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HomeMy WebLinkAbout07-18-1977 Council Minutes � ' � + CITY OF ORONO ' � Public Hearing .& Special Meeting of the Council, 7: 00 P.M. July 18, 1977 � The Orono Council met on the above date with � the following members present: Mayor Van Nest, � Councilmembers Butler, Massengale, and Paurus. Councilmember Pesek absent. Also present: City � Administrator Benson, Building & Zoning Adminis- trator Muhich, and City Attorney Malkerson. • � Mayor Van Nest announced that this was the time PUBLIC HEARING • and place for the public hearing concerning the North Shore Drive Marina North Shore Drive Marina Agreement. The City Agreement � Administrator presented the Notice of Public Hearing, the Affidavit of Publication, and � the Certificate of Mailing. � NOTICE OF PUBLIC HEARING PUBLIC HEARING NOTICE � NOTICE is hereby given that the Orono City � Council will hold a special Council and Public Hearing in the City Council Chambers on Monday, � July 18, 1977 at 7: 00 P.M. concerning the North Shore Drive Marina Agreement. � All persons wishing to be heard will appear at • this time. � Dated: July 12, 1977 � � CERTIFICATE OF MAILING CERTIFICATE OF MAILING � I, Walter R. Benson, City Administrator of the City of Orono, Hennepin County, Minnesota, do � hereby certify that a Notice of Public Hearing • concerning the North Shore Drive Marina Agree- ment was mailed to the attached list of property � owners on July 14, 1977. � In Witness Whereof I have hereunto set my hand ' and seal this 14th day of July, 1977. � Attached - Mailing List - Pages 2 & 3 • � Persons present concerning the public hearing were: � Graydon McCulley - 980 Tonkawa Road Don Bohn - 3186 North Shore Dr. Mr. & Mrs. Grooms - 3065 North Shore Drive C. Parten - 1025 Tonkawa Road � Larry Hork - 3222 North Shore Drive Gloria McDonald - 3445 Crystal Barbara Courtney - 3210 North Shore Drive Bay Road • Mr. & Mrs. Carpenter - 905 Old Crystal Bay Rd. �Mr. & Mrs. Lyman - 825 Old Crystal Bay Road ��Mr. & Mrs. Fullerton, Jr. - 3400 Fox Street � Marshall Johnson - 838 Partenwood Road George Johnson - 835 Partenwood Road � Jo Ellen Hurr - 930 Partenwood Road � • l�ortn 5tar r�,arina Mr. 6 Mrs. Horst naren nroaersen 2 , � 3329 1�orth Shore Drive 3260 Bohn' s Pt. Rd. 3060 North Shore Dr. ' • ���7ayzata, Minnesota Wayzata, Mn. 55391 ' . Wayzata, Mn. 55391 55391 � . . Mr. & Mrs. Woolley yNorth Shore Marina 3220 Bohn' s Pt. Rd. Mr. & Mrs. Willis • 3222 North Shore Dr. p,�ayzata, Mn. 55391 3048 North Shore Dr. Wayzata, Mn. 55391 Wayzata, Mn. 55391 • � • � � Bruce Douglas Mr. & Mrs. Morrison Mr. & Mrs. Anthony � 247 Third Ave, South . 3225 Bohn' s Pt. Rd. 3115 North Shore Dr. Minneapolis, Mn. Wayzata, Mn. 55391 Wayzata, Mn. 55391 � 55415 � � Stanley Straley Mr. & Mrs. Bohn James Ross 1850 Palm City Road 3186 North Shore Dr. 3017 North Shore Dr. � Stuart, Fla. Wayzata, Mn. 55391 Wayzata, Mn. 55391 • . 33494 • Mr. & Mrs. Carlson Mr. & Mrs. Renner Mr. & Mrs. Grooms � 3262 North Shore Dr. 3180 North Shore Dr. 3065 North Shore Dr. Wayzata, Mn. 55391 Wayzata, Mn. 55391 Wayzata, Mn. 55391 � � Mr. & Mrs. Stauffer � 3268 North Shore Dr. Agnes Stetler Diane Hoff Wayzata, Mn. 55391 3160 North Shore Drive 3135 North Shore Dr. � Wayzata, Mn. 55391 Wayzata, Mn. 55391 � � Morco, Inc. Mr. & Mrs. Christianson Mr. & Mrs. Becker � Route 5 3182 North Shore Dr. 3145 North Shore Dr. h'ayzata, Mn. 55391 Wayzata, Mn. 55391 Wayzata, Mn. 55391 � • Helen Norum Donald Tharalson 3264 North Shore Dr. 3190 North Shore Dr. Mr- & Mrs� Lauer � 1430 Bohn s Pt. Rd. Wayzata, Mn. 55391 Wayzata, Mn. 55391 y,7ayzata, Mn. 55391 � � ' ?�ir. & Mrs. Courtney Mr. & Mrs. Rogers Mr. & Mrs. Dolan • 32i0 North Shore Dr. 3175 North Shore Dr. 1418 Bohn' s Pt. Rd. Wayzata, Mn. 55391 Wayzata, Mn. 55391 Wayzata, Mn. 55391 � • Lillian Bonander I�ir. & Mrs. Stewart Mr. & Mrs. Solomonsor� � 3200 North Shore Dr. 3185 North Shore Dr. 1450 Bohn' s Pt. Rd. � Z�'ayzata, Mn. 55391 k'ayzata, Mn. 55391 jti'ayzata, Mn. 55391 � I�Iichael Hehir Mr- & Mrs. Hannah rsrs K. Harter � North Shore Dr. 1406 Bohn' s Pt. Rd. 3120 North Shore Dr. 3202 Wa zata Mn. 55391 � Z•:ayzata, Mn. 55391 Wayzata, Mn. 55391 Y � � Tdr. b Mrs. Miller Mr. b Mrs. Y.ane ; 3017' North Shore Dr. 3332 North Shore Dr. , � h'ayzata, Mn. 55391 Wayzata, Mn. 55391 ' Page 3 � ' � Mr. & Mrs. Kirchner Mr. & Mrs. Sanford ! 