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Home My WebLink About04-11-1977 Council Minutes -� � • ' CIi'�" OF � �;,=,�JO ��;eaular ''�-e��ng of `L,e Orono Council , 7: 00 P.M. April 11 , 1577 � �'he Orono Council met on the above date with the ' - 1lowing members present: Mayor Van Nest, Council- -��bcrs Butler, A".assencale, Paurus , and �tielsh. Also ��r>�esent: City AdministraLor Benson, Building & Zoning �A�ministrator r�uhich, City Attorney P7alkerson, and City Engineer Frank, � ��•�ayor Van Nest presented Dick Youngbe�-g, current At1�ARD �residFnt of the Optimist Club of Lake Pfinnetonka, Optirnist Club of I��ke �an award in appreciation for the OpLimist Club' s Minnetonka �service in providing a recreational area at the �ackberry Park site in the City of Orono. � ' •No comments from the Park Co,�rnission. PARK COr1P�iISSION �No co�r�ents from the Human Rights Co;r�rni ss� on. HUr;�,� RIGHTS CO?�iMl SSTON �ivo cornr�ents irom the Planning ConUnission. PLANNING COMMISS70N � - �•"��vOr Brdd VaII ilest cG'_:�,�,u:=r��Cd oi] �h� Depdz�i��2r]t SF30Rr,T�AND RL11,ES & rof Natural �esourc�s �'unicipal Shoreland Rules R�GULh`�'10NS and Regulations stating that classifications and �aefinitions are not clear when defining c�eneral �development and recreati_onal cateaories. The general .�elop�,;ent cl�ssification for Lake r4innetonka is ��;appropria�e and it snould be changed to a recrea�ional category. a Paurus moved, Welsh seconded, to send a letter to �the Lake Minnetonka Conserva�ion District and to the Department of Natural Resources requesting ��hese agencies to change the classification of �Lake Minnetonka from General Development to a recreational status. P7otion, Ayes (5) - Nays (0) . � � �i�enry P�suhich, Building & Zoning Administrator, VARIANCE •read into the record the following Planning 1865 Shadywood Road Colr�-aission Minutes, which state: #238 � Warren Ortenblad �ti�arren Ortenblad, 1865 Shadywood Road, is requesting ra lot width variance on Tract E of RLS n624. '�'he a_rea is zoned for parcels of 1/2 acre area (21, 780 sq. ��-t. ) - 140 ' lot width. This lot exceeds the required �rea (22, 500 sq, ft. ) , but lacks the required width �as it is only 90 ' wide. About 13, 000 sq. ft. is �dry land, but the property is sewered. ��y concern here is not the subject lot, but the �perty next door (Parcel 810) . This parcel is ready occupied by a house and it is only 87' wide i and has an area of about 8, 719 sq, ft. (Continued) � � � ;J�°--T i•:_- ;., -;;: � i.i T� �: 7 Z-,` T, ?J ,. �.��_�'-vZ .�_:�`:_ :.G O� _ � O. O.�O CG�_vCIL .:E_ D . =xI 11 , 1977 cce 2 � Tne t�}: �e�crds ��,�;icate thct �o�h :�arcels (�',�ct V�x1A1vCE � E and Parcel 810) are owned by the D & J Corporation, 1 �i65 Shad��aood Road :'arcel 810, h��.-.`ver, it is ha-2stca�ed by a Glenn R. (Continued) �illotson. This might be through a contract for � � ceed. It would be a great irnprove��ent if we could so„�e way combine these two parcels to achieve a � �T�ore conforning situation. � Planning Commission Neeting - March 21, 1977 � Work Session item. Planning Commission was concerned � about ownersh?p of abutting property. Instructed 7oning Administrator to investigate this ��atter. i Staff - March 22 , 1977 � , Enclosed is a copy of the local tax records rcgard- ing the properLy which indicates A. T. Breitbarth as owner of both properties and D. J. Cornoration as taxpayer of bo�h properties. � Planning Cor�mission r4eeting - April 4 , 1977 � + Denied based on the �ollowing : � l. Both lots were unner one cor�mon owner in 1965, January l, 1975 , and recorded as such in the �, 1977 tax records. . Lot con�aining existing house is extremely sub- � standard (9 , Q00 sa, ft. ) . • 3, ri'wo lots cortbined consist of approximately 1/2 acre of dry land. i 4. �aould be setting precedent for similar proposals along shorelines and r«arshes. • �equested conii�ation of special assessment status. � If an error was made in assessing two units at the � time of the project, the applicant should request • waiver of one unit. � Council Action - April 11, 1977 � Mr. Richard Clayborne, P�Zr. Ortenblad' s r�anager, requested the Council to table this agenda item � until the Council r.meeting of April 25, 1977_ � Welsh moved, Paurus seconded, to table this agenda � iter,i until the April 25 , 1977 Council meeting at the request of the applicant. Motion, Ayes (S) - i r:ays (o) . • � � • w • �. ;�GUL:�;R 1•�iETING OF ^HE �RONO COlir�CIL HEI,D APRIL 11 , 1577 Page 3 � �enry '-7�nich, Buii��ng & Zonir,g ?��-ninistrator, VARI7�TJCE � read into the record the following Planning 140 Cygnet, Place CcV��-,- �s� on item, dated ?�Rarch 16 , 1977: r241 ' Lou �9arden � � _rr. �ou t°;arden, 140 Cygnet Place, is requesting a_�proval of a lot area snd width variance to use � i_;�e above parcel as a building site. The realtor subr�itting the proposal in.forrr�ed me that this lot � could not be expanded as the properties on either side already contained a house. He failed to inform � r�e that the owner of the subject Lot 2 lives on � the adjacent Lot l. Under these conditions , it would be feasible that the two lots be combined � as one rarcel. � Gn I,ay 27, 1976, we issued a building permit for a resioence at 240 Cvgnet Place. The applicant � was reauested to conbine Lots 6 & 7 as one parcel and co,��plied. I have enclosed a copy of this application for co;nbination. � Planning CorrJnission r4eeting - ?