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CAS-37_LAKE MINNEWASHTA REGIONAL PARKCup 0 CITY OF 7700 Market Boulevard PBox March 12, 2014 Chanhassen, MNN 55317 Administration Enc. Phone: 952.2271100 Fax: 952.2271110 Carver County Building Inspections ATTN: Administration Phone: 952.227.1180 602 4th Street E Fax: 952.22T1 190 Chaska, MN 55318 Engineering PFax:952.227,1170 Re: Conditional Use Permit #04-37, Lake Minnewashta Regional Park Fax: 952.227.1170 Finance Dear Carver County Administrator: Phone: 952.227.1140 Fax: 952.227.1110 After conducting an inspection on February 19, 2014, the City has determined that the property at 6731 Hazeltine Blvd is compliant with the Conditional Use Permit Phone:: 952.227.1120 Park Recreation (CUP) #04-37. Fax: 952.227.1110 Thank you for your cooperation and if you have questions or concerns, please contact Recreation Center me at 952-227-1132 or dingvalson@ci.chanhassen.mn.us. 2310 Coulter Boulevard Phone: 952.227.1400 Sincerely, Fax: 952.227.1404 Planning Resources Natural Resources Phone: 952.227.1130 Drew Ingvalson Fax: 952.227.1110 Planning Intern Public Works Enc. 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 g:\plan\tup iup w*annual inspection dim mentsVake minnewashta regional park cup 04-37\2014 lake minnewashta regional Park cup 04-37 compliance lener.doc Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us Chanhassen is a Community for Lite - Providing for Today and Planning for Tomorrow aeANNE.. i According to City records, there is a conditional use permit for a Regional Park Phone: 952.227.1180 February 5, 2014 CITY OF conduct an inspection to ensure the site is in compliance with the conditions of CIIA NSEN Carver County Engineering Phone: 952.227.1160 ATIN: Administration 7700 Market Boulevard 602 4th Street E PBox Chanhassen, MNN 55317 Chaska, MN 55318 Administration Re: Conditional Use Permit #04-37, Lake Minnewashta Regional Park Phone: 952.227.1100 Fax: 952.2271110 Dear Carver County Administrator: 04-3-1 C_ op Building Inspections According to City records, there is a conditional use permit for a Regional Park Phone: 952.227.1180 recorded against your property located at 6731 Hazeltine Blvd. The City must Fax: 952.227.1190 conduct an inspection to ensure the site is in compliance with the conditions of approval, as specified in the enclosed Conditional Use Permit dated December 19, Engineering Phone: 952.227.1160 1984 and Conditional Use Amendment dated February 28, 2005. An inspection of Fax: 952.2271170 the property will take lace on February 19 P PAY P ary , 2014. Finance If the site is found to be in compliance, future inspections will occur annually. Phone: 952.227.1140 However, if the site is in violation of the conditions of approval, staff will work with Fax: 952.227.1110 the property owner to bring the site into compliance in a timely manner. Annual Park & Recreation compliance inspections will be scheduled from the time of compliance. Phone: 952.227.1120 Fax: 952.227.1110 If you have questions or concerns, please contact me prior to the inspection date above, at 952-227-1132 or dingvalson@ci.chanhassen.mn.us. Recreation Center 2310 Coulter Boulevard Sincerely, Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Drew Ingvalson Phone: 952.227.1130 Planning Intern Fax: 952.227.1110 Enc. Public Works 7901 Park Place Phone: 952.227.1300 g.\plankup iup wap\annual inspection documentsVebnu Ygake m nnewmina regional park cup 04-371Iake minnewashu Fax: 952.227.1310 regional park cup 04-37 inspection notice (2-5-14).doc Senior Center Phone: 952.227.1125 Fax: 952.2271110 Web Site www.ci.chanhassen.mn.us Chanhassen is a Community far Life -Providing for Today and Planning for Tomorrow STATE OF MINNESOTA COUNTY OF CARVER V VVV */ / CERTIFICATION ) ss ��i DOCUMENT NO. 68828 OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER This is to certify that this document was filed in this office on the A;4 * day of QaL Ig1gA.O. WSZLC o'clock A -M. and was duly recorded in Book A_ of Y1' - pageHIS-Lla4 CouMV Re rd r �— W I, Karen J. Engelhardt, duly appointed, qualified and acting Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of the amended Conditional Use Permit for Lake Minnewashta Regional Park with the original copy, now on file in my office, and have found the same to be a true and correct copy thereof and as approved by the City Council. Witness my hand and official seal at Chanhassen, Minnesota, this 19th day of December 1984 Ka eji-9 e rdt, Deputy Clerk 'C SEn.�K�_ 'o,� �H.. .......N` . q7 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED CONDITIONAL USE PERMIT LAKE MINNEWASHTA REGIONAL PARR THIS AGREEMENT, made and entered into by and between the City of Chanhassen, hereinafter referred to as the City, and the Board Of Commissioners of Carver County, hereinafter referred to as the County; WITNESSETH, that in the exercise of their powers pursuant to law, and in consideration of the mutual convenants herein con- tained, the City and County recite and agree as follows: Section 1. Recitals. 1.01. State Law and City Zoning Ordinance. It is acknowledged by the parties hereto that under the provisions of M.S. §398.32, no county parklands or waters may be acquired within the limits of any city without the approval by resolution of the governing body of any such city; and it is further acknowledged that under the provisions of the City zoning ordi- nance, parks and recreational areas owned and operated by govern- mental units may be allowed within residential zoning districts only upon the securing of a conditional use permit from the City. 1.02. County Park proposal. The County proposes the acquisition and development of a regional park to be located on the northeast shore of Lake Minnewashta, designating said park as Lake Minnewashta Regional Park (hereinafter referred to as the "park"), and has made application to the City for approval of said acquisition and development and the issuance of a con- ditional use permit. 1.03. Lake Minnewashta Regional Park Master Plan. Except as hereinafter modified or otherwise provided, the Lake Minnewashta Regional Park Master Plan - 1982 Updated - as approved by the County Board of Commissioners on April 13, 1982 forms the basis of this conditional use permit for said County Regional Park. Said Master Plan and approving County motion are attached hereto as Exhibits "A" and "B" respectively and incor- porated herein by reference. 1.04. General Purpose. The purpose of this agreement is to setforth the terms and conditions governing the approval by the City of the parkland acquisition and the grant of the within conditional use permit which are conditions precedent to land acquisition by the County for the park. Section 2. Park Areas C and D. 2.01. Master Plan. Whereas the City, the County, and the Metropolitan Council of the Twin Cities have determined that removal of areas C and D from the Master Plan of the Lake Minnewashta Regionui Park, hereinafter referrL to as the "Master Plan", will not adversely affect the purpose or function of the park, and whereas the City and the Metropolitan Council of the 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 Section 3. Schematic Plan. 3.01. Design Capacities. The design capacities as set - forth on page 26, table 6 of the Master Plan, and the Lake Minnewashta Park Use Calculations of the Subcommittee for Master Planning of the Lake Minnewashta Regional Park, dated May 28, 1975, shall constitute the maximum development allowable in said proposed park. Section 4. Development Plans. 4.01. Review and Approval. Detailed development plans within the proposed park shall be submitted to the City for review and comment prior to approval by the County. It is not con- templated that the City shall have approval authority over the detailed development plans so long as they are consistent in scope and capacities with the,Master Plan, except for appropriate development standards which may be applied to development generally within the City. Any development plans not consistent in scope and capacities with the Master Plan shall require an amended conditional use permit. 4.02. Development Schedule. The County does not propose any significant development of the park until funds are available through the grant program of the Metropolitan Council. Between 1978 and 1982, the development activities at the park are pro- posed to consist essentially of establishing a land stewardship program, development of a primitive lake public access facility, and use of the existing buildings as either a nature center or museum and park employee residence. 4.03. Land Stewardship Program. The land stewardship program will consist principally of gradually phasing from culti- vated land to turf establishment on Parcel E, establishing a tree nursery, beginning prairie establishment on a portion of Parcel B, providing necessary access control in terms of gate and fencing, controlling noxious weeds, and to the extent feasible, controlling Dutch elm and oak wilt disesase. Section 5. Advisory Committee. 5.01. Advisory Committee. The park is intended to fill the regional recreation needs of the Chaska, Chanhassen, -and Victoria area in Carver County (as described in Section 4, Local and Regional Recreation Needs Analyses of the Master Plan). In order to provide a means of continuing review during the develop- ment and operating phases, Carver County shall establish an Advisory Committee consisting of two representatives from Chanhassen, one from Chaska, one from Victoria, and one from the 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 parkoperations 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 Ordin"ce of the County shall regulate the use of the park. The City and the Advisory Committee shall recommend any appropriate amendments to the County Park Ordinance or regulatory County Board Resolutions as the same may be applicable to the park. In addition, all County proposed park ordinance amendments or regulatory resolu- tions shall be reviewed by the Advisory Committee for its recom- mendations and comments prior to enactment. 6.02. Policing. Policing of the park shall be the responsibility of the County through its Sheriff's Department at no cost to the City. Any supplementary police services furnished by any future City police department shall be performed only under the terms and conditions of a mutual aid agreement the City and the County. 6.03. Fire Protection and Emergency Services. Fire pro- tection and emergency rescue services necessitated by land - oriented incidents shall be provided by the Fire Department of the City. Emergency rescue services necessitated by water - oriented incidents shall be provided by County lifeguards or the County Sheriff's Water Patrol. 6.04. Lake Access. A watercraft access to Lake Minnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access is to be limited for launch of watercraft of ten (10) horsepower or less and have a capacity of 10 car/trailer spaces. An additional access without horsepower restrictions having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2nd Access" marked Official Copy. Section 7. Roads, Water and Sanitary Sewer Services. 7.01. Roads. All roads and trails within the park shall be constructed and maintained, including snow plowing, by the County. -3- r 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 58.01 hereof, sewer and water charges will not be based on a price structure which assumes a 211 dwelling unit development, but rather will be based on a comparison of volumes generated by similar residential, commercial or.,institu- tional uses. 7.03. Water and Sanitary Sewer Easements. The County shall —Provide,—consistent with applicable Metropolitan Council policies and the grant contract for acquisition of the Lake Minnewashta Regional Park between the County and Metropolitan County, at no cost to the City, such linear water and sewer ease- ments as the City may deem necessary to provide water and sani- tary sewer services to the park and contiguous areas. Said easement alignments shall not be so located as to materially affect the character of the park. Section 8. Assessments, Taxes and Costs. 8.01. Outstanding Assessments. By resolution adopted October 20, 1975, the City levied a total of 211 trunk water and sewer unit assessments against the properties to be acquired for the park. It is a condition to the grant of the within con- ditional use permit that all of said assessments to be paid in full by the County immediately upon its acquisition of said prop- erties. Included within said payment shall be accrued interest computed pursuant to M.S. 5429.061. 8.02. Tax Equivalents. In the event the Metropolitan Council of the in Cities fails or declines to pay to the City tax equivalents under M.S. 5473.341, it is agreed that said tax equivalents shall be paid by the County to the City upon demand. 803. 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 S06 day of, 1984, by the City of Chanhassen. ATTEST: Ci"Clerkanager CITY OF CHANHASSEN 4 Z By:i6r'W4 Mayor Executed this _Z�fA_day of a_ce.01964, by the Board of Commissioners of Carver County. ATTEST: AJC, ount� xecutive Se retary BOARD OF COMMISSIONERS OF CARVER COUNTY By y -5- CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ADDENDUM "A„ AMENDMENT TO CONDITIONAL USE PERMIT #75-2 LAKE MINNEWASHTA REGIONAL PARK AGREEMENT dated February 28, 2005, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Carver County Parks, (the "County"). 1. BACKGOUND. The City previously approved a conditional use permit in 1975 for a regional park on land located on the eastern shore of Lake Minnewashta in Chanhassen. Legal description is attached as "Exhibit A". In 1983 and 1984 the City amended that conditional use permit. 2. PRIOR PERMITS. The City and County entered into and executed Conditional Use Permit #75-2, dated November 21, 1977. Conditional Use Permit 75-2 was amended, dated September 12, 1983, document no. 62114 recorded November 9, 1983. Conditional Use Permit 75- 2 was amended, dated October 5, 1984, document no. 68828 recorded December 24, 1984 (hereinafter the "Conditional Use Permit"). Except as specifically modified and amended by this Addendum "A", the Conditional Use Permit shall remain in full force and effect. 3. MODIFICATIONS. The Conditional Use Permit is modified and amended as follows: Section 6.04 Lake Access is amended to read as follows: 6.04. Lake Access. A watercraft access to Lake Mmnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access is to be surface zoned "Slow — No Wake" with signage at the launch site and in Little Minne Bay and have a capacity of 10 car/trailer spaces. An additional access having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2°d Access" marked Official Copy." 4. RECORDING. This Addendum "A" shall be duly recorded against the subject property. IN WITNESS WHEREOF this Addendum "A" was executed by the parties the day and year first above written. CITY OF CHANHASSEN 4V (SEAL) Thomas A. Furlong, Mayor Todd Gerhardt, City Manager CARVER COUNTY PARKS Its STATE OF MINNESOTA ) (as COUNTY OF CARVER 1 The foregoing instrument was acknowledged before me this_day of 20_, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA (ss. COUNTY OF NOTARY PUBLIC The foregoing instrument was acknowledged before me this _ day of 20 by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Addendum "A" to Conditional Use Permit #75-2, affirm and consent to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this_ day of 20_ STATE OF MINNESOTA (ss COUNTY OF The foregoing instrument was acknowledged before me this 20—, by DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 3 day of NOTARY PUBLIC Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl' John F. Kelly Soren M. Mattick Henry A. Schaeffer, III Marguerite M. McCarron Gina M. Brandt • Also Licenn:d in Wisco=n 1380 Corporate Center Curr Suite 317 • Eagan, MN 5512! 651-452-5000 Fax 651-452-5550 www.ck-law.com CAMPBELL KNUTSON Professional Association Direct Dial (651) 234-6222 E -mad Address. snelson(ack-law.com August 9, 2005 Ms. Kim Meuwissen Chanhassen City Hall 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: Recorded Documents — Addendum "A" Amendment to Conditional Use Permit #75-2 (Lake Minnewashta Regional Park) W" C4 ;I RECEIVED AUG 1 1 2005 CITY OF CHANHASSEN Enclosed for the City's files please find original Addendum "A" Amendment to Conditional Use Permit #75-2 for Lake Minnewashta Regional Park., which was recorded with the County on June 28, 2005 as Document No. T153339. SRN:ms Enclosure Regards, CAMPBELL KNUTSON Professional Association BY ,1 X10 0� Si)an R. Nelson, Legal Jkssistant $CANNED 0 0 Document No. 111111111111111111l OFFICE OF THE REGISTRAR OF TITLES CARVER COUNTY, MINNESOTA Check # 14369 Fee $ 29.50 Cert # 21571 Certified and filed on 06-28-2005 at 2005-06-28 111111111111111111111111111111 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ADDENDUM "A„ AMENDMENT TO CONDITIONAL USE PERMIT #75-2 LAKE MINNEWASHTA REGIONAL PARK 09:00 IAM EI PM Carl W. Hanson, Jr Registrar of Titles AGREEMENT dated February 28, 2005, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Carver County Parks, (the "County"). 1. BACKGOUND. The City previously approved a conditional use permit in 1975 for a regional park on land located on the eastern shore of Lake Minnewashta in Chanhassen. Legal description is attached as "Exhibit A". In 1983 and 1984 the City amended that conditional use permit. 2. PRIOR PERMITS. The City and County entered into and executed Conditional Use Permit #75-2, dated November 21, 1977. Conditional Use Permit 75-2 was amended, dated September 12, 1983, document no. 62114 recorded November 9, 1983. Conditional Use Permit 75- 2 was amended, dated October 5, 1984, document no. 68828 recorded December 24,1984 (hereinafter the "Conditional Use Permit"). Except as specifically modified and amended by this Addendum "A", the Conditional Use Permit shall remain in full force and effect. 3. MODIFICATIONS. The Conditional Use Permit is modified and amended as follows: Section 6.04 Lake Access is amended to read as follows: Hort Standard Flllnp )) Pursuant to MA, 507.093 _ 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 surface zoned "Slow — No Wake" with signage at the launch site and in Little Minne Bay and have a capacity of 10 car/trailer spaces. An additional access having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2°d Access" marked Official Copy." y �'�''� THIS DOCUMENT WAS RECORBED IN AN ILLEGIBLE CONDITION L-- __ _. __ &c'MMED 4. RECORDING. This Addendum "A" shall be duly recorded against the subject property. IN WITNESS WHEREOF this Addendum "A" was executed by the parties the day and year first above written. (SEAL) STATE OF MINNESOTA ( ss COUNTY OF CARVER ) CITY OF BY: /'A V-1-1 -- Thomas .Furlong Mayor AND: Ala T Gerhardt, City Manager The foregoing instrument was acknowledged before me thisJ!!&y of 2000j'by Thomas A. Furlong, Mayor, and by Todd Gerhardt, respectively the Mayor and City FAanager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. , ) — , ,f (952)227-1100 'KAREN J. ENGELHARDT STATE OF MINNESOTA Notary Public -Minnesota (ss. W Camn"W E rM Jin at, 2870 COUNTY OF C X&Ie Z. ) The foregoing instrument was acknowledged before me this A day of 4 r4' 20eby ,,,iia �� (', . B,.a-Q CAw . &- LrA-- NOTARY PUBLIC DRAFTED BY: City of Chanhassen DIANE M. WABBE 7700 Market Boulevard Notary Pubw-Nunnesota Chanhassen, MN 55317 , , ; My Comm. EvmJan. 31, 2010 (952)227-1100 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Addendum "A" to Conditional Use Permit #75-2, affirm and consent to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this Ste' day of _M , 20 �S By. C'.A-\ MArvc i .e✓ of the City of Chanhassen STATE OF MINNESOTA ) (ss COUNTY OF d& ttj ) The foreoing instrupiprit was acknowledged before me this Jc"A day of A, 20 a5, by the City Manager of the City of CFianhassen, a Minnesota municipal corporation, on behalf o the corpo ion. N ARY LIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 RI KAREN J.ENGELHARDT ti Public-Minnesota "'. //My COMMINlon EXPree JM 31, 2010 ,p, ES�F_J PTION CF ADJOINING PPOF_-OWNERS (Cunti+ucd)• •, Exhibit A Chea -Mar Realty Company (Book t 16, -- Page 515 of Deeds) Those parts of the Northeast Quarter of the Northwest Quarter and of the Northwest Quarter of the Northeast Quarter of Section 9, Township 1115 North, Range 23 West of the 5th Principal Meridian described as,follows: Commencing at the southwest comer of said Northeast Quarter of the Northwest Quarter; thence easterly, along the southerly line of said Northeast Quarter of the Northwest 'Quarter, a distance of 625.00 Feet, to the point of beginning of the land tO be described; thence north- easterly, deflecting to the left 67 degrees 00 minutes, a distance of 1010,00 feet; thence southeasterly, deflecting to the right 86 degrees 20 minutes a distance of 050,00 feet; thence northeasterly deflecting to the left eo degrees 20 minutes, a distance of 110 Peet; thence southeasterly, deflecting to the right 90 degrees 00 minutes, to the northwesterly right-of- way line of State Trunk Highway No. 41; thence southwesterly, along said northwesterly right-of-way line, to the south line of said Northwest Quarter of the Northeast Quarter; thence westerly, along the southerly line of said Northwest Quarter of the Northeast Quarter and along the southerly line of said Northeast Quarter of the Northwest Quarter to the point OF beginning; excepting therefrom: That part of the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West of.the 5th Principal Meridian described as follows: Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter OF said Section 9; thence on an assumed bearing of East, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet; thence North 23 degrees 00 minutes 00 seconds East a distance of 1010.00 feet; thence South 70 degrees 40 minutes 00 seconds East a distance of 970.00 feet; thence South 23 degrees 40 min- utes 00 seconds West a distance of 230.00 feet, to the point of beginning of the land to be described; thence North 23 degrees 40 minutes 00 seconds East a distance of 200.00 Feet; thence South 69 degrees 20 minutes 00 seconds East a distance of 315.00 Feet; thence South 78 degrees 20 minutes 00 seconds East to the northwesterly right-of-way line of State Trunk Highway No. 41; thence southwesterly, along said northwesterly right-of-way line, to the intersection with a line which bears South 66 degrees 20 min- utes 00 seconds East from the point of beginning; thence North 66 degrees 20 minutes 00 seconds West to the point of beginning. _. EXCEPT that part described in Book 143, Page 502 or Deeds. Ches-Mar Realty Company (Book 1420 Page 307 of Deeds) Par. I. The South 185.00 feet of Government Lot 1 and that part of the South 185.00 feet of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, lying westerly of the following described line: Commencing at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence easterly, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet to the point of beginning of the line to be described; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet and said tine there terminating. Par. 2. That part of Government Lot 1, Section 9, Township 116 North, Range 23 West, of the 5th Principal Meridian, lying westerly of a line 185.00 feet easterly of, measured at a right angle to and parallel with the west line of the Northwest Quarter of said Section 9 and which lies southerly of a line 680.00 feet northerly of, measured at a right angle to and parallel with the south line of said Government Lot 1. EXCEPT the South 185.00 feet thereof. EXISTING DESCRIPTIONS: County of Carver (Book 142, Page 214 of Deeds) Parcel 1. Government Lot 4 and the Northeast Quarter of the Southeast Quarter of Section 4, i, Township 116 North, Range 23 West of the 5th Principal Meridian. Parcel 2. That part of the following described property: That part of Government Lot 3, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian lying easterly of the southerly extension of the east line of Government Lot 2' in said Section 4. The Southeast Quarter of the Northeast Quarter OF Section 4, Township 116 North, Range ` 23 West of the 5th Principal Meridian. Which lies southerly of a line described as follows: Commencing at a point on the north line of said Government Lot 3, distant 680,00 feet easterly from the southeast corner of Government Lot.2 in said Section 4; thence south, parallel with the east line of the Northeast Quarter of said Section 4, a distance of 396.00 feet, to a point hereinafter referred to as "Point A"; thence southwesterly, to a point on the southerly extension of the east line of said Government Lot 2, distant 550.00 feet southerly from said Southeast corner, to the point of beginning of the line to be described; thence northeasterly, a distance of 696.19 feet to the above referenced "Point A"; thence east, parallel with the north line of said Government Lot 3 and the north line of said Southeast Quarter of the Northeast Quarter, a distance of 1938.44 Feet, to the east line of said Southeast Quarter of the Northeast Quarter and said line there terminating. The. above described properties contain 108.98 acres, more or less. The Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of said Section 4 are subject to easements for i public right-of-way purposes in Trunk Highway No. 41 and Old Trunk Highway No, 41, p . 0 0 Ches-Mar Realty Company (Book 121, Page 83 of Deeds and -- Book 128, Page 291 of Deeds) ,That part of Government Lot 5, Section 4, Township 116 North, Range 23 West of the 5th Principal LI Meridian descrihed as fuli�ws: Comment Lig at the southwest comer of the Northeast Quarter of the Nurhhwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly along the southerly line of Said Northeast Quarter of the Northwest Quarter a distance of 625.00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet; thence southeasterly deflecting to the right 85 degrees 20 minutes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, .a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 zeconds, a distance of 750.00 feet; thence northeasterly, deflecting to the right 115 degrees 00 minutes 00 seconds, a distance of 535.00 feet; thence northwesterly, de- flecting to the left 116 degrees 00 minutes 00 seconds, a distance of 275.00 feet to the point of beginning of the land to be described; thence continuing northwesterly, along the last described line, a distance of 390 Feet, more or less, to the shore line of Lake Minnewashta; thence north- erly, along said shore line, to the north line of said Government Lot 5; thence easterly, along said north tine, to a point distant 198.00 feet westerly from the northeast comer of said Govern- ment Lot 5; thence southerly, deflecting to the right 104 degrees 57 minutes 00 seconds, a distance of 247.50 feet; thence easterly to a point on the east line of said Government Lot 5 distant 313.50 feet southerly From the northeast comer Of said Government Lot 5; thence southerly, along said east line, a distance of 315.00 feet; thence northwesterly, deflecting to the right 112 degrees 00 minutes 00 seconds, a distance of 365.00 feet; thence westerly to the point of beginning. The above described property contains 11.00 acres, more or less, and is subject to an easement for public right-of-way purposes in Old State Highway No. 41. Ches-Mar, Realty Company (Book 127, Page 191 of Deeds) , ,,That part of Government Lot 5, Section 4, Township 116 North, Range 23 West of the 5th Principal ' Meridian described as follows: Commencing at the southwest comer of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minute4 00 seconds, a distance of 1010.00 feet; thence southeasterly deflecting to the right 85 degrees 20 jninutes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a dis- tance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 Seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 sec- onds; a distance of 750.00 feet; thence northeasterly, deflecting to the right 11;5 degrees 00 minutes 00 seconds, a distance of 535.00 feet to a point hereinafter referred to, as "Point A";, thence northwesterly, deflecting to the left 116 degrees 00 minutes 00 seconds, a distance of 275.00 feet to the point of beginning of the land to be described; thence southeasterly, along the last described line, a distance of 275.00 Feet to said "Point A"; thence southwesterly, deflecting to the right 116 degrees 00 minutes 00 seconds, a distance of 535.00 feet; thence southeasterly, deflecting to the left 115 degrees 00 minutes 00 seconds, a distance of 325.00 feet; thence easterly, parallel with the south line of said Government Lot 5, to the east line of said Government Lot 5; thence northerly, along said east line, to a point distant 628.50 feet southerly from the northeast corner of said Government Lot 5; thence northwesterly, deflecting to the right 68 degrees 00 min- utes 00 seconds, a distance of 365.00 Peet; thence westerly to the point of beginning., The above described property contains 10.00 acres, more or less, excluding highway, and is subject to an easement for public right-of-way purposes in Old State Highway No. 41. Ches-Mar Realty Company (Book 118, Page 353 of Deeds and Book 128, Page 291 of Deeds) Those parts of Government Lots 5 and 6, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the southwest comer of the No Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly along the southerly tine of said Northeast Quarter of the Northwest Quarter a distance of 625.00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet; thence southeasterly, deflecting to the right 86 degrees 20 minutes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 750.00 feet; thence northeasterly, deflecting to the rtgit 115 degrees 00 minutes 00 seconds, a distance of 535.00 feet to a point hereinafter referred to as "Point A"; thence north- westerly deflecting to the left 116 degrees 00 minutes OQ seconds, a distance of 665 feet, more'or less, to the shore line of Lake Minnewashta and the point of beginning of the land to be described; thence southeasterly, along the last described line, to said "Point A"; thence southwesterly, de- flecting to the right 116 degrees 00 minutes 00 seconds, a distance of 1005.00 feet; thence westerly, deflecting to the right 4B degrees 00 minutes 00 seconds, a distance of 390.00 feet; thence north- westerly deflecting to the right 50 degrees 00 minutes 00 seconds, a distance of 550.00 feet; thence northeasterly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 250 feet, more or less, to the shore line of Lake Minnewashta; thence easterly along said shore line to the point of beginning. EXCEPT that part of the above described property which lies northerly of the following described line: Commencing at the southwest comer of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a ry, distance of 149.00 feet; thence North 29 degrees 15 minutes 00 seconds East a distance of 256.30 feet; thence South 67 degrees 15 minutes 00 seconds East a distance of 330.80 feet; thence North 71 degrees 15 minutes 00 seconds East a distance of 460,00 feet; thence North 52 degrees 00 min- utes 00 seconds East a distance of 420.00 feet; thence South 52 degrees 00 minutes 00 seconds East a distance of 580.00 feet; thence South 15 degrees 00 minutes 00 seconds East a distance of 1060.00 feet to the beginning of the line to be described; thence North 75 degrees 00 minutes 00 'seconds East a distance of 350.00 feet and said line there terminating. The above described property contains 12.30 acres, more or less. Ches-Mar, Realty Company (Book 118, Fe275 of Deeds • and Book 128, Page 291 of Deeds) Those parts of Government Lots 5 and 6, of SectL,n 4, and those parts of the Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section 9, all in Township 116 North, Range 23 West of the 5th .Principal Meridian described as fnll.,ws: Commencing at the southwest comer of sold Northeast Quarter of the Northwest Quarter; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010,00 feet to the beginning of the land to be described; thence southeasterly, deflecting W the right 86 degrees 20 minutes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250,00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance Of 750,00 feet; thence southwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 470.00 feet; thence westerly, deflecting to the right 48 degrees 00 minutes 00 seconds, a distance of 390.00 feet; thence northwesterly, deflecting to the right 50 degrees 00 minutes 00 seconds, a distance of 550.01) feet; thence southwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 60.00 feet; thence southeasterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 577.98 feet; thence easterly deflecting to the left 50 degrees 00 minutes 00 seconds, a distance of 425.00 feet; thence southerly a distance of 500 Feet, more or less, to the point Of beginning. EXCEPT that part of the above described property which lies northerly of the following described line: Commencing at the southwest comer of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes 00 seconds East a distance of 256.30 Feet; thence South 57 degrees 15 minutes 00 seconds East a distance of 330.80 feet; thence North 71 degrees 15 minutes 00 seconds East a distance of 460.00 feet; thence North 52 degrees 00 minutes 00 seconds East a distance of 420.00 feet; thence South 52 degrees 00 minutes 00 seconds East a distance of 580.00 feet; thence South 15 degrees 00 minutes 00 seconds East a distance of 1080.00 Feet to the beginning of the line to be described; thence North 75 degrees 00' minutes 00 seconds East a distance of 350.00 feet and said line there terminating. es -Mar Realty Company (Book 128, Page 297 of Deeds) Parcel 1. ) /Those parts of Government Lot 5, Section 4, and the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, Carver County, State of Minnesota, described as follows: Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 9, thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 625,00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet; thence southeasterly, deflecting to the right 86 degrees 20 minutes 00 seconds, a distaAce of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a distance of 500,00 Fee(; thence northerly deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250,00 feet; thence northwesterly, deflecting to the left 65 degree, 00 minutes 00 seconds, a distance of 425.00 feet to the point of beginning of the land to be described; thence south- easterly, deflecting to the left 180 degrees 00 minutes 00 seconds, a distance of 425,00 feet;�thence southerly, deflect - Ing to the right 65 degrees 00 minutes 00 seconds a distance of 250.00 Feet; thence southwesterly, deflecting to the right 15 degrees 00 minutes 00 seconds, a distance o• 390.00 feet; thence southeasterly, deflecting to the left 90 degree 00 minutes 00 seconds, to the northwesterly rightroi way line of State Highway No, 41; thence 'southwesterly, along said northwesterly right-oF-way line, to the south line of the Northwest Quarter of the Northeast Quarter of said Sectio: 9; thence easterly, along the south line of said Northwest Quarter of the Northeast Quarter, to the southeast comer of said Northwest Quarter of the Northeast Quarter; thence northerly, along the east line of said Northwest Quarter of the Northeast Quarter, to the northeast comer of said Northwest Quarter of the Northeast Quarter and the southeast comer of Government Lot 5 of said Section 4; thence northerly, along the east line of said Government Lot 5, to the inter- section with a line drawn easterly from the point of beginning and parallel with the south line of said Government Lot Si thence westerly, along said parallel line, to the pow d of beginning, EXCEPTING from the above described property the four following described parcels of land: EXCEPTION NO. 1 That part of the Northwest Quarter Of the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, Carver County, State of Minnesota, described as follows: Beginning at the southeast corner of said Northwest Quarter of the Northeast Quarter running thence northerly along the east line of said Northwest Quarter of the Northeast Quarter a distance of 960 feet, running thence due west to the westerly line of the right-of-way of State Trunk Highway No, 41, running thence southerly along the westerly line of the right-of-way of said Highway to its point of intersection with the south line of said Northwest Quarter of the Northeast Quarter, running thence easterly to the point of beginning, , EXCEPTION NO, 2 That part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section Nine (9), Township One Hundrec Sixteen (116), Range Twenty-three (23), Carver County, Minnesota, described as follows: Beginning at a point to the North line of said Section Nine (9), distant Three Hundred Sixty -Five and Six Tenths (365.6) Feet West of the Northeast comer of said Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4), thence South 1 degree 44 minutes West, One Hundred Forth Five and Three Tenths (145.3) feet to the actual point of beginning of the tract to be described; thence continuing South 1 degree 44 minutes West Two Hundred Eight and Seventy-Cne Hundredths (208.71) feet; thence South 87 degrees 26 minutes East Two Hundred Eight and Seventy Ct.e Hundredth (208,71) feet to the Westerly line of Trunk Highway Number Forty One (41); thence North 1 degree 44 minutes East along said Westerly Highway line Two Hundred Eight and Seventy Cne Hundredths (208.71) feet; thence North 87 degrees 26 minutes West, Two Hundred Eight and Seventy One Hundredths (208.71) feet to the place of beginning, , EXCEPTICN NO. 3 That part of Government Lot 5, Section 4, and the Northwest Quarter of the Northeast Quarter of Section 9, Township tit. Range 23, Carvor County, Minnesota, described as follows: Beginning at a point on the north line of said Section 9. distant 365.6 feet west of the northeast corner of said Northwest Quarter of the Northeast Quarter; thence North 1 degree 44 minutes East 63.41 feet; thence South 87 degrees 26 minutes East 208.71 feet to the westerly line of the right of way of Trunk Highway Number Forty Cne (41); thence South 1 degree 44 minutes West along the West line of said Highway 53.41 feet to the North line of said Section 9; thence continuing southerly along the West line of said Highway 155.3 feet; thence North 87 degrees 26 minutes West 208.71 feet; thence North 1 degree 44 minutes East 145.3 feet to the North line of said Section 9 which is the place of beginning. ea 1 R (yp[p P 9 .' �nr.� � u+v ucxntr l ruly� i nntLwan): Ches-Mar Realty Comp itix+k 126, Page 2d7 of Deeds) (Continued) EXCEPTION NO. 4 "That part of the Northwest Quarter of the N:+rtheart Quarter of Seed n III Township 1 ir., Large 23, Carver County, Minnesota, descrihed as follows: Beginning at a point in the North line of said Section a distant 365.tl toot West of trio Northeast corner of said Northwest Quarter of the Nurtheast Quarter; thence South 1 degree 44 minutes West a distance of 446,11 feet to the actual point of beginning of the tract to be described; thence continuing South 1 degree 44 minutes West a distance of 1e0,05 feet; thence South 70 degrees 39 minutes East a distance of 203,75 feet to the Westerly right of way line of State Trunk Highway Number 41; thence North 14 degrees 52 minutes East along said Westerly right Of way line a distance of C5,9 feet; thence North I degree 44 minutes East along said.Westerly right of way line a distance of 174,3 feet; thence North 67 degrees 26 minutes West a distance M 206.71 feet to the point of beginning. The above described property contains 5,00 acres, more or less, excluding highways, and is sun- ject to easements for public right-of-way purposes in State Highway No, 41 and Old State High_ No, 41. Parcel I1: Those parts of Government Lots 6 and 71 Secti:,n 4, Township 116 North, Range 23 West or the 5th Principal Meridian, Carver County, Minnesota, described as follows: Commencing at the southwest corner of said Section 4; thence on an assumed hearing or North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a hear- ing of West a distance of 149,00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance of 330.60 feet; thence North 71 degrees 15 minutes East a distaice'of 460.00 feet to the beginning of the land to he described; thence North 52 degrees 00 minutes East a distance of 420.00 feet; thence South 52 degrees 00 minutes East a distance of 580.00 feet; thence South 74 degrees 00 minutes West a distance of 503.73 feet to the intersection with a line bearing South 52 degrees 00 minutes East from the point of beginning; thence North 52 degrees 00 minutes West a distance of 385.52 feet to the point of beginning. The above described property contains 4,50 acres, more or less. Ches-Mar Realty Company (Book 116, Page 548 of Deeds and Book 128, Page 291 of Deeds) That partof Government Lot 1, Section 5, Township 116 North, Range 23 West of the 5th Principal "! Meridian described as follows: Commencing at the southeast corner of said Section 5; thence on an assumed bearing of North, along the east line of said Section 5, a distance of 1523.00 feet; thence on a bear- ing of West a distance of 149,00 feet, to the point of beginning of the land to be described; thence North 29 degrees 15 minutes East a distance of 255.30 feet; thence South 67 degrees 15 minutes East a distance of 25,77 feet, more or less, to the east line Of said Section 5; thence on a bearing of North along said east line to the shore line of Lake Mtnnewashta; thence westerly, southwesterly, southerly and southeasterly, along said shore line to the (ntorsection with a line bearing South 29 degrees 15 minutes West from tine point of begin- ning; thence North 29 degrees 15 minutes East to the point of beginning, ?hose parts of Government Lots 6 and 7, Section 4, Township 116 North, Range 23 West of the t' 5th Principal Meridian described as follows: Commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523,00 feet; thence on a bear- ing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance Of 330.80 feet, to the point of beginning of the land to be described; thence Nnrth 71 degrees 15 minutes East a distance of 460.00 feet; thence North 52 degrees 00 minutes East a distance of 420.00 feet; thence South 52 degrees 00 minutes East a distance of 5so feet; thence South 15 degrees 00 minutes East a distance of 1060,00 feet; thence North 75 degrees OO minutes East a dis- tance of 350.00 feet, more or less, to the shore line of Lake Minnewashta; thence northerly, northeasterly, northwesterly, westerly and southwesterly, along said shore line to the west line of said Section 4; thence on a bearing of South, along said west line, to fine intersection with a tine bearing North 67 degrees 15 minutes West from the point of hoginnirxl; thence South 67 degrees 15 minutes East a distance of 305.03 feet to the p:,int gf beginning. Containing 33.10 acres above the high water line Of Lake Minnewashta. County of Carver (Book 147, Page 450 OF Deeds) /�Thoae parts or Government Lot One (1) in Section Five (5) and Government Lot Seven (7) in Section Four (4), Township One Hundred Sixteen (116), Range Twenty-three (23), Carver County, Minnesota, described as follows: Beginning at a point in the West line of said Section Four (4) distant Fifteen Hundred Twenty three (1523) feet North of the Southwest corner thereof, (the West line of said Section Four (4) is assumed to be Due North and South for the purpose of this description); thence We West One Hundred Forty Nine (149) feet to the actual point Of beginning of the tract to be described; thence North Twenty Nine Degrees Fifteen Minutes East (N 29°15' F) a distance of Two Hundred Fifty Six and Three Tenths (256.3) feet; thence South Sixty Seven Degrees Fifteen Minutes East (S67* 15' E)a distance Of Three Hundred Thirty and Eight Tenths (330.8) feet to the beginning of a curve to the right having a radius of Eighty. Six and Seven „ Tenths (86.7) feet and a Delta angle of Fifty Two Degrees Twenty Two Minutes (52° 22'); thence along said curve to the right a distance of One and Ninety Six Hundredths (1.96) feet; thence South Fifty One Degrees Fifteen Minutes West (S 51* 15' W) 'a distance of Four Hundred Three and Nine Tenths (403.9) feet more or less to the shore line of Lake Minnewashta; thence North- westerly along said shore line to its intersection with a line bearing South Twenty Nine Degrees ' Fifteen Minutes West (S 29° 15' W) from the actual point of beginning; thence North Twentv Ni+n• Degrees Fifteen Minutes East (N 290 15' E) to the actual point of heninning, together with the easement contained in that certain deed executed by Chester W. Johnson and Marguerite Prootic+ Johnson, dated December 22, 1949, filed Decemher 23, tU49; Rec, Bonk "47" of Deeds, page 01, Ches-Mar Realty Company (Book 134, Page 212 -- nf Deeds) Ttlnse parts of Government Luta: 0 and 7 of S-ecti ,n a, and that part of Government Lot 1 of Section 5, T.'moship I?-! N. r. \,Range 23 West of the 5th Principal Meridian, lying stutherty and westerly of "Line 3" and northerly of "Line 4" and it westerly extenst.un, Said "Line 3" and "Line 4" are described as follows: "Line 3" is described as c.>mmencing- at the southwest corner of said Section 4; thence on an assumed bearinq ..:f North, along the west line of said Secti;.n 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance of 330.80 feet; thence North 71 degrees 15 minutes East a distance of 460.00 feet to a point hereinafter described as "Point R"; thence North 52 degrees 00 minutes East a distance of 420.00 feet; thencr South 52 degrees 00 minutes East a distance of 580.00 feet; thence South 15 degrees 00 minutes East a distance of 1060.00 feet to the point of beginning or said "Line 3"; thence North 15 degrees 00 minutes West a distance of 1060.00 feet; thence South 74 degrees 00 minutes West a distance of 503.73 feet to the intersection with a line bearing South 52 degrees 00 minutes East from said "Point B"; thence North 52 degrees 00 minutes West a dis- tance of 365.52 feet to said "Point B"; thence South 71 degrees 15 minutes West a distance of 460.00 feet; thence South 51 degrees 15 minutes West to the easterly shore line of Lake Minnewashta and said "Line 3" there terminating "Line 4" Is described as commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1165.00 feet to the point of beginning of said "Line 4"; thence on a bearing of East to the Intersection with said "Line 3" and said "Line 4" there terminating. The above described property contains 16.54 acres, m.+re or less. Ches-Mar Realty Company (Book 142, Page 307 of Deeds) Those parts of Government Lots 6 and 7 of Section 4, and that part of Government Lot 1 of Section 5, Township 116 Nor I Range 23 West of the 5th Principal Meridian, lying westerly of "Line 3", southerly of "Line 4" and its westerly extensior and northerly of "Line 5". Said "Line 3", "Line 4", and "Line 5" are described as follows: "Line 3" is described as commencing at the southwest comer of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523,00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes East a distance of 256,30 feet; thence South 67 degrees 15 minutes East a distance of 330.60 feet; thence North 71 degrees 15 minutes East a distance of 460.00 feet to a point herein- after described as "Point B"; thence North 52 degrees 00 minutes East a distance of 420,00 feet; thence South 52 degrees 00 minutes East a distance of 580.00 feet; thence South 15 degrees 00 minutes East a distance of 1060.00 Feet to the point of beginning of said "Line 3"; thence North 15 degrees 00 minutes West a distance of 1060.00 feet; thence South 74 degrees 00 minutes West a distacne of 503.73 feet to the intersection with a line bearing South 52 - degrees 00 minutes East from said "Point B"; thence North 52 degrees 00 minutes West a distance OF 385.52 feet to said "Point B"; thence South 71 degrees 15 minutes West a distance Of 450,00 feet; thence South 51 degrees 15 minutes West to the easterly shore Line Of Lake Minnewashta and said "Line 3" there terminating. "Line 4" is described as commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1165.00 feet to the point of beginning of said "Line 4"; thence on a bearing of East to the intersection with said "Line 3" and said "Line 4" there terminating, "Line 5" is a line 197.00 feet southerly of, measured at a right angle to and parallel with said "Line 4", The above described property contains 8.00 acres, more or less. Ches-Mar Realty Company (Book 149, Page 438 of Deeds) Those parts of Government Lots 6 and 7, Section 4, and that part of Government Lot 1 of Section 5, Township 116 North Range 23 West of the 5th Principal Meridian, lying westerly of "Line 2" and Its northerly extension,,southerly of "Line 5 and its westerly extension and northerly of "Line 6". Said "Line 2", "Line 5", and "Line 6" are described as follows: "Line 2" is described as commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly, along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance Of 625,00 feet to a point hereinafter referred to as "Point Y"; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet to a point hereinafter referred to as "Point Z"; thence southeasterly, deflecting to the right 66 degrees 20 min- utes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting W the (eft 86 degrees 20 minutes 00 seconds, a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 750.00 feet; thence southwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 470.00 feet; ' thence westerly, deflecting to the right 46 degrees 00 minutes 00 seconds, a distance of 390.00 feet; thence north. - westerly, deflecting to the right 50 degrees 00 minutes 00 seconds, a distance of 550.00 feet; thence southwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 60.00 feet to the beginning of said "Line 2"; thence southeasterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 577,98 feet; thence easterly, deflecting to the left 50 degrees 00 minutes 00 seconds, a distance of 425.00 feet; thence southerly a dis- tance of 500 feet, more or less, to said "Point Z"; thence southwesterly a distance of 1010.00 feet to said "Point Y" and said "Line 2" there terminating. "Line 5" is described as commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 968.00 feet to the point of beginning of said "Line 5"; thence on a bearing of East to the shore line of Lake Minnewashta and said "Line 5" there term hating, "Line 6" is a line 455.00 feet southerly of, measured at a right angle to and parallel with said "Line 5". EXCEPTING therefrom that part of said Government Lot 6 embraced within the following described property: Those parts of Government Lots 6 and 7, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridi described as follows: Commencing at the southwest comer of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance of 330.80 feet, to the point of beginning of the land to be described; thence North 71 degrees 15 minutes East a distance of 460.00 feet; thence North 52 degrees 00 minutes East a distance of 420.00 feet;, 1C thence South 52 degrees 00 minutes East a distance of 580.00 feet; thence South 15 degrees 00 minutes East a distance of 1060.00 feet; thence North 75 degrees 00 minutes East a distance of 350.00 feet, more of less, to the shore line of Lake Minnewashta; thence northerly, northeasterly, northwesterly, westerly and south- westerly, along said shore line to the west line of said Section 4; thence on a bearing of South, along said west line, to the intersection with a line bearing North 67 degrees 15 minutes West from the point of beginning; thence South 67 degrees 15 minutes East a distance of 305.03 feet to the point of beginning. The tlbove described property contains 19.00 acres, more or less. Govgrnmal.t Lot I in Sech .n 5, T•+wnship I[,;, Range 23, Government Lot 5 r,r Section 4, Township 116, Range 23, excepting that part .,f said Government Lot Conveyed to Luther F, Dickinson, described as follows: Commencing at the northeast corner :,f said Lot 5; thence running West along the North line about 12 rods to a ravine; thence West of S.,ulh along the ravine about 15 rods; thence along the ravine South of East about 16 and 1/2 rods to intersect `'the East line of said Lot 5; thence along the East line running North about 19 rods to the place of beginning; Also, Government Lots 6 and 7 in Section 4, Township 116, Range 23, the Northwest Quarter of the Northeast ijuarter of Section 0, Township 116, Range 23 except that part of said Northwest Quarter of the Northeast Quarter described as follaiws: Commencing at the southeast corner of said Northwest Quarter of the Northeast Quarter running thence northerly along the east line of said Northwest Quarter of the Northeast Quarter a distance of 960 feet, running thence due West to the easterly line of the right-of-way of State Trunk Highway No. 12, running thence southerly along the easterly line of the right of way of said Highway to its point Of intersection with the s -:loth tine of said Northwest Quarter of the Northeast Quarter, running thence easterly to the point of beginning, Also, all of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116, Range 23, all of Govern- ment Lot 12 Section 0, Township 116, Range 23. EXCEPTING FROM ALL OF THE AROVE-bESCRIRED PROPERTY THE FOLLOWING: I. Those parts of the lands described atove described in Deeds of record in the office of the Register of Deeds Of Carver County, Minnesota in Book 53 of Deeds, page 116, Book 47 of Deeds, page 501, Book 47 of Deeds, page 544 and Book 60 of Deeds, page 97. 11. Those parts of the Northeast Quarter of the Northwest Quarter and of the Northwest Quarter of the North- east Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian described as folbws: Commencing at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence easterly, along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet, to the point of beginning of the land to be described; thence northeasterly, deflecting to the left G7 degrees 00 minutes, a distance of 1010.00 feet; thence southeasterly, deflecting W the right 86'degrees 20 minutes a distance of 950.00 feet; thence northeasterly deflecting to the left 86 degrees 20 minutes, a distance of 110.00 feet; thence southeasterly, deflecting to the right 90 degrees 00 minutes, to the northwesterly right-of-way line of State Trunk Highway No. 41; thence southwesterly, along said northwesterly right-of-way line, to the south line of said Northwest Quarter of the Northeast Quarter; thence westerly, along the southerly line of said Northwest Quarter of the Northeast Quarter and along the southerly line of said Northeast Quarter of the Northwest Quarter to the point of begin- ning, excepting therefrom the following: That part of the Northwest Quarter of. the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the southwest corner of the Northeast Quarter OF the Northwest Quarter of said Section 9; thence On an assumed bearing of East, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 625,00 feet; thence North 23 degrees 00 minutes 00 seconds East a distance of 1010.00 feet; thence South 70 degrees 40 minutes 00 seconds East a distance of 970,00 feet; thence South 23 degrees 40 minutes 00 seconds West a distance of 230.00 feet, to the point of beginning of the land to be described; thence North 23 degrees 40 minutes 00 seconds East a distance Of 200,00 feet; thence South 69 degrees 20 minutes 00 seconds East a distance Of 315.00 feet; thence South 78 degrees 20 minutes 00 seconds East to the northwesterly right-of-way line of State Trunk Highway No. 41; thence southwesterly, along said northwesterly right-of-way tine, to the intersection with a line which bears South 66 degrees 20 minutes 00 seconds East From the point Of beginning; thence North 66 degrees 20 minutes 00 seconds West to the point of beginnino, III. A, That par[ of Government Lot 1, Secti Jn 5, Township 116 North, Range 23 West of the 5th Principal Mer- idian described as follows: Commencing at the southeast corner of said Section 5; thence on an assumed bearing of North, along the east line of said Section 5, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 Feet, to the point of beginning ;,f the land to be described; thence North 29 degrees 15 minutes East a distance of 258.30 feet; thence South 67 degrees 15 minutes East a distance of 25.77 feet, more or less, to the east tine of said Section 5; thence on a bearing of North along said east line to the shore line of Lake Minnewashta; thence westerly, southwesterly, southerly, and southeasterly, along said shore line to the intersection with a line bearing South 29 degrees 15 minutes West from the point of beginning; thence North 29 degrees 1L minutes East to the point of beginning, R. Those parts of Government Lots 6 and 7, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 Feet; thence North 29 degrees 15 minutes East a distance of 256,30 feet; thence South 67 de- grees 15 minutes East a distance of 330.80 feet, to the point of beginning of the land to be described; thence North 71 degrees 15 minutes East a distance of 460.00 feet; thence North 52 degrees 00 min- utes East a distance of 420.00 'feet; thence South 52 degrees 00 minutes East a distance of 580.00 feet; thence South 15 degrees 00 minutes East a distance of 1060.00 feet; thence North 75 degrees 00 minutes East a distance of 350.00 feet, more or less, to the shore line of Lake Minnewashta; thence northerly, northeasterly, northwesterly, westerly and southwesterly, along said shore line to the west line of said Section 4; thence on a bearing of South, along said west line, to the intersection with a line bearing North C7 degrees 15 minutes West from the point of beginning; thence South 67 degrees 15 minutes East a distance of 305.03 feet to the point of beginning. IV. Those parts of Government Lots 5 and 6, of Section 4, and those parts of the Northwest Quarter of the Northeast Quarter, and the Northeast Quarter of the Northwest Quarter of Section 9, all in Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: 1: Commencing at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence easterly along the southerly tine of said Northeast Quarter of the Northwest Quarter, a distance f - of 625,00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet to the beginning of the land to be described; thence southeasterly, de- flecting to the right 86 degrees 20 minutes 00 seconds, a distance of 950.00 feet; thence north- easterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left G5 degrees 00 minutes 00 seconds, a distance of 750.00 feet; thence southwesterly, deflecting to the left C5 degrees 00 minutes 00 seconds, a distance of 470.00 feet; thence westerly, deflecting tO the right 4Ei degrees 00 minutes 00 seconds, a distance of 390.00 feet; thence northwesterly, deflecting to the right 50 degrees 00 minutes 00 seconds, a distance of 550.00 feet; thence south,:esterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 60.00 feet; thence southeasterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 577.98 feet; thence easterly, deflecting W the left 50 degrees 00 minutes 00 seconds, a distance of 425.0d feet; thence southerly a distance of 500 feet, more or less, to the point of heginning, EXISTING DESCRIPTIONS (Continued): Ches-Mar Realty Company (Book 156, Page 100 of Deeds) (Continued) IV. (Continued) EXCEPT that part of the above described property which lies northerly of the following described line: Commencing at the southwest corner of said Section 4; thence on an assumed hearing Of North, along the west line of said Section 4, a distance Of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes 00 seconds East a distance of 256.30 feet; thence South 67 degrees 1.5 minutes 00 seconds East a distance of 330.80 feet; thence North 71 degrees 15 minutes 00 seconds East a distance of 460.00 feet; thence North 52 degrees 00 minutes 00 seconds East a distance of 420.00 feet; thence South 52 degrees 00 minutes 00 seconds East a distance of 580.00 feet; thence South 15 degrees 00 minutes 00 seconds East a distance of 1060.00 feet to the beginning of the line to be described; thence North 75 degrees 00 minutes 00 seconds East a distance of 350.00 feet and said line there terminating. V. Those parts of Government Lots 5 and 6, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the Southwest comer of the Northeast. Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter a distance of 625.00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet; thence southeasterly deflecting to the right 86 degrees 20 minutes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 750.00 feet; thence northeasterly, deflecting to the right 115 degrees 00 minutes 00 seconds, a distance of 535.00 feet to a point hereinafter referred to as "Point A"; thence northwesterly deflecting to the left 118 degrees 00 minutes 00 seconds, a distance of 665 feet, more or less, to the shore line of Lake Minnewashta and the point of beginning Of the land to be described; thence southeasterly, along the last described line, to said "Point A"; thence southwesterly, deflecting to the right 116 degrees 00 minutes 00 seconds, a distance of 1005.00 feet; thence westerly, deflecting to the right 4e degrees 00 minutes 00 seconds, a distance of 390.00 feet; thence northwesterly, deflecting to the right 50 degrees 00 minutes 00 seconds, a distance. of 550.00 feet; thence northeasterly, deflecting to the right 90 de- grees 00 minutes 00 seconds, a distance of 250 feet, more or less, to the shore line of Lake Minnewashta; thence easterly along said shore line to the point of beginning. EXCEPT that part of the above described property which lies northerly of the following described line: Commencing at the southwest corner Of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes 00 seconds East a distance of 256.30 feet; thence South 67 degrees 15 minutes 00 seconds East a distance of 330.80 feet; thence North 71 degrees 15 minutes 00 seconds East a distance of 466.00 feet; thence North 521 degrees 00 minutes 00 seconds East a distance of 420.00 feet; thence South 52 degrees 00 minutes 00 seconds East a distance of 580.00 feet; thence South 15 degrees. 00 minutes 00 seconds East a distance Of 1060.00 feet to the beginning of the line to be described; thence North 75 degrees 00 minutes 00 seconds East a distance of 350.00 feet and said line there terminating. VI. Portions heretofore conveyed by Warranty Deed to the Ches Mar Realty Company. P;S; PCSED DESCRIPTION 1�20'GISTRATICN; • -"�'ww Par. 1: Govemm_nt Lot If. Section 5, Township 116 North, Range 23 Wcgt of the. 5th Principal Meridian, and accretions thereto. Par. 2: Givernment Lot 7, Section 4, Township 115 North, Range 23 West of the 5th Principal Meridian, and accretions thereto In Sections 4 and 5, Par, a: Government Lot 4 and Government Lot 6, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian, and accretions thereto. Par. 4: The Northeast Quarter of the Southeast Quarter of Section 4. Township 116 North, Range 23 West of the 5th Principal Meridian. Subject to easements for public right-of-way purposes in Trunk Highway No. 41 and in Cld Trunk Highway No. 41. Also subject to an easement for electric transmission line purposes, over and across the cast 75.00 feet. Par, 5: Those parts of the following described properties: That part of Government Lot 3, Section 4, Township 116 Borth, Range 23 West of the 5th Principal Meridian, and accretions thereto, tying easterly of the southerly extension of the east line of Government Lot 2 in said Section 4; and ' The Southeast Quarter of the Northeast Quarter of Section 4, Township 113 North, Range 23 West of the 5th Principal Meridian. Which lie southerly of a line described as follows: Commencing at a point on the north line of said Government Lot 3, distant 580.00 feet easterly from the southeast comer of Governmuvit Lot 2 in said Section 4; thence south, parallel with the east line of the Northeast Quarter of said Section 4, a distance of 396.00 feet, to a point hereinafter referred to as "Point A"; thence southwesterly, to a point on the southerly extension of the east line of said Government Lot 2, distant 550.00 feet southerly from said southeast corner, to the point of begio�-ib.g of the line to be described; thence northeasterly, a distance- of 696.19 feet to the above mentioned "Point A"; thence east, parallel with the north line of said Government Lot 3. and the north line of said Southeast Quarter of the Northeast Quarter, a distance of 1938.44 Feet, to the east line of said Southeast Quarter of the Northeast Quarter and said line there terminating. The Southeast Quarter of the Northeast Quarter of said Section 4 is subject to easements for public right-of-way purposes in Trunk Highway No. 41 and in Old Trunk Highway No. 41, r The Southeast Quarter of the Northeast Quarter of said Section 4 is also subject to an easement for electt'ic transmission line purposes over and across part of the east 75.00 feet of said Southeast Quarter of the Northeast Quarter. Par. 5: That part of Government Lot 1, Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, and accretions thereto in Sections 8 and 9, which lies north of the south 185.00 feet of said Government Lot i and tying easterly and northerly of a line described as follows: Beginning at the intersection of the south line of said Government Lot I and the east line OF the most westerly 185.00 feet of said Government Lot 1; thence on an assumed bearing of Norfh O degrees 19 minutes 29 seconds East, parallel with the most westerly line of said Government Lot 1, a distance of 680.08 feet, to the north line of the south 680.00 feet of said Government Lot 1; thence North 86 degrees 50 m;nutes 03 seconds West, parallel with said south line, a distance of 185,02 feet to said most westerly line and said line there terminating. Par. 7: That part of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian which lies north of the south 185,00 feet of said Northeast Quarter of the Northwest Quarter and lying westerly pnd northerly of a line described as follows: Commencing at the southwest comer of said Northeast Quarter of the Northwest Quarter; thence easterly, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet, to the point of beginning of the line to be described; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet; thence southeasterly, deflecting to -the right eG degrees 20 minutes 00 seconds, a distance of 260.12 feet, to the east line of said Northeast Quarter of the Northwest Quarter and said line there terminating. . t�. JdJ ' � C f;ar, 8;That part, of Goye 1t Lot 5, Section 4, Township 116 Range 23 'West dF-the 5th , Principal Meririlat*,d accretions thereto, described as f* 9 Commencing at the northeast corner of said Governm_nt Lot 5; thence on an assumed bearing of South 89 degrees 49 minutes 20 seconds West, along the north line of said Government Lot 5, a distance of 198.00 feet, to the point of beginning Of the land to be described; thence South 14 degrees 46 nn.nutes 20 seconds West a distance of 247.50 Feet; thence South 73 degrees 36 minutes 08 seconds East, a distance of 259.79 feet, to a point on the east line of said Government Lot 5, distant 313.50 feet southerly from the northeast comer of said Government Lot 5; thence South 2 degrees 10 minutes 18 seconds West, along said east line, a distance of 993.21 feet, to the southeast corner of said Government Lot 5;.thence North 89 degrees 04 minutes 50 seconds West, along the south line of said Government Lot 5, a distance of 139,47 Feet; thence North 3 degrees 18 minutes 57 seconds East a distance of 54.81 feet; thence North 85 degrees 38 minutes 54 seconds West, a distance of 206,10 feet, to the Intersection with a line which bears North 3 degrees 24 minutes 18 seconds East From a point on said south line distant 345.81 Feet westerly From said southeast comer; thence South 3 deg,-t•e- 24 minutes 18 seconds West, a distance of 67.17 feet, to said south line; thence North 89 degrees 04 minutes,50 seconds West, along said south line, a distance of 980.79 feet, to the southwest comer of said Government Lot 5; thence North 2 degrees 48 minutes 36 seconds East, along the west line of said Government Lot 5, about 725 feet, to the shoreline of Lake Minnewashta; thence northerly, along the shoreline of said lake, to the north line of said Government Lot 5; thence North 89 degrees 49 minutes 20 seconds East, along said north line, about 937 feet, to the point of beginning. Subject to easements For public right-of-way purposes in Trunk Highway No. 41 and in Old Trunk Highway No. 41. Par. 9: That part of the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian described as Follows: Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 9; thence on an assumed bearing of South 88 degrees 50 minutes 03 seconds East, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet; thence North 24 degrees 09 minutes 57 seconds East a distance of 1010.00 feet, to a point hereinafter referred to as "Point Z"; thence South 69 degrees 30 minutes 03 seconds East, a distance of 260.12 feet, to the west line of said Northwest Quarter of the Northeast Quarter, being the point of beginning of the land to be described; thence continuing South 69 degrees 30 minutes 03 seconds East, a distance of 689.88 Feet, to a point distant 950.00 feet from said "Point Z"; thence North 24 degrees 09 minutes 57 seconds East a distance of 110.00 Feet; thence South 55 degrees 50 minutes 03 seconds East a distance of 533,91 feet; thence northeasterly a distance of 202.05 feet along a non-tangential curve concave to the west having a radius of 1482.40 feet, a central angle OF 7 degrees 48 minutes 34 seconds and a chord that bears North 12 degrees 53 minutes 55 seconds East; thence North 81 degrees 00 m'.nutes 22 seconds West, not tangent to said curve, a distance of 17.00 feet; thence nortlieasterly a distance of 145.22 feet along a non-tangential curve concave to the west having a radius of 1485.40 feat, a central angle of 5 degrees 40 minutes 41 seconds and a chord that bears North 6 degrees 09 minutes 17 seconds East; thence North 3 degrees 18 minutes 57 seconds East, tangent to said curve, a distance of 28.05 feet; thence South 86 degrees 41 minutes 03 seconds East a distance of 17.00 feet; thence North 3 degrees 18 minutes 57 seconds East a distance of 78.34 Feet, to the intersection with a line drawn westerly, at a right angle to the east line of said Northwest Quarter of the Northeast Quarter, from a point on said east line distant 960.00 feet northerly From the southeast corner of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 55 minutes 38 seconds East, along said right angle line, a distance of 78.91 feet, to said east line; thence North O degrees 04 minutes 22 seconds West, along said east line, a distance of 379.39 feet, to the northeast corner of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 04 minutes 50 seconds West, along the north line of said Northwest Quarter of the Northeast Quarter, a distance of 139.47 feet; thence South 3 degrees 18 minutes 57 seconds West a distance of 483.95 Feet; thence southerly, a distance of 208.68 feet, along a tangential curve concave to the west having a radius of 1399.40 Feet and a central angle of 8 degrees 32 minutes 38 seconds; thence North 69 degrees 04 minutes 09 seconds West, not tangent to last described curve, a distance of 201.03 feet, to the intersection with a line which bears South 3 degrees 24 minutes 18 seconds West from a point on the north line of said Northwest Quarter of the Northeast Quarter distant 345.81 feet westerly from the northeast comer of said Northwest Quarter of the Northeast Quarter; thence North 3 degrees 24 minutes 18 seconds East a distance of 622.39 feet, to said north line; thence North 89 degrees 04 minutes 50 seconds West, along said north line, a distance of 980.79 feet, to the northwest corner OF said Northwest Quarter of the Northeast Quarter; thence South 0 degrees 16 minutes 53 seconds West, alongithe west line of said Northwest Quarter of the Northeast Quarter, a distance of 489.99 feet, to the point of beginning. Subject to easements for public right-of-way purposes in Trunk Highway No, 41 and in Old Trunk Highway No. 41. Par, 10: That part of the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian described as Follows: Commencing at the northeast comer of said Northwest Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 04 minutes 50 seconds West, aloAg the Porth line of said Northwest Quarter of the Northeast Quarter, a distance of 345.81 feet, pp to,a point hereinafter referred to as "Point B"; thence South 89 degrees 04 minutes 50 t_,L;? seconds East, along said north line, a distance of 206.34 feet, to a point distant 139.47 feet westerly from said northeast corner; thence South 3 degrees 18 minutes 57 seconds West, a distance of 362,40 feet, to the point of beginning of the land to be described; thence continuing South 3 degrees 18 minutes 57 seconds West a distance of 02.03 feet; thence North 85 degrees 43 minutes 31 seconds West, a distance of 206.88 feet, to the intersection'with a line which bears South 3 degrees 24 minutes 16 seconds West From the above mentioned "Point 6"; thence North 3 degrees 24 minutes 18 seconds East, a distance of 92.03 Feet, to the intersection with a line which bears North 65 degrees 43 minutes 31 seconds West from the point of beginning; thence South 85 degrees 43minutes 31 seconds East, a distance of 206.74 feet, to the point of beginning. , Subject to an easement for public right-of-way purposes in Old Trunk Highway No. 41. CITY OF CHANHA•EN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL Sue Nelson RE: ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Spec'rfications ❑ Change Order ❑ Pay Request ❑ 1 I 2/28/05 I 75-2 I Addendum "A" to Amendment to Conditional Use Permit No. 75-2--] THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ® For Recording ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Marty Walsh, Carver County Parks Josh Metzer, Planner I Planning Case File No. 04-37 SIGNED: Kim Meuwi sen,(952)227-1107 WANT" If enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ADDENDUM "A„ AMENDMENT TO CONDITIONAL USE PERMIT #75-2 LAKE MINNEWASHTA REGIONAL PARK AGREEMENT dated February 28, 2005, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Carver County Parks, (the "County"). 1. BACKGOUND. The City previously approved a conditional use permit in 1975 for a regional park on land located on the eastern shore of Lake Minnewashta in Chanhassen. Legal description is attached as "Exhibit A". In 1983 and 1984 the City amended that conditional use permit. 2. PRIOR PERMITS. The City and County entered into and executed Conditional Use Permit #75-2, dated November 21, 1977. Conditional Use Permit 75-2 was amended, dated September 12, 1983, document no. 62114 recorded November 9, 1983. Conditional Use Permit 75- 2 was amended, dated October 5, 1984, document no. 68828 recorded December 24, 1984 (hereinafter the "Conditional Use Permit"). Except as specifically modified and amended by this Addendum "A", the Conditional Use Permit shall remain in full force and effect. 3. MODIFICATIONS. The Conditional Use Permit is modified and amended as follows: Section 6.04 Lake Access is amended to read as follows: 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 surface zoned "Slow — No Wake" with signage at the launch site and in Little Minne Bay and have a capacity of 10 car/trailer spaces_ An additional access having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2°d Access" marked Official Copy." • -• 4. RECORDING. This Addendum " A" shall be duly recorded against the subject property- IN roperty IN WITNESS WHEREOF this Addendum "A" was executed by the parties the day and year first above written. (SEAL) STATE OF MINNESOTA ( ss COUNTY OF CARVER CITYO—� BY: Thom%as, AND: � Its \' + 0• GO I Mayor City Manager The foregoing instrument was acknowledged before me this,��ay of�, 200O, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. f _ _ a STATE OF MINNESOTA ) (ss. COUNTY OF 044V ) KAREN J.ENGELHARDT Notary Public -Minnesota The foregoing instrument was acknowledged before me this A day of 2OV by Clvai . -/7/. k)06 NOTARY PUBLIC DRAFTED BY: „�. ,,..,,,..�.�........ City of Chanhassen DIANE M. WABBE 7700 Market Boulevard Notary Puw+c-Minnesota Chanhassen, MN 55317 My comm. Expires Jan 31. 2010 (952)227-1100 .....A•�•^�••^�•^'••°°�""' • 0 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Addendum "A" to Conditional Use Permit #75-2, affirm and consent to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this' day of12006- By: STATE OF MINNESOTA ) (ss COUNTY OF eetA JAtj ) The foregoing ins tm nt was acknowledged before me this 6-'Aday of I , 20 o S�by DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 3 •, , KAREN J. ENGELHARDT y.._.., , Notary Public -Minnesota My coffnWW o Jin 31, 2010 DESCRIPTION CF ADJOINING PROP' OWNERS (Continued); '! Exhibit A Ches-Mar Reslty Company (Hook 116, .— Page 515 of Deeds) Those parts of the Northeast Quarter of the Northwest Quarter and of the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range. 23 West of the 5th Principal Meridian described as.follows: Commencing at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence easterly, along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet, to the point of beginning of the land to be described; thence north- easterly, deflecting to the left 67 degrees 00 minutes, a distance of 1010.00 feet; thence southeasterly, deflecting to the right 86 degrees 20 minutes a distance of 950.00 feet; thence northeasterly deflecting to the left 86 degrees 20 minutes, a distance of 110 feet; thence southeasterly, deflecting to the right 90 degrees 00 minutes, to the northwesterly right-of- way time of State Trunk Highway No. 41; thence southwesterly, along said northwesterly right-of-way line, to the south line of said Northwest Quarter of the Northeast Quarter; thence westerly, along the southerly line of said Northwest Quarter of the Northeast Quarter and along the southerly line of said Northeast Quarter of the Northwest Quarter to the point OF beginning; excepting therefrom: That part of the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West of.the 5th Principal Meridian described as Follows; Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter OF said Section 9; thence on an assumed bearing of East, along the south line of said Northeast Quarter of the Northwest Quarter,a distance of 625.00 feet; thence North 23 degrees 00 minutes 00 seconds East a distance of 1010.00 feet; thence South 70 degrees 40 minutes 00 seconds East a distance of.970.00 feet; thence South 23 degrees 40 min- utes 00 seconds West a distance of 230.00 Feet, to the point of beginning of the land to be described; thence North 23 degrees 40 minutes 00 seconds East a distance of 200.00 feet; thence South 69 degrees 20 minutes 00 seconds East a distance of 315.00 Feet; thence South 78 degrees 20 minutes 00 seconds East to the northwesterly right-of-way line of State Trunk Highway No. 41; thence southwesterly, along said northwesterly right-or,ay line, to the intersection with a line which bears South 66 degrees 20 min- utes 00 seconds East from the point of beginning; thence North 66 degrees 20 minutes 00 seconds West to the point of beginning. EXCEPT that part described in Book 143, Page 502 of Deeds. Ches-Mar Realty Company (Book 142, ' Page 307 of Deeds) Par. I. The South 185.00 feet of Government Lot 1 and that part of the South 185.00 feet of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, lying westerly of the following described line: Commencing at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence easterly, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet to the point of beginning of the line to be described; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet and said line there terminating. Par. 2. That part of Government Lot 1, Section 9, Township 116 North, Range 23 West, of the 5th Principal Meridian, lying westerly of a line 185.00 feet easterly of, measured at a right angle to and parallel with the west line of the Northwest Quarter of said Section 9 and l•. . which lies southerly of a line 680.00 feet northerly of, measured at a right angle to and parallel .with the south line of said Government Lot 1. EXCEPT the South 185.00 feet thereof. EXISTING DESCRIPTIONS: County of Carver (Book 142, Page 214 of Deeds) Parcel 1. Government Lot 4 and the Northeast Quarter of the Southeast Quarter of Section 4, i/' Township 116 North, Range 23 West of the 5th Principal Meridian. Parcel 2. That part of the following described property: That part of Government Lot 3, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian lying easterly of the southerly extension of the east line of Government i' Lot 2• in said Section 4. ,The Southeast Quarter of the Northeast Quarter sof Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian. Which lies southerly of a line described as follows: Commencing at a point on the north line of said Government Lot 3, distant 680.00 Feet easterly from the southeast corner of Government tot 2 in said Section 4; thence south. parallel with the east line of the Northeast Quarter of said Section 4, a distance of 396.00 Feet, to a point hereinafter referred to as "Point A"; thence southwesterly, to a point on the southerly extension of the .east line of said Government Lot 2, distant 550,00 feet southerly from said Southeast corner, to the point of beginning of the line to be described; thence northeasterly, a distance of 696.19 feet to the above referenced "Point A"; thence east, parallel with the north line of said Government Lot 3 and the north line of said Southeast Quarter of the Northeast Quarter, a distance of 1936.44 feet, to the east line of said Southeast Quarter of the Northeast Quarter and said line there terminating. The above described properties contain 108.98 acres, more or less. �j The Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of said Section 4 are subject to easements for public right-of-way purposes in Trunk Highway No. 41 and Old Trunk Highway No. 41. ,r 0 Chea -Mar Realty Company (Book 131, Page 83 of Dceds and Book 128, Page 291 of Deeds) /That part of Government Lot 5, Section 4, Township 116 North, Range 23 West of the 5th Principal V Meridian described as fullows: Commencing at the suuthwost corner of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly along the southerly line of Said Northeast Quarter of the Northwest Quarter a distance of 625.00 feet; thence northeasterly, deflecting to the left 57 degrees 00 minutes 00 seconds, a distance of 1010.00 feet; thence southeasterly deflecting to the right 86 degrees 20 minutes 00 seconds, a distance of 950.00 Feet; thence northeasterly, deflecting to the left 66 degrees 20 minutes 00 seconds, .a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 750.00 feet; thence northeasterly, deflecting to the right 115 degrees 00 minutes 00 seconds, a distance of 535.00 feet; thence northwesterly, de- flecting to the left 116 degrees 00 minutes 00 seconds, a distance of 275.00 feet to the point of beginning of the land to be described; thence continuing northwesterly, along the last described line, a distance of 390 feet, more or less, to the shore line of Lake Minnewashta; thence north- erly, along said shore line, to the north line of said Government Lot 5; thence easterly, along • said north line, to a point distant 198.00 feet westerly From the northeast comer of said Govern- ment Lot 5; thence southerly, deflecting to the right 104 degrees 57 minutes 00 seconds, a distance OF 247.50 feet; thence easterly to a point on the east line of said Government Lot 5 distant 313.50 feet southerly from the northeast comer or said Government Lot 5; thence southerly, along said east line, a distance of 315.00 feet; thence northwesterly, deflecting to the right 112 degrees 00 minutes 00 seconds, a distance of 365.00 feet; thence westerly to the point of beginning. The above described property contains 11.00 acres, tore or less, and is subject to an easement For public right-of-way purposes in Old State Highway No. 41, Ches-Mar Realty Company (Book 127, Page 191 of Deeds) Jfhat part of Government Lot. S, Section 4, Township 116 North, Range 23 West or the 5th Principal V Meridian described as follows: Commencing at the southwest comer of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 Feet; thence northeasterly, deflecting to the left 57 degrees 00 minutes 00 seconds, a distance of 1010.00 Feet; thence southeasterly deflecting to the right 86 degrees 20 Atnutes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a dts- tance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 55 degrees 00 minutes 00 sec- onds; a distance of 750.00 Feet; thence northeasterly, deflecting to the right 1i5 degrees 00 minutes 00 seconds, a distance of 535.00 feet to a point hereinafter referred to: as "Point A"; , thence northwesterly, deflecting to the left 116 degrees 00 minutes 00 seconds, a distance of 275.00 feet to the point of beginning of the land to be described; thence southeasterly, along the last described line, a distance of 275.00 feet to said "Point A"; thence southwesterly, deflecting to the right 116 degrees 00 minutes 00 seconds, a distance of 535.00 feet; thence southeasterly, deflecting to the left 115 degrees 00 minutes 00 seconds, a distance of 325.00 feet; thence easterly, parallel with the south line of said Government Lot 5, to the east line of said Government Lot 5; thence northerly, along said east line, to a point distant 628.50 feet southerly from the northeast corner of said Government Lot 5; thence northwesterly, deflecting to the right 68 degrees 00 min- utes 00 seconds, a distance of 365.00 feet; thence westerly to the point of beginning., The above described property contains 10.00 acres, more or less, excluding highway, and is subject to an easement for public right-of-way purposes in Old State Highway No. 41. Ches-Mar Realty Company (Book 118, Page 353 of Deeds and Book 126, Page 291 of Deeds) Those parts of Government Lots 5 and 6, Section 4, Township 118 North, Range 23 West of the 5th �:- Principal Meridian described as follows: - Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter a distance of 625.00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet; thence southeasterly, deflecting to the right 88 degrees 20 minutes 00 seconds, a distance of 950.00 Feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 750.00 feet; thence northeasterly, deflecting to the riga 115 degrees 00 minutes 00 seconds, a distance of 535.00 feet to a point hereinafter referred to as "Point A"; thence north- westerly deflecting to the left 116 degrees 00 minutes OQ seconds, a distance of 665 feet, more'or less, to the shore line of Lake Minnewashta and the point of beginning of the land to be described; thence southeasterly, along the last described line, to said "Point A"; thence southwesterly, de- flecting to the right 116 degrees 00 minutes 00 seconds, a distance of 1005.00 feet; thence westerly, deflecting to the right 48 degrees 00 minutes 00 seconds, a distance of 390.00 feet; thence north- westerly deflecting to the right 50 degrees 00 minutes 00 seconds, a distance of 550.00 feet; thence northeasterly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 250 Feet, more or less, to the shore line of Lake Minnewashta; thence easterly along said shore line to the point of beginning. EXCEPT that part of the above described property which lies northerly of the following described line: Commencing at the southwest comer of said Section 4; thence on an assumed bearing of Nor,bl, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West s rp distance of 149.00 feet; thence North 29 degrees 15 minutes 00 seconds East a distance of 256.30 feet; thence South 67 degrees 15 minutes 00 seconds East a distance of 330.80 feet; thence North 71 degrees 15 minutes 00 seconds East a distance of 460.00 feet; thence North 52 degrees 00 mtn- utes 00 seconds East a distance of 420.00 Feet; thence South 52 degrees 00 minutes 00 seconds East a distance of 580.00 feet; thence. South 15 degrees 00 minutes 00 seconds East a distance of 1060.00 feet to the beginning of the line to be described; thence North 75 degrees 00 minutes 00 'seconds East a distance of 350.00 feet and said line there terminating. The above described property contains 12.30 acres, more or less. motes -Mar Realty Company (Book Ile, Pa75 of Deeds rnctBook 128, Page 291 Of Deeds) Those parts of Government Lots 5 and 'i, of Section 4, and bx,se parts of the Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section g, all in Township 116 North, Range 23 West of the 5th /Prircipat Meridian described as follows: Commencing at the southwest comer of said Northeast Quarter of the Northwest Quarter; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 Peet to the beginning of the land to be described; thence southeasterly, deflecting to the right 66 degrees 20 minutes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 750.00 feet; thence southwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 470.00 feet; thence westerly, deflecting to the right 48 degrees 00 minutes 00 seconds, a distance of 390.00 feet; thence northwesterly, deflecting to the right 50 degrees 00 minutes 00 seconds, a distance of 550.Ob feet; thence southwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 60.00 Feet; thence southeasterly, deflecting to the left 90 degrees OO minutes 00 seconds, a distance of 577,98 feet; thence easterly deflecting to the left 50 degrees 00 minutes 00 seconds, a distance of 425.00 feet; thence southerly a distance of 500 feet, more or less, to the point of beginning. EXCEPT that part of the above described property which lies northerly of the following described line: Commencing at the southwest comer of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North . 29 degrees 15 minutes 00 seconds East a distance of 256.30 feet; thence South 67 degrees 15 minutes 00 seconds East a distance of 330.80 feet; thence North. 