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HomeMy WebLinkAbout07-11-1977 Council Minutes . CITY OF ORONO • : � . 4 � Regular Meeting of the Orono Council, 7: 00 P.M. July 11, 1977 The Orono Council met on the above date with • the following members present: Mayor Van Nest, � Councilmembers Butler, I�Iassengale, Paurus, and Pesek: Also present: City Administrator Benson, , Building & Zoning Administrator Muhich, and City Attorney Malkerson. � � Paurus moved, Butler seconded, that the Minutes MINUTES • of the Regular Meeting of June 27, 1977, be June 27, 1977 approved. Motion, Ayes (5) - Nays (0) . � � � Butler moved, Massengale seconded, that the MINUTES Minutes of the Regular Meeting of June 13, June 13, 1977 • 1977, be approved. Motion, Ayes (5) - Nays (0) . • � Butler moved, Massengale seconded, that the MINUTES Minutes of an Executive Meeting of June 30, 1977, June 30, 1977 � be approved. Motion, Ayes (5) - Nays (0) . • No comments from the Park Commission. PARK COMMISSION No comments from the Human Rights Commission. HTJMAN RIGHTS COMMISSION • Councilmember Paurus reported on the Executive LMCD REPORT � � meeting held July 9, 1977 of the Lake Minnetonka Conservation District. Discussed was the definition '� of riparian rights, the City' s responsibility and • determination of lake accesses and land planning rather than water planning. � � No comments from the Planning Commission. PLANNING COMMISSION � The resolution for the Victoria Grai.n Company, VICTORIA GRAIN COMPANY � 500 North Arm Drive, was tabled until the 500 North Arm Drive • meeting of July 25, 1977. #200 � � � � � � � . � ' REGULARrMEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page 2 � Henry Muhich, Building & Zoning Administrator, NORTH SHORE DRIVE MARINA reported to the City Council that his department 3322 North Shore Drive � �lad completed a boat count of all marinas and #235 . that this information was set forth in a separate Larry Hork memo. Mr. Muhich noted that in 1976, North Shore ! Drive I�arina was authorized 95 slips and in 1977, 95 slips. The count taken shows 88 slips on the � lake, 79 occupied and nine unoccupied. In the lagoon, 19 slips were available, one of which was � enpty. Total slips were 107. There were three • boats not in slips and three boats not in the lagoon for a total of .113 slips or boats in the water. � There were 36 boats on land, three boats being serviced and seven boat hulls on the property for � a total of 46. There were 97 boats on the property in slips, six not in slips and 46 dry stored for � a total of 149 boats , plus ten empty slips. Mr. Hork noted that seven boats in the water were there for � service. , Mr. Bruce Malkeson, City Attorney,noted that � on June 13 , he had been instructed to draft an agreement which would provide an alternative � to the denying of the application for a variance and building permit. � • This agreement was reviewed at the June 27, 1977 "ouncil meeting. The City Council at that time, � �onceptually moved to deny the request to construct two storage units and instructed the City Attorney � to prepare a resolution for the next meeting. Subsequent to that time, there was a meeting witYi' � the applicant and the City Council to discuss an apparent misunderstanding of the facts by the � applicant. Now, staff has redrafted the agreement • again which is before the Council for review. � Mr. Bruce Douglas, Attorney for Mr. Larry Hork, owner of North Shore Marina, stated that his client � wanted to be able to install a roof for winter only. � If the third tier was not required for structural strength in the summer, it would not be added � until the winter. Mr. Hork wants to construct . the fence where it would please the property owners. Mr. Hork would remove 20 boats from the � water and construct the berm. Mr. Hork would like 90 days for transient users. Mr. Hork wants � to place the variance and building permit application in abeyance. � . Mayor Van Nest asked if this agreement were continued after the initial term, would Mr. Hork remove the , �lips. Mr. Hork stated that he would want to study the effect of the dry stack storage to determine the number of slips he needed in the water in the lagoon for staging. (Continued) / � r ' � ' REGULA,R MEETING OF TIiE ORONO COUNCIL, JULY 11, 1977 Page 3 e Mayor Van Nest stated: You are asking us to allow NORTH SHORE DRIVE MARIN you 48 dry stacked storage slips and yet you are (Continued) • not willing to take out the water slips as you . had previously promised. ' Mr. Hork replied he would take out the water slips once he knew what his staging requirements � were. � Mayor Van Nest: You are asking us to allow you 48 dry stack storage slips and yet you are not � willing to take out water slips as you had • previously promised. � Mr. Hork: I will take out water slips once I know what staging requirements will be. � Mayor Van Nest: We never discussed previously � allowing storage of more than 48 boats on the . racks, summer or winter. Orono is concerned with adequate screening in the winter since all • deciduous trees are without leaves. The recent draft of the agreement does not address itself � adquately to limiting the height of the racks to 15 ' , allowing poles to reach 19 ' . � Councilmember Paurus noted that there are so many � changes being proposed that the City Council . should table this matter until the next Council meeting to allow ample time for review. We � understood that 50% of the 48, or 24 slips would be removed from the water. � Mr. Bruce Douglas stated that we have only been � concerned with 20 boats. Mr. Hork remarked that 18 boats have been in for repair since May waiting � for parts. Comments were made that 90 days for • transient users is unreasonable. � Discussion followed concerning a 30 day limit to repair boats from May 1 to September 30 and 90 � boats for repair and transient SePtember 30 to April 30. Mr. Hork agreed to this proposal. � • Mayor Van Nest recommended the following language to the agreement: � At no time may there be over 75 rental wet slips, 20 � dry storage rental slips, and 55 other boats on the property except for transient users which may not � be on the premises over 30 days nor in excess of 10 in number at any time without the authorization � of the City Building Inspector during the time • period of May 1 through September 30. (Continued) � � i � � �REGULAR1MEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page 4 � Mr. Douglas referred to the fence commenting NORTH SHORE DRIVE MARINA that they will install the fence wherever the (Continued) � ity so chooses. � �-Ienry Muhich, Building & Zoning Administrator, � noted that a ramp was built at the lagoon without a permit. There are also complaints on debris � next to the service shed. � Jo Ellen Hurr, 930 Partenwood Road: Is North . Shore Marina in compliance with codes? � Howard Meagher, 3980 Dahl Road: We have to establish controls to regulate marinas, docks, and boats to � protect Lake Minnetonka. � Jason Becker, 3145 Pdorth Shore Drive: Orono should not allow marinas to expand and felt that this � agreement was an unwarrented expansion of marinas . in that district. Orono will need additional funds to support additional policing, which will put a burden on the taxpayers. � Herman Renner, 3180 North Shore Drive, complained about: � • 1. Expansion of existing uses. . Oil and other contamiants in the water. + �. North Shore docks interfering with residential property � Bruce Douglas: My client' s proposal should relieve � Mr. Renner' s concerns. � An unidentified person complained: � � l. Inadequate parking spaces as required. 2. Marinas have reached a point where expansion � should not be allowed. � Herman Renner complained of exhaust fumes from boats that enter his home because of closeness of marina � docks. � Mr. Bruce Douglas: The public should be aware that � this agreement is a chance to regulate marinas. Present codes are antiquated and have to be updated. � Riparian rights have to be addressed to. Mr. George Johnson, attorney representing the Lake . Minnetonka Improvement Association, stated that: + _. Expansion should not be allowed. 2. Orono should be very cautious and consider the � impact on the lake. 3. A public hearing should be held. (Continued) � RECULAR MEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page 5 4. Environmental impact statement should be NORTH SHORE DRIVE MARINA submitted by the marinas. (Continued) � '�. This proposal is an expansion of a non-conform- ing use. 6. Council is setting a precedence in , allowing dry stack storage and heights of over 15 ' . 