HomeMy WebLinkAbout01-06-1992 Public Hearing Maxwell Bay Lake Access Minutes�! a
PUBLIC HEARING HELD REGARDING DNR'S PROPOSED LAKE ACCESS
ON MAXWELL BAY
ORONO CITY COUNCIL - JANUARY 6, 1992
ROLL
The Orono Council met on the above date with the following
members present: Mayor Barbara Peterson, Councilmembers Gabriel
Jabbour, Edward Callahan and J. Diann Goetten. Mary Butler was
absent. The following represented the City staff: City
Administrator Ron Moorse, Building & Zoning Administrator Jeanne
Mabusth, Assistant Planning and Zoning Administrator Michael
Gaffron, and City Recorder Teri Naab. Mayor Peterson called the
meeting to order at 7:00 P.M.
INTRODUCTION
Mayor Peterson introduced Mr. David English, Public Affairs
Coordinator for the DNR. She noted he will be reporting to the
Commissioner of the DNR on the input from this public hearing,
but noted that the public could not expect any answers from the
DNR at that point.
Mayor Peterson read a letter from Gordon Kimball of the DNR
submitted to City Administrator Moorse (attached as Exhibit A).
She noted the letter sets a public open house for Tuesday,
January 21, 1992 from 4:00 to 8:00 p.m. in the Orono Education
Link regarding the proposed public access. The letter also noted
that the DNR has sought input from all interested parties
including surrounding neighbors and elected officials concerned
with the access.
Mayor Peterson introduced City Administrator Moorse and asked him
to give a brief history of the proposal.
Moorse explained that in 1983, the Governor's Task Force Study
looked at the use of Lake Minnetonka and public access. The
study revealed a need for additional parking around the lake for
the general public. The DNR classified parking in two
categories: reliable and unreliable. They determined 700
reliable parking spaces were needed around the lake. The lake
was also divided into 5 zones, and the Maxwell Bay site is in
Zone 1. Moorse reviewed a chart which shows a goal of 139
reliable spaces, with 60 current reliable and 109 unreliable
parking spaces available. Criteria for a reliable parking space
is it must be within 1,500 feet from the public access site and
,must be owned by the public.
Moorse noted that there has not been much planning with regards
to this issue since 1983 and this is the first proposal from the
DNR with regards to adding parking spaces on Lake Minnetonka. He
noted it originally came about when a property owner went to the
DNR and asked if the DNR wished to purchase the property.
Moorse reviewed the site which is located on County Road 51 and
PUBLIC HEARING HELD REGARDING DNR'S PROPOSED LAKE ACCESS
ON MAXWELL BAY
ORONO CITY COUNCIL - JANUARY 6, 1992
is less than 2 .acres. The DNR is proposing 20 to 30 parking
spaces on the location.
Goetten reiterated that the,DNR had been invited to the public
hearing and on Friday prior to the meeting, the City was informed
that the DNR would only send a public relations person to relay
comments back to the DNR. She stated that statements in Mr.
Kimball's letter indicating that the DNR had discussed this
project with local elected officials are untrue. She noted that
the next opportunity that they will be allowed to review this
issue with the DNR will be just a few days prior to the
expiration of the purchase agreement. She noted this issue
impacts the entire City and surrounding communities.
Jabbour acknowledged JoEllen Hurr, LMCD representative for Orono;
Steve Smith, State Representative; and Marge Gasch who has been
working very hard for >.the City for many years. Jabbour expressed
frustration with the DNR. He noted the letter exaggerated and he
felt there was no use for a public relations representative to be
present but felt someone should have been present to review a
proposed site plan. He noted that the planned public meeting by
the DNR on January 21st, with the option expiring on the 30th,
is not a true process of democracy, but rather a ritual, of which
the City should not be a party. He felt they are- short-
circuiting the process. He stated that the DNR has not met with
the parties which they suggested that they have met with and have
exaggerated the truth substantially. I He suggested that this
parcel of land is only I out of 5 or 6 to obtain the DNR's goal
for Zone 1. He noted the numbers, in the survey are outdated and
when the study was done, neither milfoil nor zebra mussels were a
threat to the lake.
