land and make a park. Well that scared the daylights out of me. I went back and we talked in the neighborhood. Nobody wanted a park. Nobody. In fact I applied, and ended up sitting on the commission in order to fight the park. The more I studied and the more meetings we had, which were tr~mendous number. All the time. We were meeting in meetings, when I wasn't fishing I was meeting. I began to feel heck, maybe this would be a park. It'd be a lot better than looking across the lake and seeing townhouses and the shoreline completely changed. So it wasn't too long before I was promoting a park. But we, when we started talking as a commission, we got to negotiate with these folks. We didn't want this. This would be okay. We didn't want that. This would be alright. Little Minne was abig part of the discussion because it is pristine. It is unique. Not another body of water, anything like it around here. So we were very hard on what we were going to allow in Little Minne. My mouth is drying up. That's why there were no motors, nothing but canoes, kayaks, whatever allowed. And everybody was happy. Then in, I think it was what, '84. Whenever. It was decided to put motors in there and to put the boats at the other dock. Landing. So it's evolving. All I want to say is there's no way that we should allow bigger motors in Little Minne. What we should do is eliminate all boats landing in Little Minne. Move them over to where the rest of them are. Then there won't be any problem in policing. There won't be any problem in tearing up the water. It would solve all the problems of you know having two places. It would just solve the problems. It'd probably return to the same state it used to be. So that's where I'm coming from. Any questions? Sacchet: Thank you very much? Do we have questions? I think you expressed yourself very clearly. Larson: Actually I do. When I was reading the report, towards the end of the report they mentioned that boats are designed quite differently now than they were when the original plan allowed to have motor boats put in there and that they're made much more environmentally sensitive or, they don't seem to tear 9 Planning Commission Meeting - February 1, 2005 up the lakes as badly as maybe some of the older style boats, based on how the bottoms are made. How the engines are designed. And so would you still have an issue with this if in fact, you know even though the boat motor sizes are going to be bigger, or allowed larger, the impact of these newer boats isn't going to be like it was with some of the older style boats. Hud Hollenback: Well that's quite possible. I just see if we close number 2 and move everything eventually, I know it's a.. .discussion now but move everything over to Little Minne, to land in, to launch and land 35 boats at a time, and that given space. It doesn't matter how the boats are made or the motor's made. It's, there's not going to be a place to even stack them. I mean it's, I can imagine at the end of the day 10 or 15 boats waiting to be pulled out in Little Minne. We're going to be side by side. It's just, it's not practical. And it would just destroy the nicest part of the lake. Sacchet: Thank you for making such a clear statement. Hud Hollenback: Alright. Sacchet: Yes, anybody else want to come forward? This is your turn. State your name and address for the record and let us know what you have to say. Gary Petersbn: Gary Peterson up on Hickory Road on 36, on top of the hill on Red Cedar Point. And I guess our place has been in the family since 1922 so I guess I. . . but basically this is really the only place left on the lake where people can put in things like pontoon boats, things like that because it's the only access to the lake that has reasonable backing capacity. You mentioned the thing that the other landing is totally not perpendicular to the shoreline. I attempted to put in a couple boats there. Last year could not even get them in there, and I'm not talking huge boats like discussed. Actually the boats today by the way that you're talking about that these people are putting in today are in the ballpark of 345 to 455 horsepower. They're not 200 horsepower motors anymore. That does not affect the fact that this is really the only place that exists on the lake where people that live on the lake can put in their boats. We're not talking about putting in 35 boats at a time. We don't show up there on a Sunday afternoon to put this boat in or a Sunday morning. We sneak in there on a Tuesday afternoon when nobody else is there, just because we don't like to stand in line or sit in line with all those types of things that go along, but the horsepower does not really any affect to what we've got there. It's just really the only place we can go to drop a boat down, back it in. My pontoon boat, I'm not trying to put a wake