71 degrees 15 minutes 00 seconds East a distance of 460.00 Feet; thence North 52 degrees 00 minutes 00 seconds East a distance of 420.00 feet; thence South 52 degrees 00 minutes 00 seconds East a distance of 580.00 feet; thence South 15 degrees, 00 minutes 00 seconds East a distance of 1050.00 feet to the beginning of the lineto be described; thence North 75 degrees 00 minutes 00 seconds East a distance OF 350.00 feet and said line there terminating. s -Mar Realty Company (Book 128, Page 297 of Deeds) Parcel 1. ' ,TLhose parts of Government Lot 5, Section 4, and the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, Carver County, State of Minnesota, described as follows: Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 9; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a//distance of 1010.00 feet; thence southeasterly, deflecting to the right 86 degrees 20 minutes 00 seconds, a dtstahce of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a distance of 500.00 Feet; thence northerly deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degree_= 00 minutes 00 seconds, a distance of 425.00 feet to the point of beginning of the land to be described; thence south- easterly, deflecting to the left 180 degrees 00 minutes 00 seconds, a distance of 425.00 feeti�thence southerly, deflect - Ing to the right 65 degrees 00 minutes 00 seconds a distance of 250.00 feet; thence southwestelrly, deflecting to the right 15 degrees 00 minutes 00 seconds, a distance o• 390.00 feet; thence southeasterly, deflecting to the left 90 degree 00 minutes 00 seconds, to the northwesterly right-ol way line of State Highway No. 41; thence 'southwesterly. along said northwesterly right-of-way, line, to the south line of the Northwest Quarter of the Northeast Quarter of said Sectio 9; thence easterly, along the south line of said Northwest Quarter of the Northeast Quarter, to the southeast comer of said Northwest Quarter of the Northeast Quarter; thence northerly, along the east line of said Northwest Quarter of the Northeast Quarter, to the northeast comer of said Northwest Quarter of the Northeast Quarter and the southeast comer of Government Lot 5 of said Section 4; thence northerly, along the east line of said Government Lot 5, to the inter- section with a line drawn easterly from the point of be linntng and parallel with the south line of said Government Lot 5; thence westerly, along said parallel line, to the poiirt of beginning. EXCEPTING from the above described property the four following described parcels of land: EXCEPTION NO. 1 Xhat part of the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, Carver County, State of Minnesota, described as follows: Beginning at the southeast comer of said Northwest Quarter of the Northeast Quarter running thence northerly along the east line of said Northwest Quarter of the Northeast Quarter a distance OF 960 feet, running thence Owe west to the westerly line of the rtght-ol'-way of State Trunk Highway No. 41, running thence southerly along the westerly line of the right-of-way of said Highway to its point of intersection with the south line of said Northwest Quarter of the Northeast Quarter, running thence easterly to the point of beginning. EXCEPTION NO. 2 That part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section Nine (9), Township One Hundrec: Sixteen118 , Range Twenty-three ( ) g (23), Carver County, Minnesota, described as Follows: Beginning at a point in the North line of said Section Nine (9), distant Three Hundred Sixty -Five and Six Tenths (365.6) feet West of the Northeast comer of said Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4), thence South 1 degree 44 minutes West, One Hundred Forth Five and Three Tenths (145.3) feet to the actual point of beginning of the tract to be described; thence continuing South 1 degree 44 minutes West Two Hundred Eight and Seventy-Cne Hundredths (208.71) feet; thence South 87 degrees 26 minutes East Two Hundred Eight and Seventy One Hundredth (208.71) feet to the Westerly line of Trunk Highway Number Forty One (41); thence North 1 degree 44 minutes East along said Westerly Highway line Two Hundred Eight and Seventy Cne Hundredths (208.71) feet; thence North 87 degrees 26 minutes West, Two Hundred Eight and Seventy One Hundredths (208.71) feet to the place of beginning. . EXCEPfICN NO. 3 r That part of Government Lot 5, Section 4, and the Northwest Quarter of the Northeast Quarter of Section 9, Township 11c: Range 23, Carver County, Minnesota, described as follows: Beginning at a point on the north line of said Section 9, distant 355.6 Peet west of the northeast corner of said Northwest Quarter of the Northeast Quarter; thence North 1 degree 44 minutes East 53.41 feet; thence South 87 degrees 26 minutes East 208,71 feet to the westerly line of the right of way of Trunk Highway Number Fortq Cne (41); thence South 1 degree 44 minutes West along the West line of said Highway 53.41 feet to the North line of said Section 9; thence continuing southerly along the West line of said Highway 155.3 feet; thence North 87 degrees 26 minutes West 208.71 feet; thence North 1 degree 44 minutes East 145.3 feet to the North line of said Section 9 which is the place of beginning. ,. , Ches-Mar Realty Compare iook 126, Pago L).07 •_ of Dbeds) (Continued) EXCEPTION NO. 4 /That part of the Northwest Quarter of the Northeast Quarter of Sectio%,' u, Township 11E•, flange V 23, Carver County, Minnesota, descrthed as follows: Beginning at a point in the North line of salJ Section 9 distant 365,ti fent West of the Northeast corner of said Northwest Quarter of the Northeast Quarter; thence South I degree 44 minutes West a distance of 446.11 feet to the actual paint of heginning of the tract to be described; thence continuing South 1 degree 44 minutes West a distance of 180,05 feet; thence South 70 degrees 39 minutes East a distance of 203.75 feet to the Westerly right of way line of State Trunk Highway Number 41; thence North 14 degrees 52 minutes East along said Westerly right Of way line a distance of 65,9 feet; thence North 1 degree 44 minutes East along sald.Westerly right of way line a distance of 1-4.3 feet; thence North 67 degrees 25 minutes West a distance of 208,71 feet to the paint of beginning. The above described property contains 5.00 acres, more or less, excluding highways, and is sub- ject to easements for public right-of-way purposes in State Highway No, 41 and Old State High.vay No. 41. Parcel 11: l,'/Those parts of Government Lots 6 and 7, Section 4, Township 116 North, Range 23 West or the 5th Principal Meridian, Carver County, Minnesota, described as follows: Commencing at the southwest corner of said Section 4; thence on an assumed hearing of North, along the west line of said Section 4, a distance Of 1523.00 feet; thence on a bear- ing of West a distance of 149,00 Feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance of 330,10 feet; thence North 71 degrees 15 minutes East a distance'of 460,00 feet to the beginning of the land to he described; thence North 52 degrees 00 minutes East a distance of 420.00 feet; thence South 52 degrees 00 minutes East a distance of 560.00 Feet; thence South 74 degrees 00 minutes West a distance of 503,73 Feet to the intersection with a line bearing South .52 degrees 00 minutes East from the point of beginning;. thence North 52 degrees 00 minutes West a distance of 385,52 feet to the point Of beginning, The above described property contains 4.50 acres, more or less. Ches-Mar Realty Company (Book 116, Page 546 of Deeds and Book 126, Page 291 of Deeds) That partof Government Lot I. Section 5, Township 116 North, Range 23 West of the 5th Principal /Meridian described as follows: Commencing at the southeast corner of said Section 5; thence on an assumed bearing of North, along the east line of said Section 5, a distance of 1523.00 feet; thence on a bear- ing of West a distance of 149.00 Feet, to the point of beginning of the land to be described; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance of 25.77 feet, more or less, to the east line of said Section 5; thence on a bearing of North along said east line to the shore line of Lake Minnewashta; thence westerly, southwesterly, southerly and southeasterly, along said shore line to the intersection with a line bearing South 29 degrees 15 minutes West From the point of begin- ninct thence North 29 degrees 15 minutes East to the paint of beginning. /Those parts of Government Lots 6 and 7, Section 4, Township Ile North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the southwest corner of said Sectiun 4; thence on an assumed bearing of North, along the west ling of said Section 4, a distance of 1523,00 feet; thence on a bear- ing of West a distance of 149,00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance of 330,E0 feet, to the point of beginning of the land W be described; thence Nnrbn 71 degrees 15 minutes East a distance of 460.00 feet; thence North 52 degrees 00 minutes East a distance of 420.00 feet; thence South 52 degrees 00 minutes East a distance of 560 feet; thence South 15 degrees 00 minutes East a distance of 1060.00 feet; thence North 75 degrees 00 minutes East a dis- tance of 350.00 feet, more or less, to the shore line of Lake Minnewashta; thence northerly, northeasterly, northwesterly, westerly and southwesterly, along said shore line to the west line OF said Section 4; thence on a bearing of South, along said west line, to the intersection with a line bearing North 67 degrees 15 minutes West from the point of heginning; thence South 67 degrees 15 minutes East a distance of 305.03 feet to the peiint of beginning, Containing 33.10 acres above the high .eater line of Lake Minnewashta. County of Carver (Book 147, Page 450 of Deeds) /Those parts of Government Lot One (1) in Section Five (5) and Government Lot Seven (7) in Section Four (4), Township One Hundred Sixteen (116), Range Twenty-three (23), Carver County, Minnesota, described as follows: Beginning at a point in the West line of said Section Four (4) distant Fifteen Hundred Twenty three (1523) feet North of the Southwest corner thereof, (the West line of said Section Four (4) is assumed to be Due North and South for the purpose of this description); thence Due West One Hundred Forty Nine (149) feet to the actual point of beginning of the tract to be described; thence North Twenty Nine Degrees Fifteen Minutes East (N 290 15' E) a distance of Two Hundred Fifty Six and Three Tenths (256.3) feet; thence South Sixty Seven Degrees Fifteen Minutes East (S 67° 15' E)a distance OF Three Hundred Thirty and Eight Tenths (330.8) feet to the beginning of a curve to the right having a radius of Eighty Six and Seven Tenths (86.7) feet and a Delta angle of Fifty Two Degrees Twenty Two Minutes (52° 22'); thence along said curve to the right a distance of One and Ninety Six Hundredths (1,96) feet; thenre South Fifty One Degrees Fifteen Minutes West (S 51* 15' W) .a distance of Four Hundred Three l�uf and Nine Tenths (403,9) feet more or less to the shore line Of Lake Minnewashta; thence North- westerly along said shore line to its intersection with a line bearing South Twenty Nine Degrees Fifteen Minutes West (S 29° 15' W) from the actual point of beginning; thence Nord, Twenty Nine Degrees Fifteen Minutes East (N 29° 15' E) to the actual point of beginning, together -with the easement contained in that certain deed executed by Chester W. Johnson and Marguerite Brooks Johnson, dated December 22, 1949, filed Decemher 23, 1049; ReC. Look "47" of Deeds, page 501. Ito - �... AIL. ws-Mar Realty Company 0`1ook 134, Page 212 -- Deeds) Those parts of Gdvcmment Lots 6 and 7 uF Seeti.+n 4, and that part of Government Lot I of Section 5, Township I I!; N, r: ,,kange 23 West of the 5th Principal Meridian, lying sa,thvrly and westerly of "Line 3" and northerly of "Linc 4" m'�1 Ir- westerly extension. Said "Line 3" and "Line 4" are described as follows: "Line 3" is described as cimmencing• at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Secti•:.1 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees t5 minutes East a distance Of 330.80 feet; thence North 71 degrees 15 minutes East a distance of'460.00 feet to a point hereinafter described as "Point 171"; thence• North 52 degrees 00 minutes East a distance of 420.00 feet; thence South 52 degrees 00 minutes East a distance of 580.00 feet; thence South 15 degrees 00 minutes East a distance of 1060.00 feet to the point of beginning of said "Line 3"; thence North 15 degrees 00 minutes West a distance of 1060.00 feet; thence South 74 degrees 00 minutes West a distance of 503.73 feet to the Intersection with a line bearing South 52 degrees 00 minutes East from said "Point B"; thence North 52 degrees 00 minutes West a dis- tance of 385.52 feet to said "Point 8"; thence South 71 degrees 15 minutes West a distance of 450,00 feet; thence South 51 degrees 15 minutes West to the easterly shore line of Lake Minnewashta and said "Line 3" there terminating "Line 4" is described as commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1165.00 feet to the point of beginning of said "Line 4"; thence on a bearing of East W the intersection with said "Line 3" and said "Line 4" there terminating, The above described property contains 16.54 acres, more or less, - !hes-Mar Realty Company (Book 142, Page 307 ti f Deeds) Those parts of Government Lots 6 and 7 of Section 4, and that part of Government Lot 1 of Section 5, Township 116 Nor ,! Range 23 West of the 5th Principal Meridian, lying .westerly of "Line 3", southerly of "Line 4" and its westerly extension end northerly of "Line 5". Said "Line 3", "Line 4", and "Line 5" are described as follows: "Line 3" Is described as commencing at the southwest corner of said Section 4;, thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523,00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance of 330.80 feet; thence North 71 degrees 15 minutes East a distance of 450,00 feet to a point herein- after described as "Point B"; thence North 52 degrees 00 minutes East a distance of 420.00 feet; thence South 52 degrees OO minutes East a distance of 560.00 feet; thence South 15 degrees 00 minutes East a distance of 1060.00 feet to the point of beginning of said "Line 3"; thence North 15 degrees 00 minutes West a distance of 1060.00 feet; thence South 74 degrees 00 minutes West a distacne of 503.73 feet to the intersection with a line bearing South 52 --degrees 00 minutes East from said "Point B"; thence North 52 degrees 00 minutes West a distance of: 385.52 feet to said "Point B"; thence South 71 degrees 15 minutes West a distance of 460,00 feet; thence South 51.. degrees 15 minutes West to the easterly shore Line of Lake Minnewashta and said "Line 3" there terminating "Line 4" is described as commencing at the southwest corner of said Section 4; thence on an assumed' bearing of North, along the west line of said Section 4,a distance of 1165,00 Peet to the point of beginning of said "Line 4"; thence on a bearing of East to the intersection with said "Line 3" and said "Line 4" there terminating, "Line 5" is a line 197.00 feet southerly of, measured at a right angle to and parallel with said "Line 4",,. The above described property contains 6.00 acres, more or less, hes-Mar Realty Company (Book 149, Page 438 F Deeds) Those parts of Government Lots 5 and 7, Section 4, and that part of Government Lot 1 of Section 5, Township 116 Nort1 t" Range 23 West of the 5th Principal Meridian, lying westerly of "Line 2" and its northerly extension,$southerly of "Line B and its westerly extension and northerly of "Line 6". Said "Line 2", "Line 5", and "Line 6" are described as follows: "Line 2" is described as commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of 'Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly, along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 525.00 feet to a point hereinafter referred to as "Point Y"; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, adistance of 1010.00 feet W a point hereinafter referred to as "Point Z"; thence southeasterly, deflecting to the right 86 degrees 20 min- utes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the left 88 degrees 20 minutes 00 seconds, a distance of 500,00 feet; thence northerly, deflecting to the left 15 degrees 00minutes00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 750.00 feet; thence southwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 470.00 Feet; '. thence westerly, deflecting to the right 48 degrees 00 minutes 00 seconds, a distanceof 390.00 feet; thence north- westerly, deflecting to the right 50 degrees 00 minutes 00 seconds, a distance of 550.00 feet; thence southwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 60.00 feet to the beginning of said "Line 2"; thence southeasterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 577,98 feet; thence easterly, deflecting to the left 50 degrees 00 minutes 00 seconds, a distance of 425.00 feet; thence southerly a dis- tanceof 500 feet, more or less, to said "Point Z"; thence southwesterly a distance of 1010.00 Peet to said "Point Y" and said "Line 2" there terminating. "Line 5" Is described as commencing at the southwest comer of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 968.00 feet to the point of beginning of said "Line 5"; thence on a bearing of East to the shore line OF Lake Mtnnewashta and said "Line 5"there terminating. "Line 6" is a line 455.00 feet southerly of, measured at a right angle to and parallel with said "Line 5". EXCEPTING therefrom that part of said Government -Lot 6 embraced within the following described property: Those parts of Government Lots 6 and 7. Section 4, Township 116 North, Range 23 West of the 5th Principal Meridi described as follows: Commencing at the southwest comer of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of. 149.00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance of 330.80 feet, to the point of beginning of the land to be described; thence North 71 degrees 15 minutes East a distance of 460,00 feet; thence North 52 degrees 00 minutes East a distance of 420.00 feet; 0` thence South 52 degrees 00 minutes East a distance of 580.00 Feet; thence South 15 degrees 00 minutes East i fi a distance of 1060.00 feet; thence North 75 degrees 00 minutes East a distance of 350,00 feet, more of less, to the shore line of Lake Mtnnewashta; thence northerly, northeasterly, northwesterly, westerly and south- , - westerly, along said shore line to the west line of said Section 4; thence on a bearing of,South, along said west line, to the Intersection with a line bearing North 67 degrees 15 minutes West from the point of beginning; thence South 67 degrees 15 minutes East a distance of 305.03 feet to the point of beginntng. The above described property contains 19.00 acres, more or less. o ueeds> Government Lit I in Secti.tn 5, T.twns to I W, Range 23, Government Lot 5 m Section 4, Township118, Range 23, excepting that part of said Government Lot c.)nveyed to Luther F. Dickinson, described as follows: Commencing at the n'.)rtheast comer of said Lot 5; thence running West along the North line about 12 rods to a ravine; thence West of South along the ravine about 15 rods; thence along the ravine South of East about 16 and 1/2 rods to Intersect /the East line of said Lot 5; thence along the. East Eine running North about 19 rods to the place of beginning; V Als 3, Government Lots 6 and 7 in Section 4, Township 116, Range 23, the Northwest Quarter of the Northeast Quarter of Section 9, Township 116, Range 23 except that part of said Northwest Quarter of the Northeast Quarter described as follows; Commencing at the southeast corner of said Northwest Quarter of the Northeast Quarter running thence northerly along the east line of said Northwest Quarter of the Northeast Quarter a distance of 960 feet, running thence due West to the easterly line of the right-of-way of State Trunk Highway No. 12, running thence southerly along the easterly line Of the right Of way of said Highway to its point of intersection with the south line of said Northwest Quarter of the Northeast Quarter, running thence easterly to the point of beginning. JAlso, all of the Northeast Quarter of the Northwest Quarter Of Section 9, Township 116, Range 23, all OF Govern- ment Lot 1, Section O, Township 116, Range 23. EXCEPTING FROM ALL OF THE AHOVE-bESCRIBED PROPERTY THE FOLLOWING: I. Those parts of the lands described atove described in Deeds of record in the office of the Register of Deeds of Carver County, Minnesota in Book 53 of Deeds, page 116, Book 47 of Deeds, page 501, Book 47 of Deeds, page 544 and Book 50 of Deeds, page 97. it. Those parts of the Northeast Quarter of the Northwest Quarter and of the Northwest Quarter of the North- east Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the southwest corner Of said Northeast Quarter of the Northwest Quarter; thence easterly, along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance Of 625.00 feet, to the point of beginning of the land to be described; thence northeasterly, de Fleeting to the left G7 degrees 00 minutes, a distance of 1010.00 feet; thence southeasterly, deflecting W the right 85 degrees 20 minutes a distance of 950.00 -feet; thence northeasterly deflecting to the left 86 degrees 20 minutes, a distance of 110,00 feet; thence southeasterly, deflecting to the right 90 degrees 00 minutes, to the northwesterly right -Of -way line of State Trunk Highway No. 41; thence southwesterly, along said northwesterly right-of-way line, to the south line of said Northwest Quarter Of the Northeast Quarter; thence westerly, along the southerly line of said Northwest Quarter of the Northeast Quarter and along the southerly line of said Northeast Quarter of the Northwest Quarter to the point OF begin- ning, excepting therefrom the following: That part or the Northwest Quarter OF. the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the Southwest corner OF the Northeast Quarter OF the Northwest Quarter of said Section 9; thence on an assumed bearing Of East, along the south tine Of said Northeast Quarter of the Northwest Quarter, a distance of 625,00 feet; thence North 23 degrees 00 minutes 00 seconds East a distance of 1010.00 feet; thence South 70 degrees 40 minutes 00 seconds East a distance of 970.00 feet; thence South 23 degrees 40 minutes 00 seconds West a distance Of 230,00 Feet, to the point of beginning of the land to be described; thence North 23 degrees 40 minutes 00 seconds East a distance of 200.00 feet; thence South 69 degrees 20 minutes 00 seconds East a distance of 315,00 feet; thence South 78 degrees 20 minutes 00 seconds East to the northwesterly right-of-way line of State Trunk Highway No. 41; thence southwesterly, along said northwesterly right-of-way line, to the intersection with a line which bears South 66 degrees 20 minutes 00 seconds East from the point of beginning; thence North 66 degrees 20 minutes 00 seconds West to the point of begtnnina. 111. A. That part of Government Lot 1, Section 5, Township 116 North, Range 23 West of the 5th Principal Mer- idian described as Follows; Commencing at the southeast corner of said Section 5; thence on an assumed bearing of North, along the east line of said Section 5, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet, to the point of beginning jr the land to be described; thence North 29 degrees 15 minutes East a distance of 256.30 Feet; thence South 67 degrees 15 minutes East a distance Of 25.77 feet, more or less, to the east line Of saiti Section 5; thence on a bearing of North along said east tine to the shore line of Lake M(nnewashta; thence westerly, southwesterly, southerly, and southeasterly, along said shore line W the intersectf< with a line hearing South 29 degrees 15 minutes West from the point of beginning; thence North 29 degrees tt1 minutes East to the point of beginning, B. Those parts of Government Lots 6 and 7, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the southwest corner OF said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 de- grees 15 minutes East a distance of 330,80 .feet, to the point of beginning of the land to be described; thence North 71 degrees 15 minutes East a distance of 460,00 feet; thence North 52 degrees 00 min- utes East a distance of 420.00 Meet; thence South 52 degrees 00 minutes East a distance OF 580.00 Feet; thence South 15 degrees 00 minutes East a distance of 1060.00 feet; thence North 75 degrees 00 minutes East a distance of 350.00 feet, more or less, to the shore line of Lake Minnewashta; thence northerly, northeasterly, northwesterly, westerly and southwesterly, along said shore line to the west line of said Section 4; thence on a bearing of South, along said west line, to the intersection with a tine bearing North 67 degrees 15 minutes West from the point of beginning; thence South 67 degrees 15 minutes East a distance of 305.03 feet to the point of beginning. IV. Those parts of Govemtheht Lots 5 and 6, of Section 4, and those parts of the Northwest Quarter of the Northeast Quarter, and the Northeast Quarter of the Northwest Quarter OF Section 9, all in Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the southwest corner of said Northeast Quarter OF the Northwest Quarter; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance �+yyP- Of 625,00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a '"1J distance of 1010.00 feet to the beginning of the land to be described; thence southeasterly, de- flecting to the right 86 degrees 20 minutes 00 seconds, a distance of 950.00 feet; thence north- easterly, deflecting to the left 66 degrees 20 minutes 00 seconds, a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 0.5 degrees 00 minutes 00 seconds, a distance of 750.00 feet, thence southwesterly, deflecting to the- loft 65 degrees 00 minutes 00 seconds, a distance of 470.00 feet; thence westerly, deflecting to the, right 46 degrees 00 minutes 00 seconds, a distance of 390.00 feet; thence northwesterly, deflecting to the right 50 degrees 00 minutes 00 seconds, a distance of 550.00 Feet; thence Southwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of eO.00 feet; thence southeasterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 577.98 feet; thence easterly, deflecting to the. left 50 degrees 00 minutes 00 Seconds, a distance Of 425.04 feet; thence southerly a distance of 500 feet, more or less, to the point of beginning, EXISTING DESCRIPTIONS (Continued): Ches-Mar Realty Company (Book 156, Page 169 of Deeds) (Continued) IV. (Continued) EXCEPT that part of the above described property which lies northerly of the Following described line: Commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 Feet; thence North 29 degrees 15 minutes 00 seconds East a distance of 256.30 feet; thence South 67 degrees 15 minutes 00 seconds East a distance of 330,80 feet; thence North 71 degrees 15 minutes 00 seconds East a distance of 460.00 feet; thence North 52 degrees 00 minutes 00 seconds East a distance of 420.00. feet; thence South 52 degrees 00 minutes 00 seconds East a distance of 580.00 Fget; thence South 15 degrees 00 minutes 00 seconds East a distance OF 1060.00 feet to the beginning of the line to be described; thence North 75 degrees 00 minutes 00 seconds East a distance of 350.00 feet and said line there terminating. V. Those parts of Government Lots 5 and 6, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the Southwest comer of the Northeast. Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter a distance of 625.00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010,00 feet; thence southeasterly deflecting to the right 86 degrees 20 minutes 00 seconds, a distance of 050.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a distance of 500,00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 750.00 feet; thence northeasterly, deflecting to the right 115 degrees 00 minutes 00 seconds, a distance of 535.00 Feet to a point hereinafter referred to as "Point A"; thence northwesterly deflecting to the left 116 degrees 00 minutes 00 seconds, a distance of 665 feet, more or less, to the shore line of Lake Minnewashta and the point of beginning of the land to be described; thence southeasterly, along the last described line, to said "Point A"; thence southwesterly, deflecting to the right 116 degrees 00 minutes 00 seconds, a distance of 1005.00 feet; thence westerly, deflecting to the right 48 degrees 00 minutes 00 seconds, a distance of 390,00 feet; thence northwesterly, deflecting to the right 50 degrees 00 minutes 00 seconds, a distance of 550.00 feet; thence northeasterly, deflecting to the right 90 de- grees 00 minutes 00 seconds, a distance of 250 Feet, more or less, to the shore line of Lake Minnewashta; thence easterly along said shore line to the point of beginning. EXCEPT that part of the above described property which lies northerly of the following described line: Commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes 00 seconds East a distance of 256.30 feet; thence South 67 degrees 15 minutes 00 seconds East a distance of 330.80 Feet; thence North 71 degrees 15 minutes 00 seconds East a distance of 460.00 feet; thence North 521 degrees 00 minutes 00 seconds East a distance of 420.00 feet; thence South 52 degrees 00 minutes 00 seconds East a distance of 580.00 feet; thence South 15 degree. 00 minutes 00 seconds East a distance of 1060.00 feet to the beginning of the line to be described; thence North 75 degrees 00 minutes 00 seconds East a distance of 350.00 feet and said line there terminating. VI. Portions heretofore conveyed by Warranty Deed to the Chas Mar Realty Company. PKOPOSED DESCRIPTION FOR ISTRATICN: Par. 1: Govommant Lot 7, Section 5, Township 118 North, Range 23 Wcwc of the. 5th Principal Meridian, and accretions thereto. Par. 2; Government Lot 7, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian, and accretions thereto in Sections 4 and 5, Par. 3: Government Lot 4 and Government Lot 6, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian, and accretions thereto. Par, 4: The Northeast Quarter of the Southeast Quarter of Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian, Subject to easements for public right -OF -way purposes in Trunk Highway No. 41 and in Cld Trunk Highway NO. 41. Also subject to an easement for electric transmission line purposes, over and across the cast 75.00 feet. Par, 5: Those parts of the following described properties: - That part of Government Lot 3, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian, and accretions thereto, lying easterly of the southerly extension of the east line of Government Lot 2 in said Section 4; and The Southeast Quarter of the Northeast Quarter of Section 4, Township 113 North, Range 23 West of the 5th Principal Meridian. Which lie southerly of a line described as follows: Commencing at a point on the north line of said Government Lot 3, distant 680.00 feet easterly from the southeast comer of Government Lot 2 in said Section 4; thence south, 'parallel with the east line of the Northeast Quarter of said Section 4, a distance of 396.00 Feet, to a point hereinafter referred to as "Point A"; thence southwesterly, to a point on the southerly extension of the east line of said Government Lot 2, distant 550.00 feet southerly from said southeast corner, to the point of begi�tning of the line to be • - described; thence northeasterly, a distance of 696.19 feet to " above mentioned "Point A"; thence east, parallel with the north line of said Govgmmcnt Lot 3.and the north line of said Southeast Quarter of the Northeast Quarter, a distance of" 193e.44 feet, to the east line of said Southeast Quarter of the NortheastQuarter and said Ilne there terminating. _ -4!!. The Southeast Quarter of the Northeast Quarter of said Section 4 Is subject to easements for public right-of-way purposes in Trunk Highway No. 41 and in Old Trunk Highway No. 41. , The Southeast Quarter of the Northeast Quarter of said Section 4 is also subject to an easement for elecb'ic transmission line purposes over and across part of the east 75.00 feet of said Southeast Quarter of the Northeast Quarter. - Par. 6: That part of Government Lot 1, Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, and accretions thereto in Sections 8 and 9, which lies north of the south 185,00 feet of said Government Lot 1 and lying easterly and northerly of a line described as follows: ' Beginning at the intersection of the south line of said Government Lot 1 and the east line of the most westerly 185.00 feet of said Government Lot 1; thence on an assumed bearing of North O degrees 19 minutes 29 seconds East, parallel with the most westerly line of said Govemment Lot 1, a distance of 680.08 feet, to the north line of the south 880.00 Feet of said Government Lot 1; thence North 88 degrees 50 m;nutes 03 seconds West, parallel with said south line, a distance of 185.02 feet to said most westerly line and said line there terminating. - Par, 7: That part of the Northeast Quarter of the Northwest Quarter of Section 9, Township 118 North, Range 23 West of the 5th Principal Meridian which lies north of the south 185.00 feet of said Northeast Quarter of the Northwest Quarter and lying westerly pnd northerly of a line described as follows: Commencing at the southwest comer of said Northeast Quarter of the Northwest Quarter; thence easterly, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet, to the point of beginning of the line to be described; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet; thence southeasterly, deflecting to, the right eG degrees 20 minutes 00 seconds, a distance of 260.12 feet, to the east line of said Northeast Quarter of the Northwest Quarter and said line there terminating. Par, 8: That part of Govern Lot 5, Section 4, Township 116 NorRange 23 West of the 5th Principal Meridian, accretions thereto, described as Foil, Commeneing.at the northeast corner of said Governm_nt Lot 5; thence on an assumed bearing of South 89 degrees 49 minutes 20 seconds West, along the north line of said Government Lot 5, a distance OF 198.00 feet, to the point of beginning of the land to be described; thence South 14 degrees 46 minutes 20 seconds West a distance OF 247.50 Feet; thence South 73 degrees '36 minutes 08 seconds East, a distance of 259.79 feet, to a point on the east line of said Government Lot 5, distant 313.50 feet southerly from the northeast comer of said Government Lot 5; thence South 2 degrees 10 minutes 18 seconds West, along said east line, a distance of 993.21 Feet, to the southeast corner of said Government Lot 5; thence North 89 degrees 04 minutes 50 seconds West, along the south line of said Government Lot 5, a distance of 139.47 Feet; thence North 3 degrees 18 minutes 57 seconds East a distance of 54.81 feet; thence North 85 degrees 38 minutes 54 seconds West, a distance of 206.10 feet, to the intersection with a line which bears North 3 degrees 24 minutes 18 seconds East from a point on said south line distant 345.81 feet westerly from said southeast comer; thence South 3 degrr.•es 24 minutes 18 seconds West, a distance of 67.17 Feet, to said south line; thence North 89 degrees 04 minutesj50 seconds West, along said south line, a distance of 980.79 Feet, to the southwest comer of said Government Lot 5; thence North 2 degrees 48 minutes 36 seconds East, along the west line of said Government Lot 5, about 725 feet, to the shoreline of Lake Minnewashta; thence northerly, along the shoreline of said lake, to the north line Of said Government Lot 5; thence North 89 degrees 49 minutes 20 seconds East, along said north line, about 937 Feet, to the point of beginning, Subject to easements for public right-of-way purposes in Trunk Highway No, 41 and to Old Trunk Highway No. 41, Par. 9: That part OF the Northwest Quarter of the Northeast Quarter of Section 9, Township 115 North, Range 23 West of the 5th Principal Meridian described as Follows; Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter OF said Section 9; thence on an assumed bearing of South 88 degrees 50 minutes 03 seconds East, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 Feet; thence North 24 degrees 09 minutes 57 seconds East a distance OF 1010.00 feet, to a point hereinafter referred to as "Point Z"; thence South 69 degrees 30 minutes 03 seconds East, a distance of 260.12 feet, to the west line of said Northwest Quarter of the Northeast Quarter, being the point of beginning of the land to be described; thence continuing South 69 degrees 30 minutes 03 seconds East, a distance of 689.88 feet, to a point distant 950.00 feet from said "Point Z"; thence North 24 degrees 09 minutes , 57 seconds East a distance of 110.00 Feet; thence South 65 degrees 50 minutes 03 seconds East a distance of 533,91 feet; thence northeasterly a distance of 202.05 feet along a non-tangential curve concave to the west having a radius of 1482.40 feet, a central angle of 7 degrees 48 minutes 34 seconds and a chord that bears North 12 degrees 53 minutes 55 seconds East; thence North 81 degrees 00 minutes 22 seconds West, not tangent to said curve, a distance of 17.00 feet; thence northeasterly a distance of 145.22 feet along a non-tangential curve concave to the west having a radius of 140;5.40 feat, a central angle of 5 degrees 40 minutes 41 seconds and a chord that bears North 6 degrees 09 minutes 17 seconds East; thence North 3 degrees 18 minutes 57 seconds East, tangent to said curve, a distance Of 28.05 feet; thence South 86 degrees 41 minutes 03 seconds East a distance of 17.00 feet; thence North 3 degrees 18 minutes 57 seconds East a distance of 78.34 Feet, to the intersection with a line drawn westerly, at a right angle to the east line of said Northwest Quarter of the Northeast Quarter, from a point on said east line distant 960.00 feet northerly from the southeast corner bf said Northwest Quarter OF the Northeast Quarter; thence North 89 degrees 55 minutes 38 seconds East, along said right angle line, a distance of 78.91 feet, to said east line; thence North 0 degrees 04 minutes 22 seconds West, along said east line, a distance of 379.39 Feet, to the northeast corner of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 04 minutes 50 seconds West, along the north line of said Northwest Quarter of the Northeast Quarter, a distance of 139.47 feet; thence South 3 degrees 18 minutes 57 seconds West a distance of 483.95 feet; thence southerly, a distance of 208.68 feet, along a tangential curve concave to the west having a radius of 1399.40 feet and a central angle of 8 degrees 32 minutes 38 seconds; thence North 59 degrees 04 minutes 09 seconds West, not tangent to last described curve, a distance of 201.03 Feet, to the intersection with a line which bears South 3 degrees 24 minutes 18 seconds West from a point on the north line of said Northwest Quarter of the Northeast Quarter distant 345.81 feet westerly From the northeast comer of said Northwest Quarter of the Northeast Quarter; thence North 3 degrees 24 minutes 18 seconds East a distance of 622.39 feet, to said north line; thence North 89 degrees 04 minutes 50 seconds West, along said north line, a distance of 980.79 feet, to the northwest corner OF said Northwest Quarter of the Northeast Quarter; thence South 0 degrees 18 minutes 53 seconds West, alongithe west line Of said Northwest Quarter of the Northeast Quarter, a distance of 489.99 Feet, to the point of beginning. Subject to easements For public right-of-way purposes in Trunk Highway No. 41 and in Old Trunk Highway No. 41. Par, 10: That part of the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West OF the 5th Principal Meridian described as Follows: Commencing at the northeast comer of said Northwest Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 04 minutes 50 seconds West, aloAg'the north line of said Northwest Quarter of the Northeast Quarter, a distance of 345.81 feet, to a point hereinafter referred to as "Point B"; thence South 89 degrees 04 minutes 50 (78 seconds East, along said north line, a distance of 206.34 Peet, to a point distant 139.47 Feet westerly from said northeast corner; thence South 3 degrees 18 minutes 57 seconds West, a distance of 362.40 feet, to the point of beginning of the land to be described; thence continuing South 3 degrees 18 minutes 57 seconds West a distance of 92.03 feet; thence North 85 degrees 43 minutes 31 seconds West, a distance of 206.88 feet, to the intersection'with a line which bears South 3 degrees 24 minutes 18 seconds West From the above mentioned "Point B"; thence North 3 degrees 24 minutes 18 seconds East, a distance of 92.03 feet, to the intersection with a line which pears North 85 degrees 43 minutes 31 seconds West from the point of beginning; thence South 85 degrees 43'minutes. 31 seconds East, a distance OF 206.74 feet, to the point of beginning, Subject to an easement For public right-of-way purposes in Oltl Trunk Highway No. 41. LETTER OF TRANSMITTAL CARVER COUNTY PARKS 11360 Highway 212 West PO Box 330 Cologne, MN 55322-0300 Phone -952-466-5250 / Fax -952-466-5223 TO: City of Chanhassen Planning Department 7700 Markent Boulevard, PO Box 147 Chanhassen, MN 55317 Attn: Kim Meuwissen DATE: May 18, 2005 RE., Addendum "A" to Conditional Use Permit #75-2 LMP Regional Park WE ARE SENDING YOU: THESE ARE TRANSMITTED as checked be/ow, 0 For approval Q For your use Q ® As requested Q Q For review and comment Q REMARKS: Approved as submitted Approved as noted Returned for corrections 0 Resubmit Q Submit _ 0 Return BY: Barbara Klein TITLE: Parks Acct. Clerk _ copies for approval copies for distribution corrected prints SCANNED CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Carver County Parks 11360 Highway 212 West PO Box 330 Cologne, MN 55322-0300 WE ARE SENDING YOU ® Attached r LETTER OF TRANSMITTAL DATE JOB NO. 5/11/05 CUP 75-2 & CASE 04-37 ATTENTION Marty Walsh RE: Conditional Use Permit No. 75-2 ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Pay Request ❑ DATE 1 1 1 1 Addendum "A° to Conditional Use Permit #75-2 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Notary Signature & Stamp ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Marry - As we discussed on the phone today, the notary signature and stamp for James Ische's signature are missing. Please have this section completed, keep a copy for your files, and return to my attention. Please call me if you have any questions. COPY TO: Josh Metzer, Planner I 44UYA YVO SIGNED: I /IAU/A Kim euwi sen,(952)227-1107 If enclosures are not as noted, kindly notify us at once. 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ADDENDUM "A„ AMENDMENT TO CONDITIONAL USE PERMIT #75-2 LAKE MJNNEWASHTA REGIONAL PARK AGREEMENT dated February 28, 2005, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Carver County Parks, (the "County"). 1. BACKGOUND. The City previously approved a conditional use permit in 1975 for a regional park on land located on the eastern shore of Lake Minnewashta in Chanhassen. Legal description is attached as "Exhibit A". In 1983 and 1984 the City amended that conditional use permit. 2. PRIOR PERMITS. The City and County entered into and executed Conditional Use Permit #75-2, dated November 21,1977. Conditional Use Permit 75-2 was amended, dated September 12, 1983, document no. 62114 recorded November 9, 1983. Conditional Use Permit 75- 2 was amended, dated October 5, 1984, document no. 68828 recorded December 24, 1984 (hereinafter the "Conditional Use Permit'). Except as specifically modified and amended by this Addendum "A", the Conditional Use Permit shall remain in full force and effect. 3. MODIFICATIONS. The Conditional Use Permit is modified and amended as follows: Section 6.04 Lake Access is amended to read as follows: 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 surface zoned "Slow — No Wake" with signage at the launch site and in Little Minne Bay and have a capacity of 10 car/trailer spaces. An additional access having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2°d Access" marked Official Copy." • 0 4. RECORDING. This Addendum "A" shall be duly recorded against the subject Property IN WITNESS WHEREOF this Addendum "A" was executed by the parties the day and year first above written. (SEAL) STATE OF MINNESOTA ( ss COUNTY OF CARVER ) CITY OF BY: /-k 0--�/ — ThomasFurlong Mayor AND: �+ Tod(fGerhardt, City Manager The foregoing instrument was acknowledged before me thistly of 200�by Thomas A. Furlong, Mayor, and by Todd Gerhardt, respectively the Mayor and Gager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. , , a STATE OF MINNESOTA ) ( ss. COUNTY OF Cdr ) KAREN J.ENGELHARDT Notary Public -Minnesota The foregoing instrument was acknowledged before me this -[L_ day of 4 r4l, 20i by Q Gmc,gi ['... �B,r. +Q Gdw . City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 2 NOTARY PUBLIC CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Addendum "A" to Conditional Use Permit #75-2, affirm and consent to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this S' day of % .200-6- V— By: C'.� MdrW i RW ��& - =LA—oz STATE OF MINNESOTA ) ( ss COUNTY OF C&A,44ti1J ) The fore oing instru nt was acknowledged before me this day of ��-a- 0�, 20 a by i.AN.�� - ,/ 6- KAREN J. ENGELHARDT Notary Public -Minnesota My comm1.1.n EO II Jan 31.2010 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 DESCRIPTION CF ADJOINING PROPEF0 OWNERS (0,ntinuco): - Exhibit A •Cher -Mar Realty Company (Book 116, Page 515 of Deeds) Those parts of the Northeast Quarter of the Northwest Quarter and of the Northwest Quarter of the Northeast Quarter of Section 9, Township 115 North, Range. 23 West of the 5th Principal Meridian described as.rolkms: Commencing at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence easterly, along the southerly line of said Northeast Quarter of the Northwest 'Quarter, a distance of 625.00 feet, to the point of beginning of theland to be described; thence north- easterly, deflecting to the left 67 degrees 00 minutes, a distance of 1010.00 feet; thence southeasterly, deflecting to the right 86 degrees 20 minutes a distance of 950.00 feet; .thence northeasterly deflecting to the left 86 degrees 20 minutes, a distance of 110 feet; thence southeasterly, deflecting to the right 90 degrees 00 minutes, to the northwesterly right-of- way line of State Trunk Highway No. 41; thence southwesterly, along said northwesterly right-of-way line, to the south line of said Northwest Quarter of the Northeast Quarter; thence westerly, along the southerly line of said Northwest Quarter of the Northeast Quarter and along the southerly line of said Northeast Quarter of the Northwest Quarter to the point of beginning; excepting therefrom: That part of the Northwest Quarter of the Northeast Quarter of Section 9, Township 115 North, Range 23 West of.the 5th Principal Meridian described as Follows: Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 9; thence on an assumed bearing of East, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet; thence North 23 degrees 00 minutes 00 seconds East a distance of 1010.00 feet; thence South 70 degrees 40 minutes 00 seconds East a distance of 970.00 feet; thence South 23 degrees 40 min- utes 00 seconds West a distance of 230.00 feet, to the point of beginning of the land to be described; thence North 23 degrees 40 minutes 00 seconds East a distance of 200.00 feet; thence South 69 degrees 20 minutes 00 seconds East a distance of 315.00 feet; thence South 78 degrees 20 minutes 00 seconds East to the northwesterly right-of-way line of State Trunk Highway No. 41; thence southwesterly, along said northwesterly right-of-way line, to the intersection with a line. which bears South 66 degrees 20 min- utes 00 seconds East from the point of beginning; thence North 56 degrees 20 minutes 00 seconds West to the point of beginning. _. EXCEPT that part described in Book 143, Page 502 of Deeds. Ches-Mar Realty Company (Book 142, Page 307 of Deeds) Par. 1. The South 185.00 feet of Government Lot 1 and that part of tho South 165.00 feet of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, lying westerly of the following described line: Commencing at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence easterly, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet to the point of beginning of the line to be described; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet and said line there terminating. Par. 2. That part of Government Lot 1, Section 9, Township 116 North, Range 23 West, of the 5th Principal Meridian, lying westerly of a line 185.00 feet easterly of, measured at a right angle to and parallel with the west line of the Northwest Quarter of said Section 9 and which lies southerly of a line 680.00 Feet northerly of, measured at a right angle to and parallel with the south line of said Government Lot 1. EXCEPT the South 185.00 feet thereof. EXISTING DESCRIPTIONS: County of Carver (Book 142, Page 214 of Deeds) Parcel 1. Government Lot 4 and the Northeast Quarter of the Southeast Quarter or Section 4, Z Township 116 North, Range 23 West of the 5th Principal Meridian. Parcel 2. That part of the following described property: That part of Government Lot 3, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian lying easterly or the southerly extension of the east line of Government l' Lot 2' in said Section 4. The Southeast Quarter of the Northeast Quarter'of Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian. Which lies southerly of a line described as follows: Commencing at a point on the north line of said Government Lot 3, distant 680.00 feet easterly From the southeast corner of Government Lot,2 in said Section 4; thence south, parallel with the east line of the Northeast Quarter of said Section 4, a distance of 396.00 feet, to a point hereinafter referred to as "Point A'% thence southwesterly, to a point on the southerly extension of the .east line of said Government Lot 2, distant 550.00 feet southerly from said Southeast corner, to the point of beginning of the line to be described; thence northeasterly, a distance of 896.19 feet to the above referenced "Point A"; thence east, parallel with the north line of said Government Lot 3 and the north line of said Southeast Quarter of the Northeast Quarter, a distance of 1938.44 feet, to the east line of said Southeast Quarter of the Northeast Quarter and said line there terminating. The above described properties contain 108.98 acres, more or less. VThe Northeast Quarter of the Southeast Quarter and the Southeast Quarter or the Northeast Quarter of said Section 4 are subject to easements for public right-of-way purposes in Trunk Highway No. 41 and Old Trunk Highway No, 41, CC) Ches-Mar Realty Company (Book 121, Page 83 of Deeds and Book 128, Page 291 of Deeds) /That part of Government Lot 5, Section 4, Township 116 North, Range 23 West of the 5th Principal V Meridian described as follows: Commenclog at the southwest corner of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly along the southerly line of Said Northeast Quarter of the Northwest Quarter a distance of 625.00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010,00 feet; thence southeasterly deflecting to the right 86 degrees 20 minutes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, .a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250,00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 ascends, a distance of 750.00 feet; thence northeasterly, deflecting to the right 115 degrees 00 minutes 00 seconds, a distance of 535.00 feet; thence northwesterly, de- flecting to the left 116 degrees 00 minutes 00 seconds, a distance of 275.00 feet to the point of beginning of the land to be described; thence continuing northwesterly, along the last described line, a distance of 390 feet, more or less, to the shore line of Lake Minnewashta; thence north- erly, along said shore line, to the north line of said Government Lot 5; thence easterly, along • said north line, to a point distant 198.00 feet westerly from the northeast comer of said Govern- ment Lot 5; thence southerly, deflecting to the right 104 degrees 57 minutes 00 seconds, a distance of 247.50 feet; thence easterly to a point on the east line of said Government Lot 5 distant 313.50 feet southerly from the northeast comer of said Government Lot 5; thence southerly, along said east line, a distance of 315.00 feet; thence northwesterly, deflecting to the right 112 degrees 00 minutes 00 seconds, a distance of 365.00 feet; thence westerly to the point of beginning. The above described property contains 11.00 acres, more or less, and is subject to an easement for public right-of-way purposes in Old State Highway No. 41. Ches-Mar Realty Company (Book 127, Page 191 of Deeds) 'That part of Government Lot. S, Section 4, Township 116 North, Range 23 West of the 5th Principal V Meridian described as follows: Commencing at the southwest comer of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 525.00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minute3 00 seconds, a distance of 1010.00 feet; thence southeasterly deflecting to the right 86 degrees 20 jnlnutes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a dts- tance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 55 degrees 00 minutes 00 sec- onds; a distance OF 750.00 feet; thence northeasterly, deflecting to the right 1 U degrees 00 minutes 00 seconds, a distance of 535.00 feet to a point hereinafter referred to, as "Point A";t thence northwesterly, deflecting to the left 116 degrees 00 minutes 00 seconds, a distance of 275.00 feet to the point of beginning of the land to be described; thence southeasterly, along the last described line, a distance of 275.00 feet to said "Point A"; thence southwesterly, deflecting to the right 116 degrees 00 minutes 00 seconds, a distance of 535.00 feet; thence southeasterly; deflecting to the left 115 degrees 00 minutes 00 seconds, a distance of 325.00 feet; thence easterly, parallel with the south line of said Government Lot 5, to the east -line of said Government Lot 5; thence northerly, along said east line, to a point distant 628.50 feet southerly from the northeast corner of said Government Lot 5; thence northwesterly, deflecting to the right 68 degrees 00 min- utes 00 seconds, a distance of 385.00 feet; thence westerly to the point of beginning., The above described property contains 10.00 acres, more or less, excluding highway, and is subject to an easement for public right-of-way purposes in Old State Highway No. 41. Ches-Mar Realty Company (Book 118, Page 353 of Deeds and Book 128, Page 291 of Deeds) :Those parts of Government Lots 5 and 6, Section 4, Township 115 North, Range 23 West of the 5th 1I' Principal Meridian described as follows: Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter a distance of 625.00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet; thence southeasterly, deflecting to the right 86 degrees 20 minutes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 750.00 feet; thence northeasterly, deflecting to the rtgtt 115 degrees 00 minutes 00 seconds, a distance of 535.00 feet to a point hereinafter referred to as "Point A"; thence north- westerly deflecting to the left 116 degrees 00 minutes 00 seconds, a distance of 665 feet, more'or less, to the shore line of Lake Minnewashta and the point of beginning of the land to be described; thence southeasterly, along the last described line, to said "Point A"; thence southwesterly, de- flecting to the right 116 degrees 00 minutes 00 seconds, a distance of 1005.00 feet; thence westerly, deflecting to the right 48 degrees 00 minutes 00 seconds, a distance of 390.00 feet; thence north- westerly deflecting to the right 50 degrees 00 minutes 00 seconds, a distance of 550.00 feet; thence northeasterly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance or 250 Feet, more or less, to the shore line of Lake Minnewashta; thence easterly along said shore line to the point of beginning. EXCEPT that part of the above described property which lies northerly of the following described line: i Commencing at the southwest comer of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing or West distance of 149.00 feet; thence North 29 degrees 15 minutes 00 seconds East a distance of 256.30 feet; thence South 67 degrees 15 minutes 00 seconds East a distance of 330.80 feet; thence North 71 degrees 15 minutes 00 seconds East a distance of 460.00 feet; thence North 52 degrees 00 min- utes 00 seconds East a distance of 420.00 feet; thence South 52 degrees 00 minutes 00 seconds East a distance of 580.00 feet; thence South 15 degrees 00 minutes 00 seconds East a distance of 1060.00 feet to the beginning of the line to be described; thence North 75 degrees 00 minutes 00 •seconds East a distance of 350.00 feet and said line there terminating. The above described property contains 12.30 acres, more or less. :,hes -Mar Realty Company (Book 118, Pae. 05 of Deeds • .nd. Book 128, Page 291 of Deeds) ...- Those parts of Government Lots 5 and 60 of Section 4, and those parts of the Northwest Quarter of the Northeast Quarter and the Northeast uuarter of the Northwest Quartor of Section 9, all in Township 116 North, Range 23 West of the 5th ,Principal Meridian described as follows: Commencing at the southwest comer of said Northeast Quarter of the Northwest Quarter; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 625,00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet to the beginning of the land to be described; thence southeasterly, deflecting to the right 86 degrees 20 minutes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a distance of 500.00 feet; ,hems northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 750.00 feet; thence southwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance or 470.00 feet; thence westerly, deflecting to the right 48 degrees 00 minutes 00 seconds, a distance of 390.00 feet; thence northwesterly, deflecting to the right 50 degrees 00 minutes 00 seconds, a distance of 550.Ob Feet; thence southwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 60.00 feet; thence southeasterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 577.98 feet; thence easterly deflecting to the left 50 degrees 00 minutes 00 seconds, a distance of 425.00 feet; thence southerly a distance of 500 feet, more or less, to the point of beginning. EXCEPT that part of the above described property which lies northerly of the following described line: Commencing at the southwest comer of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes 00 seconds East a distance of 256.30 feet; thence South 67 degrees 15 minutes 00 seconds East a distance of 330.80 feet; thence North 71 degrees 15 minutes 00 seconds East a distance of 460.00 feet; thence North 52 degrees 00 minutes 00 seconds East a distance of 420.00 Feet; thence South 52 degrees 00 minutes 00 seconds East a distance of 580.00 feet; thence South 15 degrees 00 minutes 00 seconds East a distance of 1060.00 feet to the beginning of the lineto be described; thence North 75 degrees 00' minutes 00 seconds East a distance of 350.00 feet and said line there terminating. s -Mar Realty Company (Book 128, Page 297 of Deeds) Parcel I. " /Those parts of Government Lot 5, Section 4, and the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, Carver County, State of Minnesota, described as Follows: Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 9; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 625,00 feet; _ thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a//distance of 1010.00 feet; thence southeasterly, deflecting to the right 86 degrees 20 minutes 00 seconds, a distahce of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a distance of 500.00 feel; thence northerly deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 Feet; thence northwesterly, deFlectlnq to the left 65 degrees 00 minutes 00 seconds, a distance of 425.00 feet to the point of beginning of the land to be descrtbed; thence south- easterly, deflecting to the left 180 degrees 00 minutes 00 seconds, a distance of 425,00 feet;�thence southerly, deflect- ing to the right 65 degrees 00 minutes 00 seconds a distance of 250,00 Feet; thence southwesterly, deflecting to the right 15 degrees 00 minutes 00 seconds, a distance o• 390.00 feet; thence southeasterly, deflecting to the left 90 degree 00 minutes 00 seconds, to the northwesterly right-ol way line of State Highway No. 41; thence 'Southwesterly, along said northwesterly right-of-way line, to the south line of the Northwest Quarter of the Northeast Quarter of said Sectior 9; thence easterly, along the south line of said Northwest Quarter of the Northeast Quarter, to the southeast corner of said Northwest Quarter of the Northeast Quarter; thence northerly, along the east line of said Northwest Quarter of the Northeast Quarter, to the northeast corner of said Northwest Quarter of the Northeast Quarter and the southeast comer OF Government Lot 5 of said Section 4; thence northerly, along the east line of said Government Lot 5, to the inter- section with a line drawn easterly from the point of be-ltnning and parallel with the south line of said Government Lot 5; thence westerly, along said parallel line, to the poi, Et of beginning. EXCEPTING from the above described property the four following described parcels of two: EXCEPTION NO. 1 i7hat part of the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, Carver County, State of Minnesota, described as follows: ' Beginning at the southeast corner of said Northwest Quarter Of the Northeast Quarter running thence northerly along the east line of said Northwest Quarter of the Northeast Quarter a distance of 960 Feet, running thence due west to the westerly line of the right-of-way, of State Trunk Highway No. 41, running thence southerly along the westerly line of the right-of-way, of said Highway to its point of intersection with the south line of said Northwest Quarter of the Northeast Quarter, running thence easterly to the point of beginning, EXCEPTION NO, 2 '`That part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section Nine (9), Township One Hundree Sixteen (118), Range Twenty-three (23), Carver County, Minnesota, described as follows:, Beginning at a point in the North line of said Section Nine (9), distant Three Hundred Sixty-Ftve and Six Tenths (365.6) feet West of the Northeast comer of said Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4), thence South 1 degree 44 minutes West, One Hundred Forth Five and Three Tenths (145.3) feet to the actual point of beginning of the tract to be described; thence continuing South 1 degree 44 minutes West Two Hundred Eight and Seventy-Cne Hundredths (208.71) feet; thence South 87 degrees 26 minutes East Two Hundred Eight and Seventy One Hundredth (208.71) feet to the Westerly line of Trunk Highway Number Forty One (41); thence North 1 degree 44 minutes East along said Westerly Highway line Two Hundred Eight and Seventy One Hundredths (206.71) feet; thence North 87 degrees 26 minutes West, Two Hundred Eight and Seventy One Hundredths (208.71) feet to the place of beginning. EXCEPTION NO. 3 - That part of Government Lot 5, Section 4, and the Northwest Quarter of the Northeast Quarter of Section 9, Township it(. Range 23, Carver County, Minnesota, described as follows: Beginning at a point on the north line of said Section 9. distant 365.6 feet west of the northeast corner of said Northwest Quarter of the Northeast Quarter; thence North 1 degree 44 minutes East 63.41 feet; thence South 87 degrees 26 minutes East 208.71 feet to the westerly line of the right of way of Trunk Highway Number Fort9 One (41); thence South 1 degree 44 minutes West along the West line of said Highway 53.41 feet to the North line of said Section 9; thence continuing southerly along the West line of said Highway 155,3 feet; thence North 87 degrees 26 minutes West 208.71 feet; thence North 1 degree 44 minutes East 145.3 feet to the North line of said Section 9 which is the place of beginning. I r s rye •] .. "� $xry�"` x�i. '% t'r`y, -t+c r� n4M �y1r' s"„ �i + x - kr+4yv c " - - C i. •7=r t ir'fi ` S Z M 1 Y Vt d' <,^�✓ }. 4y�` 7 a7h'i��F v y, „ r?1 r`f" 5. I^"n, .vim'' �' •y� n s.uyyi�.IrFI�. >a yy��I a J4 �M` '. - �r'ieY.•rs..rr a ....y M"� - ., .dr.. .. Ches-Mar Realty Company :1ouk 120, Page 347 • OF Deeds) (Continued) EXCEPTION NO. 4 ✓That part of the Northwest Quarter of the Northeast Quarter or Secd-el 9, Township I16, Range 23, Carver County, Minnesota, descrihod as follows: Beginning at a point in the Nurthline of said Section 9 distant 3115.6 feet West of tine Northeast corner of said Northwest Quarter of the Northeast Quarter; thence South I degree 44 minutes West a distance of 440,11 toot to the actual point of heginning uF the tract to be described; thence continuing South 1 degree 44 minutes West a distance of 160.05 feet; thence South 70 degrees 39 minutes East a distance of 203.75 feet to the Westerly right of way line of State Trunk Highway Number 41; thence North 14 degrees 52 minutes East along said Westerly right of way line a distance of 65,9 feet; thence North 1 degree 44 minutes East along said.Westerly right of way line a distance of 174,3 feet; thence North 87 degrees 26 minutes West a distance of 206,71 feet to the paint of beginning. The above described property contains 5.00 acres, more or less, excluding highways, and is sub- ject to easements for public right-of-way purposes in State Highway No, 41 and Old State Highway No. 41. Parcel 11: h'�Those parts of Government Lots 6 and 7, Sectiah 4, Township 110 North, Range 23 West of the 5th Principal Meridian, Carver County, Minnesota, described as follows: Commencing at the southwest corner of said Section 4; thence on an assumed• bea ring of North, along the west line of said Section 4, a distance Of 1523.00 feet; thence on a bear- ing of West a distance of 149,00 Feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 57 degrees t5 minutes East a distance of 330.80 feet; thence North 71 degrees 15 minutes East a distance -of 460,00 feet to the beginning of the land to be described; thence North 52 degrees 00 minutes East a distance of 420.00 feet; thence South 52 degrees 00 minutes East a distance of 580.00 Feet; thence South 74 degrees 00 minutes West a distance of 503.73 feet to the intersection with a line bearing South 52 degrees 00 minutes East from the point of beginning;. thence North 52 degrees 00 minutes West a distance of 385.52 Feet to the point of beginning. The above described property contains 4.50 acres, more or less. Ches-Mar Realty Company (Book 116, Page 548 of Deeds and Book 128, Page 291 of Deeds) That partof Government Lot 1, Section 5, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the southeast corner of said Section 5; thence on an assumed bearing of North, along the east line of said Section 5, a distance OF 1523.00 feet; thence on a bear- ing of West a distance of 149.00 Feet, to the point of beginning of the land to be described; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance of 25.77 feet, more or less, to the east line Of said Section 5; thence on a bearing of North along said east line to the shore line of Lake Minnewashta; thence westerly, southwesterly, southerly and southeasterly, along said shore line to the tntorsectton with a line bearing South 29 degrees 15 minutes West from the point of begin- ning; thence North 29 degrees 15 minutes East to the point of beginning. /Those parts of Government Lots 6 and 7, Section 4, Township 116 North, Range 23 West of the 1' 5th Principal Meridian described as follows: Commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bear- ing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance of 330.80 `feet, to the point of beginning of the land to be described; thence North 71 degrees 1:5 minutes East a distance of 460.00 feet; thence North 52 degrees 00 minutes East a distance of 420.00 feet; thence South 52 degrees 00 minutes East a distance of 560 Feet; thence South 15 degrees 00 minutes East a distance of 1060.00 feet; thence North 75 degrees 00 minutes East a dis- tance of 350.00 feet, more or less, to the shore line of Lake Minnewashta; thence northerly, northeasterly, northwesterly, westerly and southwesterly, along said shore line to the west line of said Section 4; thence on a bearing of South, along said west line, to the intersection with a line bearing North 67 degrees 15 minutes West from the point of beginning; thence South 657 degrees 15 minutes East a distance of 305.03 Feet to the polint of beginning. Containing 33.10 acres above the high water lint! of Lake Minnowashta. County of Carver (Book 147, Page 450 of Deeds) /Those parts of Government Lot One (1) in Section Five (5) and Government Lot Seven (7) in 1/ Section Four (4), Township One Hundred Sixteen (116), Range Twenty-three (23), Carver County, Minnesota, described as follows: Beginning at a point in the West line of said Section Four (4) distant Fifteen Hundred Twenty three (1523) feet North of the Southwest corner thereof, (the West line of said Section Four (4) is assumed to be Due North and South for the purpose of this description); thence Due West One Hundred Forty Nine (149) feet to the actual point Of beginning OF the tract to be described; thence North Twenty Nine Degrees Fifteen Minutes East IN 29° 15' E) a distance of Two Hundred Fifty Six and Three Tenths (256.3) feet; thence South Sixty Seven Degrees Fifteen Minutes East (S67* 15' E)a distance of Three Hundred Thirty and Eight Tenths (330,8) feet to the beginning of a curve to the right having a radius of Eighty Six and Seven Tenths (66.7) feet and a Delta angle of Fifty Two Degrees Twenty Two Minutes (52° 22'); thence along said curve to the right a distance of One and Ninety Six Hundredths (1.96) feet; thence South Fifty One Degrees Fifteen Minutes West (S 51 ° 15' W) .a distance of Four Hundred Three and Nine Tenths (403.9) feet more or less to the shore line of Lake Minnewashta; thence North- westerly along said shore line to its intersection with a line bearing South Twenty Nine Degrees Fifteen Minutes West (S 29° 15' W) from the actual point of beginning; thence North Twenty Nine Degrees Fifteen Minutes East (N 29° 15' E) to the actual point of beginning, together with the easement contained in that certain deed executed by Chester W. Johnson and Marguerite Erooks Johnson, dated December 22, 1949, filed Decemher 23, 1940; Rec. Book "47" of Deeds, page 501. �.�.t...� _nw '��"• ,'• ww'w.w.•.,a�rou>.v �':.r-v.N<_..+ae.._,a:.S.:s,...�..-:.uw`.r+."'-.:moiri..-;�« "r _�' ^' a.,�;'v�.�.arrau.•�rtiKa�ki$^isitdtatui:kis::.:i. +ea --Mar Realty Company (ticxok 134, Page 212 -- Deeds) Those parts of Government Lots 6 and 7 of Seetl?n 4, and that part of Government Lot I of Section 5, Township I lo; Nor: {2ange 23 West of the 5th Principal Meridian, lying sc,utherly and westerly of "Line 3" and northerly of "Line '4' and it= westerly extenst.%n. Said "Line 3" and "Line 4" are described as follows: "Line 3" is described as c�mmencfng- at the southwest comer of said Section 4; thence on an assumed bearing of North, along the west line of said Secti-:n 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance of 330.80 feet; thence North 71 degrees 15 minutes East a distance of'460.00 feet to a point hereinafter described as "Point ft"; thence North 52 degrees 00 minutes East a distance of 420.00 feet; thence South 52 degrees 00 minutes East a distance of 580.00 feet; thence South 15 degrees 00 minutes East a distance of 1060.00 feet to the point of beginning of said "Line 3"; thence North 15 degrees 00 minutes West a distance of IO6O.00 feet; thence South 74 degrees 00 minutes West a distance of 503.73 feet to the Intersection with a Iine bearing South 52 degrees 00 minutes East from said "Point B"; thence North 52 degrees 00 minutes West a dis- tance of 385.52 feet to said "Point B"; thence South 71 degrees 15 minutes West a distance of 460.00 feet; thence South 51 degrees 15 minutes West to the easterly shore line of Lake Minnewashta and said "Line 3" there terminating "Line 4" Is described as commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1165.00 feet to the point of beginning of said "Line 4"; thence on a bearing of East to the intersection with said "Line 3" and said "Line 4" there terminating. The above described property contains 16.54 acres, trnre or less. _ hes-Mar Realty Company (Book 142, Page 307 r Deeds) /Those parts of Government Lots 6 and 7 of Section 4, and that part of Government Lot I of Section 5, Township 116 Nor Range 23 West of the 5th Principal Meridian, lying .westerly of "Line 3", southerly of "Line 4" and its westerly extension and northerly of "Line 5". Said "Line 3", "Line 4", and "Line 5" are described as follows: "Line 3" is described as commencing at the southwest comer of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 57 degrees 15 minutes East a distance of 330.80 feet; thence North 71 degrees 15 minutes East a distance of 460.00 feet to a point herein- after described as "Point B"; thence North 52 degrees 00 minutes East a distance of 420.00 feet; thence South 52 degrees OO minutes East a distance of 580.00 feet; thence South 15 degrees 00 minutes East a distance.of 1060.00 .feet to the point of beginning of said "Line 3"; thence North 15 degrees 00 minutes West a distance of 1060.00 feet; thence South 74 degrees 00 minutes West a distacne of 503.73 feet to the intersection with a line bearing South 52 --'.'degrees 00 minutes East from said "Point B"; thence North 52 degrees 00 minutes West a distance of. 385.52 feet to said "Point B"; thence South 71 degrees 15 minutes West a distance of 460.00 feet; thence South 51 degrees 15 minutes West to the easterly shore line of Lake Minnewashta and said "Line 3" there terminating "Line 4" is described as commencing at the southwest corner of said Section 41 thence on an assumed bearing of North, along the west line of said Section 4, a distance of 11(55.00 feet to the point of beginning of said "Line 4"; thence on a bearing of East to the intersection with said "Line 3" and said "Line 4" there terminating. "Line 5" is a line 197.00 feet southerly of, measured at a right angle W and parallel with said "Line 4". The above described property contains 8.00 acres, more or loss. hes-Mar Realty Company (Book 149, Page 438 F Deeds) Those parts of Government Lots 6 and 7, Section 4, and that part of Government Lot 1 of Section 5, Township 1111 North Range 23 West of the 5th Principal Meridian, lying westerly of "Line 2" and its northerly extension, southerly of "Line 5 and its westerly extension and northerly of "Line 6". Said "Line 2", "Line 5", and "Line 6" are described as follows: "Line 2" is described as commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of ' Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly, along the southerly '.line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet to a point hereinafter referred to as "Point Y"; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, adistance of 1010.00 feet W a point hereinafter referred to as "Point Z"; thence southeasterly, deflecting to the right 86 degrees 20 min- utes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting W the left 86 degrees 20 minutes 00 seconds, a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 750.00 fee[; thence southwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 470.00 feet; ' thence westerly, deflecting to the right 48 degrees 00 minutes 00 seconds, a distance, of 390.00 feet; thence north- westerly, deflecting to the right 50 degrees 00 minutes 00 seconds, a distance of 550.00 feet; thence southwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 60.00 feet to the beginning of said "Line 211; thence southeasterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 577.98 feet; thence easterly, deflecting to the tart 50 degrees 00 minutes 00 seconds, a distance of 425.00 feet; thence southerly a dis- tance of 500 feet, more or less, to said "Point Z"; thence southwesterly a distance of 1010.00 feet to said "Point Y" and said "Line 2" there terminating. "Line 5" Is described as commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 968.00 feet to the point of beginning of said "Line 5"; thence on a bearing of East to the shore line of Lake Minnewashta and said "Line 5" there terminating. "Line 6" is a line 455.00 feet southerly of, measured at a right angle to and parallel with said ".Line 5". EXCEPTING therefrom that part of said Government Lot 6 embraced within the following described property: ;Those parts of Government Lots 6 and 7, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridi ' described as follows: Commencing at the southwest comer of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of,149.00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance of 330.80 feet ,to the point or beginning of the land to be described; thence North 71 degt•ees 15 minutes East a distance of 460,00 feet; thence North 52 degrees 00 minutes East a distance of 420.00 feet; t3q thence South 52 degrees 00 minutes East a distance of 580.00 feet; thence South 15 degrees 00 minutes East a distance of 1060.00 feet; thence North 75 degrees 00 minutes East a distance 'of 350.00 feet, more of less, to the shore line of Lake Minnewashta; thence northerly, northeasterly, northwesterly, westerly and south- westerly, along said shore line to the west line of said Section 4; thence on a bearing of South, along said west line, to the intersection with a line bearing North 67 degrees 15 minutes West from the point of beginning; thdnce South 67 degrees 15 minutes East a distance of 305.03 feet to the point of beginning. The Above described property contains 19.00 acres, more or less. _ .,r Ucetlsj • • Govommant Lot I in Sectt.,n 5, T,,wnship 116, Range 23, Government Lot 5 m Section 4, Township 116, Range 23, excepting that part -,f said Government Lot conveyed to Luther F. Dickinson, described as follows: Commencing at the rrirthoast comer of said Lot 5; thence running West along the North line about 12 rods to a ravine; thence West of South along the ravine about 15 rods; thence along the ravine South of East about 16 and 1/2 rods to intersect Jlha East line of said Lot 5; thence along the East line running North about 19 rods to the place of beginning; Als,, Government Lots 6 and 7 in Section 4, Township 116, Range 23, the Northwest Quarter of the Northeast Quarter of Section 9, Township 116, Range 23 except that part of said Northwest Quarter OF the Northeast Quarter described as Follows: Commencing at the southeast corner of said Northwest Quarter of the Northeast Quarter ,running thence northerly along the east line of said Northwest Quarter of the Northeast Quarter a distance of 960 feet, running thence due West W the easterly line of the right-of-way of State Trunk Highway No. 12, running thence southerly along the easterly line of the right of way of said Highway to its point Of intersection with the s,,,uth line of said Northwest Quarter of the Northeast Quarter, running thence easterly to the point of beginning. Also, all of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116, Range 23, all Of Govern- ment Lot 1, Section 0, Township 116, Range 23. EXCEPTING FROM ALL OF THE AROVE-bESCRIBED PROPERTY. THE FOLLOWING: 1. Those parts of the lands described atove described in Deeds of record in the office of the Register of Deeds of Carver County, Minnesota in Hook 53 of Deeds, page 116, Book 47 of Deeds, page 501, Book 47 of Deeds, page 544 and Book 60 of Deeds, page 97. U. Those parts of the Northeast Quarter of the Northwest Quarter and of the Northwest Quarter of the North- east Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence easterly, along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet, to the point of beginning of the land to be described; thence northeasterly, deflecting to the left 07 degrees 00 minutes, a distance of 1010,00 feet; thence southeasterly, deflecting W the right 66 degrees 20 minutes a distance OF 950.00 feet; thence northeasterly deflecting to the left 86 degrees 20 minutes, a distance of 110.00 feet; thence southeasterly, deflecting to the right 90 degrees 00 minutes, to the northwesterly right-of-way line of State Trunk Highway No, 41; thence southwesterly, along said northwesterly right-of-way line, to the south line of said Northwest Quarter of the Northeast Quarter; thence westerly, along the southerly line of said Northwest Quarter of the Northeast Quarter and along the southerly line of said Northeast Quarter of the Northwest Quarter to the point of begin- ning, excepting therefrom the following: That part of the Northwest Quarter of, the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian described as Follows: Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 0; thence on an assumed bearing of East, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet; thence North 23 degrees 00 minutes 00 seconds East a distance of 1010.00 feet; thence South 70 degrees 40 minutes 00 seconds East a distance of 970,00 feet; thence South 23 degrees 40 minutes 00 seconds West a distance of 230.00 Feet, to the point of beginning of the land to be described; thence North 23 degrees 40 minutes 00 seconds East a distance Of 200,00 Feet; thence South 69 degrees 20 minutes 00 seconds East a distance of 315.00 Feet; thence South 78 degrees 20 minutes 00 seconds East to the northwesterly right-of-way tine Of State Trunk Highway No. 41; thence southwesterly, along said northwesterly right-of-way line, to the intersection with a line which bears South 66 degrees 20 minutes 00 seconds East from the point of beginning; thence North 66 degrees 20 minutes 00 seconds West to the point of beginninq, - Ill. A. That part of Government Lot 1, Section 5, Township 116 North, Range 23 West of the 5th Principal Mer- idian described as follows; Iv Commencing at the southeast comer of said Section 5; thence on an assumed bearing of North, along the east line of said Section 5, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet, to the point of beginningof the land to be described; thence North 29 degrees 15 minutes East a distance of 255.30 feet; thence SODU', t37 degrees 15 minutes East a distance of 25.77 feet, more or less, to the east line of said Section 5; thence on a bearing of North along said east line to the shore line of Lake Minnewashta; thence westerly, southwesterly, southerly, and southeasterly, along said shore line to the intersection with a line hearing South 29 degrees 15 minutes West from the point of beginning; thence North 29 degrees 1S minutes East to the point Of beginning. B. Those parts of Government Lots 6 and 7, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian described as Follows; Commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 de- grees 15 minutes East a distance of 330.80 feet, to the point of beginning of the land to be described; thence North 71 degrees 15 minutes East a distance of 460.00 feet; thence North 52 degrees 00 min- utes East a distance of 420.00 feet; thence South 52 degrees 00 minutes East a distance of 580.00 feet; thence South 15 degrees 00 minutes East a distance of 1060.00 feet; thence North 75 degrees 00 minutes East adistance of 350.00 feet, more or less, to the shore line of Lake Minnewashta; thence northerly, northeasterly, northwesterly, westerly and southwesterly, along said shore line to the west line of said Section 4; thence on a bearing of South, along said west line, to the intersection with a line bearing North 67 degrees 15 minutes West from the point of beginning; thence South 67 degrees 15 minutes East a distance of 305,03 feet to the point of beginning. Those parts of Govemmeht Lots 5 and 6, of Section 4, and those parts of the Northwest Quarter of the Northeast Quarter, and the Northeast Quarter of the Northwest Quarter of Section 9, all in Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: f. Commencing at the southwest corner or said Northeast Quarter of the Northwest Quarter; thence +� easterly blong the southerly line of said Northeast Quarter OF the Northwest Quarter, a distance t3 t - of 625,00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a 0 distance of 1010.00 feet to the beginning of the land to be described; thence southeasterly, de- flecting to the right 66 degrees 20 minutes 00 seconds, a distance of 950.00 feet; thence north- easterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left E35 degrees 00 minutes 00 seconds, a distance of 750.00 feet; thence southwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 470.00 feet; thence westerly, deflecting to the right 48 degrees 00 minutes 00 seconds, a distance of 39o.o0 feet; thence northwesterly, deflecting to the right 50 degrees 00 minutes 00 seconds, a distance of 550,00 feet;thence southwesterly, deflecting to the loft 90 degrees 00 minutes 00 seconds, a distance of 60,00 feet; thence southeasterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance Of 577.98 feet; thence easterly, deflecting t1 the left 50 degrees 00 minutes 00 seconds, a distance of 425.Od feet; thence southerly a distance of 500 feet, more or less, to the point of beginning, EXISTING DESCRIPTIONS (Continued); Ches-Mar Realty Company (Book 156, Page 160 of Deeds) (Continued) IV. (Continued) EXCEPT that part of the above described property which lies northerly of the following described line: Commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes 00 seconds East a distance of 256.30 feet; thence South 67 degrees 15 minutes 00 seconds East a distance of 330.80 feet; thence North 71 degrees 15 minutes 00 seconds East a distance OF 460.00 feet; thence North 52 degrees 00 minutes 00 seconds East a distance of 420.00 feet; thence South 52 degrees 00 minutes 00 seconds East a distance of 560.00 filet; thence South 15 degrees 00 minutes 00 seconds East a distance of 1060.00 feet to the beginning of the line to be described; thence North 75 degrees 00 minutes 00 seconds East a distance of 350.00 feet and said line there terminating. V. Those parts of Government Lots 5 and 6, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the .Southwest comer of the Northeast. Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter a distance of 625.00 feet; thence northeasterly, deflecting to the .left 67 degrees 00 minutes 00 seconds, a distance OF 1010.00 feet; thence southeasterly deflecting to the right 86 degrees 20 minutes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the left 66 degrees 20 minutes 00 seconds, a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.OQ feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 750.00 Feet; thence northeasterly, deflecting to the right 115 degrees 00 minutes 00 seconds, a distance of 535.00 Feet to a point hereinafter referred to as "Point A"; thence northwesterly deflecting to the left 116 degrees 00 minutes 00 seconds, a distance of 665 feet, more or less, to the shore line of Lake Minnewashta and the point of beginning of the land to be described; thence southeasterly, along the last described line, to said "Point A"; thence southwesterly, deflecting to the right 116 degrees 00 minutes 00 seconds, a distance of 1005.00 feet; thence westerly, deflecting to the right 48 degrees 00 minutes 00 seconds, a distance of 390.00 feet; thence northwesterly, deflecting to the right 50 degrees 00 minutes 00 seconds,a distance of 550.00 feet; thence northeasterly, deflecting to the right 90 de- grees 00 minutes 00 seconds, a distance of 250 feet, more or less, to the shore. line of Lake Minnewashta; thence easterly along said shore line to the point of beginning. EXCEPT that part of the above described property which lies northerly of the following described line: Commencing at the southwest comer of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes 00 seconds East a distance of 256.30 feet; thence South 67 degrees 15 minutes 00 seconds East a distance of 330.80 feet; thence North 71 degrees 15 minutes 00 seconds East a distance of 460.00 feet; thence North 521 degrees 00 minutes 00 seconds East a distance of 420.00 Feet; thence South 52 degrees 00 minutes 00 seconds East a distance of 580.00 feet; thence South 15 degrees 00 minutes 00 seconds East a distance of 1060.00 feet to the beginning of the line to be described; thence North 75 degrees 00 minutes 00 seconds East a distance of 350.00 feet and said line there terminating. VI. Portions heretofore conveyed by Warranty Deed to the Chas Mar Realty Company. F1aOPCSEO DESCRIPTION FOR ISTRATICN: • Par. 1: Govomment Lot 1, Section 5, Township 116 North, Range 23 Whet of the, 5th Principal Meridian, and accretions thereto, Par. 2: Givernment Lot 7, Section 4, Township 116 North, Ringo 23 West of the Pith Principal Meridian, and accretions thereto in Sections 4 and 5. Par. 3: Government Lot 4 and Government Lot 6, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian, and accretions thereto. Par. 4: The Northeast Quarter of the Southeast Quarter of Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian, Subject to easements for public right-of-way purposes in Trunk Highway No. 41 and in Cld Trunk Highway No. 41. Also subject to an easement For electric transmission line purposes, over and across the east 75.00 feet. Par, 5: Those parts of the following described properties: That part of Government Lot 3, Section 4, Township 116 north, Range 23 West of the 5th Principal Meridian, and accretions thereto, lying easterly of the southerly extension of the east line of Government Lot 2 in said Section 4; and The Southeast Quarter of the Northeast Quarter of Section 4, Township 113 North, Range 23 West of the 5th Principal Meridian, Which lie southerly of a line described as follows: Commencing at a point on the north line of said Government Lot 3, distant 680.00 feet easterly from the southeast comer of Government Lot 2 in said Section 4; thence south, parallel with the east line of the Northeast Quarter of said Section 4, a distance of 396.00 feet, to a point hereinafter referred to as "Point A"; thence southwesterly, to a 'point on the southerly extension of the east line of said Government Lot 2, distant 550.00 feet southerly from said southeast corner, to the point of begij ming of the line to be described; thence northeasterly, a distance of 696.19 feet to (?te above mentioned "Point A"; thence east, parallel with the north line of said Government Lot 3.and the north line of said Southeast Quarter of the Northeast Quarter, a distance of -,193e.44 feet, to the east line of said Southeast Quarter of the Northeast Quarter and said line there terminating, The Southeast Quarter of the Northeast Quarter of said Section 4 Is subject to easements for public right-of-way purposes in Trunk Highway No. 41 and in Old Trunk Highway No. 41. . The Southeast Quarter of the. Northeast Quarter of said Section 4 is also subject to an easement for elects-ic transmission line purposes over and across part of the east 75.00 feet of said Southeast Quarter of the Northeast Quarter. Par. 6: That part of Government Lot 1, Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, and accretions thereto in Sections 8 and 9, which lies north of the south 185.00 feet of said Government Lot 1 and lying easterly and northerly of a line described as follows: Beginning at the intersection of the south line of said Government Lot 1 and the east line of the most westerly 185.00 feet of said Government Lot 1; thence on an assumed bearing of North 0 degrees 19 minutes 29 seconds East, parallel with the most westerly line of said Government Lot 1, a distance of 680.08 feet, to the north line of the south 680.00 feet of said Government Lot 1; thence North 88 degrees 50 minutes 03 seconds West, parallel with said south line, a distance of 185.02 feet to said most westerly line and said line there terminating. Par, 7; That part of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian which lies north of the south 185.00 feet of said Northeast Quarter of the Northwest Quarter and lying westerly and northerly of a line described as follows: Commencing at the southwest comer of said Northeast Quarter of the Northwest Quarter; thence easterly, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 Peet, to the point of beginning of the line to be described; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet; thence southeasterly, deflecting to, the right 86 degrees 20 minutes 00 seconds, a distance of 260.12 feet, to the east line of said Northeast Quarter of the Northwest Quarter and said line there terminating. . Par, 2: That part of GoverrLot 5, Section 4, Township 1165 Nor•Rnwge 23 West of the 5th - - Principal Moridiah, taceretions thereto, described as foil. Commoncing at the northeast corner of said Governm=nt Lot 5; thence on an assumed bearing of South 89 degrees 49 minutes 20 seconds West, along the north line Of said Government Lot 5, a distance of 196.00 feet, to the point of beginning of the land to be described; thence South 14 degrees 46 rn.nutes 20 seconds West a distance of 247,50 feet; thence South 73 degrees '36 minutes 08 seconds East, a distance of 259.79 feet, to a point on the east line of said Government Lot 5, distant 313.50 feet southerly from the northeast comer of said Gove mment Lot 5; thence South 2 degrees 10 minutes 18 seconds West, along said east line, a distance of 993.21 feet, to the southeast corner of said Government Lot 5;'thence North 89 degrees 04 minutes 50 seconds West, along the south line of said Government Lot 5, a distance of 139.47 feet; thence North 3 degrees 18 minutes 57 seconds East a distance of 54.81 feet; thence North 85 degrees 38 minutes 54 seconds West, a distance of 206,10 feet, to the intersection with a line which bears North 3 degrees 24 minutes 18 seconds East from a point on said south line distant 345.81 Feet westerly from said southeast corner; thence South 3 deg,r!e7 24 minutes 18 seconds West, a distance of 67.17 feet, to said south line; thence North 89 degrees 04 minutesi50 seconds West, along said south line, a distance of 980.79 feet, to the southwest comer of said Government Lot 5; thence North 2 degrees 48 minutes 35 seconds East, along the west line of said Government Lot 5, about 725 feet, to the shoreline of Lake Mlnnewashta; thence northerly, along the shoreline of said lake, to the north line of said Government Lot 5; thence North 89 degrees 49 minutes 20 seconds East, along said north line, about 937 feet, to the point Of beginning, Subject to easements for public right-of-way purposes in Trunk Highway No. 41 and in Old Trunk Highway No. 41, Par. 0: That part of the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian described as Follows: Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 9; thence on an assumed bearing of South 88 degrees 50 minutes 03 seconds East, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 525.00 feet; thence North 24 degrees 09 minutes 57 seconds East a distance Of 1010.00 feet, to a point hereinafter referred to as "Point Z"; thence South 69 degrees 30 minutes 03 seconds East, a distance of 260.12 feet, to the west line of said Northwest Quarter of the Northeast Quarter, being the point of beginning of the land to be described; thence continuing South 69 degrees 30 minutes 03 seconds East, a distance of 689.88 feet, to a point distant 950,00 feet From said "Point Z"; thence North 24 degrees 09 minutes . 57 seconds East a distance of 110.00 feet; thence South 65 degrees 50 minutes 03 seconds East a distance of 533,91 Feet; thence northeasterly a distance of 202.05 feet along a non-tangential curve concave to the west having a radius of 1482.40 feet, a central angle of 7 degrees 48 minutes 34 seconds and a chord that bears North 12 degrees 53 minutes 55 seconds East; thence North 81 degrees 00 m.nutes 22 seconds West, not tangent to said curve, a distance of 17.00 feet; thence northeasterly a distance of 145.22 feet along a non-tangential curve concave to the west having a radius of 14C;5.40 feat, a central angle of 5 degrees 40 minutes 41 seconds and a chord that bears North 6 degrees 09 minutes 17 seconds East; thence North 3 degrees 18 minutes 57 seconds East, tangent to said curve, a distance of 26.05 feet; thence South 86 degrees 41 minutes 03 seconds East a distance of 17.00 feet; thence North 3 degrees 18 minutes 57 seconds East a distance of 78.34 feet, to the intersection with a tine drawn westerly, at a right angle to the east line of said Northwest Quarter of the Northeast Quarter, from a point on said east line distant 960.00 feet northerly from the southeast corner or said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 55 minutes 38 seconds East, along said right angle line, a distance of 78.91 feet, to said east line; thence North 0 degrees 04 minutes 22 seconds West, along said east line, a distance of 379.39 Feet, to the northeast corner of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 04 minutes 50 seconds West, along the north line OF said Northwest Quarter of the Northeast Quarter, a distance of 139.47 feet; thence South 3 degrees 18 minutes 57 seconds West a distance of 483.95 feet; thence southerly, a distance of 208.68 feet, along a tangential curve concave to the west having a radius of 1399.40 Feet and a central angle of 8 degrees 32 minutes 38 seconds; thence North 59 degrees 04 minutes 09 seconds West, not tangent to last described curve, a distance of 201.03 feet, to the intersection with a line which bears South 3 degrees 24 minutes 18 seconds West from a point on the north line of said Northwest Quarter of the Northeast Quarter distant 345.81 feet westerly From the northeast comer of said Northwest Quarter of the Northeast Quarter; thence North 3 degrees 24 minutes 18 seconds East a distance of 622.39 feet, to said north line; thence North 89 degrees 04 minutes 50 seconds West, along said north line, a distance of 980.79 feet, to the northwest corner of said Northwest Quarter of the Northeast Quarter; thence South O degrees 18 minutes 53 seconds West, alongithe west line of said Northwest Quarter of the Northeast Quarter, a distance of 489.99 Feet, to the point of beginning. Subject to easements for public right-of-way purposes in Trunk Highway No. 41 and in Old Trunk Highway No. 41. Par. 10: That part of the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian described as Follows: Commencing at the northeast comer of said Northwest Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 04 minutes 50 seconds West, aloA9'the north line of said Northwest Quarter of the Northeast Quarter, a distance of 345.81 feet, to,a point hereinafter referred to as "Point B"; thence South 89 degrees 04 minutes 50 < seconds East, along said north line, a distance of 206.34 feet, to a point distant 139,47 feet westerly from said northeast corner; thence South 3 degrees 18 minutes 57 seconds West, a distance of 362.40 feet, to the point of beginning of the land to be described; thence continuing South 3 degrees 18 minutes 57 seconds West a distance of 92.03 feet; thence North 85 degrees 43 minutes 31 seconds West, a distance of 206.88 feet, to the into rsection'w ith a line which bears South 3 degrees 24 minutes 18 seconds West from the above mentioned "Point B"; thence North 3 degrees 24 minutes 18 seconds East, a distance of 92.03 feet, to the intersection with a line which bears North 85 degrees 43 minutes 31 seconds West from the point of beginning; thence South 85 degrees 43'minutes 31 seconds East, a distance of 206.74 feet, to the point of beginning. Subject to an easement for publtc right-of-way purposes in Old Trunk Highway No. 41. 