Jabbour explained that the City doesn't have much to say in
regards to the DNR using the property and noted the use conflicts
with the local municipal code. He urged homeowners to look for a
broader -base and suggested that the issue concerns homeowners
surrounding the entire lake, not just residents of Orono.
Callahan noted that it is true that the LMCD Subcommittee
originally approved the plan as submitted by the DNR, but
subsequently the LMCD decided that they should hold hearings on
the matter before the DNR completed its acquisition in order to
reach some conclusions which might be helpful to everyone.
Callahan opined that the LMCD's long -range development plan which
was recently adopted by the LMCD and approved by the Metropolitan
Council addressed the matter of 700 car parking around the lake
with access points, and regardless of what is mentioned in the
written portion of the plan, there was a great deal of discussion
about that program and its concept during the course of the
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PUBLIC HEARING HELD REGARDING DNR'S PROPOSED LAKE ACCESS
ON MAXWELL BAY
ORONO CITY COUNCIL - JANUARY 6, 1992
Callahan opined that the LMCD's long -range development plan which
was recently adopted by the LMCD and approved by the Metropolitan
Council addressed the matter of 700 car parking around the lake
with access points, and regardless of what is mentioned in the
written portion of the plan, there was a great deal of discussion
about that program-and its concept during the course of the
development stage. He felt that the plan provides, that the
acquisition of access points on the lake to meet the 700 car
parking spaces would be the subject of a program which is to be
developed and coordinated by the LMCD. He noted that the DNR had
signed off on the long -range plan, and in earlier days, even had
input on it.
Callahan stated, that at the time the plan was developed, the
representatives of the cities with an interest in this area of
the plan were told that the LMCD and the DNR had reached some
understanding as to what was meant by the 700 parking space
requirement. Thereby, the DNR and the LMCD had agreed that since
the first studies had been made, that the LMCD would devise a
plan for the lake and work with surrounding communities to arrive
at a comprehensive solution to this problem. The current
activity with the DNR has been spurred by an individual wanting
to sell his house and the-DNR appeared to be an available source
of money.
Callahan felt that the LMCD should go to the DNR who they had
reached some compromise with in the past, and redefine the plan
for the lake in regards to the parking around the Lake.,
Goetten explained that the Council is taking this issue every
seriously and called for an executive session to be held
following the next scheduled Council meeting.
Mayor Peterson noted to the public that the Council is on their
side with regards to this issue. She stated that she felt the
purpose of the DNR was to help preserve, not destroy, the-natural
resources. She felt the .proposed access is a very costly
venture. She felt that problems will be compounded by adding
boat density to the lake and traffic problems on surrounding
roads.
Jabbour introduced Gene Strommen, Executive Director of the LMCD
and Duane Marcus of Wayzata, Board Member.of the LMCD.
Jabbour explained that in Minnesota the. DNR is charged with
managing its resources, the MPCA is ..responsible for disasters,
and there is not an Environmental Protection Agency (EPA) to
protect, the environment. He. noted'.that the LMCD should be
charged -with this responsibility.
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PUBLIC HEARING HELD REGARDING DNR'S PROPOSED LAKE ACCESS
ON MAXWELL BAY
ORONO CITY COUNCIL - JANUARY 6, 1992
Don Germanson, President of the Lake Minnetonka Lakeshore Owners
Association (LMLOA), explained that within their membership, they
have identified lawyers who may be able to assist Orono in its
fight against this project. He noted that the DNR appears not to
want to work with the LMLOA. He explained that he and Denny
Meyer just returned from the Brainard area where they gave a
presentation on milfoil. He noted that he grew up in Wisconsin
on a lake which was infested with. milfoil. He noted that area
reacted to milfoil after it was too late to stop it. The same is
true for Lake Minnetonka. He noted the key is to be ahead of the
spread of any of the exotics. Germanson reviewed a flyer which
was distributed to all in attendance which covered the following
issues in regards to this project: environment, overcrowding,
safety, parking, zoning and tax spending. He reviewed a list of
lakes within Minnesota which currently have been infested with
milfoil. He then reviewed a list of how money collected from
boat licenses and gas tax is spent -by the DNR. He noted the
averag4 amount spent per household is approximately $21.40, of
which `nearly '$10.00 is dedicated for access purposes.