�arch 21, 1977 � ti•Jork Session iLen. The Cornmission felt that the conditions of this application were similar to �' �hose at 1865 Snadywood Road (7238) - 2 adjacent, � substandard parcels under one ownership. Planning Commission Neeting - April 4 , 1977 � ecoi�nended c:enial. Justifications : � 1 , r ots 1 & 2 in co�;�-non ownership. � 2 . Area is not sewered nor is it planned to be sewered in the Comprehensive Sewer Plan. � Increasing density would only add to the �roblem_ �� 3 . Tnere has been sor:le indication tha-t existing O septic systems in �ne area are not operating properly. • 4. Lots 1 & 2 are extremely substandard as individual building sites. Even if combined, � �hey lack the necessary 87, 120 sg. ft. 5 . Suggested combination of the two parcels. � Council Meeting - April 11, 1977 � Mayor Brad Van Nest commented to Mr. Lou S9arden . that the Metropolitan Waste Control Coirunission, �ollution Control Agency, and the Metro Council � feel that two-acre lots are a bare minimum to support on-site disposal systems at this time. � Orono has to enforce its existing policies and zoning to protect the saiety, health and welfare a of all its residents and not allow septic �anks • on substandard lots as this proposal is. In the Lu�ure, technologies and other situations might ., ;hange. At this point, the intercepLor does not serve this lot or other substandard lots in two- � �cre zonir_g. (Continued) � � w � :��G�iL_�R Ii:�ETi?vG GF :'"r.E G�ONO CC�?JCTL HFLD i;?RIL 11 , 1977 Paoe 4 � r✓(-`-S=-,C -n-=?d� Z��'ls'Il SC:C^v��['ed� �O C�:ii� �'fl� �ARIANCE _ a E i:i� � � � 7 M `Griance request for Lou t�'arden, 140 Cygnet 140 Cygnet � Place �� ace , per the Planning Co,��rnission Minutes of (Continued) �ril 4 , 1977, and to instruct the staff to � present a resolution to the Council at the �pril 25 , 1977 meeting denying this variance � request. 2�otion, Ayes (5) - 1�'ays (0) . � • �cnry T�luhich, Building & Zoning Acimi_ni_strator, CONDITIONAL USE Pr�'�IT read into the record the following information RIPRAP � concerning the conditional use permit and riprap North Star Marina ior the North Star Marira, 3324 North Shore Drive 3324 North Shore Drive + ca��d ;��arch ]_6 , 1977 : ,'-; 242 � North Star I��arina oriai_nally submitted pl �ns for . a building addition and seawall in 1975 . The � � proposal was approved with several conditions . , One being riprap rather than a sea�,�all. The proposal was renewed in 1976. � The low water level of the lake along with the � eros?on of silt throuah the years has created a • problem ror this year' s docking operations . The applicant is , therefore, requesting approval for ` the removal of the erosion and installation of riprap to proLect acainst further erosion. He � contends that this re��oval of silt is a shoreline �aintenance project only. He has submitted several � photos as e��idence. � The specifications for the project include removal • of the silt from the property. Maps and specs are enclosed. I am also enclosing copies of the + Council Minutes of Sep�e�nber 23, 1976. � I do not know the status of the docks that exceed the LP7CD 200 ' limit. I believe LMCD has decided � to enforce this limit this year. I do not know • if any of the marinas are objecting to this enforcement. + Don Murphy of the Hennepin County Public Works � Department, just called me on rSarch 15, 1977, to confirm their intent to cooperate to some extent on � projected improvements along County roads abutting • r.arinas. County procedures involve ;nore depar�ments and ;7�ore red tape before decisions are reached. � Planning Co-nmission P��eeting - March 21, 1977 � �vork Session item. Paul Kempf was present. �ifter � ,r�veiwing his proposal, the Planning Com.r�ission r�auested that the applicant submit a report from �he P-Sinnehaha Creek R'atershed District concerning • the extent of build up of the eroded material. (Continued) � � • :��GuL'P.R ?•i�ETING OF THE ORONO COU1vCIL Y.ELD APRIL 11 , 1977 Paae 5 � J `='��e a�� icant w�s forewarned that the only dredging CONDITIONAL USE PEA.MIT � t';at would be pe7-mitted was that portion that has RIPRAP • � " �eroded through the years. The Co;unission also 3324 North Shore Drive equested that the applicant submit a copy of the (Continued) � � action taken by the L?�CD at their meeting this week regarding dock lengths. The Commission recorr�ended � that the City Engineer supervise this dredging. � Plar�ning Cornmission Meeting - April 4 , 1977 � �1;r��e parties representing nearby property owners � were in attendance. They were especially concerned about the dredging and the affect this would have � on the neighboring properties. � It was sugcested that the applicant include in his • pi-oposal consideration of reducing the dock lengths �o the 200 ' LMCD regulation to justify the proposed � dr�doing for docks that would be lost in the cut back. The applicant felt this was unjust and, at � present, would not consider cutting back the docks. � The Planni.r�g Cc��ni�sion reco.-�u:�ended denial_ � Jt�stil� catiors : l. P�o hareship de,��or�strated to justiiy a variance from our wetlands ,noratorium. � 2. Concern about dreoging because o� the adverse aifect on the lake and adjacent neighbors . � 3. F�licy ior permitting dredging is to provide • access to the lake for riparian owners. In this case, no reason could be found to justify � this as property owner does have access to the lake. Mainten3nce dredging would not be � necessary to provide access. 