HomeMy WebLinkAbout04-27-1977 Council Minutes - Continued �- '
� CITY OF ORONO
�
• Continued Meeting of the Orono Council, 7: 00 P.M.
April 27, 1977
� he Orono Council met on the above date with
� the following members present: Mayor Van Nest,
Councilmembers Butler and Welsh. Absent: Council-
� members Massengale and Paurus. Also present: City
• Administrator Benson, Building & Zoning Administrator
Muhich, City Attorney Malkerson, and City Engineer
� Frank.
� This is a continuation of the April 25, 1977 Council
meeting that was previously announced, witl`i the
� press duly notified, due to the April 25th meeting
being adjourned at 8: 45 P.M. after a bomb threat.
�
, Henry Muhich, Building & Zoning Administrator, read SUBDIVISION & VACATION
� into the record his memo dated April 20, 1977, for OF ALLEY
the Ivy Estates subdivision and vacation of alley: Ivy Estates
The attorney for the developer called me to let me #85
know the County would not record this plat until
they received some certification of the vacation
� of the alley included in this plat.
� I believe the Council will have to take the necessary
action for vacating this strip so we have some
� aocumentation and certification of the necessary
• ecording of the vacation. When this is taken care
of, the plat can be recorded.
� The Council Minutes of March 22, 1976, indicate the
� developer is required to pay fair market value and
legal fees for the alley. Copy of the Minutes are
� enclosed. I will have to chec3c fair market value
. of land with the assessor.
� I am enclosing, also, a copy of the Planning Commission
Minutes of February 17 and March 1, 1976 , and a copy
� of the final plat.
. Council Meeting - April 27, 1977
Mr. Bruce Kelley, land surveyor, representing Mr. Ken �
� Lantto, commented that Mr. Lantto would like to have �,
* Council approval of the subdivision this evening. It ,
was noted by Mr. Bruce Malkerson, City Attorney, that
� it would require 4/5 of the Council or 100� approval
of the abutting property owners to act on the alley
� vacation. Since only three of the Councilmembers �
were present this eveni:ng, Mr. Lantto should proceed
� with getting 100� approval of the abutting property
owners. Mr. Lantto agreed and requested the matter
� be tabled until later on in the evening when he would
�e back with a signed petition.
• Mr. Lantto left the meeting at 7:10 P.M. (Continued)
�
�
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+�NTIi?1UED MEETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 2 I
At 8: 00 P.M. , Mr. Lantto and Mr. Kelley returned SUBDIVISION & VACATION
�ith a 100$ petition approving the street vacation. OF ALLEY
� Ivy Estates
►or Van Nest moved, �aelsh seconded, to approve (Continued)
�L..e vacation of the alley, subject to legal review, i
payment of all future staff or legal, or engineering
reviews �to determine that the property on either i
side of the alley is owned by the property owners �
�and not in fee by the City. Motion, Ayes (3) - Nays (0) .
�Butler moved, Mayor Van Nest seconded, to approve
�the Ivy Estates plat, subject to park dedication
fee being paid and any future administrative fees,
�and all conditions of the above vacation of alley
being met and a resolution submitted at the next
*Council meeting for approval. Motion, Ayes (3) -
�Nays (0) .
Kr. John Hacking, representing Victoria Grain Co. , VICTORIA GRAIN COMPANY
stated that his client would favor a conservation 500 North Arm Drive
easement in order to provide a means to retain #200
�that easement for dock purposes to serve the six lots.
�Mayor Brad Van Nest commented that it should be
noted that we are speaking of one dock from the
_ nainland to the lake or to any portion found to be
navigable water in the future. Mayor Van Nest,
��' so, noted these comr,ients concerning the
• iservation easement for Outlot B:
l. No dredging.
2. Dock to cross Outlot B to lake.
.3. The City Council determines that if portion of
Outlot B is navigable waters, the owner of
� Outlot B would retain the right to apply for a
maintenance only dredging permit.
�4. Will serve any part of dry buildable lots to
navigable waters.
�Nir. Shosrom, an attorney representing clients from
�the North Arm area, commented that his clients would
object to any dredging of any form in that area.
Mayor Van Nest noted to Mr. Shosrom that this agree-
ment would be that the applicant could never widen the
channel. Dredging maintenance of that channel is
�something that we would have to address ourselves to
separately, only if the channel is found to have been
�dredged legally with a permit and meeting all conditions
of that permit.
�Mr. John Hacking requested finalizing of the dock
�location with granting of the easement.
`Niayor Van Nest noted to Mr. Hacking that this was
- �reliminary approval for a plat and the City Council
. 1 not received any material from the applicant in
considering a dock approval and that the applicant
�should grant the conservation easement over Outlot B
to preclude dredc�ing and filling with two exceptions:
� (Continued)
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�' ,
CONTINUED MEETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 3
� 1. That one six-foot wide dock from any point of VICTORIA GRAIN COMPANY
the dry buildable property to the lake may be 500 North Arm Drive
� constructed. Location to be determined at a (Continued)
• later date. The dock is to be a common dock to
serve Lots 1-6 and Outlot A, at such time as it
� becomes a buildable lot by itself or is combined
with the one acre lot next door.
� 2. The applicant would not be giving up any right
to apply for a maintenance dredging permit on
� any part of any area within Outlot B that would
• be determined to be part of the lake and that
the City would not be bound to approve any sort
• of maintenance dredging by this action.
� Mayor Van Nest moved, Butler seconded, to approve
the preliminary plat for Victoria Grain Company,
� 500 North Arm Drive, based upon the two previously
stated exceptions. Motion, Ayes (3) - Nays (0) .
�
Henry Muhich, Building & Zoning Administrator, read SEAWALL & RIPRAP
into the record the following report from the Walter' s Port
r Planning Commission meeting of April 4, 1977, regard- #245
• ing Walter' s Port Improvement & Maintenance Assoc:
� The Planning Commission was concerned about the
seawall proposal in the lagoon proper. They felt -
� the seawall would be appropriate in the channel
ily. Suggested applicants consider riprapping
� ..ne entire lagoon. Directed applicants to submit
certification of approval for dredging, seawall
� and riprap from John James, owner of the lagoon
• (Outlot 3) .
� The Planning Commission indicated some concern with
the dredging. Determined this to be a work session ,
� item. Would investigate on the site and take action
on this proposal at the Planning Commission meeting
� of April 18, 1977.
Planning Commission Meeting - April 18, 1977
r Mr. Hartmann presented the proposal for dredging
� and several options of shoreline protection.
Several other members of the Association were
� present.
� A long discussion on the issue of riprap vs.
aluminum seawall followed. Mr. Hartmann
� explained that three members of the Association
� preferred riprap, while four preferred the
seawall. He informed them that from an engineering
� standpoint, ice would have a more damaging affect I
� riprap than on the seawall. Riprap would also
aquire removal of the high bank. Mr. Hartmann (Continued)
�
�
I
CONTYNUED MEETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 4
� stated that the cost of the riprap was much SEAWALL & RIPRAP
higher than the seawall. Another member of the Walter' s Port
• 'ssociation informed the Planning Commission (Continued)
.zat riprap would require the removal of a number
of large trees near the shoreline.
The Commission felt the dredging and shoreline
� protection were two separate issues. The
Planning Commission recommended approval of the �
� maintenance dredging to a reasonable depth to
allow owners legal riparian right to have navigable
� access. Spoils would be removed from lake area.
• Subject to approval of the other agencies.
A second motion was also approved to recommend
approval of a combination of riprap and aluminum
� seawall for protection of lagoon and channel,
subject to the following conditions:
� 1. The City' s receipt of revised, detailed plans
indicate exact location of riprap and sea-
wall as preferred by individual members of
the Association.
2. A written statement of approval from all
� property owners and underlying fee owner of
• lagoon and channel.
3. Provide safety measures along steep seawall
such as lifeline, rope ladders, etc.
. Engineer' s review and approval.
� Staff - April 20, 1977
Enclosed is a copy of the report from the City
Engineer regarding the shoreline protection proposal.
� I am also enclosing a copy of revised plans and
specs and certificate of approval of Association
� members submitted by Mr. Hartmann April 20, 1977.
� Council Meeting - April 27, 1977
� Mayor Van Nest noted that the reason for this
application is that there is no navigable access
to this lagoon because of siltation.
Mr. Muhich, Building & Zoning Administrator,
replied: Yes, that is true.
Mayor Van Nest asked if all the riparian property
� landowners agreed to the proposal.
� Mr. Muhich replied: Yes, they do.
It was noted that these property owners have used
� this lagoon with access to the lake for 18 years.
� Welsh moved, Butler seconded, to adopt Plan C
-oviding the following conditions: excavation
�r dredging shall not be deeper than 923. 4 ft. or
a total of six feet. It should be noted that the
(Continued)
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CON�INUED MEETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 5
� elevation of Gray' s Bay Dam is 929..4 ft. Also, SEAWALL & RIPRAP
riprapping and dredging is subject to the Walter' s Port
� �lanning Commission recommendations; also, channel (Continued)
�hall be blocked during dredging to prevent
siltation to the lake. Then the next step shall
be to dig the channel. Another stipulation is
that the applicants may have access over Lydiard
� Avenue to the lagoon during this project, as long
as they agree to pay for any damages to the road
� and that they do not disturb any marshes.
� It appeared at this time, there seemed to be some
• disagreement among the property owners on this
project. Mr. Scotty Ellis, 2701 Kelly Avenue,
challenged the construction of the west wall and
stated that all property owners are not in agreement
� with Plan C. Upon these findings of fact from the
applicants:
�
Welsh moved, Butler seconded, to withdraw the above
motion. Motion, Ayes (3) - Nays (0) .
Welsh moved, Butler seconded, to table the
� application for a seawall and riprap request
for Walter' s Port Lagoon until May 9, 1977
� Council meeting when at that time, the applicants
will show the City Council that all are in agree-
�ent with a plan or present a reasonable solution .
• :o this proposal. P�iotion, Ayes (3) - Nays (0) .
Henry Muhich, Building & Zoning Administrator, CONDITIONAL USE PERMIT
� read into the record the Planning Commission Vo-Tech
Minutes of April 18, 1977, regarding a conditional #247
� use permit for a crop program for Hennepin County
Vo-Tech:
�
• Mr. John Lobben was present. The Zoning Administrator
stated that since the work session at the last
meeting, Mr. Lobben has submitted some plans for a
bridge going over the existing creek for access
for the farm equipment from the Medina area. Proposed
bridge would be a flat bed, 24 ' long and 8' wide, to
be constructed by the students. No decision has
. been made by Vo-Tech concerning the farming
operation in Medina.
� The Planning Commission was still concerned about
providing access to the Medina area. Once again,
Mr. Lobben assured them that this is a separate
� matter from the Vo-Tech Campus proposal.
After some discussion, the Commission recommended
�pproval of the conditional use permit for one year
based on the following conditions: (Continued)
�
CONTINUED MEETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 6
S 1. That the only activities that shall be under- CONDITIONAL USE PERMIT
taken on the properties shall be the special Vo-Tech Crop Program
� crop production which included such areas as (Continued)
orchards, vegetables, nursery stock, sod,
Christmas trees, small grains and annual and
perennial flowers.
2. On� a temporary basis, satellite sanitary
� facilities and a minimal shelter such as a
small mobile construction trailer for use by
the students while on the properties, may be
installed on the properties pursuant to
S municipal and State regulations.
3. There shall be no student parking on the
properties since the applicant will provide
transportation from the classroom laboratory
building which is located off the properties.
� 4. Access would be permitted from County Road #6
at location "A" , which was approved by Hennepin
County because of an existing culvert.
5. The location of the proposed trailer shall be
approved by the building inspector prior to
installation.
6. This conditional use permit in no way �rants
� to the applicant any right to construct any
buildings now or in the future on the properties.
7. Receipt of written statement assuring the City
that the bridge would be removed if renewal of
the conditional use permit be denied at any
future date. Bridge not to exceed 8' in width.
This in no way denotes that we are approving the
use of the bridge as access to any future
buildings in Medina.
`
This recommendation of approval was by a 3-2 vote.
Council Meeting - April 27, 1977
�
• Mr. John Lobben, representing - Hennepin County Vo-
Tech Schools, stated that the reason for building the
bridge was:
1. To have access to land to the north to use
eguipment that is stored in a barn in Medina.
2. To farm the land in Medina, as well as the land
to the south in Orono.
� 3. That there will be no student traffic to Medina.
4. That there will be no student parking on the land,
� on the north or the south, and the reason for this
request is to have access from County Road #6 for
r agricultural purposes only.
� Mayor Van Nest moved, Welsh seconded, to concept-
ually approve the conditional use permit for a
-rop program, for agricultural purposes only, and
_he proposed bridge, based upon the previous
stipulations: (Continued)
CONTINUED MEETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 7
e 1. To have access to land to the north to use CONDITIONAL USE PERMIT
equipment that is stored in a barn in Medina. Vo-Tech Crop Program
�. To farm the land in Medina, as well as the (Continued)
land to the south in Orono.
3. That there will be no student parking on the
land, on the north or the south.
4. The reason for the request is to have access
from County Road #6 for agricultural purposes
only.
and also per the Planning Commission recommendations
� of April 18, 1977 and instructed staff to submit
a resolution for Council review May 9, 1977.
Motion, Ayes (3) - Nays (0) .
Mrs. Marge Gasch, 1030 Tonkawa Road, stated to MRS. MARGE GASCH MATTER
the Council that she is requesting reimbursement
from the City in the amount of $1,261. 80 for
what I feel to be reasonable for the loss of my
- privacy for my family since the new house at 1020
Tonkawa Road was not built according to the Orono
City Building Code. The City of Orono was at
fault for the house being built without the
proper setback from the lakeshore. I am requesting
these costs be paid by the City of Orono or I will
take the legal steps necessary to bring to the
�ourt' s attention the illegal way the building
�rmit was issued to 1020 Tonkawa Road and the
setback violation. This has caused a loss of
reasonable privacy and peace of mind for my family.
e The outline statement of costs are:
The variance application fee $30. 00
• Property owners list 5.00
Survey 172.00
Fence lumber 61.52
Shrubbery 923.28
Attorney fees 70.00 i
Total $1,261. 80
Mayor Van Nest informed Mrs. Gasch that he felt
that the City of Orono had acted in good faith
in granting a building permit to Mrs. Parten, 1020
Tonkawa Road, to construct a new home. The Mayor
� also noted that there was no survey submitted by
Mrs. Gasch to support her argument that the site
line was such that part of this property should
be further to the rear. Mayor Van Nest continued
by informing Mrs. Gasch that the Council felt that
the setback as located was proper. That the City
ertainly had no ability to expend public monies
imply because Mrs. Gasch felt that her property
suffered a diminution of value or that she felt
that she had lost some of her privacy. (Continued)
�CONTINUED MEETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 8
S Mayor Van Nest also noted that the building permit MRS. MARGE GASCH MATTER
was taken out almost a year ago and that Mrs. (Continued)
�asch could have requested a stop order when she
;lt the building was not being constructed
properZ� or within the proper setbacks. Mrs. Gasch
stated that she would take this matter to conciliation
court if the City did not grant her her wish to be
reimbursed for costs incurred to date and for monies
to plant trees within the next two weeks.
Henry Muhich, Building & Zoning Administrator, noted
that it was very difficult in this case to interpret
site line setbacks because of the topography, that
the Parten property is on somewhat of a point so that
it could never meet a lot setback even if one were
applied for. It was noted that the City had tried
to make a reasonable decision as to the location '
of this house and felt that it had done everything .
in its power to do so.
Mayor Van Nest commented that the City does attempt
to interpret and apply the ordinances uniformly
and fairly.
Mayor Van Nest asked Mrs. Gasch if she felt that
the requirement to plant trees in order to provide
privacy was an economic burden and the City could
reconsider the variance and remove the expense of
Lanting the trees.
Mrs. Gasch replied: . That she needed to plant the
trees anyway because of her intent to remove other
certain trees and to fill in certain areas along
her lot line to the lake.
! Welsh moved, Butler seconded, to reconsider the
variance for Mrs. Marge Gasch, 1030 Tonkawa Road.
Motion, Ayes (3) - Nays (0) .
Welsh moved, Butler seconded, to waive referral of
the variance to the Planning Commission. Motion,
Ayes (3) - Nays (0) .
Welsh moved, Butler seconded, to approve variance
for fence waiving condition to plant trees. Motion,
Ayes (3) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to reject
the claim submitted by Mrs. Marge Gasch, 1030 .
Tonkawa Road, in the amount of $1,261. 80 and request
staff to submit a resolution for Council approval
at the May 9, 1977 Council meeting. Motion,
Ayes (3) - Nays (0) .
.-.r. George Johnson, 835 Partenwood Road, noted to the
City Council that Mrs. Parten built her new home on
the old existing site exactly where the old foundation
was.
CONTINUED MEETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 9
� Henry Muhich, Building & Zoning Administrator, NORTH SHORE DRIVE MARINA
read into the record the following report on the 3220 North Shore Drive
North Shore Drive Marina, 3220 North Shore Drive Larry Hork
dated April 11, 1977:
Mr. Hqrk met with Alan Olson, Assistant Building
and Zoning Administrator . I also spoke with him.
We reminded him that permits were necessary for
racks. He said he was not told about this before
he ordered the racks and they were already in town.
I also reminded him of the missing trees. He said
he would look into this.
I was not too sure if his plans included any
dredging so felt it would be wise to pose the
question directly to him. He informed me that he
had an approval from the DNR to do annual dredging.
�' I questioned this type of permit and advised him
to hold up on any dredging until the City approves
it. He has not submitted any dredging plans as
yet. He says he dredges the lagoon whenever
erosion makes access impossible, although it
has not been necessary since the early 70 's.
S I am enclosing copies of some additional plans
submitted by Mr. Hork. They include cross section
plans of the storage racks and a revised site plan
indicating elimination of some docks. The proposed
storage racks would substitute for the storage
docks on the lake.
Planning Commission Meeting - April 18, 1977
Mr. Hork presented his proposal. It consisted
of a request to erect two boat racks for storage
of 48 boats. These storage slips would replace
all the slips in the lagoon, some of the slips
on the main dock and some of the current on-land
slips.
The racks are 25' high to the roof line with three
decks. The two lower decks are 8' high for
storage of larger boats. The third deck has about
a 6' clearance for smaller boats. Mr. Hork did not
consider this deck as a storage facility. He said
this was only for small row boats and such. The
Planning Commission felt this would provide
additional storage slips and increase the storage
capacity.
The Planning Commission was also concerned about
the 25' height which exceeds the 15 ' height limit
on boat storage. Mr. Hork suggested eliminating
the roof to reduce the height to 18' .
� (Continued)
! .
CONT•INUED MEETING OF TfiE ORONO COUNCIL APRIL 27, 1977 Page 10
�
• After a long discussion, the Planning Cor.unission NORTH SHORE DRIVE MARINA
recommended denial. Justifications: (Continued)
�: Expansion of non-conforming use.
• Currently zoned LR-lA=i.
3. The stacked storage would create an objectional
� vi�ual obstruction.
4. Racks would require a height variance.
� 5. The stacked storage lacks adequate natural
screening from road and lake.
� 6. Stacking would provide additional open space
for request for storage expansion in future.
� Council Meeting - April 27, 1977
� Mr. Bruce Douglas, attorney representing Mr. Larry
� Hork, appeared this evening to discuss the question
of dry boat storage and one of the problems that
� we have had in the past and we are having now, is
the licensing that has not been acted on in the
• early part of the year and is normally not granted
• until later in the season.
Ma��or Van Nest asked Mr. Douglas if the City has
• ever denied his client permission to operate.
� Mr. Bruce Douglas: No.
Henry Muhich, Building & Zoning Administrator,
� informed the applicant that the annual license
� review is being completed now but this is not
n the agenda as a license review item this
� �vening.
� Mayor Van Nest noted that Mr. Alan Olson,
Assistant Building & Zoning Administrator, is
� reviewing all� previous resolutions pertaining
to the marina operations and these will be
• reviewed by Council at a later date. Mr. Olson
will be reviewing these resolutions with Mr. Hork,
� as well as other operators, before final Council
� action.
Mayor Van Nest discussed the Lake Minnetonka
� Conservation District regulations on dock
length and the cutback from 300' to 200 ' . Mr.
� Henry Muhich, Building & Zoning Administrator,
� stated that the City has approved the 200' dock
length regulations.
� P4r. Bruce Douglas stated that he and his client
� would like to discuss dry stack storage and
felt that they are adequate and meet all City
� regulations and they are approved by the Lake
Minnetonka Conservation District and the Depart-
� ment of Natural Resources.
� Mr. Hork has purchased these dry stack structures
�t a cost of $36,000 and Mr. Hork would like to
ave these constructed as soon as possible.
(Continued)
�
�
�
� CON�INUED MEETING OF TIiE ORONO COUNCIL APRIL 27, 1977 Page 11
•
Mayor Van Nest asked Mr. Hork the height of the NORTH SHORE DRIVE MARINA
• dry stack structures and Mr. Hork replied that (Continued)
to the roof it was 25' . Mr. Hork, also, stated
at he would consider lowering the racks to a
eight of 18' . The main roadway above these on �
� Hennepin County #51 is 35' above the proposed �
� height of the racks and homes on either side of �
the North Shore Marina are the same level as the
• proposed racks, which is 18' . These heights are
� all above ground level.
� Mr. Hork stated that Mr. Alan Olson, Assistant
Building & Zoning Administrator, had informed
� him that there was no need for a building pernait
for these structures.
•
Mayor Van Nest asked Mr. Hork if he had submitted
� any detailed plans to Mr. Olson in order for him
� to make a rational decision.
� Mr. Hork replied that he had not submitted any
detailed plan, just pictures of the proposed
� structure.
• Mr. Douglas and Mr. Hork stated that there was
absolutely no need for a building permit for
� these structures. Mr. Hork stated that these racks
will not be visible from the lake and will not be
sible from the street. They will not have an
� nvironmental impact on the area nor will they
bother the homes adjacent to the marina property.
• These will actually be permanent structures
inasmuch as they will be used year-around and
� will require a concrete foundation.
� Mayor Van Nest, again, asked Mr. Hork if detailed
� drawings were presented to Mr. Olson and if
foundation drawings were submitted.
•
Mr. Hork replied that erection drawings were
• shown to Mr. Olson,as were pictures ,but detailed
• plans were not submitted.
It was noted by Mr. Henry Muhich, Building &
� Zoning Administrator, that upon finding out that
� Mr. Hork had .intended to install these racks,
he sent a letter to Mr. Hork reminding him of the
� City regulations; at that time, Mr. Hork submitted
design and detailed data for City review.
�
Councilmember Mary Butler asked Mr. Hork if this
� rack structure was to accommodate 48 boats and
� Mr. Hork replied: Yes. Mr. Hork, also, stated
�lat he had taken it upon himself to remove 20
ips from the lagoon, 28 other boats will be
stored on land, which are all company owned. (Continued)
�
�
•
�
• CONTINUED MEETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 12
� Mr. Hork, also, stated that there are docks NORTH SHORE MARINA
remaining in the lagoon to tie the boats to. (Continued)
�hat nine boats could park along the walkways.
ey could park 18 boats on either side of the
• walkways and that the lagoon is adequate in
• depth for the parking of boats.
Mayor Van Nest noted that homes on both sides
� of the marina were in a residential zone and
� would view the racks and that if the racks were
to be located next to a residential property
� owner, that this neighbor should have the �
opportunity, and the City should have the
• opportunity, for full input to this proposal.
� It appears that there are many questions here
� that have to be answered. Do these proposed
racks meet the building code requirements?
� Was a building permit applied for? Apparently,
it was not. There is no question that if these
� racks are a permanent structure and they are
to be installed on a foundation, they do
• require a building permit.
� Other questions are: Will the installation of
+ these racks expand the existing operation?
What effect does the cubing or stacking of boats
hree high have in other marinas? Will the
plicant remove the same number of slips from
� he lake? It appears, also, that adequate
information was not provided to the City staff
« until such time as the racks were purchased by
, Mr. Hork. There is an obligation to move 20
slips on dry land. Rearrangement of existing
� storage areas might provide additional storage
areas without creating additional storage space.
� It appears that these racks would create problems
in height and create objectional visual obstruction.
• It appears, also, that this is an expansion of
illegal non-conforming uses. Also, this is allowing
� more than one permanent structure on one lot.
� This is also creating unjustified increased boat
density in one area. The City has to note for
` the record that structural drawings have never
been presented to the City so it is obvious that
� the City could not determine if a building permit
would be necessary. No one noted to the City in
� the preliminary stages the need for foundations
for these structures, that these racks have a
� capacity of 36 boats per rack or 72 slips altogether.
� The City has to determine if the ground space
requirement for these racks would affect parking
,� requirements.
� (Continued)
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�
�
�
� CONTINUED MEETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 13
� Mayor Van Nest, also, noted that the restrictions NORTH SHORE DRIVE MARINA
on outside dry storage areas, and all outside (Continued)
�ry storage applies to all B-2 and residential
• reas. Mayor Van Nest continued by stating that
this is a recreational area and such structures
+ impair ,the esthetics of the lake and the land.
� Mr. Hork replied that he felt that these
structures would enhance the area rather than
� degrade it. Hr. Hork, also, stated that he
does intend to take some 5' of soil borings to
• accommodate the cement footings on either corner
� of the racks.
� Mayor Van Nest, also, stated that he was concerned
with these racks meeting the State building code
� and felt that the City had not had ample time to
determine or gather any of these facts for review
• or consideration.
� Mayor Van Nest, again noted to Mr. Hork and his
attorney, Mr. Bruce Douglas, that adequate
� detailed plans were not provided to the City
� staff until after Mr. Hork had purchased the
racks. That the City was required by law in
! the interest of the public safety, health and
welfare of all its residents to gather and
� -eview all the facts before a reasonable decision
• ould be made.
� Mr. Bruce Douglas noted that the cost of
erection of the structures and taking them down
� was not great and that he would be willing
to enter into an agreement that if the City did
r not like them, once they were up, Mr. Hork would
dismantel them prior to any sort of litigation.
•
Mr. Bruce Malkerson, City Attorney, asked Mr.
� Hork,how many winter storage boats do you have?
� Mr. Hork replied: 90.
•
Mr. Malkerson asked Mr. Hork if he would agree
• not to increase the boat density.
` Mr. Hork replied: Yes.
� Mr. Malkerson asked Mr. Hork if he would consider �
� agreeing to storing only 90 boats.
� Mr. Hork replied: Yes.
� r. Malkerson asked Mr. Hork if he would agree to
� non-expansion clause.
� Mr. Hork replied: Yes. (Continued)
•
•
�
• CONTINUED MEETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 14
� Mayor Brad Van Nest noted that these structures
would r��uire a variance, as well as a building
�ermit i�n that this would create more than one
ermanent structure on one lot, again, expanding
• storage areas at marinas which would seem to be
• unreasonable. Mayor Van Nest concluded that there
appears to be many questions that remain unanswered
� and staff will require additional time to research
all the information required to justify Mr. Hork's
� request.
• Mayor Van Nest moved, Welsh seconded, to table
the request of the North Shore Marina for a
� structure with boat racks until the
. May 9, 1977 Council meeting. Motion, Ayes (3) -
Nays (0) .
•
Mr. George Johnson, 835 Partenwood Road, addressed
� the City Council stating that there are some
concerns that the Council should address themselves
• to:
� 1. The City Council cannot grant permits for
� temporary construction.
2. If the City of Orono should allow Mr. Hork •
� to install the racks, the City is inviting
a lawsuit.
•
r. George Johnson felt that there was much public
� concern in allowing the marinas to expand their
� operation at this time.
� Mayor Van Nest moved, Butler seconded, to table SPECIAL ASSESSMENTS
� the request of Dan Oas, 3297 Casco Circle, to 3297 Casco Circle
waive special assessments, until the Council
• meeting of May 9, 1977 for further information.
• Motion, Ayes (3) - Nays (0) .
� Mayor Van Nest moved, Welsh seconded, to refer SUBDIVISION
� to the Planning Commission the subdivision request 4665 Bayside Road
of fiarold Anderson, 4665 Bayside Road, for their
� review and comments. Motion, Ayes (3) - Nays (0) .
•
• Henry Muhich, Building & Zoning Administrator, SUBDIVISION vs. RLS
presented a report by Gordon Coffin, surveyor,
� explaining the advantages and disadvantages of
subdivision plats vs. Registered Land Surveys.
•
�
�
�
�
•
�
�� CONTINUED MEETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 15
� Mayor Brad Van Nest reviewed with the City Council COMPREHENSIVE SEWER PLAN
the Comprehensive Sewer Plan as has been updated
�o date, noting to the Council that this Comprehensive
ewer Plan consists of Phase I. Phase II will be
� worked on by staff and Council at a later date� after
� approval by the Metropolitan Council of Phase I.
� Mayor Van Nest went to explain to the Council
Areas 7 & 8 as rural service areas. Included
� in the Sewer Service Areas 7 & 8 is the Crystal
Bay Area C and the Minnetonka Bluffs Area G,
� which are recognized as two possible potential
• pollution sources and will be programed for
connection to the Orono-Long Lake interceptor,
� with construction commencing within three years
after completion of interceptor construction.
� The remaining areas, or symbols at scattered
locations throughout Sewer Service Areas 7 & 8,
• are recognized as meeting minimum State s.tandards
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 1990 - none.
� Mayor Van Nest moved, 6Velsh seconded, to adopt
Phase I, Orono' s Comprehensive Sewer Plan and
• requested staff to submit a resolution for
• :ouncil review and approval at the May 9, 1977
Council meeting. Motion, Ayes (3) - Nays (0) .
•
� Henry Muhich, Building & Zoning Administrator, STATUS REPORTS
informed the City Council that the following
� items were being reviewed by the Planning
Commission for Council action at a later date:
• Ski-Tonka - Conditional use permit (Phase II) ;
• Gayle' s Marina, 3366 North Shore Drive, building
permit; Jack Rhode, 1410 Bohn's Point Road,
� variance; Virgil Doerfler, 4799 Tonka View Avenue,
variance; John Gullickson, 920 Forest Arms Lane,
� variance; Redfield Homes, 2100 Webber Hills Road,
Variance; Ken Roelofs, 2605 Lydiard Circle,
� variance; Review platting ordinance; Review
wetlands ordinance; Review park status.
�
� Mr. Greg Frank, City Engineer, reviewed the B-2 ZONE
� B-2 zone goals with the City Council.
�
Mayor Van Nest announced that the staff and the ON-SITE DISPOSALS
• City Engineer will be meeting at the Orono City
�ffices Monday, May 2, 1977 at 1:00 P.M. to
review the on-site disposal regulations.
�
�
•
�
� CONTINUED MEETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 16
� Mr. Greg Frank, City Engineer, presented a report DREDGING & RIPRAPPING
concerning the dredging and riprapping application North Star Marina
�or the North Star Marina, 3324 North Shore Driveo
. hich states:
� At the �equest of the City Council, we have reviewed
the subject dredging and riprapping application.
� Based on a site inspection, it appears that the
� drainage area flowing directly into the lake
includes roughly a 75' strip abutting the shore-
� line. Drainage from the remaining area of the
� marina flows across the side property lines and
into the adjacent properties before reaching the
� lake. As such, erosion and siltation directly
in front of the marina is not as significant as
� it would be if the entire property drained
directly to the lake.
•
• Several small erosion channels (several inches
deep) were evident along the shoreline of the
� marina. All of these were located between the
end of the sod and the actual shoreline, a
� distance of roughly ten feet. The primary reason
for this is that a significant break in grade
• occurs at the end of the sod, with a steeper
unprotected slope extending into the water. If
� '-he shoreline were riprapped, this problem could
• ssentailly be eliminated.
� Upland from the break in the grade, the ground
slopes very gently and there is no evidence of
� erosion. It would,therefore, appear that Orono`s
setback ordinance is effective in controlling
• erosion from storm water runoff by filtering
runoff through pervious cover materials.
•
In conjuction with the applicant' s request to I
� dredge the shoreline to the natural lake bottom, i
� we have the following comments:
� l. Hennepin County normally considers blue clay
soil as representative of Lake Minnetonka' s
• actual bottom.
� 2. The soil types that were encountered in the
� soil borings (included in the application)
indicate that sedimentation and erosion has
� occurred. However, the time frame over which
this may have happened may include hundreds
� of years. To determine the rate of sedmen-
tation, extensive topographic data of the
� lake ' s bottom would need to be determined
� at different points in time. The volume
changes divided by the time frame theoretcially
� represent the rate of sedimentation. However,
factors such as lake bottom disturbances caused
� AY �ats can also be expected to impact th� results. (Continued)
•
` CONTINUED Ni�ETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 17
�
We feel that riprapping the existing shoreline DREDGING & RIPRAPPING
� will reduce the amount of erosion. Siltation North Star Marina
caused by dredging can be expected to have a
�egative impact on the lake, and it would appear
� that the only party benefiting from the proposed
dredging would be the marina.
• '
End of letter
• '
• The classification for Lake Minnetonka was LAKE MINNETONKA
tabled until further information is available. CLASSIFICATION
•
� Mayor Brad Van Nest sent the following letter WATER PATROL
to Senator George S. Pillsbury concerning the
• Hennepin County Water Patrol services:
�
Attached Pages 18 & 19
•
� Butler moved, Welsh seconded, to adopt Resolution
. #772, A Resolution Recognizing A State Of
Emergency In The Provision Of Law Enforcement
� Services On Lake Minnetonka And Declaring A
Moratorium Of The Expansion of Lake-Use Facilities
� In The City Of Orono For The Duration Of Such
Emergency. Motion, Ayes (3) - Nays (0) .
�
• RESOLUTION #772 RESOLUTION #772
Lake Minnetonka Emergenc�
� Attached Pages 20 & 21
� The Bid Award for the Front-End Loader for the BID AWARD
i Street Department was `tabled until the meeting Front-End Loader
of May 9, 1977 to allow staff sufficient time
� to determine if the bids, as submitted, for the
front-end loader meet all specifications.
•
Welsh moved, Mayor Van Nest seconded, to table
• the Bid Award for the Front-End Loader until
• the . meeting of May 9, 1977. Motion, Ayes (3) -
Nays (0) .
�
� Mayor Van Nest moved, Welsh seconded, to table HENNEPIN COUNTY
the Hennepin County Transportation System Study item TRANSPORATION STUDY
� until further information is available and
staff and Council have more time to study the
• report as submitted. Motion, Ayes (3) - Nays (0) .
�
� The City of Orono' s Spring Cleanup Day is scheduled SPRING CLEANUP DAY
�or Saturday, May 7, 1977 from 8:00 A. M. to May 7, 1977
:30 P.M. for Orono residents only. Items not
accepted are: Garbage, trees, brush, chemicals,
� and truckloads.
�
�
• Page 18
� Te}ephone 473-7357
� '
� �.:�1;'
��. �� � � � CITY of ORONO
� � ? ` Post Office Box 66•Crystal Bay, Minneaota 55323•Municipal Officee
� y��� , , __.
=='�s . `�'"�: On ihe North Shore of Lake Minnetonka
�,;.� •
�
• - • •
�
� April 25, 1977
�
� Senator George S. Pillsbury
� 1320 Bracketts Point Road �
Wayzata, Minnesota 55391
a
Dear George:
�
. At our meeting yesterday with the LMA, you asked two questions
which I felt were not adequately answered and I would like to
� respond to them with this letter.
� It is the opinion of our legal consul, confirmed by the legal
consul for the Lake Minnetonka Conservation District, that a
� city does not have jurisdiction over a lake that does not totally
. lie within its boundaries; therefore, the only two bodies that
have jurisdiction for regulatory authority over Lake Minnetonka
� would be the Hennepin County Board of Commissioners or the Lake
Minnetonka Conservation District. Either of these bodies may
� contract with any authorized law enforcement agency to provide
law enforcement regulations. The main difficulty with any of
� the fifteen municipalities accepting this jurisdiction by
contract would be a matter of funding. The City of Orono police
� � budget for 1977 is $247,000 , which amounts to approximately 30$
+ of the total budget. It would seem unlikely that Orono could
assume the burden of providing approximately $100,000 additional
� expense to �provide water patrol services without some source of
outside funding. None of the police departments that operate in
� the fifteen municipalities have any qualified personnel to perform
the water patrol police function nor is any equipment available.
� It has also been brought to our attention that substantial changes
• would be required in our insurance liability coverage, if the
water patrol functions were added to our police department.
� The second question pertains to the status of County funding for
� the 1977 water patrol functions within the County. The County
is authorized the expenditure of $50 , 000 to support this activity
• of which approximately $32, 000 will come from the Departsr►ent of
• Natural Resources as a distribution of the boat license fees, which
would leave the remaining $18,000 to come from County funds.
� According to the Flakne opinion, the County is precluded presently
� from expending any of the $18, 000 on Lake Minnetonka until such
time as the Legislature would enact your amendment to Chapter 378.
�
�
�
�
. Page 19
� .
Senator George S. Pillsbury � . .
• April 25, 1977 _ : . •
� Page 2 "
�
� Assuming that t�►is amendment is enacted and assuming that the
County Board of Commissioners would allow the $50,000 budget
• for 1977 to include Lake Minnetonka, the level of services that
• could be provided on Lake Minnetonka would consist of the following:
� 1. Approximately two boats to be manned by volunteers, only,
to be operated during the daylight hours of Saturdays• _and
� Sundays to perform the patrol function.
• 2. The only other service that could be provided within the
• budget would be response for a life and death emergency
on Lake Minnetonka. The response time for these emergencies
� would consist of a regular sheriff deputy coming by car
to the water patrol offices in Spring Park, manning one of
� the boats and responding to the accident site. Again,
this would only be response to a life and death situation
� and no patrol function during any on the weekday hours.
� I agree with your comment. that a cor_lplete overhaul of the legislation
� for the Lake Minnetonka Conservation District is needed, at this
time,and I hope that we can all work together to see that this is
� accomplished during the next year. The responsibility and funding
capability for all of the needed functions at Lake Minnetonka
� must be given clearly to one agency to administer, including lake -
improvement projects and water surface regulation and enforcement.
�
� Thank you for your cooperation in this matter.
� Y s truly,
�
� Brad Van Nest '
• Orono Mayor
� cc: Representative Robert L. Searles
• -
�
�
�
�
�
/
�
�
�
s� .
� - Page 20
�
�
� .
�
� . RESOLUTION � 772
� A RESOLUTION RECOGNIZING A STATE OF EMERGENCY
IN THE PROVISION OF LAW ENFORCEMENT SERVICES ON
� LAKE MINNETONKA AND DECLARING A MORATORIUM ON THE
• ' EXPANSION OF LAKE-USE FACILITIES IN THE CITY OF ORONO
FOR THE DURATION OF SUCH EMERGENCY
�
�
WHEREAS, Hennepin County has withdrawn support of
� the Sheriff' s Water Patrol on Lake Minnetonka, resulting in
• the loss of competent- law enforcement services for the coming
boating season, and
� WHEREAS, the Lake Minnetonka Conservation District
� does not have the statutory authority to fund patrol services,
and presently have no ability for contracting year-around
� police water patrol services on Lake Minnetonka, and
� WHEREAS, the Lake Minnetonka Conservation District
� has passed a resolution declaring that a state of emergency
presently exists wherein the public safety and welfare of
� users of Lake Minnetonka will be materially endangered, and
� WHEREAS, the introduction of additional boats onto
Lake Minnetonka through the extension of existing dock facilities,
� or, in general, through any expansion of lake-use facilities
would materially add to an already dangerous situation.
�
� NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Orono:
r .
1. That a moratoriura be and hereby is declared,
� effective immediately, in the City of Orono on the approval of
• any request for the extension of existing dock facilities, the
construction of new dock facilities, or other boat storage
� facilities, whether the same be located in the water or on dry
land of private, commercial, or municipal ownership_
�
2. That this moratorium shall continue until such
� time as a long term solution has been reached, providing the
funding necessary and resulting in the resumption of year-around
� water patrol law enforcement services on Lake Minnetonka.
�
�
� �
�
�
�
�
•
� ' � Page 21
• Resolution # 772
Page 2 • •
y .
.
� ' 3. That the City Administrator is hereby instructed
• to forward copies of this resolution to all communities in the
Lake Minnetonka area reguesting that they take appropriate
� steps to counteract this serious state of emergency. And
. further, that copies be forwarded to County and State
� representatives of the Lake Minnetonka area.
� Adopted by the City Council of the City of Orono, Minnesota at
• a regular meeting held April 25, 1977.
�
�
�
. William B. Van Nest, Mayor
�
� .
Attest:
� Walter R. Benson, Clerk-Administrator
� -
� '
�
� '
�
� .
�
�
�
�
�
�
�
r
�
�
�
i
r
.� CONTINUED MEETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 22
� Dick Benson, City Administrator, presented to the SUMMARY OF RECEIPTS
City Council a Summary of Receipts, Disbursements DISBURSEMENTS, BALANCES
� �nd Balances for Dsarch, 1977. March 1977
� �
. Dick Benson, City Administrator, presented to the GENERAL FUNDS STATUS
City Council a Summary of the General Funds
� Status report.
�
Dick Benson, City Administrator, presented to the YEAR TO DATE SUMMARY
� City Council a Year to Date Summary.
�
� Mayor Van Nest moved, Welsh seconded, to adopt RESOLUTION #773
Resolution #773, A Resolution To Close Out The Dunwoody Sewer Fund
� Dunwoody Sewer Construction Fund To The P.I.R.
Fund. Motion, Ayes (3) - Nays (0) .
•
� Welsh moved, Mayor Van Nest seconded, to adopt RESOLUTION #774
• Resolution #774, A Resolution Revoking Municipal Revoking MSA Highway
State Aid Highway. Motion, Ayes (3) - Nays (0) .
s
� Welsh moved, Butler seconded, to adopt Resolution RESOLUTION #775
#775, A Resolution Establishing Municipal State Establishing MSA Highway
� Aid Highways. Motion, Ayes (3) - Nays (0) .
�
� Mayor Van Nest moved, Welsh seconded, to adopt RESOLUTION #776
Resolution #776, A Resolution Approving Alternate Alternate #3
� #3 For Proposed County Road System In The North-
western Lake Minnetonka Area. Motion, Ayes (3) -
� Nays (0) .
�
� Butler moved, Welsh seconded, to employ Bob EMPLOYMENT
Edstrom as Assistant Manager for the Orono Golf Bob Edstrom
� Course at a salary of $2.50 per hour. Motion,
Ayes (3) - Nays (0) .
�
� Butler moved, Welsh seconded, to employ Sherry EMPLOYMENT
Sharpe at the Orono Golf Course at $2.50 per Sherry Sharpe
� hour. Motion, Ayes (3) - Nays (0) .
�
� Butler moved, Welsh seconded, that part-time PART-TIME EMPLOYMENT
help at the clubhouse at the Orono Golf Course Golf Course
� be employed at a rate of $2. 30 per hour.
Motion, Ayes (3) - Nays (0) .
•
�
�
�
�
r
• CONTINUED MEETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 23
� Mayor Van Nest moved, Welsh seconded, to submit JOINT TRAILS PLAN
the Joint Trails Plan to the Park Commission for
their review and recommendation. Motion, Ayes (3) -
Nays (0) .
� Mayor Van Nest moved, Welsh seconded, to instruct ROBB PROPERTY
� the City Administrator, Dick Benson, to continue
negotiating for the Robb property which consists
� of 15 acres located at Highway #12 and Old Crystal
Bay Road. Motion, Ayes (3) - Nays (0) .
� Mayor Van Nest moved, Welsh seconded, to transfer TRANSFER
� $10, 000 from the Liquor Store Fund to the General Liquor to General Fund
Fund. Motion, Ayes (3) - Nays (0) .
�
� Butler moved, Welsh seconded, to increase the SALARY INCREASE
salary of Mrs. Marlyn Roessel, part-time Marlyn Roessel
� secretary-receptionist to $3.00 per hour, effective
• May 9, 1977. Motion, Ayes (3) - Nays (0) .
! Notice is hereby given that the Orono City Council PUBLIC HEARING DATE
� will hold a public hearing in the City Council Ski Ordinance Amendmeni
Chambers on Monday, May 9, 1977 at 7:00 P.M.
concerning an amendment to the Orono Ski Ordinance
to provide additional language for inspection
purposes.
�
� Mr. Charles Schoen submitted the following UPLAND WATER STORAGE
letter for the record concerning Upland Water
Storage, dated April 25, 1977:
� Attached Page 24
�
� Mayor Van Nest moved, Welsh seconded, to instruct DRY BUILDABLE LOTS
the City Administrator, Dick Benson, to contact
� appraisers to estimate the value of the dry
buildable land per square foot in the French Lake
� area. Also, instructed the staff to get legal
• descriptions of all the property owners in that
area to determine if flowage easements would be
� appropriate for upland water storage. Motion,
Ayes (3) - Nays (0) .
�
� Mr. Bruce Malkerson, City Attorney, informed the MWCC RULES & REGULATIOr
City Council that he had �"signed letter to Mr.