out behind my pontoon boat but it still has enough power to push that thing through that operations out there. Now the environmental portion of this thing, this is basically a mud hole back there. Rest of the lake is pretty much sand bottom, and this is very soft shore. We're talking about just basically, you know when I was a kid, we didn't, we did not fish crappies back there because you couldn't eat them. They were too muddy. They tasted too bad. So that's the kind of environment we're dealing with. When boats do come through there, they move the.. . around but at the time when the boat, park was actually open, it was all full of seaweed and things like that and a lot of lily pads. They're no longer there today just because of any boat that's going through there has wiped those out. I think that taking a no wake zone is really the way to operate that thing so people can use the thing for the lake and you know, we're talking, we're not talking even 10 miles an hour. I'd guess probably with the no wake zone, coming out of there well below 5 miles an hour. Something like that. If you're going to go 10 miles an hour, you're going to get at wake. 10 horsepower motor can put a wake up depending on the boat that you're talking about. The fact that people get out, away from the shore. Go down the middle of the operation. It's a very calm area. And there's still lots of lily pads when you go out and head out into the back end of the thing but you know, I really don't say that I think that horsepower's really the issue. I think the horsepower thing's got to go I mean. Most the people on the lake have no way to get their boats out if they you know follow by that law that sat there. It was the only place you could even get in there with a pontoon boat trailer at the end of the year. 10 Planning Commission Meeting - February 1,2005 Keefe: Is it your opinion that people follow the no wake zone when they're back in there? Yeah. And you as a resident. Gary Peterson: I've been going in there since 1965. Probably something like that. Keefe: As a resident of the lake, do you ever go back into Minne Bay when you're just out boating? And let me follow-up with that saying, do you have a larger motor than 10 horsepower and do you drive back in it, to Minne Bay? Occasionally. Gary Peterson: Yeah, I don't think, I don't have a motor less, that's that small. Keefe: Yeah, so I mean if somebody answers yeah. You've driven back in there and so you're one ofthe people who drive back in there as well and. Gary Peterson: And I mean even a jet ski today is in the ballpark of 130-40 horsepower. You know, our pontoon boat is 35 horsepower. And we go back there and fish for sunfish typically. I don't think there's a lot of bass fishing back there today. I mean you can catch 10 bass off our dock. I don't know why you'd go out across the lake to go look for 10 bass over there. Sacchet: Alright. Thank you very much. Anybody else wants to address this item? Please come forward. State your name and address and let us know where you stand with this. James Johnson: My name is James Johnson. I live on Minnewashta Bay actually. I can see the dock from my deck when I'm outside. I would strongly oppose lifting the boat motor restriction to over 10 horsepower because I do see people not abide by the wake zone. No wake zone. And I do see people launch boats from there that are much larger than 10 horsepower. So my fear of restricting or lifting the ban would mean that there are more people coming into that area with larger motors and not abiding by the 10 miles per hour, or the no wake zone. So I would certainly oppose lifting the ban. Sacchet: Okay. Thank you for expressing yourself. Anybody else wants to address this item. This is your turn. Please state your name and address. Dean Barta: My name is Dean Barta. I live at 3837 Red Cedar Point Road. I also live on Lake Minnewashta and I don't know, I've got a couple questions and then a comment. I know 2-3, maybe it was 3-4 years ago there was some discussion about dropping that restriction, and I'm sorry I'm late so maybe I missed that discussion but at that time the discussion was to get rid ofthe 10 horsepower restriction but in kind of a trade for that they were going to put a 10 horsepower restriction or close the other ramp that's on the big lake. That was part ofthe discussion. And when I saw this come up, that they were looking at or there was discussion again of the 10 horsepower restriction, there was no discussion of the other ramp. Having a power boat or a speed boat, a ski boat on Lake Minnewashta, I understand there's a lot of people that don't like to use the ramp that's on the main part of the lake because it's very shallow and I've talked to a lot of people that live there, I know a lot of guys that live there and stuff and people that bring their