0 0 DL/ -37 LETTER OF TRANSMITTAL CARVER COUNTY PARKS 11360 Highway 212 West PO Box 330 Cologne, MN 55322-0300 Phone - 952-466-5250 / Fax - 952-466-5223 TO. Josh Metzer City of Chanhassen 7700 Market Boulevard - PO Box 147 Chanhassen, MN 55317 RE. • Conditional Use Permit # 75-2 WE ARE SENDING YOU.- COPIES OU. COPIES DESCRIPTION THESE ARE TRANSMITTED as checked below. APR e 2005 CITY Or CHANHASSEN DATE: April 27, 2005 ® For approval Approved as submitted Q Resubmit copies for approval Q For your use Approved as noted Q Submit copies for distribution 0 As requested 0 Returned for corrections 0 Return corrected prints 0 For review and comment 0 REMARKS. Please return a signed copy to Carver County Parks. 11360 Hwy 212 West PO Box 330 Cologne. MN 55322 BY: Barbara Klein TITLE: Parks Acct. Clerk $CANNED CITY OF CHANHA33EN 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 6 Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning A 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: 952.227.1110 Web Site wwwci.chanhassen.mn.us E March 25, 2005 Carver County Parks 11360 Highway 212 P.O. Box 330 Cologne, MN 55322 Re: Conditional Use Permit Amendment 0 Lake Minnewashta Regional Park — Planning Case #04-37 To Whom It May Concern: 6y -3j Enclosed please find the above -referenced conditional use permit amendment for execution. Please sign, notarize and return to my attention for recording. If you have any questions or need additional information, please contact me at 952-227- 1132 or by email at imetzer@ci.chanhassen.mn.us. Sincerely, / osh Metier Planner I JM:ktm Enc. gAplan\2004 planning cases\04-37 - rnmewashra regional park 75-2 cup amendmenNetter cup.doc The City of Chanhassen • A growing community with clean lakes, quality schools, a chanting downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ADDENDUM "A„ AMENDMENT TO CONDITIONAL USE PERMIT #75-2 LAKE MINNEWASHTA REGIONAL PARK AGREEMENT dated February 28, 2005, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Carver County Parks, (the "County"). 1. BACKGOUND. The City previously approved a conditional use permit in 1975 for a regional park on land located on the eastern shore of Lake Minnewashta in Chanhassen. Legal description is attached as "Exhibit A". In 1983 and 1984 the City amended that conditional use permit. 2. PRIOR PERMITS. The City and County entered into and executed Conditional Use Permit 405-2, dated November 21, 1977. Conditional Use Permit 75-2 was amended, dated September 12, 1983, document no. 62114 recorded November 9, 1983. Conditional Use Permit 75- 2 was amended, dated October 5, 1984, document no. 68828 recorded December 24, 1984 (hereinafter the "Conditional Use Permit'). Except as specifically modified and amended by this Addendum "A", the Conditional Use Permit shall remain in full force and effect. 3. MODIFICATIONS. The Conditional Use Permit is modified and amended as follows: Section 6.04 Lake Access is amended to read as follows: 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 surface zoned "Slow — No Wake" with signage at the launch site and in Little Minne Bay and have a capacity of 10 car/trailer spaces. An additional access having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2°d Access" marked Official Copy." 0 r� u 4. RECORDING. This Addendum "A" shall be duly recorded against the subject property- IN roperty IN WITNESS WHEREOF this Addendum "A" was executed by the parties the day and year fust above written. (SEAL) STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) CITY OF CHANHASSEN I -MI 1••&01 Thomas A. Furlong, Mayor Todd Gerhardt, City Manager CARVER COUNTY PARKS I Its The foregoing instrument was acknowledged before me this_day of , 20-, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. h cy r_� ;a •� � � t :� � r•_ STATE OF MINNESOTA ) (ss. COUNTY OF 1 The foregoing instrument was acknowledged before me this _ day of 20 by DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 2 06374T.1417 -FAM 0 0 CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Addendum "A" to Conditional Use Permit #75-2, affirm and consent to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of 20_ STATE OF MINNFSOTA (ss COUNTY OF The foregoing instrument was acknowledged before me this day of 20_ , by DRAFTED BY: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 3 NOTARY PUBLIC DESCRIPTION CF ADJOINING PROP OWNERS iContinudd): • Exhibit A Ches-Mar Realty Company (Book 116, Page 515 of Deeds) Those parts of the Northeast Quarter OF the Northwest Quarter and of the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range. 23 West of the 5th Principal Meridian described as follows: Commencing at the southwest comer of said Northeast Quarter of the Northwest Quarter; thence easterly, along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet, to the point of beginning of the land to be described; thence north- easterly, deflecting to the left 67 degrees 00 minutes, a distance of 1010.00 feet; thence southeasterly, deflecting to the right 86 degrees 20 minutes a distance of 050.00 feet; .thence northeasterly deflecting to the left 6t3 degrees 20 minutes, a distance of 110 feet; thence southeasterly, deflecting to the right 90 degrees 00 minutes, to the northwesterly rtght-of- way line Of State Trunk Highway No. 41; thence southwesterly, along said northwesterly right-uf-way line, to the south line of said Northwest Quarter of the Northeast Quarter; thence westerly, along the southerly line of said Northwest Quarter of the Northeast Quarter and along the southerly line of said Northeast Quarter of the Northwest Quarter to the point OF beginning; excepting therefrom: That part of the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West OF the 5th Principal Meridian described as follows: Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 9; thence on an assumed bearing of East, along the south line of said Northeast Quarter OF the Northwest Quarter, a distance of 625.00 feet; thence North 23 . degrees 00 minutes 00 seconds East a distance of 1010.00 feet; thence South 70 degrees 40 minutes 00 seconds East a distance of 970.00 feet; thence South 23 degrees 40 min- utes 00 seconds West a distance of 230.00 feet, to the point of beginning of the land to be described; thence North 23 degrees 40 minutes 00 seconds East a distance of 200.00 fe@t; thence South 69 degrees 20 minutes 00 seconds East adistance of 315.00 feet; thence South 78 degrees 20 minutes OO seconds East to the northwesterly right-of-way, line of State Trunk Highway No. 41; thence southwesterly, along said northwesterly right-oF-way line, to the intersection with a line which bears South 66 degrees 20 min- utes 00 seconds East From the point of beginning; thence North 66 degrees 20 minutes 00 seconds West to the point of beginning. _. EXCEPT that part described in Book 143, Page 502 of Deeds. Ches-Mar Realty Company (Book 142, Page 307 of Deeds) Par, 1. The South 185.00 feet of Governmer•t Lot 1 and that part of the South 185.00 feet of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, lying westerly of the following described line: Commencing at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence easterly, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet to the point of beginning of the line to be described; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet and said line there terminating. par, 2. That part of Government Lot 1, Section 9, Township 116 North, Range 23 West, of the 5th Principal Meridian, lying westerly of a line 185.00 feet easterly of, measured at a right angle to and parallel with the west line of the Northwest Quarter of said Section 9 and ti which lies southerly of a line 680.00 feet northerly of, measured at a right angle to and parallel with the south line of said Government Lot 1. EXCEPT the South 185,00 feet thereof. EXISTING DESCRIPTIONS: County of Carver (Book 142, Page 214 of Deeds) Parcel 1. Government Lot 4 and the Northeast Quarter of the Southeast Quarter of Section 4, 1,/ Township 116 North, Range 23 West of the 5th Principal Meridian. Parcel 2. That part of the following described property: That part of Government Lot 3, Section 4, Township 118 North, Range 23 West of the 5th Principal Meridian lying easterly of the southerly extension of the east line of Government l'. Lot 2' in said Section 4. ,The Southeast Quarter of the Northeast Quarter'of Section 4, Township 116 North, Range .23 West of the 5th Principal Meridian. Which lies southerly of a line described as follows: Commencing at a point on the north line of said Government Lot 3, distant 680.00 feet easterly from the southeastcornerof Government Lot,2 in said Section 4; thence south, parallel with the east line of the Northeast Quarter of said Section 4, a distance of 396.00 feet, to a point hereinafter referred to as "Point A"; thence southwesterly, to a point on the southerly extension of the .east line of said Government Lot 2,. distant 550.00 feet southerly from said Southeast corner, to the point of beginning of the line to be described; thence northeasterly, a distance of 696.19 feet to the above referenced "Point A"; thence east, parallel with the north line of said Government Lot 3 and the north line of said Southeast Quarter of the Northeast Quarter, a distance of 1938.44 feet, to the east line of said Southeast Quarter of the Northeast Quarter and said line there terminating. The above described properties contain 108.98 acres, more or less. VThe Northeast Quarter of the Southeast Quarter and the Southeast Quarter Of the Northeast Quarter of said Section 4 are subject to easements for public right-of-way purposes in Trunk Highway No. 41 and Old Trunk Highway No. 41. p . 30 - Ches-Mar Realty Company (Book 121, Page 83 of Deeds and Bonk 128, Page 291 of Deeds) /That part of Government Lot 5, Section 4, Township I I e North, Range 23 West of the 5th Principal Meridian described as foll-aws: Commenting at the southwest corner of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly along the southerly line of Said Northeast Quarter of the Northwest Quarter a distance of 625,00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet; thence southeasterly deflecting to the right 86 degrees 20 minutes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, .a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 Seconds, a distance of 750.00 feet; thence northeasterly, deflecting to the right 115 degrees 00 minutes 00 seconds, a distance of 535.00 Feet; thence northwesterly, de- flecting to the left 116 degrees 00 minutes 00 seconds, a distance of 275.00 feet to the point of beginning of the land to be described; thence continuing northwesterly, along the last described line, a distance of 390 feet, more or less, to the shore line of Lake Minnewashta; thence north - arty, along said shore line, to the north line of said Government Lot 5; thence easterly, along said north line, to a point distant 198.00 feet westerly from the northeast comer of said Govern- ment Lot 5; thence southerly, deflecting to the right 104 degrees 57 minutes 00 seconds, a distance of 247.50 feet; thence easterly to a point on the east line of said Government Lot 5 distant 313.50 feet southerly from the northeast comer of said Government Lot 5; thence southerly, along said east line, a distance of 315,00 feet; thence northwesterly, deflecting to the right 112 degrees 00 minutes 00 seconds, a distance of 365.00 feet; thence westerly to the point of beginning. The above described property contains 11.00 acres, more or less, and is subject to an easement for public right-of-way purposes in Old State Highway No. 41, Ches-Mar Realty Company (Book 127, Page 191 of Deeds) /That part of Government Lot 5, Section 4,Township 116 North, Range 23 West of the 5th Principal V Meridian described as follows: Commencing at the southwest comer of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 525.00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet; thence southeasterly deflecting to the right 86 degrees 20 jninutes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a dis- tance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 ser once; a distance OF 750.00 Feet; thence northeasterly, deflecting to the right 11:5 degrees 00 minutes 00 seconds, a distance of 535.00 feet to a point hereinafter referred to: as "Point A"; , thence northwesterly, deflecting to the left 116 degrees 00 minutes 00 seconds, a distance of 275.00 feet to the point of beginning of the land to be described; thence southeasterly, along the last described tine, a distance of 275.00 feet to said "Point A"; thence southwesterly, deflecting to the right 116 degrees 00 minutes 00 seconds, a distance of 535.00 feet; thence southeasterly, deflecting to the left 115 degrees 00 minutes 00 seconds, a distance of 325.00 feet; thence easterly, parallel with the south line of said Government Lot 5, m the east line of said Government Lot 5; thence northerly, along said east line, to a point distant 628.50 feet southerly from the northeast corner of said Government Lot 5; thence northwesterly, deflecting to the right 68 degrees 00 min- utes 00 seconds, a distance of 355.00 feet; thence westerly to the point of beginning., The above described property contains 10,00 acres, more or less, excluding highway, and is subject to an easement for public right-of-way purposes in Old State Highway No. 41, Ches-Mar Realty Company (Book 118, Page 353 of Deeds and Book 128, Page 291 of Deeds) Those parts of Government Lots 5 and 6, Section 4, Township 116 North, Range 23 West of the 5th li Principal Meridian described as follows: Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter a distance of 625.00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet; thence southeasterly, deflecting to the right 86 degrees 20 minutes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 750.00 feet; thence northeasterly, deflecting to the right 115 degrees 00 minutes 00 seconds, a distance of 535.00 feet to a point hereinafter referred to as "Point A"; thence north- westerly deflecting to the left 116 degrees 00 minutes OQ seconds, a distance of 665 feet, more or less, to the shore line of Lake Minnewashta and the point of beginning of the land to be described; thence southeasterly, along the last described line, to said "Point A"; thence southwesterly, de- flecting to the right 116 degrees 00 minutes 00 seconds, a distance of 1005.00 feet; thence westerly, deflecting to the right 48 degrees 00 minutes 00 seconds, a distance of 390.00 feet; thence north- westerly deflecting to the right 50 degrees 00 minutes 00 seconds, a distance of 550.00 feet; thence northeasterly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 250 feet, More or less, to the shore line of Lake Minnewashta; thence easterly along said shore line to the point of beginning. EXCEPT that part of the above described property which lies northerly of the Following described line: Commencing at the southwest comer of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West e distance of 149.00 feet; thence North 29 degrees 15 minutes 00 seconds East a distance of 256.30 feet; thence South 67 degrees 15 minutes 00 seconds East a distance of 330.80 feet; thence North 71 degrees 15 minutes 00 seconds East a distance of 460.00 feet; thence North 52 degrees 00 min- utes 00 seconds East a distance of 420.00 feet; thence South 52 degrees 00 minutes 00 seconds East a distance of 580.00 feet; thence. South 15 degrees 00 minutes 00 seconds East a distance of 1060.00 feet to the beginning of the line to be described; thence North 75 degrees 00 minutes 00 'seconds East a distance of 350.00 feet and said line there terminating. The above described property contains 12.30 acres, more or less. :hes -Mar Realty Company (Book 118, PO.175 of Deeds • tnd Book 12@, Page 291 of Deeds) _.. Those parts of Government Lots 5 and 5, of Section 4, and those parts of the Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest QuarWr of Section 9, all in Township 116 North, Range 23 West of the 5th ,46rircipal Meridian described as follows: Commencing at the southwest comer of sold Northeast Quarter Of the Northwest Quarter; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance Of 1010.00 feet to the beginning of the land to be described; thence southeasterly, deflecting to the right 86 degrees 20 minutes 00 seconds, a distance of 950.(>0 feet; thence northeasterly, deflecting W the left 86 degrees 20 minutes 00 seconds, a distance of 500.00 feet; thence northerly, deflecting W the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly. deflecting W the left 65 degrees 00 minutes 00 seconds, a distance of 750.00 feet; thence southwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 470.00 feet; thence westerly, deflecting to the right 48 degrees 00 minutes 00 seconds, a distance of 390.00 feet; thence northwesterly, deflecting to the right 5o degrees 00 minutes 00 seconds, a distance of 550.0b feet; thence southwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 60.00 feet; thence southeasterly, deflecting W the left 90 degrees 00 minutes 00 seconds, a distance of 577.98 feet; thence easterly deflecting to the left 50 degrees 00 minutes 00 seconds, a distance of 425.00 feet; thence southerly a distance of 500 feet, more or less, to the point of beginning. EXCEPT that part of the above described property which lies northerly of the following described line: Commencing at the southwest comer of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes 00 seconds East a distance of 256.30 feet; thence South 67 degrees 15 minutes 00 seconds East a distance of 330.80 feet; thence North71 degrees 15 minutes 00 seconds East a distance of 450.00 feet; thence North 52 degrees 00 minutes 00 seconds East a distance of 420.00 feet; thence South 52 degrees 00 minutes 00 seconds East a distance of 580.00 feet; thence South 15 degrees 00 minutes 00 seconds East a distance of 1060.00 Feet to the beginning of the line. to be described; thence North 75 degrees 00 minutes 00 seconds East a distance of 350.00 feet and said line there terminating. s -Mar Realty Cumpany (Book 128, Page 297 of Deeds) Parcel L 1fhose parts of Government Lot 5, Section 4, and the Northwest Quarter of the Northeast Quarter of Section 9, Township tib North, Range 23 West of the 5th Principal Meridian, Carver County, State of Minnesota, described as follows: Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 9; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a//distance of 1010.00 feet; thence southeasterly, deflecting W the right 86 degrees 20 minutes 00 seconds, a distajtce of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a distance of 500.00 fees; then,,e northerly deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 55 degrees 00 minutes 00 seconds, a distance of 425.00 feet to the point of beginning or the land to be described; thence south- easterly, deflecting to the left 100 degrees 00 minutes 00 seconds, a distance of 425.00 Feet;othence southerly, deflect- ing to the right 65 degrees 00 minutes 00 seconds a distance of 250.00 feet; thence southwesterly, deflecting to the right 15 degrees 00 minutes 00 seconds, a distance o• 390.00 feet; thence southeasterly, deflecting to the left 90 degree 00 minutes 00 seconds, W the northwesterly right-ol way line of State Highway No. 41; thence 'southwesterly, along said northwesterly right-of-way line, W the south line of the Northwest Quarter of the Northeast Quarter of said Section 9; thence easterly, along the south line of said Northwest Quarter of the Northeast Quarter, to the southeast comer of said Northwest Quarter of the Northeast Quarter; thence northerly, along the east line of said Northwest Quarter of the Northeast Quarter, to the northeast comer of said Northwest Quarter of the Northeast Quarter and the southeast comer OF Government Lot 5 of said Section 4; thence northerly, along the east line of said Government Lot 5, to the inter- section with a line drawn easterly From the point of be-linning and parallel with the south line of said Government Lot 5; thence westerly, along said parallel line, to the point of beginning. . EXCEPTING from the above described property the four following described parcels of land: EXCEPTION NO. 1 /fhat part of the Northwest Quarter OF the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, Carver County, State of Minnesota, described as follows: Beginning at the southeast comer of said Northwest Quarter of the Northeast Quarter running thence northerly along the east line of said Northwest Quarter of the Northeast Quarter a distance of 960 feet, running thence due west to the westerly line of the right-oF-way of State Trunk Highway No. 41, running thence southerly along the westerly line of the right-of-way of said Highway to its point of intersection with the south line of said Northwest Quarter of the Northeast Quarter, running thence easterly W the point of beginning. LLEXCEPTION NO. 2 AThat part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section Nine (9), Township One Hundred Sixteen (116), Range Twenty-three (23)0 Carver County, Minnesota, described as follows:. Beginning at a point in the North line of said Section Nine (9), distant Three Hundred Stxty-Five and Six Tenths (365.6) Feet West of the Northeast corner of said -Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) thence South 1 degree 44 minutes West, One Hundred Forth Five and Three Tenths (145.3) feet to the actual point of beginning of the tract W be described; thence continuing South 1 degree 44 minutes West Two Hundred Eight and Seventy-Cne Hundredths (208.71) feet; thence South 87 degrees 26 minutes East Two Hundred Eight and Seventy One Hundredth (208.71) feet to the Westerly line of Trunk Highway Number Forty One (41); thence North 1 degree 44 minutes East along said Westerly Highway line Two Hundred Eight and Seventy Cne Hundredths (208.71) feet; thence North 87 degrees 26 minutes West, Two Hundred Eight and Seventy One Hundredths (208.71) feet to the place of beginning. EXCEPTICN NO. 3 ;That part of Government Lot 5, Section 4, and the Northwest Quarter of the Northeast Quarter of Section 9, Township II( Range 23, Carver County, Minnesota, described as follows: Beginning at a point on the north line of said Section 9, distant 365.6 feet west of the northeast corner of said Northwest Quarter of the Northeast Quarter; thence North 1 degree 44 minutes East 63.41 feet; thence South 87 degrees 26 minutes East 208.71 feet to the westerly .line of the right of way of Trunk Highway Number Fortq Cne ry (41); thence South 1 degree 44 minutes West along the West line of said Highway 53.41 feet to the North line of said Section 9, thence continuing southerly along the West line of said Highway 155.3 feet; thence North 87 degrees 26 minutes West 200.71 feet; thence North 1 degree 44 minutes East 145.3 feet to the North line of said Section 9 which is the place of beginning. _ t _. . m.laa'.�m f ,n..-.. „^_^oap' �l�.Fp.'-�'.tr' r. vim.., �.ihu ,v�.-. qu Neal: • Ches-Mer Realty Company-itiook 126, Page :207 of Deeds) (Continued) v EXCEPTION NO. .1 ✓That part of the Northwest Quarter of the Northeast Quarter OF Sectien u, Tawoshlp IIf,, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the North line of said Section 9 distant 365.8 feet West of the Northeast corner of said Northwest Quarter of the Northeast Quarter; thence South I degree 44 minutes West a distance of 446.11 Feet to the actual point of heginning of the tract to be described; thence continuing South 1 degree 44 minutes West a distance of 160.05 Feet; thence South 70 degrees 39 minutes East a distance of 203.'75 -feet to the Westerly right of way line of State Trunk Highway Number 41; thence North 14 degrees 52 minutes East along said Westerly right of way line a distance Of (35.9 feet; thence North 1 degree 44 minutes East along said.Westarly right of way line a distance of 174.3 feet; thence North 67 degrees 26 minutes West a distance of 206,71 feet to the paint of heginning. The above described property contains 5.00 acres, more or less, excluding highways, and is sub- ject to easements for public right-of-way purposes to State Highway No. 41 and Old State High -.-,ay No. 41. Parcel Il: },',,Those parts of Government Lots 6 and 7, Section 4, Township 116 North, Range 23 West -f the 5th Principal Meridian, Carver County, Minnesota, described as follows: Commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence en a bear- ing of West a distance of 149.00 Feet; thence North 29 degrees 15 minutes East a distance of 255.30 feet; thence South 67 degrees 15 minutes East a distance of 330.60 feet; thence North 71 degrees 15 minutes East a distancelof 460.00 feet to the beginning of the land to be described; thence North 52 degrees 00 minutes East a distance of 420.00 feet; thence South 52 degrees 00 minutes East a distance of 560,00 feet; thence South 74 degrees 00 minutes West a distance of 503.73 Feet to the intersection with a line bearing South 52 degrees 00 minutes East from the point of beginning;. thence North 52 degrees 00 minutes West a distance OF 385.52 feet to the point of beginning. The above described property contains 4.50 acres, more or less. Ches-Mar Realty Company (Book 116, Page 548 of Deeds and Book 128, Page 291 of Deeds) That partof Government Lot 1, Section 5, Township 116 North, Range 23 West of the 5th Principal /Meridian described as follows: Commencing at the southeast corner of said Section 5; thence on an assumed bearing of North, along the east line of said Section 5, a distance of 1523.00 feet; thence an a bear- ing of West a distance of 149.00 feet, to the point of beginning of the land to be described; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance of 25.77 feet, more or less, to the east line of said Section 5; thence on a bearing of North along said east line to the shore line of Lake Minnewashta; thence westerly, southwesterly, southerly and southeasterly, along said shore line to the intersection witha line bearing South 29 degrees 15 minutes West from the point of begin- ning, thence North 29 degrees 15 minutes East to the point of beginning. iThose parts of Government Lots 6 and 7, Section 4, Township 116 North, Range 23 West of the All 5th Principal Meridian described as follows: Commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523,00 feet; thence on a bear- ing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance of 330.80 'root, to the point of beginning of the land W be described; thence North 71 degrees 15 minutes East a distance of 460.00 feet; thence North 52 degrees 00 minutes East a distance of 420.00 feet; thence South 52 degrees 00 minutes East a distance of 580 feet; thence South 15 degrees 00 minutes East a distance of 1060.00 feet; thence North 75 degrees 00 minutes East a dis- tance of 350.00 feet, more or less, to the shore line of Lake Minnowashta; thence northerly, northeasterly, northwesterly, westerly antl southwesterly, along said shore line to the west line of said Section 4; thence on a bearing of South, along said west line, to the intersection with a line bearing North 67 degrees 15 minutes West from the point of heginning; thence South 67 degrees 15 minutes East a distance of 305,03 feet to the pint of beginning, Containing 33.10 acres above the high water line of Lake Minnewashta. County of Carver (Book 147, Page 450 OF Deeds) /Those parts of Government Lot One (1) in Section Five (5) and Government Lot Seven (7) in 1/ Section Four (4), Township One Hundred Sixteen (116), Range Twenty-three (23), Carver County, Minnesota, described as Follows: Beginning at a point in the West line of said Section Four (4) distant Fifteen Hundred Twenty three (1523) feet North of the Southwest corner thereof, (the West line of said Section Four (4) is assumed to be Due North and South for the purpose of this description); thence Due West One Hundred Forty Nine (149) feet to the actual point of beginning OF the tract to be described; thence North Twenty Nine Degrees Fifteen Minutes East (N 29° 15' E) a distance of Two Hundred Fifty Six and Three Tenths (256.3) feet; thence South Sixty Seven Degrees Fifteen Minutes East (S 67°15'E)a distance of Three Hundred Thirty and Eight Tenths (330,8) feet to the beginning of a curve to the right having a radius of Eighty Six and Seven Tenths (86.7) feet and a Delta angle of Fifty Two Degrees Twenty Two Minutes (52° 22'); thence along said curve to the right a distance of One and Ninety Six Hundredths (1,96) feet; thence .^ South Fifty One Degrees Fifteen Minutes West (S 51 ° 15' W) 'a distance of Pour Hundred Three and Nine Tenths (403,9) feet more or less to the shore line of Lake Minnewashta; thence North- westerly along said shore line to its intersection with a line bearing South Twenty Nine Degrees Fifteen Minutes West (S 29° 15' W) from. the actual point of beginning; thence North Twenty Nino Degrees Fifteen Minutes East (N 290 15' E) to the actual point of heginning, together with the easement contained in that certain deed executed by Chester W. Johnson and Marguerite RroOke Johnson, dated December 22, 1949, filed Decemher 23, 1049; Rec. Book "471 of Deeds, page 501, i '.+. '`y • .• ""'dww;.v�eoro.� +.rrw.-�t :auz_vouas�.k. '^0..«�:..':� 4'"�"'"'t�yrrxcr.�.s7rk:^r. hes-Mar Really Company Qi,ok 134, Page 212 Deeds) Th•.nse part3 or Government Lutz 0 and 7 of Sectl,n 4, and that part of Government Lot 1 of Section 5, Township I I!; N. -r: `;'Range 23 West of the 5th Principal Meridian, lying southerly and westerly of "Line 3" and northerly of "Line 4" a,,,1 it, westerly extension. Said "Line 3" and "Line 4" are described as Follows: "Line 3" is described as commei at the southwest corner of said Section 4; thence on an assumed bearing .if North, along the west line of said Secti•:+n 4, a distance of 1523.00 Feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance OF 330.PO feet; thence North 71 degrees 15 minutes East a distance of'460.00 feet W a point hereinafter described as "Point B"; thence- North 52 degrees 00 minutes East a distance of 420,00 feet; thence South 52 degrees 00 minutes East a distance of 580.00 feet; thence South 15 degrees 00 minutes East a distance of 1060.00 feet to the point of beginning of said "Line 3"; thence North 15 degrees 00 minutes West a distance of 1060.00 feet; thence South 74 degrees 00 minutes West a distance of 503.73 feet to the Intersection with a line bearing South 52 degrees 00 minutes East from said "Point B"; thence North 52 degrees 00 minutes West a dis- tance of 385.52 feet to said "Point B"; thence South 71 degrees 15 minutes West a distance of 450.00 feet; thence South 51 degrees 15 minutes West to the easterly shore line of Lake Minnewashta and said "Line 3" there terminating "Line 4" is described as commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1165.00 feet to the point of beginning of said "Line 4' thence on a bearing of East to the intersection with said "Line 3" and said "Line 4" there terminating. The above described property contains 16,54 acres, more or less. ;hes-Mar Realty Company (Book 142, Page 307 f Deeds) - /Those parts of Government Lots 6 and 7 of Section 4, and that part of Government Lot i of Section 5, Township 116 Nor Range 23 West of the 5th Principal Meridian, lying .westerly of "Line 3", southerly of "Line 4" and its westerly extension and northerly of "Line 5". Said "Line 3", "Line 4", and "Line 5" are described as follows: "Line 3" is described as commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 57 degrees 15 minutes East a distance of 330.60 Feet; thence North 71 degrees 15 minutes East a distance of 480.00 feet to a point herein- after described as "Point B"; thence North 52 degrees 00 minutes East a distance of 420.00 feet; thence South 52 degrees OO minutes East a distance of 580.00 feet; thence South 15 degrees 00 minutes East a distance,of 1060.00 feet to the point of beginning of said "Line 3"; thence North t5 degrees 00 minutes West a distance of 1060.00 feet; thence South 74 degrees 00 minutes West a distacne of 503.73 feet to the intersection with a line bearing South 52 -degrees 00 minutes East from said "Point B"; thence North 52 degrees 00 minutes West a distance of,.385.52 feet .to said "Point B"i thence South it degrees 15 minutes West a distance of 460.00 feet; thence South 51, degrees 15 minutes West tothe easterly shore line of Lake Minnewashta and said "Line 3" there terminating "Line 4" is described as commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1165.00 feet to the point of beginning Of said "Line 4"; thence on a bearing of East to the intersection with said "Line 3" and said "Line 4" there terminating. "Line 5" is a line 197,00 feet southerly of, measured at a right angle to and parallel with said "Line 4". The above described property contains 8.00 acres, more or less. ;hes-Mar Realty Company (Book 149, Page 438 F Deeds) .'Those parts of Government Lots 6 and 7, Section 4, and that part of Government Lot 1 of Section 50 Township lie) North i< Range 23 West of the Stn Principal Meridian, lying westerly of "Line 2" and its northerly extension, southerly of "Line and its westerly extension and northerly of "Line 6". Said "Line 2", "Line 5", and ."L lne 6",are described as follows: "Line 2" is described as commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of Section 9, Township 118 North, Range 23 West of the 5th Principal Meridian; thence easterly, along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet to a point hereinafter referred to as "Point Y"; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a distance or 1o10.00 feet to a point hereinafter referred to as "Point Z"; thence southeasterly, deflecting to the right 86 degrees 20 min- utes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the heft 88 degrees 20 minutes 00 seconds, a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance or 750.00 feet; thence southwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 470,00 feet; ' thence westerly, deflecting to the right 48 degrees 00 minutes 00 seconds, a distance -of 390.00 feet; thence north- westerly, deflecting to the right 50 degrees 00 minutes 00 seconds, a distance of 550.00 feet; thence southwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 60.00 feet to the beginning Of said "Line 2"; thence southeasterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 577.98 feet; thence easterly, deflecting to the left 50 degrees 00 minutes 00 seconds, a distance of 425.00 feet; thence southerly a dis- tance of 500 feet, more or less, to said "Point Z"; thence southwesterly a distance of 1010.00 feet to said "Point Y" and said "Line 2" there terminating. "Line 5" is described as commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 968.00 feet to the point of beginning of said "Line 5"; thence on a bearing of East to the shore line of Lake Minnewashta and said "Line 5" there terminating. "Line 8" is a line 455.00 feet southerly of, measured at a right angle to and parallel with said "Line 5". EXCEPTING therefrom that part of said Government -Lot 6 embraced within the following described property: Those parts of Government Lots 6 and 7, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridi described as follows: Commencing at the southwest comer of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of,149.00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance of 330.80 feet, to the point of beginning of the land to be described; thence North 71 degi^ees 15 minutes East a distance of 460,00 feet; thence North 52 degrees 00 minutes East a distance of 420.00 feet;;Y thence South 52 degrees 00 minutes East a distance of 580,00 feet; thence South 15 degrees 00 minutes East a distance of 1060.00 feet; thence North 75 degrees 00 minutes East a distance of 350.00 feet, more of less, to the shore line of Lake Minnewashta; thence northerly, northeasterly, northwesterly, westerly and south- westerly, along said shore line to the west line of said Section 4; thence on a bearing of .South, along said • west tine, to the intersection with a line bearing North 67 degrees 15 mtnut4s West from the point of beginning; thdnce South 67 degrees 15 minutes East a distance of 305.03 feet to the point of beginning. The Dove described property contains 19.00 acres, more or less. „f Deeds) 0 • Government Lot 1 in Secti.,n 5, Township I lei, Range 23, Government Lot 5 m Section 4, Township 116, Range 23, ,excepting that part -.f said Government Lot a.viveyed to Luther F, Dickinson, described as follows: Commencing at the nirlheast comer :,f said Lot 5; thence running West along the North line about 12 rods to a ravine; thence West of South along the ravine about 15 rods; thence along the ravine South of East about 16 and 1/2 rods to Intersect Jthe East line of said Lot 5; thence along the East line running North about 19 rods to the place of beginning; Als>, Government Lots 6 and 7 in Section 4, Township Ile, Range 23, the Northwest Quarter of the Northeast Quarter of Section 9, Township 116, Range 23 except that part of said Northwest Quarter of the Northeast Quarter tiescribed as follows: Commencing at the southeast corner of said Northwest Quarter of the Northeast Quarter u/runiing thence northerly along the east line of said Northwest Quarter of the Northeast Quarter a distance of 960 Feet, running thence due West to the easterly line of the right-of-way of State Trunk Highway No. 12, running thence southerly along the easterly line of the right of way of said Highway to its point of intersection with the s,.wth line of said Northwest Quarter of the Northeast Quarter, running thence easterly to the point of beginning, i Also, all of the Northeast Quarter of the Northwest Quarter of Section 9, Township 116, Range 23, all of Govern- ment Lot 1, Section 9, Township 116, Range 23, EXCEPTING FROM ALL OF THE AROVE-bESCRIRED PROPERTY THE FOLLOWING: I. Those parts of the lands described stove described in Deeds of record in the office of the Register of Deeds of Carver County, Minnesota in Book 53 of Deeds, page 116, Book 47 of Deeds, page 501, Book 47 of Deeds, page 544 and Rook 60 of Deeds, page 97, 11, Those parts of the Northeast Quarter of the Northwest Quarter and of the Northwest Quarter of the North- east Quarter of Section 9, Township 115 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence easterly, along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance of 625,00 feet, to the point of beginning of the land to be described; thence northeasterly, deflecting to the left 67 degrees 00 minutes, a distance of 1010.00 feet; thence southeasterly, deflecting to the right 86•degrees 20 minutes a distance of 950.00- feet; thence northeasterly deflecting to the left 85 degrees 20 minutes, a distance of 110.00 feet; thence southeasterly, deflecting to the right 90 degrees 00 minutes, to the northwesterly right-of-way line of State Trunk Highway No. 41; thence southwesterly, along said northwesterly right-of-way line, to the south line of said Northwest Quarter of the Northeast Quarter; thence westerly, along the southerly line of said Northwest Quarter of the Northeast Quarter and at:nq the southerly line of said Northeast Quarter of the Northwest Quarter to the point of begin- ning, excepting therefrom the following: That part or the Northwest Quarter of. the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 9; thence on an assumed bearing of East, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 625,00 feet; thence North 23 degrees 00 minutes 00 seconds East a distance of 1010.00 Feet; thence South 70 degrees 40 minutes 00 seconds East a distance of 970.00 feet; thence South 23 degrees 40 minutes 00 seconds West a distance of 230.00 Feet, to the point of beginning of the land to be described; thence North 23 degrees 40 minutes 00 seconds East a distance of 200,00 Feet; thence South 69 degrees 20 minutes o0 seconds East a distance of 315.00 feet; thence South 78 degrees 20 minutes 00 seconds East to the northwesterly right-of-way line of State Trunk Highway No. 41; thence southwesterly, along said northwesterly right-ol”-way line, to the intersection with a line which bears South 66 degrees 20 minutes 00 seconds East From the point of beginning; thence North 66 degrees 20 minutes 00 seconds West to the ppint of be9inninc. 111. A, That part of Government Lot 1, Section 5, Township 116 North, Range 23 West of the 5th Principal Mer- idian described as followst IV Commencing at the sousneast corner of said Section 5; thence on an assumed bearing of North, along the east line of said Sdctlon 5, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet, to the point of beginningof the land to be described; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 degrees 15 minutes East a distance of 25.77 feet, more or less, to the east line of said Section 5; thence on a bearing of North along said east line to the shore line of Lake Minnewashta; thence westerly, southwesterly, southerly, and southeasterly, along said shore line to the intersection with a line hearing South 29 degrees 15 minutes West from the point of beginning; thence North. 29 degrees 1:; minutes East to the point of beginning. R. Those parts of Government Lots 6 and 7, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian described as Follows: Commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 Feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes East a distance of 256.30 feet; thence South 67 de- grees 15 minutes East a distance of 330.80 ,feet, to the point of beginning of the land to be described; thence North 71 degrees 15 minutes East a distance of 460,00 feet; thence North 52 degrees 00 min- utes East a distance of 420.00 'feet; thence South 52 degrees 00 minutes East a distance of 580.00 feet; thence South 15 degrees 00 minutes East a distance of 1060.00 feet; thence North 75 degrees 00 minutes East a distance of 350.00 feet, more or less, to the shore line of Lake Minnewashta; thence northerly, northeasterly, northwesterly, westerly and southwesterly, along said shore line to the west line of said Section 4; thence on a bearing of South, along said west line, to the intersection with a line bearing North 67 degrees 15 minutes West from the point of beginning; thence South 67 degrees 15 minutes East a distance or 305.03 feet to the point of beginning, Those parts o1 Government Lots 5 and 6, of Section 4, and those parts of the Northwest Quarter of the Northeast Quarter, and the Northeast Quarter of the Northwest Quarter of Section 9, all in Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: f: Commencing at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter, a distance r- ef 625.00 feet; thence northeasterly, deflecting to the left 67 degrees 00 minutes 00 seconds, a t) distance of 1010.00 feet to the beginning of the land to be described; thence southeasterly, de- flecting to the right 86 degrees 20 minutes 00 seconds, a distance of 950.00 feet; thence north- easterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.00 feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 750.00 feet; thence southwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 470.00 feet; thence westerly, deflecting U the right 48 degrees 00 minutes 00 seconds, a distance of 390.00 feet; thence northwesterly, deflecting to the right 50 degrees 00 minutes 00 seconds, a distance of 550.00 feet; thence southwesterly, deflecting V, the left 90 degrees 00 minutes 00 seconds, a distance of 60.00 feet; thence southeasterly, deflecting to the left 90 degrees 00 minutes 00 seconds, a distance of 577,98 feet; thence easterly, deflecting to the. left 50 degrees 00 minutes 00 seconds, s distance of 425.06 feet; thence southerly a distance of 500 feet, more or less, to the point of beginning, EXISTING DESCRIPTIONS (Continued): Ches-Mar Realty Company (13ook 156, Page 169 of Deeds) (Continued) IV. (Continued) EXCEPT that part of the above described property, which lies northerly of the Following described line: Commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 feet; thence North 29 degrees 15 minutes 00 seconds East a distance of 256.30 feet; thence South 67 degrees 15 minutes 00 seconds East a distance of 330.60 feet; thence North 71 degrees 15 minutes 00 seconds East a distance of 460.00 feet; thence North 52 degrees 00 minutes 00 seconds East a distance of 420.00. feet; thence South 52 degrees 00 minutes 00 seconds East a distance of 580.00 feet; thence South 15 degrees 00 minutes 00 seconds East a distance of 1060.00 feet to the beginning of the line to be described; thence North 75 degrees 00 minutes 00 seconds East a distance of 350.00 feet and said line there terminating. V. Those parts of Government Lots 5 and 6, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the Southwest corner of the Northeast. Quarter OF the Northwest Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian; thence easterly along the southerly line of said Northeast Quarter of the Northwest Quarter a distance of 625.00 feet; thence northeasterly, deflecting to the left '67 degrees 00 minutes 00 seconds, a distance of 1010.00 feet; thence southeasterly deflecting to the right 86 degrees 20 minutes 00 seconds, a distance of 950.00 feet; thence northeasterly, deflecting to the left 86 degrees 20 minutes 00 seconds, a distance of 500.00 feet; thence northerly, deflecting to the left 15 degrees 00 minutes 00 seconds, a distance of 250.OQ feet; thence northwesterly, deflecting to the left 65 degrees 00 minutes 00 seconds, a distance of 750.00 feet; thence northeasterly, deflecting to the right 115 degrees 00 minutes 00 seconds, a distance of 535.00 feet to a point hereinafter referred to as "Point A"; thence northwesterly deflecting to the left 116 degrees 00 minutes 00 seconds, a distance of 665 feet, more or less, to the shore line of Lake Minnewashta and the point of beginning of the land to be described; thence southeasterly, along the last described line, to said "Point A"; thence southwesterly, deflecting to the right 116 degrees 00 minutes 00 seconds, a distance of 1005.00 feet; thence westerly, deflecting to the right 48 degrees 00 minutes 00 seconds, a distance of 390.00 feet; thence northwesterly, deflecting to the right 50 degrees 00 minutes 00 seconds,a distance of 550.00 feet; thence northeasterly, deflecting to the right 90 de- grees 00 minutes 00 seconds, a distance of, 250 Feet, more or less, to the shore line of Lake Minnewashta; thence easterly along said shore line to the point of beginning. EXCEPT that part of the above described property which lies northerly of the following described line: Commencing at the southwest corner of said Section 4; thence on an assumed bearing of North, along the west line of said Section 4, a distance of 1523.00 feet; thence on a bearing of West a distance of 149.00 Feet; thence North 29 degrees 15 minutes 00 seconds East a distance of 256.30 feet; thence South 67 degrees 15 minutes 00 seconds East a distance of 330.80 Feet; thence North 71 degrees 15 minutes 00 seconds East a distance of 460.00 feet; thence North 521 degrees 00 minutes OO seconds East a distance of 420.00 feet; thence South 52 degrees 00 minutes 00 seconds East a distance of 580.00 feet; thence South 15 degrees. 00 minutes 00 seconds East a distance of 1050.00 feet to the beginning of the line to be described; thence North 75 degrees 00 minutes 00 seconds East a distance of 350.00 feet and said line there terminating. VI. Portions heretofore conveyed by Warranty Deed to the Chas Mar Realty Company. t]t F!ROPOSED DESCRIPTION FOIJIM'G15TRATICN: • Par. 1: Gnvamm_nt Lot 1, Section 5, Township I16 North, Range 23 Wc4t of the. 5th Principal Mertdlan, and accretions thereto. Par, 2: G.lvemment Lot 7, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian, and accretions thereto in Sections 4 and 5. Par, 3: Government Lot 4 and Government Lot 6, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian, and accretions thereto. Par. 4; The Northeast Quarter of the Southeast Quarter of Section 4, Township Ile North, Range 23 West of the 5th Principal Meridian. Subject to easements for public right-of-way purposes in Trunk Highway No. 41 and in Old Trunk Highway No. 41. Also subject to an easement for electric transmission line purposes, over and across the cast 75.00 feet. Par. 5: Those parts of the following described properties: That part of Government Lot 3, Section 4, Township 116 North, Range 23 West of the 5th Principal Meridian, and accretions thereto, lying easterly of the southerly extension Of the east tine of Government Lot 2 in said Section 4; and ' The Southeast Quarter of the Northeast Quarter of Section 4, Township 11.5 North, Range 23 West of the 5th Principal Meridian. Which lie southerly of a line described as follows: Commencing at a point on the north line of said Government Lot 3, distant 680.00 feet easterly from the southeast comer of Government Lot 2 in said Section 4; thence south, parallel with the east line of the Northeast Quarter of .said Section 4, a distance of 396.00 feet, to a point hereinafter referred to as "Point A"; thence southwesterly, to a 'point on the southerly extension of the east line of said Government Lot 22 distant 550.00 feet southerly from said southeast corner, to the point of begi,�lr,ing of the line to be described; thence northeasterly, a distance of 696.19 feet to the above mentioned "Point A'; thence east, parallel with the north line of said Government Lot 3.and the north line of said Southeast Quarter of the Northeast Quarter, a distance OF -.193e.44 feet, to the east line of said Southeast Quarter of the NortheastQuarter and said .line there terminating. _ '�` it. A The Southeast Quarter of the Northeast Quarter of said Section 4 is subject to easements for public right-of-way purposes in Trunk Highway No. 41 and in Old Trunk Highway No. 41. r The Southeast Quarter of the Northeast Quarter of said Section 4 is also subject to an easement for electric transmission line purposes over and across part of the east 75.00 feet of said Southeast Quarter of the Northeast Quarter. Par. 6: That part of Government Lot 1, Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian, and accretions thereto In Sections 8 and 9, which lies north of the south 185,00 feet of said Government Lot 1 and lying easterly and northerly of a line described as follows: Beginning at the intersection of the south tine of said Government Lot I and the east line of the most westerly 185.00 feet of said Government Lot 1; thence on an assumed bearing of North 0 degrees 19 minutes 29 seconds East, parallel with the most westerly line of said Government Lot 1, a distance of 680.08 feet, to the north line of the south 680.00 feet Of said Government Lot 1; thence North 88 degrees 50 minutes 03 seconds West, parallel with said south line, a distance of 185.02 feet to said most westerly line and said line there terminating. - Par. 7; That part of the Northeast Quarter of the Northwest Quarter of Section 9. Township 116 North, Range 23 West of the 5th Principal Meridian which lies north of the south 185.00 feet of said Northeast Quarter of the Northwest Quarter and lying westerly and northerly of a line described as follows: Commencing at the southwest comer of said Northeast Quarter Of the Northwest Quarter; thence easterly, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 625.00 feet, to the point of beginning of the line to be described; thence northeasterly, deflecting to the left G7 degrees 00 minutes 00 seconds, a distance of 1010.00 feet; thence southeasterly, deflecting to. the right eG degrees 20 minutes 00 seconds, a distance of 260.12 feet, to the east line of said Northeast Quarter of the Northwest Quarter and said line there terminating. , Par, e: That part of Gove* it Lot 5, Section 4, Township 116 No Range 23 West of the 5th Principal Meridian, and accretions thereto, described as fell, Commencing.at the northeast corner of said GOvernm=nt t_ot 5; thence on an assumed bearing Of South 89 degrees 49 minutes 20 seconds West, along the north line Of said Government Lot 5, a distance of 198.00 feet, to the point of beginning of the land to be described; thence South 14 degrees 46 minutes 20 seconds West a distance of 247.50 Feet; thence South 73 degrees '36 minutes 08 seconds East, a distance of 259.79 feet, to a point on the east line of said Government Lot 5, distant 313.50 feet southerly from the northeast comer of said Govemment Lot 5; thence South 2 degrees 10 minutes 18 seconds West, along said east line, a distance of 993.21 feet, to the southeast corner of said Government Lot 5;.thence North 89 degrees 04 minutes 50 seconds West, along the south line of said Government Lot 5, a distance of 139.47 feet; thence North 3 degrees 18 minutes 57 seconds East a distance of 54.81 feet; thence North 85 degrees 38 minutes 54 seconds West, a distance of 206.10 feet, to the intersection with a line which bears North 3 degrees 24 minutes 18 seconds East from a point on said south Line distant 345.81 feet westerly from said southeast comer; thence South 3 degrr..e^ 24 minutes 18 seconds West, a distance of 67.17 Feet, to said south line; thence North 89 degrees 04 minutes i50 seconds West, along said south line, a distance of 980.79 feet, to the southwest comer of said Government Lot 5; thence North 2 degrees 48 minutes 35 seconds East, along the west line of said Government Lot 5, about 725 feet, to the shoreline of Lake Minnewashta; thence northerly, along the shoreline of said lake, to the north line Of said Government Lot 5; thence North e9 degrees 49 minutes 20 seconds East, along said north ltne, about 937 feet, to the point of beginning. Subject to easements For public right-of-way purposes in Trunk Highway No. 41 and in Old Trunk Highway No. 41, Par. 9: That part of the Northwest Quarter of the Northeast Quarter of Section 9, Township 115 North, Range 23 West OF the 5th Principal Meridian described as Follows: Commencing at the southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 9; thence on an assumed bearing of South 88 degrees 50 minutes 03 seconds East, along the south line of said Northeast Quarter of the Northwest Quarter, a distance of 525.00 feet; thence North 24 degrees 09 minutes 57 seconds East a distance of 1010.00 feet, to a point hereinafter referred to as "Point Z"; thence South 69 degrees 30 minutes 03 seconds East, a distance of 260.12 feet, to the west line of said Northwest Quarter of the Northeast Quarter, being the point of beginning of the land to be described; thence continuing South 69 degrees 30 minutes 03 seconds East, a distance of 689.88 feet, to a point distant 950.00 feet from said "Point Z"; thence North 24 degrees 09 minutes' 57 seconds East a distance of 110.00 feet; thence South 65 degrees 50 minutes 03 seconds East a distance of 533.91 feet; thence northeasterly a distance of 202.05 feet along a non-tangential curve concave to the west having a radius of 1482.40 feet, a central angle OF 7 degrees 48 minutes 34 seconds and a chord that bears North 12 degrees 53 minutes 55 seconds East; thence North 81 degrees 00 minutes 22 seconds West, not tangent to said curve, a distance of 17.00 feet; thence northeasterly a distance of 145.22 feet along a non-tangential curve concave to the west having a radius of 14(f5.40 feet, a central angle of 5 degrees 40 minutes 41 seconds and a chord that bears North 6 degrees 09 minutes 17 seconds East; thence North 3 degrees 18 minutes 57 seconds East, tangent to said curve, a distance of 28.05 feet; thence South 86 degrees 41 minutes 03 seconds East a distance of 17.00 feet; thence North 3 degrees 18 minutes 57 seconds East a distance of 78.34 feet, to the intersection with a line drawn westerly, at a right angle to the east line of said Northwest Quarter of the Northeast Quarter, from a point on said east line distant 960.00 feet northerly from the southeast corner bf said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 55 minutes 38 seconds East, along said right angle line, a distance of 78.91 feet, to said east line; thence North 0 degrees 04 minutes 22 seconds West, along said east line, a distance of 379.39 feet, to the northeast corner of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 04 minutes 50 seconds West, along the north line of said Northwest Quarter of the Northeast Quarter, a distance of 139.47 feet; thence South 3 degrees 18 minutes 57 seconds West a distance of 483.95 feet; thence southerly, a distance of 208.68 feet, along a tangential curve concave to the west having a radius of 1399.40 feet and a central angle of 8 degrees 32 minutes 38 seconds; thence North 69 degrees 04 minutes 09 seconds West, not tangent to last described curve, a distance of 201.03 feet, to the intersection with a line which bears South 3 degrees 24 minutes 18 seconds West from a point On the north line Of said Northwest Quarter of the Northeast Quarter distant 345.81 feet westerly from the northeast comer of said Northwest Quarter of the Northeast Quarter; thence North.3 degrees 24 minutes 18 seconds East a distance of 622.39 feet, to said north line; thence North 89 degrees 04 minutes 50 seconds West, along said north line, a distance of 980.79 feet, to the northwest corner of said Northwest Quarter of the Northeast Quarter; thence South O degrees 18 minutes 53 seconds West, alongithe west line of said Northwest Quarter of the Northeast Quarter, a distance of 489.99 feet, to the point of beginning. Subject to easements for public right-of-way purposes in Trunk Highway No. 41 and in Old Trunk Highway No. 41. Par. 10: That part of the Northwest Quarter of the Northeast Quarter of Section 9, Township 116 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at the northeast comer of said Northwest Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 04 minutes 50 seconds West, aloAg'the Porth line of said Northwest Quarter of the Northeast Quarter, a distance of 345.81 feet, to,a point hereinafter referred to as "Point B"; thence South 89 degrees 04 minutes 50 5, seconds East, along said north line, a distance of 206.34 feet, to a point distant 139.47 feet westerly from said northeast corner; thence South 3 degrees 16 minutes 57 seconds West, a distance of 362.40 feet, to the point of beginning of the land to be described; thence continuing South 3 degrees to minutes 57 seconds West a distance of 92.03 feet; thence North 85 degrees 43 minutes 31 seconds West, a distance of 206.88 feet, to the Intersection'with a line which bears South 3 degrees 24 minutes 18 seconds West from the above mentioned "Point B"; thence North 3 degrees 24 minutes 18 seconds East, a distance of 92.03 feet, to the intersection with a line which pears North 85 degrees 43 minutes 31 seconds West from the point of beginning; thence South 85 degrees 43'minutes 31 seconds East, a distance of 206.74 feet, to the point of beginning. Subject to an easement for public right-of-way purposes in Old Trunk Highway No. 41 C�q-37 City Council Meeting — February 28, 2005 1 Yobc[ry Farm'` 2nd Addition permanent OC ' Trail Easement 1 3 j 46. The construction access off of 41 shall be maintained for as long as possible. 47. No connection of Highover and Gunflint Trail, specifics to be proposed by staff and the developer. All voted in favor, except Mayor Furlong and Councilman Peterson who opposed, and the motion carried with a vote of 3 to 2. Mayor Furlong: Thank you. And again, thank you everybody for your involvement. It was a long process but we do appreciate your efforts. Thank the council too for working through the amendments and such like that. Chuck Alcon: Honorable Mayor, just one question. I understand our direction is to work with the staff to come up with a preliminary plat that does not have a connection between Highover and Gunflint Trail. Councilman Lundquist: Come up with a final plat. Mayor Furlong: Move onto the next agenda on our agenda. Councilman Peterson: Can we take a break? Mayor Furlong: Oh certainly. Yep, looking at the time. Without objection we'll recess subject to the call of the Chair. Let's make it about 5 minutes. CONSIDER AMENDMENT TO CONDITIONAL USE PERMIT #75-2 FOR LAKE MU* NEWASHTA REGIONAL PARK. PLANNING CASE 4-37. Kate Aanenson: The Planning Commission held a public hearing on this item on February 1s` and, to review that conditional use amendment and they voted 4 to 2 and the 2 no votes were based on environmental reasons and I'll go through the rationale for that in just a moment. The subject site is the regional park. Across the street from the subject site we were just talking about. The conditional use was put in place back in 1975 and at this point when the review went through for the beachlots, or excuse me, for the boat launches, there was a lot of concern from the associations that were on the lake as far as what effect that would have as far as the number 43 O"N"RD City Council Meeting — February 28, 2005 of people on the lake, and that really led to the whole beachlot ordinance. So over time, as everybody's kind of got use to the level of activity on the lake and we closed the boat launches as we permitted the non -conforming beachlots, this is the control point for most of those residents. There's a few that do have launches, but most of them have to launch at this public access, which gives us control on what's going on the lake. So originally there was two boat launches. This one here, which is next to the swimming beach, and then the boat launch 1, and it was restricted by horsepower. Boat launch 1 and how it's being used today is, most people enjoy that one. It's easier to get to. The other one does conflict with the beach, so the County would like to amend that and allow that to be the more permanent one as they work through their master plan. At the public hearing the concern was, because this is the inlet to the lake, that it may be low and at those times you couldn't launch, but if it's low at that time, it's probably not the best time to probably be boating anyways. As we've learned the issues that we have with adjacent to shorelines when there's the high water, and the erosion as you recall on Lotus Lake when there's high water there, that's when we get the most complaints based on the erosion factor. And over time the motor boats has changed as far as their, the waking and the sophistication of that has changed so we don't believe that's as, quite as critical. Again, as we've limited the access points for the lake and kind of monitored how many boats can be, it seems to be self policing pretty well for the other beachlots. So we are recommending approval to allow the boat launch 1 to allow more than the 10 horsepower launching at that, as it's being used today. Again, it's really cleaning up how it's actually being used, but it does, because it is a conditional use, does take an amendment so if you go to page 7 of the staff report, we are recommending approval of the conditional use permit with the following conditions. They did also want to contact the DNR with the dredging of Little Minne Bay, which is this, if it needed to be at some point in the future. And that the conditional use be that they have 6.05. The lake access. The watercraft access to Lake Minnewashta, for their park has been provided in the area designated as boat access on the development plan in 1982. Be no wake with the signage. There's a capacity of 25 trailer spaces to be developed and located in accordance with the plan marked official map. And Marty Walsh is here from the County if you have any questions for him but we are recommending approval. Mayor Furlong: Okay, thank you. Any questions for staff? Councilman Labatt: Yeah Kate, just a couple questions. No opposition to all this. The signage is slow no wake at the launch site and out into Little Minne Bay. I wonder if we can also add in there, Nann can you show that map again of the lake there? Kate Aanenson: This one? Councilman Labatt: Yeah, as you go up Minne Bay towards the main outlet to the lake, all that is within the defined shore zone limit on the lake. Kate Aanenson: Correct, and the no wake zone, right. And that was the one environmental concern that the Planning Commission had. Councilman Labatt: So, granted the sign at the access is great but once they get out there, to prevent them from kicking it down a little bit. Could we have the County install buoys? 0 City Council Meeting — February 28, 2005 • Kate Aanenson: I was going to say, buoys is how you control that. Marty Walsh: That's out there now. Kate Aanenson: Is there buoys out there now? Marty Walsh: Yes. Councilman Labatt: How far do the buoys go out? I've used this access a couple times and haven't seen them. Marty Walsh: Mr. Buoy. Councilman Labatt: Mr. Buoy, okay. Marty Walsh: Sorry about that. It's been a long night for everyone, but we do have a number of buoys that are located within Little Minne Bay and I'm going to say about the last buoy is located about in this location here where my finger is. Councilman Labatt: Those are the slow, no wake buoys? Marty Walsh: Yes they are. Mayor Furlong: You've got to wait til the ice is off before you can see them. Marty Walsh: They are removed on a seasonal basis, that is correct. Kate Aanenson: For clarification on that, that we also say that the signage also included buoys. Mayor Furlong: That's how you define a no wake on a navigable water. Todd Gerhardt: I know there's one here. And coming into the bay. Mayor Furlong: Yeah, but to Councilman Labatt's point, this you said specifically signage at the launch site. Kate Aanenson: Launch site, right. Just to further clarify. Mayor Furlong: Is that okay? Marty Walsh: That's fine. Mayor Furlong: Any problem with that? Marty Walsh: No problem with that at all. 45 City Council Meeting — February 28, 2005 Mayor Furlong: And I know our sheriff department patrols Lake Minnewashta quite a bit so, if anybody's going through a no wake fast, they should catch them. Okay. Any other comments or thoughts? Marty Walsh: I have no other comments. For the record I guess if you want my name, Marty Walsh. I'm the Parks Director for Carver County. Mayor Furlong: Thank you Mr. Walsh. Thank you for being here. Any other questions or comments? On this. We'll bring it for staff. Bring it back to council for discussion. I'm sensing by lack of discussion that, I didn't even open it up for public comment though. No, I think this seems to be straight forward and with the no wake, deals with the issue of the motor size adequately. No wake through that bay so. I'm guessing that's the sense of the council as well. Councilman Labatt: No issues. Mayor Furlong: No issues. Very good. If there's no other discussion or issues, anybody like to make a motion? Councilman Lundquist: Motion to approve with the amended clarification on the buoys. Councilman Labatt: Second. Mayor Furlong: We'll leave it to staff to put that in. Okay. Made and seconded. Any discussion? Councilman Lundquist moved, Councilman Labatt seconded that the City Council approve the amendment to Conditional Use Permit #75-2, Section 6.04, Lake Access based on the Findings of Fact with the following condition: Carver County Parks shall contact the Department of Natural Resources before proceeding with drudging of Little Minne Bay channel. 2. Carver County shall install Slow, No Wake buoys in Little Minne Bay. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Councilman Lundquist: Mr. Mayor, not really a presentation per se but more of a formal send off. One of our former mayors and her husband, the Mancino's packed up their truck and moved to California. Are leaving in the morning so I just wanted to formally thank Nancy for her time and service and other help that she has given me and perhaps others of us as well, so will be a resource that myself I will miss, but wish them all the luck in the world and hope they have a wonderful time in California. M 09 CITY OF CEMSEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 0 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Josh Meltzer. Planner I DATE: 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 aq-3� Building Inspections EXECUTIVE SUMMARY Phone: 952.227.1180 Fax: 952.227.1190 Request for amendment to Conditional Use Permit 75-2 to eliminate Engineering horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Phone: 952.227.1160 Park, located west of Highway 41, north of Ches-Mar Farm Road and east of Fax: 952.227.1170 Lake Minnewashta. The site is zoned RR, Rural Residential District. Finance Phone: 952.227.1140 ACTION REQUIRED Fax: 952 227.1110 Park a Recreation City Council approval requires a simple majority of City Council present. Phone: 952.227 1120 Fax: 952.227.1110 PLANNING COMMISSION SUMMARY Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 The PlanningCommission held a public hearing on February 1, 2005 to review the P g �' Fax: 952.227.1404 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 Planning a reasons. The summary and verbatim minutes are attached. Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 RECOMMENDATION Public Works 1591 Park Road Staff and the Planning Commission recommend adoption of the motion approving Phone: 952.227,1300 the conditional use permit amendment as specified in the staff report dated Fax: 952.227.1310 February 1, 2005. Senior Center Phone: 952.227.1125 ATTACHMENTS Fax: 952.227.1110 Web site 1. Planning Commission Staff Report Dated February 1, 2005. wwwachanhassen.mn.us 2. Planning Commission Minutes dated February 1, 2005. g:xplanx2004 planning casesx04-37 - minnewashra regional park 75-2 cup amendmentxexecutive 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 gnat place to live, work, and play. CITY OF CHANHASSEN STAFF REPORT PC D)W: February 1, 2005 CC DATE: February 28, 2005 Fil REVIEW DEADLINE: February 28, 2005 CASE #: 04-37 BY: JM PROPOSAL: Amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park, located west of Highway 41, north of Ches-Mar Farm Road and east of Lake Minnewashta. LOCATION: 6731 Hazeltine Blvd. Excelsior, MN 55311 APPLICANT: Carver County Parks 11360 Highway 212 P.O. Box 330 Cologne, MN 55322 PRESENT ZONING: 2020 LAND USE PLAN: ACREAGE: 340 acres RR, Rural Residential District Parks/Open Space DENSITY: N/A SUMMARY OF REQUEST: Carver County Parks is seeking an amendment to their conditional use permit (CUP #75-2) to eliminate the horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a conditional use permit is limited to whether or not the proposed conditional use permit meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the conditional use permit. This is a quasi-judicial decision. Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 2 PROPOSAUSUMMARY 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. 0 0 Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 3 Any development plans not consistent in scope and capacities with the Master Plan shall require an amended conditional use permit. 6.04. Lake Access. Access to Lake Minnewashta through the park shall be limited to non -motorized boats or fishing boats of fifteen (15) horsepower or less. Originally, the park had only one access located at Little Minne Bay (Boat Access #1). This access consisted of 30 car/trailer spaces and restricted access allowing boat motors of 15 horsepower or less. During review of the Minnewashta Regional Park Master Plan in 1982, the Metropolitan Council noted that the 15 horsepower motor restriction placed by the City of Chanhassen on the public access in the park was discriminatory in nature. Furthermore, it was inconsistent with the "Cooperative Program in Providing Public Access Sites on Metropolitan Area Lakes" which was prepared by the Metropolitan Council, the Minnesota Department of Natural Resources (DNR), and the State Planning Agency. The Metropolitan Council stated they would withhold grants for the City and park until the 15 horsepower restriction was removed. As a result, staff worked out a compromise that would satisfy DNR & Metropolitan Council standards while still protecting the environmentally sensitive Little Minne Bay. On September 12, 1983, the City Council approved the amendment to Conditional Use Permit #75-2 for Lake Minnewashta Regional Park including the following change to 6.04: 6.04. Lake Access. A watercraft access to Lake Minnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access (Boat Access #1) is to be limited for launch of watercraft of ten (10) horsepower or less and have a capacity of 10 car/trailer spaces. An additional access (Boat Access #2) without horsepower restrictions having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2° 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 0 0 Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 4 the channel floor. Attached is an aerial photograph created by Mark Hurd Mapping Co. in 1945 showing Lake Minnewashta and Little Minne Bay during extremely dry conditions. Notice the channel is completely void of water. Also attached is an article developed by the Minnesota Lakes Association that describes the possible impacts of motorized watercraft on the lake environment. The DNR approved the establishment of slow -no wake surface zoning within 100 feet of shore, in designated areas, in Little Minne Bay and Lake Minnewashta. In a letter written to the City, stamped "Received September 29, 2004", Carver County Parks states: The "No Wake" restriction eliminates the need for a horsepower restriction in Little Minne Bay. It is not reasonable to enforce a horsepower restriction and keep track of boaters coming and going from two boat accesses and their motor sizes. Carver County also stated that it is difficult for park users to launch their boats from Boat Access #2. The difficulty with launching at access #2 is due to the shallowness of the area, especially during dry conditions, and because it is unprotected from high winds coming off the lake. Staff agrees that the slow -no wake surface zoning makes the need for a horsepower restriction obsolete. However, staff is concerned that eventually there will be a need for drudging in order to maintain access through the channel between Little Minne Bay and Lake Minnewashta due to vegetative growth and shallow depth in that area. Therefore, Carver County Parks must contact the DNR to obtain proper approvals and permits before drudging may occur. Staff also contacted the following Minnesota DNR staff members requesting comment: Kim Elverum Boat & Water Safety Coordinator Julie Ekman Area Hydrologist -West Metro, Central Region 3 Wayne Barstad Regional Environmental Assessment Ecologist Daryl Ellison Area Supervisor for Fisheries None had any issues with the elimination of the horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park; however, Mr. Ellison stated that there are lots of water lilies and other quality emergent and submergent vegetation in this bay that should be protected with a "no -wake" zone restriction. Carver County Parks' "Lake Minnewashta Regional Park Master Plan", which was updated in October 2002 and has not been approved by the City of Chanhassen, lays out plans to make Boat Access #1 the sole boat launch in the park. It is Carver County's intention to eventually close Boat Access #2 and expand Boat Access #1 infrastructure to accommodate 35 trailer parking spaces and 20 regular vehicle parking spaces. Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 5 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 Mime 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. Fmdina: 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. • 0 Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 6 Finding: 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. Finding: 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. Finding: 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. Finding: 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. Finding: 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. Finding: 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. Finding: 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 Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 7 Funding: 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 1... nsh of . ,atsf......A of .e., (10) heFse..ower or 1pgq 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 without hefsepewef res4ietieas having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2°d 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 Permit 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. g1plaoV004 planning cases\04-37 - minnewashtaregional park 75-2 cup amendmenAstaff report 2.doc • 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Carver County Parks for an amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park, west of Highway 41, north of Ches-Mar Farm Road and east of Lake Minnewashta — Planning Case No. 04-37. On February 1, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Carver County Parks for an amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park, west of Highway 41, north of Ches-Mar Farm Road and east of Lake Minnewashta. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential (RR). 2. The property is guided by the Land Use Plan for Park/Open Space. 3. The legal description of the property is: S ah of NW 1/4 of Section 4; S 1/2 of Section 4; NE 1/4 of SE 1/4 of Section 5; N 1h of NW 1/4 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. r e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. 5. The planning report #04-37 conditional use permit amendment dated February 1, 2005, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission approves the amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park. ADOPTED by the Chanhassen Planning Commission on this 1st day of February, 2005. CHANHASSEN PLANNING COMMISSION IM Planning Commission Chairperson g1plan\2004 planning cases\04-37 - minnewashm regional park 75-2 cup ameudmeotTmdings of factdac 2 • 0 CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952)227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: CR41--I, ( n')KI Pa]Y s ADDRESS: 11310c) ./ 2[b 12 oEaJL330 Ailhl// 553Z.Z. -y33c� TELEPHONE (Day Time) (C9S: 'i(eto—fi2-5;n o-4-3-7 OWNER: C�&Y� r Cour,.�J ADDRESS:bC() F.as)- 144h S-1-- TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit _ Conditional Use Permit Avvxe rid LUP Vacation of Right-of-Way/Easements Interim Use Permit Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development' Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review' X Escrow for Filing Fees/Attorney Cost" - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $400 Minor SUB Subdivision' TOTAL FEE $ — b— wo_iV,eC� Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box Building material samples must be submitted with site plan reviews. 'Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/2" 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: LOCATION: LEGAL DESCRIPTION: TOTALACREAGE: 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 specilfic 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. 1 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. 1 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 1 have submitted are true and correct to the best of my knowledge. S:e lt- 4 ,e r Signature of Applicant Date Signature of Fee Owner Date Application Received on 9 - Z`] —0 Fee Paid AJ !A 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. GAplan\for \Developm t Review Application.DOC w CARVER COUNTY Kate Aanenson City of Chanhassen 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 Dear Ms. Aanenson, 0 1J CARVER COUNTY PARKS 11360 Highway 212 West, PO Box 330 Cologne, MN 55322-0330 Phone (952) 466-5250 Fax (952) 466-5223 www.co.carver.mn.ustparks Division of Public Works 11360 Hwy. 212 West, PO Box 300 Cobgmq MN 55322-03W Ph" (952) 466-5200 Fu (952) 4665223 RECEIVED SEP 2 9 2004 CITY OF CHANHASSEN 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 Mmnewashta where boat access #1 is located. The "No Wake" restriction eliminates the need for a horsepower restriction in the bay of Lake Minnewashta. Additionally, the horsepower restriction is not manageable. Boaters come and go throughout the day with varying motor sizes. A boater will choose one of two parking areas in the park based on availability of a parking stall and not the size of motor. It is not reasonable to enforce a horsepower restriction and keep track of boaters coming and going from two boat accesses and their motor sizes. For these reasons, Carver County Parks requests the conditional use permit be amended to eliminate the horsepower restriction at boat access #1. Enclosed is the proposed Amendment #1 for the Conditional Use Permit for Lake Minnewashta Regional Park Please notify me with any questions or concerns by October 15m, 2004. County Parks SCANNED /V,!/ / G �/ i ttriL • CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA * CONDITIONAL USE PERMIT LAKE MINNEWASHTA REGIONAL PARR 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 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 acknowledged by the parties hereto that under the provisions of M.S. §398.32, no county park lands or waters may be acquired within the limits of any city without the approval by resolution of the govering body of any such city; and it is further acknowledged that under the provisions of the City zoning ordinance, parks and recreational areas owned and operated by governmental units may be allowed within residential zoning districts only upon the securing of a conditional use permit from the City. 1.02. County Park Proposal. The County proposes the acquisition of a regional county park to be located on the northeast shore of Lake Minnewashta, designating said park as Lake Minnewashta Regional Park (hereinafter referred to as the "park"), and has made applica- tion to the City for approval of said acquisition and the issuance of a conditional use permit 1 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" respectively and incorporated herein by reference. 1.04. General Purpose. The purpose of this agreement is to set forth the terms and conditions governing the approval by the City of the parkland acquisition and the grant of the within conditional use permit which are conditions precedent to land acquisition by the County for the park. Section 2. Park Areas C and D 2.01. Master Plan. In reliance on action taken by the Metropolitan Council of the�Twin Cities and its Physical Development Committee, whereby land area Parcels C and D were incorporated in and made a -1- part of the Master Plan of the Lake Minnewashta Regional Park, here- inafter referred to as the "Master Plan," the parties hereto acknowledge the necessity of the acquisition and development by the County of land area Parcels C and D east of State Trunk Highway #41_ for utilization as a natural demonstration and study area. 2.02. Acquisition Funding. The parties hereto acknowledge that Parcels C -and D are integral components of the Master Plan and the acquisition of said parcels is essential to the full development of the regional park. In recognition thereof, the parties mutually agree to employ their best efforts, jointly or severally or in concert with Independent School District No. 276, to seek funding as expedi- tiously as possible for the acquisition and development of said Parcels C and D through grants from the state and federal governments and the Metropolitan Council of the Twin Cities. Section 3. Schematic Plan. 3.01. Design Capacities. The design capacities as -set forth in Section III, Schematic Plan, of the Master Plan, and the Lake Minne- washta Park Use Calculations of the Subcommittee for Master Planning of the Lake Minnewashta Park, dated May 28, 1975, and attached hereto as Exhibit "C" and incorporated herein by reference, shall constitute the maximum development allowable in said proposed park. Section 4. Develoument Plans. 4.01. Review and Approval. Detailed development plans within the proposed park shall be submitted to the City for review and -comment-- prior to approval by the County.- It is not contemplated that the City shall have approval authority over the detailed development plans so long as they are consistent in scope and capacities with the Master Plan, except for appropriate development standards which may be applied to development generally within the City. Any development plans not consistent in scope and capacities with the Master Plan shall require an amended conditional use permit. 4.02. Trail Connection and Lake Lucy Road Extension. Upon the acquisition of land parcels C and D, appropriate provisions will be made to accommodate the connection of said parcels with the trail system proposed by the City, and if necessary, to permit the extension of Lake Lucy Road westerly to State Trunk Highway #41 over the extreme southern limits of Parcel C. 4.03. Development Schedule. The County does not propose any signi ficant development of the park until funds are available through the grant program of the Metropolitan Council.. Between 1978 and 1982, the development activities at the park are proposed to consist essentially of establishing a land stewardship program, development of a primitive lake public access facility, and use of the existing buildings as either a nature center or museum and park employee residence. -2- 4.04. Land Stewardship Program. The land stewardship program will consist principally of gradually phasing from cultivated land to turf establishment on Parcel E, establishing a tree nursery, beginning prairie establishment on a portion of Parcel B, providing necessary access control in terms of gate and fencing, controlling noxious weeds, and to the extent feasible, controlling Dutch elm and oak wilt disease. Section 5. Advisory Committee. 5.01. Advisory Simmittee. The park is intended to fill the -regional recreation needs of the Chaska, Chanhassen, and Victoria areas in Carver County, which is generally described as Service Area 1 in the County's Park and Open Space System Plan. In order to provide a means of continuing review during the development and operating phases, Carver County shall establish an Advisory Committee for Service Area 1. This Advisory Committee shall consist of two representatives from Chanhassen, one from Chaska, one from Victoria, and one from the County Park Commission. The City representatives will be appointed by the respective City Councils on an annual basis. The Advisory Committee shall review the County's development plan and make recommendations to the Carver County Park Commission in regard to such plan. The Advisory Committee shall also monitor park operations in a general way, and shall make recommendations to the County Park Commission in'regard to improvements in operating policies. The Advisory Committee members shall also keep the City Councils of their respective cities informed of their general activities. They shall also szrve as the conduit of concerns from their respective City Councils to the County. The Advisory Committee shall be established at such time as the County begins preparation of detailed development plans or at the request of the City prior to that time. Section 6. Governing Ordinance, Policing, Fire Protection and Access. 6.01. County Park Ordinance. The Park Ordinance of the County, a copy of which is attached hereto as Exhibit "D", shall regulate the use of the park. The City and the Advisory Committee shall recommend any appropriate amendments to the County Park Ordinance or regulatory County Board Resolutions as the same may be applicable to the park. In addition, all County proposed park ordinance amendments or regulatory resolutions shall be reviewed by the Advisory Committee for its recommendations and comments prior to enactment. 6.02. Policing. Policing of the park shall be the,responsibility of the County through its Sheriff's Department at no cost to the City. Any supplementary police services furnished by any future City police department shall be performed only under the terms and conditions of a mutual aid agreement between the City and the County. 6.03. Fire Protection and Emergency Services. emergency rescue services necessitated by land - be provided by the Fire Department of the City. vices necessitated by water -oriented incidents County lifeguards or the County Sheriff's Water -3- Fire protection and iented incidents shall Emergency rescue ser - shall be provided by Patrol. 6.04. Lake Access. Access to Lake Minnewashta through the park shall be limited to non -motorized boats or fishing boats of fifteen (15) horsepower or less. Section 7. Roads, Water and Sanitary Sewer Services. 7.01. Roads. All roads and trails within the park shall be con- structed and maintained, including snow plowing, by $he County. 7.02. Water and Sanitary Sewer Services. The County shall provide water and sanitary sewer systems through on-site facilities approved by the Minnesota State Board of Health and such other state regulatory agencies having regulatory power thereof. When available, said water and sanitary sewer services shall be connected to the City facilities at the expense of the County. All connection charges, Metropolitan Waste Control Commission sewer availability charges (SAC charges), and sewer and water usage charges shall be paid by the County to the City at the reasonable and customary then prevailing City rates for comparable uses. Except for trunk water and sewer assessments payable as provided in §8.01 hereof, sewer and water charges_will not be based on a price structure which assumes a 211 dwelling unit develop- ment, but rather will be based on a comparison of volumes generated by similar residential, commercial, or institutional uses. 7.03. Water and Sanitary Sewer Easements. The County shall provide, consistent with applicable Metropolitan Council policies and the grant contract for acquisition of the Lake Minnewashta Regional Park between the County and Metropolitan Council, at no cost to the City, such linear water and sewer easements as the City may deem necessary to provide water and sanitary sewer services to the park and contiguous areas. Said easement alignments shall not be so located as to materially affect the character of the Park. Section 8. Assessments, Taxes, and Costs. 8.01. Outstanding Assessments. By resolution adopted October 20,. 1975, a copy of which is attached hereto as Exhibit "E", the City levied a total of 211 trunk water and sewer unit assessments against the properties to be acquired for the park. It is a condition to the grant of the within conditional use permit that all of said assessments be paid in full by the County immediately upon its acquisition of said properties. Included within said payment shall be accrued interest computed pursuant to M.S. 5429.061. 8.02. Tax Equivalents. In the event the Metropolitan Council of the Twin Cities fails or declines to pay to the City tax equivalents under M.S. §473.341, it is agreed that said tax equivalents shall be paid by the County to the City upon demand. 8.03. City Cost. The County agrees to reimburse the City promptly upon invoicinsr g theefor, all reasonable and customary costs incurred by the City since the inception of the park concept through the con- ditional use permit. Eligible costs shall consist of publication and notification expenses, attorney fees, engineering fees, costs in connection with the November 2, 1977 public hearing, and any other reasonable outside direct costs to the City. -4- Section 9. General Provisions. 9.01. Indemni€ication. The County shall indemnify and hold the City) harmless from liability on account of injury or damages to person or property arising out of the operation of the park facilities. In the event legal action is brought against the City, either solely or jointly with the County, on account of any such injury or damage, the County, on notice to it by the City, shall defend the City in any such action at the expense of the County. In the event of judgment against the City in any such action, the County shall -pay such judgment and all costs in connection therewith, and hold the City harmless therefrom The County does not agree to indemnify, hold harmless, or defend any action or pay any judgment arising from acts of officials, employees, or agents of the City while in the park. 9.02. Non -Assignment. Neither the within conditional use permit nor the park contemplated hereunder shall be assigned or conveyed by the County without the prior written consent of the City. 9.03. Standards Applicable. The City Council and its Planning Com- mission 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 pursuant 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 agree- ment. Executed this V day of Z&V 1977, by the City of Chanhassen. Attest: City Clerk/Manager" CITY OF CHANHASSEN By��d. MAYOR Executed this 6th day of December 1977, by the Board of Commissioners of Carver County. Att t: County Audit r. BOARD OF COMMISSIONERS OF CARVER COUNTY By lel Vice -Chairman -5- 0 0 ,, , BOARD OF COUNTY C010USSIONERS CARVER CotHM, MtfiMTA Date— December 6, 1977 Resolution No Motion by Commissioner Aretz Seconded by Commissioner Trende Commissioner Aretz moved, seconded by Trende, to approve the Conditional Use Permit. for the Lake Minnewashta Regional Park, and authorize the vice—chairman to sign the agreement with Chanhassen. YES Aretz Trende Gran Ess State of Minnesota NO County of Carver 1 ss. U f appointed I, YNilarl,5kli e�d a�uly elected. qualified and acting County Auditor for the County of Carver, State of Minnesoto, do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Carver County, Minnesota, at their session held on the 6th day of _ December 19 77 now on file in my office, and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chaska, Minnesota, this31st day�sf January, 1978 ' corny emdlYrr MEMORANDUM CITY OF CHANHASSEN N 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: September 12, 1983 SUBJ: Conditional Use Permit, Lake Minnewashta Regional Park (Formalize Previous Council Action) In August of 1982, Carver County ed permit for the Lake Minnewashta on request was processed, public h i Commission, and their recommend io s Council. Five changes were be' re The fifth, was a request from a Me nate the existing 15 horsepow regul the Regional Park. That req st recei and the City Council acted appoint review the request, consid alternati dation. On July 21, 1983, its recommendations extensive and co attended by r thrust of tha requirement power and to the Regional Park that their conditional use al Park be amended. The held by the Planning ubmitted 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- Lake Minnewashta tached). Work of d numerous options y Committee presented committee had been Meetings were well a area. The major the horsepower horse - an unrestricted access at ono point in t&ched exhibit) . The City Council action was "st ferected to amend the con- ditional use permit by incorpolffiiM the recommendations of the Lake Minnewashta Boat Access St Committee and resubmit it to the Council." Given the time that it expired from, Roger Knutson recommended holding a new hearing. On August 17, the Planning Commission held the second public hearing on this item. No public comments were received. The Planning Commission acted to endorse the recommendation of the Lake Minnewashta Study Committee. 