Approximately one -third of the $1.05 spent for "fish and
wildlife" programs is-spent for the eradication of exotics. He
noted :that is nearly 30 times the amount of money dedicated for
access than that for prevention of the spread of exotics.
Germanson noted that the Hennepin County boat- launch on North
Shore Drive has the proper signage posted, and the DNR's launch
on Halihad's Bay has'very little signage with a "no parking" sign
posted. He stated that Wisconsin has now found it necessary to
charge a launch fee to cover costs involved with these accesses..
Kent Carlson, 3498 North Shore Drive, stated that milfoil could
not be- stopped in time and zebra mussels probably cannot be
stopped either. He felt that density could be kept at a minimum.
He suggested that a launching fee be assessed to cover required
inspections to prevent the spread of milfoil and other
undesirables. He suggested that the DNR look at the Advance
Machine °site in Spring Park for a possible launch. Carlson asked
if low areas of the lake and dock areas have been deducted from
the calculations to reflect a. true ratio of boats to water
densities.
Jabbour noted that the Council has addressed every one of those
issues. They have suggested that a reduction in net density be
considered by utilizing commercial land, such as Gayles Marina,
which is for sale. He stated that the DNR does not care about
density, and indicated that the DNR lacks a comprehensive plan
for development of parking and access around the lake. He urged
the citizens to call the LMCD to force the DNR to develop a
comprehensive plan and thorough study about - the: issue of
launches.
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PUBLIC HEARING HELD REGARDING DNR'S PROPOSED LAKE ACCESS
ON MAXWELL BAY
ORONO CITY COUNCIL - JANUARY 6, 1992
Carlson suggested that marinas would be happy to rent space to
fulfill the requirement of parking spaces.
Callahan noted he is not an advocate of the LMCD's long -range
development plan, basically because the plan does not put the
LMCD in a "protector of the lake" position. He stated, in
fairness to the LMCD, they have attempted to take into account
the fact that parts of the lake are unusable. It doesn't go as
far as it arguably could in relation to milfoil. He noted the
LMCD plan does propose that as the number of boats increase on
the lake, the LMCD will cause restrictions to be put ,on the lake.
Neil Castagna, Environmental Director for the LMLOA, pointed out
that there are basically three representatives to the LMCD
present at the meeting. He stated that the.only people that the
DNR wants to work with is the LMCD, so it is imperative that
citizens from other communities contact their local elected
officials to find out how your LMCD representative plans to vote
on this issue. He indicated that-the LMLOA worked very hard to
get the Big Island program taken out of the long -range plan, and
is working very hard to make sure that the residents of the lake
are heard on the access ramp issue.
Castagna disclosed that after attending several conferences, he
is convinced that milfoil could totally be eradicated from
Minnesota for approximately $8,000,000. He noted however that at
a rate of $1.05 out of every $21.40, it is not going to get done.
He indicated that the public has the right to be on the lake,
however, until the DNR comes up with a policy to fight exotics,
he felt it is irresponsible on their part to add more accesses on
to any lake in this State without an environmental program and
answers on how they will fight the environmental problems on
these lakes.
Harry Sweatt, 3225 Bohns Point
become the.designated parking
that the DNR is not accountabl e
not voted into office and the
their budget.
Lane, stated his property would
.lot for this access. He stated
to the citizens because they are
citizens have no influence over
Sweatt asked how much demand for parking spaces would this parcel
create. He felt that it may create a demand for 40 spaces while
only providing 30 spaces. He also asked the Council if the
police would be able to patrol the additional unauthorized parked
vehicles on Bohns Point and use of private property for a
"guaranteed parking space ".
Callahan noted that those issues have been asked of the DNR and
the DNR has not provided any answers. _
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PUBLIC HEARING HELD REGARDING DNR'S PROPOSED LAKE ACCESS
ON MAXWELL BAY
ORONO CITY COUNCIL - JANUARY 6, 1992
Sweatt opposed the feeling that there is nothing that can be done
to stop the project. He noted that passive resistance is
absolutely deadly. He explained that the DNR should -be required
to provide an environmental impact study as any citizen proposing
the same type of project would be required to submit.