1520 Bohn' s Pt. Rd. 1665 Bohn' s Pt. Rd. Wayzata, Mn. 55391 Wayzata, Mn. 55391 • • � � Mr. & Mrs. Anies Mrs. Gasch 1535 Bohn' s Pt. Rd. 1030 Tonkawa Rd. � Wayzata, M.n. 55391 Long Lake, Mn. 55356 � � Dr. & Mrs. Dunlap Mr. & Mrs. Larson . 1595 Bohn' s Pt. Rd. 1040 Tonkawa Rd. Wayzata, Mn. 55391 Long Lake, Mn. 55356 � � . Mr. & Mrs. Swanstrom �. & Mrs. Perper � 1580 Bohn' s Pt. Rd. 1200 Tonkawa Rd. • Wayzata, Mn. 55391 Long Lake, Mn. 55356 � � Mr. & Mrs. Spangle Mr. & Mrs. Ryan � 1720 Bohn' s Pt. Rd. 1060 Tonkawa Road Wayzata, Mn. 55391 Long Lake, Mn. 55356 � • Mr. & Mrs. Campagna Dr. & Mrs. Twidwell � 1725 Bohn' s Pt. Rd. 1160 Tonkawa Rd. s Wayzata, Mn. 55391 Long Lake, Mn. 55356 � � Mr. & Mrs. Blegen Mr. & Mrs. Keen - � 1645 Bohn' s Pt. Rd. 1140 Tonkawa Rd. Wayzata, Mn. 55391 Long Lake, Mn. 55356 � • t-sr. & Mrs. Trowbridge Mr. & Mrs. Thorsen � • 1625 Bohn' s Pt. Rd. 1120 Tonkawa Rd. ti�ayzata, Mn. 55391 Long Lake, Mn. 55356 � � ' Mr. & Mrs. Weidling Mr. & Mrs. Burniece � 3250 North Shore Dr. 1220 Tonkawa Rd. � �aayzata, Mn. 55391 Long Lake, Mn. 55356 � � � Page 4 • , PUBLIC HEARING & SPECIAL MEETING OF THE ORONO COUNCIL JULY 18, 1977 � Mayor Van Nest explained to the public the PUBLIC HEARING reasons for holding a public hearing which are to (Continued) iscuss a proposed agreement with North Shore • rive Marina and to note the following language: 1. 20, boat slips to be removed. � 2. Redo 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 Watershed 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. • �. During the period of September lst to May 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 previousiy provided to � the City Council. � Mr. Leonard Carpenter, 905 Old Crystal Bay Road: � How many boats would be added? � Mayor Van Nest: 95 plus 5 are allowed and no additional boats will be added to the lake. � This agreement would allow total wet and dry 150 • boats. There would be no additional boats added to the water. � Mr. Graydon McCulley, 980 Tonkawa Road: Does this � apply to other marinas? � Mayor Van Nest: The use of racks will not allow additional boats. The total number of boats stored � at marinas will not add additional boats to the �ater. Marinas are licensed for a maximum limit of slips. � (Continued) � � Page 5 � • PUBLIC HEARING & SPECIAL MEETING OF THE ORONO COUNCIL, JULY 18, 1977 � Gloria McDonald: 3445 Crystal Bay Road: This PUBLIC HEARING agreement will tend to saturate Stubb's Bay with (Continued) �dditional boats. � Mayor Van Nest: Mr. Hork has stated that he could � store 300 boats on his property. Orono wants to establish a limit or capacity of 150 boats. This � agreement will control the number of boats to be stored at this particular site. Transient boats � or boats that arrive for gas are not included. It is our desire to establish a cap on the number of � boats and not add to the number of boats on the lake. � Bruce Douglas, Attorney for North Shore Drive Marina: � Our present intention is not to add boats to Lake Minnetonka but to remove boats from wet slips to � dry land storage. � Mr. Don Bohn, 3186 North Shore Drive: Would this agreement add additional boat storage to the property? � • Mayor Van Nest: No. This City Council is now considering an ordinance which states that: • An Ordinance Establishing A Moratorium On The � Granting Of New Or Additional Commercial Dock And P�ooring Areas In All Of The City Of Orono � �nd Establishing A Moratorium On The Granting + f Building Permits, Rezoning Applications, Condition Or Special Use Permits, Variances Or � Other Authority For Additional Development Related To Marina Uses In All Of The City Of Orono. � Carl Parten, 1025 Tonkawa Road: The proposed � agreement will allow additional expansion at a later date. � . Mayor Van Nest: The proposed agreement does control this possibility. � George Grooms, 3065 North Shore Drive: We are � concerned with