0 Mayor and Council September 12, 1983 Page 2 The recommendations of the Lake Minnewashta Study Committee have been incorporated in the attached amended conditional use permit. The permit also encompasses the four minor changes considered one year ago. Recommendations of the Planning Commission, which do not relate to the conditional use permit itself, are recommended to be approved - but not as a part of the conditional use permit. Specifically, city staff should be instructed to physically close the access adjacent to Leach's when the new access is completed and to insure that the "no wake zone" is designated in accordance with the new Water Surface Usage Ordinance. Regarding the boat access policy, such should be considered by the Planning Commission as a part of their current ordinance revisions. Approval of the amended conditional use permit, as herein attached, is recommended. Report Of The Lake Minnewashta Study Committee June 1983 Members: Arnie Hed - Chair Clark Horn John Neveaux Tom Merz Pat Murphy Established: by City Council — August 1982 Chi: To study public access alternatives for Lake Minnewashta Background: 1. City/County Conditional Use Permit for Lake Minnewashta Regional Park has 15 horsepower limit. 2. City's informal access adjacent to Leach's Resort is unrestricted. 3-. Private access (Leach's) is unrestricted. 9. 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 with the 15 horsepower restriction. Also, affected City's park grant consideration. G. County applied for C.U.P, amendment deleting the i5 horsepower restriction. 7. Park & Recreation Commission recommended approval. B. Planning Commission recommended denial. 9. City Council established this committee to study alternatives. Committee Work: 1. Met with DNR & Metro Council representatives: a. Neither DNR nor Metro Council will use their .funds for more shoreline when Regional Park has 2 miles. b. DNR would be amenable to location other than the park -if they did not have to fund land acquisition. Attachment #2 be permanen- o� aaequate aesign, ana wannin pg u,.uu cannot be � i -ated from the launchinv . to by roadway. d. Total of 32 to 37 parking spaces must be provided to meet DNR and Metro Councilrequirements. Some of these spaces could be assigned to the restricted access on Little Minne. 2. Reviewed potential access areas around lake: a. Existing city access adjacent to Leach's Resort: * Developed plan for moving Minnewashta Parkway. * Not economically viable. * Residents object to current use and long term use as access. * Apparently unwilling sellers. b. Leach's Resort: * Development potential of land too valuable for long term use as access. * Extremely expensive to acquire. C. Island at south end of lake north of Hwy. 5: Safety problems with car/trailer access off and onto Hwy. 5. * Marginal in size and may require fill on island. * Environmentally sensitive around island as spawning area. * Fill required would make turn lanes expensive and environmentally harmful. Permits for filling would be difficult to obtain. * Potentially expensive and difficult to acquire. d. Existing neighborhood accesses (street extensions) located in several subdivisions: * Extremely disruptive to established neighborhoods. * Expensive and difficult to provide parking. e. Lake Minnewashta Regional Park (3 potential areas): * Little Minne is environmentally sensitive and should not be the principal.public boat entrance to the lake. access wirut ser.iousiy disrupting �- plann, of pier wand swimming. Also -b at. the the entran.;e road, it hinders the '..pt_ational flexibility of the park plan. d use "end" of *` The one other remaining area, located in the southern third of the park, may detract from one picnic area, but would not require any extra road work and a launching and parking area could be reasonably designed and permits should be easily obtainable. Conclusions: 1. An access meeting DNR requirements is in the long term best 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 conflicts on the west side of the lake, and does not meet the definition of public access used by those agencies. 4. Access meeting DNR and Metro Council standards can be obtained within the boundaries of Lake Minnewashta Regional Park with less impact on the community than any other location around the lake. Recommendations: We hereby recommend that the City Council endorse the concept of dual public accesses located within Lake Minnewashta Regional Park. We ,- believe this concept provides the best long term solution to providing reasonable public access to Lake Minnewashta with the least impact to. the community and to the environment; and with minimal impact on the County's plan for the regional park. We recommend that the following specific proposals be adopted as the means of implementing this solution: 1. An additional boat access with no horsepower restriction will be established in Lake Minnewashta Regional Park as shown in Attachment A. This access will be limited to a maximum of 20 parking spaces. This access should be developed in the spring of 1985 at which time a permanent County park employee will be resident at the park. 2. 'At such time as the new public access is open, the City should physically close its access adjacent to Leach's Resort. The City should make a policy statement that the closing of a quasi -public access or private access will not constitute a reason or justification to increase public access parking or capacity. This statement could be included within the City's Comprehensive Plan as is proposed for No. 6. I ). 4. 5. 6.. 1nC cY.lb l-1310 }+u 4/�•i� cis-�c`"va• u-..-•-�`•' a ma: E Planning Commission Minutes August 24, 1983 Page 8 Condi Public Present Pat Murphy Mike Liddicoat Arnie Hed t for a Carver County Carver County Lake Minnewashta Boat Access Study Committee Waibel presented the staff report indicating that approximately one year ago, the Metropolitan Council and D.N.R. noted opposi- tion to the horsepower restriction on the Minnewashta Regional Park access for reasons that it is discriminatory. The City Council, in recognition that resolution of this matter was needed, created the Lake Minnewashta Boat Access Study Committee to research and recommend on how public access to Lake Minnewashta can be best accommodated. He stated that, as far as Minnewashta Regional Park 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 and they came out and looked at the various options and facilities. I think we examined every possible alternative on Minnewashta. It was our objective from the very beginning to control the density on the lake and also to provide public access use of the lake but not abuse. In the past, the access has been next to Leach's Resort, which is actually a vacated street and was not authorized by the D.N.R. so the D.N.R. did not take care of the lake in the past 12-15 years. The use, as you are probably aware of, on 15 and Minnewashta Parkway, there are sometimes 40 or more cars and trailers. So this poses a high safety problem in Minnewashta Parkway. We looked at some creative ways of solving the problem, by moving Minnewashta Parkway further west. We got the cooperation from the City and the County and they examined that. We had a meeting and perhaps 40 or 50 residents from around the lake attended. We found that it was initally not feasible. The most attractive to, we felt, the city, the resi- dents of the lake, the County, D.N.R., Metro Council, was to utilize some of the existing facilities in the regional park. 'Planning commission Minutes August 24, 1983 Page 9 Our hope there was to keep non -motorized craft in Little Minnie Bay and the motorized craft down the shoreline. The location for the access is nearly a mile from any residential area. At the time the access would go in, the public access that exists next to Leach's will be automatically closed and that would eliminate any safety problems on Minnewashta Parkway. We anticipate that Leach's Resort, because of economic conditions, will probably not run more than 1-3 years at the most. Currently, Leach's is putting in about 30 boats a day. So if we are lowering the den- sity on that lake for an excess of the D.N.R. safety standards, 30 boats coming from Leach's and 25 over at the new park. But when Leach's close, there will be no increase in spaces at the regional park. we 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. Albee :roved, seconded Py Noziska to close the public hearing, all voted in favor and the motion carried. Merz moved, seconded by Albee, to recommend that City Council adopt amendment 6.04 to the Conditional use Permit with the following addition: "The Lake Minnewashta Park be the only access on the lake." and the following specific proposals be adopted as the means of implementing this solution: 1. An additional boat access with no horsepower restriction will be established in Lake Minnewashta Regional Park as shown in Attachment A.. This access should be developed in the spring of 1985 at which time a permanent County park employee will be resident.at the park'. 2. At such time as the new public access is open, the City shov}d 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 eould shall be included within the City's Comprehensive Plan as is proposed for No. 6. 3. The existing public access on Little Minnie will be limited to a maximum 10 horsepower motor size and a maximum of 15 parking spaces will be provided to serve that access. The County should be permitted to rent a limited number of canoes for use on Little Minnie. 4. The County's master plan be revised to reflect these changes and the City's conditional use permit be amended to reflect these changes. Planning Commission Minutes August 24, 1983 Page 10 5. Little Miane should be surface zoned as a "Slow - No wake" zone. 6. The City should establish a firm policy position regarding all public accesses, such as "the city hereby establishes a boat .access policy and standard of one (1) parking space for every 20 acres of water surface - such being both a minimum and maximum standard on all City lakes." Further, this policy and standard should be included within the City's Comprehensive Plan as well as within a land use ordinance (water surface or zoning), such requiring a 4/5ths vote to be modified thus providing reasonable assurance of continuity. All voted in favor and the motion carried. Comorehensive Land Use Develooment Grouo. Public Present B.L. Schlender Wanda Squire Paul Schoenecker 6400 Emerson, Minneapolis 6400 Emerson, Minneapolis 9450 Lakeland Terrace Waibel summarized that the request was to change the land use designation for the southerly most 23.92 acres of Tract B, RLS 88 from campus business to commercial. +vaibel stated that staff finds approval of the request may be granted at this time with the anticipation that further land use Plan amendments will be forth coming shortly for the lands adjoining the subject property as a result of the Zoning and Subdivision ordinance revisions. He also stated that the existence of large undeveloped areas between this property and areas of planned or existing development presents a situation where a wide variety of well planned land uses can be compatably accommodated. Albee moved, seconded by Noziska to close the public hearing, all voted in favor and the motion carried. Albee moved, seconded by M. Thompson that the Planning Commission recommends amending the Comprehensive Land Use Plan from campus business to commercial for the southwesterly 24+ acre's of Tract a. R.L.S. No. 88 as presented in Planning Case 83-2 Land Use Plan Amdndment. All voted in favor and the motion carried. Also the Planning Commission directed staff to make arrangements for amending the Comprehensive Land Use Plan designation from campus business to commercial for the area east of the property to County Road 17. 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED CONDITIONAL USE PERMIT LAKE MINNEWASHTA REGIONAL PARK THIS AGREEMENT, made and entered into by and between the City of Chanhassen, hereinafter referred to as the City, and the Board of Commissioners of Carver County, hereinafter referred to as the County; WITNESSETH, that in the exercise of their powers pursuant to law, and in consideration of the mutual convenants herein con- tained, the City and County recite and agree as follows: Section 1. Recitals. 1.01. State Law and City Zoning Ordinance. It is acknowledged by the parties hereto that under the provisions of M.S. §398.32, no county parklands or waters may be acquired within the limits of any city without the approval by resolution of the governing body of any such city; and it is further acknowledged that under the provisions of the City zoning ordi- nance, parks and recreational areas owned and operated by govern- mental units may be allowed within residential zoning districts only upon the securing of a conditional use permit from the City. 1.02. County Park Proposal. The County proposes the acquisition and development of a regional park to be located on the northeast shore of Lake Minnewashta, designating said park as Lake Minnewashta Regional Park (hereinafter referred to as the "park"), and has made application to the City for approval of said acquisition and development and the issuance of a con- ditional use permit. 1.03. Lake Minnewashta Regional Park Master Plan. Except as hereinafter modified or otherwise provided, the Lake Minnewashta Regional Park Master Plan - 1982 Updated - as approved by the County Board of Commissioners on April 13, 1982 forms the basis of this conditional use permit for said County Regional Park. Said Master Plan and approving County motion are attached hereto as Exhibits "A" and "B" respectively and incor- porated herein by reference. 1.04. General Purpose. The purpose of this agreement is to setforth the terms and conditions governing the approval by the City of the parkland acquisition and the grant of the within conditional use permit which are conditions precedent to land acquisition by the County for the park. Section 2. Park Areas C and D. 2.01. Master Plan. Whereas the City, the County, and the Metropolitan Council of the Twin Cities have determined that removal of areas C and D from the Master Plan of the Lake Minnewashta Regiona- Park, hereinafter referrec • 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. 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- 0 0 County Park Commission. The City representation will be appointed by the respective City Councils on an annual basis. The Advisory Committee shall review the County's development plan and make recommendations to the Carver County Park Commission in regard to such plan. The Advisory Committee shall also monitor park operations in a general way, and shall make recommendations to the County Park Commission in regard to improvements in operating policies. The Advisory Committee members shall also keep the City Councils of their respective cities informed of their general activities. They shall also serve as the conduit of concerns from their respective City Councils to the County. Section 6. Governing Ordinance, Policing, Fire Protection and Access. 6.01. County Park Ordinance. The Park Ordinance of the County shall regulate the use of the park. The City and the Advisory Committee shall recommend any appropriate amendments to the County Park Ordinance or regulatory County Board Resolutions as the same may be applicable to the park. In addition, all County proposed park ordinance amendments or regulatory resolu- tions shall be reviewed by the Advisory Committee for its recom- mendations and comments prior to enactment. 6.02. Policing. Policing of the park shall be the responsibility of the County through its Sheriff's Department at no cost to the City. Any supplementary police services furnished by any future City police department shall be performed only under the terms and conditions of a mutual aid agreement the City and the County. 6.03. Fire Protection and Emergency Services. Fire pro- tection and emergency rescue services necessitated by land - oriented incidents shall be provided by the Fire Department of the City. Emergency rescue services necessitated by water - oriented incidents shall be provided by County lifeguards or the County Sheriff's Water Patrol. 6.04. Lake Access. A watercraft access to Lake Minnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access is to be limited for launch of watercraft of ten (10) horsepower or less and have a capacity of 10 car/trailer spaces. An additional access without horsepower restrictions having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2nd Access" marked Official Copy. Section 7. Roads, Water and Sanitary Sewer Services. 7.01. Roads. All roads and trails within the park shall be constructed and maintained, including snow plowing, by the County. -3- 7.02. Water and Sanitary Sewer Services. The County shall provide water and sanitary sewer systems through on-site facilities approved by the Minnesota State Board of Health and such other state regulatory agencies having regulatory power thereof. When available, said water and sanitary sewer services shall be connected to the City facilities at the expense of the County. All connection charges, Metropolitan Waste Control Comission sewer availability charges (SAC charges), and sewer and water usage charges shall be paid by the County to the City at the reasonable and customary then prevailing City rates for com- parable uses. Except for trunk water and sewer assessments payable as provided in §8.01 hereof, sewer and water charges will not be based on a price structure which assumes a 211 dwelling unit development, but rather will be based on a comparison of volumes generated by similar residential, commercial or institu- tional uses. 7.03. Water and Sanitary Sewer Easements. The County shall provide, consistent with applicable Metropolitan Council policies and the grant contract for acquisition of the Lake Minnewashta Regional Park between the County and Metropolitan County, at no cost to the City, such linear water and sewer ease- ments as the City may deem necessary to provide water and sani- tary sewer services to the park and contiguous areas. Said easement alignments shall not be so located as to materially affect the character of the park. Section 8. Assessments, Taxes and Costs. 8.01. Outstanding Assessments. By resolution adopted October 20, 1975, the City levied a total of 211 trunk water and sewer unit assessments against the properties to be acquired for the park. It is a condition to the grant of the within con- ditional use permit that all of said assessments to be paid in full by the County immediately upon its acquisition of said prop- erties. Included within said payment shall be accrued interest computed pursuant to M.S. 5429.061. 8.02. Tax Equivalents. In the event the Metropolitan Council of the Twin Cities fails or declines to pay to the City tax equivalents under M.S. 5473.341, it is agreed that said tax equivalents shall be paid by the County to the City upon demand. 8.03. City Costs. The County agrees to reimburse the City promptly upon invoicing therefor, all resonable and custo- mary costs incurred by the City since the enception of the park concept through the conditional use permit. Eligible costs shall consist of publication and notification expenses, attorney fees, engineering fees, costs in connection with the November 2, 1977 public hearing, and any other reasonable outside direct costs to the City. Section 9. General Provisions. 9.01. Indemnification. The County shall indemnify and hold the City harmless from liability on account of injury or -4- damages to person or property arising out of the operation of the park facilities. In the event legal action is brought against the City, either solely or jointly with the County, on account of any such injury or damage, the County, on notice to it by the City, shall defend the City in any such action at the expense of the County. In the event of judgement against the City in any such action, the County shall pay such judgement and all costs in connection therewith, and hold the City harmless therefrom. The County does not agree to indemnify, hold harmless, or defend any action or pay any judgement arising from acts of officials, employees or agents of the city while in the park. 9.02. Non -Assignment. Neither the within conditional use permit nor the park contemplated hereunder shall be assigned or conveyed by the County without the prior written consent of the City. 9.03. Standards Applicable. The City Council and its Planning Commission have determined that in the grant of the within conditional use permit, the standards of the Chanhassen Zoning Ordinance have been met. 9.04. Execution. Each party warrants and affirms that the within agreement was duly authorized by its respective governing body and executed by its duly authorized officers pur- suant to resolution duly adopted, and each party shall file with the other party a certified copy of the resolution approving the execution of the within agreement. Executed this JwtA day of �,tal/fl� 1984, by the City of Chanhassen. ATTEST: City Clerk Manager CITY OF CHANHASSEN By: Mayor Executed this Aday of AQcea4,62l 1984, by the Board of Commissioners of Carver County. ATTEST: ount xecutive S ietary BOARD OF COMMISSIONERS OF CARVER COUNTY By' -5- STATE OF MINNESOTA COUNTY OF CARVER DOCUMENT NO. 68828 OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER This is to certify that this document was filed in this office on thew' day of 0c..19RgA.D. at&%3Qo'clock_ALM. and was duly recorded in Book Al of YYlficr.• page N19-UaA CERTIFICATION 0 County Recorder by ss - I, Karen J. Engelhardt, duly appointed, qualified and acting Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of the amended Conditional Use Permit for Lake Minnewashta Regional Park with the original copy, now on file in my office, and have found the same to be a true and correct copy thereof and as approved by the City Council. Witness my hand and official seal at Chanhassen, Minnesota, this 19th day of December , 19B4 I *Kaen!J E ge rdt, Deputy Clerk A y' ., Fi a VA 4 acs° 4 YOUR VOICE TO PROTECT AND ENHANCE MINNESOTA s LAKES AND FJWRS MARCH/APPoL, 2001 VOLUME 5, Nn 2 THE IMPACTS OF MOTORIZED WATERCRAFT ON THE LAKEENVIRONMENT Leisurely boating around the lake on a wart summer afternoon, cruising after supper to watch the sunset over the lake, fishing in the quiet of the early morning, or watching the grandchlldreris delight In being pulled around the lake on a water tube or skits are just a few of the pleasures that motorboating brings to hundreds of thousands of people in Minnesota each year Yet, as the number of motorized boats on Minnesota's lakes continues to increase, questions arise about the potential impacts these boats have on the lake environment. These impacts can be on water clarity, shoreline erosion, plant communities, fish, wildlife, water quality deterioration, and human enjoyment (air quality, peace and quiet, safety and crowding). And, the Increasing development of lakes and rivers leads to increased boat activity especially in areas that have not been traditionally used for recreation. How might more and more motorized boats affect our lakes?The rest of this arti- Increased numbers of motorized boats in Minnesota cle attempts to answer the question through a summary of findings from the recently completed study, "The Effects of Motorized Watercraft on Aquatic Ecosystems" by Timothy Asplund, Wisconsin Department of Natural Resources and the University of Wisconsin Water Chemistry Program. From this point forward, "boats" will be used to mean motorized boats Including powerboats, fishing boats, pontoon boats and personal watercraft. continued on page 6 According to boat statistics provided by Kim Elverum, boating coordinator, Minnesota Department of Natural Resources, in the last 20 years there has been a 28 percent Increase in registered motorboats, and boats are larger in size. There is also a significant increase In the number of personal watercraft (PWC). Between 1980 and 2000: • the number of motorboats less than 16 feet decreased by almost 20 percent, from 296,969 to 241,986 boats; • the number of motorboats 16 feet to less than 26 feet increased by almost 125 percent, from 145,000 to 323,000 registered boats, • the number of motorboats 26 feet and over increased by 63 percent, from 4,367 to 7,138; • PWC increased by five fold (537%) from 6,298 registered in 1990 to 33,883 registered in 2000; • The total number of registered motorboats increased 28 per -cent, while boats of all types Increased 40 percent to a total of 812,247 regis- tered boats of all types in Minnesota in 2000. Sharing some of his experiences from 27 years with the DNR. Elverum said the increase in motorboats from 16 feet to less than 26 feet comes mostly in the 16 -to -19 foot range. The largest growth in this category Is probably aluminum outboard fishing boats, as more anglers trailer their own craft from lake to lake. The number of 17 -to -19 foot fiber- glass runabouts has also increased—both outboard and inboard - outboard drives. The rate of increase in personal watercraft registrations dropped off after it peaked in 1995, white there has been an increase in kayak registration, both river and sea types, over the last 10 years. "Minnesota's increases are not unlike the national trend," said Dvenun. "Although, surprisingly, from 1980 to 1999, Minnesods 36 percent overall increase in boat registrations was 13 percent below the overall national Increase in boat registrations of 49 percent." Page 1 0 0 How can motorized boats affect lakes? (continued from page 1) Boats interact with the aquatic ecosysten"efined as the lake community of plants and animals and the physical and chemical environment in which they exist—by a variety of mechanisms. These can include emis- slons and exhaust, propeller contact, turbulence from the propulsion system, waves produced by movement, noise, and movement Itself. In turn, these impacting mechanisms may have multiple effects on the aquatic ecosys- tem. Sediment resuspension, water pollution, disbrbamce of fish and wildlife, destruction of aquatic plants, and shoreline erosion are the major anis of Impact Water clarity Propellers may disturb the lake bottom directly, or Indirectly through the wash or turbulence they produce, especially in shallow water. This can decrease water clarity by Increasing the amount of sediment particles in the water or may cause nutrients that are stored In the sediments, such as phos- phorus, to become available for algal growth. Waves created by watercraft may contribute to shoreline erosion, which can cloud the water and decrease water clarity. Water clarity is important because It affects the ability of the fish to find food, the depth at which aquatic plants can grow, dissolved oxygen content, and water temperature. It is also Impor- tant aesthetically to the recreational enjoyment of the lake and can even affect property values. Water qualities Boat motors can add metals (lead, cadmium, mercury), nutrients (phos- phorus, nitrates) and hydrocarbons (methane, gasoline, of -based products) to the water column. These added chemicals can affect the pH and dissolved oxygen of the lake, which in tum can Influence the type and abun- dance of fish. A certain amount of the fuel that enters into a motor is discharged unburned and ends up in the water. Two stroke engines, which make up the vast majority of boat motors, are particularly inefficient On average, 25 to 30 percent of the boats fuel may pass into the water column. Otter concerns include lowered oxygen levels due to carbon monoxide Inputs, and spurs or leaks associated with the transfer of gasoline near the lake. Plain Communities Boats impact plant communities (mactophytes) either directly, through contact with the propeller and boat hull, or indhectly trough turbidity and wave damage. Propellers chop off plant shoots and uproot whole plants in shallow water, and Increased turbid- ity from boat activity may limit the light available for plants and limit where plants can grow. Increased waves may limit the growth of emergent species, such as cattail, bulrushes and sedges. Finally, boats may transport exotic species, such as Eurasian water- milfod from one lake to another. Aquatic plants perform many important ecosystem functions, includ- ing habitat for fish, wildlife, and minute invertebrate animals that are important to the food chain. Plants also stabilize the lake-botmm sedi- ments, protect shorelines by providing a buffer between the shoreline and open water, cycle nutrients In the water to maintain water clarity, and are food for many organisms. Shoreline erosion Boat wakes create waves that can lead to shoreline erosion, especially in areas where shoreline vegetation has been removed or the bank is compacted. Wave height and other wave charac- teristics vary with speed, type of water- craft, engine size, and distance from shore. Propeller turbulence from boats Operating in near -shore areas may erode shorelines by destabilizing the bottom. Shoreline erosion may affect water clarity in near -shore areas, shading submerged aquatic plants as well as providing nutrients for algal growth. It can interfere with fish use of shallow water habitat, as well as wildlife use of the land -water edge. Excessive shoreline erosion can negatively affect property values and can be expensive to prevent. Fish Direct contact of boats or propellers may be a source of mortality for certah fish species, such as carp, and pollution from exhaust or spurs may be toxic some fish. Boating can also disturb fis. 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 ate an important part of the food web. The presence or absence of individual specles, as well as overall fish numbers, can be an indicator of ecosys- tem health. Plus, fisheries are an impor- tant resource for food and recreation. Any human activity that affects water quality and habitat has the potential to affect fish populations. contimsed on page 7 Page 6 RETURN TO PAGE 1 110bWeimed VYVANQaltr OWNIRBd i cmptaigp 6 whflife Boats may have direct Impacts on wildlife through contact with propellers or the disturbance of nests along the shoreline by excessive wave action. Dlsbubance 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 loots and other wildlife to vacate nests, leaving the eggs or young vulnerable to predators. Indirect effects may include the destruction of habitat or food sources in the shallow areas, or impaired water quality. Summary While the effects of boats on aquatic systems are complex and depend on a number of factors, a few general obser- vations can be made. Fast, the physical effects of propeller, waves, and turbulence appear to be more of an irate 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). Thud, these effects can have reper- cussions for other features of the aquatic ecosystem, including the fish and wildlife community arid nutrient status. These observations all indicate that the most important area of a lake to protect is the shallow water, near - shore habitat known as the littoral zone. Boats that operate In deep water with large surface areas are not likely h be impacting the aquatic ecosystem. There are still a number of unknowns regarding motorboat 0 Impacts on aquatic systems. Most of the studies in the Wlscosln report focus on the short -tens or acute impacts of boat activity. It is still not clear what role boats can play 1n the long -tens changes of a water body, I.e. changes In the plant community, over- all water quality, or fish and wildlife use. Many other factors influence these same features and may have changed along with the increased boat activity. What can we do? 1. Establish No -Wake Zones. Given that most impacts of boats are exhibited in shallow -water, near -shote areas, protecting these areas with no - wake zones would be the most effective way of reducing Impacts. No -wake zones have a dual benefit of both slow- ing boats down and directing traffic elsewhere. Extending a no -wake zone to 200 or even 300 feet has the most potential to protect the littoral zone and help reduce shoreline erosion. 2. Establish Restricted Areas. In some cases, protection of aquatic resources may require restricting all boat activity, notjust speed. Boats can still disturb plants, sediments, and wildlife at no -wake speeds. To adenuateiv orotect waterblyd feeding and nesung areas, a "buffer zone" of at least 300 feet has been suggested, in which all human activity is restricted. 3. Enforcement and Education. Many of the environmental problems associated with boat activity could be resolved with better enforcement of existing ordinances or regulations and by promoting awareness among boaters. Slow -no -wake zones are often Ignored, or the impacts of boats are misunderstood. It is also important to inform boaters about the importance of plants. Ilttoral zones, and natural shore- lines and how their activities may affect the aquatic ecosystem. 4. New Boat Teclntology. All two- stroke engine manufacturers, including traditional outboard motors and PWCs, must reduce ah emissions by 75 percent by the year 2025. Most manufacturers have already introduced cleaner -burning two-stroke motors for both motorboats and PWCs. Four-stroke engines, which use fuel more efficiently, produce cleaner exhaust, and run more quietly than traditional two-stroke engines, are becoming much more common. For more information, see the fuy report at httpl/wwwdarstate.wt-us/rrrPt waredffip, a Makes pdf Shaded areas indicate wnere me nn -•- — - Page 7 RETURN TO PAGE 1 Aerial (looking north) illustrating the existing roadway on the east side of the photo that will be transitioned to a multipurpose trail. Boat Launch Facilities it was determined that consolidation of the two existing boat launches into one convenient location achieves a number of important objectives. I AKF MINNFWAQNTA RFr11r Kill .Auv ""Yc. a ..' SECTION V - DEVELOPMENT MASTER PLAN The park drive would be designed to Figure 5.2 — Character sketch of entrance redesign. be 22' wide with a rural cross-section. P..i. la..ui Asphalt pavement is proposed to control dust, reduce wash -boarding, avoid mud and erosion, and minimize ongoing maintenance costs - all of which have been ongoing concerns given the extensive use of the road. As illustrated in figure 5.1, there is one section of existing roadway that will be eliminated to avoid redundancies in roadway infrastructure. Once eliminated, the existing roadbed will be used for a new paved trail corridor as shown on the Master Plan graphic and defined later in this section. T. Una P..6.a R.A To op.. Up — v1... of P.I. Ew Ezbn�lrs N.Uw YVITdtrow.r DUPIq ro Impm.o Ao.tl.otim & I.I.n* P.16 o.nunonvl Fen>To ---� Am..t n.a C..wl A. M. n P..L E.t..nw Si~_ S.M. R..a -- M.in G.r� T. A.wnd L. sem' ,_. P..6 Ent—c' WaL I-1-- r--o.......nttF....T.A .tEna.n.. I..uuo. And Cmwl A.w.. E.t.n.i.. Nei.. Wllaflo... Di.pl.y T. I.,.•o A..tlm &IaonRfy P..L Id.nt:Fbu.n 6yn.p. Much of the public discussion about the park's development centered around the optimal location for the boat launch. After consideration of a number of options, it was determined that consolidating the two existing boat launches into one convenient location achieves a number of important objectives, including: • Reducing the need for boaters to travel to different areas of the park to determine if a space is available. • Reducing the extent to which vehicles with trailers will have to travel through the park to get to a boat launch facility. • Consolidating all parking spaces into a location that can be more readily observed from the Visitor Contact Station. • Reducing the maintenance cost associated with maintaining two instead of one boat launch. Providing an opportunity to use the area of the second boat launch for an alternative use. • Ensuring that there will be adequate water depth to launch boats during lower water cycles. • Providing a greater level of protection from the wind during launching operations. Although consolidation of the two launches to the proposed location introduces more boat traffic into the bay area, the advantages of this location ultimately outweighed the other options being considered. By limiting vehicle/trailer parking to 35 spaces, it is anticipated that increased boat traffic in the bay will be manageable. • • The boat launch under the new master plan would remain in the same location as the existing boat launch # 1. The existing drives and parking areas are used to the extent possible for development of new boat launch facilities. Figure 5.3 on the next page provides a character sketch of the boat launch and Visitor Contact Station area. As illustrated, the existing drives and parking areas are used to the extent possible for development of new boat launch facilities. This design approach also spreads out the parking lot so that it is a less imposing facility. As previously defined, a total of 35 vehicle/trailer parking spaces will be provided, which equals the capacity of the park's two existing launches. The small, informal picnic area/outdoor classroom overlooking the bay would be retained for boaters, trail users, and interpretive programs. As figure 5.3 illustrates, the boat launch includes two side-by-side ramps to increase its efficiency. solicited when the launch is developed to ensure that all functional issues are appropriately addressed. SECTION V - DEVELOPMENT MASTER PLAN Aerial (looking north) illustrating the existing boat launch # 1, which will be Input from local boaters and the MNDNR should be The parking lot for the launch would be paved with asphalt with some form of curbing to control vehicles and minimize maintenance. Stormwater runoff from the parking area would be managed in an ecologically -sound manner in keeping with the ecologically sustainable philosophy of the park. Aside from the ramp and associated parking, the amenities to support the boat launch facility are purposefully simple and limited. This includes convenient trails to connect each parking area to the boat launch. As illustrated in figure 5.3, boardwalks may be needed to traverse a small lowland area. A small picnic shelter with a couple of picnic tables is also shown near the boat launch. If the boat launch is developed before the Visitor Contact Station, this location could be used for pit toilets on an interim basis. Boarding docks along the side of the boat launch are also provided to ease the trailering operation. These would be wood decked and similar in design to the boardwalks. A pull -off area near the boat launch for removing weeds from boats and trailers would be provided as well. LAKE MINNEWASHTA REGIONAL PARK MASTER PLAN 5.6 I— L-1 • The small picnic area (as shown in figure 5.3) will be retained. A temporary stopping lane is also provided along the park drive in front of the Contact Station to allow vehicles with and without boat trailers to stop. SECTION V - DEVELOPMENT MASTER PLAN A temporary stopping lane is also provided along the park drive in front of the Contact Station to allow vehicles with and without boat trailers to stop. This lane also provides an area for vehicles with trailers to temporarily stack while waiting for a parking space to open up. In busier times, stacking could also occur within the boat launch parking lot, assuming that the attendant can adequately monitor and control use of the launch facility. The extent to which space is required for stacking either along the road or within the parking lot will require additional design consideration at the time of development, with a greater level of input from parks staff and boaters. Figure 5.3 - Character sketch of boat launch and Visitor Contact Station. Infnrnal Picnic Arca Outdoor Cln...11. c / Tnilar Parking .—i..� (35 Sp... Total) 5 i.' c •�,—Nalorc Trod Stroll., St,urtiva Ba.t Launch Wid, f�i I Bo."g Dock ,y.. it Bo.t Pull -Off Ana --.�• f/'Q'yys�. Y (Wood Ranaval'.la( /i ./ y� ,. .. y� — ViAW, Contd 5k.0oa/ Tndh..d P.rltiod (20 .p.c..l T.sracr An. o..dackingW.d..d • Vi.itar c.ntact Statin. Nature Tnd (?. ..; "'.� i'''r ad � Vbilor Tenponry x. Parlung Lan. 1.J Park Multi- Monitored f.�`f •. 1� Purpo.c Tod Pad..tti.n Cm i '� flack Mull nr. P.P.S. Trail I AKF WNNFWASHTA RH.IONAI PARK MACTFR PI AN --- 'S.7 0 • ON -3"7 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on January 20, 2005, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached Notice of Public Hearing on Proposed CUP Amendment to Boat Access #1 at Lake Minnewashta Regional Park — Planning Case No. 04-37 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this6aJth day of�, 2005. Notary KarJ. Enge art, Dep �Clerk J#N KIM T. MEUWISSENotary Pubib-MinnesotaY eammiselon E.;*. Jen 31, 2010 gtplan\2004 planning ca a \04-37 - minnevmhta regional park 75-2 cup amendment\04-37 ph notice affidavit of mailing.doc SCANWO Notice of Public Hearing Notice of Public Hearing Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 1 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for amendment to Conditional Use Permit No. 75.2 to Proposal: eliminate the horsepower restriction at Boat Access #1 Planning File: 04-37 Applicant: Carver County Parks Property Lake Minnewashta Regional Park Location: I A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer, Planner I at 952.227 - Questions & 1132 or e-mail imetzerOci.chanhassen.mn.us. If you choose Comments: to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at htto://206.10.76.6(web[Ink the Thursday prior to the Planning Commission meeting. City Review Procedure; • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Intedm Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject she to be notified of the application In writing. Any interested party is Invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaUndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be Included in the report, lease contact the Plannino Staff person named on the notification. Date & Time: Tuesday, February 1, 2005 at 7:00 p.m. Location: City Hall Council Chambers 7700 Market Blvd. Request for amendment to Conditional Use Permit No. 75-2 to Proposal: eliminate the horsepower restriction at Boat Access #1 Planning File: 04-37 Applicant: Carver County Parks Property Lake Minnewashta Regional Park Location: I A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: • What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952.227-1132 or e - Questions & mail imetzer@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at httu://206.10.76.6/webllnk the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterati� Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In writing. Any Interested party is invited to attend the meeting, • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public heading and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or parry the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerclaVndustrlal. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. It you with to have something to be Included in the report, lease contact the Planninal Staff person named on the notification. Itis map is neMm a legally recorded map nor a survey mill 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 regankng Me area shown, and is to be used for reference uryoses only. The City does rot warrant that Me Geographic Inforiation System (GIS) Data used prepare this map are anor free, and Me CM, does not represent that the GIS Data can be used w navigational, tracking or any other pumose mquidng exacting meawremenl of distance or erection or precision in Me depiction of geographic featuresti mors or 6screparicies are found lease contact 952-227-1107. The precedng disdainer is provided pursuant to Minnesota tames §466.03, Subd. 21 (2000), and Me user of this map acknowledges Mat Me City shall not a liable for any darnages, and expressly waives all dans. and agrees to defend, indenmity, and old hamless the City from any and all dans brought by User, its enplotmi; or agents, or Mird odes which ansa out of the users access or use of data provided. `, IN a+s Most Access #1 L Lake 1011mriwashla his map is neither a legally recorded map nor a survey and is not intended to be used as one. his map is a compilation of records, infomation and data located in various city, carry, state and Neral offices antl other sources regarding Me area shown, and is to Ixe used for reference urposas only. The City does not warrant Mat the Geographic Inforration System (GIS) Data used t prepare this nap are error free, and the City does not represent Mat the GIS Data can be used )r navigational, tracking or any other purpose mounting exacting measurement of dalliance, or irection or precision in the depiction of geographic features. N anors or dscrepardes are found lease contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota statutes §966.03. Subd. 21 (2000), and the user of this map acknowledges Mat Me Cly shall not e liable for any damages, and expressly waives all claim. and agrees to defend, indermity, and ad harmless Me City frau any and all clams brought by User, is enpfoyees or agents. or Mud arties which arise W of the users access or use of data provided. M ABRAHAM & DOROTHY ABBARIAO 3750 ARBORETUM BLVD PO BOX 26 CHANHASSEN MN 55317 MARK E AMBROSEN & ANN C SENN 3830 MAPLE SHORES DR EXCELSIOR MN 55331 LEE ANDERSON PLEASANT ACRES HOME OWNERS 6651 MINNEWASHTA PKY EXCELSIOR MN 55331 CHARLES F & VICKI L ANDING 6601 MINNEWASHTA PKY EXCELSIOR MN 55331 HENRY & DOLORES A ARNESON TRUSTEES OF TRUST 13791 TONBRIDGE CT BONITA SPRINGS FL 34135 DEAN J & JILL R BARTA 3837 RED CEDAR POINT RD EXCELSIOR MN 55331 DOUGLAS M & JODI B BERG 3471 SHORE DR EXCELSIOR MN 55331 JAMES R & SHERYL A BJORK 3900 LONE CEDAR CIR CHASKA MN 55318 BOYER BUILDING CORP 3435 CO RD 101 MINNETONKA MN 55345 0 0 ESTATE OF HARRY/LOUISE AHRENS THOMAS & MARY ALLENBURG C/O JERRY TESCHENDORF 6621 MINNEWASHTA PKY 14010 CENTER DR W EXCELSIOR MN 55331 LAKEWOOD CO 80228 DOUGLAS B & JAMIE ANDERSON 3607 RED CEDAR POINT RD EXCELSIOR MN 55331 LEE R ANDERSON TRUSTEE OF TRUST 6651 MINNEWASHTA PKY EXCELSIOR MN 55331 MARIANNE I & RICHARD B ANDING TRUSTEES OF TRUST 3715 SOUTH CEDAR EXCELSIOR MN 55331 MARY JO ANDING BANGASSER 8321 VIEW LN EDEN PRAIRIE MN 55347 JOHN P BAUMTROG & ILENE M LEISTER 3738 HICKORY RD EXCELSIOR MN 55331 RICHARD A & JUDITH F BERLAND 6900 MINNEWASHTA PKY EXCELSIOR MN 55331 GREGORY BOHRER 3706 HICKORY RD EXCELSIOR MN 55331 BOYER LK MINNEWASHTA HOMEOWNER C/O BOYER BUILDING CORP 3435 CO RD 101 MINNETONKA MN 55345 HAZEL P ANDERSON & DARYL D ANDERSON 2851 WASHTA BAY RD EXCELSIOR MN 55331 MICHAEL DEAN ANDERSON 7140 HAZELTINE BLVD EXCELSIOR MN 55331 RICHARD B & MARIANNE F ANDING 3715 SOUTH CEDAR EXCELSIOR MN 55331 DOUGLAS J & CAROLYN A BARINSKY 3719 SOUTH CEDAR EXCELSIOR MN 55331 EVELYN Y BEGLEY 3701 SOUTH CEDAR EXCELSIOR MN 55331 MARTIN & JANET L BEUKHOF 3451 SHORE DR EXCELSIOR MN 55331 FRANCES T BORCHART 7331 MINNEWASHTA PKY EXCELSIOR MN 55331 JAMES & RUTH A BOYLAN 6760 MINNEWASHTA PKY EXCELSIOR MN 55331 PETER T & DEANNA O BRANDT WILLIAM C & JUDITH L BRITT SCOTT A BRAIN & N LONE CEDAR 7570 DOGWOOD RD 6460 TANAGERS PT SHARON L CEDAR EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHA CIR HASKA MN 55318 0 r ROBERT E BRUERS RODNEY & GINGER B CLARKSON WILLIAM P & MARGARET COLDWELL 7054 RED CEDAR CV 3894 LONE CEDAR CIR 3501 SHORE DR EXCELSIOR MN 55331 CHASKA MN 55318 EXCELSIOR MN 55331 RONALD G & LYNN B CONROY GETSCH CORP JEROME E COVENY 3411 SHORE DR C/O DANIEL GETSCH 2921 WASHTA BAY RD EXCELSIOR MN 55331 1069 DORLAND RD S EXCELSIOR MN 55331 MAPLEWOOD MN 55119 GREGORY & JOAN DATTILO ALAN H & KAREN L DIRKS BIRUTA M DUNDURS 7201 JUNIPER AVE 7431 DOGWOOD 3627 RED CEDAR POINT RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 KENNETH C DURR STEVEN D & JUDY L EMMINGS KEVIN T & MAUREEN S FARRELL 4830 W ESTGATE RD 6350 GREENBRIAR 6541 MINNEWASHTA PKY HOPKINS MN 55345 EXCELSIOR MN 55331 EXCELSIOR MN 55331 SUSAN I FIEDLER JOHN & JOYCE FOLEY KENT J & JULIE A FORSS 3121 DARTMOUTH DR C/O RICHARD J FOLEY 3850 MAPLE SHORES DR EXCELSIOR MN 55331 4804 DUNBERRY LN EXCELSIOR MN 55331 MINNEAPOLIS MN 55435 RICHARD E & NANCY J FRIEDMAN ALYCE FULLER SCOTT P & LAURIE A GAUER 3601 RED CEDAR POINT RD 7075 RED CEDAR CV 3820 LONE CEDAR LN EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHASKA MN 55318 DIANA GEEK JEAN G GEISLER GETSCH CORP 7085 RED CEDAR CV 3680 LANDINGS DR C/O DOGWOOD IE GETSCH D EXCELSIOR MN 55331 EXCELSIOR MN 55331 7530 DOGWOOD EXCELSIOR MN 55353 31 GETSCH CORP C JOANNE GINTHER JAMES O JR & CHRISTAN GINTHER C/O JOHN GETSCH 3131 DARTMOUTH DR 3611 IRONWOOD RD 5404 GLENGARRY PKY EDINA MN 55436 EXCELSIOR MN 55331 EXCELSIOR MN 55331 STEPHEN M GUNTHER & ROBERT W & MARY M HAGEMAN & WAYNE S HAGEN HELEN KATZ-GUNTHER MICHAEL E & JENNIFER GRAVES 3628 HICKORY RD 7660 CRIMSON BAY RD 3421 SHORE DR EXCELSIOR MN 55331 CHASKA MN 55318 EXCELSIOR MN 55331 MICHAEL A SR & TONI L HALLEEN ANNALEE MARIE HANSON RICHARD A & DARLENE J HANSON MICHAEL JR & STEPHANIE HALLEEN TRUSTEE OF TRUST 7750 CRIMSON BAY RD 3351 SHORE DR 6400 GREENBRIAR EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHASKA MN 55318 E STEVEN P & LAURIE A HANSON JONATHAN D & KRISTI K HARRIS WILLIAM R HAUGH 225 CAMPBELL DR 3241 DARTMOUTH DR 3727 SOUTH CEDAR HOPKINS MN 55343 EXCELSIOR MN 55331 EXCELSIOR MN 55331 KATHRYN B HAWORTH TRUSTEE OF TRUST 7044 RED CEDAR CV EXCELSIOR MN 55331 PATRICIA J HEGMAN 3311 SHORE DR EXCELSIOR MN 55331 DANIEL J & KAREN A HERBST 7640 CRIMSON BAY RD CHASKA MN 55318 ALLEN R & CARRIE A HOFFMAN 3732 HICKORY RD EXCELSIOR MN 55331 ROBERT & CAROL HOLZINGER TRUSTEES OF TRUST 7038 RED CEDAR CV EXCELSIOR MN 55331 PER & E LAURIE JACOBSON 2840 TANAGERS LN EXCELSIOR MN 55331 DANALJOHNSON 6671 MINNEWASHTA PKY EXCELSIOR MN 55331 TERRANCE M & PAMELA JOHNSON 3898 LONE CEDAR LN CHASKA MN 55318 DAVID R BARBARA M HEADLA 6870 MINNEWASHTA PKY EXCELSIOR MN 55331 RICKY A & TOMASA HELLING 11983 NORTH 135TH WAY SCOTTSDALE AZ 85259 CAROLHERGOTT 7098 RED CEDAR CV EXCELSIOR MN 55331 KEVIN R & MARY E HOFFMAN 6631 MINNEWASHTA PKY EXCELSIOR MN 55331 BRUCE J & JEANNINE T HUBBARD 2841 WASHTA BAY RD EXCELSIOR MN 55331 GREGG R & GAY MARIE JANDRO 3896 LONE CEDAR LN CHASKA MN 55318 JEFFREY L & MICHELLE A JOHNSON 3705 SOUTH CEDAR EXCELSIOR MN 55331 THOMAS C & JACQUELINE JOHNSON 3637 SOUTH CEDAR EXCELSIOR MN 55331 ARNOLD & CAROL M HED 3860 LONE CEDAR CIR CHASKA MN 55318 JILL D HEMPEL 3707 SOUTH CEDAR EXCELSIOR MN 55331 DAVID C & DONNA B HOELKE 3621 IRONWOOD RD EXCELSIOR MN 55331 HOLZER TRUST 2003 C/O WAYNE A HOLZER 2911 WASHTA BAY RD EXCELSIOR MN 55331 WILLIAM D & DEBRA J HUMPHRIES 3890 LONE CEDAR CIR CHASKA MN 55318 WAYNE A JESKE 7096 RED CEDAR CV EXCELSIOR MN 55331 LINDA L JOHNSON 3629 RED CEDAR POINT RD EXCELSIOR MN 55331 PAUL R & MARY K JOHNSTON 6485 TANAGERS PT EXCELSIOR MN 55331 L MARTIN & DONNA R JONES ROBERT M & PATRICIA A JOSEPH JOSEPH H & GEORGIA G KANDIKO TRUSTEES OF TRUSTS 6701 MINNEWASHTA PKY 3870 MAPLE SHORES DR 7321 DOGWOOD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 0 0 JEFFREY W & TERESA P KERTSON STEVEN E & MARSHA E KEUSEMAN JOANNE T KIMBLE & 6810 MINNEWASHTA PKY 3622 RED CEDAR POINT RD MELVIN A KIMBLE EXCELSIOR MN 55331 EXCELSIOR MN 55331 7058 RED CEDAR EXCELSIOR MN 55353 31 MARIA P KNIGHT ROBERT F & SANDRA K LAPRADE FRITZ WILMER LARSON & LAAG NIEUWKOOP 28 6470 TANAGERS PT MARILYN E LARSON 3628 GC KOCKENGENEXCELSIOR MN 55331 7380 MINNEWASHTA PKY EXCELSIOR MN 55331 JEAN D LARSON WILMER & MARILYN LARSON DONALD D & COLLEEN K LINKE 3609 RED CEDAR POINT RD 7380 MINNEWASHTA PKY 7301 MINNEWASHTA PKY EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JAMES F & DOLORES LIPE DOUGLAS D LIVINGSTON DEBORAH S LOCKHART & 3880 LONE CEDAR LN 3331 SHORE DR DIANE LEESON ANDING CHASKA MN 55318 EXCELSIOR MN 55331 3618 RED CEDAR POINT RD EXCELSIOR MN 55331 THOMAS R & KAREN C LONDO CHRISTINE J LUDTKE RICHARD C LUNDELL 3764 LANDINGS DR 6480 TANAGERS PT 7341 DOGWOOD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JESSICA BELLE LYMAN THOMAS E LYONS JOHN D & SARAH H MANEY 3603 RED CEDAR POINT RD 2931 WASHTA BAY RD 7078 RED CEDAR CV EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 STEPHEN C & KAREN A MARTIN WILLIAM & JEAN M MCDANIEL JOHN B MCKELLIP 3211 DARTMOUTH DR 3341 SHORE DR 21020 RADISSON RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 MINNEWASHTA CREEK MINNEWASHTA HEIGHTS ASSN 3201 DARTMOUTH THOMAS JOSEPH DR RZ HOMEOWNERS C/O JOHN WARREN, TREAS C/O NANCY NARK EXCELSIOR MN 553333 1 3950 LINDEN CIR 6340 ELM TREE AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 C/O PATRICIASHORES INC PAUL M & MARJORIE A MODELL JAMES & PATRICIA A MOORE 634 PATICIA CRANE 3441 SHORE DR 3630 HICKORY RD 6341 CYPRESS 5 EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 BENNETT J & SHARON M MORGAN MICHAEL & SUSAN L MORGAN W ILLARD E MORTON 3920 WHITE OAK LN 3734 HICKORY RD 7024 RED CEDAR CV EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 MPLS COUNCIL OF CAMPFIRE 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 MINNEWASHTA PKY EXCELSIOR MN 55331 OLIVEWOOD HOMEOWNERS ASSN C/O BRIAN FALK 6475 TANAGERS PT EXCELSIOR MN 55331 KRISTEN L ORTLIP 2831 WASHTA BAY RD EXCELSIOR MN 55331 PEMTOM COMPANY 7597 ANAGRAM DR EDEN PRAIRIE MN 55344 VERNA ARLENE PETERJOHN 3892 LONE CEDAR LN CHASKA MN 55318 PETER J & KARRI J PLUCINAK 3631 SOUTH CEDAR EXCELSIOR MN 55331 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 0 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 C PROSHEK 3613 RED CEDAR POINT RD EXCELSIOR MN 55331 QUAI D'ANJOU LLC JANET M QUIST ETAL JOAN E 4510 WEST LAKERIDGE 7331 DOGWOOD C/O JANEETT CARLSON AP M DENVER CO 80219 EXCELSIOR MN 55331 MPHALEN APLEWOOD MN 55109 RED CEDAR COVE TOWNHOUSE PO BOX 181 EXCELSIOR MN 55331 JAMES P & SUSAN S ROSS 3725 SOUTH CEDAR EXCELSIOR MN 55331 r PATRICIA L RICHARDSON 7095 RED CEDAR CV EXCELSIOR MN 55331 ROBERT E & JUDY D ROYER 7074 RED CEDAR CV EXCELSIOR MN 55331 EDWIN L & LIVIA SEIM COY O & SANDRA S SHELBY TRUSTEES OF SEIM FAMILY TRUST 292 CHARLES DR 7068 RED CEDAR CV SAN LUIS OBISPO CA 93401 EXCELSIOR MN 55331 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 KENNETH R & MARTHA L SORENSEN 3800 LONE CEDAR CIR CHASKA MN 55318 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 WILLIAM J & EILEEN S STERNARD ASN 3664 LANDINGS DR C/O KEITH F BEDFORD EXCELSIOR MN 55331 3961 STRATFORD RDG EXCELSIOR MN 55331 PETER B & PAMELA J STROMMEN DONALD K & CHERLYN SUEKER PAUL GREGORY &MARY S 3221 DARTMOUTH DR 3111 DARTMOUTH DR S RS EXCELSIOR MN 55331 EXCELSIOR MN 55331 CRIM 20 RIM SON BAY RD C CHASKA MN 55318 CHASKA AARON J & ADRIENNE F THOMPSON TROLLS -GLEN HOMEOWNERS ASSN SCOTT A VERGIN 3711 SOUTH CEDAR C/O B F SCHNEIDER, TREASURER 7311 DOGWOOD EXCELSIOR MN 55331 PO BOX 103 EXCELSIOR MN 55331 CHANHASSEN MN 55317 GARY A & JANET K VIERLING 7099 RED CEDAR CV EXCELSIOR MN 55331 CHARILY A W EBBER 3850 LONE CEDAR CIR CHASKA MN 55318 JAMES L & CONNIE A VOLLING 3700 LANDINGS DR EXCELSIOR MN 55331 JOHN L & LORI A WEBER 3220 DARTMOUTH DR EXCELSIOR MN 55331 JAMES A & JEAN WAY 6641 MINNEWASHTA PKY EXCELSIOR MN 55331 CHRIS & KRISTINE WEDES 3716 HICKORY RD EXCELSIOR MN 55331 ANTHONY C & JODI L W EINZETL BRUCE D & KARLA J W ICKSTROM ROBERT D & JOY D WILSON 3688 LANDINGS DR 3716 LANDINGS DR TRUSTEES OF WILSON FAM TRUST 7048 RED CEDAR EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55353 31 0 BARBARA DIANE WINTHEISER LANE L & RENEA M WOODLAND ICHARD & STEPHANIE F WING 3321 SHORE DR 7034 RED CEDAR CV 181 SHORE DR EXCELSIOR MN 55331 XCELSIOR MN 55331 EXCELSIOR MN 55331 RICHARD L & ANN M ZW EIG ,DAM E & DARCY R WORLEY THOMAS E & LORI K WRIGHT 3601 IRONWOOD RD EXCELSIOR MN 5553331 920 HAWTHORNE CIR EIRONWOOD EXCELSIOR MN 55331 :XCELSIOR MN 55331 EXC 0 ROBERT L ALFORD JEFFREY MARK ANDERSON MICHAEL DEAN ANDERSON 6355 MINNEWASHTA WOODS DR 6840 HAZELTINE BLVD 7140 HAZELTINE BLVD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 RICHARD E & SUSAN K ATWOOD 2701 PIPER RIDGE LN EXCELSIOR MN 55331 RICHARD D BLISS & GAIL ANN PRATT 6400 MELODY LN EXCELSIOR MN 55331 THOMAS F & NANCY M BRUCH 6347 MINNEWASHTA 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 D & TRICIA J FALK 6475 TANAGERS PT EXCELSIOR MN 55331 ANTHONY LEE FREEMAN 6786 HIGHOVER DR CHANHASSEN MN 55317 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 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 MICHAEL W & SUSAN L GILBERT BENJAMIN & H GOWEN TRUSTEE E GRANT TRUSTEE OF TRUST 7100 CHES MAR DR 6440 HAZELTINE BLVD 2782 PIPER RIDGE LN EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 0 WILLIAM J JR & TERESA A GREER WILLIAM D & MARY D HAWORTH 2771 PIPER RIDGE LN 6818 HIGHOVER DR EXCELSIOR MN 55331 CHANHASSEN MN 55317 DARRELL W & JUDY E HINKLIN DAVID G & STACEY R HURRELL 6345 MINNEWASHTA WOODS DR 7460 BENT BOW TRL EXCELSIOR MN 55331 CHANHASSEN MN 55317 DARRELL & LAURICE JOHNSON JAMES H & ALICIA M JOHNSON 2731 PIPER RIDGE LN 2762 PIPER RIDGE LN EXCELSIOR MN 55331 EXCELSIOR MN 55331 LEONARD V & MARY ELLEN KUHI KENNETH J & BETTY L LANG 2703 CHES MAR FARM RD 2631 FOREST AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 MICHAEL P & TERRI A MASON MICHAEL J & CANDICE K MCGRAW 2711 PIPER RIDGE LN 2446 HIGHOVER TRL EXCELSIOR MN 55331 CHANHASSEN MN 55317 THOMAS M & KIMBERLY A MCREAVY MATTHEW & KRISTINE MEDICK 2751 PIPER RIDGE LN 6800 HIGHOVER DR EXCELSIOR MN 55331 CHANHASSEN MN 55317 HOWARD G & MICHELLE N NELSON JOHN T & BARBARA N NEVIN 2445 64TH ST W 6361 MINNEWASHTA WOODS DR EXCELSIOR MN 55331 EXCELSIOR MN 55331 MARK J OLSON DAVID C & LISA K OW EN 7011 HIGHOVER DR 2444 LAKE LUCY RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 RUSSELL J & LYNN F PAULY KENNETH R & LISA MARIE PEITZ 2447 64TH ST W 6811 HIGHOVER DR EXCELSIOR MN 55331 CHANHASSEN MN 55317 KEVIN & IVY PETTIS PAUL R & CAROLINDA PRENEVOST 2742 PIPER RIDGE LN 6351 MINNEWASHTA WOODS EXCELSIOR MN 55331 EXCELSIOR MN 55331 11 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 OLIVEWOOD HOMEOWNERS ASSN C/O BRIAN FALK 6475 TANAGERS PT EXCELSIOR MN 55331 PAINTING PERFECTION LTD 13875 FENWAY BLVD N SUITE 300 HUGO MN 55038 WAYNE PETERSON & KELLY WATSON 2444 64TH ST W EXCELSIOR MN 55331 GARY G & JANET REED 2461 64TH ST W EXCELSIOR MN 55331 0 CHARLESERGER III & SENBE CLAIRE GREGORY L & NANCY L SCHMIDT WILLIAM M & SANDRA B SHAVER 2700 CHES MAR FARM RD 2458 HIGHOVER TRL 2772 PIPEERR RIDGE IDGE LLN N EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHANHASSEN MN 55317 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 PTHULL 6872 HIGHOVER DR CHANHASSEN MN 55317 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 KINGSTON SPURBECK 6350 FOREST CIR EXCELSIOR MN 55331 RICHARD E & KIMBERLY TENNYSON 2722 PIPER RIDGE LN EXCELSIOR MN 55331 WILLIAM C & ANNE T W ENDELL 6814 HIGHOVER DR CHANHASSEN MN 55317 WALTER A & MELBA D WHITEHILL PAUL R & ROXANNE J YOUNGQUIST WILLIAM M ZIEGLER 7250 HAZELTINE BLVD 7105 HAZELTINE BLVD 6441 ORIOLE AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 Q W Q Y `3 Q W i � R Z � _ 1 ' Q W Q Y `3 Q W J � Z 0 0 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES February 1, 2005 Chairman Sacchet called the meeting to order at 7:00 pm. Uli Sacchet, Rich Slagle, Kurt Papke, Steve Lillehaug, Dan Keefe, Debra Larson and Jerry McDonald STAFF PRESENT: Shamteen Al-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. 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 Mime 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. Ame 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 Mime 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. B.J. 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 fust 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.) 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 MnDot 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. • 0 CHANHASSEN PLANNING REGULAR MEETING February 1, 2005 Chairman Sacchet called the meeting to order at 7:00 pm. MEMBERS PRESENT: Uli Sacchet, Rich Slagle, Kurt Papke, Steve Lillehaug, Dan Keefe, Debra Larson and Jerry McDonald STAFF PRESENT: Sharmeen Al-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. THE HORSEPOWER RESTRICTION AT BOAT ACCESS #1 LOCATED IN LAKE M. NNEWASHTA 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? Al -Jaffa If you have the no wake, that basically will mitigate any or at least lessen environmental impacts. Sacchet: Lessen, okay. Alight. 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 first 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. 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 any one 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 any one 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 any one 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? 0 • 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 ruthless 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 of the 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 charnel 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 permit 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 0 0 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 camping. 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 sheriffs 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. 0 0 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 sheriff s 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 of the 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 tune 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 ifyou'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 a • 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 any one 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 of Washta 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 4"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? Ame 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. • Planning Commission Meeting — February 1, 2005 Arne Hed: 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 Hed: 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 Hed: 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 if they'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 Hed: 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. He 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 yachts 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 Hed: 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 0 0 Planning Commission Meeting — February 1, 2005 doing on the lake with big motors, you're going to lose that water. In fact the Minneapolis paper had the Minnewashta as one of the 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. We are 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 tremendous 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 a big 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 V] 0 0 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 tum. 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 0 Planning Commission Meeting — February 1, 2005 0 Keefe: Is it your opinion that people follow the no wake zone when they're back in there? Yeah. And you as a resident. Crary 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 of the 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 tum. 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 of the 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 of the 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 0 0 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 diem'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 may or 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 0 0 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 • Lillehaug: 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 of that 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 terms 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'm just 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 terms 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 0 0 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 redoing 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 fust 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'm just 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 of it's clarity. Hud Hollenback: They've done a heck of a job. 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 meanwhat 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. B.J. Greer: B.J. 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 B.J. Greer: I didn't get a ticket. I did get parking at the fust 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, thank you 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 if there'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 tom but I think I'm leaning towards approval of this and really for the following reasons. You know if 95% 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 off the 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 of those 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 of it'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 0 0 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) of the 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 0). 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 28`h Sacchet: The 28 h. That's accurate, okay. Thank you very much. INTERSECTION. APPLICANT CARVER COUNTY PUBLIC WORKS, PLANNING CASE NO. 05-07. 19 CITY OF CHANHASSEN STAFF REPORT PC DATE: February 1, 2005 CC DATE: February 28, 2005 REVIEW DEADLINE: February 28, 2005 CASE #: 0437 BY: JM PROPOSAL: Amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park, located west of Highway 41, north of Ches-Mar Farm Road and east of Lake Minnewashta. LOCATION: 6731 Hazeltine Blvd. Excelsior, MN 55311 APPLICANT: Carver County Parks 11360 Highway 212 P.O. Box 330 Cologne, MN 55322 PRESENT ZONING: 2020 LAND USE PLAN: ACREAGE: 340 acres RR, Rural Residential District Parks/Open Space DENSITY: N/A SUMMARY OF REQUEST: Carver County Parks is seeking an amendment to their conditional use permit (CUP #75-2) to eliminate the horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a conditional use permit is limited to whether or not the proposed conditional use permit meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the conditional use permit. This is a quasi-judicial decision. Location Map Lake Minnewashta Regional Park Amendment to Conditional Use Permit No. 75-2 City of Chanhassen Planning Case No. 04-37 V Boat Access #1 E Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 2 PROPOSAUSUMMARY @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.017he park is located west of Highway 41 on the eastern shore of Lake Minnewashta. The CUP prohibits the launching of boats with motor sizes greater than 10 horsepower from Access #1. BACKGROUND On November 21, 1977, the City Council approved Conditional Use Permit #75-2 for Lake Minnewashta Regional Park including the following conditions: 4.01. Review and Approval. Detailed development plans within the proposed park shall be submitted to the City for review and comment prior to approval by the County. It is not contemplated that the City shall have approval authority over detailed development plans so long as they are consistent in scope and capacities with the Master Plan, except for appropriate development standards which may be applied to development generally within the City. Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 3 Any development plans not consistent in scope and capacities with the Master Plan shall require an amended conditional use permit. 6.04. Lake Access. Access to Lake Minnewashta through the park shall be limited to non -motorized boats or fishing boats of fifteen (15) horsepower or less. Originally, the park had only one access located at Little Minne Bay (Boat Access #1). This access consisted of 30 car/trailer spaces and restricted access allowing boat motors of 15 horsepower or less. During review of the Minnewashta Regional Park Master Plan in 1982, the Metropolitan Council noted that the 15 horsepower motor restriction placed by the City of Chanhassen on the public access in the park was discriminatory in nature. Furthermore, it was inconsistent with the "Cooperative Program in Providing Public Access Sites on Metropolitan Area Ickes" 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 2°d Access" marked Official Copy. In 1983 there was a public access on the western shore of Lake Minnewashta adjacent to Leach's Resort (since replaced by residential development). The decision was made to close this public access at the time the newly created Boat Access #2 in Lake Minnewashta Regional Park would open. ANALYSIS In 1974-1975, when the plans for Lake Minnewashta Regional Park were first being considered, the City was concerned about the possible effects a public access could have on Little Minne Bay given the shallow and narrow nature of the channel connecting Little Minne Bay to Lake Minnewashta. During dry, low water level conditions this channel becomes extremely shallow. It was thought that boat motors with higher horsepower and larger hulls could negatively impact Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 4 the channel floor. Attached is an aerial photograph created by Mark Hurd Mapping Co. in 1945 showing Lake Minnewashta and Little Minne Bay during extremely dry conditions. Notice the channel is completely void of water. Also attached is an article developed by the Minnesota Lakes Association that describes the possible impacts of motorized watercraft on the lake environment. The DNR approved the establishment of slow -no wake surface zoning within 100 feet of shore, Fin designated areas in Little Minne Bay and Lake Minnewashta. I - I-aar Awitten to L48 Cit B64", 4s stAtAR*-- �l.L (7G.S r`S Ctcrv¢r CJ1r/✓17i%�x�%¢fUaSo -i4 • The "No Wake" restriction eliminates the need for a horsepower restriction in Little Minne Bay. A*Ld 14- j,t-e S baw A,irfl a cr%�✓lc a 14 Ati • 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 tits following Mignesota DNR staff members requesting comment: Kim Elverum Boat & Water Safety Coordinator Julie Ekman Area Hydrologist -West Metro, Central Region 3 Wayne Barstad Regional Environmental Assessment Ecologist None had any issues with the elimination of the horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park;.ho� �.* stated tltq there are lots of wFAoF lilies wA be protected with a "no -wake" zone restriction. jpc 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. ;{� rtk CovnT125 �M4 Z. 7hL ✓tel 4w �aiA�vlOT �o�Afic W4 -del 4C Ct ( ral * #* Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 5 FWm S3 - Chwaaw sketch of baa( finch mid Wkw Core Stxtcn. Id—el 1%. &A—I� ... t>r.1v CL...,..., V.4" 1 Te:k. F4.6../ . ..-. (35 SP.... F .A s' —N.P... Ted Ad'.. SI.. -no X.,.. 1.....1. W" [toe Fj.ou M.- *`£ ti T-A.J P-6: (ta.P...•1 O0-6 A, W.L-d ..•IwLoy \uue T _ fh S P. -.—T.4 IJ"- ... c..... I nq'°a 41, Pe.Pue T -d On January 13, 2005, Carver County held a public information meeting regarding the proposed amendment. Notice of this meeting was mailed to all Lake Minnewashta property owners and was also posted in the Chanhassen Villager. Five lake residents attended the meeting, none of which opposed the lifting of the horsepower restriction. Staff supports the amendment of Conditional Use Permit 75-2 to eliminate the horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park. in regards to the proposed future intensification of Boat Access #1, the City must critically analyze the impact of such intensified use on Little Mime Bay before considering approval of such plans. The following changes will be made to Section 6.04 of Conditional Use Permit No. 75-2: 6.04. Lake Access. A watercraft access to Lake Minnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access is to be lirpited f _ latmeh of ......e_amA Of ten(10he ffiepeWe_or- le..., 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 without hers -..,-f restrietiens having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2°d Access" marked Official Copy." Minnewashta Regional Park S-hwe = t, l'Y' � u e Conditional Use Permit Amendment - Planning Case No. 04-37 , l February 1, 2005 `7 -Efl T/ Page 6 "` Off4V 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 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. NO G0M/VjLk , U It'.' i\"t"Ya f Cbv cw+l W g1plant2004 planning c \04-37 - mi��nne��w��as��htt"a mgimal park 75-2 cup ameudment\staff report 2 d do ¢nv (r& rI &V4t a ( IM9� 70 b&Js �IrJM COx50JiAtK I �'r�rcblcw / r �Aio look ��t reS/kL c�(v/ls 90�~ t k4o L tt'' l4t'nr t, -4vK 1- Mir'✓ll. I I 1�/GM• �S°70 �I-i,•a�T,c.h-(e+KJaTr LG�/<.t I�itnYlt,� I.oNSp�il�aT'o✓j(/ fl�i1�-�O�t��U'tenr�/ Vy UJL*- &LI 0((c0[ wtsej,�05we, �tTTiaq ��vL u101 f�lf.�4tSt (%5G �l'ifii�NG Iw3, Si gr�G�C Ed'SPaA* 4 rl► W& (�tl'1(,' Nln'k wl ibUni�)� aBa t�On ta%ly� CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Carver County Parks for an amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park, west of Highway 41, north of Ches-Mar Farm Road and east of Lake Minnewashta — Planning Case No. 04-37. On February 1, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Carver County Parks for an amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park, west of Highway 41, north of Ches-Mar Farm Road and east of Lake Minnewashta. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential (RR). 2. The property is guided by the Land Use Plan for Park/Open Space. 3. The legal description of the property is: S 1h of NW 1/4 of Section 4; S'/z of Section 4; NE 1/4 of SE 1/4 of Section 5; N'h of NW 1/a of Section 9, Township 116, Range 023. 4. The Planning Commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: OWill 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. Will not be hazardous or disturbing to existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage strictures, 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. WIII have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. OWill not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. GWill be aesthetically compatible with the area k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. 5. The planning report #04-37 conditional use permit amendment dated February 1, 2005, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission approves the amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park. ADOPTED by the Chanhassen Planning Commission on this 1st day of February, 2005. CHANHASSEN PLANNING COMMISSION M. Planning Commission Chairperson gAplan\2004 planning cases\04-37 - minnewashta regional park 75-2 cup a mendment\findings of fact.doc CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952)227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: CPARVr=R l n 1 1 P �s ADDRESS: (( ioi� j� by r . / 2 -2 'Po &j 30 CQI��. Apt,//J5S3�zz-o33c) TELEPHONE (Day Timex 9S'Z-) q -(,0(o — �p6 04-3-7 OWNER: C_aYyYr Ct1urtt j ADDRESS:(oOC-) Z=.nSi- 444K S} - TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit _ Conditional Use Permit prrne rid CvP �7 S— Z. Vacation of Right-of-Way/Easements Interim Use Permit Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review' X Escrow for Filing Fees/Attomey Cost" - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $400 Minor SUB Subdivision' TOTAL FEE $ — 6 — J Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box M_� 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 81/z" X 11" reduced copy for each plan sheet. "Escrow will be required for other applications through the development contract. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: LOCATION: LEGAL DESCRIPTION: TOTAL ACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Se -e ia4- 4-0-CKerl V4e r Signature of Applicant Date Signature of Fee Owner Date Application Received on 9 - Z9 -og Fee Paid AJ 1A_ 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. (;Aplan\fo m \Developm t Review Apprication.DOC CARVER COUNTY Kate Aanenson City of Chanhassen 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 Dear Ms. Aanenson, CARVER COUNTY PARKS 11360 Highway 212 West, PO Box 330 Cologne, MN 55322-0330 Phone (952) 466-5250 Fax (952) 466-5223 www.co.carver.mmustparks Division of Public Works 11360 Hwy. 212 Wast, PO Box 300 Coble. MN 55322-0300 Mcm(952) 4665200 Fax (952) 4665223 RECEIVED SEP 2 9 2004 CITY OF CHANHASSEN Earlier this summer we talked about the horsepower restriction listed in the Lake Minnewashta Regional Park Conditional Use Permit issued by the City of Chanhassen. Since the inception of the conditional use permit the DNR has added "No Wake" restrictions to the bay of Lake Minnewashta where boat access #1 is located. The "No Wake" restriction eliminates the need for a horsepower restriction in the bay of Lake Minnewashta. Additionally, the horsepower restriction is not manageable. Boaters come and go throughout the day with varying motor sizes. A boater will choose one of two parking areas in the park based on availability of a parking stall and not the size of motor. It is not reasonable to enforce a horsepower restriction and keep track of boaters coming and going from two boat accesses and their motor sizes. For these reasons, Carver County Parks requests the conditional use permit be amended to eliminate the horsepower restriction at boat access #1. Enclosed is the proposed Amendment #1 for the Conditional Use Permit for Lake Minnewashta Regional Park Please notify me with any questions or concerns by October 15s, 2004. County Parks r'r'f", I CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT LAKE MINNEWASHTA REGIONAL PARK THIS AGREEMENT, made and entered into by and between the City of Chanhassen, hereinafter referred to as the City, and the Board of Commissioners of Carver County, hereinafter referred to as the County; WITNESSETH, That in the exercise of 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 acknowledged by the parties hereto that under the provisions of M.S. §398.32, no county park lands or waters may be acquired within the limits of any city without the approval by resolution of the govering body of any such city; and it isfurtheracknowledged 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" respectively and incorporated herein by reference. 1.04. General Purpose. The purpose of this forth the terms and conditions governing the the parkland acquisition and the grant of the permit which are conditions precedent to land for the park. Section 2 Park Areas C and D agreement is to set approval by the City of within conditional use acquisition by the County 2.01. Master Plan. In reliance on action taken by the Metropolitan Council o thin Cities and its Physical Development Committee, whereby land area Parcels C and D were incorporated in and made a c part of the Master Plan of the Lake Minnewashta Regional Park, here- inafter referred to as the "Master Plan," the parties hereto acknowledge the necessity oftheacquisition and development by the County of land area Parcels C and -D east of State Trunk Highway #41 for utilization as a natural demonstration and study area. 2.02. Acquisition Funding. The parties hereto acknowledge that Parcels C._and D are integral components of the Master Plan and the acquisition of said parcels is essential to the full development of the regional park. In recognition thereof, the parties mutually agree to employ their best efforts, jointly or severally or in concert with Independent School District No. 276, to.seek funding as expedi- tiously as possible for the acquisition and development of said Parcels C and D through grants from the state and federal governments and the Metropolitan Council of the Twin Cities. Secti.on.3. Schematic Plan. 3.01. Design Capacities. The design capacities as -set forth in Section III, Schematic Plan, of the Master Plan, and the Lake Minne- washta Park Use Calculations of the Subcommittee for Master Planning of the Lake Minnewashta Park, dated May 28, 1975, and attached hereto as Exhibit "C" and incorporated herein by reference, shall constitute the maximum development allowable in said proposed park. Section 4. Development Plans. 4.01. Review and Approval. Detailed development plans_ within the ro osed -- - p p park shall be submitted to the for review and-coioment- �, prior to approval by the County.- It,is'not contemplated that the City shall have approval authority over the detailed development plans so long as they are consistent in scope and capacities with the Master Plan, except for appropriate development standards which may be applied to development generally within the City. Any development plans not consistent in scope and capacities with the Master Plan shall require an amended conditional use permit. 4.02. Trail Connection and Lake Lucy Road Extension. Upon the acquisition of land parcels C and D, appropriate provisions will be made to accommodate the connection of said parcels with the trail system proposed by the City, and if necessary, to permit the extension of Lake Lucy Road westerly to State Trunk Highway #41 over the extreme southern limits of Parcel C. 4.03. Development Schedule. The County does not propose any signi ficant development of the park until funds are available through the grant program of the Metropolitan Council., Between 1978 and 1982, the development activities at the park are proposed to consist essentially of establishing a land stewardship program, development of a primitive lake public access facility, and use of the existing buildings as either a nature center or museum.and park employee residence. -2- 4.04. Land Stewardship Program. The land stewardship program will consist principally of gradually phasing from cultivated land to turf establishment on Parcel E,_establishing a tree nursery, beginning prairie establishment on a portion of Parcel B, providing necessary access control in terms of gate and fencing, controlling noxious weeds, and to the extent feasible, controlling Dutch elm and oak wilt disease. Section 5. Advisory Committee. - 5.01. Advisory Committee. The park is intended to fill the -regional recreation needs of the Chaska, Chanhassen, and Victoria areas in Carver County, which is generally described as Service Area 1 in the County's Park and Open Space System Plan. In order to provide a means of continuing review during the development and operating phases, Carver County shall establish an Advisory Committee for Service Area 1. This Advisory Committee shall consist of two representatives from Chanhassen, one from Chaska, one from Victoria, and one from the County Park Commission. The City representatives will be appointed by the respective City Councils on an. annual basis. The Advisory Committee. shall review the County's development plan and make recommendations to the Carver County Park Commission in regard to such plan. The Advisory Committee shall also monitor park operations in a general way, and shall make recommendations to the County Park Commission in'regard to improvements in operating policies. The Advisory Committee. members shall also keep the City Councils of their respective cities informed of their general activities. They shall also szrve as the conduit of concerns from their respective City Councils to the County. The Advisory Committee shall be established at such time as the County begins preparation of detailed development plans or at the request of the City prior to that time. Section 6. Governing Ordinance, Policing, Fire Protection and Access. 6.01. County Park Ordinance. The Park Ordinance of the County, a copy of which is attached hereto as Exhibit "D", shall regulate the use of the park. The City and the Advisory Committee shall recommend any appropriate amendments to the County Park Ordinance or regulatory County Board Resolutions as the same may be applicable to the park. in addition, all County proposed park ordinance amendments or regulatory resolutions shall be reviewed by the Advisory Committee for its recommendations and comments prior to enactment. 6.02. Policing. Policing of the park shall be the responsibility of the County through its Sheriff's Department at no cost to the City. Any supplementary police services furnished by any future City police department shall be performed only under the terms and conditions of a mutual aid agreement between the City and the County. 6.03. Fire Protection and Emergency Services. Fire protection and emergency rescue services necessitated by land -oriented incidents shall be provided by the Fire Department of the City. Emergency rescue ser- vices necessitated by water -oriented incidents shall be provided by County lifeguards or the County Sheriff's Water Patrol. -3- 6.04. Lake Access. Access to Lake Minnewashta through the park shall be limited to non -motorized boats or fishing boats of fifteen (15) horsepower or less. Section 7. Roads, Water and Sanitary Sewer Services. 7.01. Roads. All roads and trails within the park shall be con- strutted and maintained, including snow plowing, by1he County. 7.02. Water and Sanitary Sewer Services. The County shall provide water and -sanitary sewer systems through on-site facilities approved by the Minnesota State Board of Health and such other state regulatory agencies having regulatory power thereof. When available, said water and sanitary sewer services shall be connected to the City facilities at the expense of the County. All connection charges, Metropolitan Waste Control Commission sewer availability charges (SAC charges)., and - sewer and water usage charges shall be paid by the County to the City at the reasonable and customary then prevailing City rates for. comparable -uses. Except for trunk water and sewer assessments payable as provided in §8.01 hereof, sewer and water charges will not be based on a price structure which assumes a 211 dwelling unit develop- ment, but rather will be based on a comparison of volumes generated by similar residential, commercial, or institutional uses. 7.03. Water and Sanitary Sewer Easements. The County shall provide, consistent with applicable Metropolitan Council.policies and the grant contract for acquisition of the Lake Minnewashta Regional Park between the County and Metropolitan Council, at no cost to the City, such linear water and sewer easements as the City may deem necessary to provide water and sanitary sewer services to the park.and contiguous areas. Said easement alignments shall not be so located as to materially affect the character of the Park. Section 8. Assessments, Taxes, and Costs. 8.01. outstanding Assessments. By resolution adopted October 20, 1975, a copy of which is attached hereto as Exhibit "E", the City levied a total of 211 trunk water and sewer unit assessments against the properties to be acquired for the park. It is a condition to the grant of the within conditional use permit that all of said assessments be paid in full by the County immediately upon its acquisition of said properties. Included within said payment shall be accrued interest computed pursuant to M.S. §429.061. 8.02. Tax Equivalents. In the event the Metropolitan Council of the Twin Cities fails or declines to pay to the City tax equivalents under M.S. §473.341, it is agreed that said tax equivalents shall be paid by the County to the City upon demand. 8.03. 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- I Section.9. General Provisions. 9.01. Indemnification. The County shall indemnify and hold the Cit_)A harmless from liability on account of injury or damages to person or property arising out of the operation of the park facilities. In the event legal action is brought against the City, either solely or jointly with the County, on account of any such injury or damage, the County, on notice to it by the City, shall defend the City in any such. action at the expense of the County. In the event of judgment against the City in any such action, the County shall -pay such judgment and all costs in connection therewith, and hold the City harmless therefrom The County does not agree to indemnify, hold harmless, or defend any action or pay any judgment arising from acts of officials, employees, or agents of the City while in the park. 9.02. Non -Assignment. Neither the within conditional use permit nor the park contemplated hereunder shall be assigned or conveyed by the County without the prior written consent of the City. 9.03. Standards Applicable. The City Council and its Planning Com- mission 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 pursuant to resolution duly adopted, and each party shall file withthe other party a certified copy of the resolution approving the execution of the within agree- ment. Executed this 2,1 day of 166LI 1977, by the City of Chanhassen.. Attest: City Clerk/Manager CITY OF CHANHASSEN By�� MAYOR �— Executed this 6th day of December 1977, by the Board of Commissioners of Carver County. BOARD OF COMMISSIONERS OF CARVER COUNTY Att t: By ? Vice -Chairman County Audit r. -5- BOARD OF COUNTY COMMONERS CARVER CKWFT, AIIINK WA Dote_ December 6, 1977 Resolution No Aretz - Seconded b Commissioner Trende ' Motion by Commissioner Y - Commissioner Aretz moved, seconded by Trende, to _ approve the Conditional Use Permitfor the Lake Minnewashta Regional Park, and authorize the vice-chairman to sign the agreement with Chanhassen. YES Aretz Trende Gnan Ess State of Minnesota NO County of Carver ss U' jt C' appointed , I, vN�ha�ckxAehn�dar aSuly eleoivd, qualified and acting County Auditor for the County of Carver, State of Minnesota, do hereby certify that 1 have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Carver County, Minnesota, at their session held on the 6th day of _ Decenber 19 77 , now on file in my office, and have found the same to be a true and correct copy thereof. Witness my hand and official seal of Chaska, Minnesota, this 31st &V of January, 1978 oa®b Amdno. CITY OF i CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: September 12, 1983 SUBJ: Conditional Use Permit, Lake Minnewashta Regional Park (Formalize Previous Council Action) In August of 1982, Carver County ed that their conditional use permit for the Lake Minnewashta onal Park be amended. The request was processed, public h i held by the Planning Commission, and their recommend io submitted to the City Council. Five changes were be' re ested. Four were minor. The fifth, was a request from a Me politan Council to elimi- nate the existing 15 horsepow regul_ ion for launching boats at the Regional Park. That req st recei d considerable discussion and the City Council acted appoint citizens committee to review the request, consid alternati , and to make recommen- dation. On July 21, 1983, the Wake Minnewashta-Judy Committee presented its recommendations tached). Work of a committee had been extensive and coered numerous options-1Meetings were well attended by r a area. The major thrust of thar the horsepower requirement horse- power and to 'sh an unrestricted access at ano point in the Regional Park ched exhibit). The City Council action was " S t -a ferected to amend the con- ditional use permit by incorporMiNg the recommendations of the Lake Minnewashta Boat Access StCommittee and resubmit it to the Council." Given the time that it expired from, Roger Knutson recommended holding a new hearing. On August 17, the Planning Commission held the second public hearing on this item. No public comments were received. The Planning Commission acted to endorse the recommendation of the Lake Minnewashta Study Committee. Mayor and Council September 12, 1983 Page 2 The recommendations of the Lake Minnewashta Study Committee have been incorporated in the attached amended conditional use permit. The permit also encompasses the four minor changes considered one year ago. Recommendations of the Planning Commission, which do not relate to the conditional use permit itself, are recommended to be approved - but not as a part of the conditional use permit. Specifically, city staff should be instructed to physically close the access adjacent to Leach's when the new access is completed and to insure that the "no wake zone" is designated in accordance with the new Water Surface Usage Ordinance. Regarding the boat access policy, such should be considered by the Planning Commission as a part of their current ordinance revisions. Approval of the amended conditional use permit, as herein attached, is recommended. v�aa.y YL Report Of The Lake Minnewashta Study Committee June 1983 Members: Arnie Hed - Chair Clark Horn John Neveaux Tom Merz Pat Murphy Established: by City Council - August 1982. Charre: To study public access alternatives for Lake Minnewashta Background: 1. City/County Conditional Use Permit for Lake Minnewashta Regional Park has 15 horsepower limit. 2. City's informal access adjacent to Leach's Resort is unrestricted. 3-. Private access (Leach's) is unrestricted. 4. DNR does not recognize any of these 3 accesses as meeting their definition. Therefore, no fish management programs. 5. Metro Council would not approve development master plan or future development funding for Lake Minnewashta Regional Park with the 15 horsepower restriction. Also, affected City's park grant consideration. G. County applied for C.U.P, amendment deleting the.15 horsepower restriction. 7. Park & Recreation Commission recommended approval. B. Planning Commission recommended denial. 