Goetten assured Sweatt that the Council would fight against the
project and noted they have considerable resources to do so.
Sweatt suggested that the` citizens are inclined to turn the
problem over to elected officials, but they alone cannot solve
the problem. He stated the citizens must get irate and let the
other entities involved know it.
Mrs. Erler, 3448 North Shore Drive, noted her property is mid-
point between the Hennepin County access and the parcel proposed
as the DNR access. She noted that indeed parking spills over
from the Hennepin County access launch, and indeed they climb all
over personal property••and get irate when told to leave. She
noted that the` police will answer calls on trespassing, but if
the person has left the private property when the police arrive,
nothing can'be done. She stated the people are coming and going
at all hours of the day and night. Erler noted that many
accidents have happened because of the lake being overcrowded,
but not -many are reported to -the public.
Vern Hauge, Mayor of Tonka Bay, noted
arrogance of boards in spending taxpayers'
attitude is evident with Hennepin County
land for parks. He resents the ability
sell to the DNR, and the DNR's ability to
they wish with taxpayer money.
he is irate by the
money. He stated that
taking a big chunk of
of property owners to
purchase any property_
Hauge directed Representative Smith -to draft legislation to
curtail'- funds designated for the DNR -as they do not deserve the
funds they receive. He felt the funds should be designated to
fight exotics.
Hauge charged the DNR with making the communities spend excessive
amounts of money to adopt the DNR shoreland regulations, and then
the DNR has the audacity to break their own ordinances.
Hauge commissioned the citizens to help their Council instead of
criticizing them.
John Dudley, 3250 North Shore Drive, stated he used to live at
3260 North Shore Drive and can attest to the danger of entering
and exiting the property from County Road 51.
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PUBLIC HEARING HELD REGARDING DNR'S PROPOSED LAKE ACCESS
ON MAXWELL BAY
ORONO CITY COUNCIL - ?JANUARY 6, 1992
Mark Brenneman, General Manager of North Shore Drive Marina and a
resident of Spring Park, explained that Hennepin County Highway
Department closed a curb cut to the marina due to a safety
concern. -He felt citizens should contact the Highway Department
as the Highway Department will not allow additional use of the
access to the property. He stated the DNR is a very mismanaged
group.
Jennifer Dotzenroth, 3225 Casco Circle, noted that if this issue
is any Andication of how entities that govern manage the lakes,
citizens should be very concerned. She felt.-that citizens of
Lake Minnetonka should set a precedence and take this issue .to
the State level if needed.
Pat Wolf, resident of Medina and lives on Lake Independence. She
indicated that she is currently the vice president of Minnesota
Lake Management Federation and has served on,every task force
involving the milfoil issue. She stated she was instrumental in
getting legislation introduced making it a misdemeanor to
transport milfoil, which the DNR never supported. After a year,
the DNR was forced to comply by doing road checks. She stated
that legislation is currently being written with the input from
the Steering Committee which will try to better protect the
lakes, not just close accesses as some persons believe. She
advised that these organizations need support from the public and
directed property owners to be responsible and get civically
involved.
Debbie Brenneman, Spring Park, charged that StateLegislators are
not being held accountable for anything that happens on or, around
the lake: She suggested contacting the Highway Department; State
Legislators, LMCD, and even the Governor to express local
concerns. She stated that after reading the mandate by the DNR,
she concurred that marinas and rental slips should be counted as
public access. She noted there is,no dollar figure attached to
access in the mandate. She felt that if the local officials had
stopped what was happening at Lakeside Marina, they would not
even be.there for the meeting.
Jabbour directed that 'credit should be given to Representative
Smith and Gen Olson as they have attended many meetings on this
issue.
Brenneman asked what the Council planned to do to stop this
project.
Mayor Peterson reiterated that the Council will discuss.this
issue in executive session with the City Attorney to review
options available to the Council.
Jabbour advised that this issue is bigger than just one landing
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PUBLIC HEARING HELD REGARDING DNR'S PROPOSED LAKE ACCESS
ON MAXWELL BAY
ORONO CITY COUNCIL - JANUARY 6, 1992
and urged citizens to get involved.