boats in for the day who have ruined props and, it's a very shallow landing. Right, and I understand that. I think my concern is when I, or the question I have is, has anybody looked at the impact if we take, if we get rid of the restriction of the back landing, the one that's in question. How many more larger boats is that going to bring into a lake that's pretty crowded already on a given summer day? Because now you'd be opening up how many more parking spaces to larger boats. And what I've noticed on the lake, it's not you know the fishing boats nowadays aren't the 10 horsepower. You know it's the 150 horse, 21 foot Lund's and it's the big wake boats and things like that and so, you know fundamentally, how much more traffic can you allow on a lake that is pretty over 11 Planning Commission Meeting - February 1,2005 crowded already on any given summer day. The other thing is, is that I go back there a lot and I do take my son back there. We catch a lot of sunfish and bass back in there. It's a beautiful area back in there and full of lily pads in the spring and in the summer, and I question also the environmental impact or what's going to happen to, you know there's a lot of nesting birds back there. There's a lot of things that you start putting big boats up and down that channel and I know most people would abide by the wakes but just the fact of having a bigger boat throws of a lot bigger wake. Right? That's just a fundamental something, that happens. So I would just ask that we suggest that we take a look at what's another alternative. If that other ramp isn't, a lot of people with bigger boats don't like to use that, why don't we make that a horsepower restricted ramp then. At least start to limit the number of potential parking spots for larger boats on the lake. So comments, suggestions. That's my opinion. Sacchet: Thank you very much sir. Who else would like to address this item? Kurt Papke: Good evening. A little odd to be on this side of the microphone. My name is Kurt Papke and I live at 1131 Homestead Lane in Chanhassen. And I'm the sitting Chair of the Carver County Park Commission, as well as being a Planning Commission member, but you have to ignore that for the moment. I just wanted to comment on a couple things that were touched on tonight but I don't think were fully explored. One of them's the enforcement of which boats get to go in and use the two different boat launches. Imagine yourself, you're a 16 year old Chaska High School student who's working for minimum wage in the gate house and you're counting boats coming in and boats going out, and you're not too sure how many of which are in which landing and now somebody comes in with a car full of kids and they want to take their kids skiing and now they have to drive down this long gravel road to get to the boat launch, and you let them in. Okay. So you can see the dilemma. It's not easy for a 16 year old high school student to do that control situation. They have no visibility at all of the boat launch. They're dealing with people with a car full of kids who want to go skiing and they're going to go where they will. Another aspect of that in terms of the enforcement possibilities, you mayor may not be aware that a little over a month ago the Carver County Board voted as a part of their latest budget to cut funding for lifeguards at Lake Minnewashta Beach. Okay. So we don't even have the funds right now to put lifeguards on the beach, so to provide additional services for enforcement here would be a bit of a stretch. Okay. The last point, and this one you have to be careful how you cope with it because you can't always, you can't make decisions on the basis of consequences. But one of the issues we have here, there's a set of cascading dependencies that come out of this decision. Okay. If you deny this request we now, we cannot consolidate the two boat ramps and if we cannot consolidate the two boat ramps, we can now cannot re-use the space that's currently allocated to boat launch #2 for the, how many Girl Scouts do we have come and camp every summer? Over 500 kids that we would like to provide as part of the master plan more space for those 500 kids. So just be aware that you know there's a set of consequences of your decisions tonight. Now you can't, you're making an environmental decision. You can't make your decision on the basis solely of well, you know those are the consequences and too bad. But you just should be aware and conscience of that when you make that decision that there's things, other things will not happen as a result and I just wanted to make sure you were aware of that. And that's all I had. Any questions for me? Keefe: Can you clarify a little bit on the dependency again, or just re-state that. If we are, if we remove the restriction, then that would allow consolidation. If