9. City Council established this committee to study alternatives. Committee Work: 1. Met with DNR & Metro Council representatives: a. Neither DNR nor Metro Council will use their funds for more shoreline when Regional Park has 2 miles. b. DNR would be amenable to location other than the park•if they did not have to fund land acquisition Attachment #2 d be permanent/ oz aaequate aesign, anu Ly�- pdrudld A.iy u cannot be -.ted from the launching l -:!a by roadway.. Total of 32 to 37 parking spaces must be provided to meet DNR -and Metro Councilrequi.rements. Some of.these spaces could be assigned to the restricted access on Little Minne. 2. Reviewed potential access areas around lake: a. Existing city access adjacent to Leach's Resort: * Developed plan for moving Minnewashta Parkway. * Not economically viable. * Residents object to current use and long term use as access. * Apparently unwilling sellers. b. Leach's Resort: * Development potential of land too valuable for long term use as access. * Extremely expensive to acquire. C. Island at south end of lake north of Hwy. 5: Safety problems with car/trailer.access off and onto Hwy. 5. * Marginal in size and may require fill on island. * Environmentally sensitive around island as spawning_ area. * Fill required would make turn lanes expensive and environmentally harmful. Permits for filling would be difficult to obtain. * Potentially expensive and difficult to acquire. d. Existing neighborhood accesses (street extensions) located in several subdivisions: * Extremely disruptive to established neighborhoods. * Expensive and difficult to provide parking. e. Lake Minnewashta Regional Park (3 potential areas): * Little Minne is environmentally sensitive and should not be the principal -public boat entrance to the lake, access wy.•out seriously disrupting /.'e pianim:u u� of picn. 3 and swimming. Also b at the "end" of the entrance road, it hinders the`,.pL_ational flexibility of the park plan. * The one other remaining area, located in the southern third of the park, may detract from one picnic area, but would not require any extra road work and a launching and parking area could be reasonably designed and permits should be easily obtainable. inclusions: 1. An access meeting DNR requirements is in 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 conflicts on the west side of the lake, and does not meet the definition of public access used by those agencies. 4. Access meeting DNR and Metro Council standards can be obtained within the boundaries of Lake Minnewashta Regional Park with less impact on the community than any other location around the lake. 3ecommendations : Re hereby recommend that the City Council endorse the concept of dual public accesses located within Lake Minnewashta Regional Park. We believe this concept provides the best long term solution to providing reasonable public access to Lake Minnewashta with the least impact to - the community and to the environment; and with minimal impact on the County's plan for the regional park. We recommend that the following specific proposals be adopted as the means of implementing this solution: 1. An additional boat access with no horsepower restriction. will be established in Lake Minnewashta Regional Park as shown in Attachment A. This access will be limited to a maximum of 20 parking spaces. This access should be developed in the spring of 1985 at which time a permanent County -park employee will be resident at the park. 2. 'At such time as the new public access is open, the City should physically close its access adjacent to Leach's Resort. The City should make a policy statement that the closing of a quasi -public access or private access will not constitute a reason or justification to increase public access parking or ctlpacity. This statement could be included within the City's Comprehensive Plan as is proposed for No. 6. 4' 5 0 -114C C11bl.11n) kuuJ'-a� �" "' m Of 15 parking a maxilaum 10 ha ,ower motor size�and .a ru 'I'The Count spaces will be :.. ided to serve that acre Y should be permitted to rent a limited number of canoes for use on. Little Minnie. . The County's master plan be revised to reflect these changes and the City's conditional use permit be amended to reflect these changes. Little Minne should be surface zoned as a "Slow - No Wake" zone. The City should.establish a- firm -policy position regarding all public accesses, such as "the city hereby establishes a. boat access policy and .standard of one (1) parking space for every 20 acres of water surface - such being both a minimum and maximum standard on all City lakes." Further, this policy and standard should be included within the City's Comprehensive plan as well as within a landuse ordinance (water surface or zoning), such requiring a 4/5ths vote to -be modified thus providing reasonable assurarce.of continuity. Planning Commission Minutes August 24, 1983 Page 8 do Public Present Pat .Murphy Mike Liddicoat Arnie Hed t t Carver County Carver County Lake Minnewashta Study Committee Waibel presented the staff report_ indicating that approximately one year ago, the Metropolitan Council and D.N.R. noted opposi- tion to the horsepower restriction on the Minnewashta Regional Park access for reasons that it is discriminatory. The City Council, in recognition that resolution of this matter was needed, created the Lake Minnewashta Boat Access Study Committee to research and recommend on how public access to Lake Minnewashta can be best accommodated. He stated that, as far as Minnewashta Regional Park 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 and they came out and looked at the various options and facilities. I think we examined every possible alternative on Minnewashta. It was our objective from the very beginning to control the density on the lake and also to provide public access use of the lake but not abuse. In the past, the access has been next to Leach's Resort, which is actually a vacated street and was not authorized by the D.N.R. so the D.N.R. did not take care of the lake in the past 12-15 years. The use, as you are probably aware of, on 15 and Minnewashta Parkway, there are sometimes 40 or more cars and trailers. So this poses a high safety problem in Minnewashta Parkway. We looked at some creative ways of solving the problem, by moving Minnewashta Parkway further west. We got the cooperation from the City and the County and they examined that. we had a meeting and perhaps 40 or 50 residents from around the lake attended. We found that it was initally not feasible. The most attractive to, we felt, the city, the resi- dents of the lake, the County, D.N.R., Metro Council, was to utilize some of the existing facilities in the regional park. Planning Commission Minutes August 24, 1983 Page 9 our hooe there was to keep non -motorized craft in Little Minnie Bay and the motorized craft down the shoreline The location for the access is nearly a mile from any residential area. At the time the access would go in, the public access that exists next to Leach's will be automatically closed and that would eliminate any safety problems on Minnewashta Parkway. We anticipate that Leach's Resort, because of economic conditions, will probably not run more than 1-3 years at the most. Currently, Leach's is putting in about 30 boats a day. So if we are lowering the den- sity on that lake for an excess of the D.N.R. safety standards, 30 boats.cominq from Leach's and 25. over at the new park. But when Leach's close, there will be no increase in spaces at the regional park.. we feel that in the long run we willbe 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. Albee moved, seconded by Noziska to close the public hearing, all voted in favor and thermotion carried. Herz moved, seconded by Albee, to recommend that city Council adopt amendment 6.04 to the Conditional Use Permit with the �ollowing addition: "The LakeMinnewashtaPark be the only access on the lake." and the following specific proposals be adopted as the means of implementing this solution: 1. An additional boat access with no horsepower restriction will be established in Lake Minnewashta Regional Park as shown in Attachment A., This access should be developed in the spring of 1985 at which time a permanent County park employee will be resident -at the park 2. At such time as the new public access is open, the City a*e"47d 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 shall be included within the City's Comprehensive Plan as is proposed for No. 6. 3. The existing public access on Little Minnie will be limited to a maximum 10 horsepower motor size and a maximum of 15 parking spaces will be provided to serve that access. The County should be permitted to rent a limited number of canoes for use on Little Minnie. 4. The County's master plan be revised to reflect these changes and the City's conditional use permit be amended to reflect these changes. Planning Commission Minutes August 24, 1983 Page 10 5. Little Miane should be surface zoned as a "Slow - No wake" zone. 6. The City should establish a firm policy position regarding all public accesses, such as."the city hereby establishes a boat access policy and standard of one (1) parking space for every 20 acres of water surface - such being both a minimum and maximum standard on'all City lakes." Further, this policy and standard should be included within the City's Ccmprehens.ive Plan as well as within a land use ordinance (Nater surface or zoning), such requiring a 4/5ths vote to be modified thus providing reasonable assurance of continuity. All voted in favor and the motion carried. ve Land Use P Public Present B.L. Schlender Wanda Squire Paul Schoenecker (I 6400 Emerson, Minneapolis 6400 Emerson, Minneapolis 9450 Lakeland Terrace Waibel summarized that the request was to change the land use designation for the southerly most 23.92 acres of Tract B, RLS 88 from campus business to commercial. haibel stated that staff finds approval of the request may be granted at this time with the anticipation that further land use plan amendments will be forth coming shortly for the lands adjoining the subject property as a result of the Zoning and Subdivision ordinance revisions. He also stated that the existence of large undeveloped areas between this property and areas of planned or existing development presents a situation where a wide variety of well planned land uses can be compatibly 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 8, R.L.S. No. 68 as presented in Planning Case 83-2 Land Use Plan Amdndment. All voted in favor and the motion carried. Also the Planning Commission directed staff to make arrangements for amending the Comprehensive Land Use Plan designation from campus business to commercial for the area east of the property to County Road 17. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED CONDITIONAL USE PERMIT LAKE MINNEWASHTA REGIONAL PARK THIS AGREEMENT, made and entered into by and between the City of Chanhassen, hereinafter referred to as the City, and the Board of Commissioners of Carver County, hereinafter referred to as the County; WITNESSETH, that in the exercise of their powers pursuant to law, and in consideration of the mutual convenants herein con- tained, the City and County recite and agree as follows: Section 1. Recitals. 1.01. State Law and City Zoning Ordinance. It is acknowledged by the parties hereto that under the provisions of M.S. §398.32, no county parklands or waters may be acquired within the limits of any city without the approval by resolution of the governing body of any such city; and it is further acknowledged that under the provisions of the City zoning ordi- nance, parks and recreational areas owned and operated by govern- mental mental units may be allowed within residential zoning districts only upon the securing of a conditional use permit from the City. 1.02. County Park Proposal. The County proposes the acquisition and development of a regional park to be located on the northeast shore of Lake Minnewashta, designating said park as Lake Minnewashta Regional Park (hereinafter referred to as the "park"), and has made application to the City for approval of said acquisition and development and the issuance of a con- ditional use permit. 1.03. Lake Minnewashta Regional Park Master Plan. Except as hereinafter modified or otherwise provided, the Lake Minnewashta Regional Park Master Plan - 1982 Updated - as approved by the County Board of Commissioners on April 13, 1982 forms the basis of this conditional use permit for said County Regional Park. Said Master Plan and approving County motion are attached hereto as Exhibits "A" and "B" respectively and incor- porated herein by reference. 1.04. General Purpose. The purpose of this agreement is to setforth the terms and conditions governing the approval by the City of the parkland acquisition and the grant of the within conditional use permit which are conditions precedent to land acquisition by the County for the park. Section 2. Park Areas C and D. 2.01. Master Plan. Whereas the City, the County, and the Metropolitan Council of the Twin Cities have determined that removal of areas C and D from the Master Plan of the Lake Minnewashta Regiona- park, hereinafter referrer ro 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. 4.01. Review and Approval. Detailed development plans within the proposed park shall be submitted to the City for review and comment prior to approval by the County. It is not con- templated that the City shall have approval authority over the detailed development plans so long as they are consistent in scope and capacities with the Master Plan, except for appropriate development standards which may be applied to development generally within the City. Any development plans not consistent in scope and capacities with the Master Plan shall require an amended conditional use permit. 4.02. Development Schedule. The County does not propose any significant development of the park until funds are available through the grant program.of the Metropolitan Council. Between 1978 and 1982, the development activities at the park are pro- posed to consist essentially of establishing a land stewardship program, development of a primitive lake public access facility, and use of the existing buildings as either a nature center or museum and park employee residence. 4.03. Land Stewardship Program. The land stewardship program will consist principally of gradually phasing from culti- vated land to turf establishment on Parcel E, establishing a tree nursery, beginning prairie establishment on a portion of Parcel B, providing necessary access control in terms of gate and fencing, controlling noxious weeds, and to the extent feasible, controlling Dutch elm and oak wilt disesase. Section 5. Advisory Committee. 5.01. Advisory Committee. The park is intended to fill the regional recreation needs of the Chaska, Chanhassen, and Victoria area in Carver County (as described in Section 4, Local and Regional Recreation Needs Analyses of the Master Plan). In order to provide a means of continuing review during the develop- ment and operating phases, Carver County shall establish an Advisory Committee consisting of two representatives from Chanhassen, one from Chaska, one from Victoria, and one from the -2- County Park Commission. The city representation will be appointed by the respective City Councils on an annual basis. The Advisory Committee shall review the County's development plan and make recommendations to the Carver County Park commission in regard to such plan. The Advisory Committee shall also monitor park operations in a general way, and shall make recommendations to the County Park Commission in regard to improvements in operating policies. The Advisory Committee members shall also keep the City Councils of their respective cities informed of their general activities. They shall also serve as the conduit of concerns from their respective City Councils to the County. Section 6. Governing Ordinance, Policing, Fire Protection and Access. 6.01. County Park Ordinance. The Park Ordinance of the County shall regulate the use of the park. The City and the Advisory Committee shall recommend any appropriate amendments to the County Park Ordinance or regulatory County Board Resolutions as the same may be applicable to the park. In addition, all County proposed park ordinance amendments or regulatory resolu- tions shall be reviewed by the Advisory Committee for its recom- mendations and comments prior to enactment. 6.02. Policing. Policing of the park shall be the responsibility of the County through its Sheriff's Department at no cost to the City. Any supplementary police services furnished by any future City police department shall be performed only under the terms and conditions of a mutual aid agreement the City and the County. 6.03. Fire Protection and Emergency Services_. Fire pro- tection and emergency rescue services necessitated by land - oriented incidents shall be provided by the Fire Department of the City. Emergency rescue services necessitated by water - oriented incidents shall be provided by County lifeguards or the County Sheriff's Water Patrol. 6.04. Lake Access. A watercraft access to Lake Minnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1962 Park Master Plan Update. Said access is to be limited for launch of watercraft of ten (10) horsepower or less and have a capacity of 10 car/trailer spaces. An additional access without horsepower restrictions having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2nd Access" marked Official Copy. Section 7. Roads, Water and Sanitary Sewer Services. 7.01. Roads. All roads and trails within the park shall be constructed and maintained, including snow plowing, by the County. -3- 7.02. Water and Sanitary Sewer Services. The County shall provide water and sanitary sewer systems through on-site facilities approved by the Minnesota State Board of Health and such other state regulatory agencies having regulatory power thereof. When available, said water and sanitary sewer services shall be connected to the City facilities at the expense of the County. All connection charges, Metropolitan Waste Control Comission sewer availability charges (SAC charges), and sewer and water usage charges shall be paid by the County to the City at the reasonable and customary then prevailing City rates for com- parable uses. Except for trunk water and sewer assessments payable as provided in §8.01 hereof, sewer and water charges will not be based on a price structure which assumes a 211 dwelling unit development, but rather will be based on a comparison of volumes generated by similar residential, commercial or institu- tional uses. 7.03. Water and Sanitary Sewer Easements. The County shall provide, consistent with applicable Metropolitan Council policies and the grant contract for acquisition of the Lake Minnewashta Regional Park between the County and Metropolitan County, at no cost to the City, such linear water and sewer ease- ments as the City may deem necessary to provide water and sani- tary sewer services to the park and contiguous areas. Said easement alignments shall not be so located as to materially affect the character of the park. Section 8. Assessments, Taxes and Costs. 8.01. Outstanding Assessments. By resolution adopted October 20, 1975, the City levied a total of 211 trunk water and sewer unit assessments against the properties to be acquired for the park. It is a condition to the grant of the within con- ditional use permit that all of said assessments to be paid in full by the County immediately upon its acquisition of said prop- erties. Included within said payment shall be accrued interest computed pursuant to M.S. §429.061. 8.02. Tax Equivalents. In the event the Metropolitan Council of the Twin Cities fails or declines to pay to the City tax equivalents under M.S. 5473.341, it is agreed that said tax equivalents shall be paid by the County to the City upon demand. 8.03. City Costs. The County agrees to reimburse the City promptly upon invoicing therefor, all resonable and custo- mary costs incurred by the City since the enception of the park concept through the conditional use permit. Eligible costs shall consist of publication and notification expenses, attorney fees, engineering fees, costs in connection with the November 2, 1977 public hearing, and any other reasonable outside direct costs to the City. Section 9. General Provisions. 9.01. Indemnification. The County shall indemnify and hold the City harmless from liability on account of injury or -4- damages to person or property arising out of the operation of the park facilities. In the event legal action is brought against the City, either solely or jointly with the County, on account of any such injury or damage, the County, on notice to it by the City, shall defend the City in any such action at the expense of the County. In the event of judgement against the City in any such action, the County shall pay such judgement and all costs in connection therewith, and hold the City harmless therefrom. The County does not agree to indemnify, hold harmless, or defend any action or pay any judgement arising from acts of officials, employees or agents of the city while in the park. 9.02. Non -Assignment. Neither the within conditional use permit nor the park contemplated hereunder shall be assigned or conveyed by the County without the prior written consent of the City. 9.03. Standards Applicable. The City Council and its Planning Commission have determined that in the grant of the within conditional use permit, the standards of the Chanhassen Zoning Ordinance have been met. 9.04. Execution. Each party warrants and affirms that the within agreement was duly authorized by its respective governing body and executed by its duly authorized officers pur- suant to resolution duly adopted, and each party shall file with the other party a certified copy of the resolution approving the execution of the within aorppmpnt_ Executed this sch day of �(1 �a,Ltfl� , 1984, by the City of Chanhassen. ATTEST: CITY OF CHANHASSEN _ By: '22, 14�;Oa City Clerk Manager Mayor Executed this _qday of L/eceau62l 1984, by the Board of Commissioners of Carver County. ATTEST: BOARD OF COMMISSIONERS OF CARVER COUNTY 4 � 'Z-1 ount xecutive S retary By\ -5- YOUR VOICE TO PROTECT AND ENHANCE MNNEsoTA s LAKES AND RVERS MARCH/Apra. 2001 VOWME 5. No. 2 THE IMPACTS OF MOTORIZED WATERCRAFT ON THE LAKEENVIRONMENT Leisurely boating around the lake on a warm summer afternoon, cruising after supper to watch the sunset over the lake, fishing in the quiet of the early moming, or watching the grandchfldneds delight in being pulled around the lake on a water tube or skits are just a few of the pleasures that motorboating brings to hundreds of thousands of people in Minnesota each year. Yet, as the number of motorized boats on Minnesotis lakes continues to increase, questions arise about the potential Impacts these boats have on the lake environment These Impacts can be on water clarity, shoreline erosion, plant communities, fish, wildlife, water quality deterioration, and human enjoyment (air quality, peace and quiet, safety and crowding). And, the Increasing development of lakes and rivers leads to increased boat activity, especially In areas that have not been traditionally used for recreation. How aright more and more motorized boats affect ora lakes? The rest of this aru- Increased numbers of motorized boats in Minnesota Cie attempts to answer the question through a summary of fundings from the recently completed study, "The Effects of Motorized Watercraft on Aquatic Ecosystems by Thnothy Asplund, Wisconsin Depattment 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 watercraR conlintied on page 6 According to boat statistics provided by Kim Elverurn, boating coordinator, Minnesota Department of Natural Resources. in the last 20 years there has been a 28 percent increase in registered motorboats, and boats am larger in size. There Is also a significant increase In the number of personal watercraft (PWC). Between 1980 and 2000: • the number of motorboats less than 16 feet decreased by almost 20 percent, from 296,969 to 241,986 boats, • the number of motorboats 16 feet to less than 26 feet increased by almost 125 percent, from 145,000 to 323,000 registered boats, • the number of motorboats 26 feet and over increased by 63 percent, from 4,367 to 7,138; • PWC increased by five fold (537%) from 6,298 registered in 1990 to 33,883 registered in 2000; • The total nurnber of registered motorboats Increased 28 per -cent, while boats of all types htcneased 40 percent to a total of 812,247 regts- tered boats of all types In Minnesota in 2000. Sharing some of his experiences from 27 years with the DNR, Blvermn said the increase in motorboats from 16 feet to less than 26 feet comms mostly In the 16-m-19 foot range. The largest growth in this category is probably aluminum outboard fishing boats, as more anglers trailer their own craft from lake to lake. The nattier of 17 -to -19 foot fiber- glass runabouts has also mcreasM—both outboarl and Inboard - outboard drives. The rate of increase in personal watercraft registrations dropped off after it peaked in 1995, while there has been an increase in kayak registration, both river and sea types, over the last 10 years. "Minnesota's Increases are not unlike the national trend," said Elverum. "Although, surprisingly, from 1980 to 1999, Minnesotis 36 percent overall increase in boat registrations was 13 percent below the overall national increase in boat registrations of 49 percent." Page 1 STATE OF MINNESOTA COUNTY OF CARVER CERTIFICATION ) ss ' -- - - DocuMENT No. 6SS28 OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER This is. to certify that this document was filed in this office on the c3A * day of Q oe-, 14RNA.D, at$3Qo clock --P- M. and was duly recorded in Book %l of VYlfrn.. page N19 -L1 -a4 2 my Recorder by I, Karen J. Engelhardt, duly appointed, qualified and acting Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of the amended Conditional .Use Permit for Lake Minnewashta Regional Park with the original copy, now on file in my office, and have found - the same to be a true and correct copy thereof and as approved by the City Council. Witness my hand and official seal at Chanhassen, Minnesota, this 19th day of December 1984 4Kan J E ge rdt, Deputy Clerk `A.�#4 -- �� r ." . 4 �a w: a How can motorized boats affect lakes? (continued from page 1) to the water column. These added chemicals can affect the pH and dissolved oxygen of the lake, which in turn can Influence the type and abun- dance of fish. A certain amount of the fuel that enters into a motor is discharged Boats Interact with the aquatic unburned and ends up in the water. ecosystem—defined as the lake Two stroke engines, which make up community of plants and animals and the vast majority of boat motors, are the physiml and chemical environment particularly inefficient. On average, 25 in which they exist—by a variety of to 30 percent of the boats fuel may mechanises. These can Include emir- pass into the water column. Other siors and exhaust, propeller contact, concems include lowered oxygen levels turbulence from the propulsion system, due to carbon monoxide inputs, and waves produced by movement, noise, spills or leaks associated with the and movement Itself. In tum, these transfer of gasoline near the lake. impacting mechanisms may have Plant Communities multiple effects on the aquatic ecosys- Boats impact plant communities tem. Sediment resuspension, water pollution, dstufiance of fish and (m tact with t either deer anly, through contact with the propeller and boat wildlife, destruction of aquatic plants, hull, or indirectly through turbidity and shoreline erosion are the major areas of impact 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 spedes, such as Eurasian water- milfoll from one lake to another. Water clarity Propellers may disturb the lake bottom directly, or indlrecUy 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 muse nutrients that are stored In the sediments, such as phos- phorus, to become available for algal growth. Waves created by watercraft may contribute to shoreline erosion, which can cloud the water and decrease water clarity. Water clarity is important bemuse 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 melds (lead, cadmium, mercury), nutrients (phos- phors, nitrates) and hydrocarbons (methane, gasoline, ofi-based products) Aquatic plants perform many important ecosystem functions, indud- ing habitat for fish, wildlife, and minute invertebrate animals that are important to the food chain. Plants also stabilize the lake -bottom sedi- ments, protect shorelines by providing a butter between the shoreline and open water, cycle nutrients in the water to maintain water clarity, and are food for many organisms. Shoreline erosion Boat wakes create waves that can lead to shoreline erosion, especially in areas where shoreline vegetation has been removed or the bank Is compacted. Wave height and other wave charac- teristics vary with speed, type of water- craft, engine size, and distance from shore. Propeller turbulence from boats operating In near -shore areas may erode shorelines by destabilizing the bottom. Shoreline erosion may affect water clarity in near -shore areas, shading submerged aquatic plants as well as providing nutrients for algal growth. It can interfere with fish use of shallow water habitat, as well as wildlife use of the land -water edge. Excessive shoreline erosion can negatively affect property values and can be expensive to Prevent Fish Direct contact of boats or propellers may be a source of mortality for certai fish species, such as carp, and pollution from exhaust or spills may be toxic some fish. Boating can also disturb ffs'. nesting, spawning, or feeding areas. Increased water turbidity mused by boats may Interfere with sight -based feeding, and waves or propeller damage can affect population levels through habitat alternation. Fish are an hnportant part of the food web. The presence or absence of individual species, as well as overall fish numbers, can be an indicator of ecosys- tem health. Plus, fisheries are an Impor- tant resource for food and recreation. Any human activity that affects water quality and habitat has the potential to affect fish populations. continued on page 7 Page 6 RETURN TO PAGE 1 Nbtarized V403x aft Gbriirzred frcm?Mr 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- ductivesuaess. Noise or harassment may cause loons and other wildlife to vacate nests, leaving the eggs or young vulnerable to predators. Indirect effects may include the destruction of habitat or food sources in the shallow areas, or Impaired water quality. Summary While the effects of boats on aquatic systems are complex and depend on a number of factors, a few general obser- vations can be made. First, the physical effects of propeller, waves, and turbulence appear to be more of an issue than engine fuel discharge. Water clarity, aquatic plant disturbance, and shoreline erosion are all serious issues that can be accelerated by boat traffic. Second most of the impacts of boats are felt directly in shallow waters (less than 10 feet deep) and along the shoreline of lakes and rivers not exposed to high winds (less than 1000 feet of open water). Third, these effects can have reper- cussions for other features of the aquatic ecosystem, including the fish and wildlife community and nutrient status. new observations all Indicate that the most important area of a lake to protect is the shallow water, near - shore habitat known as the littoral zone. Boats that operate in deep wate with large surface areas are not likely, to be impacting the aquatic ecosystem. There are still a number of unknowns regarding motorboat impacts on aquatic systems. Most of the studies in the Wisconsin report focus on the short-term or acute impacts of boat activity. It Is still not clear what role boats can Play in the long-term changes of a water body, i.e. changes in the plant community, over- all water quality, or fish and wildlife use. Many other factors influence these same features and may have changed along with the increased boat activity. What can we do? 1. Establish No -Wake Zones. Given that most impacts of boats are exhibited in shallow -water, near -shore areas, protecting these areas with no - wake zones would be the most effective way of inducing impacts. No -wake zones have a dual benefit of both slow- ing boats down and directing traffic elsewhere. Extending a no -wake zone to 200 or even 300 feet has the most potential to protect the littoral zone and help reduce shoreline erosion. 2. Establish Restricted Areas. In some cases, protection of aquatic resources may require restricting all boat activity, not Jus. speed. Boats can still disturb plants, sediments, and wildlife at no -wake speeds. To adequately protect waterbinl feeding and nesting areas, a 'buffer woe of at least 300 feet has been suggested, In which all human activity is restricted. 3. Enforcement and Education. Many of the environmental problems associated with boat activity could be resolved with better enforcement of existing ordinances or regulations and by promoting awareness among boaters. Slow -no -wake zones are often ignored, or the impacts of boats are misunderstood. It Is also important to inform boaters about the Importance of plants, littoral zones, and natural shore- lines and how their activities may affect the aquatic ecosystem. 4. New Boat Technology. All two- stroke engine manufacturers, including traditional outboard motors and PWCs, must reduce air emissions by 75 percent by the year 2025. Most manufacturers have already introduced cleaner burning two-stroke motors for both motorboats and PWCs. Four-stroke engines, which use fuel more efficiently, Produce cleaner exhaust, and nun more quietly than traditional two-stroke engines, are becoming much more common. For none information, see the full w. report at httpY1Wwrdirstate.wi.us/oW water1fl0 apeMaks pdf MacFaanisms of Impact rn:+sion, r+waeew wawa d Fil�a,n1 NW WM+n TWgtlana a,M WaRa Noise Mme„n,n w, a..xi ImNn d�.>k�l wwN w+ar wK pmmu) sr,uei:n ewN, u m W tpM i rM 0"M �1 rs Nunes Ninr� by Por. reed TMarMaaMlerj Shaded areas indicate where "mecnanrsms ria•= - Page Page 7 RETURN TO PAGE 1 The boat launch under the new master plan would remain in the same location as the existing boat launch # 1. The existing drives and parking areas are used to the extent possible for development of new use launch facilities. LAKE MINNEWASHTA REGIONAL PARK MASTER PLAN Figure 5.3 on the next page provides a character sketch of the boat launch and Visitor Contact Station area. As illustrated, the existing drives and parking areas are used to the extent possible for development of new boat launch facilities. This design approach also spreads out the parking lot so that it is a less imposing facility. As previously defined, a total of 35 vehicle/trailer parking spaces will be provided, which equals the capacity of the park's two existing launches. The small, informal picnic area/outdoor classroom overlooking the bay would be retained for boaters, trail users, and interpretive programs. As figure 5.3 illustrates, the boat launch includes two side-by-side ramps to increase its efficiency. Input from local boaters and the MNDNR should solicited when the launch is developed to ensure that all functional issues are appropriately addressed. SECTION V - DEVELOPMENT MASTER PLAN Aerial (looking north) illustrating the existing boat launch # 1, which will be be The parking lot for the launch would be paved with asphalt with some form of curbing to control vehicles and minimize maintenance. Stormwater runoff from the parking area would be managed in an ecologically -sound manner in keeping with the ecologically sustainable philosophy of the park. Aside from the ramp and associated parking, the amenities to support the boat launch facility are purposefully simple and limited. This includes convenient trails to connect each parking area to the boat launch. As illustrated in figure 5.3, boardwalks may be needed to traverse a small lowland area. A small picnic shelter with a couple of picnic tables is also shown near the boat launch. If the boat launch is developed before the Visitor Contact Station, this location could be used for pit toilets on an interim basis. Boarding docks along the side of the boat launch are also provided to ease the trailering operation. These would be wood decked and similar in design to the boardwalks. A pull -off area near the boat launch for removing weeds from boats and trailers would be provided as well. 5.6' Aerial (looking north) illustrating the existing roadway on the east side of the photo that will be transitioned to a multipurpose trail. Boat Launch Facilities It was determined that consolidation of the two existing boat launches into one convenient location achieves a number of important objectives. I AKF MINNFWACHTA PFr.In AIAI oA.v AAAcrco o. Aa The park drive would be designed to be 22' wide with a rural cross-section. Asphalt pavement is proposed to control dust, reduce wash -boarding, avoid mud and erosion, and minimize ongoing maintenance costs - all of which have been ongoing concerns given the extensive use of the road. As illustrated in figure 5.1, there is one section of existing roadway that will be eliminated to avoid redundancies in roadway infrastructure. Once eliminated, the existing roadbed will be used for a new paved trail corridor as shown on the Master Plan graphic and defined later in this section. acl 11V11 V - v1111 ........ ... ......... .. Figure 5.2 - Character sketch of entrance redesign. T. U.. P..h.a B.A T. Opm Up P&A IJ...ul Wer, Of PmL E. E:bnAra N.Uv. WiNQwnr D{.plq r. Improv. A..Ih.Uw & h6nlify Pm6 Om.m.nl.l F..w T. Am..l E.t..m L.— A.1 .—And C..t I Aca.- M.in P..L E.t.... sip -9. r Arora Looe E.t nc. T.— L... Om. ntd r. T. A....t E.tuw "ti.. And C..wl Ar.... E.I.n. . N.U,. Wdaflo..r Di,,], To Improv. A..,hok. & Iao..tify P.r4 Id..tiD�tl.. 6y.y. Much of the public discussion about the park's development centered around the optimal location for the boat launch. After consideration of a number of options, it was determined that consolidating the two existing boat launches into one convenient location achieves a number of important objectives, including: • Reducing the need for boaters to travel to different areas of the park to determine if a space is available. • Reducing the extent to which vehicles with trailers will have to travel through the park to get to a boat launch facility. • Consolidating all parking spaces into a location that can be more readily observed from the Visitor Contact Station. Reducing the maintenance cost associated with maintaining two instead of one boat launch. Providing an opportunity to use the area of the second boat launch for an alternative use. Ensuring that there will be adequate water depth to launch boats during lower water cycles. Providing a greater level of protection from the wind during launching operations. Although consolidation of the two launches to the proposed location introduces more boat traffic into the bay area, the advantages of this location ultimately outweighed the other options being considered. By limiting vehicle/trailer parking to 35 spaces, it is anticipated that increased boat traffic in the bay will be manageable. The small picnic area (as shown in figure 5.3) will be retained. A temporary stopping lane is also provided along the park drive in front of the Contact Station to allow vehicles with and without boat trailers to stop. SECTION V - DEVELOPMENT MASTER PLAN A temporary stopping lane is also provided along the park drive in front of the Contact Station to allow vehicles with and without boat trailers to stop. This lane also provides an area for vehicles with trailers to temporarily stack while waiting for a parking space to open up. In busier times, stacking could also occur within the boat launch parking lot, assuming that the attendant can adequately monitor and control use of the launch facility. The extent to which space is required for stacking either along the road or within the parking lot will require additional design consideration at the time of development, with a greater level of input from parks staff and boaters. Irma �" Vi.lfor C..e.q sbti.. / Tr."..d P.e" (20 .p....) O...t..lanp W.d.nd Vi.ibr c.. • 5l 8.. VE,hor T..ep.nry P•.t.i.p tan. P.p... Tr.d I AKF MINNFWACHTA RF0nNA1 PARK MACTFR PI AN --_ .S.7 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on January 20, 2005, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached Notice of Public Hearing on Proposed CUP Amendment to Boat Access #1 at Lake Minnewashta Regional Park — Planning Case No. 04-37 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this" day of, 2005. _ 1 _ Notary Kaz J. Enge art, Dep Clerk "'I.="MT�M ta_ zoto gAplan0004 planning case04-37 - mimex hta regional park 75-2 cup aniendment\04-37 ph notice affidavit of mailing.doc suwWA Notice of Public Hearing Notice of Public Hearing Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 1, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for amendment to Conditional Use Permit No. 75-2 to Proposal: eliminate the horsepower restriction at Boat Access #1 Planning File: 04.37 Applicant: Carver County Parks Property Lake Minnewashta Regional Park Location: I A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer, Planner I at 952 -227 - Questions & 1132 or e-mail imetzerOci.chanhassen.mn.us. If you choose Comments: to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at htta://206.10.76.6/weblInk the Thursday prior to the Planning Commission meeting. city Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public healing before the Planning Commission. City ordinances require all properly within 500 feet of the subject site to be notified of the application In writing. Any interested party Is invited to attend the meeting. • Staff prepares a report on the subject application that includes ail pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersontrepresentative Is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Stall is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council, If you wish to have something to be included in the report, lease contact the PlannIno Stall person named on the notification. Date & Time: Tuesday, February 1 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for amendment to Conditional Use Permit No. 75-2 to Proposal: eliminate the horsepower restriction at Boat Access #1 Planning File: 04.37 Applicant: Carver County Parks Property Lake Minnewashta Regional Park Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing Is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227.1132 or e - Questions & mail imetzer®ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at htto://206.10.76.6twoblInk the Thursday rior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any Interested party is invited to amend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation 10 the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaUindustrlal, • Minnesota state Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff Is also available to review the project with any Interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included In the report to the City Council. If you wish to have somethina to be Included In the report, lease contact the Planning Stall person named on the notHlcamon. a. is map is neither a legally recorded map nor a survey and is not intended to be used as one. is rnap is a compilation of records, infomation and data located in various city, county, slate and lerel offices and other sources regarding the area shown, and is b be used for reference rposes only. The Gly does not w2rranl Nat the Geogapie arts rrtstion System (GIS) Data used prepare fis map are error free, and the City does not represent that the GIS Data ran be used navigational, tradong or any other purpose requiring enacting nxeasuremenl Of dsfance or ection or precision in the depiction of geographic features. H ermas or discrepancies are found ,ase contact 952-227-1107. Tire preceding disclaimer Is provided pursuant to Minnesota ahnee §466.3, Subd. 21 (2000). and the user of this rmp acknovAedges Nal the City shall rat liable fn any darmges, and e>mresdy waives ad darns, aed agrees to defend, indannily, and - Id han less Ne City from any and ad clakns brought by User, its employees or agents, or Mild .. ries which arise all of the users access or use of data provided. lisclaimer is map is neither a legally recorded map nor a survey and is not intended to be used as one. is rnap is a corrodation of records, Incarnation and data locatetl in various city, county, stale and Werdl Offices and otter comes; regarding the area shown, and m to be used for relmonce ugosas only. The City does not warrant tel the Geogapic Infomration System (GIS) Data used x prepare this rnap are error free, and the City does not represent that the GIS Data can be used w navigabmal, traclo g or any offer purpose requiring exacting rtreasruemenl of distance or irecdon or precision in Ne depc4pn of gaograph c leahaes 0 errors ar discrepancies are lamd lease Contact 952-227-1107. The preceding disdaner is provided pursuanA to kSmesola taules §466.03. Subd. 21 (2000), and Ne user of tis map adunvAedges that fns City shell rml e dada for any damages, and expressly, varves aU darns. and agrees to defend, index nity. and old hamiess the City horn any and all darts brought by User. its employees or agents, air Mind aides which rise out of the uufs access or use to data pmv)ded �`1 `'� ABRAHAM & DOROTHY ABBARIAO 3750 ARBORETUM BLVD PO BOX 26 CHANHASSEN MN 55317 MARK E AMBROSEN & ANN C SENN 3830 MAPLE SHORES DR EXCELSIOR MN 55331 ESTATE OF HARRYILOUISE AHRENS THOMAS & MARY ALLENBURG C/O JERRY TESCHENDORF 6621 MINNEWASHTA PKY 14010 CENTER DR W EXCELSIOR MN 55331 LAKEWOOD CO 80228 DOUGLAS B & JAMIE ANDERSON 3607 RED CEDAR POINT RD EXCELSIOR MN 55331 LEE ANDERSON LEE R ANDERSON PLEASANT ACRES HOME OWNERS TRUSTEE OF TRUST 6651 MINNEWASHTA PKY 6651 MINNEWASHTA PKY EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHARLES F & VICKI L ANDING 6601 MINNEWASHTA PKY EXCELSIOR MN 55331 HENRY & DOLORES A ARNESON TRUSTEES OF TRUST 13791 TONBRIDGE CT BONITA SPRINGS FL 34135 DEAN J & JILL R BARTA 3837 RED CEDAR POINT RD EXCELSIOR MN 55331 DOUGLAS M & JODI B BERG 3471 SHORE DR EXCELSIOR MN 55331 JAMES R & SHERYL A BJORK 3900 LONE CEDAR CIR CHASKA MN 55318 BOYER BUILDING CORP 3435 CO RD 101 MINNETONKA MN 55345 MARIANNE I & RICHARD B ANDING TRUSTEES OF TRUST 3715 SOUTH CEDAR EXCELSIOR MN 55331 MARY JO ANDING BANGASSER 8321 VIEW LN EDEN PRAIRIE MN 55347 JOHN P BAUMTROG & ILENE M LEISTER 3738 HICKORY RD EXCELSIOR MN 55331 RICHARD A & JUDITH F BERLAND 6900 MINNEWASHTA PKY EXCELSIOR MN 55331 GREGORY BOHRER 3706 HICKORY RD EXCELSIOR MN 55331 BOYER LK MINNEWASHTA HOMEOWNER C/O BOYER BUILDING CORP 3435 CO RD 101 MINNETONKA MN 55345 HAZEL P ANDERSON & DARYLD ANDERSON 2851 WASHTA BAY RD EXCELSIOR MN 55331 MICHAEL DEAN ANDERSON 7140 HAZELTINE BLVD EXCELSIOR MN 55331 RICHARD B & MARIANNE F ANDING 3715 SOUTH CEDAR EXCELSIOR MN 55331 DOUGLAS J & CAROLYN A BARINSKY 3719 SOUTH CEDAR EXCELSIOR MN 55331 EVELYN Y BEGLEY 3701 SOUTH CEDAR EXCELSIOR MN 55331 MARTIN & JANET L BEUKHOF 3451 SHORE DR EXCELSIOR MN 55331 FRANCES T BORCHART 7331 MINNEWASHTA PKY EXCELSIOR MN 55331 JAMES & RUTH A BOYLAN 6760 MINNEWASHTA PKY EXCELSIOR MN 55331 PETER T & DEANNA O BRANDT WILLIAM C & JUDITH L BRITT SCOTT A BROIN & 7570 DOGWOOD RD 6460 TANAGERS PT SHARON L PAULSON EXCELSIOR MN 55331 EXCELSIOR MN 55331 3840 LONE CEDAR CIR CHASKA MN 55318 ROBERT E BRUERS RODNEY & GINGER B CLARKSON WILLIAM P & MARGARET COLDWELL 7054 RED CEDAR CV 3894 LONE CEDAR CIR 3501 SHORE DR EXCELSIOR MN 55331 CHASKA MN 55318 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 C/O JOHN GETSCH 5404 GLENGARRY PKY EDINA MN 55436 STEPHEN M GUNTHER & HELEN KATZ-GUNTHER 3628 HICKORY RD EXCELSIOR MN 55331 GETSCH CORP C/O DANIEL GETSCH 1069 DORLAND RD S MAPLEWOOD MN 55119 ALAN H & KAREN L DIRKS 7431 DOGWOOD EXCELSIOR MN 55331 STEVEN D & JUDY L EMMINGS 6350 GREENBRIAR EXCELSIOR MN 55331 JOHN & JOYCE FOLEY C/O 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 JEROME E COVENY 2921 WASHTA BAY RD EXCELSIOR MN 55331 BIRUTA M DUNDURS 3627 RED CEDAR POINT RD EXCELSIOR MN 55331 KEVIN T & MAUREEN S FARRELL 6541 MINNEWASHTA PKY EXCELSIOR MN 55331 KENT J & JULIE A FORSS 3850 MAPLE SHORES DR EXCELSIOR MN 55331 SCOTT P & LAURIE A GAUER 3820 LONE CEDAR LN CHASKA MN 55318 GETSCH CORP C/O MARJORIE GETSCH 7530 DOGWOOD RD EXCELSIOR MN 55331 JAMES O JR & CHRISTAN GINTHER 3611 IRONWOOD RD EXCELSIOR MN 55331 WAYNE S HAGEN 3421 SHORE DR EXCELSIOR MN 55331 MICHAEL A SR & TONI L HALLEEN ANNALEE MARIE HANSON RICHARD A & DARLENE J HANSON MICHAEL JR & STEPHANIE HALLEEN TRUSTEE OF TRUST 7750 CRIMSON BAY RD 3351 SHORE DR 6400 GREENBRIAR EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHASKA MN 55318 STEVEN P & LAURIE A HANSON JONATHAN D & KRISTI K HARRIS WILLIAM R HAUGH 25 CAMPBELL DR 3241 DARTMOUTH DR 3727 SOUTH CEDAR iOPKINS MN 55343 EXCELSIOR MN 55331 EXCELSIOR MN 55331 CATHRYN B HAWORTH TRUSTEE OF TRUST '044 RED CEDAR CV XCELSIOR MN 55331 :'ATRICIA J HEGMAN 3311 SHORE DR XCELSIOR 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 DANALJOHNSON 6671 MINNEWASHTA PKY EXCELSIOR MN 55331 TERRANCE M & PAMELA JOHNSON 3898 LONE CEDAR LN CHASKA MN 55318 DAVID R BARBARA M HEADLA 6870 MINNEWASHTA PKY EXCELSIOR MN 55331 RICKY A & TOMASA HELLING 11983 NORTH 135TH WAY SCOTTSDALE AZ 85259 CAROLHERGOTT 7098 RED CEDAR CV EXCELSIOR MN 55331 KEVIN R & MARY E HOFFMAN 6631 MINNEWASHTA PKY EXCELSIOR MN 55331 BRUCE J & JEANNINE T HUBBARD 2841 WASHTA BAY RD EXCELSIOR MN 55331 GREGG R & GAY MARIE JANDRO 3896 LONE CEDAR LN CHASKA MN 55318 JEFFREY L & MICHELLE A JOHNSON 3705 SOUTH CEDAR EXCELSIOR MN 55331 THOMAS C & JACQUELINE JOHNSON 3637 SOUTH CEDAR EXCELSIOR MN 55331 ARNOLD & CAROL M HED 3860 LONE CEDAR CIR CHASKA MN 55318 JILL D HEMPEL 3707 SOUTH CEDAR EXCELSIOR MN 55331 DAVID C & DONNA B HOELKE 3621 IRONWOOD RD EXCELSIOR MN 55331 HOLZER TRUST 2003 C/O WAYNE A HOLZER 2911 WASHTA BAY RD EXCELSIOR MN 55331 WILLIAM D & DEBRA J HUMPHRIES 3890 LONE CEDAR CIR CHASKA MN 55318 WAYNE A JESKE 7096 RED CEDAR CV EXCELSIOR MN 55331 LINDA L JOHNSON 3629 RED CEDAR POINT RD EXCELSIOR MN 55331 PAUL R & MARY K JOHNSTON 6485 TANAGERS PT EXCELSIOR MN 55331 L MARTIN & DONNA R JONES ROBERT M & PATRICIA A JOSEPH JOSEPH H & GEORGIA G KANDIKO TRUSTEES OF TRUSTS 6701 MINNEWASHTA PKY 3870 MAPLE SHORES DR 7321 DOGWOOD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JEFFREY W & TERESA P KERTSON STEVEN E & MARSHA E KEUSEMAN JOANNE T KIMBLE & 6810 MINNEWASHTA PKY 3622 RED CEDAR POINT RD MELVIN A KIMBLE EXCELSIOR MN 55331 EXCELSIOR MN 55331 7058 RED CEDAR CV EXCELSIOR MN 55331 MARIA P KNIGHT ROBERT F & SANDRA K LAPRADE FRITZ WILMER LARSON & LAAG NIEUWKOOP 28 6470 TANAGERS PT MARILYN E LARSON 3628 GC KOCKENGEN EXCELSIOR MN 55331 7380 MINNEWASHTA PKY EXCELSIOR MN 55331 JEAN D LARSON WILMER & MARILYN LARSON DONALD D & COLLEEN K LINKE 3609 RED CEDAR POINT RD 7380 MINNEWASHTA PKY 7301 MINNEWASHTA PKY EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JAMES F & DOLORES LIPE DOUGLAS D LIVINGSTON DEBORAH S LOCKHART & 3880 LONE CEDAR LN 3331 SHORE DR DIANE LEESON ANDING CHASKA MN 55318 EXCELSIOR MN 55331 3618 RED CEDAR POINT RD EXCELSIOR MN 55331 THOMAS R & KAREN C LONDO CHRISTINE J LUDTKE RICHARD C LUNDELL 3764 LANDINGS DR 6480 TANAGERS PT 7341 DOGWOOD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JESSICA BELLE LYMAN THOMAS E LYONS JOHN D & SARAH H MANEY 3603 RED CEDAR POINT RD 2931 WASHTA BAY RD 7078 RED CEDAR CV EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 STEPHEN C & KAREN A MARTIN WILLIAM & JEAN M MCDANIEL JOHN B MCKELLIP 3211 DARTMOUTH DR 3341 SHORE DR 21020 RADISSON RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 THOMAS JOSEPH RZ MINNEWASHTA CREEK HOMEOWNERS MINNEWASHTA HEIGHTS ASSN 3201 DARTMOUTH DR D C/O NANCY NARK C/O C/O JOHN WARREN, TREAS EXCELSIOR MN 55331 CRR 6340 ELM TREE AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 C/O PATRICIASHORES INC PAUL M & MARJORIE A MODELL JAMES & PATRICIA A MOORE 634 PATICIA CRANE 3441 SHORE DR 3630 HICKORY RD 6341 CYPRESS 5 EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 BENNETT J & SHARON M MORGAN MICHAEL & SUSAN L MORGAN WILLARD E MORTON 3920 WHITE OAK LN 3734 HICKORY RD 7024 RED CEDAR CV EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 MPLS COUNCIL OF CAMPFIRE GARY A & KATHLEEN A MUSGJERD WILLIAM O & STEPHANIE NAEGELE GIRLS 6420 TANAGERS PT 3301 SHORE DR 640 GRANT ST E MINNEAPOLIS MN 55404 EXCELSIOR MN 55331 EXCELSIOR MN 55331 TIMOTHY J NELSON & DANA E COOKE 3724 HICKORY RD EXCELSIOR MN 55331 CHARLES & JENNIFER NEWELL 7550 DOGWOOD RD EXCELSIOR MN 55331 CRAIG D & JANIE S NORBY 7351 MINNEWASHTA PKY EXCELSIOR MN 55331 OLIVEWOOD HOMEOWNERS ASSN C/O BRIAN FALK 6475 TANAGERS PT EXCELSIOR MN 55331 KRISTEN L ORTLIP 2831 WASHTA BAY RD EXCELSIOR MN 55331 PEMTOM COMPANY 7597 ANAGRAM DR EDEN PRAIRIE MN 55344 VERNA ARLENE PETERJOHN 3892 LONE CEDAR LN CHASKA MN 55318 PETER J & KARRI J PLUCINAK 3631 SOUTH CEDAR EXCELSIOR MN 55331 PAUL V & ALYSSA S NESS 3732 LANDINGS DR EXCELSIOR MN 55331 DONALD M NICHOLSON 2901 WASHTA BAY RD EXCELSIOR MN 55331 TIMOTHY M & MARY K O'CONNOR 3748 LANDINGS DR EXCELSIOR MN 55331 MARK A & YOMARIE OLSEN 2961 WASHTA BAY CT EXCELSIOR MN 55331 ROBERT C & ANN OSBORNE 3815 RED CEDAR POINT RD EXCELSIOR MN 55331 DAVID & SALLY PETERJOHN 3921 HAWTHORNE CIR EXCELSIOR MN 55331 GARY PETERSON 1769 20TH AVE NW NEW BRIGHTON MN CHARLES & JENNIFER NEWELL 7550 DOGWOOD RD EXCELSIOR MN 55331 GREGORY A & ROBIN M NIEMANN 3231 DARTMOUTH DR EXCELSIOR MN 55331 ROGER W OAS 7301 DOGWOOD EXCELSIOR MN 55331 ROB M & CALI L OLSON 7700 CRIMSON BAY RD CHASKA MN 55318 JEFFREY J & DEBRA J PAPKE 6180 CARDINAL DR S EXCELSIOR MN 55331 DAVID JOHN PETERJOHN 3921 HAWTHORN CIR EXCELSIOR MN 55331 HERBERT J & PATRICIA L PFEFFER 19225 N CAVE CREEK RD 55112 LOT 103 PHOENIX AZ 85024 DAVID & ADELAIDE PRILLAMAN 7064 RED CEDAR CV EXCELSIOR MN 55331 LUMIR C PROSHEK 3613 RED CEDAR POINT RD EXCELSIOR MN 55331 QUAI D'ANJOU LLC JANET M QUIST ETAL JOAN E RASK 4510 WEST LAKERIDGE 7331 DOGWOOD C/O JANET CARLSON DENVER CO 80219EXCELSIOR MN 55331 1884 PHALEN PL MAPLEWOOD MN 55109 RED CEDAR COVE TOWNHOUSE PATRICIA L RICHARDSON STACEY R & MICHELLE R RICKERT PO BOX 181 7095 RED CEDAR CV 6440 TANAGERS PT EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JAMES P & SUSAN S ROSS 3725 SOUTH CEDAR EXCELSIOR MN 55331 ROBERT E & JUDY D ROYER 7074 RED CEDAR CV EXCELSIOR MN 55331 EDWIN L & LIVIA SEIM COY O & SANDRA S SHELBY TRUSTEES OF SEIM FAMILY TRUST 292 CHARLES DR 7068 RED CEDAR CV SAN LUIS OBISPO CA 93401 EXCELSIOR MN 55331 ALFRED & CARLOTTA F SMITH 3714 HICKORY RD EXCELSIOR MN 55331 STATE OF MINNESOTA IN TRUST C/O AUDITOR - DNR WITHHELD 600 4TH ST E CHASKA MN 55318 PETER B & PAMELA J STROMMEN 3221 DARTMOUTH DR EXCELSIOR MN 55331 KENNETH R & MARTHA L SORENSEN 3800 LONE CEDAR CIR CHASKA MN 55318 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 SCUBA 14025 VALE CT EDEN PRAIRIE MN 55344 STRATFORD RIDGE HOMEOWNERS WILLIAM J & EILEEN S STERNARD ASN 3664 LANDINGS DR C/O KEITH F BEDFORD EXCELSIOR MN 55331 3961 STRATFORD RDG EXCELSIOR MN 55331 DONALD K & CHERLYN SUEKER 3111 DARTMOUTH DR EXCELSIOR MN 55331 PAUL GREGORY & MARY S SUMNERS 7620 CRIMSON BAY RD CHASKA MN 55318 AARON J & ADRIENNE F THOMPSON TROLLS -GLEN HOMEOWNERS ASSN SCOTT A VERGIN 3711 SOUTH CEDAR C/O B F SCHNEIDER, TREASURER 7311 DOGWOOD EXCELSIOR MN 55331 PO BOX 103 EXCELSIOR MN 55331 CHANHASSEN MN 55317 GARY A & JANET K VIERLING JAMES L & CONNIE A VOLLING JAMES A & JEAN WAY 7099 RED CEDAR CV 3700 LANDINGS DR 6641 MINNEWASHTA PKY EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHARLY A W EBBER 3850 LONE CEDAR CIR CHASKA MN 55318 JOHN L & LORI A WEBER 3220 DARTMOUTH DR EXCELSIOR MN 55331 CHRIS & KRISTINE W EDES 3716 HICKORY RD EXCELSIOR MN 55331 ANTHONY C & JODI L W EINZETL BRUCE D & KARLA J W ICKSTROM ROBERT D & JOY D W 3688 LANDINGS DR 3716 LANDINGS DR TRUSTEES OF WILSONN FFAM AM TRUST EXCELSIOR MN 55331 EXCELSIOR MN 55331 7048 RED CEDAR EXCELSIOR MN 55353 31 BARBARA DIANE WINTHEISER LANE L & RENEA M WOODLAND iARD & STEPHANIE F WING 3321 SHORE DR 7034 RED CEDAR CV SHORE DR EXCELSIOR MN 55331 EXCELSIOR MN 55331 ELSIOR MN 55331 RICHARD L & ANN M ZWEIG kM E & DARCY R WORLEY THOMAS E & LORI K WRIGHT 3601 IRONWOOD RD EXCELSIOR MN 5553331 0 HAWTHORNE CIR EIRONWOOD EXCELSIOR MN 55331 ; IOBERT L ALFORD JEFFREY MARK ANDERSON MICHAEL DEAN ANDERSON 1355 MINNEWASHTA WOODS DR 6840 HAZELTINE BLVD 7140 HAZELTINE BLVD :XCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 31CHARD E & SUSAN K ATWOOD 2701 PIPER RIDGE LN XCELSIOR MN 55331 SICHARD D BLISS & SAIL ANN PRATT 3400 MELODY LN EXCELSIOR MN 55331 THOMAS F & NANCY M BRUCH 6347 MINNEWASHTA 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 D & TRICIA J FALK 6475 TANAGERS PT EXCELSIOR MN 55331 ANTHONY LEE FREEMAN 6786 HIGHOVER DR CHANHASSEN MN 55317 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 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 MICHAEL W & SUSAN L GILBERT BENJAMIN & H GOWEN TRUSTEE E GRANT T 7100 CHES MAR DR 6440 HAZELTINE BLVD TRUSTEE OF TRUST 2782 PIPER RIDGE LN EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 WILLIAM J JR & TERESA A GREER WILLIAM D & MARY D HAWORTH RANDOLPH H & KELLY A HERMAN 2771 PIPER RIDGE LN 6818 HIGHOVER DR 2792 PIPER RIDGE LN EXCELSIOR MN 55331 CHANHASSEN MN 55317 EXCELSIOR MN 55331 DARRELL W & JUDY E HINKLIN 6345 MINNEWASHTA WOODS DR EXCELSIOR MN 55331 DARRELL & LAURICE JOHNSON 2731 PIPER RIDGE LN EXCELSIOR MN 55331 LEONARD V & MARY ELLEN KUHI 2703 CHES MAR FARM RD EXCELSIOR MN 55331 MICHAEL P & TERRI A MASON 2711 PIPER RIDGE LN EXCELSIOR MN 55331 THOMAS M & KIMBERLY A MCREAVY 2751 PIPER RIDGE LN EXCELSIOR MN 55331 HOWARD G & MICHELLE N NELSON 2445 64TH ST W EXCELSIOR MN 55331 MARK J OLSON 7011 HIGHOVER DR CHANHASSEN MN 55317 RUSSELL J & LYNN F PAULY 2447 64TH ST W EXCELSIOR MN 55331 DAVID G & STACEY R HURRELL 7460 BENT BOW TRL CHANHASSEN MN 55317 JAMES H & ALICIA M JOHNSON 2762 PIPER RIDGE LN EXCELSIOR MN 55331 KENNETH J & BETTY L LANG 2631 FOREST AVE EXCELSIOR MN 55331 MICHAEL J & CANDICE K MCGRAW 2446 HIGHOVER TRL CHANHASSEN MN 55317 MATTHEW & KRISTINE MEDICK 6800 HIGHOVER DR CHANHASSEN MN 55317 JOHN T & BARBARA N NEVIN 6361 MINNEWASHTA WOODS DR EXCELSIOR MN 55331 DAVID C & LISA K OWEN 2444 LAKE LUCY RD CHANHASSEN MN 55317 KENNETH R & LISA MARIE PEITZ 6811 HIGHOVER DR CHANHASSEN MN 55317 IND SCHOOL DIST 276 261 SCHOOL AVE EXCELSIOR MN 55331 WILLIAM D & BARBARA L JOHNSON 7060 CHES MAR DR EXCELSIOR MN 55331 KATHLEEN E MACK 6984 HIGHOVER DR CHANHASSEN MN 55317 PATRICK J & LISA M MCNULTY 6842 HIGHOVER DR CHANHASSEN MN 55317 MPLS COUNCIL OF CAMPFIRE GIRLS 2610 UNIVERSITY AVE W MINNEAPOLIS MN 55114 OLIVEWOOD HOMEOWNERS ASSN C/O BRIAN FALK 6475 TANAGERS PT EXCELSIOR MN 55331 PAINTING PERFECTION LTD 13875 FENWAY BLVD N SUITE 300 HUGO MN 55038 WAYNE PETERSON & KELLY WATSON 2444 64TH ST W EXCELSIOR MN 55331 KEVIN & IVY PETTIS PAUL R & CAROLINDA PRENEVOST GARY G & JANET REED 2742 PIPER RIDGE LN 6351 MINNEWASHTA WOODS 2461 64TH ST W EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHARLESERGER III & SENBE CLAIRE GREGORY L & NANCY L SCHMIDT WILLIAM M & SANDRA B SHAVER 2700 CHES MAR FARM RD 2458 HIGHOVER TRL 2772 PIPEERR RIDGE IDGE LLN N EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHANHASSEN MN 55317 DEAN A & JACQUELINE P SIMPSON 7185 HAZELTINE BLVD EXCELSIOR MN 55331 CHRISTOPHER E STEELE & GAIL C LOFNESS STEELE 6455 TANAGERS PT CHANHASSEN MN 55317 JOSEPH P THULL 6872 HIGHOVER DR CHANHASSEN MN 55317 TRAVIS D & NATALIE A SPRAGUE 6888 HIGHOVER DR CHANHASSEN MN 55317 JAMES & CANDACE STORM 20 2ND ST NE APT 2703 55413 JAMES G WAYNE JR 7200 HAZELTINE BLVD EXCELSIOR MN 55331 KINGSTON SPURBECK 6350 FOREST CIR EXCELSIOR MN 55331 RICHARD E & KIMBERLY TENNYSON 2722 PIPER RIDGE LN EXCELSIOR MN 55331 WILLIAM C & ANNE T WENDELL 6814 HIGHOVER DR CHANHASSEN MN 55317 WALTER A & MELBA D WHITEHILL PAUL R & ROXANNE J YOUNGQUIST WILLIAM M ZIEGLER 7250 HAZELTINE BLVD 7105 HAZELTINE BLVD 6441 ORIOLE AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 w F a LL) a w W N M = a °- _Q 00 �o w = o a a � J U a Q fr 3 w a CL a S F- 0 Uf o ° ° h Y Z0 a d IL 2 oa — aw Q ~ ~ cL Z �LLJ ago Zo J Z W >- a �z o(n Z �� Ld W cc C D O = O Q Y d d Y Yo o .o J cr o cQ G M N O O w F a LL) a w W N M = a °- _Q 00 �o w = o a a � J U a Q fr 3 w a CL a S F- Lake hfolnem-asWa y ` hI rack �ilersJt rail Aid Cori *HMO r' P ar:ac Hain Bathho + Cao R esiraaBOOL r' MG F P V atlon Tr* r1 ► i r p w p e ' A � g e w p ' A � g e Aerial (looking north) illustrating the existing roadway on the east side of the photo that will be transitioned Boat Launch Facilities It was determined that consolidation of the two existing boat launches into one convenient location achieves a number of important objectives. IAKF MINNFWAC"TA Q .InMAI SECTION V - DEVELOPMENT MASTER PLAN The park drive would be designed to Figure 5.1- Character sketch of entrance redesign. be 22' wide with a rural cross-section. Asphalt pavement is proposed to control dust, reduce wash -boarding, avoid mud and erosion, and minimize ongoing maintenance costs — all of which have been ongoing concerns given the extensive use of the road. As illustrated in figure 5.1, there is one section of existing roadway that will be eliminated to avoid redundancies in roadway infrastructure. Once eliminated, the existing roadbed will be used for a new paved trail corridor as shown on the Master Plan graphic and defined later in this section. T. Lin. P.A.d B.A T. Open U, _ 111..0 of P.h Entm.m E.I.mi o Nni.c Wi]Jfl—, Di..lq T;- I.,.. oImprov. A..th.em & hl.ntifr P.A D.n.m..t.l F.... T. — A..v.t E.tr..m lame.. AnJ C..tt.l A.. Pod IA..ef:.e.. P.& E.t..... With T... L... O.—..l F..m T. Am t E.tr..m location A.J Co.tml A ,, E.t...i.. N.ti— WiWfl.... Du,I.r T. Im.m.. A..thee.. 6 Uenef> P..h Much of the public discussion about the park's development centered around the optimal location for the boat launch. After consideration of a number of options, it was determined that consolidating the two existing boat launches into one convenient location achieves a number of important objectives, including: Reducing the need for boaters to travel to different areas of the park to determine if a space is available. Reducing the extent to which vehicles with trailers will have to travel through the park to get to a boat launch facility. Consolidating all parking spaces into a location that can be more readily observed from the Visitor Contact Station. • Reducing the maintenance cost associated with maintaining two instead of one boat launch. • Providing an opportunity to use the area of the second boat launch for an alternative use. • Ensuring that there will be adequate water depth to launch boats during lower water cycles. • Providing a greater level of protection from the wind during launching operations. Although consolidation of the two launches to the proposed location introduces more boat traffic into the bay area, the advantages of this location ultimately outweighed the other options being considered. By limiting vehicle/trailer parking to 35 spaces, it is anticipated that increased boat traffic in the bay will be manageable. The boat launch under the new master plan would remain in the same location as the existing boat launch #1. The existing drives and parking areas are used to the extent possible for development of new boat launch facilities. Figure 5.3 on the next page provides a character sketch of the boat launch and Visitor Contact Station area. As illustrated, the existing drives and parking areas are used to the extent possible for development of new boat launch facilities. This design approach also spreads out the parking lot so that it is a less imposing facility. As previously defined, a total of 35 vehicle/trailer parking spaces will be provided, which equals the capacity of the park's two existing launches. The small, informal picnic area/outdoor classroom overlooking the bay would be retained for boaters, trail users, and interpretive programs. As figure 5.3 illustrates, the boat launch includes two side-by-side ramps to increase its efficiency. Input from local boaters and the MNDNR should be solicited when the launch is developed to ensure that all functional issues are appropriately addressed. SECTION V - DEVELOPMENT MASTER PLAN Aerial (looking north) illustrating the existing boat launch # 1, which will be The parking lot for the launch would be paved with asphalt with some form of curbing to control vehicles and minimize maintenance. Stormwater runoff from the parking area would be managed in an ecologically -sound manner in keeping with the ecologically sustainable philosophy of the park. Aside from the ramp and associated parking, the amenities to support the boat launch facility are purposefully simple and limited. This includes convenient trails to connect each parking area to the boat launch. As illustrated in figure 5.3, boardwalks may be needed to traverse a small lowland area. A small picnic shelter with a couple of picnic tables is also shown near the boat launch. If the boat launch is developed before the Visitor Contact Station, this location could be used for pit toilets on an interim basis. Boarding docks along the side of the boat launch are also provided to ease the trailering operation. These would be wood decked and similar in design to the boardwalks. A pull -off area near the boat launch for removing weeds from boats and trailers would be provided as well. LAKE MINNEWASHTA REGIONAL PARK MASTER PLAN 5.6 The small picnic area (as shown in figure 5.3) will be retained. A temporary stopping lane is also provided along the park drive in front of the Contact Station to allow vehicles with and without boat trailers to stop. SECTION V - DEVELOPMENT MASTER PLAN A temporary stopping lane is also provided along the park drive in front of the Contact Station to allow vehicles with and without boat trailers to stop. This lane also provides an area for vehicles with trailers to temporarily stack while waiting for a parking space to open up. In busier times, stacking could also occur within the boat launch parking lot, assuming that the attendant can adequately monitor and control use of the launch facility. The extent to which space is required for stacking either along the road or within the parking lot will require additional design consideration at the time of development, with a greater level of input from parks staff and boaters. Figure 5.3 - Character sketch of boat launch and Visitor Contact Station. t.fo.al Pienie Awa t%uld[Mr cla.MMIII Vekiclo / Trrilar P.AA.d (35 Space. Toll) Peda.trian B...J.A &— BAdde Acrou Ch..l Shelter Structure eo.t L. ... k With—N Bo.rdi.d Dock \ 1 Boat Pull -011 Am. (Woad Removal, ate.) x i.p New. Trail Puk MU6 Purynw Tod 0 Monitored -" PeJeW;.. Cro..i.a. aP I I 1 JVt s — VWW, Contact Sta6o. / Tr.dh..d P.Ah rd ",. (20 .pace.) ,- Te®w An. r� -r (herlookind Wdmd — — Vuitnr Contac! Station Viritor Te.rtporary Pule Mdd- —�" 41" Purpo.. Trail I AKF MINNFWACHTA RMAONAI PARK MACTFR PI AN S 7 2IK IK p< < U p i 0 W CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952)227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: LARV.-R ADDRESS: IiISI 5`�. 21? 17Q&j[33p i-- �olc,r.nP. A k/ 5S3ZZ-n33ca J / TELEPHONE (Day Time) �/SZ> ' (e (e — j 2 c,4- S-7 OWNER: CcwYvr r COur\�Ly ADDRESS:(oC)C',`4h S� TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit _ Conditional Use Permit Ame rid uP 7!S'— Z_ Vacation of Right-of-Way/Easements InterimUse Permit Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development' Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review' X Escrow for Filing Fees/Attorney Cost" - $50 CUP/SPRNACNAR/WAP/Metes & Bounds - $400 Minor SUB Subdivision' TOTAL FEE $ — O — \,Qo_iVe -1 Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box Building material samples must be submitted with site plan reviews. 'Twenty-six (26) full-size folded copies of the plans must be submitted, including an 81/2' 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: LOCATION: LEGAL DESCRIPTION: TOTAL ACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. -se" �-4� ►I 14e r Signature of Applicant Signature of Fee Owner Date Date Application Received on 9-227-0 { Fee Paid N 1A_ 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. GAplanVOr \Development Review Apprication.DOC w CARVER COUNTY Kate Aanenson City of Chanhassen 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 Dear Ms. Aanenson, CARVER COUNTY PARKS Division of Public Works 11360 Highway 212 West, PO Box 330 Cologne, MN 55322-0330 11360 Hwy. 212 wm, Po Box 300 -0300 Phone (952) 466-5250 Fax (952) 466-5223 ` Phone �(952)546622-5200 5 www.co.carver.mn.us/parks Fax (952) 4665223 RECEIVED SEP 2 9 2004 CITY OF CHANHASSEN Earlier this summer we talked about the horsepower restriction listed in the Lake Minnewashta Regional Park Conditional Use Permit issued by the City of Chanhassen. Since the inception of the conditional use permit the DNR has added "No Wake" restrictions to the bay of Lake Minnewashta where boat access #1 is located. The "No Wake" restriction eliminates the need for a horsepower restriction in the bay of Lake Minnewashta. Additionally, the horsepower restriction is not manageable. Boaters come and go throughout the day with varying motor sizes. A boater will choose one of two parking areas in the park based on availability of a parking stall and not the size of motor. It is not reasonable to enforce a horsepower restriction and keep track of boaters coming and going from two boat accesses and their motor sizes. For these reasons, Carver County Parks requests the conditional use permit be amended to eliminate the horsepower restriction at boat access #1. Enclosed is the proposed Amendment #1 for the Conditional Use Permit for Lake Minnewashta Regional Park Please notify me with any questions or concerns by October 15s, 2004. County Parks SCANNED t<; C CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA * CONDITIONAL USE PERMIT LAKE h_. • 7 .. ...., 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 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 acknowledged by the parties hereto that under the provisions of M.S. §398.32, no county park lands or waters may be acquired within the limits of any city without the approval by resolution of the govering body of any such city; and it is further acknowledged that under the provisions of the City zoning ordinance, parks and recreational areas owned and operated by governmental units may be allowed within residential zoning districts only upon the securing of a conditional use permit from the City. 1.02. County Park Proposal. The County proposes the acquisition &F -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" respectively and incorporated herein by reference. 1.04. General Purpose. The purpose of this agreement is to set forth the terms and conditions governing the approval by the City of the parkland acquisition and the grant of the within conditional use permit which are conditions precedent to land acquisition by the County for the park. Section 2. Park Areas C and D 2.01. Master Plan. In reliance on action taken by the Metropolitan Council of the �Tw ni 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 Minnewashta Regional Park, here- inafter referred to as the "Master Plan," the parties hereto acknowledge the necessity of the acquisition and development by the County of land area Parcels C and D east of State Trunk Highway #41 for utilization as a natural demonstration and study area. 2.02. Acquisition Funding. The parties hereto acknowledge that Parcels C.and D are integral components of the Master Plan and the acquisition of said parcels is essential to the full development of the regional park. In recognition thereof, the parties mutually agree to employ their best efforts, jointly or severally or in concert with Independent School District No. 276, to seek funding as expedi- tiously as possible for the acquisition and development of said Parcels C and D through grants from the state and federal governments and the Metropolitan Council of the Twin Cities. Section 3. Schematic Plan. 3.01. Design Capacities. The design capacities as set forth in Section III, Schematic Plan, of the Master Plan, and the Lake Minne- washta Park Use Calculations of the Subcommittee for Master Planning of the Lake Minnewashta Park, dated May 28, 1975, and attached hereto as Exhibit "C" and incorporated herein by reference, shall constitute the maximum development allowable in said proposed park. Section 4. Development Plans. 4.01. Review and A'proval. 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 the detailed development plans so long as they are consistent in scope and capacities with the Master Plan, except for appropriate development standards which may be applied to development generally within the City. Any development plans not consistent in scope and capacities with the Master Plan shall require an amended conditional use permit. 4.02. Trail Connection and Lake Lucy Road Extension. Upon the acquisition of land parcels C and D, appropriate provisions will be made to accommodate the connection of said parcels with the trail system proposed by the City, and if necessary, to permit the extension of Lake Lucy Road westerly to State Trunk Highway #41 over the extreme southern limits of Parcel C. 4.03. Development Schedule. The County does not propose any signi- ficant development of the park until funds are available through the grant program of the Metropolitan Council. Between 1978 and 1982, the development activities at the park are proposed to consist essentially of establishing a land stewardship program, development of a primitive lake public access facility, and use of the existing buildings as either a nature center or museum and park employee residence. -2- 4.04. Land Stewardship Program. The land stewardship program will consist principally of gradually phasing from cultivated land to turf establishment on Parcel E, establishing a tree nursery, beginning prairie establishment on a portion of Parcel B, providing necessary access control in terms of gate and fencing, controlling noxious weeds, and to the extent feasible, controlling Dutch elm and oak wilt disease. Section 5. Advisory Committee. 5.01. Advisory Committee. The park is intended to fill the. regional recreation needs of the Chaska, Chanhassen, and Victoria areas in Carver County, which is generally described as Service Area 1 in the County's Park and Open Space System Plan. In order to provide a means of continuing review during the development and operating phases, Carver County shall establish an Advisory Committee for Service Area 1. This Advisory Committee shall consist of two representatives from Chanhassen, one from Chaska, one from Victoria, and one from the County Park Commission. The City representatives will be appointed by the respective City Councils on an annual basis. The Advisory Committee shall review the County's development plan and make recommendations to the Carver County Park Commission in regard to such plan. The Advisory Committee shall also monitor park operations in a general way, and shall make recommendations to the County Park Commission in regard to improvements in operating policies. The Advisory Committee members shall also keep the City Councils of their respective cities informed of their general activities. They shall alsoszrve as the conduit of concerns from their respective City Councils to the County. The Advisory Committee shall be established at such time as the County begins preparation of detailed development plans or at the request of the City prior to that time. Section 6. Governing Ordinance, Policing, Fire Protection and Access. 6.01. County Park Ordinance. The Park Ordinance of the County, a copy of which is attached hereto as Exhibit "D", shall regulate the use of the park. The City and the Advisory Committee shall recommend any appropriate amendments to the County Park Ordinance or regulatory County Board Resolutions as the same may be applicable to the park. In addition, all County proposed park ordinance amendments or regulatory resolutions shall be reviewed by the Advisory Committee for its recommendations and comments prior to enactment. 6.02. Policing. Policing of the park shall be the responsibility of the County through its Sheriff's Department at no cost to the City. Any supplementary police services furnished by any future City police department shall be performed only under the terms and conditions of a mutual aid agreement between the City and the County. 6.03. Fire Protection and Emergency Services. Fire protection and emergency rescue services necessitated by land -oriented incidents shall be provided by the Fire Department of the City. Emergency rescue ser- vices necessitated by water -oriented incidents shall be provided by County lifeguards or the County Sheriff's Water Patrol. -3- I 6.04. Lake Access. Access to Lake Minnewashta through the park shall be limited to non -motorized boats or fishing boats of fifteen (15) horsepower or less. Section 7. Roads, Water and Sanitary Sewer Services. 7.01. Roads. All roads and trails within the park shall be con- structed and maintained, including snow plowing, by She County. 7.02. Water and Sanitary Sewer Services. The County shall provide water and sanitary sewer systems through on-site facilities approved by the Minnesota State Board of Health and such other state regulatory agencies having regulatory power thereof. When available, said water and sanitary sewer services shall be connected to the City facilities at the expense of the County. All connection charges, Metropolitan Waste Control Commission sewer availability charges (SAC charges), and sewer and water usage charges shall be paid by the County to the City at the reasonable and customary then prevailing City rates for comparable uses. Except for trunk water and sewer assessments payable as provided in §8.01 hereof, sewer and water charges.will not be based on a price structure which assumes a 211 dwelling unit develop- ment, but rather will be based on a comparison of volumes generated by similar residential, commercial, or institutional uses. 7.03. Water and Sanitary Sewer Easements. The County shall provide, consistent with applicable Metropolitan Council policies and the grant contract for acquisition of the Lake Minnewashta Regional Park between the County and Metropolitan Council, at no cost to the City, such linear water and sewer easements as the City may deem necessary to provide water and sanitary sewer services to the park and contiguous areas. Said easement alignments shall not be so located as to materially affect the character of the Park. Section 8. Assessments, Taxes, and Costs. 8.01. Outstanding Assessments. By resolution adopted October 20, 1975, a copy of which is attached hereto as Exhibit "E", the City levied a total of 211 trunk water and sewer unit assessments against the properties to be acquired for the park. It is a condition to the grant of the within conditional use permit that all of said assessments be paid in full by the County immediately upon its acquisition of said properties. Included within said payment shall be accrued interest computed pursuant to M.S. §429.061. 8.02. Tax Equivalents. In the event the Metropolitan Council of the Twin Cities fails or declines to pay to the City tax equivalents under M.S. §473.341, it is agreed that said tax equivalents shall be paid by the County to the City upon demand. 8.03. 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- Section 9. General Provisions. 9.01. Indemnification. The County shall indemnify and hold the Cityl harmless from liability on account of injury or damages to person or property arising out of the operation of the park facilities. In the event legal action is brought against the City, either solely or jointly with the County, on account of any such injury or damage, the County, on notice to it by the City, shall defend the City in any such action at the expense of the County. In the event of judgment against the City in any such action, the County shall -pay such judgment and all costs in connection therewith, and hold the City harmless therefrom The County does not agree to indemnify, hold harmless, or defend any action or pay any judgment arising from acts of officials, employees, or agents of the City while in the park. 9.02. Non -Assignment. Neither the within conditional use permit nor the park contemplated hereunder shall be assigned or conveyed by the County without the prior written consent of the City. 9.03. Standards Applicable. The City Council and its Planning Com- mission 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 pursuant to resolution duly adopted, and each party shall file withthe other party a certified copy of the resolution approving the execution of the within agree- ment. Executed this c2,Z day of1977, by the City of Chanhassen. CITY OF CHANHASSENcv�l Attest: Byy�, MAYOR City Clerk Manager Executed this 6th day of December 1977, by the Board of Commissioners of Carver County. Attt t: GSL% tlGc.c�•-c ,� - -� County Audit t r. BOARD OF C{OMMISSIONERS OF CARVER COUNTY By Vice -Chairman —5— a BOARD OF COUNTY COMMISSIONERS CARVER COUNTY, M NIMTA Data_ December 6, 1977 Resolution No Motion by Commissioner Aretz Seconded by Commissioner Trende Commissioner Aretz moved, seconded by Trende, to approve the Conditional Use Permit. for the Lake Minnewashta Regional Park, and authorize the vice—chairman to sign the agreement with Chanhassen. YES Aretz Trende Gnan Ess NO State of Minnesota County of Carver u' Ukhaarrdx W rtma appointed aicfuse�der, �uly elected, Qualified and acting County Auditor for the County of Corner, State of Minnesota, do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Carver County, Minnesota, at their session held on the 6th day of _ Qafpmher 19?7 now on file in my office, and have found the same to be o true and correM copy thereof. Witness my hand and official seal at Chaska, Minnesota, this31 s—t _dm�� January, 1978 comb Avftw CITY OF q CHANUASSEN 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 were be The fifth, was a request from nate the existing 15 horsepow that their conditional use al Park be amended. The held by the Planning ubmitted to the City tested. Four were minor. politan Council to elimi- ion for launching boats at the Regional Park. That req st recei d considerable discussion and the City Council acted appoint citizens committee to review the request, consid alternati , and to make recommen- dation. On July 21, 1983, its recommendatioi extensive and co attended by r thrust of tha requirement power and toqm the Regional Park take Minnewashta tached). Work of d numerous option y Committee presented committee had been Meetings were well 'a area. The ma]or the horsepower horse - an unrestricted access at ano point in s t_tached exhibit) . The City Council action was "st. f erected to amend the con- ditional use permit by incorpor i the recommendations of the Lake Minnewashta Boat Access St Committee and resubmit it to the Council." Given the time that it expired from, Roger Knutson recommended holding a new hearing. On August 17, the Planning Commission held the second public hearing on this item. No public comments were received. The Planning Commission acted to endorse the recommendation of the Lake Minnewashta Study Committee. Mayor and Council September 12, 1983 Page 2 The recommendations of the Lake Minnewashta Study Committee have been incorporated in the attached amended conditional use permit. The permit also encompasses the four minor changes considered one year ago. Recommendations of the Planning Commission, which do not relate to the conditional use permit itself, are recommended to be approved - but not as a part of the conditional use permit. Specifically, city staff should be instructed to physically close the access adjacent to Leach's when the new access is completed and to insure that the "no wake zone" is designated in accordance with the new Water Surface Usage Ordinance. Regarding the boat access policy, such should be considered by the Planning Commission as a part of their current ordinance revisions. Approval of the amended conditional use permit, as herein attached, is recommended. Report Of The Lake Minnewashta Study Committee June 1983 Members: Arnie Red - Chair Clark Horn John Neveaux Tom Nierz Pat Murphy Established: by City Council --August 1982 Charge: To study public access alternatives for Lake Minnewashta Background 1. City/County Conditional Use Permit for Lake Minnewashta Regional Park has 15 horsepower limit. 2. City's informal access adjacent to Leach's Resort is unrestricted. 3-. Private access (Leach's) is unrestricted. 4. DNR does not recognize any of these 3 accesses as meeting their definition. Therefore, no fish management programs. 5. Metro Council would not approve development master plan or future development funding for Lake Minnewashta Regional Park with the 15 horsepower restriction. Also, affected City's park grant consideration. G. County applied for C.U.P. amendment deleting the i5 horsepower restriction. 7. Park & Recreation Commission recommended approval. 8. Planning Commission recommended denial. 9. City Council established this committee to study alternatives. Committee Work: 1. Met with DNR & Metro Council representatives: a. Neither DNR nor Metro Council will use their funds for more shoreline when Regional Park has 2 miles. b. DNR would be amenable to location other than the park -if they did not have to fund land acquisition. Attachment #2 be permanentoraaequate aesign, ana cy�- pdinL,Ly alUa cannot be r -ated from the launchinc-(, is by roadway. d. Total of 32 to 37 parking spaces must be provided to meet DNR -and Metro Councilrequirements. Some of these spaces could be assigned to the restricted access on Little Minne. 2. Reviewed potential access areas around lake: a. Existing city access adjacent to Leach's Resort: * Developed plan for moving Minnewashta Parkway. * Not economically viable. * Residents object to current use and long term use as access. * Apparently unwilling sellers. b. Leach's Resort: * Development potential of land too valuable for long term use as access. * Extremely expensive to acquire. c. Island at south end of lake north of Hwy. 5: * Safety problems with car/trailer access off and onto Hwy. 5. * Marginal in size and may require fill on island. * Environmentally sensitive around island as spawning area. * Fill required would make turn lanes expensive and environmentally harmful. Permits for filling would be difficult to obtain. * Potentially expensive and difficult to acquire. d. Existing neighborhood accesses (street extensions) located in several subdivisions: * Extremely disruptive to established neighborhoods. * Expensive and difficult to provide parking. e. Lake Minnewashta Regional Park (3 potential areas): * Little Minne is environmentally sensitive and should not be the principal public boat entrance to the lake, access wy out serioucly disrupting C le pianned uses of picr 7 and swimming. Also r at the "end" the entrance road, it hinders the pc_ational flexibility of the park plan. of * The one other remaining area, located in the southern third of the park, may detract from one picnic area, but would not require any extra road work and a launching and parking area could be reasonably designed and permits should be easily obtainable. Conclusions: 1. An access meeting DNR requirements is in the long term best 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 conflicts on the west side of the lake, and does not meet the definition of public access used by those agencies. 4. Access meeting DNR and Metro Council standards can be obtained within the boundaries of Lake Minnewashta Regional Park with less impact on the community than any other location around the lake. Recommendations: We hereby recommend that the City Council endorse the concept of dual public accesses located within Lake Minnewashta Regional -Park. Ile believe this concept provides the best long term solution to providing reasonable public access to Lake Minnewashta with the least impact to the community and to the environment; and with minimal impact on the County's plan for the regional park. We recommend that the following specific proposals be adopted as the means of implementing this solution: 1. An additional boat access with no horsepower restriction will be established in Lake Minnewashta Regional Park as shown in Attachment A. This access will be limited to a maximum of 20 parking spaces. This access should be developed in the spring of 1985 at which time a permanent County park employee will be resident at the park. 2. At such time as the new public access is open, the City should physically close its access adjacent to Leach's Resort. The City shouid'make a policy statement that the closing of a quasi -public access or private access will not constitute a reason or justification, to increase public access parking or capacity. This statement could be included within the City's Comprehensive Plan as is proposed for Vo. 6. a maximum 30 ho -I ower motor size andja mar mm -of 15 parking spaces will beided to serve that accE The County should be permitted to rent a limited number of canoes for use on Little Minnie. 4. The County's master plan be revised to reflect these changes and the City's conditional use permit be amended to reflect these changes. 5. Little Minne should be surface zoned as a "Slow - No Wake" zone. 6. The City should establish a firm policy position regarding all public accesses,.such as "the city hereby establishes a. boat access policy and standard of one (1) parking space for every 20 acres of water surface - such being both a minimum and maximum standard on all City lakes." Further, this policy and standard should be included within the City's Comprehensive Plan as well as within a lard use ordinance (water surface or zoning), such requiring a 4/5ths vote to -be modified thus providing reasonable assurance of continuity. Planning Commission Minutes August 24, 1983 Page 8 1 Use Public Present Pat Murphy Mike Liddicoat Arnie Hed R Carver County Carver County Lake Minnewashta t Access Study Committee Waibel presented the staff report indicating that approximately one year ago, the Metropolitan Council and D.N.R. noted opposi- tion to the horsepower restriction on the Minnewashta Regional Park access for reasons that it is discriminatory. The City Council, in recognition that resolution of this matter was needed, created the Lake Minnewashta Boat Access Study Committee to research and recommend on how public access to Lake Minnewashta can be best accommodated. He stated that, as far as Minnewashta Regional Park 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 and they came out and looked at the various options and facilities. I think we examined every possible alternative on Minnewashta. It was our objective from the very beginning to control the density on the lake and also to provide public access use of the lake but not abuse. In the past, the access has been next to Leach's Resort, which is actually a vacated street and was not authorized by the D.N.R. so the D.N.R. did not take care of the lake in the past 12-15 years. The use, as you are probably aware of, on 15 and Minnewashta Parkway, there are sometimes 40 or more cars and trailers. So this poses a high safety problem in Minnewashta Parkway. We looked at some creative ways of solving the problem, by moving Minnewashta Parkway further west. We got the cooperation from the City and the County and they examined that. We had a meeting and perhaps 40 or 50 residents from around the lake attended. We found that it was initally not feasible. The most attractive to, we felt, the city, the resi- dents of the lake, the County, D.N.R., Metro Council, was to utilize some of the existing facilities in the regional park. Planning Commission Minutes August 24, 1983 Page 9 Jur hope there was to keep non -motorized craft in Little Minnie Bay and the motorized craft down the shoreline. The location for the access is nearly a mile from any residential area. At the time the access would go in, the public access that exists next to Leach's will be automatically closed and that would eliminate any safety problems on Minnewashta Parkway. We anticipate that Leach's Resort, because of economic conditions, will probably not run more than 1-3 years at the most. Currently, Leach's is Putting in about 30 boats a day. So if we are lowering the den- sity on that Luce for an excess of the D.N.R. safety standards, 30 boats coming from Leach's and 25 over at the new park. But when Leach's close, there will be no increase in spaces at the regional park. We 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. Albee :roved, seconded Py Noziska to close the public hearing, all voted in favor and the motion carried. Merz moved, seconded by Albee, to recommend that City Council adopt amendment 6.04 to the Conditional Use Permit with the :ollowing addition: "The Lake Minnewashta Park be the only access on the lake." and the following specific proposals be adopted as the means of implementing this solution: 1. An additional boat access with no horsepower restriction will be established in Lake Minnewashta Regional Park as shown in Attachment A. This access should be developed in the spring of 1985 at which time a permanent County park employee will be resident•at the park. 2. At such time as the new public access is open, the City 9+va 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 eould shall be included within the City's Comprehensive Plan as is proposed for No. 6. 3. The existing public access on Little Minnie will be limited to a maximum 10 horsepower motor size and a maximum of 15 parking spaces will be provided to serve that access. The County should be permitted to rent a limited number of canoes for use on Little Minnie. 