HomeMy WebLinkAbout06-30-1977 Council Minutes CITY OF ORONO
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• Exectuive Session of the Orono Council, 5 : 30 P.M.
June 30 , 1977
� The Oron� Council met on the above date with
� the following members present: Mayor Van tlest,
Councilmembers Massengale, Paurus , and Pesek.
� Absent: Councilmember Butler. Also present:
City Administrator Benson, Building & Zoning
� Administrator Muhich, Assistant Building &
. Zoning Administrator Olson, and City Attorney
Malkerson.
�
� Dick Benson, City Administrator, stated that this NOTICE OF CLAIM
executive session has bean called to discuss North Shore Drive Marin
� with the Council a Notice of Claim for damages
i in the amount of $5 , 000,000 served upon the City
by Larry Hork and North Shore Drive Marina, Inc.
� The Clairn states that:
! .
YOU WILL PLEASE TAhE NOTICE That Larry Hork and
� North Shore Drive Marina, Inc. , claim damages
from the City of Orono in the amount of Five
� Million and no/100 ($5 , 000, 000. 00) Dollars (the
exact amount not being known) for the following
acts by the agents and officials of the City
of Orono:
� l. Fraudulent misrepresentation by an agent of
the City that no building permit would be
� required for the construction of two dry-
stack rack storage units for the storage of
boats at North Shore Drive 2iarina, Inc.
2 . The arbitrary and capricious refusal to allow
� claimant' s right to �due process of law.
� 3. The taking of claimant' s property without
just compensation by the impairment of its
� value as commercial real estate.
� 4. The impairment of claimant' s constitutional
right to free access to the courts by
penalizing claimant' s application for per-
� riission to build rack storage units because
of a separate pending lawsuit against the
� City of Orono.
� This notice is furnished to you in accordance
with the provisions of Minnesota Statutes
466. 02 et. seq. _
Please direct any and all inquiries concerning
i this matter to the undersigned and not to my
client.
(Continued)
EXECUTIVE SESSION OF THE ORONO COUNCIL, JUNE 30, 1977 Page 2
• Dated this 29th day of June, 1977. NORTH SHORE DRIVE MARII
(Continued)
� DOUGLAS, JAYCOX, TRAWICK,
McMANUS & LIPPERT
BRUCE C. DOUGLAS
+ Attorney for Claimant
247 Third Avenue South
Minneapolis, Minnesota
� Phone: 339-4946
Mr. Bruce Malkerson, City Attorney, stated that
� on Thursday morning, June 30, 1977, he spoke
with rir. Bruce Douglas, attorney representing
Larry Hork. Mr. Douglas indicated that he would
serve upon the City the Summons & Complaint and
� - a Notice of P4otion for a temporary restraining
- order to allow his client to immediately construct
storage racks on his property without interference ,
' from the City of Orono.
.
#� Mr. Malkerson asked Mr. Douglas if he and his
` client would meet with the City Council Thursday
evening, June 30, 1977, on the North Shore Drive
Marina property to attempt to resolve the matter
realizing that there might be a misunderstanding
of facts.
Discussion continued concerning the meaning of
the agreement and provisions contained therein.
Further discussion centered on advexse effects
of storage racks, expansion of non-conforming
use and the ultimate goal of establishing a cap
� on the number of boats on land and in the water.
The Council members present agreed that it would
be prudent to discuss the facts with Mr. Douglas
and Mr. Hork to determine if tlley would change
their minds and sign an agreement similar to the
one proposed by the City and if they would, it
could be entered on the Council agenda for July 11,
1977 for Council vote.
At approximately 7: 20 P.M. , Mayor Van Nest,
` Councilmembers Massengale, Paurus , Pesek,
� Bruce Malkerson, and Administrator Benson drove
to the North Shore Drive Marina and met with
� Mr. Hork, Bruce Douglas and two associates from
idr. Douglas ' office. There followed numerous
` questions concerning amount of slips, revenues
obtained from the rental of their- slips and
general terms of a proposed agreement to be
� acted on by the City.
(Continued)
�
� .
EXECUTIVE SESSION OF THE ORONO COUNCIL, JUNE 30, 1977 Page 3
The City Council viewed the premises and in- NORTH SHORE DRIVE MARIN
� structed the attorney to offer the fol�owing (Continued)
� as a possible agreement in the experiment in
zoning:
l. Twenty-four of the 48 to be used for rental
+ slip storage with 20 or 24 of the water slips
to be removed.
2. Restructuring of the slips in such a way so
there is a walkway along the lagoon with two
slips at each end of the lagoon.
� 3 . Berming of the parking lot in a way acceptable
� to the City Engineer with two baffleweirs at
the end of the berm to eliminate the discharge
of the storm water runoff and the pollutants
into the lake and constant cleaning of same
r by the marina.
, 4. Erection of the 19 foot poles.. but only one
set of crossbars unless the engineer certifies ,
tliat it is necessary to add the additional
__ crossbars for stability. In no event may
the third tier of the rack be used.
5. The construction of a fence ten feet high on
both sides of the property approximately half
way down between the property and the residential
� zone and a construction of a fence six feet high
along the highway; all fences to be wooden and opaque.
6. Different language re transient use of facilities
by boats and for repair.
7. Some sort of payment agreement other than the bond.
8. Incorporation of rest of terms in the agreement.
� - 9. Additional language that Hork would have 30 �0 60
� days for the landscaping but that the fence must be
constructed in X number of days.
10. That the plans must be certified to by the engineer
prior to construction.
Attorney Bruce Malkerson was instructed to meet with
Mr. Douglas during the following week to redo the
� agreement to be submitted for Council review at their �
- July 11, 1977 Council meeting. , �
i � /��� � �
. � � /
i iam . an Nest, Mayor
Attest: �
j-Jalter . enson, C er -Administrator
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