we leave the restriction in place. Kurt Papke: You cannot consolidate. You must leave boat launch #2 open then to accommodate the existing large horsepower boats that are being launched there. Keefe: Okay. 12 Planning Commission Meeting - February 1, 2005 Kurt Papke: Okay. And so then you don't have the plan for re-use. Now this was all, there was an entire master plan that was worked out with public hearings, just like this 2 years ago to approve that master plan. And we have an interesting dilemma here where the City of Chanhassen and the Planning Commission is kind of holding that whole master plan hostage as a result of this one decision which, you know that has to happen. You have to do the right thing for the environment and for the City of Chanhassen but you just. . . Keefe: Let me ask you this. If the restriction is removed, does the County need to come back to the City to consolidate the ramps? Marty Walsh: Mr. Chair, members. As a matter of fact they would in terms of a building permit or construction permit for the park area, we would have to come back for approval on that. Keefe: But that's just to construct the expansion of the ramp. Marty Walsh: That's correct. During that process there'd be a number of reviews and contacts here with the City of Chanhassen along with the DNR with regards to the suitability and so forth of that site for that, but we've gone through that at least preliminarily at this point with the DNR and again staff people and other agency folks and again at this point everybody feels with regards to agency staff and the Carver County Park Commission that this is a workable plan. I would like to just make one comment, and I know we have some members here that have been in the audience, or have been on the lake for a number of years. In terms of kind of the greatest threat in terms of change to the lake, I don't believe that is the park because we are limited to the 35 stalls that we have at this point with a conditional use permit. What has changed over time is horsepower size, and that will continue to probably change on the lake with a great deal of frequency with regards to new homeowners either moving in or people upgrading their present boat for a larger boat. Also there will be still new lots that will be added to this lake. Since the 1974, I hesitate to guess but I know that it's probably closer to 100 or more homes that have been located on the lake so the biggest change to the lake with regards to the horsepower, I will be just in the nature of things. People upgrading. Replacing their boats, and a few new lots being constructed on the lake. Keefe: So conditional use permit limits you to 35 parking stalls between the two, right? And if you were to consolidate you would still be limited to 35 parking stalls at the single entrance? Marty Walsh: That's correct. Audience: And there is 20 acres. Sacchet: Jerry. McDonald: I've got a question. Are these the only, is this the only public access on this lake? Marty Walsh: Yes, it is the only public access. McDonald: Okay. Slagle: Just so I'm clear, is there a speed limit on the lake? Marty Walsh: I would defer that to the City of Chanhassen. To my knowledge, Carver County does not regulate the surface use of water bodies but I'll defer that question. Sacchet: Does staff know the answer? 13 Planning Commission Meeting - February 1, 2005 LilIehaug: It's 50 miles an hour. Haak: Yes there is. It's actually I believe it's 40 sunrise to sunset. 40 or 45 and I think it's, and I'm speculating but I know they exist on all city lakes. Probably 15 sunset to sunrise is my guess, and again I may run over to the code and double check that but. Sacchet: Go ahead Rich. Slagle: Weight restrictions. We talked about that. The 100, is it 100 yards? 100 feet? Marty Walsh: I'll have to look at the exact what it is but I want to say it's 100 to 200 feet and I think the City of Chanhassen has that ordinance. Haak: It'd be in the same ordinance. Slagle: And Lori as you're looking my question is, does that apply around the entire lake? Haak: Yes. Slagle: Fairly, is there a sign on the outer entrance, if you were on the lake and wanted to go into Little Minne, is there a sign that says no horsepower's above 10 allowed in this bay? Marty Walsh: No, there is no signage ofthat nature. Sacchet: That's not possible on the state statute. I think that the water is accessible anywhere by anybody, isn't that the state? Marty Walsh: It's public property underneath the water level itself. I don't know that I can address your question directly but to the fact that it is public property underneath the surface water and it's managed by the Department of Natural Resources. Slagle: But let's keep in mind though that there are bodies of water in our city that we limit motors. I know in our lake cabin up north there's an