02-09-2010 Council Work Session Packet

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� . � � MEMORANDUM To: Mayor& City Council Bill Wells, City Administrator From: Mike Gaffron, Asst. City Admin. - Long Term Strategy Date: Apri122, 2009 Subject: Revised Draft Ordinance for Discussion - Big Island Nature Park Regulations Attachments: A - Revised Draft Ordinance B - Request from Museum of Lake Minnetonka 4-15-09 C - Memo and Exhibits of February 20, 2009 Ordinance Attached is a revised draft of the ordinance that would establish special regulations for Big Island Nature Park. The original draft was initially reviewed briefly at Council's February 24 work session. Council suggested that language indicating the permit holder is responsible for any damages should be added to permits when issued. It was also suggested that it is necessary that we define (not necessarily within the ordinance) a list of events and activities that require a permit, and determine criteria for when such a permit would need Council approval. Discussion ensued about why we would treat the Minnehaha differently than other charter boat groups that might want to visit the island. Four specific elements were brought forth: 1) Non-profit status 2) Not associated with liquor or entertainment 3) Educational aspect of providing organized guided nature/history tours 4) High level of organized activity rather than "drop `em and leave" Council also suggested that there should be a threshold level, perhaps based on number of persons in attendance at a special event or activity, beyond which Council should review and approve permits. This item was next discussed at the Big Island Park Committee meeting on April 2. The spirited discussion brought forth a number of elements that need to be considered as the regulations move forward: - Conservation Easement. We are obligated to follow the provisions of the Conservation Easement in defining the types of uses that are allowed and that may require a permit. The Conservation Easement functionally prohibits activities or "organized events" that "could impair the Conservation Values of the Protected Property" (Protected Property is the entire Park area, including the Natural Area and the Recreation Area).