further expansion of North Shore Drive Marina and other marinas in the area. � � Mayor Van Nest: I repeat, we instructed the staff at our last Council meeting to draft an ordinance � establishing a moratorium on the granting of new or additional commercial dock and mooring areas in � all the City and Council will address themselves to the ordinance after this public hearing ends. � Gloria McDonald: Has Mr. Hork built a ramp in � the water: �ayor Van Nest: Yes. (Continued) � � 0 Page 6 • • PUBLIC HEARING & SPECIAL MEETING OF THE ORONO COUNeIL, JULY 18, 1977 � Gloria McDonald: Illegally. PUBLIC HEARING (Continued) �ayor Van Nest: Yes, he was notified by a STOP ORK order not to proceed with the racks. � � Mrs. Courtney, 3210 North Shore Drive: Noise from lift trucks will be a major problem. � Carl Parten: Maxwell Bay is overloaded today. � Mayor Van Nest: The marinas are a legal use. We � are attempting to establish standards and controls. • This agreement will be an experiment to test the results. � Bruce Malkerson, City Attorney: This Thursday � night we will be discussing riparian rights which will allow Orono to justify their position. � Orono has to develop information and facts. � Unknown person: What will racks cost? � Mayor Van Nest: Approximately $80, 000. • Bruce Douglas: We want to deal with facts, not � motives. Mr. Hork wants to create a balance and establish common ground which is reasonable. .rs. Courtney: How can this be policed? � Mayor Van Nest: This agreement provides for this. We will establish guidelines to go by. � Mayor Van Nest requested staff to review the lift � truck operations. � Mayor Van Nest asked if there were any further CLOSE PUBLIC HEARING • questions from the public. There being none, the public hearing was closed. � • SPECIAL MEETING OF THE ORONO COUNCIL, 8 : 00 P.M. SPECIAL MEETING � Massengale moved, Paurus seconded, to table action � on the North Shore Drive Marina agreement until • the July 25, 1977 Council meeting. Motion, Ayes (4) - Nays (0) . � Mayor Van Nest introduced Ordinance No. 194 for � Council review, which states: An Ordinance Establishing A Moratorium On The Granting Of New � Or Additional Commercial Dock And Mooring Areas � In All Of The City Of Orono And Establishing A � Moratorium On The Granting Of Building Permits, ezoning Applications, Condition Or Special Use ermits, Variances Or Other Authority For Additional • Development Related To Marina Uses In All Of The City Of Orono. � � � � SPECIAL MEETING OF THE ORONO COUNCIL, JULY 18 , 1977 Page 7 � Mr. Bruce Douglas: My client has not had sufficient notice to allow him to respond. � Mr. Bruce Malkerson: The Supreme Court does uphold this type of moratorium and it is proper at this . time for the City Council to act if they so choose. ,� Mr. Bruce Douglas: People need reasonable notice to allow citizen response. My client needs time � to review this ordinance. � Mayor Van Nest: This proposed moratorium was • discussed at our last Council meeting. � Massengale moved, Butler seconded, to adopt ORDINANCE NO. 194 Ordinance No. 194 , An Ordinance Establishing Moratorium - Commercial � A Moratorium On The Granting Of New Or Additional Docks Commercial Dock And Mooring Areas In All Of The � City Of Orono And Establishing A Moratorium On S The Granting Of Building Permits, Rezoning , Applications, Condition Or Special Use Permits, � Variances Or Other Authority For Additional Development Rela�ed To Marina Uses In All Of The City Of Orono. Motion, Ayes (4) - Nays (0) . S Ordinance No. 194 - Pages 8 , 9 , 10, & 11 Mr. Douglas stated that he will reserve any further comments until Monday night. � Massengale moved, Butler seconded, that the meeting ADJOURNMENT + be adjourned at 8 : 15 P.M. Motion, Ayes (4) - Nays (0) . � � � a William B. Va est, Mayor � � � Attest•/ • . Walte . Benson, Clerk-A ministrator � � � � � ' • , Page 8 � Ordinance No. 194 AN ORDINANCE ESTABLISHING A MORATORIUM ON � THE GRANTING OF NEW OR ADDITIONAL COM�IERCIAL • DOCK AND MOORING AREAS IN ALL OF THE CITY OF ORONO AND ESTABLISHING A MORATORIUM ON THE GRANTING OF BUILDING PERMITS, REZONING APPLI- CATIONS, CONDITION OR SPECIAL USE PERMITS, VARIANCES OR OTHER AUTHORITY FOR ADDITIONAL DEVELOPMENT P.ELATED TO MARINA USES IN ALL OF THE CITY OF ORONO • The City Council of the City of Orono ordains: � Section 1: The riunicipal Code of the City of Orono is amended by adding Ordinance No. 193 to read as follows: � 193 . 