7. Diminution of values of the surrounding property owners. � 8. Densities will increase on an already overloaded lake. 9. Mr. Hork has already constructed without a . variance or building permit and that marinas are already acting contrary to law in expanding further into public waters. � Mrs. Courtney, 3210 North Shore Drive: � l. Noise 2. Dredging which was done two years ago took years to stop affecting her beach. Bruce Douglas: Expansion is a matter of perception. Boats will be removed simultaneously with racks being built. We are talking about a practical problem whi�� requires a solution. Ir. Larry Hork: I will take slips out of one side �f the lagoon and construct a walkway there. Councilmember Massengale: Orono has to determine how a staging area works in reference to slips in � the lagoon. � Bruce Douglas: We want to experiment with the • staging area for boats in the lagoon. � Larry Hork: I will agree to an experiment in boat slips. � Mayor Van Nest noted options of the Council at this time, they are: � l. Deny by resolution 2. Redraft agreement. � Mayor Van Nest moved, Pesek seconded, to hold a special Council meeting and Public Hearing on Monday, July 18, 1977 at 7: 00 P.M, to discuss the proposed agreement and instructed staff to work with the North Shore Drive Marina in redrafting the agreement with final action at the July 25 , 1977 ^.ouncil meeting. Motion, Ayes (4) - Nays (0) . �ouncilmember Paurus abstained. (Continued) + � � � RFiGUL �R MEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page 6 The City Council directed the City Attorney to NORTH SHORE DRIVE MARIN� redraft the agreement with the following changes: (Continued) � l. 20 boat slips to be removed. 2. Dedo Exhibit D as to the footings. 3. Add language concerning commencement of screening by September lst and completion by September 30th. 4. That the fence should be commenced by September lst � and completed by September 15th. 5. That the fencing and location and type be approved by the City. 6. That the berms and weirs be of a type approved by the City. 7. That the slips and the staging lagoon area be changed for use for the dry stack staging only, � with only two slips at the end of each of the • wharves on each side of the lagoon. 8. The boats can never be in the lagoon except for staging and those slips cannot be used for repairs of boats. 9. The berm must comply with the Minnehaha Creek YJatershed District and the City Engineer. 10. The transient boat users cannot be there over 30 days or exceed ten in number from May lst to September lst. 11. During the period of September lst to P�Iay lst, staff should make suggestions concerning number of boats. 12. To add a provision that a public hearing will be held prior to any extension. 13. That the exhibits should be corrected as noted. � 14. That the City Attorney should underline the changes in his draft previously provided to the City Council. � � � � REGULAR' MEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page 7 Henry Muhich, Building & Zoning Administrator, SERVICE STUB informed the City Council that Richard Breustedt, 2675 Shadywood Road 2 6 7 5 Shadywood Roac' , requests a reduction of utiliy fees #2 4 6 or provide utility service to property line of Richard Breustedt new parcel. Copies of the utility as-built plans along the Breustedt property were presented. It appears two sewer service leads have been provided to the property line of the original parcel. The plans indicate only one water service lead but pipe size is not shown. I am sure, if the two lots existed at the time the services were installed, all the services would have been extended to the property lines and the cost included in our original assessment. If we paid for this cost today, we would have no means of redeeming this cost. - The development should be responsible for any additional costs incurred in the increased density. Mayor Van Nest moved, Butler seconded, to table the request of Richard Breustedt, 2675 Shadywood Road, until the meeting of July 25, 1977 for the City Engineer' s recommendation. Motion, Ayes (5) - Nays (0) . Henry Muhich, Building & Zoning Administrator, CURB CUT & PLANTING read into the record the following of North North Star Marina Star Marina for dredging and identification of #242 County Road access with curbs and planting: Dennis Hanson of the Hennepin County Public Works Department, Ray & Paul Kempf of North Star Marina, Greg Frank and Henry Muhich met on the site in regard to access , curbing and planting along County Road #51. The Kempfs presented a proposed sketch for review. Mr. Hanson agreed that two accesses would be permissible on a frontage exceeding 200 ' in length. The I�empfs inquired if the County would share in the project, but Mr. Hanson informed tham that property owners were responsible for all improve- ments on the right of way fronting their property. I am sure they will be asking the City to participate. _ We discussed the specific items regarding the • planting islands. l. Curb - concrete, asphalt or wood. County would approve concrete or asphalt. I think concrete would be the most substantial. 2. Planting - grass and trees. Okay, but County � would restrict the height of bushes to 3-6 ft. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page g � 3. Accesses - 50 ft. and 65 ft. County seemed CURB CUT & PLArdTING � agreeable. I think we could reduce the 50 ft. North Star Marina access some. Our City roads do not exceed 32 ft. (Continued) ' in width. The approach radii added to the 50 ft. � access seems exceedingly wide. � The Kempfs will now proceed with preparing a site plan. When it is submitted, I will include the � proposal on the Council agenda for your review I ' before forwarding it to the County for approval. I Butler moved, Massengale seconded, to table the request of North Star Marina until further informa- � tion is available. Motion, Ayeas (5) - Nays (0) . 1 Henry Muhich, Building & Zoning Administrator, SUBDIVISION � read into the record the request of Robert F. 320 Woodhill Road I White, 320 Woodhill Road, for a subdivision, #275 dated June 15, 1977 , which states: Robert F. White � Applicant is requesting division of his existing � five acre tract into two lots; the one with the existing house to have 2. 7 acres, the one with a � proposed house to have 2. 3 acres, all dry. The division line is located where shown due to the � sharp hill crest at this location. The proposed � ' lot would exceed 200 ft. in width, but is only 140 ft. deep at the proposed house location. � Because of this, the applicant is also requesting a 20 ft. rear yard setback variance (from 50 ' to 30 ' ) � for the proposed house. The rear yard abutts the Woodhill Country Club property. No other structures � are nearby. � A septic system design has been submitted and sent i to the City Engineer for his review. The division would be subject to the standard park dedication � fees and should include requirements for the private easement. � A public hearing has been scheduled for July 5, 1977 at 7: 30 P.M. Planning Commission Meeting - July 5 , 1977 The Planning Commission received a copy of the engineer' s review and approval. On the subdivision, the only concern was the access problems on Woodhill Road. Planning Commission wanted to ensure that access would always be over the existing driveway • and that no new access would be developed. (Continued) � � RE�ULAR MEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page 9 � Recommended approval of the subdivision subject SUBDIVISION to maintaining the existing access, to providing 320 Woodhill Road �rivate easements for the access drive to each lot, #275 � and to a park dedication fee being paid. (Continued) � On the variance, there were que�stions about future development on the golf course property and that � no reason could be found to require the setback variance. Variance tabled for more information. • � Council Meeting - July 11, 1977 � Butler moved, Massengale seconded, to approve the prelirninary subdivision for Robert F. White, � 320 ��oodhill Road, per the Planning Commission recommendations, subject to the existing drive � as on outlot. Motion, Ayes (5) - Nays (0) . s � Henry Muhich, Building & Zoning Administrator, SUBDIVISION read into the record the following request of 4220 Watertown Road � Robert Wyatt, 4220 Watertown Road, for a sub- #137 division, dated September 27, 1976 : Robert Wyatt � Denied approval of final plat and instructed • applicant to submit proper final plat for • Planning Commission and Council consideration. � Planning Commission Meeting - October 4, 1976 � No action as no revised plans were submitted. � Staff - July 1, 1977 � Received hardshell and mylar copies of record � plat for final subdivision review. The drawing is certified by Ronald Swanson, Cert. No. 10183, � and is the same configuration and size as was preliminarily approved by Council on July 26 , � 1976. Tentative approval has been given by the County highway department for the proposed access i on County Road #6. Lot 1 is presently occupied • by the original house which must be removed prior to January 26, 1978 (per Resolution #699) , and � by the moved-in house which has not yet been approved for a certificate of occupancy due � to uncompleted construction. ` Planning Commission Meeting - July 5, 1977 � Discussed applicant' s delays in submitting the ' � required final plat. Considered County highway �epartment request per letter of June 28, but etermined that dedication of additional right of way on the narrow access drive would be a hardship � to the applicant at this late date. + Recommended approval as submitted subject to park dedication fee being paid. (Continued) .