area of the lake that no go. It's trolling motors or canoes or what not so what I'm saying is that I don't think that's 100% correct in the sense that you could I believe make this bay a non-motorized or under 10 limit. I don't know that for sure but I think so. So with all that said, here's my question to you. Is there another location other than 1 and 2 for the launch because you're, we've heard that launch 2 is shallow. Gentleman mentioned it's hard to get pontoons but yet we are picking what I estimate to be probably the most sensitive area of the lake to have the boat launch. Would there be a third alternative when you go to consolidate that would make more sense than Little Minne? Marty Walsh: Again we did look at that sort of an option with regards to when we went through the master plan. And with the idea that you can do anything. You can put the boat access someplace, but not without causing more damage than what there is right now. In tenns of environmental impacts. Slagle: Damage on the water or on the land? Marty Walsh: Both. Most of the area that is encompassed by the park is surrounded by cattail, wetland type vegetation and for us to disturb another area, which was something that we looked at and the overall master plan placed a great deal of emphasis, in fact the over riding principle on that was the environment. 14 Planning Commission Meeting - February 1,2005 In fact to the extent that we could, we removed or will remove certain infrastructure pieces from that. From the park as it continues to develop. So we don't see the park becoming I guess more heavily developed than what it is. Slagle: Okay, let me throw this out and I have to be honest with you, during the course of this I've just been going back and forth but I've been there. I've been on the big lake and personal opinion but I want you to respond to it is, I think that bay is probably as close to quote unquote, Northern Minnesota feel as you get and when you go out into the big area where the #2 launch is, I mean that's sort of like big lake. Lots of boats. And I guess I'mjust surprised in the entire peninsula that goes to the north, I mean even going down towards the public beach where you've got roads, parking lots, buildings, that that would be the best spot to consolidate two launches. That's all I guess I'm struggling with is I'm not sure of that but, can you respond to that? Marty Walsh: Again I would state that we did take a look very closely at the boat launch issue and there are with anything that we were doing in the park, pros and cons to it but when we, at the end of the day weighed a safe boat access out of the wind, a deeper water access, the ability for people to access the lake and launch their watercraft, at the end of the day that balancing act said boat access #1 is where it should go. Sacchet: Dan, go ahead. Keefe: I have one more question. Just in regards to, and this may be a DNR question. I don't know, maybe...in regards to any spawning that goes on on that lake. Does that bay support spawning grounds or do we know or? Metzer: Daryl Ellison the Area Supervisor for Fisheries, he did also mention which it did not at the end of the report though he said it's good as bass habitat. That's all he said. It's good bass habitat. Keefe: He didn't say anything about particularly spawning, Metzer: Those were his exact words. Arne Hed: He said that, DNR told me the...he's the head of Fisheries. We could invite him out to your next meeting. Mike Markel, who was the DNR man at the time I worked with him, he said that it's really up to the City and the County to establish the weight and the speed limits and things that would control population of boat, people's behavior on the lake. That the DNR has dropped out of it. It's no longer interested in surface waters of any lakes, except out state. Their position there changed. Sacchet: Alright. The public hearing is still open. Did you want to add anything else at this point? Marty Walsh: Again I guess again we at the park commission for Carver County has taken a look at this quite extensively and really feel that this is a non-discriminating policy, the no wake zone does protect the environment there. And in tenns of long term operation for a park area and servicing the customer, we believe this is. . . Sacchet: Thank you. Anybody else want to address this issue before we close the public hearing? Yes, I still see some hands there. Dean Barta: Couple thoughts and comments again. First of all, I represent kind of a newly formed, there's probably 20 or 30 of us now of a Minnewashta Homeowners Lake Association right. A lot of people, we've gotten together every year and we worked with the DNR and tried to control some of the 15 Planning Commission Meeting - February 1,2005 milfoil out on the lake and there's something happening on Lake