010 . Statement of Policy. The City of Orono has a statutory responsibility to regulate conduct and uses of the • property along Lake Minnetonka, including the construction of docks and placement of buoys, to secure the safety of the public and the most general public use. The city has received an increasing number of requests for the licensing of docks and mooring areas on Lake Minnetonka resulting from the extension of existing or new dock facilities which has materially added to an already dangerous lake use situation, so that an emer- gency in the protection of the safety and property of the pub- � lic on and in adjacent to Lake Minnetonka exists. A signifi- cant portion of Lake Minnetonka is already classified as either critical or potentially critical using the Lake Minnetonka � Conservation District developed standards. The level of water patrol services on Lake r�innetonka has been materially decreased _ � due to Hennepin County's retracting its funding in support of these services. In order to fulfill its statutory duties, the City of Orono must establish standards in a comprehensive plan relative to all matters which directly or indirectly impact the use or crowding of Lake Minnetonka and which, directly or in- . directly affect the development of property along Lake Minne- tonka. The City of Orono has underway a comprehensive lake use study which gives consideration to lake use density factors and land use factors related thereto, which is to be the basis for a com- prehensive program for the regulation of docks on Lake Minne- tonka and development on the property adjacent to Lake Niinne- tonka. � This review will be part of an amendment to the Comprehensive Land Use Plan for the City of Orono. The city is now confronted � • Page 9 � with several land use applications and several inquiries con- cerning land use policy which have a potentially significant ' impact on Lake Minnetonka and the shore adjacent thereto. A detailed study of these problems has been ordered as part of the comprehensive planning process, which study is expected � to be ready by December 30, 1977. The City Council finds that approving one or two applications would seriously impair its ability to effectuate the matters considered in its compre- hensive planning efforts. Since the enactment of a revised Comprehensive Plan will undoubtedly modify existing zoning districts, the granting of applications during this interim period would be detrimental to the effectuation of the revised Comprehensive Plan and contrary to the purposes of the Zoning Enabling Act, Minnesota Statutes, §462. 351, et seq. 193. 020 . Restrictions on the Granting of Permits and Other Authority. No rezoning applications, conditional or special use permits, variances or other authority for additional development for commercial marina uses or authority for multiple docks in residential use districts in the area described in Section 193. 030 will be granted for any purpose which would be inconsistent with the intent of this ordinance, including but not limited to: A. Any application for the addition or expansion of existing commercial docks or mooring facilities or area, the construction or establishment of new dock facilities or moor- ing areas, the dredging of channels or any portion of the lake or establishing of any dock facilities which directly or indi- rectly would expand or tend to expand either dock, mooring or other boat storage capacity of any facilities to be used on or adjacent to Lake Minnetonka. This portion of the moratorium applies to all such facilities except single family residential docks which meet current regulations of the City of Orono and the Lake Minnetonka Conservation District. B. Any new or additional structures of any sort used or intended to be used for the repair, storage, sale of