� � • � REG�JLRR 11MEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page l� � Council Meeting - July 11, 1977 RESOLUTION #796 Wyatt' s Addition to � �utler moved, Massengale seconded, to adopt Orono esolution #796, A Resolution Approving Wyatt' s � Addition To Orono. Motion, Ayes (5) - Nays (0) . � • � Henry Muhich, Building & Zoning Administrator, VARIANCE read into the record the following request for 920 Forest Arms Lane � a variance of John Gullickson, 920 Forest Arms #250 • Lane: John Gullickson, Jr. � Council Meeting - June 13, 1977 S Status report. Applicant not present. Mr. Gullickson, Sr. will be submitting variance � application for adjoining lot shortly. • Tabled until staff can confirm whether original application by Mr. Gullickson, Jr. has been � withdrawn. � Planning Commission Meeting - June 20, 1977 • . John Gullickson, Jr. not present. Mr. Gullickson, • Sr. x'equested tabling for his son. Application • tabled pending receipt of a purchase agreement ,howing interest in Lot l. � Planning Commission Meeting - July 5, 1977 � John Gullickson, Jr. present for first time since � April 18 work session. He presented purchase agreement dated March 1, 1977, before the March 25, • 1977 variance application. � Planning Commssion recommended approval of the lot � area and lot width variances subject to no other variances required. Commission found the lot to � be in single separate ownership since September 1966 , to be consistent with the other lots in the area � and to be serviced with sewer and adequate paved public streets. � • Council Meeting - July 11, 1977 � Mayor Van Nest moved, Pesek seconded, to approve the variance request of John Gullickson, Jr. , � 920 Forest Arms Lane, per the Planning Commission recommendation of July 5, 1977. Motion, Ayes (5) - � Nays (0) . � � � � � � • � RECULAR�MEETING OF THE ORONO COUNCIL, JULY 11, 19'�7 page 11 � Henry Muhich, Building & Zoning Administrator, VARIANCE read into the record the following request of 1056 Loma Linda yonald Ekeberg, 1056 Loma Linda, for a lot area #276 � and width variance, dated June 15 , 1977, which Donald Ekeberg states: � • Applicant is requesting a variance for construction � of a 12 X 15 addition to his existing house. The � home itself was built subsequent to a variance approved in October, 1974. The addition would � meet the required side yard and lakeshore setbacks (the NE corner is just 75' from the top of the � shore bank) and is in an area presently occupied by an open deck. The addition would not extend • past the adjoining home. � Lot Area Required - 43,560 sq. ft. ; Actual 10,250 sq, ft. ; ��ariance 33,310 sq. ft. (76$) � Lot lti'idth Required: 140 ft. Actual - SO ft. �'ariance - 90 ft. = 64$ � Hardcover: Existing - 1,752 sq. ft. = 17$ Addition - 180 sq. ft. = 1.8$ • � . Total Proposed - 1,932 sq. ft. = 18.8g (no variance required) � Planning Commission Meeting - July 5, 1977 � Recommended approval because addition would not � obstruct the neighbor' s lake view and does not ncroach on the lakeshore setback area. � � Council Meeting - July 11, 1977 � Butler moved, Massengale seconded, to approve the variance request of Donald Ekeberg, 1056 Loma ` Linda, per the Planning Commission recommendations of July 5, 1977. Motion, Ayes (5) - Nays (0) . • • Henry Muhich, Building & Zoning Administrator, VARIANCE . read into the record the following request of 473 Tonkawa Road Ray Uloth, 473 Tonkawa Road, for a variance, #277 � dated June 15, 1977, which states: Ray Uloth � Applicant is reguesting a lot area variance for construction of an addition to his existing home. � The proposed addition will meet all setback requirements. There is an existing garage on � the property very close to the highway. Mr. Uloth � states that his plans are to eventually remove this and replace it with a new garage north of the house. � I think that we should encourage that plan. � The property is now three separate parcels (Lots 3 & 4, �nd part of Lot 5; and Lot 6 and part of 5) which hould be combined into one parcel. Lots 1, 2 , 15 & 16 . were the subject of a variance approved in February, so no additional land is available for this property. � (Continued) � � • � �REG,ULAR �MEETING OF THE ORONO COUNCIL, JULY 11, 1979 Page 12 � Lot area required - 43 , 560 sq. ft. Actual - VARIANCE 25, 000 sq. ft. Variance - 18, 560 sq. ft. No 473 Tonkawa Road �ther variances required. (Continued) � Planning Commission Meeting - July 5, 1977 � Discussed existing garage and Mr. Uloth' s desires � to remove it within three years if financially able to do so. Commission encouraged this, but � felt that this application stood on its own . merits. Recommended approval because proposed addition would meet all setbacks subject to i legal lot combination of the three existing parcels into one. � Council Meeting - July 11, 1977 � Butler moved, Massengale seconded, to approve � the variance request of Ray Uloth, 473 Tonkawa • Road, per the Planning Commission recommendations of July 5, 1977. Motion, Ayes (5) - Nays (0) . � � Henry Muhich, Building & Zoning Administrator, VARIANCE read into the record the following request of 940 Forest Arms Lane • John Gullickson, Sr. , 940 Forest Arms Lane, #279 � dated June 15, 1977: John Gullickson, Sr. � .r, Gullickson is seeking a variance to construct a new residence on Lot 2, Block 1, Country Club � Addition. This lot is adjacent to vacant Lot 1 which is the subject of a similar variance � application, File No. 250. Enclosed is a copy of that application and the property history and + map prepared for same. The facts still remain • that individual Lots l, 2 & 3 are each 1/2 acre or less in the one acre zone, each have been under ,� single separate ownership since April 25 , 1967, and that all are still vacant, providing available � land for expansion. If two building sites were allowed on the three lots, each would come very • close to the minimum 80� area reguirement in the sewered district. � � Lot 2: Required area - 43,560 sq. ft. Actual area - 19,140 sq. ft. (44g) . Variance - 24, 420 sq. + ft. = 56$. Lot width and proposed setbacks meet the requirements. • Planning Commission Meeting - July 5, 1977 � • John Gullickson, Sr. present. Discussed this lot, �ts ownership history and the unsuccessful attempts o combine it with the adjacent vacant lots. (Continued) � � � � ' � RE(�ULAR� MEETING OF THE ORONO COUNCIL, JULY 11, 19�7 Page 13 � Planning Commission recommended approval of a VARIANCE lot area and lot width variance subject to no 940 Forest Arms Lane �ther variances required. Commission found the (Continued) • ot to be in single separate ownership since April, 1967, and to be serviced with municipal � sewer and paved public streets. � Council Meeting - July 11, 1977 � Mayor Van Nest moved, Peske seconded, to approve . the variance request of John Gullickson, Sr. , 940 Forest Arms Lane, per the Planning Commission � recommendations of ,7uly 5, 1977. Motion, Ayes (5) - Nays (0) . � � Henry Muhich, Building & Zoning Administrator, VARIANCE read into the record the following request of 2175 Shevlin Drive • Joseph Reycraft, 2175 Shevlin Drive, dated #280 . June 15, 1977, which states: Joseph Reycraft � Applicant is requesting a variance for the addition of an enclosed porch to the rear of � the house. The porch would not encroach on any existing setbacks, but variances are * required for lot area and the existing front , setback. • Lot area required: 87,120 sq. ft. - Actual - 45,600 sq. ft. - Variance 41,520 sq. ft. (5%) . � Front setback required: 50' - Existing 47 ' - variance 3' (6$) . Hardships: adjacent property � developed. • Planning Commission Meeting - July 5, 1977 � Recommended approval because all setbacks are . met. � Council Meeting - July 11, 1977 � Butler moved, Massengale seconded, to approve the variance request of Joseph Reycraft, 2175 Shevlin � Drive, per the Planning Commission recommendations � of July 5, 1977. Motion, Ayes (5) - Nays (0) . � Henry Muhich, Building & Zoning Administrator, VARIANCE � read into the record the following request of 140 Leaf Street William F. Stewart, 140 Leaf Street, dated #281 r June 15, 1977, which states: William F. Stewart � Applicant is requesting variances for construction �f an addition, an open deck and a detached garage on property presently occupied by his house. Basic � lot area and width variances are required for the house addition as follows: (Continued) � i � � RE�ULAR' MEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page 14 � VARIANCE 140 Leaf Street � (Continued) � Lot Area Required - 87,120 sq, ft. ; Actual 32,000 sq. ft. ; �'ariance 55,000 sq. ft. (f � Lot 19idth Required - 200 ft. ; Actt�al 180 ft. ; Variance 20 ft. (10$) Front Setback Required - 50 ft. ; F�isting 37 ft. ; Variance 13 ft. (26$) � � The addition would not encroach any setbacks and I see no problems here. There is a very � serious question about the proposed garage location. The applicant wants to raise the level • of the garage high enough to avoid a driveway c�rade wllich he contends is too steep to negotiate � in the winter. The problem is the reduction of • an already short front setback combined with the opening of garage doors very near to the street. ' Note also the rise in the road just north of this location. By placing the garage back � farther, at least in line with the house, room is left for a turn around. Applicant is worried � about foundation and fill costs by building over • the existing driveway, but site inspection indicates that the retaining wall is already * holding a filled area requiring the same foundation provisions. � ` Garage location requirements: RR-1B Zone - 50 ft. setback 31.380 Absolute minimi.un setback for doors opening � to street is 30 ft. - proposed distance is 18 ft. � Variance - 32 ft. = 64$ and 12 ft. = 40� � Planning Commission Meeting - July 5, 1977 � Lengthy discussion of the reasons applicant wishes to locate his garage so close to the street. Al � Olson stressed that foundation provisions and, therefore, costs would appear to be very similar � whether the garage is located as shown or would . be located farther back over the existing driveway in the winter. The suggestion was made to open a the garage doors off the south side thereby allowing a turn around and reducing the visibility � problems on the road. There is still the matter of an extreme front yard setback variance. • • Commission recommended approval of the small rear addition to the home and also approval of the � indicated location for the garage "with the desire that the applicant investigate the possibility of + relocating the garage doors and drive access from �he front (west) to the south side" . (Continued) i • • � ' � REGULAR� MEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page 15 � Council Meeting - July 11, 1977 VARIANCE 140 Leaf Street �assengale moved, Pesek seconded, to refer (Continued) • he request for a variance of William F. Stewart, 140 Leaf Street, back to the Planning � Commission to document hardship and public safety. Motion, Ayes (5) - Nays (0) . • � Henry Muhich, Building & Zoning Administrator, VARIANCE read into the record the following request of 1325 Vine Place • Robert Horne, 1325 Vine Place, dated June 29, #283 . 1977, which states: Robert Horne � Applicant is requesting variances to lot area and lot width for purposes of making a screened porch � addition to his home. The proposed porch would meet the required 10' side yard and the 75 ' lake- A shore setbacks. The proposed porch and the existing home are set closer to the lake than the � neighbor' s homes, particularly the neighbor on � the lot immediately south. � Variances: � Lot Area Required - 43,560 sq. ft., Actual - 23,800 sq. ft., Variance - 19,760 sq, ft. (� � Lot Width Required - 140 ft. , Actual - 70 ft., Variance - 70ft. (500) - F�cisting Building Setbacks - Front 23 ft. , 35 ft, required, 12 ft, variance � - Side 9.8 ft. , 10 ft. required, .2 ft. variance r Planning Commission Meeting - July 5, 1977 � Recommended approval due to meeting side yard and � lakeshore setback regulations. Though addition is ahead of south neighbor' s home, this neighbor � has indicated no objection. • Council Meeting July 11, 1977 r Mayor Van Nest moved, Paurus seconded, to approve � the variance request of Robert Horne, 1325 Vine Place, per the Planning Commission recommendations. � Motion, Ayes (5) - Nays (0) . � Henry Muhich, Building & Zoning Administrator, SUBDIVISION � read into the record the following request of 3120 Sixth Avenue North Michael Cloutier, 3120 Sixth Avenue North, for #175 � a subdivision, dated July 5, 1977, which states: Michael Cloutier � Following several meetings and much research, this ' � original preliminary subdivision proposal was �pproved by Council on Jaunary 10, 1977. Since one of the two lots did not meet the five acre area, I requested mylars and hardshells before • bringing it back to Council for final approval. (Continued) • • � � � RE�ULAR MEETING OF THE ORONO COUNCIL, JULY 11, 19'�7 Page 16 � The applicants have now changed the plat slightly SUBDIVISION so that both lots exceed five acres in area and 3120 Sixth Avenue North ya home currently exists on one of the lots. With (Continued) r those changes, the proposal now meets the require- ments for the simplified procedures. ♦ • The Council minutes of January 10, 1977, indicate � the preliminary was approved subject to waiving S the park dedication fee for the one lot. The minimum $250 park dedication fee for the other �, lot should still be paid. � � Staff - July 7, 1977 • Enclosed is a copy of a letter submitted by S Mrs. Cashmore (neighbor) today. The Cashmores are quite concerned about the drainage problems � that might result if the Park Board does not maintain the existing drainage channels. w Council Meeting - July 11, 1977 • Butler moved, Massengale seconded, to adopt RESOLUTION #802 • Resolution #802, A Resolution Approving The 3120 Sixth Avenue North • Division Of The Cloutier Property For Use By Michael Cloutier The Hennepin County Park Reserve District. � Motion, Ayes (5) - Nays (0) . ` Henry Muhich, Building & Zoning Administrator, SKI ORDINANCE • read into the record his letter to Mr. Brent Primus regarding the ski ordinance, dated � June 30, 1977, which states: � The City of Orono is considering amending the � current ski ordinance. Staff has prepared a preliminary rough draft of this ordinance. I � am enclosing a copy for your review. • After reviewing the draft, we would appreciate your meeting with Staff sometime prior to � July 15th so we might incorporate any suggestions � for Council' s consideration. � A final rough draft will be prepared for Council review at their meeting scheduled for July 25, � 1977. • Please contact us to arrange an appointment at . which time we might meet on the matter. • End of letter � - . - - (Continued) • � • � • � REGULAR' MEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page 17 � Council Meeting - July 11, 1977 SKI ORDINANCE (Continued) �ayor Van Nest moved, Paurus seconded, to defer � until the meeting of July 25, 1977 an amendment to the ski ordinance. Motion, Ayes (5) - Nays (0) . ' • ` Henry Muhich, Building & Zoning Administrator, BUILDING CODE ORDINANCE read into the record his letter to Mr. Bruce • Malkerson, City Attorney, concerning an amend- • ment to plumbing, mechanical, and building codes, dated June 30, 1977, which states: � I am enclosing a draft of the ordinance amendment � relating to adopting the current State Building and Plumbing Codes. I am adding the mechanical • code which I would like to start enforcing this year also. � � I checked the copy of Minnetrista' s code adoption ordinance you sent me. I would just as soon keep � our draft as is because Chapters l, 2, 3, & 4 of the UBC cover most of the regulations singled � out in Minnetrista' s ordinance sections 53. 020 through 53. 