Steve Smith, State Representative, noted he sees a great number
of disparities, one of which is the Chair of the Tax Committee
for the House of Representatives has an eighty acre home in
Aitkin on which he pays $240.00 in taxes a year, while most
citizens in attendance probably pay much more than that a year.
He noted that when local government aid is figured, Orono is
figured at $.33 /capita and in Bovy they get $483.00 for every
man, woman and child and $470.00 for every man, woman and child
in Aitkin. He explained there are'too many tax spenders in St.
Paul and not enough taxpayers. He advised he would be dining
with the Govenor the following day and he intended to discuss
this issue with him at that time. He also indicated that he
would be drafting legislation requiring entities to give a 90 day
notice and conduct several public hearings for projects such as
this one.
Ron Stauffer, 3268 North Shore Drive, noted he was never
approached by' the DNR to review this project and is opposed to
the launch being'built.
Ed McDonald, 3265 Bohns Point Lane, asked if County Road 51 could
be designated as no parking.
Callahan noted it is a.County Road and the City does not have
jurisdiction over the road. He did indicate the City could
impose such a restriction over Bohns Point Lane.
Callahan went on to point out that as changes are made to Highway
12, County Road 51 will4be impacted and Hennepin - `County Highway
Department has decided `not to take a stance on the Highway =12
issue and has not focussed on this at all. When the County -is
supplying the DNR with information regarding traffic on County
Road 51, they are not taking into account any additional traffic
from the rerouting or expansion of Highway 12.
Jay Lawrence, 1448 Baldur Park Road, has observed people already
using his drive for a turnaround and with additional launching
areas, this situation will only get worse. He was also concerned
about the safety factor.
Christine Brickley, 3262 North Shore Drive, felt that the DNR had
been planning this project long before it was brought to the
public's attention. She noted that she had contacted the
property owner last spring about purchasing the parcel in
question and was told that he was awaiting a decision from the
DNR regarding purchasing the property.
Terry Forbord, 265 West Point Road, explained that he has always
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PUBLIC HEARING HELD REGARDING DNR'S PROPOSED LAKE ACCESS
ON MAXWELL BAY
ORONO CITY COUNCIL - JANUARY 6, 1992
wanted to live on Lake Minnetonka and has recently purchased a
home on the lake, but during the years has watched all these
changes in and around the lake and wonders about the future. He
felt the DNR does not have the right to use taxpayer money to
manage the lake in a manner not agreeable to the taxpayers. He
urged the Council to join with other surrounding communities to
fight against this mismanagement. He suggested that there should
be no additional funding for public access and any money
available should be used to help solve existing problems.
Pat Gonion, 3186 North Shore Drive, noted they just purchased
their home and prior to that, her husband contacted the DNR to
inq>>ire about Maxwell Bay and they never mentioned a proposed
boat launch. °
Jabbour explained he has been working with a nation -wide group
called the Clean Water Action which is concerned about the
environmental quality of water. He suggested the group help to
introduce legislation which will put a moratorium on any public
access for 5 years and defer the funds for research on the zebra
mussel.
Jabbour pointed out that most people in attendance 'have been
before the Council requesting a variance of some sort, and have
been asked by the Council to modify their lifestyle to comply
with the ordinances. He felt the DNR should be asked to do the
same.
Castagna reiterated that the LMLOA is working very hard for
lakeshore homeowners and the LMLOA needs the support of every one
of them: He urged all lakeshore owners to join the organization.
Ginny Lee, Aitkin, Minnesota, urged citizens to join the State
organizations who are working for them.
David Dotzenroth, .3225 Casco Circle, noted that they should be
concerned with the loss of tourism with the spread of milfoil and
zebra mussels, and noted that if that base is lost, all would be
paying a larger portion through taxes.
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PUBLIC HEARING HELD REGARDING DNR'S PROPOSED LAKE ACCESS
ON MAXWELL BAY
ORONO CITY COUNCIL - JANUARY 6, 1992
ADJOURNMENT
Mayor Peterson closed the public hearing at 9:00 p.m. and urged
all to attend the scheduled meeting of the DNR on January 21st
and asked that they bring" other concerned citizens to that
meeting.
Barbara A. Peterson, Mayor
" AT ST:
Dorothy . Hallin, City Clerk
x
x
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