4. The County's master plan be revised to reflect these changes and the City's conditional use permit be amended to reflect these changes. Planning Ccmmission Minutes August 24, 1983 Page 10 5. Little Minne should be surface zoned as a "Slow - No Wake" zone. 6. The City should establish a firm policy position regarding all public accesses, such as "the city hereby establishes a boat :access policy and standard of one (1) parking space for every 20 acres of water surface - such being both a minimum and maximum standard on all City lakes." Further, this policy and standard should be included within the City's Ccmprehensive Plan as well as within a land use ordinance (water surface or zoning), such requiring a 4/5ths vote to be :modified thus providing reasonable assurance of continuity. All voted in favor and the motion carried. Comorehensive Land Use Plan Amendment Request, Sunnybrook Develooment Group. r Public Present B.L. Schlender :panda Squire Paul Schoenecker 6400 Emerson, Minneapolis 6400 Emerson, Minneapolis 9450 Lakeland Terrace Waibel summarized that the request was to change the land use designation for the southerly most 23.92 acres of Tract B, RLS 88 from campus business to commercial. haibel stated that staff finds approval of the request may be granted at this time with the anticipation that further land use plan amendments will be forth coming shortly for the lands adjoining the subject property as a result of the Zoning and Subdivision Ordinance revisions. He also stated that the existence of large undeveloped areas between this property and areas of planned or existing development presents a situation where a wide variety of well planned land uses can be compatably accommodated. Albee moved, seconded by Noziska to close the public hearing, all voted in favor and the motion carried. Albee moved, seconded by M. Thompson that the Planning Commission recommends amending the Comprehensive Land Use Plan from campus business to commercial for the southwesterly 24+ acres of Tract B, R.L.S. No. 88 as presented in Planning Case 63-2 Land Use Plan Amdndment. All voted in favor and the motion carried. Also the Planning Commission directed staff to make arrangements for amending the Comprehensive Land Use Plan designation from campus business to commercial for the area east of the property to County Road 17. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED CONDITIONAL USE PERMIT LAKE MINNEWASHTA REGIONAL PARK THIS AGREEMENT, made and entered into by and between the City of Chanhassen, hereinafter referred to as the City, and the Board of Commissioners of Carver County, hereinafter referred to as the County; WITNESSETH, that in the exercise of their powers pursuant to law, and in consideration of the mutual convenants herein con- tained, the City and County recite and agree as follows: Section 1. Recitals. 1.01. State Law and City Zoning Ordinance. It is acknowledged by the parties hereto that under the provisions of M.S. $398.32, no county parklands or waters may be acquired within the limits of any city without the approval by resolution of the governing body of any such city; and it is further acknowledged that under the provisions of the City zoning ordi- nance, parks and recreational areas owned and operated by govern- mental units may be allowed within residential zoning districts only upon the securing of a conditional use permit from the City. 1.02. County Park Proposal. The County proposes the acquisition and development of a regional park to be located on the northeast shore of Lake Minnewashta, designating said park as Lake Minnewashta Regional Park (hereinafter referred to as the "park"), and has made application to the City for approval of said acquisition and development and the issuance of a con- ditional use permit. 1.03. Lake Minnewashta Regional Park Master Plan. Except as hereinafter modified or otherwise provided, the Lake Minnewashta Regional Park Master Plan - 1982 Updated - as approved by the County Board of Commissioners on April 13, 1982 forms the basis of this conditional use permit for said County Regional Park. Said Master Plan and approving County motion are attached hereto as Exhibits "A" and "B" respectively and incor- porated herein by reference. 1.04. General Purpose. The purpose of this agreement is to setforth the terms and conditions governing the approval by the City of the parkland acquisition and the grant of the within conditional use permit which are conditions precedent to land acquisition by the County for the park. Section 2. Park Areas C and D. 2.01. Master Plan. Whereas the City, the County, and the Metropolitan Council of the Twin Cities have determined that removal of areas C and D from the Master Plan of the Lake Minnewashta Regiona_ Park, hereinafter referrer .o as the "Master Plan", will not adversely affect the purpose or function of the park, and whereas the City and the Metropolitan Council of the Twin Cities have approved a change to the adopted Land Use Plan from "Parks/open Space" to "Residential -Low Density", the parties hereto acknowledge that land area Parcels C and D are removed from the boundaries of the park as defined in Exhibit "A". Section 3. Schematic Plan. 3.01. Design Capacities. The design capacities as set - forth on page 26, table 6 of the Master Plan, and the Lake Minnewashta Park Use Calculations of the Subcommittee for Master Planning of the Lake Minnewashta Regional Park, dated May 28, 1975, shall constitute the maximum development allowable in said proposed park. Section 4. Development Plans. 4.01. Review and Approval. Detailed development plans within the proposed park shall be submitted to the City for review and comment prior to approval by the County. It is not con- templated that the City shall have approval authority over the detailed development plans so long as they are consistent in scope and capacities with the Master Plan, except for appropriate development standards which may be applied to development generally within the City. Any development plans not consistent in scope and capacities with the Master Plan shall require an amended conditional use permit. 4.02. Development Schedule. The County does not propose any significant development of the park until funds are available through the grant program of the Metropolitan Council. Between 1978 and 1982, the development activities at the park are pro- posed to consist essentially of establishing a land stewardship program, development of a primitive lake public access facility, and use of the existing buildings as either a nature center or museum and park employee residence. 4.03. Land Stewardship Program. The land stewardship program will consist principally of gradually phasing from culti- vated land to turf establishment on Parcel E, establishing a tree nursery, beginning prairie establishment on a portion of Parcel B, providing necessary access control in terms of gate and fencing, controlling noxious weeds, and to the extent feasible, controlling Dutch elm and oak wilt disesase. Section 5. Advisory Committee. 5.01. Advisory Committee. The park is intended to fill the regional recreation needs of the Chaska, Chanhassen, and Victoria area in Carver County (as described in Section 4, Local and Regional Recreation Needs Analyses of the Master Plan). In order to provide a means of continuing review during the develop- ment and operating phases, Carver County shall establish an Advisory Committee consisting of two representatives from Chanhassen, one from Chaska, one from Victoria, and one from the -2- County Park Commission. The City representation will be appointed by the respective City Councils on an annual basis. The Advisory Committee shall review the County's development plan and make recommendations to the Carver County Park Commission in regard to such plan. The Advisory Committee shall also monitor park operations in a general way, and shall make recommendations to the County Park Commission in regard to improvements in operating policies. The Advisory Committee members shall also keep the City Councils of their respective cities informed of their general activities. They shall also serve as the conduit of concerns from their respective City Councils to the County. Section 6. Governing Ordinance, Policing, Fire Protection and Access. 6.01. County Park Ordinance. The Park Ordinance of the County shall regulate the use of the park. The City and the Advisory Committee shall recommend any appropriate amendments to the County Park Ordinance or regulatory County Board Resolutions as the same may be applicable to the park. In addition, all County proposed park ordinance amendments or regulatory resolu- tions shall be reviewed by the Advisory Committee for its recom- mendations and comments prior to enactment. 6.02. Policing. Policing of the park shall be the responsibility of the County through its Sheriff's Department at no cost to the City. Any supplementary police services furnished by any future City police department shall be performed only under the terms and conditions of a mutual aid agreement the City and the County. 6.03. Fire Protection and Emergency Services. Fire pro- tection and emergency rescue services necessitated by land - oriented incidents shall be provided by the Fire Department of the City. Emergency rescue services necessitated by water - oriented incidents shall be provided by County lifeguards or the County Sheriff's Water Patrol. 6.04. Lake Access. A watercraft access to Lake Minnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access is to be limited for launch of watercraft of ten (10) horsepower or less and have a capacity of 10 car/trailer spaces. An additional access without horsepower restrictions having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2nd Access" marked Official Copy. Section 7. Roads, Water and Sanitary Sewer Services. 7.01. Roads. All roads and trails within the park shall be constructed and maintained, including snow plowing, by the County. -3- 7.02. Water and Sanitary Sewer Services. The County shall provide water and sanitary sewer systems through on-site facilities approved by the Minnesota State Board of Health and such other state regulatory agencies having regulatory power thereof. When available, said water and sanitary sewer services shall be connected to the City facilities at the expense of the County. All connection charges, Metropolitan Waste Control Comission sewer availability charges (SAC charges), and sewer and water usage charges shall be paid by the County to the City at the reasonable and customary then prevailing City rates for com- parable uses. Except for trunk water and sewer assessments payable as provided in $8.01 hereof, sewer and water charges will not be based on a price structure which assumes a 211 dwelling unit development, but rather will be based on a comparison of volumes generated by similar residential, commercial or institu- tional uses. 7.03. _Water and Sanitary Sewer Easements. The County shall provide, consistent with applicable Metropolitan Council policies and the grant contract for acquisition of the Lake Minnewashta Regional Park between the County and Metropolitan County, at no cost to the City, such linear water and sewer ease- ments as the City may deem necessary to provide water and sani- tary sewer services to the park and contiguous areas. Said easement alignments shall not be so located as to materially affect the character of the park. Section 8. Assessments, Taxes and Costs. 8.01. Outstanding Assessments. By resolution adopted October 20, 1975, the City levied a total of 211 trunk water and sewer unit assessments against the properties to be acquired for the park. It is a condition to the grant of the within con- ditional use permit that all of said assessments to be paid in full by the County immediately upon its acquisition of said prop- erties. Included within said payment shall be accrued interest computed pursuant to M.S. 5429.061. 8.02. Tax Equivalents. In the event the Metropolitan Council of the Twin Cities fails or declines to pay to the City tax equivalents under M.S. 5473.341, it is agreed that said tax equivalents shall be paid by the County to the City upon demand. 8.03. City Costs. The County agrees to reimburse the City promptly upon invoicing therefor, all resonable and custo- mary costs incurred by the City since the enception of the park concept through the conditional use permit. Eligible costs shall consist of publication and notification expenses, attorney fees, engineering fees, costs in connection with the November 2, 1977 public hearing, and any other reasonable outside direct costs to the City. Section 9. General Provisions. 9.01. Indemnification. The County shall indemnify and hold the City harmless from liability on account of injury or -4- damages to person or property arising out of the operation of the park facilities. In the event legal action is brought against the City, either solely or jointly with the County, on account of any such injury or damage, the County, on notice to it by the City, shall defend the City in any such action at the expense of the County. In the event of judgement against the City in any such action, the County shall pay such judgement and all costs in connection therewith, and hold the City harmless therefrom. The County does not agree to indemnify, hold harmless, or defend any action or pay any judgement arising from acts of officials, employees or agents of the city while in the park. 9.02. Non -Assignment. Neither the within conditional use permit nor the park contemplated hereunder shall be assigned or conveyed by the County without the prior written consent of the City. 9.03. Standards Applicable. The City Council and its Planning Commission have determined that in the grant of the within conditional use permit, the standards of the Chanhassen Zoning Ordinance have been met. 9.04. Execution. Each party warrants and affirms that the within agreement was duly authorized by its respective governing body and executed by its duly authorized officers pur- suant to resolution duly adopted, and each party shall file with the other party a certified copy of the resolution approving the execution of the within agreement. Executed this Joth day of 1984, by the City of Chanhassen. ATTEST: "Clerker Executed this A day of Board of Commissioners of Carver ATTEST: ount xecutive Se retary CITY OF CHANHASSEN By. Mayor zece.u6 e/ 1984, by the County. BOARD OF COMMISSIONERS OF CARVER COUNTY By:` L � Z_4_/ �\ -5- CERTIFICATION STATE OF MINNESOTA ss COUNTY OF CARVER i DOCUMENT NO. 68828 OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER This is to certify that this document was filed in this office on thec:9)4* day of Qoc..19NA.D. at$AL2o'clockQM. and was duly recorded in Book Al of �fYU[Y'.. page. �1l9-qat ,- 10P ZW) VZ --e& County Recorder by I, Karen J. Engelhardt, duly appointed, qualified and acting Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of the amended Conditional Use Permit for Lake Minnewashta Regional Park with the original copy, now on file in my office, and have found the same to be a true and correct copy thereof and as approved by the City Council. Witness my hand and official seal at Chanhassen, Minnesota, this 19th day of December , 1934 *KaentJE) ge rdt, Deputy Clerk SE " 4- YOUR VOICE TO PROTECT AND ENHANCE MINNESOTAS LAKES AND FIVERS MARCH/APRIL, 2001 VOWME 5, NO. 2 THE IMPACTS OF MOTORIZED WATERCRAFT ON THE LAKE ENVIRONMENT Leisurely boating around the lake on a warm summer afternoon, cruising after supper to watch the sunset over the lake, fishing in the quiet of the early morning, or watching the grardchlldreris delight in being pulled around the lake on a water tube or skits are just a few of the pleasures that motorboating brings to hundreds of thousands of people in Minnesota each year. Yet, as the number of motorized boats on Minnesotes lakes continues to increase, questions arise about the potential impacts these boats have on the lake environment. These impacts can be on water clarity, shoreline erosion, plant communities, fish, wildlife, water quality deterioration, and human enjoyment (air quality, peace and quiet, safety and crowding). And, the Increasing development of lakes and rivers leads to Increased boat activity, especially in areas that have not been traditionally used for recreation. How might more and more motorized boats affect our lakes? The rest of this arti- cle attempts to answer the question through a summary of findings from the recently completed study, 'The Effects of Motorized Watercraft on Aquatic Ecosystems' by Timothy Asplund, Wisconsin Depubme st of Natural Resources and the University of Wisconsin Water Chemistry Program. From this point forward, "boats will be used to mean rotor ad boats Including powerboats, fishing boats, pontoon boats and personal watercraft. continued on page 6 Increased numbers of motorized boats in Minnesota According to boat statistics provided by Kim Eiverum, boating coordinator, Minnesota Department of Natural Resources, in the last 20 years there has been a 28 percent Increase in registered motorboats, and boats are larger in size. There is also a significant increase in the number of personal watercraft (PWC). Between 1980 and 2000: • the number of motorboats less than 16 feet decreased by almost 20 percent, from 296,969 to 241,986 boats; • the number of motorboats 16 feet to less than 26 feet increased by almost 125 percent, from 145,000 to 323,000 registered boats, • the number of motorboats 26 feet and over Increased by 63 percent, from 4,367 to 7,138; • PWC increased by five fold (537%) from 6,298 registered in 1990 to 33,883 registered in 2000; • The total number of registered motorboats increased 28 percent, while boats of all types Increased 40 percent to a total of 812,247 regis- tered boats of all types in Minnesota in 2000. Sharing some of his experiences from 27 years with the DNR, Elverum said the increase in motorboats from 16 feet to less than 26 feet comes mostly in the 16 -to -19 foot range. The largest growth in this category is probably aluminum outboard fishing [oats, as more anglers trailer their own craft from lake to lake. The number of 17 -to -19 foot fiber - glass runabouts has also increased—both outboard and inboard - outboard drives. The rate of increase in personal watercraft registrations dropped off after it peaked in 1995, while there has been an increase in kayak regiscstion, Loth river and sea types, over the last 10 years. "Minnesota's increases are not unlike the national mend; said Elvenun. "Although, surprisingly, from 1980 to 1999, Minrmesotas 36 percent overall increase in boat registrations was 13 percent below the overall national Increase In boat registrations of 49 percent' Page 1 How can motorized boats affect lakes? (continued from Page 1) Boats interact with the aquatic ecosystem—defined as the lake community of plants and animals and the physical and chemical environment In which they exist—by a variety of mechanisms. These can include ends - $tons and exhaust, propeller contact, turbulence from the propulsion system, waves produced by movement, noise, and movement Itself. In tum, these impacting mechanisms may have multiple effects on the aquatic ecosys- tem. Sediment resuspension, water pollution, disturbance of fish and wildlife, destruction of aquatic plants, and shoreline erosion are the major areas of impact. Water clarity Propellers may disturb the lake bottom directly, or indirectly through the wash or turbulence they produce, especially in shallow water. This can decrease water clarity by increasing the amount of sediment particles In the water or may cause nutrients that are stored In the sediments, such as phos- phorus, to become available for algal growth. Waves created by watercraft may contribute to shoreline erosion, which can cloud the water and decrease water clarity. Water clarity is important because it affects the ability of the fish to find food, the depth at which aquatic plants can grow, dissolved oxygen content, and water temperature. It is also Impor- tant aesthetically to the recreational enjoyment of the lake and can even affect property values. Water qualities Boat motors can add metals (lead, cadmium, mercury), nutrients (phos- phorus, nitrates) and hydrocarbons (methane, gasoline, oil-based products) to the water column. These added chemicals an affect the pH and dissolved oxygen of the lake, which in tum can influence the type and abun- dance of fist[. 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 spurs or leaks associated with the transfer of gasoline near the lake. Plant Communities Boats impact plant communities (macmphytes) either dhectly, through contact with the propeller and boat hull, or indirectly through turbidity and wave damage. Propellers chop off plant shoots and uproot whole plants in shallow water, and increased turbid- ity from boat activity may limit the light available for plants and limit where plants can grow. Increased waves may limit the growth of emergent species, such as cattail, bulrushes and sedges. Finally, boats may transport exotic species, such as Eurasian water- mllfotl from one lake to another. Aquatic plants perform many important ecosystem functions, indud- ing habitat for fish, wildlife, and minute invertebrate animals that are important to the food chain. Plants also stabilize the lake -bottom sedl- ments, protect shorelines by providing a buffer between the shoreline and open water, cycle nutrients it the water to maintain water clarity, and are food for many organisms. Shoreline erosion Boat wakes create waves that an lead to shoreline erosion, especially In areas where shoreline vegetation has been removed or the bank is compacted. Wave height and other wave charac- teristics vary with speed, type of water- craft., engine size, and distance from shore. Propeller turbulence from boats operating in near -shore areas may erode shorelines by destabilizing the bottom. Shoreline erosion may affect water clarity In near -shore areas, shading submerged aquatic plants as well as providing nutrients for algal growth. It an interfere with fish use of shallow water habitat, as well as wildlife use of the land -water edge. Excessive shoreline erosion an negatively affect property values and an 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 or spills may be toxic ; 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 numbers, can be an indicator of ecosys- tem health. Plus, fisheries are an Impor- tant resource for food and recreation. Any human activity that affects water quality and habitat has the potential to affect fish populations. continued on page 7 RETURN TO PAGE 1 Page 6 M6horlmod VVONvaRr 02* aid tfi mPagis 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 [tear feeding grounds or breeding areas, may prevent certain species from repro- ductive success. ®Noise or harassment -- may cause loons and other wildlife to vacate nests, leaving the eggs or young vulnerable to predators. Indirect effects may Include the destruction of habitat or food sources in the shallow areas, or impaired water quality. Summary While the effects of boats on aquatic systems are complex and depend on a number of factors, a few general obser- vations can be made. First, the physical effects of propeller, waves, and turbulence appear to be more of an Issue than engine fuel discharge. Water clarity, aquatic plant disturbance, and shoreline erosion are all serious issues that can be accelerated by boat traffic. Second, most of the Impacts of boats am felt directly in shallow waters (less than 10 feet deep) and along the shoreline of lakes and rivers not exposed to high winds (less than 1000 feet of open water). Third, these effects can have reper- cussions for other features of the aquatic ecosystem, Including the fish and wildlife community and nutrient status. These observations all Indicate that the most important area of a lake to protect is the shallow water, near - shore habitat known as the littoral zone. Boats that operate in deep waters with large surface areas are not likely to be Impacting the aquatic ecosystem. There are still a number of unknowns regarding motorboat Impacts on aquatic systems. Most of the studies in the Wisconsin report focus on the short-term or acute impacts of boat activity. It is still not clear what role boats can play in the long-term changes of a water body, i.e. changes in the plant community, over- all water quality, or fish and wildlife use. Many other factors influence these same features and may have changed along with the Increased boat activity. What can we do? 1. Establish No -Wake Zones. Given that most Impacts of boats are exhibited in shallow -water, near -store areas, protecting these areas with no - wake zones would be the most effective way of reducing Impacts. No -wake zones have a dual benefit of both slow - Ing boats down and directing traffic elsewhere. Extending a no -wake zone to 200 or even 300 feet has the most potential to protect the littoral zone and help reduce shoreline erosion. 2. Establish Restricted Areas. In some cases, protection of aquatic resources may require restricting all boat activity, not just speed. Boats can still disturb plants, sediments, and wildlife at no -wake speeds. To adequately protect waterblml feeding and nesting areas, a 'buffer zone of at least 300 feet has been suggested, In which ail human activity Is restricted. 3. Enforcement and Education. Many of the environmental problems associated with boat activity could be resolved with better enforcement of existing ordinances or regulations and by promoting awareness among boaters. Slow -no -wake zones are often Ignored, or the impacts of boats are misunderstood. It is also Important to inform boaters about the Importance of plants, littoral zones, and natural shore- lines and how their activities may affect the aquatic ecosystem. 4. New Boat Technology. All two- stroke engine manufacturers, including traditional outboard motors and PWCs, must reduce air emissions by 75 percent by the year 2025. Most manufacturers have already introduced cleaner -burning two-stroke motors for both motorboats and PWCs. Four-stroke engines, which use fuel more efficiently, produce cleaner exhaust, and run more quietly than traditional two-stroke engines, are becoming much more common. For more information, see the hull report at httpllwww.&2 state.wi.usiorgl waterAp/papers4aket. pdf Ma hmnis s of Impae:e e�rrm e,ae�a owe ,.e [,e,r rr mew ren.. wrra. ran. ro.�r wr a.,sr w.r. o.ra am. pwe,uw) 8 sw.r. owe n+ enr) w.a rrtryr ea. mass �W Shaded areas indicate where "mechanisms" have an "effect." RETURN TO PAGE 1 Page 7 I0t;O Boat Access #' p�I CHANHASSEN r, Q C.,%Trket Boulevard ° E55� rip .0. Box 147 assen, Minnesota 55317 Lab MlnneweeM',l y y�5 P Pa opo \,,�' .vww.c1.chanhassen.mn.us T AD kcinsen L1CCE��51p� MN 5'� 3'�i This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records. intonation and data located in various city, county, state and federal offimsan i other. adult@; regartling the area shown, and is to be used for reference ... purposes only: The Qty does riolrmneit}Nief aphleinbnnaerorr9yalem{6191 to prepare this nap are error fretha ity does t represent that the GIS Data can be used for navigational, trwWng orany otherj'purpo ng enacting measurement of distance or direction or precision In the depiction raphe lures. 11 smo s or discrepancies are found please contact 952-227-110]. The p e 1 mer is provided pursuant to Minnesota 6ile6 g48Cg3,•Sobd; 24 (OW) end the user d,fhi map acknowledges that the City shall not Abe a for arry darrages,'and expressly waives alftvihirre, and agrees to defend, indemnity, and ^Igldhemtleas the City from any and all claims brought by User, its employees or agents, or third —NUNNEWASH7A HEIGHTS 6340 ELM TREE AVE EXCELSIOR MN 55331 parties which arise out of the users access wuse of dd%034".i 184WZ 19' i0147 It'fln�llnl�It L 0 1�1�+ yJi v, I Ootice of Public Hearing 0 Chanhassen Planning Commission Meeting Date & Time:Tuesda , February1, 2005 at 7:00 .m. Location: Cit Hall Council Chambers, 7700 Market Blvd. Proposal: Request for amendment to Conditional Use Permit No. 75-2 to eliminate the horsepower restriction at Boat Access #1 Planning File: ,r, 04-37 Applicant: Carver County Parks Property Lake Minnewashta Regional Park Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the Proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 5:00 a.m. to 4:30 p.m., Monday through Friday. if you wish to talk to someone about this project, please contact Josh Metzer, Planner I at 952 -227 - Questions & 1132 or e-mail imetzer@ci.chanhassen.mn.us. If you choose Comments: to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at http://206.10.76.6/weblink the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or parry the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciavindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within BG days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduang for the City Council meeting. • A neighborhood spokespersontrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Plannina staff person named on the notification. lei `T41e �S Lake Mlnnewashta r 'ry JIQI 7 C S CITY OF CHANHASSEN ' y' ` '' `' E a 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.d.chanhassennn.us 'his map Is neither a legally recorded map nor a survey and is not Intended to be used as one. this map is a compilation of records, information and data located in various city, county, state and eCeral-� and.psepsaurceeKvgaNia94baarvaj iab-0a..uwtl.fa-rekreuca-.. iuMoses only. The City does not warrant that Geogration System (GIS) Data used o prepare this map are error free, and Ih�-SThat the GIS Data can be used or navigational, tacking or any other purpos- r iinmeasurement of distance or Iirection or precision in Ne degcaon of geograVkludfeam or discrepancies are found )lease contact 952-227-1107. The preceding dfsal�iided pursuant to Minnesota tatules,§46(1 Subd. 41 (2080), wit Me babr'of this map vdinowtedges that the City shall not ,e liable for any damages, -and expressly waives all claims. and grees to defend, indemnity, and E cold ham less the City from any and all claims brouggt Vtagpy5� 1�i nudes which anse out of the users access or use of daa}taprovided. ��7 NIXIE 683 1 06 02/06/03 RETURN TO SENDER NOT DEUNAEBLLEBTo FORWARDESSED ®C: 58317014747 *'0370-07132-06-01 tJ11n1,1u111nnI11n,llln,nlll,lultntl,lulln11111n1 • — ` MINNEWASHTA HEIGHTS ASSN C/O JOHN WARREN, TREAS 6340 ELM TREE AVE EXCELSIOR MN 55331 Ll�it.IattMitt.H„t�ttltli,1,111161Its 11AIJ11tttt ild NOTICE AN INVITATION FOR PUBLIC COMMENT JANUARY 13,2005,7-8 P.M. • CHANHASSEN RECREATION CENTER 2310 COULTER BOULEVARD PROPOSED CONDITIONAL USE AMENDMENT ELIMINATING THE 10 -HORSEPOWER RESTRICTION FOR BOAT ACCESS #1 AT LAKE MINNEWASHTA REGIONAL PARK Carver County Parks requests the City of Chanhassen amend the conditional use permit with the County for Lake Minnewashta Regional Park. The request is to drop the 10 -horsepower motor restriction at Boat Access #1 located in the park. The County will continue to sign Boat Access #1 and the area known as Little Mini as a no wake zone. The County requests the amendment for the following reasons: • The existing no wake zone eliminates the need for a horsepower restriction and is more sensitive to erosion concerns caused by any boat. • • Few boat motors are less than 10 horsepower. • The restriction is rat observed by the public. • The restriction can not reasonably be enforced or managed. L • It is not cost effective to enforce the restriction. • Boats of varying sizes use boat access #1 during periods of low lake elevation due to the greater water depth at this access. All questions and concerns should be directed to Carver County Parks, Martin Walsh at 952-466-5252. .. � \ 0 04-J � ) � � � U MW � NOTICE AN INVITATION FOR PUBLIC COMMENT JANUARY 13,2005,7-8 P.M. • CHANHASSEN RECREATION CENTER 2310 COULTER BOULEVARD PROPOSED CONDITIONAL USE AMENDMENT ELIMINATING THE 10 -HORSEPOWER RESTRICTION FOR BOAT ACCESS #1 AT LAKE MINNEWASHTA REGIONAL PARK Carver County Parks requests the City of Chanhassen amend the conditional use permit with the County for Lake Minnewashta Regional Park. The request is to drop the 10 -horsepower motor restriction at Boat Access #1 located in the park. The County will continue to sign Boat Access #1 and the area known as Little Mini as a no wake zone. The County requests the amendment for the following reasons: • The existing no wake zone eliminates the need for a horsepower restriction and is more sensitive to erosion concerns caused by any boat. • Few boat motors are less than 10 horsepower. • • The restriction is not observed by the public. • The restriction can not reasonably be enforced or managed. • It is not cost effective to enforce the restriction. • Boats of varying sizes use boat access #1 during periods of low lake elevation due to the greater water depth at this access. All questions and concerns should be directed to Carver County Parks, Martin Walsh at 952-466-5252. Ll CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 04-37 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, February 1, 20D5, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a 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. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing andexpresstheiropinfons withrespect to this proposal. Josh Metzer, Planner I Email: imetzer(axJ rb_anbas_cen IDn L9 Phone: 952-227- 1132 (Published in the Chanhassen Villager on Thursday, January 20, 2005; No. 4347) 0 Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrstu ryz Laurie A. Hartmann Subscribed and sworn before me on tz this day of 2005 ee Notary Public OWEN M. RADUENZ NOTARYPUBLIC MINNESOTA My Commtswn Expires Jan. 31.21105 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch Maximum rate allowed by law for the above matter ......................._...... $22.00 per column inch Rate actually charged for the above matter ........................................... $11.18 per column inch SCANNED TROLLS -GLEN HOMEOWNERS ASSN C/O REV ROBERT JOHNSON 7501 WEST 77TH CITY OF (CHASKA MIN 5531 gTREET 7700 Ma P.O. DUn l9f Chanhassen, Minnesota 55317 www.b.chanhassen.mn.us Finis map Is neither a legally recorded map nor a survey and is not Intended to be used as one. Phis map is a compilation of records, Information and data located in various city, county, state and ederal offices and other sources regarding the area shown, and is to be used for reference rurposes only. The Gly does not wanant that the Geog_raphif.InfappaUpn System (GLS) Datauced - a prepare thus mall see error free, -and the City does not represent that the GIS Data can be used or navigational, tracking or any other purpose requiring erecting measurement of distance or Iirection or precision in the depiction of geographic features. If errors or discrepancies are found lease contact 952-227-1107. The preceding disdaimer is provided pursuant to Minnesota itatutes §466.03. Subd. 21 (2000), and the user of Nis map acknowledges that the City shall not ,e liable for any damages, and expressly waives all daims, and agrees to defend indemnity, and cold harmless the City from any and all claims brought by User, its employees or agents, or third iarlies which ansa out of the usees access or use of data provided. E83177.0147 ___ ... 653-_.. ........�_....... Ni%yB TO RETURN SENDER DELIVERABLE ADDRESSED NOT E TO AS UNABL4S BC: 88317014747 +0370-00260-10- �1�l�n�l�u1��1111��nr��nru 1'I rl n'I u1111u1'11l'1I�111 W TROLLS -GLEN HOMEOWNERS ASSN JTr .. C/O B F SCHNEIDER, TREASURER / PO BOX 103 CHANHASSEN MN 55317 NOTICE AN INVITATION FOR PUBLIC COMMENT JANUARY 13, 2005, 7-8 P.M. CHANHASSEN RECREATION CENTER 2310 COULTER BOULEVARD PROPOSED CONDITIONAL USE AMENDMENT ELIMINATING THE 10 -HORSEPOWER RESTRICTION FOR BOAT ACCESS #1 AT LAKE MINNEWASHTA REGIONAL PARK Carver County Parks requests the City of Chanhassen amend the conditional use permit with the County for Lake Minnewashta Regional Park. The request is to drop the 10 -horsepower motor restriction at Boat Access #1 located in the park. The County will continue to sign Boat Access #1 and the area known as Little Mini as a no wake zone. The County requests the amendment for the following reasons: • The existing no wakone eliminates the need for a horsepower restriction and is more sensitive to erosion concerns caused by any boat. • Few boat motors are less than 10 horsepower. • The restriction is not observed by the public. • The restriction can not reasonably be enforced or managed. • It is not cost effective to enforce the restriction. • Boats of varying sizes use boat access #1 during periods of low lake elevation due to the greater water depth at this access. All questions and concerns should be directed to Carver County Parks, Martin Walsh at 952-466-5252. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Carver County Parks for an amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park, west of Highway 41, north of Ches-Mar Farm Road and east of Lake Minnewashta — Planning Case No. 04-37. On February 1, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Carver County Parks for an amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park, west of Highway 41, north of Ches-Mar Farm Road and east of Lake Minnewashta. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential (RR). 2. The property is guided by the Land Use Plan for Park/Open Space. 3. The legal description of the property is: S 1h of NW 1/4 of Section 4; S 1/n of Section 4; NE 1/4 of SE 1/4 of Section 5; N 1/z of NW 1/4 of Section 9, Township 116, Range 023. 4. The Planning Commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: a. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. 5. The planning report #04-37 conditional use permit amendment dated February 1, 2005, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission approves the amendment to Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park. ADOPTED by the Chanhassen Planning Commission on this 1st day of February, 2005. CHANHASSEN PLANK G COMMISSION BY: Z' Planning Commission Chairperson gAplan\2004 planning cascs\04-37 - minnewashm regional park 75.2 cup ameodm Afindings of fac[.doc 2 Minnesota Statutes 2004, 86B.205 Page 1 of 3 Minnesota Statutes 2004 Table of Chapters Table of contents for Chapter 86B 86B.205 Water surface use ordinance. Subdivision 1. Assistance. The commissioner shall develop and publish guidelines to assist counties adopting water surface use ordinances for waters within their jurisdiction. Subd. 2. Surface use ordinances. (a) A county board may, by ordinance, regulate the surface use of bodies of water located entirely or partially within the county and not located entirely within the boundary of a single city or lake conservation district established by law. (b) If a body of water is located within more than one county, a surface use ordinance is not effective until adopted by the county boards of all the counties where the body of water lies under section 471.59 or placed into effect by order of the commissioner under subdivision 9. (c) With the authorization of an affected city or lake conservation district, a county board may assume and exercise the powers in subdivisions 2 to 5 with respect to bodies of water lying entirely within that city or lake conservation district. The regulation by the county of the surface use of a portion of a body of water located within the boundary of a city must be consistent with any city regulation existing on May 25, 1973, of the surface use of that portion of the body of water. After January 1, 1975, the ordinance must be consistent with the provisions of this chapter and rules of the commissioner under this chapter. subd. 3. Prior ordinances invalid without approval. A surface use zoning ordinance adopted under subdivisions 2 to 5 by a local governmental unit after May 25, 1973, is invalid unless it is approved by the commissioner. Subd. 4. Approval of ordinances. A proposed surface use zoning ordinance must be submitted to the commissioner for review and approval before adoption. The commissioner must approve or disapprove the proposed ordinance within 120 days after receiving it. If the commissioner disapproves the proposed ordinance, the commissioner must return it to the local governmental unit with a written statement of the reasons for disapproval. Subd. 5. County regulatory authority. A county board may: (1) regulate and police public beaches, public docks, and other public facilities for access to a body of water, except: (i) regulations are subject to subdivision 6; (ii) a county board may not regulate state accesses; and http://www.revisor.leg.state.mn.us/stats/86B/205.htmi 1/21/2005 • • c4-3-7 CHANHASSEN PLANNING COMMISSION REGULAR MEETING February 1, 2005 Chairman Sacchet called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Uli Sacchet, Rich Slagle, Kurt Papke, Steve Lillehaug, Dan Keefe, Debra Larson and Jerry McDonald STAFF PRESENT: Sharmeen A]-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 2762 Piper Ridge Lane, Excelsior Scott A. Smith Carver County PW Engineer Martin Walsh Carver County Park Kurt Papke 1131 Homestead Lane Hud Hollenback 6330 Elm Tree, Excelsior Arnold W. Bed 3860 Lone Cedar Lane, Chaska Karen & Gary Peterson 3632 Hickory Lane Judy Berland 6900 Minnewashta Parkway B.J. Greer 2771 Piper Ridge Lane, Excelsior Dean Barta 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. 0 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 Mime 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? Al -Jaffa If you have the no wake, that basically will mitigate any or at least lessen environmental impacts. Sacchet: Lessen, okay. Ahight. 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 first 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. 03MIlADO 0 0 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 any one 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 fiankly 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 Hiles rather than trying to enforce a rule that applies essentially 10 boats that park at any one 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? 0 0 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 ruthless 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 of the 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 permit 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 ahnost 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 camping. 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. 0 0 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 of the 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 0 0 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 any one 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. Ame 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 of Washta 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 40' 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? Ame 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. 0 0 Planning Commission Meeting - February 1, 2005 Arne Hed: 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 Hed: 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. Ame Hed: 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 if they'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 Hed: 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. He 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 yachts 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 Hed: 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 0 0 Planning Commission Meeting — February 1, 2005 doing on the lake with big motors, you're going to lose that water. In fact the Minneapolis paper had the Minnewashta as one of the 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. We are 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 tremendous 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 a big 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 0 0 0 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 Mime. 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 tum. State your name and address for the record and let us know what you have to say. Gary Peterson: 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 cahn 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 n LA Planning Commission Meeting — February 1, 2005 0 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 of the 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: Ahight. 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 tum. 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 34 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 of the 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 of the 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 rump 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 0 0 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 fidl 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 may or 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 0 0 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 0 0 Planning Commission Meeting— February 1, 2005 Lillehaug: 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 of that 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 terms 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 0 0 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'm just 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: At fight. 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 terms 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 0 0 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 fust 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'm just getting to be a hard head. 1 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 of it's clarity. Hud Hollenback: They've done a heck of a job. 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 meanwhat 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. B.J. Greer: B.J. 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 fording 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 0 0 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 B.J. 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, thank you very much. Ahight, 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 if there'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 if 95% of the traffic, and I'm not sure if 17 0 0 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 off the 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 of those 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 of it'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. Mime 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 I" 0 0 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) of the 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 0). 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 #752, Section 6.04, Lake Access based on the Findings of Fact with the following condition: 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 280'1 believe. Metzer: It's the 28h. Sacchet: The 28'". That's accurate, okay. Thank you very much. PUBLIC HEARING: REQUEST FOR WETLAND ALTERATION PERMIT TO FH.L .11 ACRES OF TYPE 3 AND .01 ACRES OF TYPE 2 WETLAND FOR ROAD HVIPROVEMENT 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. 0507. 19 Metzer, Josh From: Haak, Lori Sent: Tuesday, January 25, 2005 3:17 PM To: Metzer, Josh Cc: Asleson, Don Subject: FW: Minnewashta input from Daryl Ellison -----Original Message ----- From: Julie Ekman [mailto:julie.ekman@dnr.state.mn.us] Sent: Tuesday, January 25, 2005 1:13 PM To: Haak, Lori Subject: Minnewashta input from Daryl Ellison Hi Lori, Daryl called and said that the bay provides good bass habitat. He also pointed out 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. Julie Minnesota Statutes 2004, 86B.205 (iii) a municipality may by ordinance preempt the county from exercising power under this subdivision within its jurisdiction; (2) regulate the construction, configuration, size, location, and maintenance of commercial marinas and their related facilities including parking areas and sanitary facilities in a manner consistent with other state law and the rules of the commissioner of natural resources, the Pollution Control Agency, and the commissioner of health, and with the applicable municipal building codes and zoning ordinances where the marinas are located; (3) regulate the construction, installation, and maintenance of permanent and temporary docks and moorings in a manner consistent with state and federal law, permits required under chapter 103G, and sections 86B.111 and 86B.115; (4) except as provided in subdivision 6, regulate the type and size of watercraft allowed to use the body of water and set access fees; (5) subject to subdivision 6, limit the types and horsepower of motors used on the body of water; (6) limit the use of the body of water at various times and the use of various parts of the body of water; (7) regulate the speed of watercraft on the body of water and the conduct of other activities on the body of water to secure the safety of the public and the most general public use; and (8) contract with other law enforcement agencies to police the body of water and its shore. rbody. . 6. Public access restrictions. The county ust allow the same types and sizes of watercraft and wer of motors to access and enter the lake or water body generally allowed to be operated on the lake or water Special use exceptions that are not dependent on re or property ownership may be granted by permit. Subd. 7. County acquisition of public access. A county board may acquire by purchase, gift, or devise land for public access to a lake or stream and may improve the land as a park or playground if the land is less than ten acres and is contiguous to the meander line of a navigable lake or stream wholly or partly within the county and not entirely within the corporate limits of a city. Subd. 8. Advisory assistance. The county board may invite any municipal council or town board or the soil and water conservation district board of supervisors or watershed district board of managers to designate a representative to advise and consult with the county board on water use regulation and improvement. Subd. 9. Watercraft use rules for local craters. (a) On request of a county, city, or town, the commissioner may, Page 2 of 3 http://www.revisor.leg.state.mn.us/stats/86B/205.html 1/21/2005 Minnesota Statutes 2004, 86B.205 Page 3 of 3 after determining it to be in the public interest, establish rules relating to the use of watercraft on waters of this state that border upon or are within, in whole or in part, the territorial boundaries of the governmental unit. (b) The rules shall be established in the manner provided by sections 14.02 to 14.62, but may not be submitted to the attorney general nor filed with the secretary of state until first approved by resolutions of the county boards of a majority of the counties affected by the proposed rules. (c) The rules may restrict: (1) the type and size of watercraft and size of motor that may use the waters affected by the rule; (2) the areas of water that may be used by watercraft; (3) the speed of watercraft; (4) the times permitted for use of watercraft; or (5) the minimum distance between watercraft. (d) When establishing rules, the commissioner shall consider the physical characteristics of the waters affected, their historical uses, shoreland uses and classification, and other features unique to the waters affected by the rules. (e) The commissioner shall inform the users of the waters of the rules affecting them at least two weeks before the effective date of the rules by distributing copies of the rules and by posting of the public accesses of the waters. The failure of the commissioner to comply with this paragraph does not affect the validity of the rules or a conviction for violation of the rules. (f) The cost of publishing rules and of marking and posting waters under this subdivision shall be paid by the counties affected by the rules, as apportioned by the commissioner. (g) Regulations or ordinances relating to the use of waters of this state enacted by a local governmental unit before January 1, 1972, shall continue in effect until repealed by the local governmental unit or superseded by a rule of the commissioner adopted under this subdivision. HIST: 1990 c 391 art 9 s 10 Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.mn.us/stats/86B/205.html 1/21/2005 (Boat Access 1111 Lake Mlnnawashta 4yy\ "+s This map is neither a legally recorded map nor a survey and Is not intended to be used as one. This map is a compilation of records, information and data lasted in various city, county, stale and federal offices and other sources regaining the area shown, and is to be used for reference purposes only. The City coos hot warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracliing or any other purpose repulnng enacting measurement of distance or direction or precision in the depiction of geographic features. If enors or decrepancies are found please contact 9522274107. The preceding disclaimer is provided pursuant to Minnesota Statutes §465.03, Subc. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and ail claims brought by User, as employees or agents, or third parties which arise out of the user's access Or use of dap 0.°W1f°9- Z T tI 1 a S Ll ?- 5B3 3.77 %014-7 58317%,0147 0 CITY OF CHANHASSEN 770n M9rkpt Rnulpvord Chanhi Ms. Alyce Fuller www.( Red Cedar Cove Association 7075 Red Cedar Cove Excelsior, MN 55331 °.13�� W 1 l \XV NIXIE 5.53 1 06 01/22/06 RETURN TO SENDER ATTEMPTED UNABLE TO FORWARD WN BC: 35317014747 *1376-04236-20-42 11111 u�11n111nnlllutlllnnnll tl ulln111�nllut�1I1111 RED CEDAR COVE TOWNHOUSE ANK PO BOX 181 EXCELSIOR MN 55331 IrLIrJJ,IrIIrrJLt,rIIllrrrrrrllltrlrt,rlllrlLr,rllrlr,ll Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 1, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for amendment to CondRional Use Permit No. 75-2 to eliminate the horsepower restriction at Boat Access #1 Planning File: 04-37 Applicant: Carver County Parks Property Lake Minnewashta Regional Park Location: I A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of tRe proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e - Questions & mail imetzer@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at htto://206.10.76.6twebiInk the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit. Developments, site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any Interested parry is invited to attend the meeting. • Staff prepares a report or- the subject appfication that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or party the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote Of the City Council except rezonings and land use amendments from residential to commercial/Industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/rOresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. It you wish to have somethi to be included in the report, please contact the Plannino Staff Denscm named on the notification. 101 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on January 7, 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 Invitation for Public Comment on Proposed CUP Amendment to Boat Access #1 at Lake Minnewashta Regional Park 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. Kare J. EngelWdt, Dep9y Clerk Subscribed and sworn to before me this 1144� day of 2005. Notary P blic g:leng\don\administntive\notice of amendment boat access meeting notice affidavit of mailing.doc =fiCM1nne90tEk M10 NOTICE AN INVITATION FOR PUBLIC COMMENT JANUARY 13, 2005, 7-8 P.M. CHANHASSEN RECREATION CENTER 2310 COULTER BOULEVARD PROPOSED CONDITIONAL USE AMENDMENT ELIMINATING THE 10 -HORSEPOWER RESTRICTION FOR BOAT ACCESS #1 AT LAKE MINNEWASHTA REGIONAL PARK Carver County Parks requests the City of Chanhassen amend the conditional use permit with the County for Lake Minnewashta Regional Park. The request is to drop the 10 -horsepower motor restriction at Boat Access #1 located in the park. The County will continue to sign Boat Access #1 and the area known as Little Mini as a no wake zone. The County requests the amendment for the following reasons: • The existing no wake zone eliminates the need for a horsepower restriction and is more sensitive to erosion concerns caused by any boat. • Few boat motors are less than 10 horsepower. • The restriction is not observed by the public. • The restriction can not reasonably be enforced or managed. • It is not cost effective to enforce the restriction. • Boats of varying sizes use boat access #1 during periods of low lake elevation due to the greater water depth at this access. All questions and concerns should be directed to Carver County Parks, Martin Walsh at 952-466-5252. NOTICE AN INVITATION FOR PUBLIC COMMENT JANUARY 13, 2005, 7-8 P.M. CHANHASSEN RECREATION CENTER 2310 COULTER BOULEVARD PROPOSED CONDITIONAL USE AMENDMENT ELIMINATING THE 10 -HORSEPOWER RESTRICTION FOR BOAT ACCESS 41 AT LAKE MINNEWASHTA REGIONAL PARK Carver County Parks requests the City of Chanhassen amend the conditional use permit with the County for Lake Minnewashta Regional Park. The request is to drop the 10 -horsepower motor restriction at Boat Access #1 located in the park. The County will continue to sign Boat Access #1 and the area known as Little Mini as a no wake zone. The County requests the amendment for the following reasons: • The existing no wake zone eliminates the need for a horsepower restriction and is more sensitive to erosion concerns caused by any boat. • Few boat motors are less than 10 horsepower. • The restriction is not observed by the public. • The restriction can not reasonably be enforced or managed. • It is not cost effective to enforce the restriction. • Boats of varying sizes use boat access #1 during periods of low lake elevation due to the greater water depth at this access. All questions and concerns should be directed to Carver County Parks, Martin Walsh at 952-466-5252. IC aGle a15 Moat Access #tl Lake xinnawashla his map is neither a legally recorded map nor a survey and is not intended m be used as one. Us map is a mWilation of records, information and data located In various City, candy, state and :deal offices and other sources regarding the area shmvn, and is to be used for reference urposes will. The City does not warrant Mat the Geographic Information System (GIS) Data used r prepare this map are enor free, and the City does not represent that Me GIS Data can be used x navigational, backing or any Mer purpose regumng exacting measurement of distance or irecOon our precision in Me depiction of geographic features. 9 errors or dsespand es are found lease contact 952-227-1107. The preceding disclaimer is provided pursuant to Mmesota tatutes §466.03. Subd. 21 (2000), and the user of this map acknowledges Mat the City shall not e liable for any damages, and expressly waives all daims, and agrees to defend. Manually. and old harmless the City from any and all claims brought by User, its employees or agents, or third artier which Mse call of the user's access or use of data provided. lisclaimer his map is neither a legally recorded -rep nwr a survey and is not intended to be used as one. his map is a completion of moulds. inlamadan and data located in various city, County. slate and deal offices and other sources regarding the area shown, and is to be used for refeekeoe urposes only. The City does not wanent that the Geographic Information System (GIS) Data Wed I prepare this map are error free, and Me City does M represent Itat the GIS Deb can be used a navigational, Uaaking or any other puryose lepi-ig exacting measurement of disbnce or erection or I re sion in the depiction of geographic features. a Inas or discrepancies; are found lease contact 952-227-1107. The preceding disclaimer is provided pvsumt to Mrnesota bMes §466.03, Subd. 21 (2000), and the user of this nap acknoMedges Mat Me City stall -at s liable for any damages, and expressly, waives all claims, and agrees to defend. indemJty, and old harness the City from any and M claims brought by Uses, its employees or agents, or Itxrd srties w Ich arise out of the user's access or use of dab provided. ABRAHAM & DOROTHY ABBARIAO 3750 ARBORETUM BLVD PO BOX 26 CHANHASSEN MN 55317 ESTATE OF HARRY/LOUISE AHRENS C/O JERRY TESCHENDORF 14010 CENTER DR W LAKEWOOD CO 80228 BRAHAM & DOROTHY ABBARIAO 750 ARBORETUM BLVD O BOX 26 :HANHASSEN MN 55317 1ARK E AMBROSEN & ,NN C SENN 830 MAPLE SHORES DR .XCELSIOR MN 55331 .EE ANDERSON 'LEASANT ACRES HOME OWNERS ;651 MINNEWASHTA PKY XCELSIOR MN 55331 :HARLES F & VICKI L ANDING 5601 MINNEWASHTA PKY XCELSIOR MN 55331 1ENRY & DOLORES A ARNESON TRUSTEES OF TRUST 13791 TONBRIDGE CT BONITA SPRINGS FL 34135 DEAN J & JILL R BARTA 3837 RED CEDAR POINT RD EXCELSIOR MN 55331 DOUGLAS M & JODI B BERG 3471 SHORE DR EXCELSIOR MN 55331 JAMES R & SHERYL A BJORK 3900 LONE CEDAR CIR CHASKA MN 55318 BOYER BUILDING CORP 3435 CO RD 101 MINNETONKA MN 55345 ESTATE OF HARRY/LOUISE AHRENS THOMAS & MARY ALLENBURG C/O JERRY TESCHENDORF 6621 MINNEWASHTA PKY 14010 CENTER DR W EXCELSIOR MN 55331 LAKEWOOD CO 80228 DOUGLAS B & JAMIE ANDERSON 3607 RED CEDAR POINT RD EXCELSIOR MN 55331 LEE R ANDERSON TRUSTEE OF TRUST 6651 MINNEWASHTA PKY EXCELSIOR MN 55331 MARIANNE I & RICHARD B ANDING TRUSTEES OF TRUST 3715 SOUTH CEDAR EXCELSIOR MN 55331 MARY JO ANDING BANGASSER 8321 VIEW LN EDEN PRAIRIE MN 55347 JOHN P BAUMTROG & ILENE M LEISTER 3738 HICKORY RD EXCELSIOR MN 55331 RICHARD A & JUDITH F BERLAND 6900 MINNEWASHTA PKY EXCELSIOR MN 55331 GREGORY BOHRER 3706 HICKORY RD EXCELSIOR MN 55331 BOYER LK MINNEWASHTA HOMEOWNER C/O BOYER BUILDING CORP 3435 CO RD 101 MINNETONKA MN 55345 HAZEL P ANDERSON & DARYL D ANDERSON 2851 WASHTA BAY RD EXCELSIOR MN 55331 MICHAEL DEAN ANDERSON 7140 HAZELTINE BLVD EXCELSIOR MN 55331 RICHARD B & MARIANNE F ANDING 3715 SOUTH CEDAR EXCELSIOR MN 55331 DOUGLAS J & CAROLYN A BARINSKY 3719 SOUTH CEDAR EXCELSIOR MN 55331 EVELYN Y BEGLEY 3701 SOUTH CEDAR EXCELSIOR MN 55331 MARTIN & JANET L BEUKHOF 3451 SHORE DR EXCELSIOR MN 55331 FRANCES T BORCHART 7331 MINNEWASHTA PKY EXCELSIOR MN 55331 JAMES & RUTH A BOYLAN 6760 MINNEWASHTA PKY EXCELSIOR MN 55331 PETER T & DEANNA O BRANDT WILLIAM C & JUDITH L BRITT SCOTT A BRAIN & N 7570 DOGWOOD RD 6460 TANAGERS PT SHARON L CEDAR EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHA LONE CEDAR CIR HASKA MN 55318 ROBERT E BRUERS RODNEY & GINGER B CLARKSON WILLIAM P & MARGARET COLDWELL 7054 RED CEDAR CV 3894 LONE CEDAR CIR 3501 SHORE DR EXCELSIOR MN 55331 CHASKA MN 55318 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 C/O JOHN GETSCH 5404 GLENGARRY PKY EDINA MN 55436 STEPHEN M GUNTHER & HELEN KATZ-GUNTHER 3628 HICKORY RD EXCELSIOR MN 55331 GETSCH CORP C/O DANIEL GETSCH 1069 DORLAND RD S MAPLEWOOD MN 55119 ALAN H & KAREN L DIRKS 7431 DOGWOOD EXCELSIOR MN 55331 STEVEN D & JUDY L EMMINGS 6350 GREENBRIAR EXCELSIOR MN 55331 JOHN & JOYCE FOLEY C/O 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 JEROME E COVENY 2921 WASHTA BAY RD EXCELSIOR MN 55331 BIRUTA M DUNDURS 3627 RED CEDAR POINT RD EXCELSIOR MN 55331 KEVIN T & MAUREEN S FARRELL 6541 MINNEWASHTA PKY EXCELSIOR MN 55331 KENT J & JULIE A FORSS 3850 MAPLE SHORES DR EXCELSIOR MN 55331 SCOTT P & LAURIE A GAUER 3820 LONE CEDAR LN CHASKA MN 55318 GETSCH CORP C/O MARJORIE GETSCH 7530 DOGWOOD RD EXCELSIOR MN 55331 JAMES 0 JR & CHRISTAN GINTHER 3611 IRONWOOD RD EXCELSIOR MN 55331 WAYNE S HAGEN 3421 SHORE DR EXCELSIOR MN 55331 MICHAEL A SR & TONI L HALLEEN ANNALEE MARIE HANSON E J HANSON HARD A & DARLEN MICHAEL JR & STEPHANIE HALLEEN TRUSTEE OF TRUST RICHARD CRIMSON BAY N 3351 SHORE DR 6400 GREENBRIAR EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHASKA MN 55318 VEN P & LAURIE A HANSON JONATHAN D & KRISTI K HARRIS WILLIAM IL SOUTH CEDAR CAMPBELL DR 3241 DARTMOUTH DR 'KINS MN 55343 EXCELSIOR MN 55331 EXCELSIOR MN 55331 HRYN B HAWORTH DAVID R BARBARA M HEADLA ARNOLD & CAROL M HED JSTEE OF TRUST 6870 MINNEWASHTA PKY 3860 LONE CEDAR CIR 4 RED CEDAR CV EXCELSIOR MN 55331 CHASKA MN 55318 '.ELSIOR MN 55331 fRICIA J HEGMAN RICKY A & TOMASA HELLING 1 SHORE DR 11983 NORTH 135TH WAY EXCELSIOR 3707 SOUTH CEDAR CELSIOR MN 55331 SCOTTSDALE AZ 8525955331 ,NIEL J & KAREN A HERBST CAROL HERGOTT DAVID C & DONNA B HOELKE3621 IRONWOOD RD 40 CRIMSON BAY RD 7098 RED CEDAR CV {ASKA MN 55318 EXCELSIOR MN 55331 EXCELSIOR MN 55331 HOLZER TRUST 2003 _LEN R & CARRIE A HOFFMAN KEVIN R & MARY E HOFFMAN C/O W AYNE A HOLZER '32 HICKORY RD 6631 MINNEWASHTA PKY 2911 WASHTA BAY RD {CELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 OBERT & CAROL HOLZINGER BRUCE J & JEANNINE T HUBBARD WILLIAM D & DEBRA J HUMPHRIES RUSTEES OF TRUST 2841 WASHTA BAY RD 3890 LONE CEDAR CIR 038 RED CEDAR CV EXCELSIOR MN 55331 CHASKA MN 55318 XCELSIOR MN 55331 'ER & E LAURIE JACOBSON GREGG R & GAY MARIE JANDRO WAY7096 RED JESKE DAR CV :840 TANAGERS LN 3896 LONE CEDAR LN XCELSIOR MN 55331 CHASKA MN 55318 EXCELSIOR MN 55331 )ANA L JOHNSON JEFFREY L & MICHELLE A JOHNSON LINDA L JOHNSON AR 3629 RED CEDAR POINT RD EXC EXCELMINNESIOR N 553HTA PKY EXCEL3705 SIOR OR MN UTH D55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 THOMAS C & JACQUELINE PAUL R & MARY K JOHNSTON TERRANCE M & PAMELA JOHNSON JOHNSON 6485 TANAGERS PT 3898 LONE CEDAR LN 3637 SOUTH CEDAR EXCELSIOR MN 55331 CHASKA MN 55318 EXCELSIOR MN 55331 L MARTIN & DONNA R JONES ROBERT M & PATRICIA A JOSEPH JOSEPH H & GEORGIA G KANDIKO TRUSTEES OF TRUSTS 6701 MINNEWASHTA PKY 3870 MAPLE SHORES DR 7321 DOGWOOD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JEFFREY W & TERESA P KERTSON STEVEN E & MARSHA E KEUSEMAN JOANNE T KIMBLE & 6810 MINNEWASHTA PKY 3622 RED CEDAR POINT RD MELVIN A KIMBLE EXCELSIOR MN 55331 EXCELSIOR MN 55331 7058 RED CEDAR CV EXCELSIOR MN 55331 MARIA P KNIGHT ROBERT F & SANDRA K LAPRADE FRITZ W ILMER LARSON & LAAG NIEUWKOOP 28 6470 TANAGERS PT MARILYN E LARSON 3628 GC KOCKENGENEXCELSIOR MN 55331 7380 MINNEWASHTA PKY EXCELSIOR MN 55331 JEAN D LARSON WILMER & MARILYN LARSON DONALD D & COLLEEN K LINKE 3609 RED CEDAR POINT RD 7380 MINNEWASHTA PKY 7301 MINNEWASHTA PKY EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JAMES F & DOLORES LIPE DOUGLAS D LIVINGSTON DEBORAH S LOCKHART & 3880 LONE CEDAR LN 3331 SHORE DR DIANE LEESON ANDING CHASKA MN 55318 EXCELSIOR MN 55331 3618 RED CEDAR POINT RD EXCELSIOR MN 55331 THOMAS R & KAREN C LONDO CHRISTINE J LUDTKE RICHARD C LUNDELL 3764 LANDINGS DR 6480 TANAGERS PT 7341 DOGWOOD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JESSICA BELLE LYMAN THOMAS E LYONS JOHN D & SARAH H MANEY 3603 RED CEDAR POINT RD 2931 WASHTA BAY RD 7078 RED CEDAR CV EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 STEPHEN C & KAREN A MARTIN WILLIAM & JEAN M MCDANIEL JOHN B MCKELLIP 3211 DARTMOUTH DR 3341 SHORE DR 21020 RADISSON RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 MINNEWASHTA CREEK MINNEWASHTA HEIGHTS ASSN THOMAS JOSEPH D RZ HOMEOWNERS C/O JOHN WARREN, TREAS 3201 DARTMOUTH C/O NANCY NARR 6340 ELM TREE AVE EXCELSIOR MN 553333 1 3950 LINDEN CIR EXCELSIOR MN 55331 EXCELSIOR MN 55331 C/O PATRICIASHORES INC PAUL M & MARJORIE A MODELL JAMES & PATRICIA A MOORE 634 PATICIA CRANE 3441 SHORE DR 3630 HICKORY RD 6341 CYPRESS 5 EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 BENNETT J & SHARON M MORGAN MICHAEL & SUSAN L MORGAN W ILLARD E MORTON 3920 WHITE OAK LN 3734 HICKORY RD 7024 RED CEDAR CV EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 MPLS COUNCIL OF CAMPFIRE GARY A & KATHLEEN A MUSGJERD WILLIAM O & STEPHANIE NAEGELE GIRLS 6420 TANAGERS PT 3301 SHORE DR 640 GRANT ST E MINNEAPOLIS MN 55404 EXCELSIOR MN 55331 EXCELSIOR MN 55331 TIMOTHY J NELSON & DANA E COOKE 3724 HICKORY RD EXCELSIOR MN 55331 CHARLES & JENNIFER NEWELL 7550 DOGWOOD RD EXCELSIOR MN 55331 CRAIG D & JANIE S NORBY 7351 MINNEWASHTA PKY EXCELSIOR MN 55331 OLIVEWOOD HOMEOWNERS ASSN C/O BRIAN FALK 6475 TANAGERS PT EXCELSIOR MN 55331 KRISTEN L ORTLIP 2831 WASHTA BAY RD EXCELSIOR MN 55331 PEMTOM COMPANY 7597 ANAGRAM DR EDEN PRAIRIE MN 55344 VERNA ARLENE PETERJOHN 3892 LONE CEDAR LN CHASKA MN 55318 PETER J & KARRI J PLUCINAK 3631 SOUTH CEDAR EXCELSIOR MN 55331 PAUL V & ALYSSA S NESS 3732 LANDINGS DR EXCELSIOR MN 55331 DONALD M NICHOLSON 2901 WASHTA BAY RD EXCELSIOR MN 55331 TIMOTHY M & MARY K O'CONNOR 3748 LANDINGS DR EXCELSIOR MN 55331 MARK A & YOMARIE OLSEN 2961 WASHTA BAY CT EXCELSIOR MN 55331 ROBERT C & ANN OSBORNE 3815 RED CEDAR POINT RD EXCELSIOR MN 55331 DAVID & SALLY PETERJOHN 3921 HAWTHORNE CIR EXCELSIOR MN 55331 GARY PETERSON 1769 20TH AVE NW NEW BRIGHTON MN 55112 DAVID & ADELAIDE PRILLAMAN 7064 RED CEDAR CV 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 C PROSHEK 3613 RED CEDAR POINT RD EXCELSIOR MN 55331 QUA[ D'ANJOU LLC JANET M QUIST ETAL JOAN E T C C/O JANEETARLSON 4510 WEST LAKERIDGE 7331 DOGWOOD 18114PHALEN PL DENVER CO 80219 EXCELSIOR MN 55331 WOOD MAPLEWOOM APMN 55109 ED CEDAR COVE TOWNHOUSE PATRICIA L RICHARDSON STACEY R & MICHELLE R RICKERT O BOX 181 7095 RED CEDAR CV 6440 TANAGERS PT XCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 AMES P & SUSAN S ROSS 725 SOUTH CEDAR .XCELSIOR MN 55331 ROBERT E & JUDY D ROYER 7074 RED CEDAR CV EXCELSIOR MN 55331 :DW IN L & LIVIA SEIM COY 0 & SANDRA S SHELBY 'RUSTEES OF SEIM FAMILY TRUST 7068 RED CEDAR CV :92 CHARLES DR EXCELSIOR MN 55331 SAN LUIS OBISPO CA 93401 1LFRED & CARLOTTA F SMITH 5714 HICKORY RD XCELSIOR MN 55331 STATE OF MINNESOTA IN TRUST ;/O AUDITOR - DNR WITHHELD i00 4TH ST E "HASKA MN 55318 KENNETH R & MARTHA L SORENSEN 3800 LONE CEDAR CIR CHASKA MN 55318 WILLIAM J & EILEEN S STERNARD 3664 LANDINGS DR EXCELSIOR MN 55331 JOHN F & MARY C SCHUMACHER 2941 WASHTA BAY RD EXCELSIOR MN 55331 DEAN A & JACQUELINE P SIMPSON 7185 HAZELTINE BLVD EXCELSIOR MN 55331 EMIL & PATRICIA SOUBA 14025 VALE CT EDEN PRAIRIE MN 55344 STRATFORD RIDGE HOMEOWNERS ASN C/O KEITH F BEDFORD 3961 STRATFORD RDG EXCELSIOR MN 55331 PETER B & PAMELA J STROMMEN DONALD K & CHERLYN SUEKER PAUL GREGORY &MARY S S 3221 DARTMOUTH DR 3111 DARTMOUTH DR 20 RIM G EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHASKA CRIMSON BAY RD CHASKA MN 55318 AARON J & ADRIENNE F THOMPSON TROLLS -GLEN HOMEOWNERS ASSN SCOTT A VERGIN 3711 SOUTH CEDAR C/O B F SCHNEIDER, TREASURER 7311 DOGWOOD EXCELSIOR MN 55331 PO BOX 103 EXCELSIOR MN 55331 CHANHASSEN MN 55317 GARY A & JANET K VIERLING 7099 RED CEDAR CV EXCELSIOR MN 55331 CHARLY A W EBBER 3850 LONE CEDAR CIR CHASKA MN 55318 JAMES L & CONNIE A VOLLING 3700 LANDINGS DR EXCELSIOR MN 55331 JOHN L & LORI A WEBER 3220 DARTMOUTH DR EXCELSIOR MN 55331 JAMES A & JEAN WAY 6641 MINNEWASHTA PKY EXCELSIOR MN 55331 CHRIS & KRISTINE WEDES 3716 HICKORY RD EXCELSIOR MN 55331 ANTHONY C & JODI L W EINZEfL BRUCE D & KARLA J W ICKSTROM ROBERT D & JOY D W ILSON TRUSTEES OF WILSON FAM TRUST 3688 LANDINGS DR 3716 LANDINGS DR EXCELSIOR MN 55331 EXCELSIOR MN 55331 7048 RED CEDAR EXCELSIOR MN 55353 31 iICHARD & STEPHANIE F WING BARBARA DIANE WINTHEISER LANE L & RENEA M WOODLAND 5481 SHORE DR 3321 SHORE DR 7034 RED CEDAR CV EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 %DAM E & DARCY R WORLEY THOMAS E & LORI K WRIGHT RICHARD L & ANN M ZWEIG 3920 HAWTHORNE CIR 3607 IRONWOOD RD 3601 IRONWOOD RD _XCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 [TY OF CUNUSSEN 7700 Market BoulevElld P.O. Box 147 (;hanhassen, Minnesota 55317 www.ci.chanhassen.mn.us rrep s neiMer a luga�y recnaeo ^� 1O• "•• •� _ sate eA map u a wnpilaEw d records. idwmapw arM dap localetl in vxian (a refaar,ce al olFoes aM op.r swrces regardng tlra arca shovm, aM tem 1615) Dau used The Gly does rot wNrant Nat be Geo9rapl+c MomaUon Sys epam tli,s map are error tree. aM Ne GiN does not rwresen 9Mal the GIS Data d seance or a anyrot.. q exacpn measurement d .d9aE p,; U'ao in oEon d 9'^^9raPoN features. N mors or .saepandes are frond. diw v ped952 o pre dept to Mnnesota se canlad 952-227-110"!, ma Preceding osdain�ef is kooWed W�Me ries §p ,3. Solid. 21 l2W()), and the user of flus map aAnovdcees o defort M only and ale far any damages, aM ear ;"valves au ht b .User. A employees a agems. M grid hartdess d. Gty of a any 3 aY d a use d data provided. .es whidi arise out d tl. assts access NOTICE AN INVITATION FOR PUBLIC COMMENT JANUARY 13, 2005, 7-8 P.M. CHANHASSEN RECREATION CENTER 2310 COULTER BOULEVARD PROPOSED CONDITIONAL USE AMENDMENTPARK ATING THE 10-HORSEPOWER 0 HORSEPOWE SNTA RESTRICTION OR BOAT ACCESS #1 ELININ AT LAKE MINNEWA for Lake ermit with She Countyi located in requests the City ower motor restriction at Boat Access of Chanhassen amend the conditional use p Irver County Parks requ uest is to drop the 10 -horsepower nnewashta Regional Park. The req will continue to sign Boat Access #1 and the area known as Little Mini as a no wake zone. park. The County )e County requests the amendment for the following reasons: ower restriction and is more sensitive to erosion . The existing no wake zone eliminates the need for a horsep concerns caused by any boat. ower: . Few boat motors are less than 10 horsep The restriction is not observed by the public. can not reasonably be ernorced or managed teeter water . The re effective to enforce the restriction. periods of low lake elevation due to the g . ti is not . cost sizes use boat access #1 during p Boats df varying 5252. depth at this access' Parks Martin Walsh at 952-466- �- CarverGounty ..<. -- 'ohms, dd be directed to CITY OF 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: September 12, 1983 SUBJ: Conditional Use Permit, Lake Minnewashta Regional Park (Formalize Previous Council Action) In August of 1982, Carver County ed that their conditional use permit for the Lake Minnewashta onal Park be amende. the Planning The request was processed, public h i held by Commission, and their recommend io submitted to the City Council. Five changes were be' re estted- Four were cil tminor.i- The fifth, was a request from a Me p nate the existing 15 horsepow regul ion for launching boats at the Regional Park. That req st recei d considerable discussion and the City Council acted appoint citizens committee to review the request, consid alternate , and to make recommen- dation. On July 21, 1983, th ake Minnewashta udy Committee presented its recommendations tached). Work of a committee had been extensive and co ered numerous options. Meetings wereThemwell a area.jor attended by r the horsepower thrust of tha horse - requirement oint in power and to sh an unrestricted access at ano P the Regional Park ched exhibit). The City Council action was "st f erected to amend the con- ditional use permit by incorpor i the recommendations of the Lake Minnewashta Boat Access St Committee and resubmit it to the Council." Given the time that it expired from, Roger Knutson recommended holding a new hearing. On August 17, the Planning Commissionnts held the second public hearing on this item. No public were received. The recommendation ofthe lLake nMinnewCommission acted ashtaStudyCommittee. the Mayor and Council September 12, 1983 Page 2 The recommendations of the Lake Minnewashta Study Committee have been incorporated in the attached amended conditional use permit. The permit also encompasses the four minor changes considered ddone year ago. Recommendations of the Planning Commission, are which hnded not relate to the conditional part the conditional use permit. to be approved - but not as a p physically close Specifically, city staff should be instructed to phy Y the access adjacent to Leach's when the new access is completed and to insure that the "no wake zone" is designated inaccordanboat with the new Water Surface Usage Ordinance. the Planning the access policy, such should be considered by commission as a part of their current ordinance revisions. Approval of the amended conditional use permit, as herein attached, is recommended. Report Of The Lake Minnewashta Study Committee June 1983' Members: Arnie Hed - Chair Clark Horn John Neveaux Tom Merz Pat Murphy Established: by City Council — August 1982 Charge: To study public access alternatives for Lake Minnewashta Background:. 1. City/County Conditional Use Permit for Lake Minnewashta Regional Park has 15 horsepower limit. 2. City's informal access adjacent to Leach's Resort is unrestricted. 3-. Private access. (Leach's) is unrestricted. 4. DNR does not recognize any of these 3 accesses as meeting their definition. Therefore, no fish management programs. 5. Metro Council would not approve development master plan or future development funding for Lake Minnewashta Regional Park with the 15 horsepower restriction. Also, affected City's park grant consideration. 6. County applied for C.U.P. amendment deleting the.15 horsepower restriction. 7. Park & Recreation Commission recommended, approval. 8. Planning Commission recommended denial. 9. City Council established this committee to study alternatives. Committee Work: 1. Met with DNR & Metro Council representatives: a. Neither DNR nor Metro Council will use their funds for more shoreline when Regional Park has 2 miles. b. DNR would he amenable to location other .than the par),- if they did not have to fund land acquisition. Attachment $2 be permanent or aaequate aesign, anuzy�`� parnr„y ULU" cannot be r -ated from the launching `:_:!a by roadway.. d. Total of 32. to' 3-1 parking spaces must be provided to .meet DNR -and Metro Councilrequirements. Some of .these spaces couldbeassigned to the restrictedaccess on Little Minne. 2. Reviewed potential access areas around lake: a. Existing city access adjacent to Leach's Resort: * Developed plan for moving Minnewashta Parkway. * Not economically viable. * Residents object to, current use and long term use as access. * Apparently unwilling sellers. b. Leach's Resort: * Development, potential of land too valuable for long term use as access. * Extremely expensive to acquire. c. Island at south end of lake north of Hwy. 5: * Safety problems with car/trailer access off and onto Hwy. 5. * Marginal in size and may require fill on island. * Environmentally sensitive around island as spawning_ area. * Fill required would make turn lanes expensive and environmentally harmful. Permits for filling would be difficult to obtain. * Potentially expensive and difficult to acquire. d. Existing neighborhood accesses (street extensions) located in several subdivisions: - * Extremely disruptive to established neighborhoods. * Expensive and difficult to provide parking. e. Lake Minnewashta Regional Park (3 potential areas): * Little Minne is environmentally sensitive and should not be the principal.public boat entrance to the lake, iout seri access w�.ously 6Isrupting�`e p.-anneu u5iu of picii ? and swimming. Also r at the end of the entrance road, it hinders the `. tip.-ational flexibility -of. the park plan. * The one other remaining area; located in the southern third of the park, maY detract from one picnic area, but wouldnot require any extra road work and a launching and parking area could be reasonably designed and permits should be easily obtainable. inclusions: 1. An access meeting DNR requirements is in 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 conflicts on the west side of the lake, and does not meet the definition of public access used.by those agencies. Council standards can be obtained 4. Access meeting DNR and Metro within the boundaries of Lake Minnewasoherelocationaaro around less impact on the community than any the lake. .,ecommendati_ons: We hereby recommend that the City Council endorse the concept of dual public accesses located within Lake Minnewashta Regional Park. We believe this concept provides the best long term solution to providing reasonable public access to Lake Minnewashta with the least impact to. the comunity and to the environment; and with minimal impact on the m County's plan for the regional park. We recommend that the following specific proposals be adopted as the means of implementing this solution: 1. An additional boat _access with no horsepower restriction -will be established in Lake Minnewashta Regional Park as shown in Attachment A. This access will be limited to a maximum of 20 eloed in parking spaces. This access should be devarkpem to eeewilllng be of 1985 at which time a permanent County p P y resident at the park. 2. 'At such time as the new public access is open, the City should physically close its access adjacent to Leach's Resort. The City should make a policy statement that the closing of a quasi -public access or private access will not constitute a reason or justification to increase public access parking or could be included within the City's capacity. This statement Comprehensive Plan as is proposed for No. 6. 4. 5. 6:. -rue urt5tiuy Vuu.n't� <*1lr 0. • A• '�-``` ,_ •v •• - il)m of 15 parking a maxinuni 10 ho-1.ower. motor size and a �,u The County spaces will be -I ided to serve that acct should be permitted to rent a limited number of canoes for use on. Little Minnie. . chane The County's master plan be reviYmitobeeamended toereflects and the City's conditional use pe these changes- Little Minne should be.surface zoned as a "Slow - No Wake" zone. The City should,estabiish a firm -policy position regarding all public accesses,. such "as:"the city hereby establiGhes a -boat access policy and standard of one (1) parking space for. every 20 acres of water surface - such being both a minimum and maximum standard on all City lakes. Further, this policy and standard should be included within the City's Comprehensive plan as well as within a landuse ordinance, (water surface or zoning), such requiring a 4/5ths.vote to -be modified thus providing reasonable assurance. of continuity AER I AL MAP LAKE MINNETONKA M I N N E S 0 T A BY MARK HURD MAPP I NG CO. 230 OAK GROVE ST., MINNE APOLIS, MINN. i000 20ao 3000 4000 5000 ff. THIS MAP WAS MADE FROM 123 SEPERATE AERIAL PHOTOGRAPHS CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, 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 swom to before me thiscW" day of ' / 12005. 1'Wt 1 Notary KarcWJ. Engelhar t, Dep Clerk otaI#N== , 2010 g:\plan\2004 planning cases104-37 - atinnewashia regional park 75-2 cup amendmenM4-37 ph notice affidavit of mailing.doc {CANNED Notice of Public Hearing Notice of Public Hearing Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 1, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for amendment to Conditional Use Permit No. 75-2 to Proposal: eliminate the horsepower restriction at Boat Access #1 Planning File: 04-37 Applicant: Carver County Parks Property Lake Minnewashta Regional Park Location: I A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer, Planner I at 952 -227 - Questions & 1132 or e-mail imetzer@ci.chanhassen.mn.us. If you choose Comments: to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at htto://206.10.76.6/weblink the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any Interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff Is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contact the Planning Stat person named on the notification. Date & Time: Tuesday, February 1 2005 at 7:00 p.m. Location: City Hall Council Chambers 7700 Market Blvd. Request for amendment to Conditional Use Permit No. 75-2 to Proposal: eliminate the horsepower restriction at Boat Access #1 Planning File: 04-37 Applicant: Carver County Parks Property Lake Minnewashta Regional Park Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Meltzer at 952-227-1132 or e - Questions & mail imetzer@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at htto://206.10.76.6tweblink the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or party the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallindustdal. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included In the report, lease contact the Planning Stat person named on the notification. N 31st' N� 's3 s Labe YbnawaMta This map is neither a legally recorded map rtor a survey and is nal intended N be used as one. This Man is a compilation of records, infonrmtion and data located in various dry, county, state and federal oHlces and other sources regarding me area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-2271107. The preceding disclaimer is provided! pursuant to Minnesota Statutes 4466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any darnages, and expressly waives all darts, and agrees to tleend. inderrnify, and hold harmless the City from any and all claim brought by User, its enployeas or agents, or third paNea which When OW of the users access or use Of data provided, IBM Access #1L Lake Minrewashre IN This map is nether a legally recorded map nor a survey and is not intended to be used as one. This mP is a conpilaboo of records, information and data located in various city, county, stale and federal offices and other sources regarding the area shown, ard is to be used for reference WrWaes only. The City does ne warrant Nat the Geographic htowiahon System (GIS) Data used to prepare this map are error free, and the City does not represent that Ne GIS Data can be used for nahgaboriai, tracking or any other purpose requiring exacting measurement of distance or direction w precision in the depiction of geographic features. H errors or discrepanoes are found please contact 952-227-1107. The preceding disctamer is provided purigant to Minnesota Stables §46603, S.M. 21 (2000), and the user of this map acknowledges Nat Ne City shall not be liable for any danages, and expressly waives all chains, and agrees to defend, iMertnity, and hold harmless the City front any and all dams brought by User, as on or agents, or Nird parties which arise out of the users 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 �._�� ta' �� '-"ii rCii e�: s"-. a .,CY''ny ,''`��:♦ � n111► a+Yn �✓ Qi RSA � �� p: : a: �� • /lei iii ��A�1:aR<- 3��11 �i i I �� j� � �� : ;.: �� •, � a.K;F,�^1 Mfr♦ r . n 1S^t�T•� ��' Nor SIIIn ! 11 lot " 1,� ABRAHAM & DOROTHY ABBARIAO 3750 ARBORETUM BLVD PO BOX 26 CHANHASSEN MN 55317 MARK E AMBROSEN & ANN C SENN 3830 MAPLE SHORES DR EXCELSIOR MN 55331 LEE ANDERSON PLEASANT ACRES HOME OWNERS 6651 MINNEWASHTA PKY EXCELSIOR MN 55331 CHARLES F & VICKI L ANDING 6601 MINNEWASHTA PKY EXCELSIOR MN 55331 HENRY & DOLORES A ARNESON TRUSTEES OF TRUST 13791 TONBRIDGE CT BONITA SPRINGS FL 34135 DEAN J & JILL R BARTA 3837 RED CEDAR POINT RD EXCELSIOR MN 55331 DOUGLAS M & JODI B BERG 3471 SHORE DR EXCELSIOR MN 55331 JAMES R & SHERYL A BJORK 3900 LONE CEDAR CIR CHASKA MN 55318 BOYER BUILDING CORP 3435 CO RD 101 MINNETONKA MN 55345 ESTATE OF HARRY/LOUISE AHRENS THOMAS & MARY ALLENBURG C/O JERRY TESCHENDORF 6621 MINNEWASHTA PKY 14010 CENTER DR W EXCELSIOR MN 55331 LAKEWOOD CO 80228 DOUGLAS B & JAMIE ANDERSON 3607 RED CEDAR POINT RD EXCELSIOR MN 55331 LEE R ANDERSON TRUSTEE OF TRUST 6651 MINNEWASHTA PKY EXCELSIOR MN 55331 MARIANNE I & RICHARD B ANDING TRUSTEES OF TRUST 3715 SOUTH CEDAR EXCELSIOR MN 55331 MARY JO ANDING BANGASSER 8321 VIEW LN EDEN PRAIRIE MN 55347 JOHN P BAUMTROG & ILENE M LEISTER 3738 HICKORY RD EXCELSIOR MN 55331 RICHARD A & JUDITH F BERLAND 6900 MINNEWASHTA PKY EXCELSIOR MN 55331 GREGORY BOHRER 3706 HICKORY RD EXCELSIOR MN 55331 BOYER LK MINNEWASHTA HOMEOWNER C/O BOYER BUILDING CORP 3435 CO RD 101 MINNETONKA MN 55345 HAZEL P ANDERSON & DARYL D ANDERSON 2851 WASHTA BAY RD EXCELSIOR MN 55331 MICHAEL DEAN ANDERSON 7140 HAZELTINE BLVD EXCELSIOR MN 55331 RICHARD B & MARIANNE F ANDING 3715 SOUTH CEDAR EXCELSIOR MN 55331 DOUGLAS J & CAROLYN A BARINSKY 3719 SOUTH CEDAR EXCELSIOR MN 55331 EVELYN Y BEGLEY 3701 SOUTH CEDAR EXCELSIOR MN 55331 MARTIN & JANET L BEUKHOF 3451 SHORE DR EXCELSIOR MN 55331 FRANCES T BORCHART 7331 MINNEWASHTA PKY EXCELSIOR MN 55331 JAMES & RUTH A BOYLAN 6760 MINNEWASHTA PKY EXCELSIOR MN 55331 PETER T & DEANNA O BRANDT WILLIAM C & JUDITH L BRITT SCOTT A BRAIN & 7570 DOGWOOD RD 6460 TANAGERS PT SHARON L N CEDAR LONE CEDAR EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHA CIR HASKA MN 55318 ROBERT E BRUERS RODNEY & GINGER B CLARKSON WILLIAM P & MARGARET COLDWELL 7054 RED CEDAR CV 3894 LONE CEDAR CIR 3501 SHORE DR EXCELSIOR MN 55331 CHASKA MN 55318 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 C/O JOHN GETSCH 5404 GLENGARRY PKY EDINA MN 55436 STEPHEN M GUNTHER & HELEN KATZ-GUNTHER 3628 HICKORY RD EXCELSIOR MN 55331 GETSCH CORP C/O DANIEL GETSCH 1069 DORLAND RD S MAPLEWOOD MN 55119 ALAN H & KAREN L DIRKS 7431 DOGWOOD EXCELSIOR MN 55331 STEVEN D & JUDY L EMMINGS 6350 GREENBRIAR EXCELSIOR MN 55331 JOHN & JOYCE FOLEY C/O 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 JEROME E COVENY 2921 WASHTA BAY RD EXCELSIOR MN 55331 BIRUTA M DUNDURS 3627 RED CEDAR POINT RD EXCELSIOR MN 55331 KEVIN T & MAUREEN S FARRELL 6541 MINNEWASHTA PKY EXCELSIOR MN 55331 KENT J & JULIE A FORSS 3850 MAPLE SHORES DR EXCELSIOR MN 55331 SCOTT P & LAURIE A GAUER 3820 LONE CEDAR LN CHASKA MN 55318 GETSCH CORP C/O MARJORIE GETSCH 7530 DOGWOOD RD EXCELSIOR MN 55331 JAMES 0 JR & CHRISTAN GINTHER 3611 IRONWOOD RD EXCELSIOR MN 55331 WAYNE S HAGEN 3421 SHORE DR EXCELSIOR MN 55331 MICHAEL A SR & TONI L HALLEEN ANNALEE MARIE HANSON RICHARD A & DARLENE J HANSON MICHAEL JR & STEPHANIE HALLEEN TRUSTEE OF TRUST 3351 SHORE DR6400 GREENBRIAR 7750 CRIMSON BAY RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHASKA MN 55318 STEVEN P & LAURIE A HANSON JONATHAN D & KRISTI K HARRIS WILLIAM R HAUGH 225 CAMPBELL DR 3241 DARTMOUTH DR 3727 SOUTH CEDAR HOPKINS MN 55343 EXCELSIOR MN 55331 EXCELSIOR MN 55331 KATHRYN B HAWORTH TRUSTEE OF TRUST 7044 RED CEDAR CV EXCELSIOR MN 55331 PATRICIA J HEGMAN 3311 SHORE DR EXCELSIOR MN 55331 DANIEL J & KAREN A HERBST 7640 CRIMSON BAY RD CHASKA MN 55318 ALLEN R & CARRIE A HOFFMAN 3732 HICKORY RD EXCELSIOR MN 55331 ROBERT & CAROL HOLZINGER TRUSTEES OF TRUST 7038 RED CEDAR CV EXCELSIOR MN 55331 PER & E LAURIE JACOBSON 2840 TANAGERS LN EXCELSIOR MN 55331 DANALJOHNSON 6671 MINNEWASHTA PKY EXCELSIOR MN 55331 TERRANCE M & PAMELA JOHNSON 3898 LONE CEDAR LN CHASKA MN 55318 DAVID R BARBARA M HEADLA 6870 MINNEWASHTA PKY EXCELSIOR MN 55331 RICKY A & TOMASA HELLING 11983 NORTH 135TH WAY SCOTTSDALE AZ 85259 CAROL HERGOTT 7098 RED CEDAR CV EXCELSIOR MN 55331 KEVIN R & MARY E HOFFMAN 6631 MINNEWASHTA PKY EXCELSIOR MN 55331 BRUCE J & JEANNINE T HUBBARD 2841 WASHTA BAY RD EXCELSIOR MN 55331 GREGG R & GAY MARIE JANDRO 3896 LONE CEDAR LN CHASKA MN 55318 JEFFREY L & MICHELLE A JOHNSON 3705 SOUTH CEDAR EXCELSIOR MN 55331 THOMAS C & JACQUELINE JOHNSON 3637 SOUTH CEDAR EXCELSIOR MN 55331 ARNOLD & CAROL M HED 3860 LONE CEDAR CIR CHASKA MN 55318 JILL D HEMPEL 3707 SOUTH CEDAR EXCELSIOR MN 55331 DAVID C & DONNA B HOELKE 3621 IRONWOOD RD EXCELSIOR MN 55331 HOLZER TRUST 2003 C/O WAYNE A HOLZER 2911 WASHTA BAY RD EXCELSIOR MN 55331 WILLIAM D & DEBRA HUMPHRIES 3890 LONE CEDAR CIR CHASKA MN 55318 WAYNE A JESKE 7096 RED CEDAR CV EXCELSIOR MN 55331 LINDA L JOHNSON 3629 RED CEDAR POINT RD EXCELSIOR MN 55331 PAUL R & MARY K JOHNSTON 6485 TANAGERS PT EXCELSIOR MN 55331 L MARTIN & DONNA R JONES ROBERT M & PATRICIA A JOSEPH JOSEPH H & GEORGIA G KANDIKO TRUSTEES OF TRUSTS 6701 MINNEWASHTA PKY 3870 MAPLE SHORES DR 7321 DOGWOOD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JEFFREY W & TERESA P KERTSON STEVEN E & MARSHA E KEUSEMAN JOANNE T KIMBLE & 6810 MINNEWASHTA PKY 3622 RED CEDAR POINT RD MELVIN A KIMBLE 7058 RED CEDAR CEDAR EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55353 31 MARIA P KNIGHT ROBERT F & SANDRA K LAPRADE FRITZ WILMER LARSON & LAAG NIEUWKOOP 28 6470 TANAGERS PT MARILYN E LARSON 3628 GC KOCKENGENEXCELSIOR MN 55331 7380 MINNEWASHTA PKY EXCELSIOR MN 55331 JEAN D LARSON WILMER & MARILYN LARSON DONALD D & COLLEEN K LINKE 3609 RED CEDAR POINT RD 7380 MINNEWASHTA PKY 7301 MINNEWASHTA PKY EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JAMES F & DOLORES LIPE DOUGLAS D LIVINGSTON DEBORAH S N ANDI G & DIANE LESSON 3880 LONE CEDAR LN 3331 SHORE DR CHASKA MN 55318 EXCELSIOR MN 55331 3618 RED CEDARR POINT RD EXCELSIOR MN 55331 THOMAS R & KAREN C LONDO CHRISTINE J LUDTKE RICHARD C LUNDELL 3764 LANDINGS DR 6480 TANAGERS PT 7341 DOGWOOD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JESSICA BELLE LYMAN THOMAS E LYONS JOHN D & SARAH H MANEY 3603 RED CEDAR POINT RD 2931 WASHTA BAY RD 7078 RED CEDAR CV EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 STEPHEN C & KAREN A MARTIN WILLIAM & JEAN M MCDANIEL JOHN B MCKELLIP 3211 DARTMOUTH DR 3341 SHORE DR 21020 RADISSON RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 MINNEWASHTA CREEK MINNEWASHTA HEIGHTS ASSN THOMAS JOSEPH MERZ HOMEOWNERS C/O JOHN WARREN, TREAS 3201 DARTMOUTH DR C/O NANCY NARK 6340 ELM TREE AVE EXCELSIOR MN 553313950 LINDEN CIR EXCELSIOR MN 55331 EXCELSIOR MN 55331 C/O PATRICIASHORES INC PAUL M & MARJORIE A MODELL JAMES & PATRICIA A MOORE 634 PATICIA CRANE 3441 SHORE DR 3630 HICKORY RD 6341 CYPRESS 5 EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 BENNETT J & SHARON M MORGAN MICHAEL & SUSAN L MORGAN W ILLARD E MORTON 3920 WHITE OAK LN 3734 HICKORY RD 7024 RED CEDAR CV EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 MPLS COUNCIL OF CAMPFIRE GARY A & KATHLEEN A MUSGJERD WILLIAM O & STEPHANIE NAEGELE GIRLS 6420 TANAGERS PT 3301 SHORE DR 640 GRANT ST E MINNEAPOLIS MN 55404 EXCELSIOR MN 55331 EXCELSIOR MN 55331 TIMOTHY J NELSON & DANA E COOKE 3724 HICKORY RD EXCELSIOR MN 55331 CHARLES & JENNIFER NEWELL 7550 DOGWOOD RD EXCELSIOR MN 55331 CRAIG D & JANIE S NORBY 7351 MINNEWASHTA PKY EXCELSIOR MN 55331 OLIVEWOOD HOMEOWNERS ASSN C/O BRIAN FALK 6475 TANAGERS PT EXCELSIOR MN 55331 KRISTEN L ORTLIP 2831 WASHTA BAY RD EXCELSIOR MN 55331 PEMTOM COMPANY 7597 ANAGRAM DR EDEN PRAIRIE MN 55344 VERNA ARLENE PETERJOHN 3892 LONE CEDAR LN CHASKA MN 55318 PETER J & KARRI J PLUCINAK 3631 SOUTH CEDAR EXCELSIOR MN 55331 PAUL V & ALYSSA S NESS 3732 LANDINGS DR EXCELSIOR MN 55331 DONALD M NICHOLSON 2901 WASHTA BAY RD EXCELSIOR MN 55331 TIMOTHY M & MARY K O'CONNOR 3748 LANDINGS DR EXCELSIOR MN 55331 MARK A & YOMARIE OLSEN 2961 WASHTA BAY CT EXCELSIOR MN 55331 ROBERT C & ANN OSBORNE 3815 RED CEDAR POINT RD EXCELSIOR MN 55331 DAVID & SALLY PETERJOHN 3921 HAWTHORNE CIR EXCELSIOR MN 55331 GARY PETERSON 1769 20TH AVE NW NEW BRIGHTON MN 55112 DAVID & ADELAIDE PRILLAMAN 7064 RED CEDAR CV 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 C PROSHEK 3613 RED CEDAR POINT RD EXCELSIOR MN 55331 ASK QUAI D'ANJOU LLC JANET M QUIST ETAL JOAN E T C/O JANET C LSON 4510 WEST LAKERIDGE 7331 DOGWOOD N P MAP M DENVER CO 80219 EXCELSIOR MN 55331 PHALEAPLEWOOD MN 55109 RED CEDAR COVE TOWNHOUSE PATRICIA L RICHARDSON STACEY R & MICHELLE R RICKERT PO BOX 181 7095 RED CEDAR CV 6440 TANAGERS PT EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JAMES P & SUSAN S ROSS 3725 SOUTH CEDAR EXCELSIOR MN 55331 ROBERT E & JUDY D ROYER 7074 RED CEDAR CV EXCELSIOR MN 55331 EDWIN L & LIVIA SEIM COY O & SANDRA S SHELBY TRUSTEES OF SEIM FAMILY TRUST 292 CHARLES DR 7068 RED CEDAR CV SAN LUIS OBISPO CA 93401 EXCELSIOR MN 55331 ALFRED & CARLOTTA F SMITH 3714 HICKORY RD EXCELSIOR MN 55331 STATE OF MINNESOTA IN TRUST C/O AUDITOR - DNR WITHHELD 600 4TH ST E CHASKA MN 55318 PETER B & PAMELA J STROMMEN 3221 DARTMOUTH DR EXCELSIOR MN 55331 KENNETH R & MARTHA L SORENSEN 3800 LONE CEDAR CIR CHASKA MN 55318 WILLIAM J & EILEEN S STERNARD 3664 LANDINGS DR EXCELSIOR MN 55331 DONALD K & CHERLYN SUEKER 3111 DARTMOUTH DR EXCELSIOR MN 55331 JOHN F & MARY C SCHUMACHER 2941 WASHTA BAY RD EXCELSIOR MN 55331 DEAN A & JACQUELINE P SIMPSON 7185 HAZELTINE BLVD EXCELSIOR MN 55331 EMIL & PATRICIA SCUBA 14025 VALE CT EDEN PRAIRIE MN 55344 STRATFORD RIDGE HOMEOWNERS ASN C/O KEITH F BEDFORD 3961 STRATFORD RDG EXCELSIOR MN 55331 PAUL GREGORY & MARY S SUMNERS 7620 CRIMSON BAY RD CHASKA MN 55318 AARON J & ADRIENNE F THOMPSON TROLLS -GLEN HOMEOWNERS ASSN SCOTT A VERGIN 3711 SOUTH CEDAR C/O B F SCHNEIDER, TREASURER 7311 DOGWOOD EXCELSIOR MN 55331 PO BOX 103 EXCELSIOR MN 55331 CHANHASSEN MN 55317 GARY A & JANET K VIERLING JAMES L & CONNIE A VOLLING JAMES A & JEAN WAY 7099 RED CEDAR CV 3700 LANDINGS DR 6641 MINNEWASHTA PKY EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHARLY A WEBBER 3850 LONE CEDAR CIR CHASKA MN 55318 JOHN L & LORI A WEBER 3220 DARTMOUTH DR EXCELSIOR MN 55331 CHRIS & KRISTINE WEDES 3716 HICKORY RD EXCELSIOR MN 55331 ANTHONY C & JODI L WEINZETL BRUCE D & KARLA J WICKSTROM ROBERT D & JOY D W ILSON TRUSTEES OF WILSON FAM TRUST 3688 LANDINGS DR 3716 LANDINGS DR EXCELSIOR MN 55331 EXCELSIOR MN 55331 7048 RED CEDAR EXCELSIOR MN 55353 31 RICHARD & STEPHANIE F WING BARBARA DIANE WINTHEISER LANE L & RENEA M WOODLAND 3481 SHORE DR 3321 SHORE DR 7034 RED CEDAR CV EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 ADAM E & DARCY R WORLEY THOMAS E & LORI K WRIGHT RICHARD L & ANN M ZWEIG 3920 HAWTHORNE CIR 3607 IRONWOOD RD 3601 IRONWOOD RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 ROBERT L ALFORD JEFFREY MARK ANDERSON MICHAEL DEAN ANDERSON 6355 MINNEWASHTA WOODS DR 6840 HAZELTINE BLVD 7140 HAZELTINE BLVD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 RICHARD E & SUSAN K ATWOOD MARY A BENTLEY PAUL S & SUSAN M BLASKE 2701 PIPER RIDGE LN 6810 HIGHOVER DR 6856 HIGHOVER DR EXCELSIOR MN 55331 CHANHASSEN MN 55317 CHANHASSEN MN 55317 RICHARD D BLISS & DAVID C & STACY L BRAY LEE S & RHONDA L BROADSTON GAIL ANN PRATT 2751 SANDPIPER TRL 6918 HIGHOVER DR 6400 MELODY LN EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHANHASSEN MN 55317 THOMAS F & NANCY M BRUCH E JEROME CARLSON & JOHN T & ANNE C CARTER 6347 MINNEWASHTA WOODS DR JULIANA MARY CARLSON 6390 MELODY LN EXCELSIOR MN 55331 6950 GALPIN BLVD EXCELSIOR MN 55331 EXCELSIOR MN 55331 PING NG & DENNIS M & JOAN E CLARK ROBERT E & JUDITH B CLARKE 700 T HIGHOVER GH R DR 6651 HAZELTINE BLVD 6821 HIGHOVER DR CHANHASSEN MN 55317 EXCELSIOR MN 55331 CHANHASSEN MN 55317 CHA MICHELLE M CURTIS DAVID H DAMMAN & JOHN & RENA DRAGSETH 2446 64TH ST W LAUREN LIPPMAN-DAMMAN 2600 FOREST AVE EXCELSIOR MN 55331 6934 HIGHOVER DR EXCELSIOR MN 55331 CHANHASSEN MN 55317 LAWRENCE M & ABIGAIL DUMOULIN GERALDINE EIKAAS DANIEL P & 6966 HIGHOVER DR 2763 CHES MAR FARM RD GRIFFI PAMELA M GAFITH-ENBLOM CHANHASSEN MN 55317 EXCELSIOR MN 55331 7010 CHES MAR EXCELSIOR MN 55 55331 BRIAN D & TRICIA J FALK 6475 TANAGERS PT EXCELSIOR MN 55331 ANTHONY LEE FREEMAN 6786 HIGHOVER DR CHANHASSEN MN 55317 MICHAEL L & SUSAN FAULK 2791 PIPER RIDGE LN EXCELSIOR MN 55331 BARRY G & JENNIFER J FRIENDS 2735 CHES MAR FARM RD EXCELSIOR MN 55331 THOMAS E FISHER 6349 MINNEWASHTA WOODS DR EXCELSIOR MN 55331 DAVID E & KATHLEEN K FULKERSON 6900 HIGHOVER DR CHANHASSEN MN 55317 MICHAEL W & SUSAN L GILBERT BENJAMIN & H GOWEN MAINE E GRANT TRU 7100 CHES MAR DR 6440 HAZELTINE BLVD TRUSTEE OF TRUST EXCELSIOR MN 55331 EXCELSIOR MN 55331 2782 PIPER RIDGE LN EXCELSIOR MN 55331 WILLIAM J JR & TERESA A GREER WILLIAM D & MARY D HAWORTH RANDOLPH H & KELLY A HERMAN 2771 PIPER RIDGE LN 6818 HIGHOVER DR 2792 PIPER RIDGE LN EXCELSIOR MN 55331 CHANHASSEN MN 55317 EXCELSIOR MN 55331 DARRELL W & JUDY E HINKLIN 6345 MINNEWASHTA WOODS DR EXCELSIOR MN 55331 DARRELL & LAURICE JOHNSON 2731 PIPER RIDGE LN EXCELSIOR MN 55331 LEONARD V & MARY ELLEN KUHI 2703 CHES MAR FARM RD EXCELSIOR MN 55331 MICHAEL P & TERRI A MASON 2711 PIPER RIDGE LN EXCELSIOR MN 55331 THOMAS M & KIMBERLY A MCREAVY 2751 PIPER RIDGE LN EXCELSIOR MN 55331 HOWARD G & MICHELLE N NELSON 2445 64TH ST W EXCELSIOR MN 55331 MARK JOLSON 7011 HIGHOVER DR CHANHASSEN MN 55317 RUSSELL J & LYNN F PAULY 2447 64TH ST W EXCELSIOR MN 55331 DAVID G & STACEY R HURRELL 7460 BENT BOW TRL CHANHASSEN MN 55317 JAMES H & ALICIA M JOHNSON 2762 PIPER RIDGE LN EXCELSIOR MN 55331 KENNETH J & BETTY L LANG 2631 FOREST AVE EXCELSIOR MN 55331 MICHAEL J & CANDICE K MCGRAW 2446 HIGHOVER TRL CHANHASSEN MN 55317 MATTHEW & KRISTINE MEDICK 6800 HIGHOVER DR CHANHASSEN MN 55317 JOHN T & BARBARA N NEVIN 6361 MINNEWASHTA WOODS DR EXCELSIOR MN 55331 DAVID C & LISA K OWEN 2444 LAKE LUCY RD CHANHASSEN MN 55317 KENNETH R & LISA MARIE PEITZ 6811 HIGHOVER DR CHANHASSEN MN 55317 IND SCHOOL DIST 276 261 SCHOOL AVE EXCELSIOR MN 55331 WILLIAM D & BARBARA L JOHNSON 7060 CHES MAR DR EXCELSIOR MN 55331 KATHLEEN E MACK 6984 HIGHOVER DR CHANHASSEN MN 55317 PATRICK J & LISA M MCNULTY 6842 HIGHOVER DR CHANHASSEN MN 55317 MPLS COUNCIL OF CAMPFIRE GIRLS 2610 UNIVERSITY AVE W MINNEAPOLIS MN 55114 OLIVEWOOD HOMEOWNERS ASSN C/O BRIAN FALK 6475 TANAGERS PT EXCELSIOR MN 55331 PAINTING PERFECTION LTD 13875 FENWAY BLVD N SUITE 300 HUGO MN 55038 WAYNE PETERSON & KELLY WATSON 2444 64TH ST W EXCELSIOR MN 55331 KEVIN & IVY PETTIS PAUL R & CAROLINDA PRENEVOST GARY G & JANET REED 2742 PIPER RIDGE LN 6351 MINNEWASHTA WOODS 2461 64TH ST W EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHARLESERGER III & SENBE CLAIRE GREGORY L & NANCY L SCHMIDT WILLIAM M & SANDRA B SHAVER 2700 CHES MAR FARM RD 2458 HIGHOVER TRL 2772 PIPEERR RIDGE IDGE LLN N EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHANHASSEN MN 55317 DEAN A & JACQUELINE P SIMPSON 7185 HAZELTINE BLVD EXCELSIOR MN 55331 CHRISTOPHER E STEELE & GAIL C LOFNESS STEELE 6455 TANAGERS PT CHANHASSEN MN 55317 JOSEPH P THULL 6872 HIGHOVER DR CHANHASSEN MN 55317 TRAVIS D & NATALIE A SPRAGUE 6888 HIGHOVER DR CHANHASSEN MN 55317 JAMES & CANDACE STORM 20 2ND ST NE APT 2703 55413 JAMES G WAYNE JR 7200 HAZELTINE BLVD EXCELSIOR MN 55331 KINGSTON SPURBECK 6350 FOREST CIR EXCELSIOR MN 55331 RICHARD E & KIMBERLY TENNYSON 2722 PIPER RIDGE LN EXCELSIOR MN 55331 WILLIAM C & ANNE T WENDELL 6814 HIGHOVER DR CHANHASSEN MN 55317 WALTER A & MELBA D WHITEHILL PAUL R & ROXANNE J YOUNGQUIST WILLIAM M ZIEGLER 7250 HAZELTINE BLVD 7105 HAZELTINE BLVD 6441 ORIOLE AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, February 1, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for amendment to Conditional Use Permit No. 75-2 to eliminate the horse wer restriction at Boat Access #1 Planning File: 04-37 Applicant: Carver County Parks Property Lake Minnewashta Regional Park Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer, Planner I at 952 -227 - Questions & 1132 or e-mail imetzer@ci.chanhassen.mn.us. If you choose Comments: to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at http://206.10.76.6tweblink the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, lard use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to wmmerciaUndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespemon/reprewntative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. � � ■ % , }&%4g\ g 9 QlGS� �•"r:f,!!