110. I also agree with the State • regulations of prefabricated buildings, so I • would not want to exclude Sections 301, 302 and 303. � End of letter • Council Meeting - July 11, 1977 • Mayor Van Nest moved, Paurus seconded, to hold PUBLIC HEARING DATE • a public hearing August 8, 1977 at 7: 30 P.M. Building, Mechanical, S concerning an amendment to the building, & Plumbing Code mechanical, and plumbing code. Motion, Ayes (5) - i Nays (0) . • Henry Muhich, Building & Zoning Administrator, ELIZABETH GARDNER SCHOOL • reviewed with the City Council his letter to Mr. Dale Fischer, Superintendent, School District � #277, dated January 26 , 1977, which states: � We have had some requests regarding the zoning � status of the Elizabeth Gardner School property. Our records indicate the� owner of this property � to be the Mound School District. Th�refore, I am forwarding this information to you so potential • purchasers are made aware of the status of this • property. �'I'he property is zoned LR-1C which is Residential with a minimum 1/2 acre area required for a build- + ing site. A change in ownership, even if it is put to a similar use (educational) would require � a conditional use permit approved by the Orono � City Council- (Continued) � ' t RE�ULAR' MEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page 1B � Henry Muhich letter to Dick IIenson, City ELIZABETH GARDNER SCHOOL Administrator, dated June 30, 1977, states: (Continued) �his is a copy of the letter I wrote to the � scliool Superintendent back in January. I have ` not heard if there has been any transfer of property, I hope not. The school was informed � of the status of the property some time ago. � End of letter _ � The City Council directed the Building & Zoning ` Administrator to send a letter to the school and church requesting status of the sale of the � Elizabeth Gardner School property. � Henry Muhich, Building & Zoning Administrator, MARINA RESOLUTIONS • reviewed with the City Coun�il commercial marina ' boat inventories and proposed resolutions for commercial boat dock licenses. The City Council i directed staff to follow up on all licensed slips and to finalize the resolutions for the � July 25, 1977 Council meeting. � Marina Boat Inventory � � The inspector inventoried all boats on the following marina properties on Jwie 23 � and June 24, 1977. • • North Stubbs Boat Paul's Gayle's Star � �v'orks titi'indk'ard Landin � 1977 application 134 98 63 66 119 � 126 � 1976 licensed slips 134 95 112 66 118 112 � occupied slips 82 99 43 39 103 91 _ erripty slips 20 9 10 6 - - � total slips 102 108 S� 45 103 91 ' • outside storage 68 99 - 4 7 88 • inside display - 18 - - - - � Total boats on property 150 216 43 43 110 179 • • Note that all boat density is lower than the licensed limits except at North Star • r3arina which has 13 more slips than their license allows. � � � � � • t � REGULAR' MEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page 19 � Henry Muhich, Building & Zoning Administrator, FEE SCHEDULE presented to the City Council a proposed fee �chedule amendment, which states: ♦ � • ZC2'�IING APPLICATIO'dS 7 Va ri an ce - $50 • � Conditional Use Permit - residential accessory use �30 � - prin cipal residential use (per unit) $SO - principal ca-�unercial or industrial • use $100 � Vacation - $25 per benefiting properties � - Min. �100 per request � Rezoning - �250 � Subdivision - sketch plan review by Planning Cor�nission $ 50 - preliminary plat review �250 • - final plat review $ SO « PRD Application - ca;�bined conditional use � subdivision fees � Riprap - staff review (normal riprap) no fee � - imusual riprap requiring engineer's report and Planning Canur►ission and Council action $ 65 • � Park Dedication Fee - per schedule in subdivision ordinance ` CITY LICEti'SFS � Ski Area Lic�se (Annual) - application �, inspection fee $175 - license fee (upon approval) $ 25 � Co7rvnercial Marina License - application fee (one time) $125 � - reneti+�al application and S inspectian fee (annual) $ 75 - each slip on water $ 2 � - each dry slip inside or in racks $ 2 . - each boat unit an land (st�ner � storage $ 1 � Joint Use Dock License - minimum joint fee (annual) $ 10 • - plus each slip � 2 � • � i i � (Continued) � • * , ' • Page 20 � C�.cnercial �'ennel License - applicatian and inspection fee (annual) $ 75 - license fee (upon approval) � 25 � Residential Kennel License (anrn�al) � 25 • • Septic Installation License (annual) � $ 10 � titiell Driller � Plumbers (state Iaw prohibits local fee) � Garbage Iiauler - flat rate per hauler $ 30 • Taxi (annual) � $ 10 � Cigarette Sales (per qtiarter) � 3 � 3.2 Beer Off-Sale (annual) $ 15 � 3. 2 Beer On-Sale (annual) $ 75 • • Sett�s (annual) �100 ' � BUILDING PER1�sITS � Building Permit - minimum fee . � 10 - normal fee (UF3C/SBC Standard Schedule) � - plan review fee (1JBC/SBC Schedule) � Pl�nbing Permit (per fixture) $2/fi�cture - �20 mini�rnIIn � 1�fwlicipal Connectical Permit - sewer $ 2p � - water _ $ 2Q � - 3/4" meter $ b0 / $ 85 i - larger meter on quote basis � Septic System - design review fee (std, system) $ 25 - design review fee (corr�r►ercial, industrial, � multi-family or single family variance) �100 - installation-repair permit � 20 • - ope rat ing license (annual) $ 25 � hell - installation permit � 20 ` - iru tallation peimit with test service $ 50 ,, 1�ioving - moving or lifting residential accessory building $ 2S - lifting residence - no move across lot lines $ 50 � - moving principal building $100 - pre-move inspection - within City $ 50 � - pre-move in�pectio�n - fmm outside City (25 mi. radius � max.) �150 � Ik„�olition - principal use ' � 20 � - accessory use $ 10 � (Continued) � � � ' � ` ' Page 21 ` Grading Pernut (without Bui)ding Pernut) consider UBC/SBC schedule � 1�k:chanical Pennits (when Unifornt }��chanical Code is adopted) � - single residential uses , S 10 � • • - cornmercial, industrial, multi-family UBC/SBC Schedule � Site inspection without pennit - when called by owner $ 10 per trip . � Inspection surcharge for work or application on Big Island or Lk�ering Island $ 25 per trip • Reinspection fee after failure to cornply with Building � or Zoning Code Correction yotice $ 25 � Fire Prevention Inspection no charge 7 Contract Inspections - Long Lake � Minnetonka Beach $ 25 per trip � Plan Review for Contract Cities regular Orono rates • . � r � T • . • • s � � • • • • - • � • • � � • ' i � ! � � RE�ULAR MEETING OF THE ORONO COUNCIL, JULY 11, 197'7 Page 22 � Paurus moved, Butler seconded, that the City FEE SCHEDULE RESOLUTION Attorney draft a resolution to amend the fee chedule for the City of Orono. Motion, • yes (5) - Nays (0) . � Mayor Van Nest moved, Butler seconded, that FEE SCHEDULE ORDINANCE the City Attorney draft an ordinance to � incorporate the revised fee schedule into the municipal code. Motion, Ayes (5) - Nays (0) . � � Mr. Bill Wear, Long Lake, presented the following BILL WEAR LETTER � letter to the City Council dated July 11, 1977: + Your permission is requested for the continual use of the building located on Highway #12 as � a garage for the sales , installation and service of automotive tires. � � End of letter � Council Meeting - July 11, 1977 � The City Council instructed Mr. Bill Wear to follow provisions of the ordinance. � � � � � � � � � � � � � � � � � � � � � • REGULAk MEETING OF TIiE ORONO COUNCIL, JULY 11, 19'77 Page 23 � Henry Muhich, Building & Zoning Administrator, STATUS REPORT informed the City Council that the following �items were being reviewed by the Planning � Commission for action at a later date: Home Federal Savings & Loan Association, 493 Park � Lane, ,variance; William �elley, 2340 Fox Street, �subdivision; Conley Brooks, 1125 Spring Hill � Road, subdivision; moratorium on dredging for purposes of duck pond construction; on-site • disposal ordinance; park status moratorium; • windmill ordinance; replatting ordinance; noise ordinance; boat density regulation resolution. � r Chief of Police Melvin Kilbo received the following LETTER OF COMPLAINT letter from Mrs. Earl Kane, North Star Marina • dated June 20, 1977, which states: � A problem has come up this summer that we have � never experienced in the 47 years we have had the property at 3332 North Shore Drive on County Road � #51, and that is the parking of the overflow cars of the customers of the North Star Marina on the � shoulder of the road in front of our place, in front of the marina and also toward th� Boy Scout � Road. At times, they even park on our side of the • road, which makes it difficult to get out of our driveway or get to our dock on Crystal Bay without � being run down by the fast driving around this "S" curve. � �9e have taken this matter up with the Village of r Orono, the police department, Dennis Hanson of the County Highway Department, and the sheriff' s patrol. � The latter advised me they would check into it. • Last summer we requested they slow the speed on this "S" curve from the Boy Scout Road and the Bohn' s � Point Road and were informed that the 35 mile speed limit posted near the filling station is sufficiently � slow for this area. Two years ago, a car ended up over the riprap on the shore of Crystal Bay � in front of our place at this speed. � The North Star Marina does not seem to want to ! cooperate with the Village nor their neighbors in that we are having problems with water runoff � whenever we have a heavy rain into our yard and the people living at 3330 North Shore Drive next � to us have