Minnewashta where the lake is what I'll call turning a little bit. Right. A lot of the first generation, second generation people that grew up on the lake are retiring or selling. A lot of younger people coming on and re-doing homes. And there's a real movement towards making sure that that lake is as clean and as good 20 years from now as it is today. Right. And I would suggest that maybe there is some other alternatives here, right. I would agree with you that the north side of the lake is pristine and that's just a beautiful park that you go through there and if, one thing that I heard tonight, if there's only going to be 35 parking spots, or the most the boats coming in is 35 either way, that's a great thing. But maybe we could tap into some of the resources from the homeowners lake association right and is there a possibility on the, I think it's called lift 1 which is the lift on the big lake, the shallow lift, right. Can that be dredged? Right. Can we make that just deeper right in the lift area because it's just, it's just in that small area where people put the boats in and that just needs to be made a little deeper, right. And then we could completely shut down the second one back in the pristine area and make that a complete no wake zone or 10 horse, or something because it is a neat area back in there, right. So I think there is some other opportunities maybe we could all discuss, look at that could be a win/win here. To make the first boat lift, you know dredge it out, make it deeper. Something like that. Okay. Sacchet: Thank you. I saw another hand. Hud Hollenback: One more thing, I apologize for my voice. I'm taking medication for my back and my mouth goes dry. I second what he said. I have another problem and maybe I'mjust getting to be a hard head. I have a problem with the no wake solving the problem. I don't think it's going to. I'm sorry. I travel Highway 7 all the time and I put it on cruise at 50 and there's not a car that doesn't pass me. I mean they can't read 50. They're doing 55 and 60, and this, when I've been on the lakes, people's idea of no wake varies, so it's not going to be boats slowly crawling through Little Minne. And it won't be policed, so no wake is not the solution. Keefe: I've got one question. You know in a previous hearing when we were talking about another issue, somebody had talked about the history of Lake Minnewashta and that it was, it's actually a much cleaner lake today than it was even 20 years ago, and I'd like to get your comment in regards to that because one of the things that I think my understanding of it is, it's actually, it's been actually pretty well managed in terms ofit's clarity. Hud Hollenback: They've done a heck of ajob. They have. Keefe: Would you agree with that? Hud Hollenback: I'm just trying to not to have it, what we're looking at though is a clip. I mean what was over here... The park is going to be over here. It's completely different from what we negotiated. But no, they deserve a lot of credit. Sacchet: I saw a hand in the back, if you want to still speak up as well. BJ. Greer: BJ. Greer. I live at 2771 Piper Ridge. I don't live directly on the lake. I live across the street. I spend a lot of time on Little Minne, kayaking and canoeing and I for one can tell you that the no wake rules have been breached quite often. One thing that concerns me is closing that second boat launch and funneling everything back through that kind of pristine area. I agree with some points that were brought up. Possibly finding a third or fixing that first boat launch. In the past I've also owned a boat and I've been guilty of putting a over 10 horsepower boat in on that launch. One for being ignorant of the sign which was pointed out to me by the Carver County Sheriff, but I also at that point would launch my boat at the other landing and there were times that I had to actually park up by the picnic area up on top of 16 Planning Commission Meeting - February 1,2005 the hill because there were so many boats down there so I understand the 16 year old and counting people coming in and out. That would be pretty difficult and not all of them go to either landing. So I guess I would just like to go on the record as being against raising that 10 horsepower limit because I'm a little concerned with funneling more traffic through that area and like I said before, being a canoeist and kayaker, you do tend to feel the waves coming through when someone is not following the rules and that's all. Sacchet: Thank you very much. Lillehaug: I have a question for you. Sacchet: Yeah, go ahead Steve. Lillehaug: I got a ticket by parking out by that area that you said you parked. Did you get a ticket? I did. BJ. Greer: I didn't get a ticket. I did get parking at the first landing. And I had the ticket sitting on my car and believe me, you