4. In general, no objection to riprap. Indicated � they were in favor of shoreline protection and riprap. � � - - - - - - -- � Council r�eeting - April 11, 1977 � Mr. Paul R. �empf, representing North Star Marina, read into the record the following letter dated � April 11, 1977: � � (Continued) � E � � � �- - - - � � � �y � ,��f`i�� "'` ,� -/�,� � �;5��`t0 �'`��E:,TC�::+r!! b;��J��L+b�'��{7�7• • � 3324 NCRTH SHOR� �RIVE • WAYZATA, IJ11NN. 55391 • (612) 471-8581 - � April 11 , 19%7 a T0: Orono City Council FROi�: Paul R. Kempf • RE: F2rmit �or: (1) Restoration of ravicable titi�ater depth in North S�ar i��arina harbor area by rernoval of accumulated silt. (2) S�abilization � of natural shoreline along F1axwell Bay shoreline throuoh � installation of natural rip rap. � This apalication complies fully ►,ri�h all the conditions by which the Orono City Council approved this project at its rneeting on Sep�e�r�ber 23, 1975 by a vote of � five ayes and no nays. The Minnehaha Creek lti'atershed District, in gran�ing Lheir appr�val in October of 1973, reco�:�mended " . . .a dredging depth of no less '� �t��an i1V2 (5) feet below normal water level . ". � During our recent discussions wi�h the Orono Planning Commission, they expressed ` ;.he ;ollo'��ing concerns for which �he following answers ��ere ei�her given verbally . or: included in �he data acco��,panying our application. � CONCERN I : "Adverse effect on lake and neighboring properties �rom dredging. " � A. Part of our pier ins�allation in 1972 involved �he installation of a . - driven interlocking sheet steel sea wall s�arting at about �he west prop�rty line and ex�ending approximately thirty �eet east along the � sf�ore. The lake bo�tcm inside this sea wall was dredaed to provide iive ieet of wai.er dep�h at the wall . There has be2n no adverse effect � from this operation to either side of the site or to the lake that we are a��are of. Our proposal merely extends this by natural stone rip • ", - rap eastward a7ong the balance of our shoreline. � B. The abutting property owner to the east has endorsed the proiect by � letter submitted with �he application. � � - � C. I� would seem more detrimental to the lake to have boats operating in - ' a shallow, silty area rather than operating in a more raviaable water � dep�h achieved by rer�oval of the silt. � CONCERN II : "Lack of sufficient certification of �he extent and volume of material + to be removed. " � A copy of our application to DNR _was included wi�h our appTication which i r�cl uded the fol 1 owi ng: • Total length in feet rip rap and dredging 230' � Averaae dredging distance from natural shoreline into lake 45 ' Water depth at rip rap 3� � k'atzr depth 45 feet into lake 4� � Amount of material to be removed - loamy sand clay 1 ,148 yards � � (no sand, gravel ; rock or stone) - • . . _.. . _. i - _ • � •_ 80AT5 • MOTORS • CHARTER 8� R�NTALS • SERVICE • REPAtRS • DOCKAGE � STORAGE � � . . - - ------ - ---- -- - -- � �pril 1? , 1°77 � - � Grono City Council ' Faae 2 � CO:+C=R� I I I : "rppl i cati on i ndi ca�es mai n�er�ar-�ce dredgi ng to ori gi ral 1 ake bottom. - � Larking �ata certifying original boi.tom. " � The bot�om near the shoreline has been ever changing due to run-off and erosion. The original bottom can only be theorized using available data � such as the following quote `rom the soil boring analysis su5mit�ed: � "ooring ST-1 encountered topsoil overlying alternating layers of sand, loamy sand, and sandy loam to the 7 foot depth, fine to � n�edium sand i,o sandy loam to the 10 foot depth, silty clay to clay �o �he 23 foot depth, . . . ". 5oring ST-2 uas much the sai��e. The same � report stateslater: " . . . it was determined based on �he p2netration resistances and the visual observa�ions of the soil sar�ples , that � - little to no pile capacity would be developed above 17 feet in the � case of boring S7-1 and 13 feet in ST-2. " . , . These bori ngs are w i i,hi n ��ael ve feet of the na�ural shorel i ne • . Consider that when we purchased �he prop�r�y in 1963 tne shoreline raised � gradually to a hill about 20 feet i��igh a� the present location of our shop and showroom buildings. Over the years it is quite certain �hat much of � this hill was closer to �he shore and had been erooed into the lake. It is • even concievable that the "original " boi.tom was as much as 17 feet below the present bo��om level . This helps explain �he difficulty in deter��ining � " a "certified original� bottom" , b:e do know that the silt in the area i�;r�ere ��e propose �o work is one to �wo feet deeper than it was when we built our � docks in 1964. .� CQ'vC��N _IV: "If a riparian property ot�rner is deprived of access to the lake as a � result of an accumulation of erosion, maintenance dredg�ng ti•�ould be necessary. In your case, r�o��ever, drzdging would not be necessary � to provide access to the lake. Current conditions do not prevent access to the lake from your property." • � The first paragraph of our le�ter accompanying our application states quite • clearly how access is deprived-to 30ro of existing-slips . A clear hardship • is sP�own by the same facts. The concern itself states that maintenance • _ dredging is necessary. " � � CONCERN U: "The planning corr�nission did indicate they i�ould have no objection to � � any acceptable plan for riprapping the shoreline for protection against any further erosion. " � • - This is exactly what we are app7ying for a permit to do. The only way the riprapping can be effected is in the manner applied for. � CONCEP.N VI : The planning corunission expressed that the permit could not be � considered until North Star t�arina is in compliance with current dock length regulations. � We consider our present dock configuration a constitutional right that should � be considered