had water standing 5 to 6 inches at their foundation since they filled in their grounds � when they expanded several years ago. They have � pumped out our. yard on one or two occasions but no one seems to be able to get t}:em to put in a � retaining wall to prever�t this. This has been brought to the attention of Al Olson, inspector � for the Village, without any results. (Continued) � � � � � � REGULA�t MEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page 24 � They also do not enforce or control the parking LETTER OF COMPLAINT of boats that come in to their docks for service, North Star Marina �since they park near our dock and past their lot (Continued) . line which is to be left open at all times. This happens on weekends when we are out there and is � aggrav,ating and unnecessary when they know the rules to be observed in the marina operation. � Their grounds are supposed to be kept clean, but � the removal of rubbish along the fence next to • our property has never been done, and the Village has made no attempt to see that this is done. � In spite of the fact that all of these matters � have been brought to the attention of the Village of Orono in the past, no one seems to have the � ability to do anything about enforcing the regulations. � I trust you can be of assistance. � End of letter � � Mayor Van Nest moved, Butler seconded, that the VARIANCE request for a variance of Nancy Curry, 776 Brown 776 Brown Road North � Road North, be approved. Motion, Ayes (5) - Nays (0) . � Mayor Van Nest moved, Butler seconded, that the RIPR.AP PERMIT � request for a riprap permit of Lester Melby, 2024 Shadywood Road � 2024 Shadywood Road, be approved. Motion, Ayes (5) - Nays (0) . � � Mayor Van Nest moved, Massengale seconded, to BOULDER BRIDGE FARM . approve the proposed Boulder Bridge Farm Shorewood Development letters as submitted to the Lake � Minnetonka Conservation District for the record. Motion, Ayes (4) - Nays (1) . Councilmember � Butler Nay. � Mayor Van Nest moved, Massengale seconded, to BID AWARD � defer the bid award for a front end loader for Front End Loader . the Street Department until the meeting of July 25, 1977, to allow for staff review of all bids as � submitted. Motion, Ayes (5) - Nays (0) . � Mayor Van Nest moved, Massengale seconded, to MINNETONKA CENTER OF � approve the lease for the Minnetonka Center of ARTS & EDUCATION LEASE . Arts & Education subject to "lessor agrees to indemnify and hold lessee harmless'-' ,on Page 5 Paragraph 9. Motion, Ayes (5) - Nays (0) . � � r � ' RE�ULAR� MEETING OF THE ORONO COUNCIL, JULY 11, 19'�7 Page 25 � Letter from the Lake Minnetonka Conservation LMCD BUDGET LETTER District to all Lake i�iinnetonka Conservations �istrict Municipalities, dated June 28 , 1977, tates: � • Attached is the 1978 Lake Minnetonka Conservation District budget which is generally categorized as � to purpose. � Minnesota Statute Chapter 907, Section 4 provides: " . . . expense of the district shall be borne by the � municipalities. The portion of the expenses borne • by each municipality shall be in proportion to its assessed valuation. " Section 5 provides: "The . board of directors of the district shall on or before July 1 of each year, prepare a detailed budget of � its need for the next calendar year, and certify the budget on that date to the governing body of � each municipality in the district together with a statement of the proportion of the budget to be � provided by each municipality. The governing body • of each municipality in the district shall review the budget, and the directors, upon notice from � any municipality, shall hear objections to the budget and may, after the hearing, modify or � amend the budget, and then give notice to the municipalities of modifications or amendments. It � ;hall be the duty of the governing body or board • ,f supervisors of each municipality in the district to provide the funds necessary to meet its proportion � of the total cost to be borne by the municipalities as finally certified by the directors, the funds � to be raised by any means within the authority of the municipalities and to pay the funds into the � treasury of the district in amounts and at times the treasurer of the district may require. The � municipalities may each levy a tax not to exceed . one mill on the taxable property located therein, to provide such funds. Said levy shall be within � all other limitations provided by law. " � If you have any questions regarding this budget or any particular information as it relates to � the activities of the district, these questions may be directed to Mr. Frank Mixa, Lake Minnetonka � Conservation District, Executive Director, � telephone: 473-7033. • Robert T. Brown, Treasurer Lake Minnetonka Conservation District � End of letter � � � � . REGULAR� MEETING OF THE ORONO COUNCIL, JULY 11, 19�7 Page 26 � Dick Benson, City Administrator, informed the City PETITION - SPEED LIMIT Council of the following petition for reduced speed North Arm Drive �imits on North Arm Drive, which states: � We are petitioning that the speed limit on North � Arm Drive, Orono, between Loma Linda Avenue and West Branch Road, be reduced from the present speed of � 45 miles per hour to 30 m.p.h. This length of road is approximately 4/10 of a mile long. North Arm � Drive running from North Shore Drive to Loma Linda and from �9est Branch Road around the Lakeview Golf � Course is already posted at 30 m.p.h. The feeling • of the neighborhood is that the 30 m.p.h. speed limit should continue in our area due to the following: � l. The number of homes along and adjoining the � stretch of road being discussed has increased to a point where it is now residential in nature. � There are 39 hornes affected by this speed limit . change. � 2. There are a large number of children crossing this section of road everyday. Three dogs � have been killed and several injured in the past two years. We would rather not wait for � a child to be hit to have the speed reduced. Many residents have observed near accidents � between young people and cars travelling at . 40 to 60 m.p.h. Below is a breakdown of the children in the affected area: � Nine - 1 to 5 years old � Fourteen - 6 to 10 years old Nineteen - 11 to 15 years old � 3. Cars coming from the northern rural areas � down North Arm Drive seem rarely to have � reduced their speed to 45 m.p.h. when driving through our neighborhood. This adds to the � already hazardous condition that exists with a 45 m.p.h. speed limit. � The following signatures are on the petition: � • Jon Leppla, 4040 Dahl Road Mr. & r2rs. Nelson, 4055 Dahl Road • H. Meagher, 3980 Dahl Road Andrew Dahl, 1055 North Arm Drive � Mr. & Mrs. McCurdy, 1045 North Arm Drive Mr. & t�rs. Conrad, 1015 North Arm Drive � Mr. & P�irs. Johnsoii, 4175 Firest Lake Drive Mr. & P�rs. Loughlin, 4215 Forset Lake Drive � �ir. & P�Irs. Teeter, 4225 Forest Lake Drive r. & Mrs. Franzel, 800 North Arm Drive Mr. & Mrs. Hoffman, 790 North Arm Drive P�r. & Mrs. Clark, 780 North Arm Drive Mr. & Mrs. Olson, 710 North Arm Drive � (Continued) � � ' REGULAR'MEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page 27 Mr. & Mrs. Lorenz, 720 North Arm Drive PETITION - SPEED LIMIT Mr. & Mrs. Carlson, 996 North Arm Drive North Arm Drive & Mrs. Starkman, 4080 Dahl Road (Continued) r. & Mrs. Walker, 4060 Dahl Road � Mr. & Mrs. Dack, 4035 Dahl Road • Mr. & Mrs. DeVine, 950 North Arm Drive Mr. & Mrs. Gotschall, 940 North Arm Drive � Mr. & Mrs. Glynn, 880 Windjammer Lane Mr. & Mrs. Romain, 870 Windjammer Lane � Mr. & l�irs. Kelly, 860 Windjammer Lane Mr. & Mrs. Bidwell, 835 Windjammer Lane � Mr. & Mrs. Vogel, 875 Windjammer Lane Mr. & Mrs. Morgan, 4265 Forest Lake Drive Scott Dongoske, 4250 Forest Lake Drive � Mr. & Mrs. LeMire, 4205 Forest Lake Drive Mr. & Mrs. Frenzel, 4210 Forest Lake Drive Mr. & P�Irs . Olson, 965 Forest Arm Lane Mr. & Mrs. Reimer, 945 Forest Arms Lane � Mr. & Mrs. Lange, 970 Forest Arms Lane • Mr. & P�Irs. Adams, 915 Forest Arms Lane Mr. & rSrs. Wolfe, 980 North Arm Drive � Massengale moved, Butler seconded, to adopt RESOLUTION #804 • Resolution #804 , A Resolution Requesting The Traffic Study Hennepin County Highway To Conduct A Traffic North Arm Drive � Study On North Arm Drive (County Road #151) . Motion, Ayes (5) - Nays (0) . ,ick Benson, City Administrator, informed the SYSTEM STATEMENT City Council that the following letter was � received from the Metropolitan Council concerning the Systems Statement, dated June 29 , 1977: � Letter pages 28, 29 , & 30 • Mayor Van Nest commented that the City of Orono does want to retain Areas 7 & 8 in Orono' s Sewer , � Service Area as a rural designation recognizing Crystal Bay and P�innetonka Bluffs areas as two � potential points of