boats and motors, whether those structures be with or without foun- dations and with or without walls and roofs. C. The construction of any new structure in those areas of the city zoned as B-2 lakeshore commercial or in those areas of the city where there are marinas that are legal nonconforming uses under the present Zoning Code. " D. Any increase concerning the number of boats on the facilities for any purposes, including boats owned by the marina operators for sale, boats owned by others that are placed on the marina premises for sale, or boats placed on the marina premises for rental to members of the public, ,or boats moored, docks or in any way stored on the marina premises for any purpose. � • Page 10 e � 193 . 030. Restricted Area. That portion of the City of Orono that shall be subject to the restrictions of this ordi- nance is all the land within the City of Orono. ' 193 . 040. Interim Studies. During this moratorium, the City of Orono shall develop and establish a comprehensive pro- gram and standards, including but not limited to, the following areas which address all areas related to the environmental, crowding potential, density of use, and health, safety and wel- fare of the general public' s use of Lake Minnetonka and use of the property in Orono adjacent thereto: (a) Number of boats to be allowed per foot of shore- line in all dock use areas. (b) The size, in number of square feet, for all varia- * tions of dock , slip, and mooring location in all dock use areas. (c) Reasonable regulation of riparian and non-riparian rights and privileges encompassing all reasonable future cir- cumstances such as use of outlots, rental or private dock facil- ities, on-land and off-lake storage for commercial purposes and related matters. � (d) Standards to limit the public use of Lake Minnetonka which are compatible with insuring the most general public use of the lake and protecting the rights of the riparian property owners. (e) Standards to reasonably regulate the rights and privileges of the various economic interests as they relate to Lake Minnetonka use such as private dockage and moorings, commercial dockage and moorings, and the balance of these interests against the public interest in the general use of S Lake Minnetonka, definitions of the number of boats allowed per residential dock and reasonable regulation of the owner- ship and use. During this moratorium the city shall work cooperatively with other governmental units to establish long term plans for the management of Lake Minnetonka. 193 . 050. Duration. This ordinance shall expire on February 15, 1978, without City Council action, or it may be repealed earlier if the City Council determines that the requi- site studies have been completed and that appropriate evalua- tion and action, including any necessary revisions of the Zoning Code, can be finalized. 193. 060. Variances. The City Council may grant a variance to this moratorium if the City Council finds that � � . � " • Page 11 • � the variance will not conflict with the intents and purpose � of this ordinance and with the policies as will be developed by the City of Orono. A temporary license may be granted as � . part of any variance for the temporary use of a structure if the City Council finds that the temporary use of that struc- • ture may assist the city in analyzing the impact of various . types of developments and the health, safety and welfare of the citizens of Orono. � 193. 070. Separability. Every section, provision or � part of this ordinance is declared separable from every other section, provision or part; and if any section, provision or � part thereof shall be held invalid, it shall not affect any other section, provision or part. • � Section 2. This ordinance shall be published in the Lake Minnetonka Sun and shall be effective immediately. • Adopted by the City Council of the City of Orono on the � 18th day of July, 1977, by a vote of 4 ayes and 0 ays. i � � � William B. Van Nest, .ayor � ATTEST: � � � , • alter R Benson, • Clerk/ ministrator • • Published in the Lake Minnetonka Sun � the day of , 1977- � • . • � r � � � r � •