separate from this application. lde are discussing this di�ference o; opinion regarding this issue with the LMCC�on a freindly basis � and would appreciate having the same opportunity with Orono. • r . � � ,�pril I1 , 1977 � Orono City Council � Pace 3 • �pplicatior�s �or p�rr�its for �nis work have also been submitted to: � - � � „inresota Depar�ment of �;atural Resources i�i nrehaha Creek l��atershed Di s�rict • U. S. Army Corps of Engineers • Lake Piinre�onka Conservation Dis�rict � �:e r,ave be:n noi,i�ied that these are all being held for consideration p:nding a f�vorable decision irom Orono. A final decision may be some time a��;ay from � all aoencies involved assuming your favorable decision i.onight. � The low itia�er level and lack of sufficient spring run off and rain to materially irr�prove the situation makes this need for maintenance a matter of extreme � ��ro�ncy. Further delay will only cause the problem to worsen, becoming more � • critical and resu�ting in mcre severe hardship. _ , + ror �?��ese reasons ti�.�e hope you will be able to approve our application at this n�eetirig. - . � : . - - � _ . e � � • � • � . - �- � - � � - • . . �� - � . • ._. �" �.. . .._i -- . . .. • . S t � • - . �' , , ' .� . . - � , • • , S '� ' . . � ' . . . � . ' � . ' ' . . " - . . . - .� .. - . _ . � _ • . • ! �-, ... �_ :':G ur _`:iE G;:�:v0 ��;�J��C .-L .�._.7 ..=��IL 11 , 1977 P�ae 6 � J '�,�or -.�aa , �r. .:; s� �:�c �;,e {ci � i,�;� : r,c �;� __ _�s : CONDITI�NAL USE PEr'-tMIT RIt�RAP : . . l . tiTMat is a na�ural lake bo�tom? 3324 North Shore Drive 2. How can �_nis b� re�<-1;n�;,ed accurately? (Continued) � "�1 or Van Nest conti;,uF d by stating that this � propcsal is entirely different than the original proposal a few years ago. It appears the riprapping � is no problem,at this time, and will stabilize the a lakeshore and prevent ariy further erosion but the City is concerned with dredaing the . lake bottom � and putting more nutrients in�o sus�ension to fur�}-,er r_�ollute Lake Minnetonka, r'ayor Van Nest asked ` ?.,,-, Kempf if North Star l;arina intended to pull their docks back to the 200 ' maximt:m lenoth as � ::etermined by the Lake l�iinnetonka Conservation District. Mr. Kempf replied that the North Star Narina does intend to maintain 300 ' oocks � �nd dredge beyond that point and do`s not �_ntend to pull their docks back to the 200 ' maximum lenqth � �s requested by the Lake Minnetonka Conservation District. S • '•'your Van Nest stated tnat tne illecal non-coniori�ing �lips can be moved on the shoreline and the City of ' Grono should not be reauired to permit Nor-ch S�ar '�:arina to dredge the entire shoreline to a three � toot aepth. The CiLy policy is to protect the ez_isting shoreline and not �o allow dredging to � acco:�u��oda�e illegal non-conforming struc�ures on pliblic waters. Mr. Paul Kempf replied that � North Star Marina has 95 slips and 200 ' of shoreline � and that North Star Marina intends to have 25 slips loca�ed on na��icable waters , not on dry land. • Ccunci �_r,��=.-�ber ?��:ssencale s`ated that there �ppears � to be two issues here, one is riprapping and the other is dredging and that both should be acted � on separately. � '��:i c�ibors living adjacent to North Star A,arina � cornplained t�at the drair.age from the 2vorth Star parking lot wzs running into their lots and flooding � out their homes. � T,';s��-�cale T�oved, Butler seconded, to ir.struct staff • �o submit a resolution at �he April 25 , 19%7 Council ;neeting granting a permit to the North- Star P2arina a�lowing them to riprap to stabilize the lakeshore only, conditioned that the drainage will not affect � abutting property owners and will filter to the lake, �nd, also, conditioned on the City Enginneer' s � �:pproval. Notion, Ayes (5) - N�ys (0) . � - (Continued) � s . � --.;c�»'-:: - - :._ : : . � _ : _ ;�;;0?��O i.Gu;�CIL i:r?�D _�t:1L 11 , 1y77 't'ace 7 �'.:sseneal e ::�c-,��_� �� -_sh seconded to table the ' . ��DGING PEr�ZNiIT cre dging re�-u�_s� �o� the North Star riarina and North Star Mari na � ��c-�ested the City Engi.neer and staff to sturu�,arize (Continued) �e nature of the intended dredging and to review ,d detei-mine public benefit, if any, and to en�er this on the April 25 , 1977 aaenda. rSotion, �A�°es (5) - Nays (0) . J � • Councilme�wer Nor�-r,�n ��. Paurus presented to �he WATER PAIROL City Council a r. eport reaarding the 1977 S�:a�er LAKE i�`�INNETONKA � Patrol on Lake MinneLonka , as rollows : ' PREA"�BLE Considerable discLssion has ensued reoarding _ , protecting the health, safety and weliare of the Lake Minnetonka �:sers , since the Hennepin County Board of Directors has discontinued the runding of the previously effective County ��Tater � Patrol. The LP9CD and the individual muni.cipalities h�ve tried in vain to obtain funding, and in fact, ' � �he County' s posture toward supporting the water • patrol has hardened to the point where ou`side funding would not even be considered. Rather �han i <.��,-ait for the acceptable nw-nber of accidents Cnd �: aths to occur which would force political action, � � s inc�-nbent on the LP�CD to initiate i��edi_ate �;_ion al_ong the lines of one of the iollotiaing � al�ernatives in �ime to salvage what could be a ' � tragic Memorial Day weekend and surruner. � ----- - - - --------- ------ - -- --- - - __- --- ---- - AL`='ERNATE I -_ - � • - Declare the 1977 Lake Minne�.onka boating season an impending emergency and formally request • energency funding of $150, 000 from the Governor . of the State of Minnesota for use by the I�1CD � Lo execute its water patrol responsi}�ili�y. � - If the County will not contract for this service, have the LMCD contract with one of the fifteen � surrounding municipalities for the required a water patrol service. � - L �he emergency funding is not available irom the State for the 1977 season, then full and complete responsibility �or all accidents and tragedies shall be borne accordingly by the Governor' s office of the SLate of Minneso�a, � - Proceed irunediately to enact legislation �o � provide perr',anent funding sources. � (ContinUed) ��.GULAR ?