|!2 R:622:2 �Jle s R va X00 /) 2!/2g2! CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED CONDITIONAL USE PERMIT LAKE MINNEWASHTA REGIONAL PARK THIS AGREEMENT, made and entered into by and between the City of Chanhassen, hereinafter referred to as the City, and the Board of Commissioners of Carver County, hereinafter referred to as the County; WITNESSETH, that in the exercise of their powers pursuant to law, and in consideration of the mutual convenants herein con- tained, the City and County recite and agree as follows: Section 1. Recitals. 1.01. State Law and City Zoning Ordinance. It is acknowledged by the parties hereto that under the provisions of M.S. §398.32, no county parklands or waters may be acquired within the limits of any city without the approval by resolution of the governing body of any such city; and it is further acknowledged that under the provisions of the City zoning ordi- nance, parks and recreational areas owned and operated by govern- mental units may be allowed within residential zoning districts only upon the securing of a conditional use permit from the City. 1.02. County Park Proposal. The County proposes the acquisition and --development of a regional park to be located on the northeast shore of Lake Minnewashta, designating said park as Lake Minnewashta Regional Park (hereinafter referred to as the "park"), and has made application to the City for approval of said acquisition and development and the issuance of a con- ditional use permit. 1.03. Lake Minnewashta Regional Park Master Plan. Except as hereinafter modified or otherwise provided, the Lake Minnewasbta Regional Park Master Plan - 1982 Updated - as approved by the County Board of Commissioners on April 13, 1982 forms the basis of this conditional use permit for said County Regional Park. Said Master Plan and approving County motion are attached hereto as Exhibits "A" and "B" respectively and incor- porated herein by reference. 1.04. General Purpose. The purpose of this agreement is to setforth the terms and conditions governing the approval by the City of the parkland acquisition and the grant of the within conditional use permit which are conditions precedent to land acquisition by the County for the park. Section Park Areas C and D. 2.01. Master Plan. Whereas the Citi, t'• and the Metropolitan Council of the Twin Cities have determined that removal of areas C and D from the Master Plan of the Lake Minnewashta Regionr 'ark, hereinafter referr( .o as the "Master Plan", will not advvLsely affect the purpose u, 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. 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 moniccr 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, Policinq, Fire Protection and Access. 6.01. County Park Ordinance. The Park Ordinance of the County shall regulate the use of the park. The City and the Advisory Committee shall recommend any appropriate amendments to the County Park Ordinance or regulatory County Board Resolutions as the same may be applicable to the park. In addition, all County proposed park ordinance amendments or regulatory resolu- tions shall be reviewed by the Advisory Committee for its recom- mendations and comments prior to enactment. 6.02. Policing. Policing of the park shall be the responsibility of the County through its Sheriff's Department at no cost to the City. Any supplementary police services furnished by any future City police department shall be performed only under the terms and conditions of a mutual aid agreement the City and the County. 6.03. Firb Protection and Emergency Services. Fire pro- tection and emergency rescue services necessitated by land - oriented incidents shall be provided by the Fire Department of the City. Emergency rescue services necessitated by water - oriented incidents shall be provided by County lifeguards or the County Sheriff's Water Patrol. 6.04. Lake Access. A watercraft access to Lake Minnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access is to be limited for launch of watercraft of ten (10) horsepower or less and have a capacity of 10 car/trailer spaces. An additional access without horsepower restrictions having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2nd Access" marked official Copy. Section 7. Roads, Water and Sanitary Sewer Services. 7.01. Roads. All roads and trails within the park shall be constructed and maintained, including snow plowing, by the County. -3- 7.02. Water ana Sanitary Sewer Services. The County shall provide water and sanitary sewer systems through on-site facilities approved by the Minnesota State Board of Health and such other state regulatory agencies having regulatory power thereof. When available, said water and sanitary sewer services shall be connected to the City facilities at the expense of the County. All connection charges, Metropolitan Waste Control Comission sewer availability charges (SAC charges), and sewer and water usage charges shall be paid by the County to the City at the reasonable and customary then prevailing City rates for com- parable uses. Except for trunk water and sewer assessments payable as provided in §8.01 hereof, sewer and water charges will not be based on a price structure which assumes a 211 dwelling unit development, but rather will be based on a comparison of volumes generated by similar residential, commercial or institu- tional uses. 7.03. Water and Sanitary Sewer Easements. The County shall provide, consistent with applicable Metropolitan Council policies and the grant contract for acquisition of the Lake Minnewashta Regional Park between the County and Metropolitan County, at no cost to the City, such linear water and sewer ease- ments as the City may deem necessary to provide water and sani- tary.sewer services to the park and contiguous areas. Said easement alignments shall not be so located as to materially affect the character of the park. Section 8. Assessments, Taxes and Costs. 8.01. Outstanding Assessments. By resolution adopted October 20, 1975, the City levied a total of 211 trunk water and sewer unit assessments against the properties to be acquired for the park. It is a condition to the grant of the within con- ditional use permit that all of said assessments to be paid in full by the County immediately upon its acquisition of said prop- erties. Included within said.payment shall be accrued interest computed pursuant to M.S. §429.061. 8.02. Tax Equivalents. In the event the Metropolitan Council of the Twin Cities fails or declines to pay to the City tax equivalents under M.S. §473.341, it is agreed that said tax equivalents shall be paid by the County to the City upon demand. 8.03. City Costs. The County agrees to reimburse the City promptly upon invoicing therefor, all resonable and custo- mary costs incurred by the City since the enception of the park concept through the conditional use permit. Eligible costs shall consist of publication and notification expenses, attorney fees, engineering fees, costs in connection with the November 2, 1977 Public hearing, and any other reasonable outside direct costs to the City. Section 9. General Provisions. 9.01. Indemnifica=i=n. 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 Cicy, diali de end 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 ,"7 -• day of 0$,ra� 1984, by the City of Chanhassen. ATTEST: CITY OF CHANHASSEN _"Ilerl By-�7 Zager �" MaGGGGy....or Executed this /.1 tday of c>.:.% 1984, by the Board of Commissioners of Carver County. ATTEST: BOARD OF COMMISSIONERS OF CARVER COUNTY County Executive Secretary -5- I * CIfYOF CAMEK Date: January 13, 2005 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planner I Subject: 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. Planning Case: 04-37 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on December 30, 2004. The 60 -day review period ends February 28, 2005. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Comtnission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on February 1, 2005 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than January 20, 2005. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or SprintfUnited) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Other - 14. Other - CARVER ER COUNTY CARVER COUNTY PARKS 11360 Highway 212 West, PO Box 330 Cologne, MN 55322-0330 Phone(952)466-5250 Fax(052)466-5223 www.co.carver.mn.us/parks Division of Public Works 11360 Hwy. 212 Wert, PO Boz 300 Cologne, MN 55322-0300 Phone (952) 466-5200 Fn(952)466-5223 RECEIVE® Kate Aanenson SEP 2 9 2004 City of Chanhassen 7700 Market Blvd CITY OF CHANHASSEN P.O. Box 147 Chanhassen, MN 55317 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 from two boat accesses and their motor sizes. For these reasons, Carver County Parks requests the conditional use permit be amended to eliminate the horsepower restriction at boat access #1. Enclosed is the proposed Amendment #1 for the Conditional Use Permit for Lake Minnewashta Regional Park Please notify me with any questions or concerns by October 15u', 2004. County Parks ecANNU won It r.T.; I W2 It r.T.; I 0 CffYOF Date: January 13, 2005 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planner I 100 Subject: 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. Planning Case: 04-37 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on December 30, 2004. The 60 -day review period ends February 28, 2005. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on February 1, 2005 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than January 20, 2005. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official L Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept, of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Other - 14. Other - r CARVER COUNTY Kate Aanenson City of Chanhassen 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 Dear Ms. Aanenson, CARVER COUNTY PARKS 11360 Highway 212 West, PO Box 330 Cologne, MN 55322-0330 Phone (952) 466-5250 Fax (952) 466-5223 www.co.carver.mn.us/parks Division of Public Works 11360 Hwy. 212 WeskPO Bm 300 Cologne, )AN 55322-0300 Phow (952) 466-5200 F=(952)466-5223 RECEIVED SEP 2' 9 2004 CITY OF CHANHASSEN Earlier this summer we talked about the horsepower restriction listed in the Lake Minnewashta Regional Park Conditional Use Permit issued by the City of Chanhassen. Since the inception of the conditional use permit the DNR has added "No Wake" restrictions to the bay of Lake Minnewashta where boat access #1 is located. The "No Wake" restriction eliminates the need for a horsepower restriction in the bay of Lake Minnewashta. Additionally, the horsepower restriction is not manageable. Boaters come and go throughout the day with varying motor sizes. A boater will choose one of two parking areas in the park based on availability of a parking stall and not the size of motor. It is not reasonable to enforce a horsepower restriction and keep track of boaters coming and going from two boat accesses and their motor sizes. For these reasons, Carver County Parks requests the conditional use permit be amended to eliminate the horsepower restriction at boat access #1. Enclosed is the proposed Amendment #1 for the Conditional Use Permit for Lake Minnewashta Regional Park Please notify me with any questions or concerns by October 15u', 2004. Klevan Schmitz County Parks SCANNED 9! 00 9! CITY OF CHANHASSEN CARVER COUNTY MINNESOTA AMENDMENT #1 FOR CONDITIONAL USE PERMIT LAKE MINNEWASHTA REGIONAL PARK Amend section 6.04 Lake Access. Eliminate the horsepower restriction (Ten Horsepower) at access which has a capacity of 10 car/trailer spaces (Access #1) at Lake Minnewashta Regional Park. Executed this day of Attest: City Clerk/Manager Executed this day of _ Commissioners of Carver County. Attest: County Administrator HALMP\Amendtnent #1 LMP use permit.doc 2004, by the City of Chanhassen. Mayor 2004, by the Board of Chair of the Carver County Board $CANNED CITY OF CIiANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 04-37 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, February 1, 2005, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a 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. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Josh Metzer, Planner I Email: imetzer@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on January 20, 2005) CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on January 7, 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 Invitation for Public Comment on Proposed CUP Amendment to Boat Access #1 at Lake Minnewashta Regional Park 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. Kare J. Enge dt, Dep y Clerk Subscribed and sworn to before me this 1I'" day of 2005. 41( Notary P blic gAcng\doo\administmtive\norice of amendment boat access meeting notice affidavit of mailing.doc - ' KIM T. MELWSSEN Notary Public -Minnesota My Camrasaion Expires Jan 31,2D10 NOTICE AN INVITATION FOR PUBLIC COMMENT JANUARY 13, 2005, 7-8 P.M. CHANHASSEN RECREATION CENTER 2310 COULTER BOULEVARD PROPOSED CONDITIONAL USE AMENDMENT ELIMINATING THE 10 -HORSEPOWER RESTRICTION FOR BOAT ACCESS #1 AT LAKE MINNEWASHTA REGIONAL PARK Carver County Parks requests the City of Chanhassen amend the conditional use permit with the County for Lake Minnewashta Regional Park. The request is to drop the 10 -horsepower motor restriction at Boat Access #1 located in the park. The County will continue to sign Boat Access #1 and the area known as Little Mini as a no wake zone. The County requests the amendment for the following reasons: • The existing no wake zone eliminates the need for a horsepower restriction and is more sensitive to erosion concerns caused by any boat. • Few boat motors are less than 10 horsepower. • The restriction is not observed by the public. • The restriction can not reasonably be enforced or managed. • It is not cost effective to enforce the restriction. • Boats of varying sizes use boat access #1 during periods of low lake elevation due to the greater water depth at this access. All questions and concerns should be directed to Carver County Parks, Martin Walsh at 952-466-5252. NOTICE AN INVITATION FOR PUBLIC COMMENT JANUARY 13, 2005, 7-8 P.M. CHANHASSEN RECREATION CENTER 2310 COULTER BOULEVARD PROPOSED CONDITIONAL USE AMENDMENT ELIMINATING THE 10 -HORSEPOWER RESTRICTION FOR BOAT ACCESS #1 AT LAKE MINNEWASHTA REGIONAL PARK Carver County Parks requests the City of Chanhassen amend the conditional use permit with the County for Lake Minnewashta Regional Park. The request is to drop the 10 -horsepower motor restriction at Boat Access #1 located in the park. The County will continue to sign Boat Access #1 and the area known as Little Mini as a no wake zone. The County requests the amendment for the following reasons: • The existing no wake zone eliminates the need for a horsepower restriction and is more sensitive to erosion concerns caused by any boat. • Few boat motors are less than 10 horsepower. • The restriction is not observed by the public. • The restriction can not reasonably be enforced or managed. • It is not cost effective to enforce the restriction. • Boats of varying sizes use boat access #1 during periods of low lake elevation due to the greater water depth at this access. All questions and concerns should be directed to Carver County Parks, Martin Walsh at 952-466-5252. 11 Slala a14 Lake Minnewaahta #1 nsofafiner Rus map is neither a legally recd ded map nor a survey and is rmt intended to be used as one. Tis map is a compilation of records, information and data located in various city, county, state and ¢dere all and other sources regarding Me area shown, and is to be used for reference vrposes only. The City does not wamant that me Geographic Information System (GIS) Data used o prepare this map are error free. and the City does not represent that the GIS Data can be used or navigational, tracking or any other purpose requiring exacting measurement of distance or lirection or precision in the depiction of geographic features. H errors or discrepancies are found cease contact 952-227-1107. The preceding disclaimer is pmvided pursuant to Mnnesota itatutes §466 03, Subs. 21 (2000), and Me user of this map acknowledges that Me City shall not )e liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and odd harmless Me City from any and all claims brought by User, its employees or agents. or Mird unties which arise out of the users access «use of data provided. 11 Slala (Boat Access #1l Lake Minnewashta Rus map is neither a legally recorded map nor a survey and is not intended to be used as one. Refs map is a compilation of records, information and data located in various city, county, state and e istal offices and other sources regarding the area shown, and is to be used for reference ouoposes only. The City does not warrant that Me Geographic Information System (GIS) Data used o prepare this map are error free, and Me City does not represent that the GIS Data can be used or navigational, tracking or any other purpose requiring exacting measurement of distance or lirection or precision in the depiction of geographic features. p errors or discrepancies are found lease contact 952-227-1107. The preceding disclaimer is provided pursuant to Mnnesota ilalates §466.03. Subd. 21 (2000), and Me user of this map acknowledges that Me City shall not re liable for any damages, and expressly vraives all claims, and agrees to defend, intlemnify, and odd harmless the City from any and all claims brought by User, its employees or agents, or Mind rarwas whiclo alae out of Me users access or use of data provided_ 3750 ARBORETUM BLVD PO BOX 26 CHANHASSEN MN 55317 ESTATE OF HARRYILOUISE AHRENS CIO JERRY TESCHENDORF 14010 CENTER DR W LAKEWOOD CO 80228 ABRAHAM & DOROTHY ABBARIAO 3750 ARBORETUM BLVD PO BOX 26 CHANHASSEN MN 55317 MARK E AMBROSEN & ANN C SENN 3830 MAPLE SHORES DR EXCELSIOR MN 55331 LEE ANDERSON PLEASANT ACRES HOME OWNERS 6651 MINNEWASHTA PKY EXCELSIOR MN 55331 CHARLES F & VICKI L ANDING 6601 MINNEWASHTA PKY EXCELSIOR MN 55331 HENRY & DOLORES A ARNESON TRUSTEES OF TRUST 13791 TONBRIDGE CT BONITA SPRINGS FL 34135 DEAN J & JILL R BARTA 3837 RED CEDAR POINT RD EXCELSIOR MN 55331 DOUGLAS M & JODI B BERG 3471 SHORE DR EXCELSIOR MN 55331 JAMES R & SHERYL A WORK 3900 LONE CEDAR CIR CHASKA MN 55318 BOYER BUILDING CORP 3435 CO RD 101 MINNETONKA MN 5534E ESTATE OF HARRY/LOUISE AHRENS THOMAS & MARY ALLENBURG C/O JERRY TESCHENDORF 6621 MINNEWASHTA PKY 14010 CENTER DR W EXCELSIOR MN 55331 LAKEWOOD CO 80228 DOUGLAS B & JAMIE ANDERSON 3607 RED CEDAR POINT RD EXCELSIOR MN 55331 LEE R ANDERSON TRUSTEE OF TRUST 6651 MINNEWASHTA PKY EXCELSIOR MN 55331 MARIANNE I & RICHARD BANDING TRUSTEES OF TRUST 3715 SOUTH CEDAR EXCELSIOR MN 55331 MARY JO ANDING BANGASSER 8321 VIEW LN EDEN PRAIRIE MN 55347 JOHN P BAUMTROG & ILENE M LEISTER 3738 HICKORY RD EXCELSIOR MN 55331 RICHARD A & JUDITH F BERLAND 6900 MINNEWASHTA PKY EXCELSIOR MN 55331 GREGORY BOHRER 3706 HICKORY RD EXCELSIOR MN 55331 BOYER LK MINNEWASHTA HOMEOWNER C/O BOYER BUILDING CORP 3435 CO RD 101 MINNETONKA MN 55345 HAZEL P ANDERSON & DARYL D ANDERSON 2851 WASHTA BAY RD EXCELSIOR MN 55331 MICHAEL DEAN ANDERSON 7140 HAZELTINE BLVD EXCELSIOR MN 55331 RICHARD B & MARIANNE F ANDING 3715 SOUTH CEDAR EXCELSIOR MN 55331 DOUGLAS J & CAROLYN A BARINSKY 3719 SOUTH CEDAR EXCELSIOR MN 55331 EVELYN Y BEGLEY 3701 SOUTH CEDAR EXCELSIOR MN 55331 MARTIN & JANET L BEUKHOF 3451 SHORE DR EXCELSIOR MN 55331 FRANCES T BORCHART 7331 MINNEWASHTA PKY EXCELSIOR MN 55331 JAMES & RUTH A BOYLAN 6760 MINNEWASHTA PKY EXCELSIOR MN 55331 PETER T & DEANNA O BRANDT WILLIAM C & JUDITH L BRITT SCOTT A BRAIN & 7570 DOGWOOD RD 6460 TANAGERS PT SHARON L N CEDAR LONE CEDAR EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHA CIR HASKA MN 55318 ROBERT E BRUERS RODNEY & GINGER B CLARKSON WILLIAM P & MARGARET COLDWELL 7054 RED CEDAR CV 3894 LONE CEDAR CIR 3501 SHORE DR EXCELSIOR MN 55331 CHASKA MN 55318 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 C/O JOHN GETSCH 5404 GLENGARRY PKY EDINA MN 55436 STEPHEN M GUNTHER & HELEN KATZ-GUNTHER 3628 HICKORY RD EXCELSIOR MN 55331 GETSCH CORP C/O DANIEL GETSCH 1069 DORLAND RD S MAPLEWOOD MN 55119 ALAN H & KAREN L DIRKS 7431 DOGWOOD EXCELSIOR MN 55331 STEVEN D & JUDY L EMMINGS 6350 GREENBRIAR EXCELSIOR MN 55331 JOHN & JOYCE FOLEY C/O 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 JEROME E COVENY 2921 WASHTA BAY RD EXCELSIOR MN 55331 BIRUTA M DUNDURS 3627 RED CEDAR POINT RD EXCELSIOR MN 55331 KEVIN T & MAUREEN S FARRELL 6541 MINNEWASHTA PKY EXCELSIOR MN 55331 KENT J & JULIE A FORSS 3850 MAPLE SHORES DR EXCELSIOR MN 55331 SCOTT P & LAURIE A GAUER 3820 LONE CEDAR LN CHASKA MN 55318 GETSCH CORP C/O MARJORIE GETSCH 7530 DOGWOOD RD EXCELSIOR MN 55331 JAMES O JR & CHRISTAN GINTHER 3611 IRONWOOD RD EXCELSIOR MN 55331 WAYNE S HAGEN 3421 SHORE DR EXCELSIOR MN 55331 MICHAEL A SR & TONI L HALLEEN ANNALEE MARIE HANSON RICHARD A & DARLENE J HANSON MICHAEL JR & STEPHANIE HALLEEN TRUSTEE OF TRUST 3351 SHORE DR 6400 GREENBRIAR 7750 CRIMSON BAY RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 CHASKA MN 55318 STEVEN P & LAURIE A HANSON JONATHAN D & KRISTI K HARRIS WILLIAM R HAUGH 225 CAMPBELL DR 3241 DARTMOUTH DR 3727 SOUTH CEDAR HOPKINS MN 55343 EXCELSIOR MN 55331 EXCELSIOR MN 55331 KATHRYN B HAWORTH TRUSTEE OF TRUST 7044 RED CEDAR CV EXCELSIOR MN 55331 PATRICIA J HEGMAN 3311 SHORE DR EXCELSIOR MN 55331 DANIEL J & KAREN A HERBST 7640 CRIMSON BAY RD CHASKA MN 55318 ALLEN R & CARRIE A HOFFMAN 3732 HICKORY RD EXCELSIOR MN 55331 ROBERT & CAROL HOLZINGER TRUSTEES OF TRUST 7038 RED CEDAR CV EXCELSIOR MN 55331 PER & E LAURIE JACOBSON 2840 TANAGERS LN EXCELSIOR MN 55331 DANALJOHNSON 6671 MINNEWASHTA PKY EXCELSIOR MN 55331 TERRANCE M & PAMELA JOHNSON 3898 LONE CEDAR LN CHASKA MN 55318 DAVID R BARBARA M HEADLA 6870 MINNEWASHTA PKY EXCELSIOR MN 55331 RICKY A & TOMASA HELLING 11983 NORTH 135TH WAY SCOTTSDALE AZ 85259 CAROL HERGOTT 7098 RED CEDAR CV EXCELSIOR MN 55331 KEVIN R & MARY E HOFFMAN 6631 MINNEWASHTA PKY EXCELSIOR MN 55331 BRUCE J & JEANNINE T HUBBARD 2841 WASHTA BAY RD EXCELSIOR MN 55331 GREGG R & GAY MARIE JANDRO 3896 LONE CEDAR LN CHASKA MN 55318 JEFFREY L & MICHELLE A JOHNSON 3705 SOUTH CEDAR EXCELSIOR MN 55331 THOMAS C & JACQUELINE JOHNSON 3637 SOUTH CEDAR EXCELSIOR MN 55331 ARNOLD & CAROL M HED 3860 LONE CEDAR CIR CHASKA MN 55318 JILL D HEMPEL 3707 SOUTH CEDAR EXCELSIOR MN 55331 DAVID C & DONNA B HOELKE 3621 IRONWOOD RD EXCELSIOR MN 55331 HOLZER TRUST 2003 C/O WAYNE A HOLZER 2911 WASHTA BAY RD EXCELSIOR MN 55331 WILLIAM D & DEBRA J HUMPHRIES 3890 LONE CEDAR CIR CHASKA MN 55318 WAYNE A JESKE 7096 RED CEDAR CV EXCELSIOR MN 55331 LINDA L JOHNSON 3629 RED CEDAR POINT RD EXCELSIOR MN 55331 PAUL R & MARY K JOHNSTON 6485 TANAGERS PT EXCELSIOR MN 55331 L MARTIN & DONNA R JONES ROBERT M & PATRICIA A JOSEPH JOSEPH H & GEORGIA G KANDIKO TRUSTEES OF TRUSTS 6701 MINNEWASHTA PKY 3870 MAPLE SHORES DR 7321 DOGWOOD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JEFFREY W & TERESA P KERTSON STEVEN E & MARSHA E KEUSEMAN JOANNE T KIMBLE & 6810 MINNEWASHTA PKY 3622 RED CEDAR POINT RD MELVIN A KIMBLE EXCELSIOR MN 553317058 RED CEDAR CV EXCELSIOR MN 55331 EXCELSIOR MN 55331 MARIA P KNIGHT ROBERT F & SANDRA K LAPRADE FRITZ WILMER LARSON 8 LAAG NIEUWKOOP 28 6470 TANAGERS PT MARILYN E LARSON 3628 GC KOCKENGEN EXCELSIOR MN 55331 7380 EXCELMINNESIOR N 553HTA PKY EXCELSIOR MN 55331 JEAN D LARSON WILMER & MARILYN LARSON DONALD D & COLLEEN K LINKE 3609 RED CEDAR POINT RD 7380 MINNEWASHTA PKY 7301 MINNEWASHTA PKY EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JAMES F & DOLORES LIPE DOUGLAS D LIVINGSTON DEBORAH S LOCKHART & 3880 LONE CEDAR LN 3331 SHORE DR DIANE LEESON ANDING CHASKA MN 55318 EXCELSIOR MN 55331 3618 RED CEDAR POINT RD EXCELSIOR MN 55331 THOMAS R & KAREN C LONDO CHRISTINE J LUDTKE RICHARD C LUNDELL 3764 LANDINGS DR 6480 TANAGERS PT 7341 DOGWOOD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JESSICA BELLE LYMAN THOMAS E LYONS JOHN D & SARAH H MANEY 3603 RED CEDAR POINT RD 2931 WASHTA BAY RD 7078 RED CEDAR CV EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 STEPHEN C & KAREN A MARTIN WILLIAM & JEAN M MCDANIEL JOHN B MCKELLIP 3211 DARTMOUTH DR 3341 SHORE DR 21020 RADISSON RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 MINNEWASHTA CREEK MINNEWASHTA HEIGHTS ASSN THOMAS JOSEPH MERZ HOMEOWNERS C/O JOHN WARREN, TREAS 3201 DARTMOUTH DR C/O NANCY NARK 6340 ELM TREE AVE EXCELSIOR MN 55331 3950 LINDEN CIR EXCELSIOR MN 55331 EXCELSIOR MN 55331 C/O PATRICIASHORES INC PAUL M & MARJORIE A MODELL JAMES & PATRICIA A MOORE 634 PATICIA CRANE 3441 SHORE DR 3630 HICKORY RD 6341 CYPRESS DR EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 BENNETT J & SHARON M MORGAN MICHAEL & SUSAN L MORGAN WILLARD E MORTON 3920 WHITE OAK LN 3734 HICKORY RD 7024 RED CEDAR CV EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 MPLS COUNCIL OF CAMPFIRE GARY A & KATHLEEN A MUSGJERD WILLIAM O & STEPHANIE NAEGELE GIRLS 6420 TANAGERS PT 3301 SHORE DR 640 GRANT ST E MINNEAPOLIS MN 55404 EXCELSIOR MN 55331 EXCELSIOR MN 55331 TIMOTHY J NELSON & DANA E COOKE 3724 HICKORY RD EXCELSIOR MN 55331 CHARLES & JENNIFER NEWELL 7550 DOGWOOD RD EXCELSIOR MN 55331 CRAIG D & JANIE S NORBY 7351 MINNEWASHTA PKY EXCELSIOR MN 55331 OLIVEWOOD HOMEOWNERS ASSN C/O BRIAN FALK 6475 TANAGERS PT EXCELSIOR MN 55331 KRISTEN L ORTLIP 2831 WASHTA BAY RD EXCELSIOR MN 55331 PEMTOM COMPANY 7597 ANAGRAM DR EDEN PRAIRIE MN 55344 VERNA ARLENE PETERJOHN 3892 LONE CEDAR LN CHASKA MN 55318 PETER J & KARRI J PLUCINAK 3631 SOUTH CEDAR EXCELSIOR MN 55331 PAUL V & ALYSSA S NESS 3732 LANDINGS DR EXCELSIOR MN 55331 DONALD M NICHOLSON 2901 WASHTA BAY RD EXCELSIOR MN 55331 TIMOTHY M & MARY K O'CONNOR 3748 LANDINGS DR EXCELSIOR MN 55331 MARK A & YOMARIE OLSEN 2961 WASHTA BAY CT EXCELSIOR MN 55331 ROBERT C & ANN OSBORNE 3815 RED CEDAR POINT RD EXCELSIOR MN 55331 DAVID & SALLY PETERJOHN 3921 HAWTHORNE CIR EXCELSIOR MN 55331 GARY PETERSON 1769 20TH AVE NW NEW BRIGHTON MN 55112 DAVID & ADELAIDE PRILLAMAN 7064 RED CEDAR CV 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 C PROSHEK 3613 RED CEDAR POINT RD EXCELSIOR MN 55331 QUAI D'ANJOU LLC JANET M QUIST ETAL JOAN E T C C/O JANEETARLSON 4510 WEST LAKERIDGE 7331 DOGWOOD 1884PHALEN PL DENVER CO 80219 EXCELSIOR MN 55331 MAPLEWOOD M APWOOMN 55109 RED CEDAR COVE TOWNHOUSE PATRICIA L RICHARDSON STACEY R & MICHELLE R RICKERT PO BOX 181 7095 RED CEDAR CV 6440 TANAGERS PT EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JAMES P & SUSAN S ROSS 3725 SOUTH CEDAR EXCELSIOR MN 55331 ROBERT E & JUDY D ROYER 7074 RED CEDAR CV EXCELSIOR MN 55331 EDWIN L & LIVIA SEIM COY O & SANDRA S SHELBY TRUSTEES OF SEIM FAMILY TRUST 292 CHARLES DR 7068 RED CEDAR CV SAN LUIS OBISPO CA 93401 EXCELSIOR MN 55331 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 KENNETH R & MARTHA L SORENSEN 3800 LONE CEDAR CIR CHASKA MN 55318 WILLIAM J & EILEEN S STERNARD 3664 LANDINGS DR EXCELSIOR MN 55331 JOHN F & MARY C SCHUMACHER 2941 WASHTA BAY RD EXCELSIOR MN 55331 DEAN A & JACQUELINE P SIMPSON 7185 HAZELTINE BLVD EXCELSIOR MN 55331 EMIL & PATRICIA SOUBA 14025 VALE CT EDEN PRAIRIE MN 55344 STRATFORD RIDGE HOMEOWNERS ASN C/O KEITH F BEDFORD 3961 STRATFORD RDG EXCELSIOR MN 55331 PETER B & PAMELA J STROMMEN DONALD K & CHERLYN SUEKER PAUL GREGORY &MARY S 3221 DARTMOUTH DR 3111 DARTMOUTH DR S RS EXCELSIOR MN 55331 EXCELSIOR MN 55331 CRIMSON BAY RD 20 RIM G CHASKA MN 55318 CHASKA AARON J & ADRIENNE F THOMPSON TROLLS -GLEN HOMEOWNERS ASSN SCOTT A VERGIN 3711 SOUTH CEDAR C/O B F SCHNEIDER, TREASURER 7311 DOGWOOD EXCELSIOR MN 55331 PO BOX 103 EXCELSIOR MN 55331 CHANHASSEN MN 55317 GARY A & JANET K VIERLING 7099 RED CEDAR CV EXCELSIOR MN 55331 CHARLY A W EBBER 3850 LONE CEDAR CIR CHASKA MN 55318 JAMES L & CONNIE A VOLLING 3700 LANDINGS DR EXCELSIOR MN 55331 JOHN L & LORI A WEBER 3220 DARTMOUTH DR EXCELSIOR MN 55331 JAMES A & JEAN WAY 6641 MINNEWASHTA PKY EXCELSIOR MN 55331 CHRIS & KRISTINE W EDES 3716 HICKORY RD EXCELSIOR MN 55331 ANTHONY C & JODI L WEINZETL BRUCE D & KARLA J WICKSTROM ROBERT D & JOY D WILSON 3688 LANDINGS DR 3716 LANDINGS DR TRUSTEES OF WILSON FAM TRUST EXCELSIOR MN 55331 EXCELSIOR MN 55331 7048 RED CEDAR EXCELSIOR MN 55353 31 RICHARD & STEPHANIE F WING BARBARA DIANE WINTHEISER LANE L & RENEA M WOODLAND 3481 SHORE DR 3321 SHORE DR 7034 RED CEDAR CV EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 ADAM E & DARCY R WORLEY THOMAS E & LORI K WRIGHT RICHARD L & ANN M ZWEIG 3920 HAWTHORNE CIR 3607 IRONWOOD RD 3601 IRONWOOD RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 AERIAL MAP LAKE MINNETONKA BY MINNESOTA MARK HURD MAPP 1000 2.000 3000 4000 5000 f}, Mi. THIS MAP WAS MADE FROM 123 SEPERATE AERIAL PHOTOGRAPHS 111 BY MARK HURD MAPP I NG CO. 230 OAK GROVE ST., MINNE APOLIS, MINN. 1000 2.000 3000 4000 5000 f}, Mi. THIS MAP WAS MADE FROM 123 SEPERATE AERIAL PHOTOGRAPHS 111 IA•rp jy f£r -.-!•• .[ r# 17., t{ ` __ _�Kd.""'o`iE Tl Lips X M ♦gam -a < ' 4 1 •� +•c�°rS=i r% ?I1 t - - _�,yp�`�.'pb b►:y. �, ��1+:,+.'4'! - A. -Y-.. _ `� ^t..:[.� �' r`�t JFK.{. _.�� ..i `��._ 1- '' _ t .` T; - �y�,�F� e.\O�=+�-�f,,,.p✓ i�f�� ♦ r',. s 91 � �flt' � � "4i �'.+J p t i �. a �► ..r`.....y ��.-M+-." � -•� s i { d ♦N � *. � p `\' f +� _.R..eFI.^ tri+t.: ,i y fif }�} ,6:,�s.r�-vl.• �� <yt�� y�� .' {4 @ � ��i�.- •• � \iaj4n� 9' xt' �- Cey_t .�� t�j.� � '' ��yj » �t;+e- • � _ � �' , _ f♦ �� 6gfl.R. Rwic.Nit_aA►�s' i. �lJ M.1r�w►�!y .E�.'��' r _ �,• ! ° ' - �......� :ii k a. 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"• �� - r�+4y ?1 r Ij. . . $'f'R �, < ti ,L •'i • gut. t'. )� Jfi d•.} a..r . �pj_� 7g �Y 5t �- �r "r !•.i s, -cg a t '+ �p 9 ' Ca3 fi.S llt '7*,'S%r t10.~2 1 •�•' -v.s JC'r. • t �i -� Cip i.a:• mow.�.�h�N' ��`•,,i �r �3 6j ��^'t •<,?�'. --rl L '�'� r �',.': fc, pe = .ts.... =- �G `�"•/� e +:.J ,9 �IrVt�ij1 it y�rnr; v#..�i•rt 1 moer MU46.� �. }t. � Aa '.. � J��.O• � �at ��i + F�,,`rrr7 �� r lire + ' 1 r ` t,2• r; � .. f r y� � F tr."�T+'k:••VMt'K'R � j r .�# 1 h � er Jy� ',Y�Ptea a=Jp �itef ei• t +� �� .i '6.� � ¢��< ?--1� �i :A . 4 -M �IT n.y a•T46F: ' 1 NOTICE AN INVITATION FOR PUBLIC COMMENT JANUARY 13,2005,7-8 P.M. CHANHASSEN RECREATION CENTER 2310 COULTER BOULEVARD PROPOSED CONDITIONAL USE AMENDMENT ELIMINATING THE 10 -HORSEPOWER RESTRICTION FOR BOAT ACCESS #1 AT LAKE MINNEWASHTA REGIONAL PARK Carver County Parks requests the City of Chanhassen amend the conditional use permit with the County for Lake Minnewashta Regional Park. The request is to drop the 10 -horsepower motor restriction at Boat Access #1 located in the park. The County will continue to sign Boat Access #1 and the area known as Little Mini as a no wake zone. The County requests the amendment for the following reasons: • The existing no wake zone eliminates the need for a horsepower restriction and is more sensitive to erosion concerns caused by any boat. • Few boat motors are less than 10 horsepower. • The restriction is not observed by the public. • The restriction can not reasonably be enforced or managed. • It is not cost effective to enforce the restriction. • Boats of varying sizes use boat access #1 during periods of low lake elevation due to the greater water depth at this access. All questions and concerns should be directed to Carver County Parks, Martin Walsh at 952-466-5252. 1*1 slery 'hs IBoat Access #1l Lake Mlnnewash(a rhis map is neither a legally recorded map nor a survey and Is not intended to be used as one. rhis map is a compilation of records, informabon and data located In various city, county, state and ethereal offices and other sources regarding the area shown, and Is to be used for reference nrposes only. The City does not warrant that the Geographic Information system (GIS) Data used o prepare this map are am free, and the City does not represent Mat the GIs Data can be used or navigational, backing or any other purpose requiring exacting measurement of distance or lirectlon a prmsion In the depiction of geographic features. b errors or discrepancies are found lease contact 952-227-1107. The preceding disclaimer Is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not is, liable for any damages, and expressly waives all claims, and agrees to deland, indemnify, and hold harmless Me City from any and all claims brought by User, its employees or agents, or third larties which abse cut of the uses access or use of data provided. CITY OF CHANHASSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.d.chanhassen.rinin.us 0 CARVER COUNTY Kate Aanenson City of Chanhassen 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 Dear Ms. Aanenson, CARVER COUNTY PARKS 11360 Highway 212 West, PO Box 330 Cologne, MN 55322-0330 Phone(952)466-5250 Fax(952)466-5223 www.co.carver.mn.us/parks Division of Public Works 11360 Hwy. 212 Weq POBm 300 Cobb MN 55322-M Ph® (952)466-5210 F=(952)4665223 RECEIVED SEP 2 9 2004 CITY OF CHANHASSEN Earlier this summer we talked about the horsepower restriction listed m the Lake Minnewashta Regional Park Conditional Use Permit issued by the City of Chanhassen. Since the inception of the conditional use permit the DNR has added "No Wake" restrictions to the bay of Lake Minnewashta where boat access #1 is located. The "No Wake" restriction eliminates the need for a horsepower restriction in the bay of Lake Minnewashta. Additionally, the horsepower restriction is not manageable. Boaters come and go throughout the day with varying motor sizes. A boater will choose one of two parking areas in the park based on availability of a parking stall and not the size of motor. It is not reasonable to enforce a horsepower restriction and keep track of boaters coming and going from two boat accesses and their motor sizes. For these reasons, Carver County Parks requests the conditional use permit be amended to eliminate the horsepower restriction at boat access #1. Enclosed is the proposed Amendment #1 for the Conditional Use. Permit for Lake Minnewashta Regional Park Please notify me with any questions or concerns by October 15'h, 2004. County Parks BCANNO History of Minnewashta Regional Park CUP Motor Restriction 8 • May 21, 1974 -Parks and Recreation commission meeting to discuss the feasibility of making Ches-Mar Farm and Herman Farm part of the Hennipen- Carver Counties Park system. • June 7, 1974 - Parks and Recreation Commission created and Ad Hoc sub committee to study the feasibility of4ppreaWUo acquiroark land in Chanhassen. First scheduled meeting for)dXoc committee is June 13,1974. 974 - City council meeting for 1974 - A public hearing was e e Metropolitan Council to the Council's proposed open space policy plan. • December 19, 1974 - Metropolitan Council adopted the open space chapter of the Metropolitan Development Guide. Joint committee formed after Carver County advised Ci open space plan must Metro lit r to receive " e par un 'ng over a next 5 years. • June 12, 197 - committee polled it's members on th ssue and voted 4 to 3 against park not be vr+- t -F- 11( f5 !, 1975 - Metropolitan Parks an were excluded from consideration pending further details. the Park • November 25, 1975 - Mayor Klinglehutz along with City Council disapprove the establishment of a regional park in the Minnewashta Area - • August 5,1977 concepts. • November 9, 1977 Carver County recommends changing Ci.,P to 20HP limit rather -than 15HP limit. --------------- iVX T rK • November 21, 1977 CUP Approved (15 HP limit) • December 6, 1977 - Carver County Board of Commissioners approves adoption of CUP with a vote of 4-0. October 19, 1981 - Temporary boat launch has been constructed. Council suggests closing access at 10:00 PM. • 1982 - Update of Minnewashta Regional Park Master Plan f ` Se/ $Qv`— T Fybroary 3, 1982 -Carver Cqwuk Parks QpnViFsNon prespATZ lrrent_dete*d • June 21, 1982 - Carver County seeks amendment to CUP removing o�rz I limitation. Referred by City Council to Park and Recreation commission's l gnvironmental Protection Committee to review 15 JIP limit. • July 6, 1982 - Parks and Recreation commission met to discuss removal of horsepower restriction. After much discussion, the commission recommended removal of the horsepower restriction to the Planning Commission. Arks M;L _ 'P 1( • August 12, 1982 -Planning Commission moved to recommend Council maintain the 15 HP limit for the Minnewasta Regional Park Access. • August 23, 1982 - Council tables action to remove horsepower limit to give ad- hoc committee including: Carver County Public Works, DNR and the vA"b Metropolitan Council a chance to discuss options. Z\A my 2 1983 Lake Minnewashta study committee presented recommendation to Install a restriction free boat access allowing�0 parking stalls, 2) City should close access adjacent to Leach's Resort, 3) Access on Little Minne should be kept at the 10 Horsepower limit and a maximum of 15Farking spaces, 4) Little Minne should be zoned "slow no -wake". October 5, 1984.- CUP amendment approved by City Council. October 15, 2002 - Update of Lake Minnewashta Regional Park Master Plan submitted to staff for review �� • September 29, 2004 Request CUP amendment to remove all horsepower restriction from boat access #1 (Little Minne access). Initiating local surface use zoning: Minnesota DNR Page 1 of 4 UIi n(!�- a7TR REG11UTIORS LICENSES. PERMITShortcuts: J \ (ml 14"t"r,drtLfiE�'1.28t11�i$ Site Man I Contact the DNR I What's New? I Newsroom I Events > MN DNR Home > RLP > Regulations > Boating > MOM M. 1 go Initiating local surface use 2 o zoning 4 E, , • ll ' Each year the Minnesota Department of Natural Resources (DNR) receives a number of questions regarding the Chronic wasting disease info placement of restrictions on lakes and rivers. With over 750,000 boats registered as of 1997, some conflicts can be expected in the years to come. This information is designed to - address the most frequently asked questions regarding this PROECT f$ process - called "water surface use management" (WSUM) or IGLIFE P "water surface use zoning." The goal of surface use bqo 652 9093 management is to enhance the recreational use, safety, and enjoyment of lakes and rivers and to preserve them as natural resources of the state. Outdoor activities How do we start? Fishing All water surface use management starts at the local unit of government - town, city or county, depending upon where the Hunting lake or river is located. Any ordinances proposed by the local unit of government must have a hearing and be approved by the Nature viewing DNR before they can go into effect. To improve the process, any local unit of government that is contemplating restrictions OHV riding should contact the DNR as soon as possible at the address or phone number listed below for a packet that will assist them in Recreational geology the completion of the required information before submission to the Department. The DNR can also provide assistance in Scientific & natural areas finding technical information as well as in drafting ordinance language. Shooting ranges What steps do we follow? s There are a number of steps to follow when considering surface Snowmobilin use restrictions - observation, planning, and monitoring the outcome are important. One of the things to consider is that State forests there may already be a state law or rule on the books to handle a specific problem and no additional restrictions may be needed State parks - you may want to check with the local DNR conservation officer or county sheriffs department first. If surface use zoning State trails is the answer, the following should be considered when looking at any of the options listed below: Water recreation http://www.dnr.state.mn.us/regulations/boatwater/surfaccusezoning.htmi 10/18/2004 Initiating local surface use zoning: Minnesota DNR • accommodating all compatible uses, where feasible. • minimizing adverse impacts on natural resources. • minimizing conflicts between users to provide for maximum use, safety and enjoyment. . conforming to the standards set in law and rule. Important factors which influence what type of controls are selected depend upon: the type of water body (lake or river), size, depth and shape of a lake, current and future shoreland development, relationship to other water bodies, environmental factors, accident and safety data, and recreational use patterns. After these are considered, there are a number of options available to address the variables. Available options Time zoning Used in conjunction with other zoning methods to define times, days of the week or periods during the year when restrictions are effective. Choices: . 24 hours a day . sunrise to sunset • 9am to 6pm . noon to 6pm • Memorial Weekend through Labor Day Weekend (either on all days or only on weekends and holidays) or all year. Directions of travel Useful for controlling conflict from high speed activities on a lake, where speed zones may also be established. Choices: • counter -clockwise direction of travel. xow•,. Motor type and size Restrictions on boat type and size are found mostly on smaller lakes, especially where there has been minimal motorboat 25 hp �""` use on the lake and future development may be planned. It controls speed by ,oro controlling horsepower. Choices: Page 2 of 4 Wildlife management areas http://www.dnr.state.mn.us/regulations/boatwater/surfaceusezoning.html 10/18/2004 y Initiating local surface use zoning: Minnesota DNR . no motors . electric motors . 10 hp allowed . 25 hp allowed Speed limits Useful for controlling watercraft speeds for safety or resource concerns. Requires more enforcement than other types of controls. Choices: �. 16 4�',v slow/no wake (5mph) 15 mph 40 mph of government. Choices: Area zoning Also used in conjunction with other zoning methods to identify specific restrictions a lake or river. As an example, speed restrictions may be in place (near marinas or in narrow channels). These areas are normally marked with buoys or signs placed by the local unit . restrictions placed as needed . slow/no wake speeds at 100-150 feet from the shore Other restrictions Restrictions, such as type and size of watercraft and other surface uses (swimming, restrictions on motor vehicle use on the ice, etc.) are also possible. It is also possible to petition the DNR for a variance from any of the listed standards. Conclusions Effective zoning defines objectives clearly, inventories resources, identifies land uses, appraises political influences, and requires public participation. A DNR survey of boat owners found that: Page 3 of 4 hnp://www.dnr.state.mn.us/regulations/boatwater/surfaccusezoning.htm] 10/18/2004 Initiating local surface use zoning: Minnesota DNR boaters who request restrictions prefer speed, horsepower and boat type/size controls perception of zoning needs vary by location and watercraft use on the lake or river boaters in the Metro Area are more likely to ask for restrictions than those in Greater Minnesota With adequate knowledge and proper planning, zoning can be a powerful management tool for providing quality recreation, reducing conflicts among users, and for reducing and improving safety. For more information on water surface use management contact: Minnesota Department of Natural Resources Boat and Water Safety Section 500 Lafayette Road St. Paul, MN 55155-4046 e-mail: info@dnr.state.mn.us tel. (651) 296-3336 or toll-free: 1-888-MINNDNR (646-6367) TDD/Telecommunications Device for the Deaf. (651) 296- 5484 or toll-free: 1-800-657-3929 Back to ton Main Categories: About the DNR I Education & safety training I Grants I Jobs I AUps I Natural resources Outdoor activities I Regulations, licenses. permits Public input I Publications I Stewardship in your backyard Volunteering @ 2004 Minnesota Department of Natural Resources. Copyright Notice. Web site policies: Accessibility. Linking. Primo Page 4 of 4 http://www.dnr.state.mn.us/regulations/boatwater/surfaceusezoning.htmi 10/18/2004 Status of Land Acquisition and Implementation of the 1982 Master Plan Update SECTION II — SETTING / TRENDS / PUBLIC PROCESS FINDINGS Since the 1982 Master Plan Update, there has been no additional land acquisition for the park. Although the 1982 update indicated that two additional properties on the east side of County Road 41 were scheduled for acquisition, that did not occur. BY mutual agreement between. the City of Chanhassen, Carver County, and Metropolitan Council, the October 5, 1984 Amended Conditional Use permit for the park eliminated parcels C and D from being considered for park property. As of 2002, much of that land has been developed for residential subdivisions. With no additional land acquisitions actively being considered, the current park boundary line as illustrated in figure 2.2 is the expected extent of Lake Minnewashta Regional Park property. LAKE MINNEWASHTA REGIONAL PARK MASTER PLAN 2.3 Conclusions_ It is clear that Lake Minnewashta Regional Park is an essential component of the regional park system. LAKE MINNEWASHTA REGIONAL PARK MASTER PLAN 466 1w" a-ati nrv�/ [KtIN JD/ rUISLI(.I-KL)Lt55 FINDINGS Group -Day Camp / Picnic Activities: • Individual groups, such as the Boy and Girls Scouts, currently use the park for group activities and camping. These groups can range in size from less than 100 people to nearly 500. During these visits, most of the park amenities are used, especially those associated with lake and beach activities. • These larger groups use the individual picnic areas as well as the large open green space for activities. There are businesses who are in need of places for company picnics, as well as residents with reunions, etc. • The new park shelter building is well liked, especially the fact that there are flush toilets located there, but needs more shade. • Providing more "family-oriented" picnic areas was thought to be needed to augment the larger shelter structures which are often reserved during the summer season. Other Issues: There are many people who felt that Carver Park, which is close by, provides a lot of paved trails, rentals, and more highly developed activities and the arboretum provides the garden type of atmosphere. As such, Minnewashta should remain a natural park to complement the others. It was felt by many that a better entrance sequence would be beneficial. They would like a friendlier entrance (currently there is a "warning" sign that you see first). Also, the entrance is hard to identify from County. Road 41. Place significant emphasis on restoring the natural landscape to the park. Provide reasonable access to the park for vehicles and pedestrians. Limit vehicle access to one location to minimize the built infrastructure. Make trail connections to local and regional trails to expand visitor recreational opportunities. Create a master plan that is aesthetically appealing as viewed from within and outside the park, as well as from the lake. In consideration of the regional trends and findings of the public process, it is clear that Lake Minnewashta Regional Park is an essential component of the regional park system and will be vital to servicing the recreational needs of residents within Carver and adjoining Hennepin Counties and the larger region. 2.15 Group Camping/Activity Area (with Adventure Course) The group camping and activity area is a new facility proposed for the park under the updated master plan. The primary development feature within this use area would be a shelter structure with restrooms and limited kitchen facilities. SECTION V - DEVELOPMENT MASTER PLAN The group camping and activity area is a new facility proposed for the park under the updated master plan. As shown in the aerial, this functional use area would be located where the second boat launch currently exists (once that is combined with the other boat launch as previously defined in this section). From a group -use standpoint, this location provides a high degree of privacy and site security for activities that range from youth day camps to overnight group camping and other similar youth and adult group uses that are allowed under Carver County's park policies. Scheduled group picnics could also be accommodated at this location under a permit system if demand warrants. Aerial (looking north) illustrating the proposed location for the group campinglactivity area. As shown, this facility would replace the boat launch, which has been consolidated with the other As illustrated in figure 5.5 on boat launch as previously defined in this section. the next page, the primary development feature within this use area would be a shelter structure with restrooms and limited kitchen facilities. The shelter area could be either enclosed or open air, depending on the final architectural program. The group camping and outdoor use area consists of an acre or two of open maintained turf area within the trees and in the adjoinin open area to accommodate groups of up to 60 people. This size of an area would allow for some rotation of use for turf maintenance purposes. Other amenities in this area would be limited and simple in design. This includes drinking fountains (as water service is available), picnic tables, trash containers, and a group fire ringlsmall outdoor theater with grass or bench seating. As shown on the Master Plan graphic, a lake overlook is also proposed for this area. As illustrated in figure 5.5, a controlled entrance drive and parking lot are provided to support the group use facilities. The parking lot would be sized to accommodate approximately 30 vehicles, with some capacity for overflow parking on grass or prairie areas. Given the light traffic, the entrance drive is kept to 18 feet in width. With the more limited use of this area, the parking lot and entrance drive could remain gravel surfaced. LAKE MINNEWASHTA REGIONAL PARK MASTER PUN 5.15 i i= M.. M. M 0 0 a i W W (View of parking area for the existing boat launch.) This area would be converted to a parking area and open use area under the new master plan. Internal Trail System The trail system that exists and is planned for within the park is expected to remain one of the most highly regarded development features. With respect to trail access, a direct connection to the internal trail system is provided via the accessroad. As illustrated on the Master Plan graphic, an Adventure Course is alsc proposed in the group camp area. This facility would support programs that help build participant's aptitudes in a variety of outdoor activities and skills. Although these facilities will ultimately be designed to support specific programs, potential features include a ropes course and climbing apparatus. Along with practical layout considerations, blending these facilities into the natural surroundings is also an important design consideration. SECTION V - DEVELOPMENT MASTER PLAN Consistent with regional recreational trend data, the trail system that exists and is planned for within the park is expected to remain one of the most highly regarded development features. The natural landscapes, overall setting, diversity of trail character, and overall trail length add up to a very compelling experience for the trail user. As the population grows in this region, it is expected that trail use numbers will continue to grow as well. Preserving the overall quality of the trail experience while accommodating more trail users becomes the overriding challenge. Fortunately, the land forms of the park coupled with a variety of vegetation types minimizes the extent of visual overlap between trail segments. The Master Plan graphic highlights the proposed general alignment of the two trail types proposed for the park, which include: • Natural trails — soft -surfaced trails that traverse through the natural areas of the park. • Multipurpose trails — hard -surfaced trails that connect the major park features together internal to the park and the park to the local and regional trail system. The following considers each of these trail types in greater detail. SECTION VI - IMPLEMENTATION, OPERATIONS, AND MANAGEMENT PLAN Master Plan Component General Description of Cost Items Included in Estimate Cost Estimate (In Dollars) Group Picnic Areas 1) Removals and grading 615,000 #2, #3, and #4 2) Parking lot development (asphalt with curb) (with Centralized 3) Development of stormwater convenience systems — natural systems and built Restroom) systems (culverts, storm sewer, etc.) 4) Overflow parking area (prairie) 5) Asphalt connector trails /walks 6) New shelter structure (80 capacity) 7) Miscellaneous site amenities 8) Centralized restroom facility 9) Utilities (well, septic system, electric, etc.) 10) Restoration & landscape enhancements 11) Security lighting Independent Family 1) Removals and grading 50,000 Picnic Areas 2) Misc. improvements (picnic tables, grills, etc.) 3) Restoration & landscape enhancements Play Area 1) Removals and grading for parking lot Improvements 2) Parking lot improvements (asphalt with curb) 3) Development of stormwater convenience systems — natural systems and built systems (culverts, storm sewer, etc.) 4) General improvements to the play structure and misc. site amenities 5) Asphalt connector trails 6) Miscellaneous site amenities 7) Restoration & landscape enhancements Group Camp Area (with Adventure Course) Nature Trails I AKF MINNF%AIACNTA RFrr)MAI DADK AAACTCD DI AM 1) 2) 3) 4) 5) 6) 7) 8) Removals and grading Upgrade aggregate entrance drive and parking area (with gated access) Shelter structure with restrooms (does not include pilings) Utilities (well, septic system, and electric) Adventure course Restoration & landscape enhancements Misc. improvements (picnic tables, grills, trash containers, etc.) Security lighting 11 Removals required for building new trails. 2) Grading and trailbed preparation for new trails 3) Trail developmentlimprovements 4) Trailhead and trailside amenities (overlooks, benches, decks, etc.) 5) Storm sewer systems (culverts, diversions). 6) Misc. improvements (retaining walls, etc.) 105,000 440,000 90,000 1111111. Ilii I. I. I� I. t� � I)♦ Illill�� t� I>,' �' � I� � I� SECTION VI - IMPLEMENTATION, OPERATIONS, AND MANAGEMENT PLAN The implementation strategy for the development program follows more traditional routes. Irrespective of funding availability, some flexibility in setting priorities and implementation strategies will also be needed in order for Carver County to react to the real conditions, circumstances, and opportunities that present themselves. In this light, the greatest utility of the implementation plan is that it provides a framework and starting point for Carver County to develop funding packages and grant applications to achieve the commonly held vision defined by the master plan. Strategy for Implementing the Development Program The implementation strategy for the development program follows more traditional routes. For the most part, future capital improvements for development within the park will be funded through grants secured through the Metropolitan Council. The following table lists the line items defined in the previous cost estimate table in order of priority relative to each other. Note that these priorities are not linked to specific implementation timeframes since actual project phasing will be a function of demand, opportunity, and funding availability. Note also that these priorities are subject to change in future years. Priority Development Component Implementation Focus Total Costs (as defined in Cost (In Dollars) Projections) 1 Park Entrance Drive and Focus in on improving the entrance sequence and park drive 500,000 Entrance Area Enhancements function to better serve visitors. 2 Boat Launch Facilities Focus is on consolidating this function within the park, improving 355,000 service to the visitor, and setting the stage for future developments. 3 Visitor Contact Station Focus is on improving visitor services and control of the park site. 545,000 4 Group Camp Area Focus is on developing a new facility to augment the existing 440,000 (w/Adventure Course) facilities to serve various user groups. 5 Multipurpose Trails Focus is on providing greater pedestrian -level access to key park 230,000 facilities. 6 Nature Trails Focus is on general improvements/expansion to the current 90,000 successful system. 7 Signage Program Focus is on providing a higher level of park and educational 50,000 information to the visitor throughout the park. 8 Off -Leash Dog Area Focus is on providing a greater level of service to this emerging park 85,000 Development use. I AVL 1.AIMMFWA6WTA PFCIrl NIA1 PAPV AAAQGP PI AM -- 6.7 SECTION VI - IMPLEMENTATION, OPERATIONS, AND MANAGEMENT PLAN 6.2 6 Ave .Ai Jimm &cwvA Pcrinrau PARY AAACTFR PI AN Development Program Cost Projections Master Plan General Description of Cost Items Included in Estimate Cost Estimate Component (In Dollars) 1) Removals and grading (includes removal of old County Road 41 corridors) 500,000 Park Entrance Drive and Entrance Area 2) Development of stormwater convenience systems — natural systems and built The cost analysis defines the potential costs associated Enhancements systems (culverts, storm sewer, etc.) with each development component of the master 3) Rural -section asphalt entrance road, turn lanes and pull -off areas plan. 4) Realigned of gravel road to maintenance facilities 5) Gate at entrance and general roadway signage 6) Entrance area enhancements (fencing, etc.) 7) Miscellaneous roadway -related site amenities 8) Restoration & landscape enhancements 1) Removals and grading (including removal of old launch) Boat Launch 355,000 Facilities (Includes 2) Parking lot development (asphalt with curb) Car -Only Parking 3) Development of stormwater convenience systems — natural systems and built Spaces) systems (culverts, storm sewer, etc.) 4) Pedestrian asphalt connector trails and walks 5) Boardwalk between parking lots 6) Double boat launch with two boarding docks 7) Small shelter structure 8) Picnic area amenities and signage 9) Restoration & landscape enhancements 10) Security lighting Visitor Contact 1) Removals and grading 545,000 Station 2) Building structure (1750 s.f. basis) (does not include pilings) 3) Adjoining walkways and patios 4) Restoration & landscape enhancements 5) Utilities (well, septic system, electric, etc.) 6) Miscellaneous site improvements. 7) Security lighting. Picnic Area # 5 1) Removals and grading 130,000 Improvements 2) Parking lot redevelopment (asphalt with curb) 3) Development of stormwater convenience systems — natural systems and built systems (culverts, storm sewer, etc.) 4) Pedestrian asphalt connector trails 5) Overlook area development 6) Restoration & landscape enhancements 7) Security lighting Beach Facilities 1) Sand -based play equipment for beach area 45,000 Improvements 2) Upgrade picnic facilities and misc. site amenities 6.2 6 Ave .Ai Jimm &cwvA Pcrinrau PARY AAACTFR PI AN Summary of 1/21/05 Conversation between DNR Area Hydrologist, Julie Ekman and Chanhassen Resources Intern, Don Asleson On January 21, 2005 Chanhassen Staff contacted Ms. Julie Ekman, Area Hydrologist for the DNR. The call was made to see if Julie had had the opportunity to review the proposed CUP amendment for Access #1 on Lake Minnewashta. Julie had not received the referral, but stated that her department had been out of the office the last three days. I informed her of the proposed amendment and asked her if the DNR had any concerns about Access #1 as an unrestricted access. Julie said that the communities in which the lakes are located determine horsepower limits and that the DNR does not create such limits. She suggested that Access #1 be regulated via surface water zoning as a no -wake area as a way to limit potential impacts. Staff stated that no -wake zoning has been established on that area of the lake. Julie stated that her concerns would be those related to the impact on aquatic vegetation and increased nutrient loading from lake bottom sediments into water column. Staff agreed with Julie on her concerns due to the shallow (lake bottom sediment) and narrow (vegetation) nature of the channel between Access #1 and Minnewashta's main body of water. Julie stated that the DNR does not have any regulatory actions that would stop or limit the CUP amendment. Julie also stated she would review the referral document as soon as she receives it and comment on whether the DNR has any concerns at all. LAKE MINNEWASHTA REGIONAL PARK MASTER PLAN a a a i SECTION 11- SETTING / TRENDS / PUBLIC PROCESS FINDINGS Findings from the Public Process In general, the findings from the public process validated the recreational trends forecasts presented in this section. The initial public meetings were also fruitful in defining how well the current park functions and how new uses can best be accommodated. After consideration of a number of conceptual ideas, consensus was gained for the master plan presented in this report, The following summarizes the key points made during the initial public meetings as they relate to major development issues. Level of Development/Natural Resource Protection: Accommodate the recreational activities that address regional needs az defined by recreational trends and that are appropriate for this particular setting. Strong consensus that development footprint should be kept as small as possible in order to preserve natural open space areas. Ecological stewardship of the park was considered to be of critical importance. The park should complement, not duplicate, services provided in other County and local parks. Trails — General: Strong consensus that paved trails should be kept to a minimum and used primarily to link major use areas together and keep bicycles off the main road, which was considered hazardous. Maintaining an extensive network of natural -surfaced trails received very strong public support. The current trails are highly used, but generally the users feel uncrowded when using the trails and like the woodsy/isolated atmosphere. • General consensus that there should be a safe way for pedestrians to enter the park from the trail that will be along the east side of hwy. 41. (Grade separated crossing thought to be needed.) • The "conservation area" of the park (north portion) is highly used in the winter for cross-country skiing and is highly regarded for its trails. Improving connections was the primary concern. Limited snowmobile access to the park to a connection between the lake and County Road 41 was strongly supported. Walking with pets is a popular activity in the park and most like to keep it "pro -dog", with possibly providing an off -leash area in an out-of-the-way area where conflicts would be minimal. Boat Launch and Boating Related: Providing boat access to the lake was considered a strong continuing need. Although opinion varied on the most advantageous location for the boat launch, keeping the total number of vehicle -trailer parking spaces to around the current 35 was highly supported. Designing the boat launch so that open spaces could be monitored for availability and safety was found to be a key consideration for boat launch users. Limiting the extent to which vehicles with boat trailers would have to travel through the park to get to the launch was also a key concern. Wind exposure and heavy wave action at the second boat launch was of concern to,frequent uses, as was concern that at lower water levels the ramp was much harder to use than the first launch, which is deeper. 2.14 Planning Commission Minutes August 24, 1983 Page 8 Conditional Use Permit Amen Public Present Pat Murphy Mike Liddicoat Arnie Hed t for Carver County Carver County Lake Minnewashta s Study Committee Waibel presented the staff report indicating that approximately one year ago, the Metropolitan Council and D.N.R. noted opposi- tion to the horsepower restriction on the Minnewashta Regional Park access for reasons that it is discriminatory. The City Council, in recognition that resolution of this matter was needed, created the Lake Minnewashta Boat Access Study Committee to research and recommend on how public access to Lake Minnewashta can be best accommodated. He stated that, as far as Minnewashta Regional Park is concerned, the recommendations of the committee are found in the following amendment to the con- ditional use permit. �c n 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 and they came out and looked at the various options and facilities. I think we examined every possible alternative on Minnewashta. It was our objective from the very beginning to control the density on the lake and also to provide public access use of the lake but not abuse. In the past, the access has been next to Leach's Resort, which is actually a vacated street and was not authorized by the D.N.R. so the D.N.R. did not take care of the lake in the past 12-15 years. The use, as you are probably aware of, on 15 and Minnewashta Parkway, there are sometimes 40 or more cars and trailers. So this poses a high safety problem in Minnewashta Parkway. We looked at some creative ways of solving the problem, by moving Minnewashta Parkway further west. We got the cooperation from the City and the County and they examined that. We had a meeting and perhaps 40 or 50 residents from around the lake attended. We found that it was initally not feasible. The most attractive to, we felt, the city, the resi- dents of the lake, the County, D.N.R., Metro Council, was to utilize some of the existing facilities in the regional park. -s Planning Commission Minutes Auyust 24, 1983 Page Our hope there w,,. to keep non -motorized craft -in Little Hirenie Bay .and the motorize.' craft. down the shoreline. The location for the access is nearly a��ie from any residential area. At the �- time the access would go in, ti.* public access that exists next to Leach's will be automatically dosed and that would eliminate any safety problems on Minnewashta Parkway: -_W¢ anticipate that Leach's Resort, because of economic conditions, 'vVlr p abably--no�__ run more than 1-3 years at the most. Currently, Leach's is putting in about 30 boats a day. So if we are lowering the den- sity on that lake for an --excess of the D.N.R. safety standards, 30 boats coming_-frsm Leach's and 25 over at the new park. But when Leach's close, there will be no ne-rease-in spaces at the regional park. We 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. Albee moved, seconded by Noziska to close the public hearing, all voted in favor and the motion carried. Merz moved, seconded by Albee, to recommend that City Council adopt amendment 6.04 to the Conditional Use Permit with the following addition: "The Lake Minnewashta Park be the only access on the lake." and the following specific proposals be adopted as the means of implementing this solution: 1. An additional boat access with no horsepower restriction will be established in Lake Minnewashta Regional Park as shown in Attachment A. This access should be developed in the spring of 1985 at which time a permanent County park employee will be resident at the park. 2. At such time as the new public access is open, the City eheuld will physically close its access adjacent to Leach's Resort. The City sheer will make a policy statement that the closing of a quasi -public access or private access will not constitute a reason or justification to inereasae public access parking or capacity. This statement could shall be included within the City's Comprehensive Plan as is proposed for No. 6. 3. The existing public access on Little Minnie will be limited to a maximum 10 horsepower motor size and a maximum of 15 parking spaces will be provided to serve that access. The County should be permitted to rent a limited number of canoes for use on Little Minnie. 4. The County's master plan be revised to reflect these changes and the City's conditional use permit be amended to reflect these changes. V. VI. X. NA -02622-02 mov 4;/ni• - rcmmit Firrut,ArTun rANI AOFFICE USE ONLY. OF TO WORK IN PROTECTED WATERS OR WETLANDS P.A. N0. Signature of Leasee t:DEPARTMENT NURS04q KINATURAL RESOURCES (INCLUDING DAM SAFETY) Watershed District Goldenrod City or County ► Do- Please read instructions before attempting to complete this application. 0W.D• EDUSCOE Applicant's Name (Last, First, li Authorized Agent (if app! ble r of Telephone Numberaarea County of Carver, Minnesotas ) Address (Street, RFD, Box Number, City, State, Zip Code) CoALrth wset, 600 bast Fourth #tEtra t,. 0plMli ISI 55318 Government Lot(s) Quarter Section(s) Sections(s) Township(s) Range(s) Lot, Block, Sub -Division Fire No., Box No. or Project Address County Project will affect Lake, Wetland or Watercourse TRi sma fro a }�#' team ( number. t�tlae f - i II. PROPOSED PROJECT III. PROJECT AREA W fill W excavate ❑ dam ❑ culvert ❑ shore-protec ❑ drain W construct ❑ lake ❑ wetland ❑ other (sped ❑ remove ❑ other (specify) ❑ wharf [01 shoreline U ❑ abandon 111No .002 ❑ bridge ❑ obstruction ❑ instal ❑ harbor ❑ watercourse REGION VI ❑ riprap ❑ sand blanket WATERS ❑ channel ❑ permanent dock IV. ESTIMATED PROJECT COST $4,000.00 BRIEF EXPLANATION OF PROJECT Constfucttonof a publ I boatigg ceess to Lake Minnewasht in aecordaneew my approved coaster plan ffor Lake N nnevsshta Req Tona Park. Construct ion invo�ves excavat ion o pprodc,SCuYdsoflakebad teriaT tnst ttatlonofaftitsrfabrtcand approx.0Cupdsolfgranula terIa to providea s0urtdoondat)on aad proper slope far boat launching r Tan s to two phase tlase l is described above and uttl i 4omaence sport issuance of Phase 2 !n lacemen perm! s. odes the Tr c creta planks ov r raTap n naui aka platelen funding ts. Boat faun design perce iQs the s JUSTIFICATION (Explain why this project is needed) e boat access Is described ill Carver County's approved development master plan for Lake Mtnnetaashta Regional Park. ENVIRONMENTAL IMPACT (Anticipated changes to the water and related land resources, including unavoidable but detrimental effects) Land -natural shoreline area is disturbed by construction of access road, turnaround area and parking area. ter - lakebed is disturbed by excavation of muck and installation of granular materia/ for ram ALTERNATIVES (Other alternatives to the action proposed) Since the public boating access is in the approved park master plan, its installation Is a imy element In the deveiopment of the park. The only alternative Is that the actual horel)ne location could be changed prior to ennstructton. =t=ry 111ana applivauun pursuant to mmnesota azatutes chapter 105.42 and all supporting rules for a permit to work in or affect the above named protected water(s) in accordance with all supporting maps, plans, and other information submitted with this application. The information submitted and statements made concerning this application are true and correct to the best of my knowledge. STATE OF---MTnnstiata COUNTY OF rary� Subscribed and sworn to before me this _L . + day of JUlRa 10 _ My commission expires Signature of N az_ -� Sig @f for Authorized Agent Date White: Juno 16 1482 Signature of Leasee Date WA Watershed District :h r. Distribution: White: DNR Blue: SWCD Green: Watershed District Goldenrod City or County Pink: Army Corps of Engineers Canary: Applicant fnitDEP--RTMENT OF lL"3 ES 7"a NATURAL RESOURCES Section I (To be completed'gy applican Name of Applicant Cotmty of Carver, Minnesota PROJECT LOCATION Quarter Sectii t a-o--'� w NA -0287401 Rev. //91 LOCAL UNIT OF GOVERNMENT COMMENTS PART 8 Courthouse, 600 East Fourth Street Township(s) Range(s) Coi SE4 h 116N 23W Carver Project will affect (name and number of lake, wetland, or watercourse) `Lake Minnewashta (to -9P) I hereby submit this application for permit to: (mark proper box) ' appropriate water ®work in protected waters Section II (To be con leted b I Vas the Ti ewer' Authori MN 55318 (gig Appant Director of Date kxPublic Works June 16 t98 P y ocal unit of government) The following local unit of government comments and/or recommendations are submitted for consideration Department of Natural Resources•in the disposition of the referenced permit application. (YOURRESPONSE ML SUBMITTED TO THE DNR WITHIN 30 DAYS.) Water Appropriation Permit Applications are to be sent to the ML hca, St. Paul, and Protected Waters Permit: Applications to the DNR Regional Office. SEE REVERSE MAILING FOR COI MAILING ADDRESSES). EV��Q__ I 4 ised .project field inspected by this local unit of government? Title Name of responding Soil and Water Conservation District, Watershed Address (of the above named local unit of Oovernmann JUN? 11982 REGION "VI WATERS ,JUN 241982 CITY Of CHAFkti:-S ❑NO OYES (if Yes, give viewe0s'n Date Telephone No. (Area Code) City or County (DNR — Division of Waters addrestas nn haniel REGION 1 - (&bEMIDJI AREA) Regional Hydrologist DNR --.Division of Waters Rural Route 5, Box 41A Bemidji, MN 56601 (218)755-3973 Detroit Lakes Area Area Hydrologist - DNR - Division of Waters P.O. Box 823 Detroit Lakes, MN 56501 (218) 847- 8275 Fergus Falls Area Area Hydrologist DNR - Division of Waters 1221 Fir Avenue East Fergus Falls, MN 56537 (218)739-7576 NW Area Area Hydrologist DNR —Division of Waters (Served out of Region i headquarters); REGION 2 Regional Hydrologist 4": DNR - Division of Waters 1201 East Highway 2 Grand Rapids, MN 55744 v (218) 327-1716 Grand Rapids Area Area Hydrologist DNR - Division of Waters (Served out of Region 2 headquarters) Duluth Area Area Hydrologist DNR - Division of Waters French River Hatchery 10029 North Shore Drive Duluth, MN 58804 (218) 525-1872 REGION 3 '-' DIVISIO., OF WATERS - ADMINISTRATIVE REGIONS AND AREAS I SBEMIDJIL 2 L. j '— GRAND Ap IDS Detroit Lakes i --- sem. �o,_us Duluth i I Fergus s B)lAINE D I. iI s Regional Hydrologist DNR - Division of Waters - 424 Front St., Box 648 Brainerd, MN 56401 - (218) 828-2605 REGION 3 (Con't.) Brainerd Area Area Hydrologist DNR — Division of Waters (Served out of Region 3 headquarters) Cambridge Area Area Hydrologist DNR - Division of Waters 915 South Highway 65 Cambridge, MN 55008 (612) 689-2832 Little Falls Area Area Hydrologist DNR — Division of Waters (Served out of Region 3 headquarters) St. Cloud Area Area Hydrologist DNR - Division of Waters 3725 12th St. Nath SL Cloud, MN 56301 (612)255-4278 • Little Fails S7 BE®-MIDJI _ REGIONAL OFFICE omDriaRe Duluth _ AREA OFFICE Spice N REGION 4 Regional Hydrologist DNR - Division of Waters Box 756, Highway 15 South New Ulm, MN 56073 (507) 354-2196 Spicer Area Area Hydrologist DNR - Division of Waters P.O. Box 457 232 Lake Ave- South Spicer, MN 56288 (612) 231-5435 =REGIONAL BOUNDARY AREA BOUNDARY 9 ER REGION 4 (Con't.) Marshall Area Area Hydrologist DNR - Division of Waters 1400 East Lyon Box 111 Marshall, MN 56258 (507) 537-7258 New Ulm Area Area Hydrologist DNR - Division of Waters (Served out of Region 4 headquarters) REGION 5 Regional Hydrologist & Areas DNR - Division of Waters 2300 Silver Creek Road, N.E. Rochester, MN 55901 (507) 285-7430 REGION 6 Regional Hydrologist DNR - Division of Waters 1200 Warner Road St. Paul, MN 55106 (612) 296-7523 (No Areas) CENTRAL OFFICE DNR - Division of Waters Box 32, Centennial Office Building SL Paul, MN 55155 (612)296-4800 Council Meeting Sept 'er 12, 1983 -5- CONDITIONAL USE PERMIT AMENDMENT, LAKE MINNEWASHTA REGIONAL PARK: Arnie Hed and Pat Murphy were present. Councilman Horn moved to approve the amended conditional use permit. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. PROPOSED GAMBLING ORDINANCE: Councilman Horn moved to table action. Motion seconded by Counci man Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. TEICH DUMP SITE: The City Engineer will prepare a progress report for the Council. CEMETERY DEED: The City Manager stated this item will be on a f.ture Council agenda. WEED COMPLAINTS: Councilman Geving stated he has received comp aints on the weeds behind Kenny's Market along Chan View. LOW BID REQUIREMENT: The City Manager explained that the City has to accept the low b d f the bidder meets the specifications. 1984 PROPOSED BUDGET: Councilman Geving - You indicated that you had $11,000 in Fund 462 and whether or not there was any thought to putting that money into a new rescue vehicle or something for the fire department. The reason that I say that is I felt that this was a bond issue the generated these funds, I know we spent $16,000 over at Station #1 but I personally feel that these monies belong in some way connected to that initiative that the voters voted on and approved rather than for administrative type things. I would feel better if it was used for something that was more in line with the library, public works department, etc. Mayor Hamilton - Those items that are listed were included in the total bid. It is not something that we are adding on now. They were always intended to be purchased with the bond money. Councilman Geving_ - If that is true I have no problem with the recommen- dation. I heard for the very first time about the roof on the fire sta- tion. I didn't know we had a problem there. I feel that these kinds of dollars possibly could be used for that. I would rather repair something if it's really in bad need of repair than go out and buy other things. Don Ashworth - The Budget does not address two areas. One was the $16,000 estimate cost for roofing the fire station. We did emergency repairs a year ago because the flashing deteriorated. At that point in time the experts that we called in, stated that this was a way to patch that up but in no way was really doing the job. The second issue that the Budget does not address is the Fire Marshal position. As you are aware we did receive a resignation notice from Jim McMahon on July 1st. That is a real problem for the City. We are required under State Statute to provide Fire Marshal services. There are two ways to go in providing that service. One is a full time position which then would be a Public Safety Coordinator and try to pick back up on some of the work that we are not getting done associated with the Fire Department. It would take a budget of somewhere between CITY -OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 STAFF REPORT TO: Chanhassen Planning Commiss FROM: Bob Waibel, City Planner�/� DATE: August 17, 1983 SUBJ: Conditional Use Permit Amendment for a Second Boat Access, Minnewashta Regional Park, Public Hearing PLANNING CASE: 75-2 CUP Approximately one year ago approval of various condit Minnewashta Regional Park. recommended for approval b val of the 10 horsepower r within the park. With con not allow Carver County to the horsepower restriction action on the conditional the Lake Minnewashta Boat was charged to review the Minnewashta and make recom impass. The background an are found in attachments 2 Commission review are comm , the Planning Commission recommended ional use permit amendments for At that time, the only amendment not I the Planning Commission was the remo- =striction on the existing boat access cern that Metropolitan Council would proceed with park improvements until was removed, the City Council tabled use permit amendments and established Access Study Committee. This Committee issue of providing boat access for Lake nendations to resolve the apparent 3 recommendations of the committee and 3. The focus of this Planning ittee recommendations 1 and 3 of the June, 1983 committee report. You will note that the committee report specifies 20 car/trailer spaces for the proposed access whereas the access plan shows 25 spaces. It is staff's understanding that the committee, the D.N.R. and the Metropolitan Council have come to agreement whereby committee recommendations 1 and 3 would accordingly be revised to increase the car/trailer spaces at the proposed access from 20 to 25, reduce the car/trailer spaces at the existing access from 15 to 10 and reduce the horsepower restriction at the existing access from 15 to 10 horsepower. Should the Planning Commission be in concurrence with the recom- mendations of the committee, recommendation should be made to the City Council to amend Section 6.04 of the Minnewashta Regional Park conditional use permit to state the following: Staff Report - Lake Minnewashta CUP August 17, 1983 Page 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 watercraft of ten (10) horsepower or less and have a capcity for 10 car/trailer spaces. An addi- tional access without horsepower restrictions having a capa- city for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewshta Park 2nd Access" marked Official Copy. Prior to construction of the access, detailed plans and specifi- cations will be drawn and presented to appropriate review agen- cies for approval. STAFF REPORT CITY OF 9 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 TO: Chanhassen Planning Commission FROM: Bob Waibel, City Planner DATE: August 5, 1982 SUBJ: Conditional Use Permit Amendment Request, Minnewashta Regional Park PLANNING CASE: 75-2 Conditional Use Permit GENERAL INFORMATION Applicant Status of Applicant Requested Action Purpose Existing Zoning Location Size Existing Land Use County of Carver Attn: Public Works Dept. 600 East 4th Street Chaska, MN 55318 Owner Amendment to the Conditional Use Permit between Carver County and the City of Chanhassen dated December 6, 1977.77. To make the Conditional Use Permit con- sistent with the newly adopted Park Maste Development and Management Plan. R-lA, Agricultural Residence District The northeast shores of Lake Minnewashta. (see attached map) Approximately 350 acres - ultimate park size 403.6 acres. Residential/Agricultural/Vacant Staff Report - Minnewashta Regional Park August 5, 1982 Page 2 Adjacent Land Use North: Single Family Residential and open space South: Multiple Residential/Single Family Residential/Vacant/ Agricultural, zoned R-lA East: Single Family Residential/ Agricultural/School, zoned R-1 and R-lA West: Single Family Residential and Lake Minnewashta, zoned R-1 and Recreational Development Waters 1990 Land Use Plan a. Land Use The property is planned for the develop- ment of a regional park. b. Transportation Trunk Highway 41 is designated at a minor arterial Zoning History February 1972 - the property was zoned R-lA, Agricultural Residence District as part of the adoption of Zoning Ordinance 47. July 1977 - the property was classified as recreational development shoreland as part of the adoption of the Shoreland Management Ordinance. December 1977 - Carver County was granted a Conditional Use Permit from the City of Chanhassen for the aquistion and development of a regional park on the property. Applicable Regulations Section 7.04 of Zoning Ordinance 47 - Parks and recreational areas owned and operated by governmental units in an R-lA districted are permitted only upon the securing of a Conditional Use Permit SPECIAL INFORMATION Public Utilities Presently sanitary sewer and water lateral services are not available to the property. Staff Report - Minnewashta Regional Park August 5, 1982 Page 3 ANALYSIS As mentioned above and as noted in the letter of July 15, 1982 from Carver County Director of Public Works, Pat Murphy, the requested amendments to the Conditional Use Permit are to make the permit consistent with the newly approved and adopted Park Master Development and Management Plan. Of these amendments, the only one of significance is Section 6.04 which is proposed to be deleted in response to the Metropolitan Council park 1 development funding review. In their review of the Minnewashta Regional Park Master Plan, the Metropolitan Council noted that the 15 horsepower Imotor restriction placed by the City of Chanhassen on the public access in the park is discriminatory in nature and is 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, and the State Planning Agency. This review futher recommended funding for other recreational development and aquisition grants for the City and the regional park be withheld until the 15 horsepower restriction has been removed. Upon being informed of this situation, the City Council referred this issue to the Park and Recreation Commission for their review and recommen- dation. On July 6, 1982, the Park and Recreation Commission moved to recommend to the Planning Commission that Section 6.04 of the Conditional Use Permit for Lake Minnewashta Regional Park be stricken. Their recom- mendation was based on their finding that the horsepower restriction was discriminatory in nature and that surface water usage problems would be best implimented through the use of speed limits as opposed to horsepower restrictions. For your review purposes, the following is a brief synopsis of the pro- posed amendments: Section 1.02 adds the word development in recognition that the new Master Plan replaces the previous concept plan and specifys more clearly facility development objectives. Section 1.03 the language has been changed to refer this section of the permit to the adopted Master Plan. Section 3.01 this section is to be amended to include the new design capa- cities setforth in the new Master Plan. Section 5.01 this section is amended to reference that the parks and recreation open space element of the Carver County Comprehensive Plan includes a committement by the County that it is their responsibility to provide regional parks of metropolitan significance which are to serve the county population and residence of the region as well. Staff Report - Minnewashta Regional Park August 5, 1982 Page 4 RECOMMENDATION The Park and Recreation Commission has recommended approval of the changed conditional use permit (specifically deleting Section 6.04) for the followin( reasons: 1). The horsepower restriction is discriminatory against a singular land use (the regional park access). This same restriction does not exist for other property ownership on Lake Minnewashta or at the public access adjacent to Leach's Resort; and 2). The application of restrictions should be uniform as outlined in the city's recently adopted "Water Surface Usage Ordinance" which regulates speed limits for all water craft, regardless of how access to any of our lakes is gained and thus treats all citizens equally, whether they are lake or non -lake owners. PLANNING COMMISSION UPDATE The Planning Commission considered this item at their meeting of August 12, 1982 and moved to recommend that the City Council maintain the 15 horsepower limitation for the Minnewashta Regional Park boat access and moved to recommend approval of the amendments to Sections 1.02, 1.03, 3.01, and 5.01 of the Minnewashta Regional Park Conditional Use Permit. REPORT ATTACHMENTS 1. Location Map 2. Letter from Carver County Public Works Director, Pat Murphy, dated July 15, 1982. 3. User Capacities Table #6 from Lake Minnewashta Regional Park Master Plan - 1982 Update. 4. Minnewashta Regional Park, Conditional Use Permit. 5. Park and Recreation Commission Minutes, July 6, 1982. 6. Excerpts of the Minutes of the Metropolitan Parks and Open Space Commission, Monday, June 7, 1982. 7. "Cooperative Program for Providing Public Access Sites on Metropolitan Lakes" prepared by the Metropolitan Council, Minnesota Department of Natural Resources, and the State Planning Agency. B. Planning Commission Minutes from August 12, 1982. ��n7^^S�n7TATE t y�� HH[ESO UC.