can tell if someone's boat trailer is over 10 horsepower just by looking at it. It's pretty easy and there are quite a few big boats that do in that way, and I understand your point about getting your pontoon boat in. I don't think it's the owners on the lake that are the ones that concern me as much as just a lot of additional larger horsepower traffic coming in there and that lake does get fairly busy sometimes. Nothing to the aspects of Lake Minnetonka, which I've boated on too but, so I don't know. Any other questions or? Thank you. Sacchet: Okay, thankyou very much. Alright, last chance. Anybody else wants to address this item. Seeing nobody, I'm closing the public hearing. Bring it back to commissioner for discussion and comments. Who wants to start? Rich? Slagle: I can start. I am, as I mentioned, went back and forth but after some due diligence and thinking of this I would have to say that I am against raising it. But I throw out the caveat that I don't think, and I don't want to be critical of the process that went through, that you looked at your alternative sources for a boat launch, but when I look at, I guess it would be, I don't know if we have a page number but the map of the park. And if I look at that, I could make a common sense decision that would cut off that bay because I've been there many times in that bay. It is very, very nice and to think that you would have potentially 20 boats at 7:00 trying to come in. I have a boat. They'll be turning around. They'll be backing up. I mean that bay will not be the same bay as it is today. It seems to me that ifthere's issues about wind, which I didn't ask you how important the wind was, but I'm going to take that it seems to be somewhat important, again on a scale of 1 to 10, wind, I don't know if wind is over rules the environmental impact of that bay. And I would go as far as asking the City to look into how we restrict in that bay, not just outgoing but going in, because I certainly don't think it makes sense to restrict the boat horsepower for someone launching but then someone on the lake can go in there with a 40 and claim they didn't know anything about it. Or 100 or 200, so I'm against it and would just ask that they look for other alternatives. Sacchet: Jerry, you want to make a comment? No? McDonald: No comments. Sacchet: Dan? Keefe: Yeah, where I come down on this and I'm somewhat torn but I think I'm leaning towards approval of this and really for the following reasons. You know if95% of the traffic, and I'm not sure if 17 Planning Commission Meeting - February 1,2005 that's a right statement or not but a good chunk of the traffic, boat traffic in that bay comes from offthe lake, then the 10 horsepower isn't really going to regulate that piece of it. The no wake would regulate that piece of it. And the quality of the lake, the Lake Minnewashta, at least with my understand is really been maintained at a very high level. Actually an improving level over at least a certain period of time. I'm not exactly sure what that period of time is, and I think that the people involved in managing that lake have done a good job and I think the, a lot of the residents have spoken to that and I'm not sure that it is their intention in terms of moving these to, consolidating these two boat ramps to actually deteriorate the quality of the lake. I think they've taken that into consideration in regards to the recommendation. Additionally we're talking about 35 spaces of which a portion right now are split to one ramp or the other. You're going to consolidate those into one incrementally in terms of the number of additional boats going through that. There's going to be an increase. I'm not convinced that a good portion ofthose won't pay attention to the no wake. I think they probably will. I actually think the number of boats going through there is going to be fairly minimal that are going to violate that. Violate that 10 horsepower given the fact that there's only 35 spaces for 35 boats available in the park so I think I'm leaning for this one. Larson: I don't think I have any comments. Sacchet: No comments Debra. Steve. Lillehaug: Well, I think we need to keep two things separate here. Consolidating and re-arranging is not the issue. I mean I know they're related but it's not the issue with this application. Speed limit on the lake is not the issue with this application period. It's not. And a few points that I want to make, it doesn't matter if you swap the restriction from access 1 to 2 because they're going to be consolidated so other suggestions to swap it in my mind, that's not a solution because we're looking at consolidating. At this point it's my opinion that lifting the ban won't increase and intensify the use of the bay. I use Lake Minnewashta quite a bit and I didn't even realize, and I'm pretty cognizant of the rules of the lakes, and for one I didn't know there was a speed limit that was something less than 50 miles an hour, so if it is, I would really ask staff to work with the County and make that better known because I didn't know it and I use that lake all the time. Number two, my boat doesn't do any more damage to that bay than a 10 horsepower boat does, and I have a 200 horsepower engine and I put a lot of merit that that new motor doesn't do any more damage. Access 2, as has been indicated, is very non-functional. And then I would also add that because of it's being non-functional, that the boats coming in and out of there actually create quite a bit of damage in itself and it hurts the environment alone right there. Does it compare to the damage or increase damage if we have 35 more boats or 25 more in Minne Bay? I don't have a good judge of that but there is damage being done at access 2 because ofit's non-functioning. Issues are in the lake with speeds like you indicated, I don't think, there might be a disobedience of the no wake zone in Minne Bay but again, I don't think the horsepower is the issue there. And the last thing is, my opinion is the no wake zone is the answer and it's not the horsepower restriction so I do support this. Do I support the modifications like have been suggested? I don't know. I haven't seen a plan. I've heard it proposed but at this time considering lifting the 10 horsepower, I support that. Sacchet: Well my comment I probably can summarize in two words. I'm a kayaker. Do I need to say more? Larson: So am I and I think it's fun on waves. Sacchet: And it's my prime kayaking place. Minne Bay because I live very close to Minne Bay. I absolutely love that place. It's a very pristine place. If it would be up to me I would push for no motors in Minne Bay. So coming from that vantage point I have a very hard time lifting any restriction in this area, whether it's connected to any other issues or not. I don't have a problem with the waves, as you say it can be fun. But I do have an issue with the impact it has on the environment, even now with the 10 18 Planning Commission Meeting - February 1,2005 parking spots for boats, there are times where there are 3, 4, 5 boats stacking up and to envision that that's going to be multiplying, I mean as a kayaker I have an issue when there are 2,3,4 boats stacking up. So without considering the potential where this is going to go with the comprehensive plan, and yes I did attend your, some of your presentations. The one at Bluff Creek I think it was, and did express my views as a kayaker there as well. I don't know whether you might remember. I certainly do, so being a kayaker and an environmentalist I oppose really lifting any restriction that has a further impact on the environment. And I do question these 4 findings in the staff report where it says it will not be detrimental or damage the safety, comfortable, general welfare of the neighborhood which is 4(a) of the findings. 4(d) ofthe findings, will not be hazardous or disturbing to the existing of planned neighborhood uses. I think it's very disturbing to a kayaker. Finding (i). Will not result in the destruction, loss or damage of natural, scenic or historic features of any significance. I think it does impact it. I mean once you're going to have multiple power boats stacking up, or in this case what's in front of us, boats with more motors, it will be aesthetically compatible which is Finding (j). I don't think it's aesthetically compatible with the pristine nature of that particular bay to have bigger motors. To have more motors. That's just my humble opinion as a kayaker. And I'm actually surprised how much support I'm getting here tonight so I want to thank you for that. That's my comment. It was longer than I expected. So with that I'm willing to take a motion. Lillehaug: I make a 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, number 1. Sacchet: We have that motion. Second? McDonald: Second. Sacchet: We have a motion. We have a second. Lillehaug moved, McDonald seconded that 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 Little Minne Bay channel. All voted in favor, except Sacchet and Slagle who opposed, and the motion carried with a vote of 4 to 2. (Kurt Papke did not vote due to a conflict of interest.) Sacchet: We have 2 nays and 4 yea's. Is that correct? Alright, motion carries. Goes to City Council on February 28th I believe. Metzer: It's the 28th. Sacchet: The 28th. That's accurate, okay. Thank you very much. PUBLIC HEARING: REQUEST FOR WETLAND AL TERA TION PERMIT TO FILL .11 ACRES OF TYPE 3 AND .01 ACRES OF TYPE 2 WETLAND FOR ROAD IMPROVEMENT OF TURN LANES AND SIGNAL CONSTRUCTION LOCATED AT THE TH 101 AND CSAH 14 (PIONEER TRAIL) INTERSECTION. APPLICANT CARVER COUNTY PUBLIC WORKS, PLANNING CASE NO. 05-07. 19