discharge requireing City sewer. � Paurus moved, Butler seconded, to instruct staff to request the E.P.A, to review Orono' s Comprehensive � Sewer Plan. Motion, Ayes (5) - Nays (0) . � � � � � _,�,J � ' , Page 28 • 4o1itah ' , Mefropoliton Councll � 300 Metro Square Building �o � , Seventh Street and Robert Street -ti � Saint Paul, Minnesota 55101 � OII� Q ti , Telephone(612) 291-6453 7 ''� �'` � �`� � � Office of the Chairman �'c s�` �iN c+t`�� � ' � june 29, 1977 � � Mayor Brad Van Nest City of Orono 3295 Carman Road � � Excelsior, MN 55331 Dear Mayor Van Nest: Tt-lis is the AZetro2olitan Council's official statement to y�ur ju�isdic�ion subject to �orr:;.i reconciliaticn procedures specified in the 1976 ivIetnopolitan Land iJse � . P1_an�ing Act. huthorization to transr.iit tris statPment to yotz was granted by ti:e Councii a� iis meetiiiy on june 23, 1977, and the statement is dated the same. � The procedures to ba used Far the reccnciliation af S�Stem Stateznents ar� 'veing consid�reri b;- t�e MeLr000iizan Co�sr�cil anci tr�� Land Use Ad;ris�ry Gommitcee and cvill bs availab�e soon. • ihe-next ��e�5 to be tak�n in CarTyL*1g Out rhP coordinated metropolitan-local � �?anni*�g p�ocess establisf�ed by the tdetropol�tun La:�d Planri.zg nct are as fo�lows: � I. L�.c�i revi�.w �f the Syst�in Statsme;.t and, if re�uested by thz local u;�it v,�it�ia fi0 days , a hearing on t'�e Syster,z Statement iollov�ing �he :e�or.�ili- � ation p�ocedures adopted b}• the Metropolitan Council on ypril 28, 1977. � 2. �-�paration of �ne local com��-ehsnsive plan, or amer.dmeat �f an existing • comprehensive plar., fn fsl�ill:nent �f the :equi.ements i� �ection 9 of the Act. • - 3. Transmittal of the c�mp:ehensi�e plar_ to adjacent �snits of government �� . and affe!:te� sc.�ool districts for review and co:r.ment. J • �. Tr�n�r:zittal o` t�-�z comprehensive plan �o �he Metroi.�ol�tan C�uncil � fcr r�Li:�w. � � This S�•st�m Starement contaias three parts as �alled for in I976 Session La�vs, i;hapter 127, Section 5. Pa:t I gives ths Metropolitan Council's estirnates of fu�ure popuiation, employmenc an� hous=r±g need� for your communit��. � � ... ,... , . � � :� • ' . Page 29 , . , . Paqe 2 .: . � " : _'.. .. . „ ._ � Part II tells h4w your �urisdiction is affected by �ndividual metropolitan system plans: transportation, airports,�waste management, and� recreation open space. It describes existinq and planned metropolitan facilities and conveys to you as_ �much information as possible about them to help locai planninq. Part III lists � - - - - _- - those sections of a comprehens�ve plan which legally may be excluded from your plan. Other than this exclusion, your local plan must include all of the mandatory � � elements of a comprehensive plan that�are identified .in Section 9 of the Metro- - - � politan Land Planninq Act. - The Metropolitan Council suggests that local units of government compare their existing plans and programs with the Metnopolitan Land Planning Act requirements and determine which parts of existing programs and plans can be used without preparing new ones. We strongly recommend that you submit a land use element to the Council for review and approval prior to preparation of the additional plaZ elements required by the Metropolitan Land Planninq Act. Plan content guidelines . will be available from the Council clarifying the level of detail and subjects that should be addressed in the comprehensive plan. These will be available subseGuent to the reconciliation of any disagreement with the S�stzm Statement. Th� Ccuncil will review local comprehensive plans to determine cor:zpatib+lity with each other and conformity with the four metropolitan systems described in this S�stem Statement. The Council is authorized to require a local governmental unit to modify any comprehensive plan which may have a substantial impact on or contain a substantial departure from these metropolitan system plans. The Act " also requires that the Metropolitan Council review and comment on the consistency of your local comprehensive plan with other chapters of the Metropolitan Development Gulde -- Development Frame�vork, Housing, Water Resources, Protection Open Space, Health and Law and justice. � The law prnvidss that the Council may amend System Statements. Amendments transmitted to you before January 1, 1978 must be considered in the plans of Iocal soverr_mental units prepared pursuant to the Planning Act. Amendments to the population, household and employment forecasts are being made this year and preliminary estimates were sent to each government on April 28, 1977. The letter accompanying those new forecasts tells the schedule for adoption of the new - forecasts and explains the importance of your participation in that process. The � Airports chapter of the Metnopolitan Development Guide is also undergoing revision. Other amendments may be needed based upon community response to the System Sta tement. ' � - ' . . ' ' • Page 30 Page 3 , � In carrying out the provisions of the Metropolitan Land Planning Act, a planning assistance grant program has been established whereby local units of govemment may. apply for grants or loans in preparinq comprehensive plans and ordinances under the provisions of this Act. Additional grant information may be obtained by contacting Linda Tomaselli of the Local Planning Assistance staff at 291-6517. � The Metropolitan Council and staff look forward to being of help to you in this cooperative planning process. Sincerely, METROPOLITAN COUNCIL � � � hn Boland C ha irm an jB:emp f cc: Alan Olson, Asst. Bldg. & Zoning Administrator (letter only) � - � � . � RECULAF MEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page 31 � Butler moved, Massengale seconded, to adopt ORDINANCE NO. 193 Ordinance No. 193, An Ordinance To Amend Minors - Liquor �hapter 42 , Sections 42. 010, 42 . 020, 42. 030 , 2. 040 and 42 . 060 Of The Municipal Code Of Orono � Relating To Liquor And Beer Regulations Regarding • Minors. Motion, Ayes (5) - PJays (0) . � A West Hennepin Assessment District meeting W.H.A.D. Meeting � will be held in the Administration building July 19, 1977 on July 19 , 1977 at 7: 00 P.M. � � A special work session for the City Council and SPECIAL WORK SESSION � Planning Commission will be held July 21, 1977 July 21, 1977 at 7: 00 P.M. to discuss riparian rights and boat � density reviews. r Dick Benson, City Administrator, stated that the ORONO DIAGONAL ROADS � City is in receipt of a letter from Hennepin � County dated June 30, 1977, regarding County Road 110, CP 7002 , and Orono Diagonal Road Proposals, � which states: � � have included with this letter a Feasibility Report prepared by the Department of Public Works regarding � the proposed construction of County Road 110 and • �ounty Road 15 in Mound to County Road 6 in Independence and the Orono proposal for a diagonal road f�om County + Road 6 to County Roads 19/84. This Feasibility Report is distributed to the staffs in order to clarify � issues before they are considered by the respective City Councils. � I have s�heduled a meeting between Jeff Nelson, Dick • Benson, Len Kopp, Earl Taylor, and representatives � of the DPW to discuss the Feasibility Report and the Hennepin County request for preliminary approval � of the County Road 110 , CP 7002 project at 9 : 00 A.M. on Friday, July 15, 1977, at the Orono City Hall. • James M. Wold, P.E. • Chief- Planning & Programming � End of letter � Mayor Van Nest moved, Massengale seconded, to � conceptually approve the proposed system revision as shown as Alternate #3 provided that the connect- � ing to Orono' s diagonal be completed as soon as possible. Motion, Ayes (5) - Nays (0) . � A . . . � � � REG�iLAR 'MEETING OF THE ORONO COUNCIL, JULY 11, 197'� Page 32 � Massengale moved, Butler seconded, to adopt RESOLUTION #803 Resolution #803, A Resolution Designating The Reimbursement of Funds �ty Treasurer As Applicant For Reimbursement nds Under The State of Minnesota Peace Officer � Training Board. Motion, Ayes (5) - Nays (0) . r • � Butler moved, Paurus seconded, to approve the TRANSFER OF FUNDS transfer of $32, 465. 