��i IIJG OF ^HE GRO1�0 COUNCIL HELD I�RIL 11 , 1977 Pa e 8 9 - The L?•�CD to establish a method for the execution Tti�ATER PATkOL of the water patrol service. Lake Minnetonka - The LP7CD to pass a resolution to be forti.arded �Continued) to the State of Psinnesota, establishing its objectives to take over complete manager,�ent respor.sibility of Lake P�Sinnetonka. These responsibilities would include but not be • limited to the following: o contract for water patrol services � o procure and own all boats , radios, cars, facilities , etc, required to staff and a execute the water patrol service a o procure all required buoys, contract for �heir installation and reT�oval o establish ownership, mar.agement and control of all public accesses to the lake o manaaement and execution of all channel dredging, etc. � ALTERNATE II - Effective ir�;�ed�ately, due to the County discontinuing its responsibility to fund the water patrol, partially or co=apleLely clese all public accesses to the lake. This action would be undertaken only temporarily until such tir.�e as both te�porary and permanent funding sources are establisried for the water � patrol. This action would significantly reduce the potential occurrence of tragedies, since � 80% of the lake users durin hi h use eriods do not llve c,n Lake Minne�onka. � ALTERNATE III - Organize some form of citizen police f�nction, wherein private citizens living - at str.ategic locations on the lake were designated with , police powers during this interim emergency time period. T�:ass�ncale moved, jti'elsh seconced, to adopt Resolution RESOLUTION �767 � T767, A Resolution Declaring That An Emergency Declaring Emergency Exists Affecting The Health, Safety And Welfare Lake Minnetonka Of Citizens Intending To Use The h'aters Of Lake + ?•iinnetonka, and amending the nu-lber iroin u777 to r767. 1•;otion, Ayes (5) - Nays (0) . � - - (Continued) ,-�2EGULAR ?�E.�TI?vG GF THE ORONO COu-NCIL "r.rLD RPRIL 11 , 1977 Paae 9 �SOLUTION r%67 t�E�SOLUTIQN.� ,�,' 7b7 � Declaring Emergency j�7HERFAS, the Hennepin County Sheriff has Lake Minnetonka withdrawn its police protection services on �Cont�_nued} S ?ake 2�Iinnetonka as well as its budaet for said service, and titi;jERLAS, the City of Orono, as well as other a ne�ghboring cities bordering on LaY.e P4inne- ionka are prevented from iun�ing municipal police protection to the citizens using the i�ake I��innetonka wa�ers by State Statute , nnd S ��NERf?AS, the Lake i�Iinnetonka Conservation District has the statutory authority to provide police protection for Lake T9innetonka, but has no statutory ��ans to pay for police service, and WHEREAS, a dangerous condition now exists on Lake ?dinnetonka affecting the health, safety and wel�are of all citizens intending �o use T•ake Minne�onka for recreational and rela�ed purposes during the calendar year 1977. � ' NGW, THEREFORE, BE IT RESOLVED that the City of Orono declares that an e;��eraency exists affecting the health, safety and welfare of citizens in�ending t.o use the �•.aters of Lake 2�iinnetonka, and � FURTHE1=tr70RE, that the Lake ?�Sinnetonka Cor.ser- vation District be requested to make. known to tne State Government that an emergency does ' now exist for which there is no funding available unless emergency funds are obtained from the State, and FURTHERMORE, that the Zake MinneLonka Conser- vation District and Hennepin County be rec�uested to close all public access points on Lake � Minnetonka until such time as the emergency has been corrected. ?✓ot� on, Ayes (5) - Nays (0) . � , (Continued) �F.iGUL?�R 1•'.�Ei�IvG Or TiiE ORONO COLn�CIL I-iELD ?L�RIL ] l , 1977 Faoe 10 raurLs moved, Butler seconoed, to adopt Resolution RESGLUTION T768 ' r768, A Resoluti.on Reauesting The Laice Minnetonka T�:anagement �Plan � District To Pr�pare A Formal r"aracement Plan To Lake Mi;�netonka Contract And Fund A Police P;ater Patrol Service � For Lake Minnetonka , and armending the nulnber from r778 to n768 . ?jotion, Ayes (5) - Nays (0) . RESOLUTION �768 i WHEREAS, the Lake P�4innetonka Conservation �istrict has the statutory authority to exercise broad rcgulatory power over Lhe use of Lake r4innetonka, and 1��HEREAS, Hennepin Coun�y has moved to withdraw sub- stantial financial su�port of governr:�ental services '� being applied to regulating uses on Lake Minnetonka, and wHEREAS, it is incumbent upon the Lake Ifinnetonka Conservation District to develop a complete manage- ment plan stating objectives and means -co achieve those objectives . �- NOW, TYEREFORE, BE IT RESOLVED that the Laice Pfinnetonka Conservation District i��u-nediately and urgently prepare a formal management plan including, but not limited to, the following: l. Frovisions ror contracting and funding Police �•�ater PaLrol services. 2. Acquisition of facilities and equipment required to execu�e above. 3. Acquisition and management of the LaYe T�avigational A1�S. 4 . Ownership and manaaement of all County owned and operated accesses to Lake Minnetonka. 5. 2��anagement and execution of all channel dredgings and Lake raaintenance projects. � 6. Development of a comprehensive funding profile for each element of the Lake P�4innetonka manage- ment program. , r,otion, Ayes (5) - Nays (0) . � � � =,`�'J ----z - ---�-- ;G Q: 1'rE C�OiYO COliIvCIL }�r;LD ;�-��i<IL 11 , 15%7 Page 11 t . .:._-,r�.� '�',.<:�:� ��, =, �: �� c_ng & Zoning Administrator, SUBDIVISION _-ead into �he �ecord �he following iniorr,ation, 35�7 Shoreline Drive �c�ted Narch 30, 1977 : �`182 Ed Lehman � ?�;r. Ed L�hman , 3527 Shoreline Drive, just sub- mi�ted plan #3 showing the proposed location � � or a home on Lot 3. The house would meet the � �ront and side yard setbacks, but not the lakeshore setback. I suggested cor-ibining � Lots 2 & 3 , but he objected. �ae should determine now whether or not we would approve � a variance irom the 75 ' lakeshore setback lequirement be�ore making a dec�sion on i-he i iinal p1at, � Pldnning Co�r�r�ission .�,Fetinq - April 4 , 1977 � It was brought to the attention of the Planning �� Co;runission that any dwell�ng proposed for Lo� 3 would have diificulty meeting all setback � requirements , (front, side and lakeshore) because of the lagoon. The CorJnission recommended � �pproval of the iinal p1 �t subject to the iollowing + condi�ions : ' l . Approval of the plat does not constitute �pproval of the location of any dwelling. � ? Al1 propcsed dwelli.ng locations shall meet the minimurn 75 ' lakeshore reauirement. � 3 . Appropriate park dedication fee (total ` $3, 086) . � 4 , r�_nal plat is s�me as prelininary which �tias previously approved. r . There was no request ior adjustment of the special assessments at the present time. � Council rieeting - April 11, 1977 t �tielsh moved, Butler seconded, to adopt RESOLUTION #769 � ResolUtion n769, A Resolution Approving The Lehman Addition , Lehrnan Additi_on, as per the Planning Commission Ninu�es of April 4, 1977, with the addition of: � S. Title opinion to the City. � 6. Necessary conservation easements and other � easements that might be applicable. � ?�otion, Ayes (5) - ?�'ays (0) . � � � � � � . ��GliL_'tiR ?•:��:T�?:G OF �_��E O�?O?�O Ct�UI��CIL rELD ?=�RIL 11 , 1977 Paee 12 !' " � 's:cnry I��u:�: cn, Bui icir,g b �onir,g Administrator, read FIVE-ACRE ZONING into the record the following infoz�nation concerning • . �uses in 5-acre residential zones - veteri_narian Gnd iog boarding: � Coi�ncil has requested that the Planning Commi�sion � review our zoning ordinance for recon�rnendation on • �_�;�,�nding the code to provide for operation of this nature in the 5-acre zoned district. � P1a�,n:ng Corunission iseeting - April 4 , 1977 � ' P1 anning Co�ru-nission recorru��ended against arr�enci ,�g � �-ne ordirance ior dog boarding or kennels in any • residential zone. The Planning Co��unission determined �his was definite corimercial operaLion and there �, are cor��ercial zones ror an o�cr�tion s-�ch as this in Orono. � � H2nry ?�lunich, Blii l di ng & 7oning Aciministrator, read CONDITIONAL USE r�=��:IT • into the record the following information concerning 1165 West Ferndale the application of Gordon RiLz , 1165 �,7est Ferndale: �214 � Gordon Ritz 1-10-77 Variance approved ior lot area, lot widLh, � side setback , and lakeshore setback to permit a second floor addition over the � existing garage. Signed application asked -or permission to "add room over garage" . � Plans sub�nitted showed existing garage � level only with note to "add new play room plus two small bedrooms and bath over" . � 2-24-77 Construction plans leit at City without � application rorm. � T�pprox. • 3-2-77 Preliminary plan review - Inspector noticed kitchen for first time. Notified contractor � that no perriit would be issued for this design. � Approx. 3-3-77 New plans received from contractor/architect � with kitchen deleted. � 3-9-77 Permit issued for work per revised plans with • NO ROUGH-IN allowed in kitchen area. � 3-21-77 Plw-nbing permit issued for water heater, toilet, two bathroom lav sinks , shower only: framing � underway. � ;-25-77 Plumbing inspection - illegal kitchen sink � and washing machine rough-noLed. STOP ORDER placed. � (Continued) � � � - - - -_ _ _ _'�G , �.::G�' �' � --�-5 .� Or i'�� G�:^;''O COt-,�C1L i:�,LD :�:r:IL 11 , 1977 Faae 1 � • J �- 1-77 :r�:;;- r,c cr�-,� inu�ng - rio c::ange in CONDITIONAL USE F�:ti✓ZT � plur�ing - ceneral contractor advised 1165 �ti'est . k'ernCale � �hat work will be completely stopped (Continued) unless plw-nbing removed. � 4- 5-77 CoT�plete S1'OP ORDER posted. � S 4 -8-77 Conditional use app7_ication maoe for c�uest house. � Council Neeting - �pril 11 , 1977 � ?'ayor Van Nest moved, i�assengale second�d, to � grant �he variance for lot area and width and • a conditional Use permit for the guest house, s��bject �o no increase in hardcover and construct- ,, �_on for �he guest house to be over the existing c�rage. 1��otion , T.yes (5) - ?�'�ys (0) , � � �enry Mul-,ich, Buil_ding & 7oning Adm�_nistrator, SIFTUS RF'POR'1S � niormed the City Council Lhat the following items � were being reviewed by �he Planning Co�rJnission for � Ceuncil action at a later date: Jack Rhode , 1410 �ohns Point Rcad, variance and conditioral use � pez-mit; Ski-Tonka, conditional use pei-mit, Phase II; ?�orth Shore Drive n�arina, 3222 North Shore Drive, � 1977 1?c�nse review; Victoria Grain Co��pany, 50C �orth A?-m Drive, oock location and dredging; � William Odden, 3450 NorLh Shore Drive - varinnce; • review pla�ting ordinance; review wetlands dredging and duck ponds (moratorium) ; review park status , � (moratorium) ; James Rallestad, 140 Brown Road South, subdivision; C'r,arles Pihl, 2605 North Shore Drive, � riprap; k'al�ers Fort Improvement & Maintenance �ssoc. �ti'alters Fort Lagoon, dredge, seawall and � riprap; Richard Brenstedt, 2685 Shady�,00d Road, • subdivision; Hennepin County Vo-T�ch, 2940 Sixth Avenue North, conditional use permit renewal; � Gayles riarina, 3366 North Shore Drive, Building plan approval, 1977 license; review and co,�-nent, site � traffic and en�iornmental reports on future Medina Vo-Tech Shcool proposal; Robert Birkeland, 1298 S Wildhurst Trail, dredging permit; R. Bruce Kobs , 2732 Caroline Avenue , subdivision. � � Mr_ Greg rrank, CiLy Engineer, presented to the FLOOD4,7AY MAPS � City Council the following letter, cated April 7 , Stubbs Bay Marina 1977, which states: � P.s requested, we have reviewed the proposed location � of the SLubbs Bay Marina relative to the preliminary �f?.00d��y r�,aps as prepared by Barr Eng;neering. (ConLinued) � _ � � � • :��;G��11:_.. ?..��;'Ir�G OF `��iE U�O?�O CGL�?vC?L ��.��D :�rxlL 11 , 1977 r dce 14 � The proposed loc�tion of the f;arina is in an FLOODi��AY AZAPS _ �_rea designa�ed as a "Sheet Flow Area" , which (Continued� � �� ans that if the first floor of a building onstructed in this area is loc�ted one to � ��wo ieet above the elevation of the road, no • structural problems are anticipated from flooding. Drainage in the sheet flow area is � ;:dec�uate to prevent flooding over the entire area. � � End of let�er. � Cauncil I��ee�ing - April 11, 1977 � � 1✓r. Greg Frank also informed the City Council that Barr Engineering Company will be completing � �he final Floodway r.�aps and presenting them to the City Council at some future date for � their final approval. � r�ayor Van Nest moved, Paurus seconded, to i condition the proposed building at Stubbs Bay r�arira,based on trie City FpQi:l��r� s report on ` �. he Floodway tf�ps , as part of the conditions to be met pursuant to a nermit being issued. � �"iOL� On � .-'�V�'S �S� - i`�d��S �� , � + _`avor �r�d Van ?�est zTioved, Taurus seconded, SEi�:ER S�RVICE A�,�S �o retain Sewer Service Area 7 & 8 as a rural 7 & 8 � service area. Included in the Sewer Service Area 7 & 8 is the Crystal Bay Area C and the � r�innetonka Bluffs Area G, which are recognized as two possible potential pollution sources � �nd will be progra�ed for connection to tne , Orono-Long Lake interceptor, with construction commencing within three years after completion � of interceptor construction. The remaining areas, or symbols at scattered loca�ions � ��.�orughou� Sewer Service Areas 7 & 8 are recognized as meeting mini�um State standards � and zoning requirements and will not require • municipal sewer service until 1990 or later. The long-range plan for municipal sewer � connection is 1977 to 1983 - none; 1983 to 1984 , or symbols C & G, 1985 to 1°90 - none. � ^�o�_�� on , �yes (5) - Nay s (0) . � � � � � � � � • i-:=;G'�----.._R . ._��1 �'�G G_� `'ii,� O�O'v0 COi_�;vCIL 'r.�;_�D ?.rRIL 11 , 1577 P- �ge 15 � 1�1Ct: �C-::SOI7� C1t.V i�ClTilillS��n�Gr� DrE:SE-7'ii=E�C� t0 ��12 jti't?i:��B - �°1F�`I'ING � City Co�.incil a letter from the tiest Hennepin Human �pril 23 ; �1977 �rrvices Planning Board, da�ed �pril 4 , 1977 , �-hich s�a�c:s : � � ,''�st �:e;,-;epin H�an Services P1 anning Bcard is � �;aving a retreat for its Board on April 22-23 . � At this retreat, we will be looking at our his�ory, e eaploring needs in our communities , and prioriLizing ruture aoals . In this process, we would l ; ke to � include your ideas, � �'our municipality par,_icipates in ��driF3S a�;d has ��rnbers on the Board. ��7e believe that we must � have well-developed co,;��unications between members + of our Board and City officials. This good co,;uT�unication will help in the building of strong + and effective h�ran service delivery in the ��,est I�ennepin County area. � On behalf of Wt3HS , I would like to invite you to � �•drticipate in part of our retreat, so we can aet your inout and work �oward better co;�-nunications. S �;e would like you Lo join us on Saturday, April 23 , � 1977 �rom 4 : 30-7 : 30 P.ri. During this , we will have j a discussion period and present our goals neveloped � � during the retreat, a social hour, and dinner. The � retreat will be at Spring Hill Con�-e,-ence Cen�er, � Coun�y tcoad 6 , ti;ayzat_a. � For �urther information, or to RSVP, please call A our office at 920-5533. Please RSVP by April 18. � jve would very much appreciate your participation, so that Loaether we can plan ior rneeting the needs i of our area. � � Tracy ��hitehead � • ti��?�HSPB Chairperson � End of letter � The City Council requested the City Administrator, Dick Benson, to attend the retreat of the West � Hennepin Human Services Planning Iloard on Saturday, � rpril 23, 1977, 4 : 30-7 : 30 P.P�. at the Spring Hill f � Cor.�erence Center. � � � Butler moved, Paurus seconded, to adopt Resolution RESOLUTION �770 ;;%70, A Resolution To Place "No Parking" Sians On No Parking Signs � Briar Street Between Prospect Avenue And North Briar Street hore Drive (Co�inty Road n51) . Motion, Ayes (5) - Nays (0) . � � � � � -:1GUL:.R 1�S�.ET�NG OF ^HE ORONO CGu�T�CIL �::rLD T�RIL 11, 1977 Page 16 � ��tler r��eved, Paur�s seconded, to table the A.T�i�ND t;�.i�'NEL LICE^:SE � �.�;�enament to the kennel liccnse ordir,ance . until the regular ,;�eeting of April 25, 1977, " •� ' _ � due to the fact that no one was r�resent to represent the dog owners. T�;otion, Ayes (5) - � ''�=YS ��> - i � Dick Ber.�on, City AcLTninistrator, inform�d the Bi?P�vING DISrnSED `i'��'S City Council tnat hen:�epin County and various � other areas are planning sites for burning d�tch �lm diseased trees . The si�es are open � =ive days per week , c7osed Saturday and Suncay, � with the Navarre area of Oi-ono using the Shorewood site and the balance of Grono usi_ng the Minnetrista � site. Each site will be resoonsible for obtaining �he burning permit frort the Pollution Control � .�gency and es�ablishing a fee schedule. • Paurus moved, Butler seconded, that legal DISEASED TREES VIOLATIO procedures be taken , according to City 1179 El;;�wood Avenue Ordinances , for the rer_�oval of diseased wood -rom the Bruce Garlock property located at � 1179 E�i-�wood Avenue. j��otion , nyes (5) - N�ys (0) . r hR�yor Van Nest ��ovc�d, Butler secon�ed, to approve rI� SERVICE AGRrEMENT � �he I�gre`�:�ent ror Fire Service wi�h the City ��,'ayza�a-Orono � of ��ayz�ta, subject to a,-aending paymenLs being ��ade on a quarterly basis rather Lhan on a � once a year basis, i-Zotion, Ayes (5) - Nays (0) . � ?,ayor Van Nest moved, Bu�ler seconded, Lo approve SALARY INCREASE � the salaiy increase �or Alan Olson, P.ssis�ant Alan Olson i Building & Zoning Administrator, Lo $15, 226 . 60 per year, effective April 18 , 1977, with another S review during the month of Septenber, 1977. Notion, Ayes (5) - Nays (0) . • � Butler mcved, Paurus seco�ded, to approve the SALARY INCREASE • salary increase for James Gregory, Sewer & �ti'ater James Gregory Department, to $6 . 34 per hour, effective April 18 , � 1977. riotion, Ayes (5) - Nays (0) . � Butler moved, Welsh seconded, to approve the �arr;�y INCRr.ASE � salary increase for Dale Skreen, light equipment DAle Skreen • operator, to $6. 34 per hour, efrective April 18 , 1977. Motion, Ayes (5) - I�.ays (0) . � � � � � - ��liI�.R !•�.��'vG Or iriE CR��>]JO COu?vCIL n�,LD ::,��IL 11 , 1°%7 Paae 17 �' _ �ich �er.son , City �:�-ninist�ator, presented to :E;�T:EP�N COUNTY CRI'��II�A � the CiLy Council a letter received from the JliSTICE COUNCIL _��nnepin County Criminal Justice Council, � � rated April 6 , 1977, which states: � �ncles�d please find a Ballot to be used in �ne i election of iour suburban representatives to ;crve on the Fiennepin County Criminal Justice � Cc�ordinac�ng Council. � ?:s �ou r�call , in addition to t?�e ��ao suburi;an . city r;�una��e?-s/administra-cors and the �wo sub- u:rban police chiefs , the Operational Bl�l �N�s of � �he �Coordin�ting Council call r:or representation on the Council by "four indivi�uals , ei�her rrayors � or ,��errbers of suburban city councils , elected • through r,�ailed ballots , by m�yors and ccuncil :r��ers of par�icipat�_ng � ocal uni�s of aovern�nent. " � �'ou are uraed to participate in this election and we ask that you co�pleLe the 3allot and re�urn , it in the enclosed, self-addressed, stamped envelope on or before April 18 , 1977. � ?�,ay we take �nis opportuniiy to thank you and � �he other me�r�bers of your city council for rassing . �he ,7oint Resolution re-establishing the Hennepin County Cr:iminal Justi.ce Coordinating Council � and for participating in this election p,-ocess. �ve look ioi-ward Lo your con�inued involve��ent � in the activities of the Council. � Thomas L. Johnson • �o-Chairman + End oi �le�ter � Dick Benson, City Administrator, inforned the BRIDGE CLOSING � City Council that Hennepin County Public Works County Road #135 � Department will be closing the bridge on County �cad r135 for renecking. � Work will begin April 18 or 25, 1977 , and will � be closed for appi-oximately six weeks. � � ^he �`rs . �obert Casch, 1030 Tonkawa Rcad, ��at�er Mrs . Robert Gzsch ?•��te� � was c��=eJ-rc�d un'r_il che ;r�eetirig of April 25 , 1977. 1030 Tonkawa Road � + The State Transportation Plan neetings have been 1RANSPOR'�'ATION MEEI�NG scheduled by the Ninnesota Department of Trans- April 21, 1977 � por�ation ior the purpose of identifying issues , �concerns, and problems which the plan must address. The Regional meeting for Orono will be held • April 21, 1977, 7: 30 P.M, in the State Office Building Auditorit:m, �,'abasha Street, between , Auroua and Fuller, in St. Paul. 0 REGULAR MEETING OF THE ORONO COUNCIL HELD APRIL 11, 1977 Paae 18 P4ayor Van Nest announced again to the public that WORK SESSION there will be a work session with the City Council April 14 , 1977 and Planning Cor�unission April 14 , 1977 - 7: 00 P.M. The agenda shall include the Platting Ordinance, a Dredging, and the On-Site Disposal System Regulations. � � r9ayor Van Nest moved, Butler seconded, to hold a PUBLIC HEARING public hearing concerning an amendment to the Ski DATE � Area Ordinance. This public hearing will be held Ski Area May 9 , 1977 at 7: 00 P.M. Motion, Ayes (5) - rlays (0) . � � Butler r�oved, Paurus seconded, that the following LICENSES � licenses, be approved: Motion, Ayes (5) - Nays (0) . � K & I: Heating & Plumbing, Inc. - Plumber Madson Plumbing & Heating - Plumber & Sewer Hookup � Mooney & Ridler Plumbing & Heating - Sewer Hookup Peterson Plumbing & Heating - Plumber & Sewer Hookup � Sullivan Septic Service, Inc. - Sewage Disposal i Installation � Paurus moved, Welsh seconded, that the All Funds BILLS � Accounts 5048 through 5154, 19517 through 19521 and Liquor Store Accounts 11836 through 118?4 , � be paid. Motion, Ayes (5) - Nays (0) . � • Butler moved, Paurus seconded, that the meeting ADJOURNMENT be adjourned at 10 : 15 P.M. Motion, Ayes (5) - � ,Nays (0) . r ! � i� • � � � l� � � Wil iam B, an Nest, P2ayor � w '�� ! �. Attest: � k'alte . enson, Clerk-Administrator � � � � � � � r