='.1 DEPARTMENT OF NATURAL RESOURCES BOX CENTENNIAL OFFICE BUILDING • 5T. PAUL, MINNESOTA • 55155 DNR INFORMATION (612) 2966157 FILE NO - July 7, 1983 Mr. Don Ashworth' City Administrator 690 Coulter Drive Chanhassen, MN 55317 Dear Mr. Ashworth: I appreciate the opportunity to review the "OUTLINE: Report of the Lake Minnewashta Study Committee" of June 1983 concerning public access. I wish to compliment your committee for taking a positive approach to solving the access issue. I was especially interested in the Recommendations Section of the report and would like to provide some comment. All the recommendations have merit. To develop them, I am sure required a considerable amount of thought and effort. The recommendations indicate that Lake. Minnewashta belongs to all the people and should serve both the riparian owners as well as the boating public. I am concerned, however, that Recompiendations 2 & 6 do not reflect the adequacy requirements we have established for all lakes in the metro area. To meet these requirements, Lake Minnewashta must have an access (or accesses) which provide free and unrestricted access and parking for 35 car/trailers. Recommending 2 accesses, one restricted at Little Minnewashta with 15 parking places and one unrestricted in the southern end of the park, may be satisfactory for the present. Perhaps consideration should be given to 10 parking places at Little Minnewashta and 25 at the southern site. This may better reflect both demand and use and would closer meet the goal of 35 unrestricted parking places. The DNR can accept this proposal and will provide fish management if it is implemented. Access to Minnewashta, however, will still remain inadequate until the goal is met. I suggest that the City and County consider, over time, expanding the parking to meet the goal of 35 unrestricted parking places. AAI CnI1A1 nDMn0D 111.I1TV C%ADI nVCD Thank you again for the opportunity to review the report. Sincerely, Michael T. Markell, Supervisor Water Access Section Trails and Waterways Unit Box 52 - Centennial Building Saint Paul, Minnesota 55155 (612) 296-6413 MTM/lr cc: Don Carlson, Special Assistant to the Commissioner Karen Loechler, Administrator, Metro Region Del Barber, Trails & Waterways Coordinator, Metro Region Pat Murphy, Carver County Arne Stefferud, Metropolitan Council August 3, 1983 CITY OF ".. CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Mr. Roger Knutson Grannis, Grannis, Campbell and Farrell 403 Northwestern National Bank Building P.O. Box 57 161 North Concord Street South St. Paul, MN 55075 Dear Mr. Knutson: Attached please find the current and the proposed amended Conditional Use Permits for Minnewashta Regional Park. The sec- tions to be amended are as follows: Section 1.02 - Count Park Proposal: The word development has been added on the first line in recognition that the 1975 Master Plan has been replaced by the 1982 Updated Master Plan which more clearly details Park development objectives. Section 1.03 - Lake Minnewashta Regional Park Master Plan: This section has been revised to reference the permit to the adopted 1982 Master Plan. Section 3.01 - Design Capacities: This section is amended to reference the new design capacities of the 1982 Master Plan. Section 5.01 - Advisory Committee: This section is amended to reference that the parks and recreation open space element of the Carver County Comprehensive Plan includes a commitment by the County that it is their responsibility to provide regional parks of metropolitan significance which are to serve the county popu- lation and residents of the region as well. Section 6.04 - Lake Access: This section is amended to reflect the anticipated reduction of the horsepower restriction on the existing access from 15 to 10 horsepower and planned development of a second access without horsepower restrictions. For your information, the following is a brief chronological sum- mary on this matter. On August 12, 1982, the above amendments were the subject of a August 1, 1983 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 A �. OW Mr. Patrick B. Murphy Director of Public works Carver County Courthouse 600 East 4th Street Chaska, MN 55318 Dear Pat: Attached please find the Minnewashta Regional Park Amended Conditional Use Permit Draft. The amendments include those requested in your letter to myself dated July 15, 1982 and subsequently recommended for approval by the Planning Commission with the exception of Section 6.04 per- taining to boat access. Section 6.04 has been amended to include the recommended reduction in horsepower for the existing access from 15 to 10 horsepower and to include the recommended plans to construct the unrestricted horsepower access in the southwest portion of the park. The City Attorney's Office has advised, that although the new access is not a proposal by Carver County it would be proper to hold a public hearing since it is a facility of relative signifi- cance and does fall within the Park boundaries. The planned schedule of meetings to finalize the amendments to the Conditional Use Permit is as follows: August 24, 1983: Planning Commission Public Hearing to review Minnewashta Regional Park second public access and amendment to Section 6.04 of Conditional Use Permit. September 12, 1983: City Council review of Planning Commission Conditional Use Permit recommendations including Sections 1.02, 1.03, 3.01 and 5.01 which were tabled at the 4. August 23, 1982 City Council meeting. The amended permit is presently being reviewed by the City Attorney's Office. If there are any suggested changes I will notify you of same. I July 14, 1983 Don Ashworth Chanhassen City Administrator 690 Coulter Drive Chanhassen, MN 55317 Dear Mr. Ashworth: ti0 0 O4 � Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 Telephone (612) 291-6359 As part of the Metropolitan Council's approval of the Lake Minnewashta Regional Park Master Plan (Referral File No. 9238-3), on July 159 1982, the Council directed "...staff to aid in the development of a fair and non-discriminatory solution to lake surface use problems in Lake Minnewashta with Carver County and the City of Chanhassen by May 1, 1963•" For the past year, the Lake Minnewashta Study Committee has analyzed a variety of alternatives to provide safe and adequate car -trailer parking to Lake Minne- washta for the boating public. The result of that study, "OUTLINE: Report of the Lake Minnewashta Study Committee," was reviewed by me, Mike Markell of the Minnesota Department of Natural Resources and Mike Liddicoat, Carver County planner, on July 6. Mr. Markell and I were pleased with the report's recom- mendations toyprovide two boat launch sites in Lake Minnewashta Regional Park, utilizing the regional park instead of other land on the west side of the lake. This is the most cost-effective solution. In general, the recommendations meet the Council's directive to staff to develop a "fair and non-discriminatory solution-" However, recommendations 2 and 6 of the report do not reflect the car -trailer parking goal of one 11free and unrestricted" parking space per 20 acres of lake surface as established by the Minnesota DNR. In this case, the goal is 35 car -trailer parking spaces with no limits to motor size --unless riparian boat owners are also limited in the same way. As a member of the Metropolitan Water Access Task Force, the Council is committed to assisting the DNR in meeting this goal. We are aware that the DNR has accepted this proposal with recognition that public boat access to the lake is still not "adequate:" We support the DNR's recommenda- tion that the restricted boat launch on Little Minnewashta be reduced from 15 to 10 car -trailer spaces and the unrestricted boat launch on Lake Minnewashta be increased from 20 to 25 car -trailer spaces (see letter of July 7 from Mike Markell). •_ An Equal opportunity Employer • Don Ashworth Chanhassen City July 14, 1983 Page Two Administrator Regardless of the Chanhassen City Councils decision on the number of car - trailer spaces at each site, we urge them to amend the conditional use permit on the regional park so that these recommendations can be implemented. We appreciated the opportunity to work with you and the Lake Minnewashta Study Committee and hope that the Chanhassen City Council will take favorable action on the committee recommendations. Sincerely, 1�� JN16-� Arne Stefferud Park Planner AS:sa oc:/Pat Murphy, Carver County Mike Marcell, DNA Trails and Waterways Unit John McBride, Chairman, Metropolitan Parks Ray Joachim, Metropolitan Council District and Open Space Commission 14 a CITY O F (. E � r 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: July 11, 1983 SUBJ: Lake Minnewashta Boat Access Study Committee, Presentation of Committee Recommendation Approximately one year ago Carver County approached the City requesting a change in their conditional use permit. Minor modi- fications were being made to the earlier approved master plan. However, the major issue was the dilemma faced by the County regarding the 15 horsepower restriction set by the City as a part of the original conditional use permit. The County does not have a problem with this restriction; however, DNR/Metropolitan Council did. DNR/Metropolitan Council determined that horsepower regulations which treated public accesses different than private accesses could not be sustained in court. Accordingly, they would not allow Carver County to proceed with park improvements (expending allocated grant monies) until such time as the horsepower regula- tion was changed. Numerous public questions were raised when this item appeared on the City Council agenda, i.e. environmental concerns regarding the public access at Little Minnie, reasonable assurance that the City could limit boat access to a reasonable number (one access per 20 acres of water area), were there other locations on the lake to be considered for public access, etc. The attached report summarizes activities of the Study Committee and provides their recommendations. Although no solution pleases everyone, I believe the recommendations of the Study Committee attempt to address major concern areas raised when the original issue was presented. Public attendance at the Study Committee meetings was good (nearly 50 people attended one of their meetings) and general public support (primarily Lake Minnewashta Homeowners) was given to committee recommendations. This item is a presentation item only. Should the City Council endorse the Committee report, City staff will amend the conditional use permit to incorporate the recommendations of the committee and resubmit such to the City Council for final disposition. D Report Of The J,ar mii:ne_washta Study Committ-e June 1983 t±eaibcrs: Arnie Hed - Chair Clerk Horn John Neveaux Tom Merz Pat Murphy F..stablished: by City Council - August 1982 Charr;c: To study public access alternatives for Lake Minnewashta Bac)Zqrourd I. City/County Conditional Use Permit for Lake Minnewashta Regional Park has 15 horsepower limit. 2. City's informal access adjacent�to Leach's Resort is unrestricted. 3-. Private access (Leach's) is unrestricted. 4. DAT, 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 with the 15 horsepower restriction. Also, affected City's park grant consideration. G. County applied for C.U.P. amendment deleting the 15 Horsepower restriction. 7. Park & Recreation. Commission recommended approval. B. Planning Commission recommended denial. 9. City Council established this committee to study alternatives. Committee Fork: 1. Met with DNR & Metro Council representatives: a. Neither DNR nor Metro Council will use their funds for more shoreline when Regional Park has 2 miles. b. DNR would be amenable to location other than the par). -if they did not have to fund land acquisition. be perm.anent,,of adequate design, and the parking area cannot be ser -rated from the launching : •ea by roadway. d. Total of 32 to 37 parkins spaces must be provided to meet DNR•and Metro Councilrequirements. Some of these spaces could be assigned to the restricted access on Little Minne. 2. Reviewed potential access areas around lake: a. hxisti::g city access adjacent to Leach's Resort: * Developed plan for moving Minnewashta Parkway. * Not economically viable. * Residents object to current use and long term use as access. * Apparently unwilling sellers. b. Leach's Resort: * Development potential of land too valuable for long term use as access. * Extremely e --.pensive to acquire. C. Island at south end of lake north of Hwy. 5: Safety problems with car/trailer access off and onto Hwy. 5. * Marginal in size and may require fill on island. * Environmentally sensitive around island as spawning area. * Fill required would make turn lanes expensive and environmentally harmful. Permits for filling would be difficult to obtain. * Potentially expensive and difficult to acquire. d. Existing neighborhood accesses (street extensions) located in several subdivisions: * Extremely disruptive to established neighborhoods. * Expensive and difficult to provide parking. e. Lake Minnewashta Regional Park (3 potential areas): * Little Rinne is environmentally sensitive and should not be the principal.public boat entrance to the lake. itis' !Kl-t t6 cu Uat .l.a ltv t. _.us_yc Utv uyu c.v uv•. v.ur.ivuuw o.0 access without seriou-sly disrupting the planned uses of pier Ding and swimming. Also ing at the "end" of the ent_.ance road, it hinders the operational flexibility of the park plan. * The one other remaining area, located in the southern third of the park, may detract from one picnic area, but would not require any extra road work and a launching and parking area could be reasonably designed and permits should be easily obtainable. Conclusions: 1. An access meeting DNR requirements is in the long term best 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 Retro Council, but is uncoordinated, creates conflicts on the west side of the lake, and does not meet thedefinitionof public access used by those agencies. 4. Access meeting DNR and Metro Council standards can be obtained within the boundaries of Lake Minnewashta Regional Park with less impact on the community than any other location around the lake. Recommendations: We hereby recommend that the City Council endorse the concept of dual public accesses located within Lake Minnewashta Regional Park.. Ile believe this concept provides the best long term solution to providing reasonable public access to Lake Minnewashta with the least impact to the coriaunity and to the environment; and with minimal impact on the County's plan for the regional park. We recommend that the following specific proposals be adopted as the means of implementing this solution: 1. An additional boat access with no horsepower restriction will be established in Lake Minnewashta Regional Park as shown in Attachment A. This access will be limited to a maximum of 20 parking spaces. This access should be developed in the spring of 1985 at which time a permanent County park employee will be resident at the park. 2. At such time as the new public access is open, the City should physically close its access adjacent to Leach's Resort. The City should make a policy statement that the closing of a quasi -public access or private access will not constitute a reason or justification to increase public access parking or capacity. This statement could he included within the City's Comprehensive Plan as is proposed for No. 6. F �3. The existing publ.r access; on Little Minne will be limit A to a i 0 hors ower motor size and a mco. um of 15 parking sprW(-r' will be provided to serve that acce - The County should be permitted to'rent a limited number of canoes for use on Little Vinnie. 4. The County's master plan be revised to reflect these changes and t.ho City's conditional use permit be amended to reflect these chances. 5.. Little Minne should be surface zoned as a "Slow - No Wake" zone, 6. The City should establish a firm policy position regarding all public accesses, such as "the city hereby establishes a boat access policy and standard of one (1) parking space for every 20 acres of water surface -"such being both a minimum and maxirftin, standard on all City lakes." Further, this policy and strrCard should be included within the City's Comprehensive Plan as well as within a lard use ordinance (water surface or zoning), such requiring a 4/5ths vote to -be modified thus providing reasonable assurance of continuity. P Council Meetinq O. r 18, 1982 -5- Mayor Hamilton move:] tc approve the revised site plan for the Chanhassen Lakes Business Center dated received Chanhassen Community Development Department October l�, 1982, with conditions 1-7 of the City Planner's report of October 15, 1982. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Geving and Horn. No negative votes. Motion carried. RICE MARSH LAKE WATERSHED FEASIBILITY STUDY: John Gilbertson of CED was in attendance to make a general presentation of the feasibility study. Council discussion of the need and project costs ensued. RESOLUTION #82-65: Councilman Geving moved the adoption of a resolution accepting the feasibility study. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilmen Geving and Horn. No negative votes. Motion carried. Based on staff recommendation, the Council deferred any further action on this item until the impact of the proposed project on Tax Increment District #2 could be assessed. INFILTRATION/INFLOW REPORT: Representatives of Schoell and Madson and Planning Design and_ Research Engineer's, Inc. were present and., conducted a general review of the report on Infiltration/.Inflow Analysis. RESOLUTION #82-66: Councilman Geving moved the adoption of a resolu- tion accepting the report and directing staff to prepare a follow up report detailing actions that should be taken based on the report's findings. Resolution seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Geving and Horn. No nega- tive votes. Motion carried. PURCHASE OF CITY PROPERTY, ARNU WINDSOR: Mr. Windsor has recently purchased Tract A, RLS #28 and inquired of the City about the possibility of purchasing a triangular portion of City owned property to adjust some irregular property line configurations. Councilman Geving moved to table action until Mr. Windsor can appear before the Council. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilmen Geving and Horn. No negative votes. Motion carried. FINAL PLAT AND DEVELOPMENT CONTRACT, NEAR MOUNTAIN• Mayor Hamilton discussed the following changes to the development contract: Section 4.01 (a) Delete the word "substantially". Section 4.10, Add #6, Soil Conservation Service. Councilman Horn moved to approve the final plat and amended development contract for Near Mountain PRD and authorize the Mayor and City Manager to sign the plat. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Geving and Horn. No negative votes. Motion carried. MINNEWASHTA PARK CONDITIONAL USE PERMIT: Councilman Horn gave a report on a meeting with the DNR and Metropolitan Council Staff. The committee proposed that the existing primary access be upgraded a 10 f Council Meeting October '4, 1982 -6- for a boat access. There was some opposition to the propo,al from the DNR because of the lack of parking. At that meeting, Pat Murphy pointed out that he felt that a boat launching area and a general park area were not generally compatible uses and also felt that he could demonstrate that there would not be adequate parking to provide the kind of parking that is needed for an access area. Pat Murphy further suggested that the DNR look along Minnewashta Parkway, that the road maybe could be straightened out to provide a parking area next to the lake. The DNR would like some assurance from the City that the City would provide the parking area and maintain the area as a primary access area. There would only be a non -motorized access in Minnewashta Park. Councilman Horn moved to accept the Lake Minnewashta Study Committee recommendations. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Geving and Horn. No negative votes. Motion carried. SPECIAL MEETING, FIELD TRIP, DERRICK LAND DEVELOPMENT: Councilman Horn moved to hold a special meeting on October 30, 1982, at 9:00 a.m. for a field trip to Fox Chase. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Geving and Horn. No negative votes. Motion. carried. CHASKA'S HUD APPLICATION: Councilman Geving noted Chaska's plans for asking HUD for $970,000 to revitalize their downtown area and Chanhassen has not attempted it. Scott Martin stated that Chanhassen has a three year working agreement with the Urban Hennepin County Community Development Block Grant Program which means if the City is under one HUD program it cannot apply for a second program. The City will not qualify for at least the next 2; years. CARVER BEACH BOAT MOORING: This item will be discussed on a future agenda. DQWNTOWN REDEVELOPMENT PROJECT: Mayor Hamilton reported on a meeting held with BRW regarding the downtown project. Another meeting with be held November 2nd. Mayor Hamilton - We talked about the ideas that were presented that night and pretty much decided that that wasn't what we wanted to do and based on Don's (Ashworth) report on the fiscal disparities and the good financial position that we are in, in that tax increment district, we don't really need to rush into anything so our next step is we are going to write a position paper saying what the City's position actually is and that will come back to the Council, HRA, and Planning Commission, stating what this group feels our position is currently and the direction that we want to go in. We are going to meet with Kraus -Anderson to let them know where we are and where we see them involved in this whole picture. We are going to go out and do some searching on our own. f We are really in good shape financially so why should we L jump into something when we don't have to. One of the concepts that we looked at as far as development was to look at the possibility of developing the north part Concerns Expressed by Various Parties 1. Public access on "Little Minnie" fosters environmental degradation of that bay because of props of larger motors. 2. Public access on Little Minnie is contrary to Little Minnie being part of nature area of the park. 3. With 2 accesses already operating (City b Leach's), the addition of 30 spaces for unrestricted motor sizes will create more problems on the lake. 4. Because of city access and Leach's being unrestricted, it makes little or no difference if park access is unrestricted. 5. Restricted H.P. size at park access is discriminatory. 1 C o M C.Y /,_j � /, .» , l . l? . ^ "&^ _ Council Meeting AuguJ— 23, 1982 / -3- C Councilman Horn aska- that the meeting with DNR representatives be documented and a copy sent to legislative representatives. CONDITIONAL USE PERMIT REQUEST AND OFF -SALE LIQUOR LICENSE, 195 WEST 78TH: Guy Petersen was present seeking approval of an off -sale liquor license and conditional use permit to open a liquor store at 195 West 178th Street. Councilman Geving moved to grant the off -sale liquor license to Chanhassen Liquors located at 195 West 78th Street in the name of Guy Petersen conditioned upon Council approval of a conditional use permit which has yet to be drafted after complete staff and Council input. Motion seconded by Councilman Horn. The following voted in favor: Councilwoman Swenson, Councilmen Neveaux, Horn, and Geving. Mayor Hamilton voted no. Motion carried. Council members questioned whether the structure value, after the is constructed, meets the ordinance requirement of Section 5.02. applicant must completely comply with all ordinance requirements. Geving left the meeting. addition The Councilmar Mayor Hamilton moved to table action and direct staff to hire an appraiser at the owner's expense, to determine the structural value including the proposed addition. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Motion carried. OFF -SALE LIQUOR LICENSE, GRAPEVINE, INC., WEST 79TH STREET: Councilman Neveaux noted that the value of the structure has been omitted in the application. Luke Melchert and David Schulz were present. Councilman Neveaux moved to grant the off -sale liquor license to Grapevine, Inc. d/b/a MGM Liquor Warehouse. License approval is granted contingent upon verification by the City Attorney that all ordinance requirements are met. Motion seconded by Councilman Horn. The following voted in favor: Councilwoman Swenson, Councilmen Neveaux and Horn. Mayor Hamilton voted no. Motion carried. CONDITIONAL USE PERMIT AMENDMENT REQUEST, MINNEWASHTA REGIONAL PARK• Many residents of the Minnewashta area were present. Pat Murphy, Carver County Director of Public Works was also present. The Metropolitan Council/DNR are seeking City/County deletion of the 15 horsepower restriction claiming that it is discriminatory as it does not apply to any other property owners or launching area on the lake. Citizens on the lake feel that the restriction should not be removed as the City/County made a commitment to placement of this restriction as a part of the original plan approval. Additional factors of concern include the inadequate parking existing at the public launching facility off Minnewashta Parkway, the City's ability to incorporate the launching activites at Lake Minnewashta as a part of overall water surface management ordinances, and the recognition of the environmentally sensitive area where the boat launch facility is located at the regional park. I Councilwoman Swenson moved to table action to give Mr. Murphy an opportunity to discuss options with the Metropolitan Council/DNR. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Motion carried. Founeil Meeting August 1982 -4- Councilman Neveaux moved that an ad-hoc committee of Tom Merz, Councilwoman Swenson, Councilman Neveaux, and Councilman Horn be appointed to review options and report back to the Council within 30 days. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Motion carried. SHURELAND MANAGEMENT SETBACK VARIANCE 3301 SHORE DRIVE, BILL NAEGELE Mr. Naegele is requesting a 35 foot ordinary high water mark setback variance in order to construct an addition onto his garage. Councilman Neveaux moved to accept the Board of Adjustments and Appeals recommendation of August 10, 1982, to allow a setback variance for Bill Naegele at 3301 Shore Drive. Motion seconded by Councilwoman Swenson. _ The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Motion carried. ORDINANCE AMENDMENT AND SUBDIVISION REQUEST FOR DRIVING RANGE AND MINIATURE GOLF COURSE, R-lA DISTRICT, 7800 GALPIN BLVD. Representatives _ of the proposed driving range/miniature golf course as well as Mr. and Mrs. John Hennessy and Mr. and Mrs. Roger Schmidt were present. A variance is requested to subdivide an 18 acre parcel in the unsewered area of the City and a zoning ordinance amendment to establish driving ranges and miniature golf courses as conditional uses in the R-lA District is also requested. RESOLUTION #82-48: Councilman Neveaux moved the adoption of a resolution approving the subdivision of the 18 acre parcel as presented this evening under Planning Case 82-7 with the condition that appropriate documentation be recorded with the Carver County Recorder's Office reflecting that the property is not eligible for a residential, commercial and/or industrial building permit. Resolution seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Motion carried. Councilman Neveaux moved the adoption of a zoning ordinance amendment to allow as a conditional use in an R-lA District golf driving ranges with the provisions that the uses have frontage on a minor arterial, the uses be located so as not to be closer than 500 feet from three of more residential dwellings, and that the conditional use permit must have adequate screening from adjacent property owners. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Motion carried. Councilman Horn moved to adjourn. Motion seconded by Councilman Neveaux. '*The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux and Horn. No negative votes. Meeting adjourned at 12:00. Don Ashworth 1 City Manager t LAKE MIUMEWASHTA COf^11ITTEE Comments and Recommendations on Reoional Park Boat Launch and Access August 23, 1982 I. FACTUAL SUMMARY/BACKGROUND A. 1975 faster Plan '.1. Specific Factors for Limitinn Boat Activity From the Park * Mature and Size of the Lake *,Extent of Existing Home Development * Existing Private Resort * Existino Public Access 2. Recommendations of 1975 master Plan * Boat Type Limitation—nonmotorized, or up to 10 hp. * Parking Limitation -30 cars and trailer space B. 1982 Update of the 1975 Master Plan 1. "Carver County intends to operate the Park according to all conditions set by the city -of Chanhassen, including those regulating the public access." COP fad 1 **However, Carver County recommends removal of horsepower restriction 2. Concerns * Control of Boat Activity in the Park * Control of Boat Activity on the Lake II. REVIEV AND . TI'1ENDATIONS A. Task force Development Guidelines 1. One Boat for each 2D acres of Lake surface • Lake Minnewashta has 65B acres 659 acres/2D acres per boat = 33 boats 2. Access Points + Existing Public Access allows 25 to 30 boats * Leaches Resorts allows 25 to 35 boats * Carver County Park allows 30 boats TOTAL= B5 to 95 boats or 200% of capacity 3. Conclusion To minimize the impact to the lake and on boating safety of operating at 200% of capacity, the horsepower restric- tion must be maintained on the new park access. B. Lake Minnewashts Committee Recommends the following: 1. Maintain Horsepower Restriction a. Allow the park to function as intended—as a nature park with swimming, picnicking, fishing, camping, hiking and nature study. b, Maintain the existing public access for lake owners, fishermen with large hp boats, and water ski boats. Lake Minnewashts home owners negotiated an agreement in 1977. Lie -are willing to abide by this agreement and hope Chanhassen City Council will see fit to acknowledge and back up the original agreement. Planning Commission Minutes August 12, 1982 Page 4 M. Thompson explained that he voted against the motion because the City would be promoting citywide usage of mobile homes, also because the City is committed to allowing for low and moderate income housing. Noziska indicated he voted against the motion because he does not like mobile homes scattered in the City, he also indicated that he feels the proposed ordinance is good. Proposed Amendment to the Lake Minnewashta Regional Park Conditional Use Permit, Public Hearing. Present: Mike Lynch, Park and Recreation Committee Denton White, 3351 Shore Drive Scott Mullin, 3451 Shore Drive Morris Mullin, 3451 Shore Drive Basil & Helen Bastian, 3719 S. Cedar Drive Rob Roy, 3110 Dartmouth Drive Hud Hollenback, 6330 Elm Tree Avenue Jill Hempel, 3707 S. Cedar Drive Marianne Anding, 3715 S. Cedar Drive C.A. Pederson, 3713 South Cedar Drive Annalee Hanson, 6400 Greenbriar Avenue Pat Crane, 6341 Cypress Drive Jack Mauritz, 6930 Tecumsah Mike Liddicoat, 436 Moorland Ave, Madison, WI Wm Loelil, 7197 Frontier Trial Pat Swenson, 9015 Lake Riley Blvd. John Hennessy, 7305 Galpin Blvd. Tom & Mary Merz, 3201 Dartmouth Drive Joe Ridles, 3121 Dartmouth Drive J. Ainthen, 3131 Dartmouth Drive Tan Herbey, 3725 South Cedar Drive Arvid Oas, 3230 Dartmouth Drive Jackie Mielke, 2830 Washta Bay Road Kristen Ortlip, 2831 Washta Bay Road James & Dolores Lipe, 3880 Lone Cedar Circle Don Kelly, 2081 West 65th Street Chairman Partridge called the public hearing to order at p.m. Waibel read the staff report to the Planning Commission. Waibel explained that Carver County is requesting to amend the Conditional Use Permit between the City of Chanhassen and Carver County to make the permit consistent with the newly adopted Park Master Development and Management Plan. Waibel explained that the approximate 350 acres of parkland is located on the northeast side of Lake Minnewashta. Waibel further stated that the property was zoned Agricultural when Zoning Ordinance 47 was adopted in 1972. He explained that in 1977, the property was classified as recreational development shoreland Planning Commission Minutes August 12, 1982 Page 5 when the Shoreland Management Ordinance was adopted, and in December of 1977, Carver County was granted a Conditional Use Permit from the City of Chanhassen to develop the property into a regional park. Waibel indicated that there is presently no sanitary sewer and water services to the property. Waibel explained to the Planning Commission that in the Metropolitan Council's review of the Carver County's request for funding for the regional park, the Metropolitan Council noted that the 15 horsepower motor restriction placed by the City of Chanhassen on the public access in the park is discriminatory in nature and is inconsistent with the "Cooperative Program in Providing Public Access Sites on Metropolitan Area Lakes" which is prepared by the Metropolitan Council and other agencies from the state. Waibel further explained that the Metropolitan Council recommended that funding be withheld until the 15 horsepower restriction has been removed. Tom Merz, 3201 Dartmouth Drive, indicated that he was told that 7500 people would be using the regional park per day, he felt that this amount of people would be devestating to the lake. He indicated that when the regional park was planned it was decided to be used as a nature park, and that the lakeshore owners were guaranteed that the master plan could not be changed. Pat Murphy, Carver County, explained that the capacity amounts will not be affected by this change. He stated that the Metropolitan Council is requesting that the 15 horsepower restriction on motorboats from the park access be changed to a higher amount because they feel it is discriminatory. Murphy also indicated that the Metropolitan Council will hold LAWCON funding from the park, and the Department of Natural Resources will not recognize the access and a public access and will not offer water quality assistance, or fish management programs. It was indicated from the public that the 15 horsepower limit was to help protect the lake and attract fishermen, not fast boaters. M. Thompson stated that it was the intent of the regional park to remain natural. Hud Hollenbeck, former Planning Commission member, explained that when the regional park was planned, the City and County would be in control of the park. He indicated that now the State is putting pressure on the County to change the master plan on the 15 horsepower limit, he further questioned what will be next. He stated that if the horsepower limit has to be changed, then he would recommend that the park be closed because it will ruin the lake. Murphy explained that the State wanted a park close to the Minneapolis area because of the energy crises. He further explained that the State felt people are not traveling as far and would want something close. Planning Commission Minutes August 12, 1982 Page 6 J. Thompson (speaking as a citizen) said that he had been moni- toring the lake and found that the lake is much clearer than any other lake in the area and it would not take much to change it. He expressed concern regarding the number of high powered vehicles allowed on the lake making it unsafe and hard to fish. He indicated he would like to keep the 15 horsepower limit. Mike Lynch, Park and Recreation Committee Chairman, indicated that he feels that public waters is public property and that the lakeshore owners should not be allowed to set a limit on hor- sepower. He also stated that horsepower limits would be hard to enforce, he then asked the lakeshore owners if they would be willing to restrict themselves to 15 horsepower limit. Many of the public indicated that they would. Merz explained that when the regional park was planned, lakeshore owners were sold an agreement that the master plan would not be changed, and now the state wants to change it. Pat Crane, 6341 Cypress Drive, said that he is concerned about the City's problem with the holdback of funding, but if the State can threaten the City with this this year, he asked what would be changed in the plan next year. It was asked how the County is planning to police the number of boats being launched from the access. Murphy explained that he is only allowing a certain number of parking spaces and also there will be someone at the gate to watch. Partridge explained that the Park and Recreation Committee suggested changing the 15 horsepower limit because they felt it is discriminatory. Conrad moved, seconded by Watson, to close the public hearing. All voted in favor and the motion carried. Conrad stated that he feels the intent of the park is to preserve nature, and that an upward change in the horsepower limit would be a change in the intent of the park. He indicated that he felt that a 15 horsepower limit is a little low for fishing. A motion was made by M. Thompson, seconded by J. Thompson, to deny Carver County's request to amend Section.6.04 of the Lake Minnewashta Regional Park Master Plan. He indicated that discri- mination should not be a concern, but preserving the original plan should be. The following voted in favor: M. Thompson, Conrad, J. Thompson, Watson, Noziska, opposed - Partridge. Motion carried. Partridge indicated he feels that denying this request will not do any good. Planning Commission Minutes August 12, 1982 Page 7 Noziska moved, seconded by Conrad, to recommend approval of the Conditional Use Permit changes as proposed in Section 1.02, 1.03, 3.01, and 5.01 as follows: 1.02 - Adds the word development in recognition that the new Master Plan replaces the previous concept plan and specifys more clearly facility development objectives. 1.03 - the language has been changed to refer this section of the permit to the adopted Master Plan. 3.01 - this section is to be amended to include the new design capacities setforth in the new Master Plan. 5.01 - this section is amended to reference that the parks and recreation open space element of the Carver County Comprehensive Plan includes a committement by the County that it is their responsibility to provide regional parks of metropolitan signifi- cance which are to serve the county population and residence of the region as well. The following voted in favor: Partridge, J. Thompson, M. Thompson, Noziska, Conrad. Watson - opposed. Motion carried. Watson explained that she voted against the motion because the regional park is located in an unsewered area and should not have any form of development in that area, also she felt that the City does not have the police power to watch 450 group campers. Subdivision Variance and Zoning Ordinance Amendment Request, 7300 Galpin Lake Road, Public Hearing, Frank Stefonic: Present John & Diane Hennessy, 7305 Galpin Blvd. Dean Eilen, 6142 Ridgewood Drive Patricia Walberg, St. Bonifacius Frank Stefonoc, Mound Jim Lito John Pryzmus, 7476 Saratoga Drive Partridge opened the public hearing at 10:30 p.m. Waibel explained to the Planning Commission that the applicant is requesting to subdivide an 18 acre parcel in the unsewered area of the City, and requesting a zoning ordinance amendment to locate a driving range in a residential district. Waibel explained that this is a variance request from Ordinance 45 and is different from other such requests because the appli- cant is not requesting any building permits. ' PUBLIC WORKS DEPARTMENT =121 448-3435 EXT. 255 COUNTY Of CAIQVEQ July 15, 1982 Mr. Bob Waibel Chanhassen City Planner 690 Coulter Drive Chanhassen, MN 55317 Dear Bob: CARVER COUNTY COURTHOUSE 600 EAST FOURTH STREET CHASKA, MINNESOTA 55318 Attached hereto is a request by Carver County to amend the December 6, 1977 Conditional Use Permit issued by the City of Chanhassen to Carver County for Lake Minnewashta Regional Park. Also attached is the $150.00 filing fee required for the permit amendment to be processed by the City. The County Board of Commissioners request to amend the 1977 permit to relate more precisely to the approved 1982 update of the park's master plan. The amendment request also comes at a time when the 15 horsepower restriction on craft launched at the park's boat access (section 6.04 of the 1977 permit) is being reconsidered by the City of Chanhassen due to its affect on the City's ability to secure local park funds and its effect on the ability of the County to proceed with development of the park as per its approved master plan. The requested amendment of the 1977 permit involves several items as listed below: A. Section 1.02 County Park Proposal should be changed to read: The County proposes the acquisition and development 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 application to the City for approval of said acquisition and development and the issuance of a conditional use permit. B. Section 1.03 Lake M innewashta Regional Park Master Plan should be : be changed to read Except as hereinafter modified or otherwise provided, the Lake Minnewashta Regional Park Master Plan - 1982 Update - 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 incorporated herein by reference.' Affirmalw Action/Equal Opportunity Employer Q June 23, 1982 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Mr. Patrick B. Murphy Director of Public Works Carver County Courthouse 600 East 4th Chaska, MN 55318 RE: Conditional Use Permit Amendment for Lake Minnewashta Regional Park Public Access Dear Pat: Enclosed is a copy of an application form for a Conditional Use Permit for your use in formally seeking an amendment to the Conditional Use Permit issued by the City of Chanhassen to Carver County in 1977 for the development of Lake Minnewashta Regional Park. This application should be completed and returned to Bob Waibel, City Planner, not later than July 15, 1982 if you wish to have the request concerning the boat access horsepower restriction con- sidered by the Chanhassen Planning Commission in August. The application must be accompanied by a $150 filing fee (which is nonrefundable) and a list of property owners (names and addresses) lying within 350 feet of the Park boundaries. As we discussed, on June 21, 1982 the City Council referred this matter to the City Park and Recreation Commission and the newly formed Environmental Protection Committee, who will meet jointly on July 6, 1982 in order to review the status of the 15 horsepower restriction on boats launched at the new Regional Park Public Access. A copy of this meeting agenda will be mailed to you next week. I would anticipate that the Commission and Committee will make a recommendation to the Planning Commission concerning the boat access restriction as a result of this joint meeting. l CITY" OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Don Ashworth, City Manager FROM: Bob Waibel, City Planner DATE: June 24, 1982 SUBJ: Environmental Protection Committee Review of Horsepower Limitations for Minnewashta Regional Park Boat Access I informed the Environmental Protection Committee at their meeting last evening of the fact that the City Council had referred the subject to them for response. I also informed them that they will be receiving a memorandum asking for .their attendance at a joint meeting with the Park and Recreation Commission scheduled for July 6, 1982. The members of the Committee felt that -such rules are not con- sistant with their work program as set forth by the City Council and would possibly interfere with their ability to complete their work program in a timely fashion. This was in the form of a motion and will appear in the minutes of June 22, 1982. JOk_UTION P� , k 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVEeP.O. BOX 147oCHANHASSEN, MINNESOTA 55317x(612) 474-8885 Planning Report June 24, 1975 TO: Planning Commission, City Staff and Carver County FROM: Bruce Pankonin, City Planner SUBJECT: Proposed Minnewashta Regional Park Background 1. The preperty under consideration is 400± acrea located on the north east shore of Lake Minnewashta, Chanhassen, Minnesota. As shown in previous exhibits the study area consists of gently rolling to strongly rolling open and farm land, with extensive stands of hard wood in scattered areas and limited marshland. 2. The City Plan prop..ses the area to be developed as resi- dential planned unit development. 3. STH 41, which forms the eastern boundary of the study area, is to be upgraded by State Highway Department to "intermediate arterial" status. (4 lane divided roadway with strict on grade access control) This upgrading is programmed to occur sometime h&twn_14 ^-1990. 4. On December 19,1974, the Metropolitan Council adopted the Open Space Chapter of the Metropolitan Development Guide-jMDG). The subject property is included as a regional park site in the MDG. 5. Carver County is presently preparing Master Plan for regional park sites at Lake Minnewashta, Lake Waconia, and Baylor Park in response to the MDG. PLANNERS COMMENTS: 1. The criteria to evaluate the proposed regional park is the adopted city plan, and effectthe park would have upon Chanhassen's urban system. (i.e. police, fire, taxes and surface use of Lake Minnewashta, etc.) 2. To accommodate the County's proposal would entail an amend- ment to Chanhassen's Comprehensive Plan as outlined below: a. Informal presentation by the County to Chanhassen's lanning Commission. b. Planning Commission required to hold at least one Public hearing. C. Planning Commission recommendation to City Council. d. Proposed amendment with Planning Commission recommend- ation submitted to the Metropolitan Council for review and comment. e• City Council takes formal action to amend or not amend comprehensive plan. 3. From a planning point of view, a regional park as proposed and property controlled, would have a positive affect on the entire city of Chanhassen and would provide a level of development which would have less of an adverse impact on Lake Minnewashta than a residential planned unit develop- ment. (i.e. controlled boat access allowing non -motorized craft vs. residential development and associative water activity demands.) 4. The County in exhibit 4 has provided cursory economic impact analysis of the regional park on Chanhassen and the School District. I feel this analysis, as outlined is the best guess that could be made at this time and I 4:<4- moi. the__�6u�ity,s_ConClus#orr.-------- 5. I feel the key to success of a -- — -- Point of view, is controlling boatparkaccess to, from Lakes and the city -ia-&r cr \ decision making process. being intimately involved in the land- PLANNER-- RECOMMENDATION: — Order public hearing sentiment. for July 23, 1975, to test community C"A . 7� �y%AMi fiiCvl h� The list includes those elements staff considers crucial to start-up. Roads, parking, beach, picnic, trails and an improved boat access result from this phase of development. Each can be considered as an operable unit of development according to plan, permitting a functioning regional park at the end of this phase of development. ISSUES Two serious issues arise from provisions of the CUP from Chanhassen. 1. BOAT ACCESS. The Conditional Use Permit (CUP) restricts the horsepower and number of boats which may be launched from the regional park lake access. Though the lake's minimum capacity, from the water access task force formula, is 40 boats, the CUP limits parking capacity to 30 boat/trailer units. The agreement also limits motor size across the launch to 15 horsepower. The CUP also sets the capacity of other facilities in the park. None of the capacities in the CUP, other than for the boat launch, appear unduly restrictive. Staff does not strongly oppose the boat number restriction placed on the launch. The lake is busy and boats are launched through resorts on the lake as well as by lakeshore owners. Also, the number of boats permitted is probably adequate to meet expected demand at this time. The 15 horsepower limit, however, is clearly discriminatory against park users. No limits are placed on the number or the horsepower of boats launched across the resort landings, nor are lakeshore owners restricted. Further, no problem has been demonstrated to justify the restriction. During discussion of the draft master plan, the situation was identified and Metro Council and DNR staff commented, as did some Carver County municipalities, suggesting removal of the unfair restricition and development of nondiscriminatory surface use ordinances to remedy any problems which may exist. The issue was noted by county staff and discussed by the Carver County Park Commission and County Board, but was not changed in the adopted master plan. The Carver County Board's position is that it had agreed to the CUP with Chanhassen. Until a changed provision is negotiated, the County Board is compelled to honor the CUP. Since adopting the plan, the County has approached Chanhassen in an attempt to negotiate a change (Attachment A). 2. PARCELS C AND D. The CUP also provides that Carver County acquire parcels C and D, east of Highway 41. The parcels are removed from the rest of the park by TH 41 and, in the opinion of staff, offer no regional benefit to the park. The plan lists, as reasons to acquire, the following: - The parcels provide a nature demonstration area adjacent to West Jr. High (Minnetonka School District), to be used by the school and by the U of M Arboretum, and, presumably, park users. - The parcels provide an "active play area," again adjacent to the school. r Office of Director of Public Works Patrick B. Murphy COUNTY OF CAQVEQ April 22, 1982 Mr. Donald Ashworth City Manager City of Chanhassen P.O. Box 147 Chanhassen, MN 55317 Re: Lake Minnewashta Regional Park Public Access Dear Don: CARVER COUNTY COURTHOUSE 800 EAST 4TH CHASKA, MINNESOTA 55318 We recently submitted to you the updated master plan for Lake Minnewashta Regional Park as adopted by the County Board. As a result of the develop- ment and review of that document, a conflict emerged which could have impacts to the City of Chanhassec_ beyond that of the public access at rn+r regional park. Because of this factor, I am bringing the matter to your attention and suggest that the City may wish to,pursue it further. The County's original master plan and our conditional use permit with the City of Chanhassen both provide for a horsepower restriction at the public access in the regional park. The controlling restrictions on the access are the 15 horsepower limitation and the limitation of 30 parking spaces, since both are contained in the conditional use permit. During their infor- mal review of the public hearing draft of the updated master plan in February, the Metropolitan Council Park and Open Space staff urged that the 15 horsepower limitation not be continued in the updated master plan. This is a result of the work during the past two years of the Cooperative Water Access Task Force (of which the Metropolitan Council is a member) which has been very active in encouraging the acquisition of additional public access sites in the Metro- politan area; as well as assembling a uniform set of standards concerning access development and operation that would equally apply to any unit of government requesting regional, state, or federal funds to develop a public access to a metro area lake. I am attaching a separate paper which explains in more detail why the 15 horsepower restriction creates a problem with the Metropolitan Council. This separate document was used by our Park Commission in their deliberations and is provided here for your information. During the public hearing process on the updated master plan, we received letters from the Metropolitan Council staff and the Minnesota Department of NaturalResources urging that the 15 horsepower limitation be removed. I am attaching copies of those letters for your information: We also received public hearing comments from the City of Chaska and the City of Victoria suggesting that the 15 horsepower limit be removed. Aflrrrtotiue Actlon!Egwl Opportunity Employer Mr. Donald Ashworth April 15, 1982 Page Two The County Park Commission and the Advisory Committee, in considering the hearing comments, came to the conclusion that the 15 horsepower restriction is creating no serious problems at the present time because there are other access points which can be used by boats with larger motors and that the 15 horsepower limitation should continue to be 'included. in the master plan. However, since the current restriction could have future long term implica- tions on the park, and the implications in the DNR's letter certainly could impact the City of Chanhassen in other ways; the Park Commission felt that it would be desireable to notify the City of this concern with the 15 horse- power restriction and suggest that the City consider water surface zoning or other measures as a means of controlling boat usage and any potential surface problems on Lake Minnewashta. The master plan states that: "Carver County intends to operate the park according all conditions set by the City of Chanhassen, including those regarding the public access. However, the County will notify the City that it should consider removing the 15 horsepower motor size restriction at the park's public access in favor of water surface zoning as a means of controlling boat usage and surface problems on Lake Minnewashta." The reasons that the County considered it important to inform the City of Chanhassen of this problem and to suggest that they consider other methods of control at Lake Minne-ashta are: 1. Changes in state law and state rule since the original master plan was developed in 1975 have provided for more flexibility and more local control in regard to the development of water surface usage ordinances. These may provide a much more suitable option than they did in 1975. 2. The options available in assembling a water surface zoning ordinance allow the City to control to the extent it feels is necessary any and all water surface problems, including surface overuse and abuse. Boats launched at the park's public access would be subject to the same regulations as all lakeshore property owners, thus eliminating any discrimination. At the same time, water surface zoning would provide a control over the lake surface that promotes the health, safety and welfare of everyone enjoying the lake. 3. The letter from the DNR clearly states their policy in regard to fish stocking and fish management programs on Lake Minnewashta. It may not be in the long term interest of the City to forego these programs on a lake with the quality of Lake Minnewashta. 4. The fact that the DNR does not recognize that there are any free, unrestricted accesses on Lake Minnewashta at least raises the possibility of the DNR proposing to acquire an additional access meeting their standards on this lake sometime in the future. Mr. Donald Ashworth April 15, 1982 Page Three a 5. It is my understanding that the application of the standards developed by the Cooperative Water Access Task Force in relation to one or more of the City of Chanhassen's LA14CON applications for public accesses on other lakes within the city have created problems for the city. It may be that the application and development of a water surface use ordinance may be a means of protecting the City',s concerns in"these areas while still meeting the agency requirements for qualifying for grant funds. 6. The continuation of the 15 horsepower restriction may result in the disapproval of our updated master plan by the Metropolitan Council and therefore eliminate our ability to begin development at the park. While we are prepared to argue this point and stand on the principle that we do have an agreement with the City of Chanhassen with which we must comply, it is very possible that the willingness of the City to begin discussions on other means of control would result in our plan being approved at this time. If the City does decide to consider other options for control of its lakes, I recognize that this would result in a process which would extend over several months and perhaps up to a year. We would be pleased to participate in the process if you feel we could make a contribution. You may also wish to contact representatives from the Metropolitan Council and from the DNR to determine if they would be willing to provide any input or participation in the process. If you have any questions in regard to this letter, please contact me. I would appreciate receiving some response in the near future. Sin re y, Patrick B. Murphy Director of Public Works PBM:gdr Encl. THE 15 Hr 71STRICTION AT THE PARK'S PUQL1P ACCESS Why it is a problem (from a master plan viewpoint) with the Metropolitan Council Carver County entered into a park acquisition and development agreement with the City of Chanhassen when the City issued a conditional use permit for the park in 1977 (based off of information in the 1975 master plan). At that time, the City supported the contention of surrounding lakeshore owners that some sort of restriction should be applied to the park's -boat access to discourage 1) overuse of the lake surface and 2) the uncontrolled access to the lake of power boaters. Hence, a horsepower restriction at the park's access became a part of the 1975 master plan and a condition in the park's C.U.P. It would serve three purposes. One, it would limit the numbers of craft entering the lake and two, it would prohibit power boats entering the lake causing increased surface congestion. Three, it would restrict craft to small fishing boats, something not viewed as a problem. In 1979, the Cooperative Water Access Task Force was formed of members of the State Planning Agency, the DNR and the Metropolitan Council. One of their tasks was to assemble a uniform set of standards concerning access development and operation that would equally apply to any unit of government requesting regional, state or federal funds to develop a public access to a metro area lake. This was in response to growing public concern that whenever an access project came up, surrounding land owners would pressure local govern- ments into either eliminating the access project altogether or imposing their own conditions of development and operation on the access'to severly limit the general, public's ability to get on the lake through it. The Cooperative Water Access Task Force recognized many of the reasons why local residents are concerned about restricting access to metro area lakes. Surface overuse and abuse are two of the key concerns and have become a problem on some lakes. Recognizing these as legitimate problems caused not just by public accesses but also by increased boat ownership by lakeshore residents and increasing lakeshore development, the task force began pushing for stronger local government awareness of their powers to implement water surface zoning regulations. Cities and counties, they pointed out, have the ability to key in on lake surface problems and custom -make surface zoning laws in conjunction with the DNR to deal with them. The main source of the lake surface problems do not lie in a singular access site - they concern everyone having access to a lake, the task force concluded. The ability of local governments to enact surface zoning would eliminate problems local residents associate with public accesses. What has happened now as a result of the task force's work is that the Metropolitan Council finds itself in the position of having to violate an established set of access standards if they approve our master plan with the horsepower restriction. Even though they once approved an access restriction in the 1975 master plan, the key now is that they may not issue regional funds for the park because they would violate those standards. P.S. The Metropolitan POS staff recognizes (although somewhat reluctantly) that the City of Chanhassen does have land use control through the Conditional Use•Permit over the park. Based on their preliminary review of our draft master plan, they apparently have no problem with any of the other conditions of the permit. R r �'IN CaK�ty 300 Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612,291-6359 March 1, 1982 Patrick Murphy, Director Carver County Public Works Court House - Chaska, Minnesota 55318 Dear Pat: Our preliminary staff review, February 19, of the revised Lake Minnewashta Regional Park Master -Plan, was a positive and productive discussion. For the most part, the plan seems well conceived and, in our opinion, is techni- cally well done. As was said in our discussion on the 19th, the one major issue our staff saw was that part of the conditional use permit with the City of Chanhassen which limited the horsepower of boats launched at the water access site in the park. Our objections are basically two: first, the limitation is discriminatory against users of the regional park when other lake users, not only residents, but those who launch boats from resorts on the lake, are not limited in the same way. -This unfairly discriminates against one Group of public users and should not be allowed. Second, what problem is this limit supposed to remedy? If there is a problem of safety, inappropriate surface use, or environmental damage, we are not aware of it. If such a problem is anticipated, it does not seem to be described -in the.master plan. If there is a problem, good, legal, non-discriminatory lake use regulations are possible. As participants in the Metropolitan Water Access Task Force, I'm sure the Council would join with the Department of Natural Resources and the Department of Energy, Planning and Development in an offer to help cities and counties develop an appropriate remedy. We are sure that a discriminatory clause, such as this An Agency Created to Coordinate the Planning Lind I)evelopment of the Twin Cities Metropolitan Arca Comprising: Anoka County nCarverCounty-) DakotaCounty- tlennepinCounty') Ramsey County..ScottCounty oWashingtonCounty An Equal Opportunity Employer Patrick Murphy -2- March 1, 1982 one, is neither a good solution or a fair and legal restriction on members of the public using this regional park and Lake Minnewashta. REN/mf Encl. Yours very truly, Robert E. Nethercut Director Parks and Open Space L4ADEPARTMENT STATE (' OF NATURAL RESOURCES BOX 52, CENTENNIAL OFFICE BUILDING • ST. PAUL, MINNESOTA • 55155 DNR INFORMATION FILE NO., (612) 296-6157 ?,larch 3, 1982 Mr. Patrick Murphy, Director Carver County Public Works Court House Chaska, Ili 55318 Dear Mr. Yurphy: Through the Metro Access Task Force comprised of the Metropolitan Council Department of T:nergy Planning and Development and DNR, I was informed of the new public access proposed for the Regional Park on Lake Ydnnewashta. I first wish to compliment the Carver County for again promoting public water access to one of Minnesota's greatest natural resource, its lakes. However, I was somewhat concerned about the conditional use permit from the City of Chanhassen which limits the horsepower of boats launched at the water access site. The DNR operates under laws which require the Commissioner to provide free and adequate access to public waters and prohibits fish stocking on lakes where there is not a free public access. The Department will not be able to stock Lake Minnewashta unless the horsepower regulation is removed. In addition, Lake Minnewashta will be a low priority for any fish management as a matter of policy due to the discriminatory restriction. Also, it seems unfair to restrict the boater and fishermen when he is paying his fair share through boat and fishing licenses. Boat licenses were increased substantially by the legislature last year. The new fLmds are provided to counties for boat and water safety. Carver County's funding increased from 31,230.25 to 579000.30. If there is a problem with conflicting uses on the lake, adopting non:. discriminatory lake use regulations are possible. Surface use regulations must be approved by the Commissioner of Natural Resources. The Department AN EQUAL OPPORTUNITY EMPLOYER -qIM14-0- Mr. Patrick Murphy, : sector March 3, 1982 Page Two would be willing to assist in this area. We have data showing type and amount of use on Lake Minnewashta. Sincerely, Donald M*Carlson Special Assistant to the Commissioner Trails and Waterways Unit Box 52 - Centennial Building Saint Paul, DIN 55155-1679 (612)296-4622 DMC/D;TM/lr cc: Bob Nethercut Joseph N. Alexander Duane Shodeen Kim Elverum Karen Loechler June 17, 1975 Chanhassen Park and Recreation Commission Chanhassen, Minnesota, 55317 RE: Proposed Carver County park on Lake Minnewashta On 6/12/75 the Ad Hoc Committee appointed to study the Lake Minnewashta proposed park polled its membership on the issue. Following is that vote: Representing Park & Rec Planning Pleasant Acres Red Cedar Point Minnewashta Shores (including Sterling Estates & some South Shore residents) Vote Reason No Impact on Chan and the additional city services that such a facility would require. Yes Approval limited to latest �\ maximum uses proposed, Chan should not budge one inch on watercraft limits. / No See attached letter. Yes See attached letter. No Overwhelming no vote (17 of 17 polled in Shores, 5 of 5 in Estates.) Minnewashta Manor Yes Approval limited to Carver County operated, and limits as proposed. Minnewashta Heights No See attached letter. The vote was 4 to 3 against the proposal. The Ad Hoc Committee recommends, therefore, to Park & Rec that the park not be built. -z - Since further action on the park proposal will be on a citywide, and later countywide, forum, the Ad Hoc Committee unanimously voted to ask Park & Rec to dissolve this committee. We feel we have completed the tasks requested and have provided sufficient Lake Minnewashta resident opinion on the proposal for the city and county to consider when making their decision. Respectfully submitted, R. N. Dutcher Chairman, Ad Hoc Committee Studying Proposed Park for Lake Minnewaehta cc: Ad Hoc Committee Members Chan Planning Commission Pat Murphy, Carver County Public Works Administrator Attachments Park and Recreation Commission June 17, 1975 Chanhassen City Hall The regular meeting of the Park and Recreation Commission was called to order by Chairman Chuck Hirt at 8:00 p.m. The following members 'Mrs present: Pat Boyle, Joe Betz, Dwight Leatham, Margaret Thompson, Roy Roeser and Chuck Hirt. Denis Stedman was absent. Dick Dutcher, Bruce Pankonin, City Planner, Larry Oppegaard, Minnewashta Shores Association and Pat Murphy, Carver County Director of Public works, were also present. MINUTES: A motion was made by Margaret Thompson and seconded by Chu- Hirt to approve the May 20, 1975, minutes. Notion carried. A motion was made by Margaret Thompson and seconded by Pat Boyle to approve the June 3, 1975, minutes. Motion carried. AC HOC COMMITTEE: Dick Dutcher reported that the Ad Hoc Committee voceaga nst the proposed Park on Lake Minnewashta. He suggested that the Ad Hoc Committee be dissolved, as what they set out to do has been accomplished. A motion was made by Margaret Thompson and seconded by Pat Boyle to dissolve the Ad F:oc Committee. Motion carried. A motion was made by Margaret Thompson and seconded by :.oat Boyle that the City Administrator thank each member of the Ad Hoc Cormittee in writingpfor the fine fob they have done. Motion carried. LAKE PIMX: Pais Murphy discussed the A motion was made by Joe Betz and seconded by Pat Boyle to recommend That City Council accept the proposed Fake Minnewashta Park site as presented by Carver County. Members were polled and their votes and comments were as follows: Dc�ht Leatham - Yes Roi eesc r Abstain Jce Betz-- Yes, I feel that the proposed park would be an asset to Chanhassen with appropriate controls. Pat BRYle - Yes, if it is developed as planned. Crud: ETIFt - Yes, the plan follows closely Minnewashta residents ai s es. it would be a valuable asset to the cc.-In-anity. I would recorunend, however, that City Council make sure that Chanhassen has some control over present and future development. *dargaret Thcm Eon - No, there were not enough assurances made as to i—a-n-F—an-d2v water use. Motion carried. Paris and Recreation C01 -mission 01xne 17, 1975 Chanhassen City Hall a motion was :Wade by Dwight Leatham and eeconied by Toa Betz to raccrAnitend that the proposal for the Carver County Parc Plan for Lake Minnewaohta be adopted by City Council, with this addition, that Chanhassen enter into a joint growers agreement or similar ocher vehicle with Carver County xvhi" guarantees continuing legal and voting control over development of the park. Members were polled and their votes were as follows: - Yes XQU Yes t -Yes 'gtham - Yes r=—Alsta.i.n. Motion carried. CARVER COUDI` Y OPEN SPACE PL -AN: Bruce Pankonin requested that the 'ark ar<i fi^ ec eui ioa Cnimn ss. o{'a rev eta 2%e Carver County Open Space Plan and give direction to the 'fanning Co:Tmi.ssion. A motion was toads by Toe Betz and secand.ed by Margaret Thompson that t -he Park and Ree eation Cdnmmission accept the general philosophy as Outlined in the Carver County Open space Plan. Thee were four (4) ayes. Pit-P2yle - Abstained because she didn't receive a copy. i��rl9xau Lezxttzsm - Abstained because he didn't.read it. Motion carried. A motion was made by Dwight Leatliam and seconded by Pat Boyle to adjourn the meeting. Motion carried. `RIME: 11:00 Shirley his.;sullen Secretary C2 �� I CBANBASSSN VILLAGE 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 DATE: June 7, 1974 FROM: City Clerk -Administrator TO: At the City Park and Recreation Commission meeting on June 4, 1974, this Commission discussed the feasibility of the City of Chanhassen participating with Carver County and Hennepin County in a regional park. The funds for land acquisition would be procured through the Metropolitan Park Commission. The properties that are being considered for this park is the Ches Mar Farm and the Herman Farm. The City Park and Recreation Commission at this meeting created an Ad Hoc Sub Committee to study the feasibility of this approach to acquiring park land in Chanhassen. The Ad Hoc Sub Committee will consist of seven (7) members of which five (5) will be from Home owners Associations, one (1) member from the City Park and Recreation Commission, and one (1) member from the City Planning Commission. The Park and Recreation Commission have requested that each of the following listed Home Owners Association's appoint one (1) member to the above Ad Hoc Committee: Pleasant Acres Dujyer Minnewashta Shores--nlrs.Sohr SchumAc�e� y7�9�/� Minnewashta Heights - Minnewashta Manor -1 aYY� oyp�` �a✓� 1��-60`�7 Red Cedar Point - bawl Inas ;z -v\ .17y- 5 71 Consequently, it is requested that you appoint one (1) member from your Association to this very important sub committee. Due to the time table that has been set up for this Ad Hoc Committee, the first meeting date for this Committee will be 8:00 p.m., Thursday evening, June 13, 1974, at the City Hall. Consequently, we would greatly appreciate your cooperation in appointing someone as soon as possible. If you have any questions, please feel free to call me at 474-8885. COUNTY City or Town BROWN — contd. CARVER Three Rivers Park District - Carver Park Reserve Lake or River Welner/Hageman Reservoir (8- 129) Steiger Lake (10-45) Minnesota Lake and River Use Restrictions As of May15, 2004 Restrictions Slow -no wake speed on the entire reservoir surface. 15 mph at all times. Chanhassen Lotus Lake (10-6), Lake Lucy 1. No watercraft in swim areas. (10-7), Lake Minnewashta (10- 2. Slow -no wake speed within 100 feet of shore, in designated areas, in Little Minne Bay and Lake 9), Lake St. Joe (10-11), Minnewashta. Lake Ann (10-12) & 3. Speed limits: Lake Susan (10-13) -40 mph days; -15 mph at night on Lake Minnewashta, Lotus Lake, Lake Lucy, and Lake Susan; -15 mph at all times on Lake Ann and Lake St. Joe. 5. Electric motors only on Lake Ann. 6. Counterclockwise travel required when exceeding 15 mph on Lotus Lake. 7. Observer, life jacket, and 85 foot maximum tow rope required for water-skiing. 8. No towing of airborne vehicles. 9. Permit from the city and the Sheriff required for slalom courses, diving towers and other structures. 10. No swimming more than 100 feet from shore unless accompanied by a watercraft. All Lakes - Dock Setback Zone: Ten (10) foot -wide zone for docks, fifty (50) feet out from shore, or four (4) foot depth, whichever gives the Lotus Lake (10-6) Lake Lucy lesser dock length dimension, with one side of lake -shore lot extended serving as one side of the zone. (10-7) Lake Minnewashta (10-9) Rice Marsh (10-1) Lake Susan (10-13) Riley (10-2), Harrison(10-8) Lake Ann (10-12) Victoria Schutz Lake (10-18) 1. Sets standards for swimming rafts. Lake Zumbro (10-41) 2. Requires city and county permits for ski jumps, diving towers and other structures. Tamarack Lake (10-10) 3. No towing of airborne vehicles. Church Lake (10-46) 4. Restricts docks, mooring and boat storage. 5. Slow -no -wake speed: -within 100 feet of shore on all lakes; -on the entire surface of Church Lake and Tamarack Lake. 6. Speed restrictions for Schutz Lake and Lake Zumbro: -40 mph sunrise to sunset; -15 mph sunset to sunrise. Effective Date(s) 12/10/93 M.S. § 398.09 authorizes Park District to adopt w for lakes wholly within its boundaries without DNR approval 8/24/83 5/26/92 9/25/90 LI \ fir,. \jam x i 1 Sd it . IAKF Mi,�1dJ�aJRs!!tR PRRX - ,�' I Attachment #3 -17 - CONDITIONAL USE PERMIT CASE NO. CUP Ctlp City of Chanhassen, Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Amendment of C.U.P. for Date of Application 7-15-82 Lake Minnewashta Regional Park Escrow Paid Date Dated 11/23/77 (see attached letter) Received by Applicant Name: Carver County Last First Initial Address: 600East Fourth Street Chaska MN 55318 Number and Street City State Zip Code Owner: Carver County Last First Initial Address: Same Number and Street City State Zip Code Address of property in question: Lake Minnewashta Regional Park Legal description of property in question: those portions of section 4,5 and 9 in Twp. 116 N R23W known as "Lake Minnewashta Reqional Park" (The above is a preferred legal description. Attached is the actual legal description for the park.) Present zoning of property: RIA - Agricultural Res, Dist. Present use of property: Undeveloped Parkland Proposed use of property: Developed Parkland The following documents if appropriate shall be attached to this application: See Park Master Plan Date Received Initial 1. Site development plan 2. Dimension plan 3. Grading plan 4. Landscape plan -18- -ate Received Initial 5. Abstracters Certificate 6. Escrow Account I hereby declare that all statements made in this application and the attached documents are true, and that I shall reimburse the City for all expenses incurred in proepssing this application for conditional use./1 Patrick B. Murphyrector of Public Works for Carve r. R of C� iggin ers Signature of Applicant Carver Count Signature of Owner -4n"e 15 , 1982 Date Received by Title (Following to be completed by Zoning Administrator or City Official) CHRONOLOGY Date By Application on Planning Commission Agenda Planning Commission postponed to Newspaper publication Adjacent property owners notified Public Hearing Planning Commission action Application on Council Agenda Council postponed to Council Action Conditional use contract executed Escrow returned - amount: $ Final Inspection PLANNING COMMISSION RECOMMENDATION On this day of , 19 , this conditional use permit was recommended for (approval), (disapproval) subject to the following conditions: Chairman of Planning Commission July 26, 1982 Patrick B. Murphy Director of Public Works Carver County Courthouse 600 East 4th Chaska, MN 55318 RE: Lake Minnewashta Regional Park Master Plan Metropolitan Council Referral File No. 9238-3 Dear Mr. Murphy: :itM \L ; rn 1 i , . , Irr Build ill Suint I .ml, Minnusot., :35101 TL -1 i..itone 612/201-6359 At its meeting on July 15, 1982, the Metropolitan Council considered the Lake Minnewashta Regional Park Master Plan. This consideration was based on a report of the Physical Development Committee, Referral Report No. 82-71. A copy of this report, which was adopted as presented, is attached. The Council adopted the following recommendations contained in the report: 1. Approve the revised Lake Minnewashta Regional Park Master Plan; 2. Advise Carver County that funds approved in the current Regional Recreation Open Space Capital Improvement Program for the acquisition and development of Lake Minnewashta Regional Park shall not be used for Parcels C and D. If the County develops and documents a regional function for these parcels, the Council may consider them for funding as part of an approved future CIP; 3. Direct Council staff to aid in the development of a fair and non- discriminatory solution to lake surface use problems on Lake Minnewashta with Carver County and the City of Chanhassan by May 1, 1983; and 4. Approve a development grant contract with Carver County for Lake Minnewashta Regional Park in the amount of $107,200. Sincerely, METROPOLITAN COUNCIL Charles R. Weaver, Chairman CRW:bm Attachment cc: Donald Ashworth, Admin, City of Chanhassen./ Greg ictal:gold, Exec. Secy., Carver County Jack Mauritz, Metropolitan Council Staff `•, -,. i'n ii il. •r.l n�.,, ,. 1h, 19..0 uii,,: , ,d It, ... i:........ a i. of ,i... ,... ui rr.. `C �.. •, .,.in An:. /:..n„�nv,u�: AER IAL MAP LAKE MINNETONKA M I N N E S 0 T A BY MARK H UR D MAPPING GO. 230 OAK GROVE ST., MINNEAPOLIS, MINN. 0 1000 2000 3000 4000 5 00 {}, 0 1+ 1/2 3/4 1 mi. THIS MAP WAS MADE FROM 123 SEPERATE AERIAL PHOTOGRAPHS §� 4 Y ` _ +,z 18-41-2 i ra' Ra" ds } MI41 mi i "47,.,t oc,- �5 • JO �1k ,l pcl—�Illtl� _,,�b5, �`� TL'? Lr'� rot Lowe c' iiGGcSS// (f v..� a ►� au, ►��„�- AJWJs c c� w, L moo+ y City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 rsEN Date: January 13, 2005 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planner I Subject: 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. Planning Case: 04-37 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on December 30, 2004. The 60 -day review period ends February 28, 2005. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on February 1, 2005 at 7:00 p.rrL in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than January 20, 2005. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official L Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or SprintlUnited) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Other - 14. Other - 1.. v CARVER COUNTY Kate Aanenson City of Chanhassen 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 Dear Ms. Aanenson, CARVER COUNTY PARKS 11360 Highway 212 West, PO Box 330 Cologne, MN 55322-0330 Phone (952) 466-5250 Fax (952) 466-5223 www.co.carver.mn.us/parks Division of Public Works 11360 H". 212 way PO Box 300 Colognee.MN 55322-0300 Pha (952)46652DD Fm (952) 4665223 RECEIVE® SEP 2 9 2004 CITY OF CHANHASSEN Earlier this summer we talked about the horsepower restriction listed in the Lake Minnewashta Regional Park Conditional Use Permit issued by the City of Chanhassen. Since the inception of the conditional use permit the DNR has added "No Wake" restrictions to the bay of Lake Minnewashta where boat access #1 is located. The "No Wake" restriction eliminates the need for a horsepower restriction in the bay of Lake Minnewashta. Additionally, the horsepower restriction is not manageable. Boaters come and go throughout the day with varying motor sizes. A boater will choose one of two parking areas in the park based on availability of a parking stall and not the size of motor. It is not reasonable to enforce a horsepower restriction and keep track of boaters coming and going from two boat accesses and their motor sizes. For these reasons, Carver County Parks requests the conditional use permit be amended to eliminate the horsepower restriction at boat access #1. Enclosed is the proposed Amendment #1 for the Conditional Use Permit for Lake Minnewashta Regional Park Please notify me with any questions or concerns by October 15th, 2004. itA County Parks SCANNED r i 12 X28; 2004 02:54 PM City of Chanhassen 7700 Market Blvd. PO Box 147 Chanhassen, MN 55317 Phone: (952) 227-1100 FAX: (952) 227-1110 E-mail: registratlons®cl.ohanhassen.mn.us Kate Aaneson 7700 Market Blvd Chanhassen, MN 55317 ID: 4556 Home: (952) 227-1100 Permit #262, Approved Dec 28, 2004 1:27 PM aft or Customer Type: •- Prepared By: Facility Supervisor Charges Taxes Discounts Total Charges Total Payments Refunds Balance 0 0 0 0 0 0 0 RESERVATIONS Event Facility Center Chanhassen Rec Center Boat Launch Meeting 2310 Coulter Boulevard Type: Meeting A Community Room 2 -Ann Chanhassen, 55317 Attendance: 30 (952) 227.14D00 Days Requested Event Duration Event Day Date Begins Ends Thursday Jan 13, 2005 7:00 PM 1 Y2 hours Jan 13, 2005 at 8:30 PM Summary Notes Total Number of Dates: 1 NO DIVIDERS, 35 chairs theater style Total Time: 1 V2hours RESERVATIONS Event Facility Center Boat Launch Meeting Chanhassen Rec Center 2310 Coulter Boulevard Type: Meeting A Community Room 3 -Lotus Attendance: 30 Chanhassen, 55317 (952) 227-14000 Days Requested Day Date Thursday Jan 13, 2005 Summary Total Number of Dates: 1 Total Time: 1'h hours Event Duration Event Begins Ends 7:00 PM 17k hours Jan 13, 2005 at 8:30 PM Notes NO DIVIDERS, 35 chairs theater style DISCLAIMERS Chan Rec. cense, 952 227 1404 I2 • 12,28/2004 02:54 PM Chan Rec. C.. v 952 227 1404 2'2 Facility users shall indemnify and hold harmless the City of Chanhassen, its Park and Recreation Department, its officers, agents and employees from and against all claims, damages,losses or expenses, including attorneys fees, that they may suffer for which they may be held liable, and do thereby for myself, my heirs, executors and administrators waive, release and forever discharge any and all claims for damages that may have or that may hereafter occur to a group arising out of or connected with a group's participation at Chanhassen's facilities. City of Chanhassen 7700 Market Blvd. PO Box 147 Chanhassen, MN 55317 Phone: (952) 227-1100 FAX: (952) 227-1110 E-mail: registrations@ci.chanhassen.mn.us Kate Aaneson 7700 Market Blvd Chanhassen, MN 55317 ID: 4556 Home: (952) 227-1100 Permit #262, Approved Dec 28, 2004 1:27 PM aff OF aMSEN Customer Type: -- Prepared By: Facility Supervisor Charges Taxes Discounts Total Charges Total Payments Refunds Balance 0 0 0 0 0 0 0 RESERVATIONS Event Facility Center Boat Launch Meeting Chanhassen Rec Center Type: Meeting A Community Room 2 -Ann 2310 Coulter Boulevard Attendance: 30 Chanhassen, MN 55317 (952) 227-1400 Days Requested Event Event Day Date Begins Duration Ends Thursday Jan 13, 2005 7:00 PM 11/2 hours Jan 13, 2005 at 8:30 PM Summary Notes Total Number of Dates: 1 Total Time: 11/2 hours NO DIVIDERS, 35 chairs theater style RESERVATIONS Event Facility Center Boat Launch Meeting Chanhassen Rec Center Type: Meeting A Community Room 3 -Lotus 2310 Coulter Boulevard Attendance: 30 Chanhassen, MN 55317 (952) 227-1400 Days Requested Day Date Thursday Jan 13, 2005 Summary Total Number of Dates: 1 Total Time: 11/2 hours Event Duration EvenEnds Begins 7:00 PM 11/2 hours Jan 13, 2005 at 8:30 PM Notes NO DIVIDERS, 35 chairs theater style DISCLAIMERS 1i101AVA!, Facility users shall indemnify and hold harmless the City of Chanhassen, its Park and Recreation Department, its officers, agents and employees from and against all claims, damages,losses or expenses, including attorneys fees, that they may suffer for which they may be held liable, and do thereby for myself, my heirs, executors and administrators waive, release and forever discharge any and all claims for damages that may have or that may hereafter occur to a group arising out of or connected with a group's participation at Chanhassen's facilities. LOl U t i JAN -31-2005 16:31 CARVER COUNTY PUBLIC WKS. 9524665223 P.02 CITY OF CII NSEN 7700 Markel Bwlmfd PC Box 147 Chanhassen, MN 55317 Administration Phone: 952227.1100 Fax: 952 22T1110 Building Inspections Phone: 952.227.11 BO Fax 952.227.1190 Engineering Rinne: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax 952.227 1110 Park d Recreation Phone: 952 227.1120 Fax: 952.227.1110 Reaealan Center 2310 Couller Boulevard Phone: 952227.1400 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: 952.227.1110 Web Site WN ci. chanhassennn.us November 8, 2002 Martin J. Walsh Carver County Parks 10775 County Road 33 Norwood Young America, Minnesota 55397 Dear Marty: I have reviewed the Carver County Lake Minnewashta Regional Park Master Plan dated October 2002 and offer the following comments: • The city of Chanhassen has an amended Conditional Use Permit (CUP) with Carver and Hennepin County that was executed in the fall of 1984. One of the conditions of the CUP is the ability to Review and Approve plans within the park. The CUP states the "....it is not contemplated that the City will have approval authority over detailed development plans so long as they are consistent in scope and capacities with the Master Plan. ..Any development plans not consistent in scope and capacities with the Master Plan shall require an amended CUP." It appears that the revised master plan is consistent with the 1984 CUP. Thank you for the opportunity to review and comment. Sincerely, mww�� Kathryn R. Aanenson, AICP Community Development Director KA:ms The City of Chanhassen • A growing wmmuniel with clean lakes, quality schools. a charming downtown, thriving businesses, winding hails, and W301al nuke A i� a nhr.. —. .. ,:_ ., TOTAL P.02 JRN-31-2005 CITY OF CHA NSEN 7700 Markel Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952227.1100 Fax 952227.1110 Building Inspections Phone: 952227.1180 Fax 952227.1190 Engineering Phone: 952.227.1160 Fax: 952227.1170 Finance Phone: 952227.1140 Fax: 952227.1110 Park B Recreation Phone: 952.227.1120 Fax 952.227.1110 Recreation Center 2310 Couller Boulevard Phone: 952.227.1400 Fax: 952227.1404 Planning B Natural Resources Phone: 952.227.1130 Fax 952227 1110 Public Works 1591 Park Road Phone: 952227.1300 Fax. 952.227.1310 Senior Center Phone: 952,227,1125 Fax. 952.227.1110 Wee Site www.ci.chanhassen,a n. us 16 31 CARVER COLBJTY PUBLIC WKS. November 8, 2002 Martin J. Walsh Carver County Parks 10775 County Road 33 Norwood Young America, Minnesota 55397 Dear Marty: 1 I have reviewed the Carver County Lake Minnewashta Regional Park Master Plan dated October 2002 and offer the following comments: • The city of Chanhassen has an amended Conditional Use Permit (CUP) with Carver and Hennepin County that was executed in the fall of 1984. One of the conditions of the CUP is the ability to Review and Approve plans within the park. The CUP states the `.....it is not contemplated that the City will have approval authority over detailed development plans so long as they are consistent in scope and capacities with the Master Plan. ....Any development plans not consistent in scope and capacities with the Master Plan shall require an amended CUP." It appears that the revised master plan is consistent with the 1984 CUP. Thank you for the opportunity to review and comment. Sincerely, /'� Kathryn R. Aanenson, AICP Community Development Director KA:ms rhe City of Chanhassen • A growing community with clean lakes, quailly schools, a chaining downtown, thriving businesses. winding hails, and oeaanlA narks a n TOTAL P.02 • The park is located west of Hwy 41 on the eastern shore of Lake Minnewashta. • Carver County Parks is requesting an amendment to CUP 75-2 to eliminate the horsepower restriction at Boat Access #1. • The CUP currently prohibits the launching of boats w/ motors of 10 hp or greater from Access #1. • When plans for the park were first being considered in 1974-75, the City was concerned that boats of high horsepower with large hulls could negatively impact Little Minne Bay. • The basis for Carver County's request isnotion that the rr wake surface zoning eliminates the need for a horsepower restriction, and their experience,41" it is difficult to enforce the horsepower restriction and keep track of boaters coming and going from two boat accesses • Staff contacted several DNR staff members, none of which had any issues with the elimination of the horsepower restriction and concurred that Little Minne Bay should be protected with a no wake zoning restriction. • On page 4 in the last paragraph I noted that the City hadn't reviewed Carver County's 2002 Park Master Plan Update, the reason being that I did not locate any record of such a review. Yesterday I spoke with the Carver County Parks Director who forwarded me a letter stating that the City had in fact reviewed the Updated Master Plan. in 2D02 • Staff supports the amendment to Conditional Use Permit 75-2 to eliminate the horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park. SRN -31-2005 16:31 CARVER COUNTY PUBLIC WKS. 9524665223 P.02 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952227.1100 Fax: 952.227.1110 Building Irrspectioss Plane: 952.717.1180 Fax: 952227.1190 Engineering Phone: 952227.1180 Fax: 952.227.1170 Finance Plane: 952227.1140 Fax: 952227.1110 Park & Recreation Phone: 952 227.1120 Fax 952.2271110 Recreation Cenjer 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 Plane: 952.227.1300 Fax. 952.227.1310 Senior Center Phone: 952227.1125 Fax: 952-227.11 to Web Site wwwd chanhassen.mius November 8, 2002 Martin J. Walsh Carver County Parks 10775 County Road 33 Norwood Young America, Minnesota 55397 Dear Marty: I have reviewed the Carver County Lake Minnewashta Regional Park Master Plan dated October 2002 and offer the following comments: • The city of Chanhassen has an amended Conditional Use Permit (CUP) with Carver and Hennepin County that was executed in the fall of 1984. One of the conditions of the CUP is the ability to Review and Approve plans within the park. The CUP states the "....it is not contemplated that the City will have approval authority over detailed development plans so long as they are consistent in scope and capacities with the Master Plan. ....Any development plans not consistent in scope and capacities with the Master Plan shall require an amended CUP." It appears that the revised master plan is consistent with the 1984 CUP. Thank you for the opportunity to review and comment. Sincerely, l�"�` a A9/� Kathryn R. Aanenson, AICP Community Development Director KA:ms The City of Chanhassen • A growing commcniq with clean lakes, quality schools, a Charming downtown, thriving linnews. winding trails, and oaau;dal narks A an TOTAL P.02 Location Map Lake Minnewashta Regional Park Amendment to Conditional Use Permit No. 75-2 City of Chanhassen Planning Case No. 04-37 Access #1 JAN -31-2005 CITY OF CNANHASSEN 7700 Markel Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952 227.1100 Fax 952.227.1110 Building Inspections Phone: 952.227.11 BO Fax: 952,227.1 Igo Engineering Phone. 952 227.1160 Fax 952.227.1170 Finance Phone: 952 227.1140 Fax 952,227 1110 Park d Recreation Phone: 952.227.1120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phorce: 952.227.1400 Fax 952 227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952227 1110 Public Warks 1591 Park Road Phone: 952 227.1300 Pax: 952.227.1310 Senior center Phone: 952227.1125 Fax: 952 227.11 to Web Site wwwci.chanhassen.mn.us 16 31 CARUER COUNTY PUBLIC WKS. November 8, 2002 Martin J. Walsh Carver County Parks 10775 County Road 33 9524665223 P.02 Norwood Young America, Minnesota 55397 Dear Marty: I have reviewed the Carver County Lake Minnewashta Regional Park Master Plan dated October 2002 and offer the following comments: • The city of Chanhassen has an amended Conditional Use Permit (CUP) with Carver and Hennepin County that was executed in the fall of 1984. One of the conditions of the CUP is the ability to Review and Approve plans within the park. The CUP states the "....it is not contemplated that the City will have approval authority over detailed development plans so long as they are consistent in scope and capacities with the Master Plan. ....Any development plans not consistent in scope and capacities with the Master Plan shall require an amended CUP." It appears that the revised master plan is consistent with the 1984 CUP. Thank you for the opportunity to review and comment. Sincerely, Ou &� Kathryn R. Aanenson, AICP Community Development Director KA:ms The City of Chanhassen • A growing cammcnihl with clean lakes, quality schools, a chaining downtown, thrrang hus;nessm winding Lads. aed be30 fil narks A wren nh,. ,, .. TOTAL P.02 JAN -31-2005 16:30 CARVER COUNTY PUBLIC WKS. 9524665223 P.01 CARVER COUNTY PARKS Division of Pabiic �x 11360 Highway 212 West, P.O. Box 330 11-y- - - •u . ::,. �i�1 e Cologne, Minnesota 55322-0330 B .�� Phone (952) 466-5250 Fax (952) 466-5223 14 www.co.carver.mn.us/parks To: Fax: Phone: 952-466-5252 From: Martin Walsh Pages: p2 Dale: L -e -/lam /, c c: Ile j 1&--, - a t� � �� 4,s —t-' el, l -lye -r/ V &%-)r rL -, 7(c- /Y - ' rl sv'� Equal Opporrunin F_+nplorer — Primed on 305 Poo-C,,n.r<uuer Rec.r'le;( Paper Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 5 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. Finding The amendment will not be detrimental to the general welfare of the city. The existing no wake surface zoning should protect the character of the area. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The amendment will be consistent with the comprehensive plan and chapter 20 of the zoning ordinance. 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. Findini : 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 by slow -no wake surface zoning. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding 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. Finding: 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. Finding: Additional public facilities and services will not be required. Minnewashta Regional Park Conditional Use Permit Amendment - Planning Case No. 04-37 February 1, 2005 Page 6 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. Finding: 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 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. Finding: 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. 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. Use of boats in Little Minne Bay is already permitted. 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. RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of the amendment to Conditional Use Permit 75-2 to eliminate the horsepower restriction at Boat Access #1 in Lake Minnewashta Regional Park, subject to the following conditions: 1. Little Minne Bay must contain signage stating its slow -no wake surface zoning. ATTACHMENTS CARVER COUNTY PARKS 10775 County Road 33 Norwood Young America, Minnesota 55397 Phone(952)467-4200 Fax(952)467-4355 October 15, 2002 Kate Aanenson City of Chanhassen 7700 Market Blvd. Chanhassen. MN 55317 Dear Ms. Aanenson: Division of Public Works Govommeot Center Administration Building 600 Fast Fourth Street Chaska, Minnesom 55318-2192 Phone(952)361-1010 Faa(952)361-1025 For your review, I have enclosed a copy of the updated Master Plan for Lake Minnewashta Regional Park. I would like to receive comments by November 11, 2002. Please contact me with any questions you may have at 952-467-4590. Sincerely, / Martin J. Walsh Parks Director Afrmative ActiomEqual Opportunity Employer Printed on 30% Post -Consumer Recycled Paper