08 from the Revenue Sharing Revenue Sharing • Fund to the General Fund, per the Acministrator' s memo dated July 11, 1977. Motion, Ayes (5) - � Nays (0) . � � Henry Muhich, Buildinct & Zoning Administrator, RECONSIDERATION reviewed the attached letter received from 3700 Bayside Road � John Burger, 3700 Bayside Road, dated July 7, 1977: John Burger #255 • Letter page 33 � Butler moved, Massengale seconded, to instruct staff � to gather information pertaining to taxes and establishing shoreline and property lines for � Council review. Motion, Ayes (5) - Nays (0) . • � Mayor Van Nest moved, Massengale seconded, to RECONSIDER MOTION ��consider a motion of June 27, 1977, page 26, James Gregory �garding James Gregory' s employment in the Street � Department. Motion, Ayes (5) - Nays (0) . � Mayor Van Nest moved, Massengale seconded, to � continue Mr. James Gregory' s employment in the Sewer & Water Department until further information • from the City Adriinistrator. Motion, Ayes (5) - . Nays (0) . � Mayor Van Nest moved, Butler seconded, to approve MERIT SALARY INCREASE � a 7� merit salary increase for Dick Benson, City Dick Benson Administrator, effective July 1, 1977. Motion, � Ayes (5) - Nays (0) . � Massengale moved, Butler seconded, to adopt RESOLUTION #805 � Resolution #805, A Resolution Requesting "NO No Parking - Navarre � PARKING" Signs On The South Side Of County Road #15 (Shoreline Drive) In The Navarre � Business District. Motion, Ayes (5) - Nays (0) . � � � � � � . �---�—' � Page 33 � � � July 7� 1977 � Members of Orono City Council Orono, Minnesota � , Dear Council Membere: � � • , � When I return to secure final approval of my subdivision (Burger's Bayside) at 3700-3�50 Bayside Road (your file �255), I request � your approval of access rights to the lake for both parcels of land in this subdivision. Such approval will require reversal � of your earlier decision to allow such rights for only one of the two properties. My reasons for asking this reversal are: � t(�!;;d BUkGER , ;�uo ��,rstoE koao 1. Professional real estate appraisers indicate that the value � �_,���J;cf�c.;;E, F,INN. of the property Z wish to sell is diminished by $10,000 � - without this lake access right. This is an undue hardship -4351 for you to impose on me. � - -- 2. Owners on both sides of my subject properties, most of them � with much less acreage and r�ch Iess frontage or no frontage . at all on Bayside Road or the lake, have access rights. Specifically, to the east of ine, each of four lot holders with 2 or less acres each have docks in � or approved; two of these four property awners have no frontage on the lake or on the road at all. All four of their docks are within about 400 feet of ny S east property line. To the west of my properties, three private docks are within 400 feet of my west property line, and within the 400 feet of shoreline � just to the west of this, five more private docks exist. This means that within 1200 or so feet of the ends of the 500 or so feet of shoreline opposite � �y properties there are 12 private docks--roughly one dock per each 100 feet � or so. In these circumstances it seeuLs inequitable and an umaarranted incon- , sistency to deny either of my two properties access to the lake. � 3. I own and pay taxes on four platted lots on the Iake (south) side of County 84 � (Bayside Road) opposite my subdivision. I have paid taxes on these lots every year since I acquired them. My predecessor ot•�ner acquired these lots precisely � to assure access to the lake for this frontage. These Iots never have been • (and, in fact, cannot be) used for anything but access to the lake; they are under water. Access to the lake over these properties via a sctiall private � dock would seem to be a reasonable and proper use of the sites. Denying such use denies any reasonable use of the property to me. � 4. As a practical matter, because of the rock formations in the lake and the shal- � lowness at this point, our intention is to negotiate with the buyer of 3700 Bayside Road, now served by a dock, an arrangement to use that dock along with � him when the proposed house at 3750 Bayside Road is built and occupied. Such • an arraagement would avoid any additional dock construction. However, inde- pendent and segarate access rights are essential for both sites to meet any � contingency that would sake such an attempted arrange�nt impossible or im- practical to effect or to keep in effect in the future. � For these reasons, then, I respectfully request approval of allocation of lake � access rights for both of the tracts in Burger�s Bayside, 3700 and 3750 Bayside • Road. � Thanks in anticipation of your consideration and favorable action in this matter. � Sincerely, � � � r � � RE�ULAR MEETING OF THE ORONO COUNCIL, JULY 11, 1977 Page 34 � Mayor Van Nest moved, Massengale seconded, th�t a PUBLIC HEARING DATE public hearing will be held on August 8, 1977 at Height of Structures 00 P.M. to review amending the P�Iunicipal Code • relating to height of certain structures. Motion, Ayes (5) - Nays (0) . • • � Mr. Bruce Malkerson, City Attorney, informed the PERSONAL LIABILITY City Council of the personal liability of the • City Council and Planning Commission, dated July 11, 1977, which states: • - � The Minnesota statutes and Supreme Court decisions grant limited immunity from tort liability to � Planning Commission and Councilmembers in order to encourage participation in government. � Although the immunity is limited, it is sufficient to protect the public officials in their handling • of matters before them. � A public official cannot be liable for any claim � relating to: � 1. A misrepresentation of the law. 2. The exectuion of a valid or invalid ordinance, � such as a platting or zoning ordinance. 3. The performance or failure to exercise or � perform a discretionary function or duty, • whether or not the discretion is abused. � The Minnesota statutes and the cases do not provide any immunity where the public official � acts outside his or her scope of authority or the actions are clearly illegal or prompted by r malice or fraud. � Although there are numerous cases in Minnesota � and in other jurisdictions concerning the immunity of public officials, the general rules of limited � liability are as set forth above. � End of inemo � Memo from Joan Lattin, Deputy Treasurer, dated • July 7, 1977, regarding liability insurance coverage, states that: � The City of Orono' s Liability Insurance is as � follows: � l. General Liability, limits $500, 000 single limit. 2. Fidelity, Forgery, and Faithful Performance, � $50, 000 (includes all employees) . Money and � securities lost inside and out, $2 ,000. (Continued) � i • � - . � REGULAR� MEETING OF THE ORONO COUNCIL, JULY 11, 197'7 Page 35 � 3. Public Officials Liability Coverage is PERSONAL LIABILITY intended to protect public bodies and their (Continued) � officials from claims of tortious lack of � judgment, misconduct (but not fraudulent, which is covered under Fidelity and Faithful Per- � fozmance bond) and gross negligence. Limits on this coverage is $1, 000, 000. � 4. Umbrella Liability limit is $5, 000, 000 on bodily injury, property damage liability, • medical payments per person and single limit • per occurance. This policy takes over after the $500, 000 general liability limit has been � exhausted. The premimum for the Umbrella Policy has increased 1. 17$ this year and we � have no written guarantee that the premimum will not increase the following year. � � Mr. Bruce Malkerson, City Attorney, informed the 1976 TAX REVIEW � City Council that the City is in receipt of a Carl Parten petition from Carl D. Parten and the Nature Nature Conservatory � Conservatory to review their 1976 real estate taxes and that the City has a choice of taking � charge of such proceedings or allowing Hennepin County to proceed. r Mayor Van Nest moved, Butler seconded, r_ot to roceed at City level but to moni.tor at County � evel. Motion, Ayes (5) - Nays (0) . � Mayor Van Nest moved, Butler seconded, to direct MULTI-DOCK USES � the legal department to review multi-dock uses and dry storage expansion at marina sites to determine � feasibility of a moratorium to allow further study of uses in these areas and to present this at the • speciai Council meeting called for July 18 , 1977. • Motion, Ayes (5) - Nays (0) . ` Pesek moved, Massengale seconded, that the LICENSES following licenses, be approved: Motion, � Ayes (5) - Nays (0) . � Cokato Plumbing & Heating - Plumber • Heins Plumbing & Heating - Plumber & Sewer Hookup, Sewage Disposal Installation � Hovde Plumbing & Heating - Plumber & Sewer Hookup, Sewage Disposal Installation � Steve Schmit Plumbing - Plumber & Sewer Hookup, � Sewage Disposal Installation � Stomberg Plumbing - Plumber & Sewer Hookup � � � � � � . . � REGJLAR 'MEETING OF THE ORONO COUNCIL, JULY 11, 1977� Page 36 � Butler moved, Dsassengale seconded, that the All BILLS Funds Accounts 1116 through 1153, 5545 through 5589 and Liquor Store Accounts 12009 through ` 12019 , be paid. Motion, Ayes (5) - Nays (0) . � Butler moved, Paurus seconded, that the meeting ADJOURNMENT � be adjourned at 12 :15 A. M. Motion, Ayes (5) - Nays (0) . • � • � j � � , • ,/ illiam B. an Nest, ayor • • ' � Attest: � - • alter enson, Clerk-Administrator � � � i � , i, � � , � � � �' - � � � � � r • _ � � � �