� Richard Dougherty, Metropolitan Waste Control
� Commission, stating that:
� Attached Page 25
,� (Continued)
r
Page 24
� �
� � , , � -
Aprij 25, 1977 ' -
f � . .
` Dick Benson
Orono City Hall
� Dear Dick;
� I feel we are well on the way to creation of The French Lake Water
Stordge Basin, and I will be happy to hold a neighborhood familiarization
meeting at my house next month or June or July, any time convenient for
Mayor Van Ness to meet with the neighbors.
•
� I feel our first request should be to ask for outright title from each
property owner for his portion of the marsh to be flooded. To facilitate
this, we will need some legal form for them to sign indicating their
intention to donate a specific land piece. We must have a favorable
assessment on each piece, from Clenn Hawkyard, so at the time each
landowner can see a tax gain from his gift. Glenn could easily place
� a high value on each piece of land by projecting the value of the land
if French Lake were allowed to shrink and the wetland dry up, as might
happen soon when the sewer connection stops the water flow into French
� Lake. A dried up swamp would creat buildable land, and it being a 2
acre minimum homesite area, each piece of land should be valued as a
� buildable lot. We would also need a commitment from the City Council '
that each land gift accepted would be sold back to its donor for $ I.00
if the basin is later abandoned. If the original donor or his heirs
did not want to buy back, it would then be offered to the other
�and donors to keep the neighborhood as at was, and not open to development.
� As a fall-back position, we should ask for outright gift of the land
� nd haae a Council corrmitment to sell it back for $].00 five years later,
with the City retaining water storage rights.
•
• In both cases, the Council would prohibit public use of or access to the
water, except by adjoining property owners-donors. Also, mosquito control
� measures not harmful to the wildlife would be employed.
� Finally, we would need a good, large map showing the probable maximum
and minimum size of the basin, and how the weir will be protected from
vandalism or pranksters.
•
� Sincerel�c,
i ,���'%��
C '
Charles J. Schoen
�
•
�
�
� Page 25
POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD.
• WAYNEG.POPMAM 4344 IDS CCNTER
RAVMOND A.NAIK
� ROGER W. SCMNOBRICH M i N N EAPOLI8, M N 58402 �
DENVEi7 KAUFMAN 612-338-9331
DAVID 5.DOTY April 25, 1977
ROBERT A.MINISH �� -
ROIFE A.WORDEN % �-
G.MARC WHITEHEAD �
BRVCE D.WILLIS
FREDERIGK S.RICHARDS '
i70NAL0 C.ELMOUIST
• G.ROBERTJOHNSON
GARY R.MACOMBER
FREDERICK C.BROWN
• BRUCE D.MALKERSON .
JAMES R.STEILEN
JAMES B.LOCKHART
ALLEN W. HINDERAKER
CIIFFORD M.GREENE
D.WILLIAM KAUFMAN
•
� Mr. Richard Dougherty
Chief Administrator
Metropolitan Waste Control Commission
350 Metro Square Building
St. Paul, Minnesota 55101
Dear Dick:
� This will confirm my discussion with you of April 22, 1977,
during which I noted to you that I could find no statutory
requirement that the City of Orono adopt the sewage and waste
control rules and regulations for the Metropolitan Disposal
System, promulgated by the Metropolitan Sewer Board on
December 1, 1971. I noted to you that as far as I knew,
the City of Orono had no objection to adopting those rules
and regulations, it is just that I, as attorney, would like
to know what authority the MWCC allegedly has to require
� such adoption. Moreover, as I noted to you, I would appre-
ciate receiving from you, if you have them, copies of ordi-
nances from other municipalities, which ordinances adopted
these rules and regulations. You noted to me that you would
� check your records to see if you could find any statutory
authority and you agreed with me that you doubted there was
such authority and that if you had copies of such ordinances,
� � you would submit them to me next week.
Very truly yours,
� Bruce D. Malkerson
� BDri:s s
7
cc: Mr. Walter R. Benson
�
CONTINUED MEETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 26
Mr. Bruce Malkerson continued by informing the MWCC - RULES & REGULATIO
City Council that he has determined that there (Continued)
�.s no statutory requirement for the City of
�rono to adopt the sewage and waste control
rules and regulations for the Metropolitan
disposal system.
Dick Benson, City Administrator, informed the BUILDING & ZONING
City Council that the work load of the Building Reorganization
& Zoning Department has reached a point that
responsibilities have to be reviewed. Mr. Henry
Muhich, Building & Zoning Administrator, who
normally attends both Planning Commission and
� Council meetings will be responsible to the City
Council and available to attend other agency
meetings. Mr. Alan Olson, Assistant Building &
Zoning Administrator, will be responsible to the
Planning Commission, attending all their meetings
and reporting directly to P3r. Henry Muhich. Mr.
Olson will also be responsible for all the Plan�ing
Commission Minutes and making sure that there is
proper continuity between he and Mr. Muhich and
reporting to the City Administrator. The City
will be reviewing applications for a building
and outside disposal system inspector, as soon
as possible. This change will take effect
Niay 16, 1977.
Butler moved, Welsh seconded, to direct staff KENNEL ORDINANCE
to enforce the existing dog kennel ordinance
and not to consider amending the ordinance
at this time. Motion, Ayes (3) - Nays (0) .
�
Mayor Van Nest announced that staff will meet SUBDIVISION ORDINANCE
at 1: 00 P.M. , Monday, May 2, 1977, to review
the subdivision ordinance.
Mr. Bruce Malkerson, City Attorney, informed LIQUOR STORE LEASE
the City Council that the liquor store lease
has been reviewed and amended and will be
submitted within the next week.
Butler moved, Welsh seconded, that the following LICENSES
w licenses, be approved: Motion, Ayes (3) - Nays (0) .
Bob's Plumbing - Plumber & Sewer Hookup
Don Stodola Well Drilling Company - Well Driller
Hieman Plumbing & Heating - Plumber
�
�
«
CONTINUED MEETING OF THE ORONO COUNCIL APRIL 27, 1977 Page 27
, Mayor Van Nest moved, Welsh seconded, that the BILLS
Al1 Funds Accounts 5155 through 5239, 19517
hrough 19536 and Liquor Store Accounts
1874 through 11907, be paid. Motion, Ayes (3) -
Nays (0) .
Butler moved, Welsh seconded, that the meeting ADJOURNMENT
be adjourned at 11: 45 P.M. Motion, Ayes (3) -
Nays (0) .
, � . ,
illiam B. Van Nest, Mayor
� y
Attest: r� �
Walter R Benson, Clerk-Administrator
�
