HomeMy WebLinkAbout05-09-1977 Council Minutes � •
• � � � CITY OF ORONO
�
Regular Meeting of the Orono Council, 7: 00 P.P4o
• May 9 , 1977
yThe Orono Council met on the above date with
� the following members present: Mayor Van Nest,
Councilmembers Butler, Massengale, Paurus, and
r Welsh. Also present: City Administrator Benson,
�uildinc� & Zoninq. Administrator Muhichy - .
• City Attorney Malkerson, and City Engineer F•rank.
•
� Butler moved, `9elsh seconded, that the Minutes of MINUTES
the Regular Meeting of April 25, 1977, be approved April 25, 1977
� as amended. P�Iotion, Ayes (5) - Nays (0) .
•
Butler moved, Welsh seconded, that the Piinutes of MINUTES
�' the Council Work Session of April 9, 1977, be April 9 , 1977
� approved. Motion, Ayes (5) - Nays (0) .
• Mayor Van Nest announced that this was the time PUBLIC HEARING
� and the place for a public hearing concerning an Ski Ordinance
amendment to the Orono Ski Ordinance to provide
� additional language for inspection purposes.
� City Administrator Benson presented the Public
Hearing Notice, the Affidavit of Publication, and
the Certificate of Mailing. No comments were made
�by the public present.
�
Councilmember Butler recommended that the language
• "rec�uired" be inserted rather than "up to date"
under 69A. 040 License Fee and Term.
•
• Bruce Malkerson, City Attorney, informed the City _
Council of Alan Olson' s letter from Turnbull &
� Plummber, Inc. dated P1ay 5, 1977 which states: -
� My apologies for the delay in answering your letter
of April 4, 1977, relative to the safety inspection
� for the Ski Tonka Ski Area.
� My responsibilities as an engineer with the NSAA
S Insurance Program and my anticipated work load for
the coming year will prevent me from doing the
� inspection as you requested. All my efforts in
the rdid-West area will be directed to those areas
� that are in the NSAA Insurance Program.
� D. Lester Turnbull, P.E.
� End of letter
� Alan Olson, Assistant Building & Zoning Administrator,
` informed the City Council of his telephone conversation
with Mr. Lester Turnbull, Great Falls, Montana regard-
� ing the Ski Tonka Inspection, as follows:
(Continued)
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• RECULAR�MEETING OF THE ORONO COUNCIL MAY 9, 1977 Page 2
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� Mr. Turnbull is retained by the NSAA insurance group t.o do irupections of ski tows
and lifts per the ANSI code at ski areas who wish to be irLsured umder the NSAA
� policy. T�AA d�es not certi£y inspectors. Mr. Turnbull is reluctant to do any
� i.nspections under the NSAA banner unless he is retained by that group to do so.
He does do indepc�-ident inspections, however. He is certified by the U.S. Forest �
� Service and smre states to do ski area inspectio�ns. T�Sost western states, plus
-WiscorLsin (and Michigan?), have state ski area safety codes. Minnesota has no
• such code.
� Presently, he inspects the follawing areas in the inunediate Zl�in City area for
� T1SAA: Wild T�Sountain, Snaw Crest, Aftan Alps and Mt. Frontenac. He previously
inspected Buc�c Hill and Powder Ridge, but they have dropped out of the NSAA
� program. Inspections have norrnally been done between November 15 and Febru�ary 1
each season. He 3�aas of no other regulations for ski area safety beyand the
• AT�SI code pertaining to the mechanical equigment only.
� 4-18-77 Local Ski Areas':
� Hyland Hills - Bloomington; operated by the Hermepin County Park -
� Reserve without city regulation.
• Cedar Hills - Eden Prairie; private, no city regulatioEn.
� Buck Hill - Burnsville; private, no license or city regulation of ski
! equipmen or slopes.
* Neill A�ountain - Burnsville; operated by the city with city niles
(no insurance . Operates two side-by-side rape taws with one operator
�' at the top, one at the bottan, plus one aperator at a central inside
� control station with view of entire tow and a master stop switch.
Area caters to children and teens.
� Cit of C stal park depai�inent; operated by city rules, Has three
-� tows, ea wi -�e operator. Also has- ane manager and one ski-patrol—"
at all times.
• . .
NSAA insured ski areas operating imder ANSI standards and with NSAA
� annual inspectiorLs: Wild Maimtain, Taylor's Falls, rin.
� now rest, rset, Wisc.
ta� s, Afton, Mn.
� rontenac, Frontenac, Mn.
�us many o ers farther out-state)
•
� Mr. Brent Primus commented that he felt that the
ordinance amendment was to stringent.
• �
After all persons present were afforded an
� opportunity to be heard, the public hearing
was closed at 7: 10 P.M.
�
(Continued)
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• RE�ULAR` MEETING OF THE ORONO COUNCIL MAY 9 , 1977 Page 3
� Paurus moved, Butler seconded, to defer action PUBLIC HEARING
until staff has adequate time for review and Ski Ordinance
� recommendation; also, to submit a letter to P4r. (Continued)
Primus requesting his comments for Council
� consideration at a later date. Motion, Ayes (5) -
• Nays (0) .
• No comments from the Park Commission. PARK COMMISSION
r
No comments from the Human Rights Commission. HUMAN RIGHTS COMMISSION
�
No comments from the Planning Commission. PLANNING COMMISSION
�
� Lake Minnetonka Conservation District representa- Lr4CD DOCK MORATORIUM
� tive Norman Paurus commented that the LA4CD has
a moratorium on all dock permits, excluding
• residential docks.
•
• Mayor Van Nest reviewed all Commission and staff IVY LANE PETITION
recommendations regarding the Ivy Lane Petition
� as follows:
� Planning Commission Minutes of October 18, 1976
� A public hearing was held on petition for lake
• access use of Ivy Lane. Many area residents
were on hand in favor of authorized lake access.
� One adjacent neighbor opposed developed usage.
Comments made that realtors have advised many
� residents that they had legal use of the access.
Planning Commission members were sympathetic--
� to the local request, but stressed that:
• l. ' Public" use would have to be open_ to all,
� not limited to local residents.
2. Ivy Lane is a legal street easement, not
� public property dedicated for other usage.
3. The physical size and s lope of the property
� makes development and policing difficult or
impossible.
� 4. The City would assume liability if development
was allowed and then not adequately regulated
� or policed.
� 5. Similar requests from other areas of the City
have been refused due to similar problems.
� 6. There is currently a proposal before the City
to develop a larger property on the east end
� of the lake to serve the northern City residents.
� Therefore, the Planning Commission unanimously
• recommended denial of the petition for development
of a swimming or docking access on ivy Lane and
� instead recommended posting the area for fire
department access only. (Continued)
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• REGjULAR `MEETING OF THE ORONO COUNCIL MAY 9 , 1977 Page 4
� Park Commission DZinutes - November 16 , 1976 IVY LANE PETITION
(Continued)
�Kallestad moved, Peasley seconded, to agree
with the Planning Commission recommendation
� to deny the continued use of this area. We
• recommend that no permanent structures be
allowed and that use of the area be discoura�ed.
� It is difficult to maintain and to police.
Motion, Ayes (5) - Nays (0) .
•
John Gerhardson, Public Works Supervisor -
• April 20 , 1977
� On Wednesday, iday 13, 1977, Mr. Gregg Frank, of
• McCombs-Knutson Engineering; Mr. Hank Muhich,
Zoning Administrator and myself, inspected the
� Ivy Lane access off Long Lake Boulevard.
� My recommendation would be not to use Ivy Lane
as a public swimming beach for the following
• reasons: The cost for making a safe pedestrian
� entrance to the lake from Long Lake Boulevard
would be beyond our budget now and in future,
� maintenance would be very costly. Because of
the width of the access, and according to our
� dock ordinance, the ten (10) foot setback
from both property lines would only leave us
�' five (5) feet to install a swimming dock.
� From past experience, a public swimming beach
on a narrow strip is nothing but inconvenience
� to the adjoining property owners and generates
numerous; complaints every year.
•
Letter- from- Greg-Frank-;--City Engineer - April 21, _1977
�
As requested, we have reviewed the feasibility of -. .
• providing a public access -to Lake Minnetonka from
A Ivy Lane.
� The steep slopes on ivy Lane restrict access.
Several wood steps have been placed into the
� soil making access possible, but the steps cannot
be considered as permanent. In fact, it appears
� that at one time there were more steps and these
may have sub�equently disappeared as a result of
� drainage flowing down this area.
� In order to provide a satisfactory access, Orono .
� would need to comply with OSHA regulations
regarding steps, landings, inclines, railings, etc.
� The project may become rather complicated, but
will be necessary to make this a safe access.
� Some tree removal can be expected. (Continued)
� End of letter
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` RE�ULAR' MEETING OF THE ORONO COUNCIL, MAY 9, 1977 Page 5
� Dick Benson, City Administrator' s memo, dated IVY LANE PETITION
April 21, 1977 states:
(Continued)
� In view of the petition submitted by the Ivy
� Lane residents, and subsequent Planning and
• Park Commissions and staff review of the uses
of the particular access, I recommend Council
� denial of the petition to develop a recreation
area and allow the area to remain as an emergency
� access for fire department uses only and to post
it as such. The lane in question is not conducive
w to supporting pexmanent structures for a total
recreational area.
•
� End of inemo
� Melvin Kilbo, Chief of Police' s memo, dated
May 3, 1977, states:
!
I have reviewed the site and have read the
• minutes of the Orono Council of March 28, 1977.
• If this area were to be designated a public
beach, I can see several areas of concern to
� public safety. The first is parking--street
parking is the only parking available. Second,
� the traffic that could be generated on a dead-end,
narrow street would soon create problems. Third,
the accessibility of the lot as it relates to
• enforcement. An officer would have to dismount
from his vehicle and go down the bank before he
� could see the beach area. It appears to be about
a thirty-foot drop from the roadway to the lake
� edge. In a med-ical emergency or enforecment of
a loud par�y; this-�drop -coulzi cau�e-.�leiays in
� response. Fourth, the small 7'ot size of 25 feet �
will undoubtly create more neighborhood disputes . ._
• because of -excessive noise and--late hours.
� Briefly, changing to a public beach would create
� a public safety problem where none exists now.
� End of inemo
� Mayor Van Nest moved, Butler seconded, to instruct
staff to prepare a resolution restricting the
� use of Ivy Lane because of terrain and lane size.
� l. There shall be no temporary or permanent structures
� allowed, including docks and rafts.
2. Staff shall remove all present structures and
� restore area to its natural state.
3. Request neighborhood property owners to resolve
• their differences.
• 4. Agenda for the last Council meeting in October
for review or at an earlier date if neighborhood
� differences occur.
5. Not address the access issue at this time. (Continued)
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�� REGtJLAR �i�IEETING OF THE ORONO COUNCIL MAY 9, 1977 Page 6
�
Mr. James Lane, attorney representing Mr. P�iurlowski, IVY LANE PETITION
� stated:
(Continued)
�l. City Council has other recommendations to
� close the access.
2. Access is located on private property owned
� by Mr. Lyman.
3. The City has legal liability.
•
. Mr. Lane continued by commenting that the City
should close the access to be used for fire uses
� only and adopt the Planning and Park Comrlissions
recorunendations. .
�
Mr. Lane asked who will maintain the access.
•
Mayor Van Nest commented that this will be the
� property owners responsibility.
� Mr. Lane: Will the City indemnify Mr. Murlowski?
•
Mayor Van Nest: No. Our City insurance carrier
� will be notified of this action.
� Mr. Lyman commented that he has lived there 20 years
• and has not had a problem until this year. Mr.
Lyman requested the City Council to act on the
� petition and not skirt the issue.
� Mayor Van Nest replied that it seemed reasonable
to allow a period of time to attempt to work out
� the problems and the City will review the matter
in October.
•
• No further comments. - ,
� Motion,- Ayes (5) - Nays (0) ._
�
Henry Muhich, Building & Zoning Administrator, VARIANCE
• read into the record the following information 1865 Shadywood Road
regarding the variance request of �aarren Ortenblad, #238
� 1865 Shadywood Road, dated April 11, 1977: Warren Ortenblad
� I have reviewed the special assessment status of
� the subject lot, Tract E (Plat 43101, Parcel 7500)
and the adjoining substandard lot (Plat 41317,
� Parcel 0810) . The lots were assessed as follows
on Page 7:
�
� (Continued)
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. REGULAR MEETING OF THE ORONO COUNCIL MAY 9, 1977 Page 7
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Sub'ect Lot Tract E, Plat 43101, Parcel 7500 VARIANCE
1865 Shadywood Road
� Levy �3302 - Sewer Interceptor (Continued)
� Original AssessTr�ent ($110 per ac�e) .
� $56.10 - Paid October 27, 1966 �
� Levy �3307 - SeS,�er Lateral �
� Original Assessr�nt - 90 ft. @ �8/ft.
�720.00 - Paid October 27, 1966
� ,
� No Unit Assess�nt
� I,evy �5383 - Residential 15'ater
� Original �lssessm�nt - Lateral: 90 ft. @ $5.80/ft. _ $522.00
i �t: @ �sgo/��t = �5so.00
• Total = $1102.00
� Faid to Date - 6 payr�nts of $73.47 = $440.82
� Balance after 1977 tax is paid = �661.18
� Adjacent Substandard Lot, Plat 41317, Parcel 0810
� Levy B�302 - S�aer Interceptor
� Original Assessrr�nt ($110 per acre)
� $31.90 - Paid October 27, 1966
� Levy �s307 - Sewer Lateral
• (}r_g�_r.al .A�scssnent - 115 ft. @ �8/ t�, ,
• $920_ -_Paid_October_27,_1966_ _ _
� Letiy €3299 - Se�,er Unit
� Original AssessmVnt ($225 per unit)
$225 - Paid October 27, 1966
•
Levy �5�83 - Residential Water 1�.ain
�
� Original Assessment: Lateral - 93.44 ft. @ $5.80 per ft. _ � 541.95
1 Lhut @ �580 per tmit = 5R0.00
� . Total = $1121.95
� Paid to Date - 6 payr,,ents of $74.80 = $448.80
Balance after 1977 tax is paid = $673.15
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� Council Meeting - April 11, 1977
� Tabled at request of applicant' s representative,
� Dick Freeborn. (Continued)
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• RE�ULAR' 2�IEETING OF THE ORONO COUPICIL MAY 9, 1977 Page 8
� Council Meeting - April 25, 1977 VARIANCE
1865 Shadywood Road
� Denied - Directed staff to prepare resolution. (Continued)
Also requested review of tax status of properties
� (individual parcels or combined - homestead or not) .
� Council Pdeeting - May 9, 1977
� Mr. Gary Phleger, representing Mr. Bangs , owner
� of D. J. Corporation, asked why a denial was
shown on the Council agenda.
•
Mayor Van Nest corrected the record by stating
� that the denial was recommended by the Planning
. Commission.
,r tdr. Phleger continued by stating that the owner
was led to believe that the lot in question was
� buildable by the fact that it was assessed and
that at the date of the new code (December, 1974) ,
• the property was in single ownership. Mr. Phleger
• presented a contract for deed dated November 1969 ,
showing that the lot was in single separate owner-
� ship.
� Mr. Phleger was informed that in 1967, the City
determination that any substandard lot not in
� single separate ownership would be declared as -
unbuildable. Standard procedures have been
� that when sewer or water is assessed, it is on
� an area front footage and unit or connection
charge to be paid when permit is applied for.
� In this particular- �ase, an error was made and
a water unit charge was assessed to the lot in
� question�.
• Mayor Van Nest moved, Welsh seconded, to direct -
+ staff to prepare a resolution to deny based upon
applicant not documenting hardship, improper
� width and square footage (size) . Tract E owned
by D. J. Corporation, purchased in 1968 in common
+ ownership and sold in 1969, as per Planning
Commission minutes and abating the water unit
� charge because of engineering error. Motion,
Ayes (5) - Nays (0) .
�
� Henry P�iuhich, Building & Zoning Administrator, RIPRAP & SEAWAI,L
� read into the record the request for the Walter' s Walter' s Port
Port Improvement & Maintenance Assoc. regarding #245 �
� Walter' s Port Lagoon the following:
• Council Meeting - April 27, 1977
� Several members of Walter' s Port Association in
� attendance. They all did not agree with proposal
as submitted. Council tabled. Requested applicants
� (Continued)
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REGULAR PdEETING OF THE ORONO COUNCIL MAY 9 , 1977 Page 9
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submit a proposal agreeable to all members of RIPRAP & SEAWLL
� Association. Agreement to be in writing. Proposal Walter' s Port
will come before Council for consideration again (Continued)
�hen revised plan and statement of agreement are
� submitted.
• Council Meeting - May 9, 1977
Rudy Fiartman stated that proposal has the least
* impact on the area, does not require a variance,
• will not affect wetlands, and seven out of nine
property owners favor project. The seven pro�erty
� owners have ageeed to pay for the project. Mr.
Scotty Ellis objected to the proposal stating
� that the west wall should not be built with sheeting
and that the tie backs will destruct the marsh.
� Mr. Hartman stated that the tie backs will be
• constructed on public property and will be installed
in the marsh where they were originally installed
� in 1962. Mr. Ellis commented that the west wall
should be composed of a filter blanket and the
� natural dike should not be removed, as it is
effective at this time.
� Massengale moved, Paurus seconded, to direct staff
� to:
� 1. Review the status of the west wall and its impact
on wetlands and public property.
� 2. To grant a permit for maintenance dredging as
provided for in Plan C, excluding the west wall,
� acknowledging that riparian land owners are being
denied access to the lake and in accordance with
• Minnehaha Creek Watershed District standards and
• regulations�_ The applicant will take precautionary_
measures to prevent siltation to the__lake. _
� Motion, Ayes (5) - Nays (0) .
�
Henry Muhich, Building -& Zoning Administrator, SUBDIVISION
� read into the record the following request of 2675 Shadywood Road
Richard Brenstedt, 2675 Shadywood Road, for a #246
� subdivision: Richard Brenstedt
� Request for subdivision of parcel exceeding two
� acres in area into two lots. Each lot would
exceed the minimum one acre requirement.
•
The existing dwelling meets all setback require-
� ments and any new dwelling proposed for the new
. site could be located to meet all setback require-
ments. As access easement is shown on the plan,
� however, he has not as yet submitted topo or
drainage plans. A public hearing should be
� scheduled for May 2, 1977.
� .�e should determine what conditions, if any, .
we should list on the resolution of approval.
• If approved, a park dedication fee of $2 , 000
• would be �orthcoming ($1, 000 for each lot) . (Continued)
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` RE�ULAR' MEETING OF THE ORONO COUNCIL MAY 9 , 1977 Page 10
� The existing boathouse does not conform to our SUBDIVISION
shoreline hardcover restrictions. We might 2675 Shadywood Road
� consider removal or replacement with conforming (Continued)
pipe and canvass enclosure.
�
. Copies of the proposal have been forwarded to
the Hennepin County Public Works Department,
� MCWD, LMCD, DNR, Police Department, City Public
Works Department and City Finance Department,
� City Engineer and City Attorney for comments.
� Another interesting development regarding this
property_ was just brought to my attention on
� March 25, 1977. I received a copy of the MLS
� listing sheet advertising one of the proposed
parcels as marketable property. The MLS sheet
� indicates the separate parcel has been sold on
March 14, 1977. I called Don Streeter, the
� realtor, regarding this sale and explained to
him the status of the property. I wanted to make
• sure he was aware of the fact that the split had
• not yet been approved. I also warned him that
the Planning Corunission and Council often add
� conditions to proposals such as those which
sometime limit development to comply with our
� ordinances. I am enclosing a copy of the MLS
sheet confirming sale of the property.
�
Planning Commission P�eeting - April 4, 1977
�
! A public hearing is scheduled for May 2, 1977
at 7 : 30 p.M.
� Staff -r Aprii 2D, . 1977
_�
Enclosed is a letter from_ County Engineer with
• recommendations --for additional �asements, right
• of way approval, and drainage plans. I am also
enclosing a copy of report from our City Engineer.
� Planning Commission Meeting - May 2 , 1977
•
Mr. Brenstedt was present. Planning Commission
� recommended approval of preliminary plat as
proposal meets all zoning requirements. Instructed
� applicant to indicate access and utility easement
. on plat. Park dedication fee would be forthcoming.
� Council Meeting - Diay 9, 1977
� Mr. Warren Anderson addressed the Council stating
his concerns relating to a private easement on
• the property. Mayor Van Nest stated that the City
was not responsible for negotiating private easements
� and that this was not a public concern.
� (Continued)
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• RE�ULAR' MEETING OF THE ORONO COUNCIL MAY 9 , 1977 Page 11
� Butler moved, Welsh seconded, to approve the SUBDIVISION
subdivision request of �ir. Richard Brenstedt, 2675 Shadywood Road
� 2675 Shadywood Road, per the Planning Commission (Continued)
minutes and subject to:
�
• l. Park dedication fees being paid.
2. Title opinion to the City.
� Motion, Ayes (5) - Nays (0) .
�
� Henry Muhich, Building & Zoning Administrator, VARIANCE
read into the record the following request of 2100 Webber Hills Road
� Redfield Homes, 2100 �Vebber Hills Road, for #251
� a lot area and width variance, dated April 12, 1977: Redfield Homes
� A request for lot area and width variance for
substandard lot in �aebber Hills addition. This
� district is zoned two acres (87,120 sq, ft. )
with a 200 ' lot width requirement. No sewer
� available. This lot is 45, 292 sq. ft. in area
. and 159 ' wide at proposed location of dwelling.
The proposed location would, however, meet all
� setback requirements (50 ' - 30' - 30' ) .
� Webber Hills Addition is a recently approved
plat. The lots on either side of this subject
� lot contain homes, so there is no other additional
land available.
�
. Planning Commission Meeting - May 2 , 1977
� Mr. Carpenter of Redfield Homes -was present. -
__ Mrs:-Lynch;-:2090 Webber Hi11s Road,.. neighbor -
� to the east, was in attendance- in r�sp�ns� -
to notices sent out. _
_�
• Planning Comr:iission recommended approval subject
to no setback variances and payment of a park
� dedication fee.
� Justification: Previously approved subdivision
and no additional land available for expansion.
�
Butler moved, Welsh seconded, to approve the
� variance request of Redfield Homes, 2100 ��ebber
. Hills Road, per the Planning Commission minutes
of P�iay 2, 1977, and subject to title opinion to
� the City. Motion, Ayes (5) - Nays (0) .
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� REGULA.R MEETING OF THE ORONO COUNCIL MAY 9 , 1977 Page 12
� Henry Muhich, Building & Zoning Administrator, • VARIANCE
read into the record the following request of 2605 Lydiard Circle
�Ken Roelofs, 2605 Lydiard Circle, for a lot #252
, area and width variance, dated April 12, 1977 : Ken Roelofs
• This is a one acre (43, 560 sq. ft. ) zoning
district with a lot width requirement of 140' .
� This lot is 99' wide at the proposed location
of the house and is approximately 18,000 sq. ft.
� in area. The variances required here would be
approximately 25, 500 sq. ft. for the area and
� 41' for width.
� This lot is located on the recently approved
Apple Hill subdivision. The lots on either
� side of this lot are already built upon.
• There is no additional adjacent land available .
for expansion. This area is sewered.
� Planning Commission Meeting - May 2, 1977
� Approved variance subject to no setback variance �
and payment of park dedication fee. .
� Justifications:
� l. The lot is part of an approved plat at the
• time district was zoned one-half acre.
2. No additional land available.
� 3. Area is sewered.
• Council Meeting - May 9 , 1977
Butler moved, Welsh seconded, to approve the
� request for a �variance for Ken Roelofs, 2605
� Lydiard Circle., _ �er �he Planning Commission -
minutes _of May:2., 1977_ and- fil:ling-sub3ect to
� the Building & Zoning Administrator' s approval.-= � _
Motion, Ayes (5) - Nays _(0) .
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• REGULAR 'i�IEETING OF THE ORONO COiJNCIL MAY 9 , 19 77 Page 13
� Butler moved, Massengale seconded, to table the 1977 MARINA LICENSES
�_477 Marina Licenses until the meeting of rsay 23,
� 1977, when additional information will be avail-
able. Motion, Ayes (5) - Nays (0) .
�
� Henry Muhich, Building & Zoning Administrator, NORTH SHORE DRIVE
� read into the record the following memo from MARINA
A. P. Olson, Assistant Building & Zoning
� Administrator concerning the North Shore
Drive Marina, dated May 3, 1977 :
�
There seems to have been some misunderstanding
� about my conversation with D�r. Hork when he
• delivered his 1977 Marina License application
to the office on February 4, 1977. He gave me
� the license application and information, and
he then showed me a picture of some boat
� storage racks. He said he was considering
the possibility of similar racks at the marina.
� He asked me if I thought they would be acceptable.
I asked if the racks were to be a part of his
� marina application and he said no, the license
• application was to be unchanged from 1976. I
told him that if he changed his mind, to bring
� in more information about the racks such as
location, size, etc. , when he had that information
�available. He said he would if he decided to
proceed. Because Mr. Hork seemd so tentative
� about the actual possibility, neither he nor
• I discussed permits or code rec�uirements
involving the storage racks. My complete under-
� standing as of that day was that the subject
was -rlormant until such-time as Mr. Hork-should - -
� want to pursue the matter further.� -
r Dick Benson, City Administrator, _read into the _
record the following petition, which was reviewed
r by the City, 1: 00 P.M. , May 9, 1977:
� To The Orono Council:
� It is with great concern and disappointment
� that we residents of the Maxwell Bay area have •
learned of renewed attempts at expansion of the
� marina activity on Maxwell Bay.
� A petition has been circulated in this area, which
� includes Bohn' s Point, North Shore Drive and
Tonkawa Road. All those who were contacted were
� very much against a� marina growth and desired
Council action to "clean it up" . While soliciting
� this petition, comments were heard such as:
A "It' s disgusting"
. "We don't want a quiet waters thing, just clean
up that mess. "
� "lots of good luck, let us know what happens.
1 �� (Continued)
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�
• REG�LAR 'MEETING OF THE ORONO COUNCIL MAY 9, 1977 Page 14
• "The launching sites should be closed, or else NORTH SHORE DRIVE
they should contribute to the upkeep of the lake. " MARINA �
� "It' s no longer safe, there are too many boats (Continued)
around here now. "
�
• These types of comments go on and on. I have
informed those people that I have talked with
� that we have a very good Council, who are
concerned and need public support. I have also
� urged them to attend meeting�.
� The Maxwell Bay Marina is again a continuing
nuisance; lumber floating, cut off pilings,
� cans, miscellarieous refuse, noise from a klaxon
• horn, motors running and loud music. All these
are things myself and neighbors are not going
� to put up with. This was a beautiful area before,
and we intend to see that it is returned to
� that condition.
� Herman J. Renner
• 3180 North Shore Drive
• PETITION
� To The Orono City Council:
�We, the undersigned Orono residents, do hereby
request the Orono Council to not allow any
� further expansion of the Ma�aell Bay Dsarina or
• any of the other marinas located on Maxwe�l Bay.
We further request that the existing dockages be
� reduced to the agreed_upon iength promised in the
past by the -Counc�� a
�
Mr. & Mrs. H.J, Renner - 3180 North Shore Dri=�e
� Mr. ==& Mrs. D. Bohn - 3186 North -Shore Drive -
• Mr. & P4rs. D. Krider - 3186 North Shore Drive
Barbara J. Courtney - 3210 North Shore Drive
• t�Zr. & Mrs. M.O. Christianson - 3182 North Shore Drive
Karen Brodersen - 3060 North Shore Drive
� Mr. & Mrs. Herbert A. Willis - 3048 North Shore Drive
Mr. & Mrs. J.J. Anthony - 3115 North Shore Drive
� James Ross - 3017 North Shore Drive
Mr. & Mrs. George Grooms - 3065 North Shore Drive
� Diane Hoff - 3135 North Shore Drive
• Carol Becker - 3145 North Shore Drive
Jason Becker - 3145 North Shore Drive
� Darrell K. Stewart - 3185 North Shore Drive
William Lauer - 1430 Bohn' s Poin� Road
� L. E. Dolan - 1418 Bohn' s Point Road
C. B. Solomonson - 1450 Bohn' s Point Road
� Mrs. K. Harter - 3120 North Shore Drive (Continued)
� .
�
�
`
• REGULAR' MEETING OF THE ORONO COUNCIL MAY 9, 1977 / Page 15
� W. T. Miller - 3017 North Shore Drive NORTH SHORE DRIVE
Robert & Joyce Horst - 3260 Bohn's Point Lane MARINA�
� Mary & Terry Morrison- 3225 Bohn' s Point Road (Continued)
Doug & Kathy Y.irchner - 1520 Bohn' s Point Road
• Philip & Ann Anies .- 1535 Bohn' s Point Road
� Dr. & birs. David Dunlap - 1595 Bohn' s Point Road
Roger Swanstrom - 1580 Bohn' s Point Road
� Virginia Spangle - 1720 Bohn's Point Road
Eleanor Campagna - 1725 Bohn' s Point Road
� Ralph Campagna - 1725 Bohn' s Point Road
Joyce Blegen - 1645 Bohn' s Point Road
� Donald Trowbridge - 1625 Bohn' s Point Road
Madge Weidling - 3250 North Shore Drive
� Donald Stafuffer - 3286 North Shore Drive
+ N. V. Carlson - 3262 North Shore Drive
Mrs. Earl Kane - 3332 North Shore Drive
� Lillian Bonander - 3200 North Shore Drive
Mr. & Mrs. T. Denny Sanford - 1665 Bohn' s Point Road
� Mrs. Robert Gasch - 1030 Tonkawa Road
Mrs. Harry R. Larson - 1040 Tonkawa Road
� r1rs. Wilfred Perper - 1200 Tonkawa Road
• Mrs. Thomas A. Ryan - 1060 Tonkawa Road
Dr. & Mrs. Twidwell - 1160 Tonkawa Road
� Mr. & Mrs. H. C. Keen - 1140 Tonkawa Road
Mr. & Mrs. D. Bruce Thorsen - 1120 Tonkawa Road
� Mr. & Mrs. Stuart L. Burniece - 1220 Tonkawa Road
� Mr. Larry Hork, represented by Mr. Bruce Douglas,
asked what the issue appeared to be. Councilman
� Welsh replied, the issue is to cleanup the area.
� Bruce Douglas: We want to increase land storage
� and reduce lake dockage. My client has four
thoughts in inind: _ - _
�
1, Insta�l rocks_ .anto hill below stre�t level.
� 2. Expand- iand storage--
. 3. Cleanup area:
4. Decrease dock usage
� We do not anticipate storing over 140 boats.
•
Mayor Van Nest asked what the total inventory
� of boats for North Shore Marina was.
� Larry Hork r�plied: 100 for service, 40 for
• sale, or an ultimate number of 160 , including
winter and summer storage.
Mayor Ban Nest asked the applicants if a one to
� one exchange for wet to dry slips would be
acceptable.
� Bruce Douglas replied that the marina could store �
300 boats but felt that this would degrade the
area and would add to the degrading of the area. (Continued)
i
REGULAR MEETING OF THE OROPdO COUNCIL MAY 9, 1977 Page 16
. Administrator Dick Benson read into the record NORTH SHORE DRIVE MARIN�
the following comments from Mr. A. P. Olson, (Continued)
� Assistant Building & Zoning Administrator, —
� STAFF - A?�ril 11, 1977
� Mr. Hork met with A1 Olsan. I also spoke kith him. {4e rzminded him that permits
� kere necessary for these racks. I-� said he k�s not told about this before he
ordered the racks and they kere already in tawn.
�
I also reminded him of the missing trzes. I-� said he would look into this.
I �,•�sn't too sure if his plans included any dredging so felt it w�ould be wise to
pese the question directly to him. He infor,ned rrw t�-.at he r�ad an a�-spmval frc�n
the rtvR to do anntlal dredging, I questioned this type of per,nit and advised him
to hold up an any dredging wntil the City a�roves it. J-� h�sn't s�mitted any
r dredging plans as yet. he says he dredges the Iagoon �,�ene��er erosic� ;r,�kes access
' ,� ossible, althou� it h�sn't be�n necessary since the early 70's.
�
� I'm enclosing copies of c�,� additio,al plans suSr�utted by 1�,r. Hork. 'I'�,ey include
cross section plans of the storage racks and a reti-ised site plan indicating
� e�irr�ir,ation of sorr� dxks. The proposed storage racks �ou1d substitute for �he
sto�ge docks c� the lake.
�
Pi,r;,'��7ING C���iISSIO'� T�EI'ING - �nril 18, I977
�
�Mr. h'ork presented his propesal. It corzsisted of a req�st to erect �vo beat racks
for storage of 48 beats. These stcrage slips wcs.ild replace aIl the slips in �he
lagoon, sane of the s1iFs on the main dock and so� of the current on-la1�d slips.
The racks are 25' high to the i-oof line with three decks, i7�e two lcx:zr dec.lcs are
8' hi� for starage of Zarger baats. � '�e third deck has abwt a 6' clear-�-�ce for
� s�.aller baats. hfr. Hork did not cansider tnis deck as a stor-age facility. _ He said
this �;zs anly for srrail �w boats and such. The Pl�-uiing Co�nission felt this would
� prol-ide additic_�al sto:-zge slips and incre�se the st�:age ca�cii.y.
� The Planning Co,:uru5sian k•as also cancerned a�out the �5' height which exce�cis the 15'
� he�ght limit csi boat s�orage. Tir. hork suggested elimir.ating the roof to re�uce the
height to 18' .
•
After a laazg discussion, Planr�ing Cc�mi.ssion rzcc�-�n�nded denial. JLstifications:
�
(1) ra�pansion of non-cons''on�ing use.
• (2) Cl�rr�ently zoned LP,-IC-1. ..
• (3) The stac�:ed storage w�auld�create an objectional visual obstn�ction.
(4) Racks wcr�ld require a height variance.
� (S) The stacJ:ed storage lacks adecn�te natural screening fr�n raad and lake.
(6) Stau�ing would proti-ide nddi�ional o�en space for request for storaae ezpa.*ision
in fufi�re. �
� COiJ'�iCIL ?�fEETING - April 27, 1977
1�;r. Hork and legal coli.-nsel present. Long diccussion. ,4ttorneys to meet and discuss
�ptions. Directed Staff �o n�ke on-site investigation to deteimine possible locations
for racks for 72 onland storage spaces-cotmt slips. Detennine parking, yard se�backs,
and scre�ning necessary. Detern�?ne �,axumun number of rental slips and storage facili-
ties for baats that are for sale. Total rn.unber of rental slips not to exceed present
limit of 95. Specify exact number of boats per•nitted on property (rental and sale) .
�
(Continued)
i
REGULAR MEETING OF THE ORONO COUNCIL MAY 9 , 1977 Page 17
Mayor Van Nest commented that this matter NORTH SHORE DRIVE
requires further study. The City does not want MARINA
� to increase marina storage to further add to (Continued)
the degrading of the area. The Lake Minnetonka
Conservation District and the Minnehaha Creek
Watershed District should be allowed input.
Mr. Bruce Douglas stated that the North Shore
Marina could store 300 boats or more and you
� leave us no choice but to increase our storage
areas.
At this time, D�r. Douglas and Mr. Hork left the
Council Chambers and discontinued any further
discussions.
Councilmember Paurus commented that originally
the marinas were allowed to provide service and
� access to the lake, but crowding factors and
increased densities are abusing and degrading .
the lakeshores, creating complaints from the
� residents of the area.
� This matter will be entered on the next Council
agenda.
Mr. James Bloemendal, Mr. Lanny Seamore and Mr. LUCE LINE TRAIL
Otto Christensen, Department of Natural Resources
representatives, pr:esented a film on DNR trails
and discussed leases, easements, and land
acquisition as they relate to present and
future trail programs_._ _
Mayor Van Nest stated that the citizens are still '
• conccrn�d with traii s�pe�-ai�ion and reg��ati�zs ,._:
and the lack of policing-. Mr. Bloemendal commented-_
that the State has determined to regulate and
police the trail and the local conservation officer
� Mr. Jim Granger should be notified of any problems.
� rdayor Van Nest asked if there were any plans to
• expand existing trails or parking areas and asked
the DNR officials to keep the City informed to
allow sufficient review time.
� Mr. Seamore, who is now Regional Administrator for
the DNR, commented that he was with the Division
of Waters for some time and complimented the
Council on their stand with marinas in attempting
to environmentally protect Lake Minnetonka.
�
�
s
REG�LAR �EETING OF THE ORONO COUNCIL MAY 9 , 1977 Page 18
Henry Muhich, Building & Zoning Administrator, PUBLIC HEARINGS FOR
infor-ried the City Council of notices of public DREDGINGS
�earings regarding dredging proposals from the North Star Marina &
orps. of Army Engineers for the North Star Lord Fletcher' s
Marina and from the Metropolitan Council for
Lord Fletcher' s in Spring Park.
Henry Muhich, Building & Zoning Administrator, BIG ISLAND PARK STATUS
informed the City Council of a letter from
Mr. French of Hennepin County Park Reserve
regarding status and projections for Big Island.
Mr. Muhich called P�r. French on May 4 , 1977, and
told him Orono could not deny a permit on a
building site that complies with code as it is
zoned two-acre residential.
� He asked if the City might consider rezoning
Big Island to prevent any further building.
Mr. Muhich also stated that he did not know
exactly where we stand regarding parks and land '
dedicated for public use. Orono has declared
a moratorium on park lands. We need some
direction.
ienry Muhich, Building & Zoning Administrator, STATUS REPORTS
inforr.ied the City Council that the following
items were being reviewed by the Planning
Commission for Council action at a later date:
Gayle' s Marina, 3366 North Shore Drive, building
plan approval and 1977 license; Jack Rhode, 1410
Bohn' s Point Road, variance for lot area and
width; North Star Marina, 3324 North Shore Drive,
f conditional use permit and riprap; Virgil Doerfler,
4799 Tonka Veiw, lot area variance; John Gullickson,
920 Forest Arms Lane, lot area variance; T. Kenneth
Rud, 4735 Tonka View, lot area and width variance; .
Robert Johnson, 22 Shadywood Road, lot area and
width variance; John Burger, 3700 Bayside Road,
preliminary subdivision; Stephen Nicholson, 1350
Vine Place, lot area and width variance; Christy
Realty, 3445 Shoreline Drive, sign location variance;
Engner Johnson, 360 North Arm Lane, preliminary
subdivision.
Henry Muhich, Building & Zoning Administrator, WETLANDS TAX STATUS
read the following letter from Mr. Glenn Hawkyard,
West Hennepin Assessment District Assessor,
dated April 13, 1977: (Continued)
Page 19
� � '4�'es� �ennepxn Assessmen� Distr ' _
zct
P.O. BOX 66/CRYSTAL BAY, MINN.�S53T3/OFFICES IN ORONO C17Y HALL • PHONE 473-�357••'�' • '
CITIES OF ORONO, SPRING PARK, MINMETONKA BEACH and MINNETRI$Tq • _
April 13, 1977
- - 1�r . �'alter R . Benson, Administrator -
_ City of Orono
P. O. Box 66
Crystal Bay, Minnesota 55323 - � �
� Dear Mr_ Benson: -
� -
Wetlands are valued, and are taxed, even �f the
property owners are not permitted to use the land as
! they may want to, The wetland portion of the property
may add to the utility of the portion that is useable .
It may make a larger more attractive lot or provide
other amenities . Each �par.cel has to be judged on its
individual merits_ If the parcel is entirely wetlands
area, that should also be considered.
_ The property with wetlands area may, of course,
� be tax exempt-if it meets the cri�eria for exemption
and is owned by a recoqnized tax exempt organization.
� Yours truly, -
�
� �,._ �����p _
Glenn W. Nawkyard, Assessor
West Hennepin Assessment District - �
� ' .
�
• REGULAR D2EETING OF THE ORONO COUNCIL MAY 9, 1977 Page20
� Henry Muhich, Building & Zoning Administrator, SPECIAL ASSESSMENTS
read into the record the request of Daniel Oas, 3297 Casco Circle
�3297 Casco Circle, to waive special assessments,
s follows dated April 20, 1977:
•
A letter was received from Mr. Oas regarding the
` request to waive the special assessments with the
� right to retain this lot for open space and wildlife.
� Mr. Muhich has reviewed the status of the subject
parcel (Lot 159) and surrounding properties. I find
� it is a substandard lot adjoining another substandard
lot (Loti 160) and also abutting the rear lot line
• of Lots 169 & 170. Therefore, Mr. Oas could combine
! this three lots, or we could request combination with
Lot 160 to provide a building site.
� Lot 159 has been assessed for sewer and water laterals,
� 1/2 water unit and zero sewer units.
• We cannot waive the lateral assessments. If Lots 159,
169 & 170 are combined, we might consider waiving
S the 1/2 water unit assessment, but we would end up
! with another substandard lot in Lot 160. We could
also request combination with Lot 160 to give us
� one buildable site. We would waive no assessments
as the two (1/2) water unit assessments would provide
� for the one unit on the combined parcel of Lots 159 &
�.60.
•
� Council Meeting - April 27, 1977
� Directed staff to inform property abutting land
owners in area resolve substandard lot situation
� in area through combinations or any other method.
Suggestions:
•
Combine Lots 159, 169 & 170
� Combine Lots 160 , 161, '& 162
� Waive the 1/2 water unit assessment on Lots 159 & 160
� Staff - May 5, 1977
� Informed Mrs. Oas by phone of City's concern in matter
(substandard lots) . Followed with confirming letter.
•
� The City Engineer' s report regarding the North Star NORTH STAR MARINA
� Marina was deferred until the meeting of May 23, 1997 �
�
The City Engineer' s report regarding the On-Site ON-SITE DISPOSAL SYSTEM
� Disposal Systems was deferred until the meeting of
�ay 23, 1977.
�
�
�
�
• REGUALR MEETING OF THE ORONO COUNCIL MAY 9, 1977 Page 21
� Dick Benson, City Administrator', read into the CREDIT CARD SYSTEM
record the following dated May 3, 1977: Liquor Store
�ince the middle of March, 1977, the City
• Administrator, li�uor store manager, and Tom
• Kuehn, Finance Director, have been evaluating
the possible benefits of having a credit card
� system available for customer use at the liquor
store. On April 25, 1977, I was instructed
� by Mr. Benson to proceed with implementing the
installation.
�
The installation of the Shoppers Charge card
� presents no special problems. We need to sign the
� Member Agreement (2 copies) and they will bring
out all the necessary supplies when the application
` is approved.
� For the BankAmericard and Master Charge cards, we
must open a checking account at the First National .
• Bank of Wayzata. Therefore, we need to initiate
� a resolution to designate this bank as a depository.
In addition, we need to sign the respective Merchant
� Agreenent for each card company. With regard to the
checking account, we should handle it as we do the
� other City checking accounts and have the same
three signatures required.
�
• ouncil Meeting - May 9 , 1977
� Butler moved, �9elsh seconded, to approve the credit
card system for the Orono Liquor Store. Motion,
� Ayes (5) - Nays (0) .
•
Butler moved, Welsh seconded, to adopt Resolution RESOLUTION #777
� #777, A Resolution To Designate The First National Wayzata Bank
� Bank Of Wayzata As An Official City Depository. Depository
Motion, Ayes (5) - Nays (0) .
•
� Mr. John Ericson, Mound Hockey Boosters member, ICE ARENA
presented slides on the proposed ice arena to be
� located at the Mound School complex and answered
questions related to the referendum.
•
� Welsh moved, Butler seconded, to adopt Resolution RESOLUTION #778
� #778, A Resolution To Accept The Gift Of A Resuscitator
Resuscitator In The Name Of James Franklin. Motion,
� Ayes (5) - Nays (0) .
�
ick Benson, City Administrator, presented to the METRO COUNCIL
City Council a copy of the Metropolitan Council Framework Forecasts
� Development Framework Forecasts.
•
�
�
REGULAR�MEETING OF THE ORONO COUNCIL MAY 9 , 1977 Page 22
�
• Butler moved, Massengale seconded, to approve ANTI-RECESSION AID
the use of $615. 00 from the Federal Government PROGRAM
�under the Anti-Recession Aid Program to refurbish
the Council Chambers. Motion, Ayes (5) - Nays (0) .
�
r Butler moved, Massengale seconded, to approve the LEASE - RADIO EQUIPMENZ
� Lease for Communications Equipment and Limited
Use of Water Tower for Radio Equipment. Motion,
� Ayes (5) - Nays (0) .
�
Mayor Van Nest moved, Paurus seconded, to adopt RESOLUTION #779
• Resolution #779 A Resolution Approving And Adopting Sewer Plan
• Phase #1 Of The Orono Comprehensive Sewer Plan With Phase #1
The City Of Orono. Motion, Ayes (5) - Nays (0) .
� -
� Dick Benson, City Administrator, informed the City UPPER WATERSHED
Council that the engineers from the Minnehaha Creek French Lake .
� Watershed District and Hennepin County will be
meeting Wednesday, May 11, 1977 at 1: 30 P.D2. at
� the French Lake outlet to review the proposed wier
� location. The City is also proceeding with gathering
information determing the rationale for the project.
•
� Welsh moved, Butler seconded, to adopt Resolution RESOLUTION #780
#780, A Resolution Denying The Request By Mrs. Robert r4rs. Robert Gasch
� Gasch, 1030 Tonkawa Road, Long Lake, Minnesota, For
• Payment By The City Of Orono Of Certain Costs.
Motion, Ayes (5) - Nays (0) .
� Resolution #780 Page 22-26
� The City staff wili meet Monday, May 16, 1977 to PLATTING ORDINANCE
finalize the platting ordinance.
•
� _
Butler moved, Massengale seconded, to approve an SALARY INCREASE
� increase in salary to Larry Klingelhoets, part- Larry Klingelhoets
• time, liquor store, to $2.92 per hour, effective
May 2, 1977. Motion, Ayes (5) - Nays (0) .
�
� Butler moved, Massengale seconded, to approve an SALARY INCREASE
increase in salary to Dian Ehrenberg, part-time Dian Ehrenberg
� at the liquor store, to $2.92 per hour, effective
May 2, 1977. Motion, Ayes (5) - Nays (0) .
�
� Butler moved, Massengale seconded, to approve the SICK LEAVE
� balance of 165 hours of unpaid sick leave from Joanne Lattin
�January, 1973 to July, 1974, to be brought
forward for Joanne Lattin. Motion, Ayes (5) -
Nays (0) .
�
�
�
�
Page 23
� �
• �
RESOLUTION #780
� A RESOLUTION DENYING THE REQUEST BY
�
MRS. ROBERT H. GASCH, 1030 TONKAWA
� ROAD, LONG LAKE, MINNESOTA, FOR
PAYMENT BY THE CITY OF ORONO OF �
� CERTAIN COSTS
�
� ZaHEREAS, Mrs. Robert H. Gasch, owner of property on which
a house has been constructed at 1030 Tonkawa Road, located in the
� City of Orono, has submitted a statement of costs to the City of
Orono, a copy of which is attached hereto as Exhibit A, in the
• total amount of $1, 261. 80, and
� WHEREAS, Mrs. Gasch has attempted to justify the request
� for payment of costs on the basis that allegedly the City of
Orono was at fault for the construction of a house at 1020
� Tonkawa Road at a location not greater than 75 feet from the
lakeshore, which house replaced an existing house on a similar
� location, and
� WHEREAS, Mrs. Gasch has stated that the City of Orono
� issued a permit for that house in disregard of Ordinance No.
34. 201 regulating lakeshore setback of at least 75 feet from the
� shoreline, and
• WHEREAS, the Planning Commission and Council have
reviewed this matter on several occasions including the request
� of Mrs. Gasch,
� NOW, THEREFORE, the City Council of the City of Orono
� hereby denies and refuses to pay the statement of costs submitted
by Mrs. Gasch for reasons set forth hereinafter:
• '
l. Mrs. Gasch has failed to submit a survey to support
• her argument that the sight line is such that Mrs. Parton' s
• house; the house next door of which she is complaining, blocks
in any way her view of Lake Minnetonka.
� 2. Mrs. Gasch has argued that there has been a devalua-
� tion of her house because of the location of the Parton house
but she has failed �o submit any facts to �support the alleged
� devaluation.
� 3. Mrs. Gasch admitted that she would need to plant
� the shrubs, for which she is asking payment, along the shared
property line with Mrs. Parton anyway because of her prior
� intent to remove the trees on the boundary.
�
�
�
�
� .
�
• � Page 24
i �
f 4 . The City Council has granted a variance to Mrs.
Gasch so she could build a fence that she thought was neces-
� sary and the City Council has eliminated the previously pro-
posed requirement that she plant any shrubs to camouflage
� that f ence.
� . 5. Mrs. Parton' s house has been rebuilt on a location
� that is the same location generally as the prior location of
the house and therefore Mrs. Parton had a vested right to
• construct the house at that location.
� 6 . Mrs. Gasch' s house was built subsequent to the
� original construction of rirs. Parton' s house and Mrs. Parton
is just rebuilding the house on a similar location.
�
7 . The topography of the Parton property and the
• geography of the properties in the area is such that Mrs.
Parton' s house does not interfere with Mrs. Gasch' s view of �
� the lake in front of her house.
� 8 . Mrs. Parton' s house is at least 75 feet back from
� Lake Minnetonka, meeting the requirements of the Department
of Natural Resources, the Minnehaha Creek Watershed District
� and the ordinances of the City of Orono.
� 9. The present development of Mrs. Parton' s property,
• including the location of the house, does not arbitrarily or
unreasonably restrict the use or enjoyment of Mrs. Gasch' s
� property nor does it interfere with the enjoyment of use of
other houses in the neighborhood.
•
10. The location of Mrs. Parton' s house is not adverse
� to the general health, safety and welfare of the citizens of
• Orono.
� 11. Mrs. Gasch admitted that she knew when Mrs. Parton
commenced the construction of the foundations on her house and
� yet Mrs. Gasch failed to indicate timely to the city or to Mrs.
Parton that she f elt that Mrs. Parton' s house was being con-
� structed in violation of the ordinances of the City of Orono.
� 12. Mrs. Parton' s house was not built in violation of
� the building code or the zoning ordinances of the City of
Orono but has in fact met all the requirements of same.
�
13. The City Staff of the City of Orono has determined
� that Mrs. Parton has constructed the house on a location which
meets the provisions of the Orono Zoning Code that provides
� that a house along the lake should be built in such a way so
• that it does not interfere with the sight line of adjoining
�
�
�
�
�
• ' Page 25
i
houses. Moreover, in the past, the City Staff has never'
� applied that portion of the zoning ordinance to any develop-
� ment which development takes place on property which is of
such a topographical nature that if one applied the sight
� line restriction literally, that it would result in an absurd
location for the house. In this case, if the city were to
• require that Mrs. Parton construct the house in such a way
' so that it is no closer than the average distance from the
� shoreline of the existing residents' buildings on adjacent
� and nearby lots, it would result in a location of the house
many f eet f urther back than 7 5 f eet back f rom the shoreline
� which is a requirement of the zoning code and would require
a location which would necessitate the removal of several
� healthy trees on the property and would necessitate a major
amount of excavation in an existing hillside behind the
� house where it is presently constructed.
! 14 . After having reviewed the application by Mrs.
� Parton for a variance for the construction of the house,
the Planning Commission and City Council approved of same
• at the July 19, 1976 meeting and the City Council approved
of the variance' for lot width on June 28, 1976.
•
• 15. It is illegal for the City of Orono to expend
public funds for the private benefit of Mrs. Gasch, especially
� when the claim is based only upon the fact that Mrs. Gasch
does not like the location of Mrs. Parton' s house.
• 16. Mrs. Gasch has yet to spend those amounts for
• which she has f iled a claim.
� 17. Mrs. Gasch has admitted to the City Council that
+ her only complaint was not that her view of the lake was
impaired but that Mrs. Parton is now able to view a portion
+ of Mrs. Gasch' s property from Mrs. Parton' s house. Mrs.
Parton' s ability to view Mrs. Gasch' s property from her
� property is similar to the ability of any other neighbor
anywhere in the City of Orono to view the adjoining property.
�
• 18. It appears to the City Council that the only prob-
lem that exists is the problem between neighbors, which problem
� unfortunately they have not been able to resolve and which
problem does not involve the City of Orono. .
• The above resolution sets forth those findings of fact made
� by the City Council at a regular council meeting of April
� 28, 1977.
•
• �
�
�
•
�
�
� ' ' Page 26 ,
•
�
�
• This resolution was adopted at the regular meeting of
the City of Orono on May 9, 1977, by a vote of 5 ayes and
� 0 nays.
•
��l7�/ �
� /r� c �/a'I �(
• William B. VanNest, Mayor`
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ATTEST:
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� Walter enson
� Clerk/A . inistrator
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� EXHIBIT A
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� Statement of Costs
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� Variance Application Fee--------------� 30. 00
� Property Owner's List----------------- 5. 00
� 9urve
y-------------------------------- 172.00
� Fence Lumber---------- ---------- 61.52
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• Shrubbery----------------------------- 923. 28
• At�orney Fees------------------------- 70.00
� Total �12h1,8o
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� Mrs. Aobert H. Gasch
1030 Tonkawa Hoad
� Long Lake, Minnesota
� 5�356 .
� March 25� 1977
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REGULAR �EETING OF THE ORONO COUNCIL PiAY 9, 1977 Page 28
�
• Welsh moved, Butler seconded, to approve the EMPLOYMENT
temporary part-time employment of ���illiam Hanson, William Hanson
�uilding & Zoning Department, at a salary of $3. 00 Building & Zoning
er hour, effective April 19, 1977. Motion, Ayes (5) -
� Nays (0) .
�
• Butler moved, Welsh seconded, to accept the first REVENUE & EXPENDITURE
quarter Revenue & Expenditure Report. Motion, First Quarter
� Ayes (5) - Nays (0) .
�
Welsh moved, Butler seconded, to approve the Fire FIRE CONTRACT
� Contract with Long Lake. Motion, Ayes (5) - Nays (0) . Long Lake
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• Paurus moved, Butler seconded, to request the BOULDER BRIDGE FARM
Minnehaha Creek Watershed District to reconsider Shorewood
� the Boulder Bridge Farm dredging permit and to
forward a letter to the P�ICWD requesting a moratorium
� on future dredging until standards are developed.
• D4otion, Ayes (5) - Nays (0) .
� Dick Benson, City Administrator, entered into the JOINT TRAILS COMI�4ITTEE
� record a letter from H. A. Larson, Chairman of the
West Suburban Joint Trails Commission, dated
�pril 20, 1977, which states:
• During the course of the last several months, the
• Joint Trails Commission has been discussing the
need for a professional trails plan for the Lake
� Minnetonka area. This need has been shown several
times during the course of existence of the J.T.C.
� The need has arisen with each application which has
been submitted for funding of different parts of
+ the trails system which is proposed by each separate
community. Also, the Metro Council is requiring a
� development plan from each of the communities
• of which a professional trails plan would be a part.
� With these factors in mind, Mr. William Short was
contacted and asked to make a presentation of the
� technique of trails planning which he had done for
the City of Plymouth at a cost of $24,000. From
r the proposal which he drew up for the West Suburban
• Joint Trails Commission involving all the
communities of the J.T.C. a cost figure of approximately
� $70, 000 was projected. Using this figure and a
formula for cost break down of 30$ for population,
� 30� for area and 40� for number of miles of proposed
trails, a presentation was made to each of the City
� Councils by their respective Joint Trails Commissioner.
fter this presentation several communities expressed
an interest following up further with the proposal.
• These communities include Excelsior, Long Lake, Minne-
tonka Beach, Mound, Orono, Shorewood, Spring Park,
� Tonka Bay and Wayzata. (Continued)
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. REGU�LAR MEETING OF THE ORONO COUNCIL MAY 9, 1977 Page 29
� At this point, Mr. Short was contacted again and he JOINT TRAILS COMMI�TEE
prepared another proposal for these communities. (Continued)
�his proposal was presented to the April 14, 1977
eeting of the Joint Trails Commission with some
� members of the City Councils from these communities
• participating in the meeting. Generally, the proposal
is similar to the previous one with a five part
� program taking approximately one year to complete
with the difference being in the dollar figure
� which is now $34 ,000 with possible additional
costs for more meetings and copies of the plan
� summary. It was then suggested that Mr. Short
attend the City Council meeting of the before
� mentioned communities so that the proposal could be
heard by all of the Council members. �Zr. Short
� agreed to attend meetings during the month of
� May along with the respective Joint Trails Commissioner
from each of the communities.
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Also discussed was the cost breakdown of the plan ,
� and it was suggested that the Goals and Objectives
portion of the plan was used equally by all
� communities, that the first $7,000 of the cost be
� divided equally among each of the communities.
Another cost would be in drawing up of the Joint
� Powers Agreement and mailing, etc. , for an estimated
cost of $2, 000 which would also be shared equally.
he total of these would be $1,000 per community
ith the remaining cost to be apportioned by the
� previous formula. This is a proposed breakdown
and could be changed by the final Joint Powers
� Agreement.
� Following the presentation by Mr. Short to the
� City Council of each of the communities, it
will be necessary for the City Councils to take
� the necessary action so that the Joint Powers
• Agreement may be drawn up and signed.
• H. W. Larson
� Council Meeting - May 9, 1977
� Mr. William Shor� presented a trail systems
plan discussing in detail the techniques of
� trail planning. The projected cost to Orono is
• estimated to be $11, 000 which can be reimbursed
over an 18-24 month period. Mr. Short was
� requested to appear at a Park Commission meeting
to review with them this proposal.
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REGiJ�LAR MEETING OF THE ORONO COUNCIL MAY 9, 1977 Page 30
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� Dick Benson, City Administrator; presented the BID AWARD
following memo from John Gerhardson, Public FRONT-END LOADER
�orks Supervisor, dated May 4, 1977, concerning
he Bid Award for the Front-end Loader:
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• SUB,T�.'CT: BID AWARD - FRONT END IAADER AND ATTACh�'IENTS
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� On April 22, 1977 the City of Orono oper,ed bids f'or one articu-
1a�ed front end 1Qader saith quick coupler, plow and wing,
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Tne City of Orono w-ro�e the specifica�ions and contract with
• the �otal cost procedures in mind. Briefly eaplaining that pro-
� cedure, it means that the equipment company must assure us that
�ney will guarantee that the maintenance �,rill cost us X amount
� of' dollars wi�hin a five year period and anytn.ing over that
amount t�ey will have to pay. The i'ive year buy back portion
� means that should the City decide to trade the machine in iive
years, �he cempany guaran�ees at lezst X amount oi' dollars for
• tnat machine. -
� T'nis pr•ocedure is very corr�on in otner municipali�ies and it is
� �he only procedure used by Hennepin CounLy wnen purchasing he2vy
equipment.
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With the cost of eouiprr,ent today, this is a very good insurance
� policy. Wnat iae are actually telling the equipment compans is
� If you feel you have a good machine, back it up. "
� Approximately three years ago, the City of Mound purchased a
front end loader using the total cost purchase method. They
� received only _two bids; - one was Ford and the otner was Cater-
pillar. Ford was the low �id; but they purchased the Caterpillar.
r According to Mr. Bob Miriar, there was a difl'erence of approxim-
ately $6,000.00. They are very satisfied with their machine.
•
� 0�' the three bids received, only one bid met the specii'ications.
� I have inspected and operated the machines that were bid.
• The question was raised wheti�er or not the specifications were
wri�ten S'or one particular machine.
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� Ten copies of our specifications were sent out to ten different
companies at �heir request.
� T'ne following is a list of companies who received ol�r s eci�'ica-
� tions, but did not bid, and their reasons ior not bidding:
� � . Borchert-Ingersoll has the Tyrea loader. 2�Sr. Jack
• . N�ouist told me that their machine met our specifications but
� they did not bid because their two-yard machine is no longer in
� (Continued)
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� produc�ion. I did not �now this at �he time I w�s writir�g the
� specifications and was using their specification sheet as a �
re1'erence at the time. I�ir. Nyquist has stopped in and talked
� to me several times in the past year; during our conversations,
� we had talked about a three-yard machine with an Arnerican or
Balderson quick coupler, plow and wing. Mr. Nyquist regretted �
� tbe fact that he did not inSorm me that their two-yard machine
was no longer in production. They welcome the total cost bid
� pr•ocedure.
� 2. 2�innesota Trac�or has �he Fiat Allis loader. According
� to N'1r. Ja.mes Nelson, Sales Representative, tneir rachine met our
specific�.t�ons but they do not like �he f ive-year guaranteed main-
� tenance part of tne contract. I a�ked him to send me a letter to
�bat efi'ect. Approximately ten minutes later, 2�r. Frank Ascner,
• Sales i�anager �'or 2�innesota Tractor, called me and asked �hy I
wanted a le�ter from him giving the rezsons for not bidding. I
� e�plained to him t�.at I wanted to assure myself and the Oron o City
� Council that I did not write specifications S'or one raacisine. I�tr.
Ascher inS'ormed me tizat the reason they did not bid is because
` they did not like the total cost purchzse part of �he contract,
but �neir machine did meet our speci fications and that if a le��cer
� 1'r•om h�m would help another co�pany sell �heir ruachine he would
decline sending a letter. I asked him if their company ever bids
� a �uachine wi th the total cost part of a contract and he told me
• �hat they do but do not like it.
� 3. Road Nachinery and Supply Company has the NLichi�an
Clarke loader. According to 2�ir. Bill Johnson, Sales Represen-
� tative, their rnachine met our specifications and they have no
problem with a five-year maintenance guarantee; however, they
0 do not like to guarantee a plow and wing for fiye years. lney
. do par�icipate in �otal cost biddir� on �heir mzcnines.
� l�. Zeco Company has the Massey Ferguson loader. According
to Mr. Gar� McNevin, Sales Representative, he �'elt he did not �
� have enough time to come up with the combination of loader, quick
coupler, plow and wir�g called for in �L;r speci#'ications a�d deliver
� sa�ne by �he delivery date called for in t�e contract. He did feel
. his machine met our specific��ions, but the specifications ca.me at
a time when he was very busy; however, he did compliment the City
+ f'or writing a very tight specification in which the interest oP
the City of Orono was first and foremost. -
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5. Case Power and Lquipment l�as �he Czse loader. N`.�.�. Ro�er
• Jones, Sales Manager, informed me ��-�at accorning to our specificz-
tions, we called for the cab to be mounted to the rear of the
� point of articulation. I went over our specifications again, and
� found we did not specii'y whether �he cab was to be moun�ed �o the
front or rear of articulation. This was apparently a misjudgervent
� by I�Ir. Jones. Had he read �he specifications more �horoughly,
their machine would have met our specifications. I�`lr. Jones stated
� that tney do bid total cost and can supply a quick coupler, plow
and wir.,g.
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(Continued)
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� 6. Hayden-2•:urphy Co�rpany does not hs.ve a loader but tho�ght �
they could bi d �ne plow and wing separately.
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. 7. Hall Equiproent has the Interna�ional Hough loader. They
apparently misinterpre�ed the wording, as did C�se; their machine
� has tne cab i'or;,:ard of the point of articulation.
� 8. Long Lake Ford Tractor has the Ford loader and did sub-
mit a bid; however, tney did not rueet our specifications by six
� iLems. 1ne followir.,g are t�e six items and con.men�s:
� 1 . 1�Tneelbzse - lti'e asked i or a minir�um of 1 08";
,� their' s is '111 ".
� 2: Planeta.ry re�uc�ion in wheel - Their nlan-
etaries are not in each wbeel, but inboarci;
� this would increase naintenance costs and
� . �o�ally incapacitate the machine if a break-
down occurs.
� _ 3. Dual circuits on bra�es - This means if a
� br�e line on �he f'ront wrieel rup�ures, �he
rear brakes will be operable. Ford cznnot
� supply �his. -
� L! . �u�o�a��c emergency braking on air press�.zre
� or f'luid loss; rord car�no�t supply tizis. �
� 5. Steering - We asked for double acting cylin-
ders on the hydraulic steering. This is
� anoLher safei,y ie2�ure in �he event �hat one
• would fail. Ford cannot supply this.
� 6. Manufacturer of ouick coupler should be ssane
as plow and wing. Although �nis is not a must
r item, it does limit the amount oP manul'acturers
inv olved. Ford ofi ers the �eri�an cou�le�r �ti
• Craig plow.
� I cLeckeci with at least three muni cipalities that have the
� Ford loader; cormnents were not that complimentary. Problems
wi th er�ines, di1'f erentials and the bucket til� cylinder were
� sose of �he com�aents. I�ost o1' �he machines were onl� one year
old.
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. 9. Valley Equipment Company has the John Deere loader and
did submit a bid. However, they did not meet our sDecifications
� on s�x ii,ems. `1�e following is a list of those items and co�ents:
� 1 . Transmission - j•7i�h Jo'nn �eere transm_ission
you have control of �wo speeds forward and
one reverse; we asked for 1'our speeds forkard.
and two reverse.
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• (Continued)
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2. �les - We asked for planetaries in each
� wheel ; John Deere has inboard, and I would not
a recoimnend �.izem for tne s�ne re�sons as Ford.
� 3. Brakes - John Deere cannot supply dual cir-
cuits or automatic emergency braking on -
• fluid loss.
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IT. Bucket cylinciers - For the tilt of �he
� bucket, �we asked for �wo four inch or one
six inch minimLun. John Deere nas one 5-25
� inch.
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� 5• Hydraulic system - We asked for �wenty
gallons miniTntiun cspaci�y resErvo�r. Jo�n
� Deere can only supply �welve; this could
� cause overheating of the hydraulic S'luid.
6. If4nu1'acturer of plow and wing should be
sarne as manul'acturer of quick coupler.
.� T'nis i•T2S not a musi ��em but does limit
��e number of rn�nul"act�arers involved.
� John Deere has 'the Smerican ceupler and
�he Craig plow and wir�.
� � 10. Ziegler Incorporzted hzs �ne Caterpi��ar loader and did
submi� a bid. The C��erpil�ar �et all speci�'�c��ions. I� supplies
� l�ne 3alderson ouick coupler and Balderson plo a an� wing.
� I have inspected and operated �ne loaders that tiaere bid, and wi�h-
� out a question, Caterpillar is a far superior machi�ne to Foi�d and
John Deere.
� Ca�erpillar has been in �he indusLrial equ?piaent business ior
� many �ears and has the quality �nat is necessary to provide
the service that we must have.
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• Jo'nn Deere and -For� are j�:st sLar�i�g in �h� indus�rial eouip-
:.,�nt line and are making ma jor caan�es ouite o�'ten and I 1'eel
� are s��11 in �he exazri:uental s�ages. They were pr�aril� in
tne agriculture line and have �ried �o carry over certain par�s
� of their machineS �o �he indus�rial line.
� The n..�aerican brand quick coupler �hey offer ait?z �he Craig p?ow
• and w�ng is, in a sense, not a bad fabrica�ion; bu� I feel �he
plow and �ri�, are no� of �ne quali t� t�at ��aould s�and up unner
� �ne �aork load e�pec�ed oi it. Craig is not �che only plow avail-
able �o Ford and Jo'nn Deere. Appro�ima�e1y th�ree years ago, we
� considere3 moun�ing a one �ray plow on the front o#' the road
gracier using one of our �ruck plo�as, h'e �ere �old by �he zanu-
� 1'ac��arer oi the plo:a not to use a i,ruck plo�r because �ney are
' no� cons�ruc�ed heavy enough �o s�and up for �hat type o� machine.
I co��ared �he two and could cer�ainly see why. T'ne Craig plow
• and ►�ting see� to be of' less quali�y than wY�at we nave nox i or our
� (Continued)
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� trucks . T�nis �:as cErtainly gi�en serious consicieration when
writing the specifications f'or the loader, plow and wing, a
plow tinat could be used on more than one piece of equip�ent.
I canno� re.nember anen the Public tiJorks Depar�ment has pur-
chased a piece of equipr�ent for only one use. This is no�
�ood busine s s, and wi th infla�ion the way i t i s, we jus t -
� cannot afford tnis.
� The Caterp�llar Corapany supplies �he Balderson ouicii coupler, .
plow and w�ng. The plow is cons�ruc�ed hea-�ry enou.�,,'n �o handle
' �ine work load and could be adap�ed to �ne road grader. T'ne
� �alciel son coupler, plow and w�ng are avai�able to Ford and Joi�n
Deere, bu� because the� cost nor•e, they do no� like �o use i�.
A lot of time a�d research was involved in w-ri�ing �he spec�fi-
ca�ions with �he in�erest of �he City �irs� and foremost in
, m�nd. Every item iYas careiully' researcned and qualities �uissing
on our present loader �ere pu� in for very good rzasons so �nat
we do not have to do ihis aoa�n in ano�her �en years.
I i eel very corzfident t�a� if �he C; ty does not use �he op�-�on
� of L'ne i�ve y ear bu� back in �Pe con�rac t, the C�i,e_rD?llar
loaner will seT��e �:s hell fo-� n�ore �han �en years.
Therefo»e, I reco��e�d �I13� 1.ri �r16 best in�eres� Of �he C1L� Of
O�ono �o a;,;ard t�e b�d �o the Z�e�ler Co.,�pan� i or one Ca�erpillar
fron� e�d loader a�d a�zac�.ue�i,s in z'ze ��-aou.�� of ��1�,�.12.00.
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A��ached �re bid proposals from tne three co�r,pan�es bidding
and -�he chec;:� list used to check spaci£ica�ions.
� Council Meeting - May 9, 1977
Mr. Jim Cox, representing Ford, Mr. Lloyd Jenkins,
representing John Deere, Mr. Gayle Johnson,
� representing Caterpillar discussed with the City '
Council their submitted bids and their justifications
� for not meeting all specifications. It was determined
• that there was $11,000 difference between Caterpillar,
who met all specifications,and John Deere and Ford,
� who did not meet all specifications as submitted.
� Paurus moved, Butler seconded, to table the Bid Award
for a front-end loader until the meeting of May 23,
� 1977. Motion, Ayes (5) - Nays (0) . -
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r�Iayor Van Nest discussed Wl� the City Council the ORONO-LONG LAKE
proposed placement of the Orono-Long Lake interceptor INTERCEPTOR
on County Road #15 and Hennepin County #51, and Orono
Orchard Road.
3utler moved, Paurus seconded, to instruct staff to
respond to Mr. Skip McCombs, Engineer responsible
for construction of the interceptor stating that: (Continued)
Motion, Ayes (5) - Nays (0) .
� Letter to Skip McCombs on Page
Telephone 4737357
� �� Page 35
,��:��Y���T� � GI'T'Y of O�ZONo
%.rji"��� �Y- .
� ';='��i 1� � " Post Office Box 66•Crystal Ba Minneaota 55323•Munici al Offices
..•�,,Y, ��{ t.
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'�+.�r+L`f�'Y:
' f )_L.'
�;�-'��� ��':. On the North Shore of Lake Minnefonka
�^a- 0 -�.rO. . .
- �j�..y—
� May 16, 1977
Mr. Skip r4cCombs
2�icCombs-Knutson Engineering
12805 Olson Memorial Highway
Minneapolis, Minnesota 55441
Re: Orono-Long Lake Interceptor
Dear Skip:
On Monday May 9, 1977, Mayor Brad Van Nest and myself, Mr. Lyle
Swanson, and rir. Greg Frank met at our City offices to discuss
the proposed placement of the Orono-Long Lake Interceptor on
- Hennepin County �15, Hennepin County #51, Hennepin County #84
and the Orono Orchard Road.
Based upon the information provided through us at that meeting,
the concensus was, and is at this writing, as documented by action
of the City Council at its May 9th Council meeting, the following
concerns;
The placement of the interceptor on the Orono Orchard Road six feet ,
" into the blacktop mat is satisfactory.
• On Hennepin County #51 and Hennepin County �84 , the proposed placement
of the interceptor in these areas appears to be the most reasonable
when considering the safety, health and welfare of the resdients and
the apparent attempt to not destroy all trees along the route.
On Hennepin _County �15, starting at a point three hundred feet west
of the intersection of the Orono Orchard Road to the intersection of
Hennepin County #51, there are very deep concerns as noted to your
engineer, Mr. Lyle Swanson, which are as follows :
l. The proposed placement of the interceptor outside of the blacktop
mat, which lies adjacent to the lake.
2. Silting of foreign material and matter into Lake Minnetonka.
� 3. Loss of trees and natural ground cover.
�r. �kip McCombs Page 36 .
May 16, 1977 , -
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4. Preservation of water quality. _
. 5. Future location of Lake Minnetonka scenic route.
' 6. Future planning, additional tree placement, and natural lakeshore
preservation.
Concerns as noted are self-explanatory, but the rational for them are
based upon the protection of Lake Minnetonka as a natural resource.
The City of Orono is requesting the placement of the interceptor on
Hennepin County #15 three hundred feet west from the intersection of
the Orono Orchard Road to the intersection of Hennepin County #51 to
be placed three feet within the blacktop mat. Also, it would be in
the best �ublic . interest to coordinate the construction of the inter-
ceptor and the replacement of the Tanager Lake Bridge, which Hennepin
County is now planning� to be within the same construction year or as
one total project.
The City of Orono, also, understands that there wi�l not be any
connection rights to individuals when the forcemain is completed.
The City of Orono has within its Comprehensive Guide Plan, Comprehensive
Sewer Plan, and other detailed documents commitments for future planning
to provide for the safety, health and welfare of its residents and to
provide a cleaner lake to its users. It behooves us all to be part of
a total planning process that will allow us to accomplish� these
objectives. .
Sincerely,
�����
a �� '�"�
Walte R. Benson
City dministrator
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REGUL��R• MEETING OF THE ORONO COUNCIL P��AY 9, 1977 Page 37
� Mayor Van Nest moved, Butler seconded, to direct SEAWALL & RIPRAP
the City Attorney to report the conditions as set 2975 Casco Point Road
�forth in the February 28, 1977 Council r4inutes Stewart Perry
as a settlemerit�=to the legal action on the Stewart
Perry matter, which state:
Council Meeting - February 28, 1977
Mr. Bruce P4alkerson, City Attorney, informed -
the City Council that Mr. Perry has been cited � - _.
in violation of the present zoning code and
litigation is set for March 15, 1977.
Mr. Stewart Perry was asked by Mr. t4alkerson
if he understood the code: Mr. Perry stated
- he did.
Mr. ?salkerson asked Mr. Perry if it was correct
, ' that the work on his project continued after
being tagged in violation of the code: rsr. Perry �
answered 'yes ' , �although the work was nearly
completed. Councilmember Welsh commented that
we are discussing how to complete the project
according to the code. Standard riprap has
to be installed; mortar and stone is not accept-
' able. It will not withstand wave action. Mr.
Perry stated that all he was doing was to . •
replace wall as it was before. Mayor Van Nest
stated that in order to do a complete job, the �
lower �.ies and decking should be rer►oved and
' standard riprap should be installed to the _
Minnehaha Creek Watershed District standards .
There is no question that a mortared wall will
not withstand wave action and will deteriorate.
Mr. Perry,would you be agreeable to that
procedure?
Mr. Perry stated he would prefer to test the
ordinance in court_
Butler moved, Welsh seconded, to deny the
application as presented by Stewart Perry, .
2975 Casco Point Road, to _ include mortared ��
wall. Motion, Ayes (5) - Nays (0) .
Butler moved, Welsh seconded, to remove lower
' tier of ties and replace with standard riprap -
, (12" to 18") and replace lower wood decking,
all subject to other agencies and City Engineer' s
recor,unendation, for Stewart Perry, 2975 Casco
Point Road, r4otion, Ayes (5) - Nays (0) .
�
• REGUL��.R �MEETING OF THE ORONO COUNCIL MAY 9 , 1977 Page 3�
� Mayor Van Nest moved, Welsh seconded, to adopt RESOLUTION #781
Resolution #781, A Resolution Granting To The Vo-Tech School Bridge
Joint Independent School District 287 A Conditional
se Permit For An Agricultural Use In An RR-1B
District And Construction Of Bridge. Motion,
• Ayes (5) - Nays (0) .
� Butler moved, Welsh seconded, that the following LICENSES
� licenses, be approved: Motion, Ayes (5) - Nays (0) .
� Budget Plumbing Corp. - Plumber
• Elmer J. Peterson Company - Plumber & Sewer Hookup, &
Sewage Disposal Installation
� Murphy Plumbing & Heating Company - Plumber & Sewer
Hookup
�
• Mayor Van Nest moved, Butler seconded, that the BILLS
All Funds Accounts 5240 through 5332, 19537 and
� Liquor Store Accounts 11908 through 11926 , be
• paid. Motion, Ayes (5) - Nays (0) .
•
Councilmember Gary W. Welsh read into the record GARY W. WELSH
� the following letter of resignation sub�itted to - RESIGNATION
the City Council at 12 : 55 A. M. May 10, 1977:
•
�ro: P�ayor, Council and Staff
� When filing for a second term, I was anticipating
an easier schedule in my business endeavors.
� However, this does not seem to be the case, even
though these endeavors have been successful.
�
Since I will not be filing for the up coming
� election and have several commitments coming in
� June and July which will give me little time to
devote to Village affairs, let this be my letter
� of resignation. I would like my resignation to
be effective 30 days from this date_
a
I have found this a rewarding experience that has
� hopefully been beneficial to all concerned.
� Gary W. Welsh
� After much discussion by the City Council the
� following resolutions were adopted:
� P4ayor Van Nest moved, Paurus seconded, to adopt RESOLUTION #782
Resolution #782, A Resolution Accepting The Resignation
� Resignation Of Councilmember Gary W. Welsh.
�otion, Ayes (4) - Nays (0) .
(Continued)
�
�
�
� �
• REG�JL_'LR MEETING OF THE ORONO COUNCIL MAY 9, 1977 Page 39
� RESOLUTION #782 RESOLUTION #782
Accepting Resignation
WHEREAS, Councilmember Gary W. Welsh read his
letter of resignation at the regular meeting
of the City Council of the City of Orono, �
. Minnesota, on May 9, 1977, and
� WHEREAS, Councilmember Gary W. Welsh stated
that his resignation will be effective in
� 30 days.
� NOW, THEREFORE, BE IT RESOLVED that the City
• Council of the City of Orono, Minnesota,
accepts Councilmember Gary W. Welsh' s
� resignation with deep regret.
� Motion, Ayes (.4) - Nays (0) .
� Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #783
� Resolution #783, A Resolution Declaring A Vacancy Declaring Vacancy
In The Office Of Councilmember of Orono. Motion,
� Ayes (4) - Nays (0) .
� RESOLUTION #783
�
WHEREAS, Gary W. Welsh resigned as a Councilmember
• of the City of Orono, Minnesota, at the regular
�neeting of the City Council of the City of Orono
on May 9, 1977, effective in 30 days.
� iJOW, THEREFORE, BE IT RESOLVED that a vacancy
� now exists for the office of Councilmember for
the City of Orono, Minnesota.
�
Motion, Ayes (4) - Nays (0) .
•
� Butler moved, Massengale seconded, that the ADJOURNP�IENT
� meeting be adjourned at 1: 15 A. M. Motion,
Ayes (5) - Nays (0) . `
�
�
� l � � �
,
� , . �y�-
illiam B. Van Nest, Mayor
�
�
� Attest: ���
� Walter enson, Clerk-Administrator
�
�
