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Home My WebLink About08-22-1977 Council Minutes � . • y � ? , CITY OF ORONO � Regular Meetif�g of the Orono Council, 7 : 00 P.M. August 22 , 1977 �The Orono Council met on the above date with � the following members present: Acting Mayor � Massengale, Councilmembers Butler, Paurus, and Pesek. Absent: P7ayor Van Nest. Also present: r City Aclr:linistrator IIenson, Building & Zoning Administrator Muhich, and City Attorney Malkerson. � • Acting Mayor Massengale announced that this was PUBLIC HEARING the time and place for a public hearing concerning Amend Fee Ordinance � an ordinance to amend the municipal code of the City of Orono by amending certain chapters � relating to fees and adoption of a fee schedule. City Adr.iinistrator Benson presented the Notice of � Public Hearing and Affidavit of Publication. � City Attorney Malkerson reviewed the proposed ` Fee Ordinance and Fee Schedule. after which Acting P�Iayor i�iassengale requested comments from the public. � There being no comments from the public, the public hearing was closed at 7: 20 P.M. � Paurus rnoved Butler seconded, to adopt Ordinance ORDINANCE NO. 196 f No. 196 , An Ordinance To Amend The r4unicipal Fee Chapters Amended • Code Of The City Of Orono By Amending Certain Chapters Relating To Fees. Motion, Ayes (4) - • Nays (0) . ` Butler moved, Paurus seconded, to adopt Ordinance ORDINANCE NO. 197 � No. 197, An Ordinance To Amend The P4unicipal Code Fee Schedule Of The City Of Orono Establishing A Fee Schedule � For 1977. Motion, Ayes (4) - Nays (0) . � • At 7: 22 P.M. , Dick Benson, City Administrator, PUBLIC HEARING announced that this was the time and place for a Federal Revenue Sharing � public hearing concerning proposed uses of the Funds approximately $57, 850 of Federal Revenue Sharing � Funds available for use in budget year 1978 . Mr. Benson presented the Public Hearing Notice � and Affidavit of Publication. � NOTICE OF PUBLIC HEARING � NOTICE is hereby given that the Orono City Council � will hold a public hearing in the City of Orono Council Chambers on August 22, 1977, at 7 : 15 P.I�I. � concerning proposed uses of the approximately • $57, 850 of Federal Revenue Sharing Funds available for use in budget year 1978. All persons wishing �to be heard will appear at this time or comments may be submitted in writing to the City Offices , � Box 66 , Crystal Bay, Mn. 55323. (Continued) � � s � REC�?JLAR ;MEETING OF TH� ORONO COUNCIL, AUGUST 22, 1977 Page 2 � City Administrator Benson also informed the City PUBLIC HEARING Council that the City will have approximately (Continued) �$57, 850 of Federal Revenue Sharing monies � • available for budget year 1978. In the past, the City has used the monies for such things as � capital outlay for police, street, and general government and operating expenses; for public � health and finance administration. � In keeping with the established trends, the following are possible categories for use of the � monies in 1978 : � Capital Outlay Council $1, 285 � Administration 1, 332 Finance 972 � Gov' t Bldgs. 4 , 000 Police 16 , 810 � Civil Defense 4 , 500 • Streets 19, 935 4�3 , 834 � Operations & P�aintenance Finance $ 3 , 000 Health & San. 14 , 450 �' Fire 47 , 700 • $65 , 150 . I'here being no comments from the public, the public hearing was closed at 7: 30 P.M. � Butler r.ioved, Pesek seconded, to hold a second PUBLIC HEARING DATE � public hearing on September 21, 1977 at 7: 00 P.M. September 21, 1977 for the purpose of reviewing the lg�g City � budget and its relationship to Revenue Sharing • and its proposed uses. Motion, Ayes (4) - Nays (0. � Butler moved, Massengale seconded, to approve the MINUTES � P4inutes of the Regular Meeting of August 8 , 1977, as a�-nended. Motion, Ayes (4) - Nays (0) . � � Butler ;noved, Pesek seconded, to approve the APPOINTMENT - CHAIRMAN i appointment of Lee Tomlinson as chairman of Park Commission the Park Cor,unission. Motion, Ayes (4) - rdays (0) . � � Butler moved, Pesek seconded, to appoint Peggy APPOINTMENT �aatson, 900 Partenwood Road, to the Park Park Commission � Conunission to replace Jo Ellen Hurr, i7otion, Ayes (4) - Nays (0) . � f � � � i � REG�.JLAR ,2�'iEETING OF THE ORONO COUNCIL, AUGUST 22 , 1977 Page 3 « Henry P4uhich, Building & Zoning Administrator, SUBDIVISION read into the record the following information 1200 Old Crystal Bay Rd. �egarding the subdivision request of the 315 East 2640 North Shore Drive . rant Corporation, 1200 Old Crystal Bay Road, and #261 Sheldon Jacobs, 2640 North Shore Drive , dated 315 East Grant Corp. � July 25, 1977, which states: Sheldon Jacobs � We received a letter from John Winston, who represents Sheldon Jacobs, which expresses � their concerns about some of the easements • r�quested by the City regarding their preliminary subdivision approval. � This matter will be before the Council at their � meeting of August 8 , 1977 . � Council P��eeting - August 8 , 1977 , � Tabled on request of applicant. Applicant and • attorney feel City does not have the authority to require conservation easement over wetlands � and 20 ft. access easement along west side of wetlands area. � Staff - August 15 , 1977 � • Jim Robin (472-1060) called me this morning. �ie informed me that Mr. Jacobs or his represent- � ative approached him regarding revising the proposed plat soriewhat to possibly eliminate � the easements as stipulated by Council. � Mr. Robin is not far.liliar with our ordinances and procedures, but he wants to be present at � the Council meeting when the proposal comes up � for discussion. He requested I place the matter first on the agenda so he might be present. He . has a previous commitment to attend a School Board meeting as he is a member of the School ! Board. I informed him I would try to list this matter as the first item of my report. � It was also brought to my attention today that i Mr. Sheldon Jacobs had some communication with • the Watershed District. It was related to me that he was informed that the Watershed District � had no projected schedule on the French Lake project. He was also of the understanding that � the Watershed District had more or less concluded that the proposed dam would provide adequate � storage if it were located along County Road �51. � (Continued) � � � � � ! REGLLAR MEETING OF THE ORONO COUNCIL, AUGUST 22 , 1977 Page 4 I later called John Holmquist to confirm these SUBDIVISION conclusions . Mr. Holmquist informed me that 1200 Old Crystal Bay Rd. �. Jacobs had probably misinterpreted some of 2640 North Shore Drive • e information he had relayed. (Continued) � Mr. Holmquist confirmed the communications with Mr. Jacobs. However, he said the actual location i of the dam had never been determined. The Water- shed District studies to date indicate a dam w constructed along County Road #51 would facilitate. The City of Orono, however, has some reservations � as to this location. The City feels adequate . storage might not be provided if located along the highway. The City suggested a location + further upstream. � Mr. Holmquist also informed Mr. Jacpbs that determining the location might be one or two w years away. � Should Mr. Jacobs reconsider his proposal and � discontinue with the processing, I feel the property owner would submit a different proposal for developing the area. A different proposal might consist of a development which would � result in more lots, but I am sure all lots . would meet the zoning requirements . If a �roposal like this were submitted, we would . ertainly acquire an easement along the marsh. * If P4r. Jacobs were agreeable, we might consider a 5-year time limit on the access easer.ment or * possibly an easement with a provision to negotiate the location at a later date. � ` Council Meeting - August 22 , 1977 • Mr. John B. Winston, representing Mr. Sheldon Jacobs , 315 East Grant Copr. , commented on his � client' s proposal stating that we do not intend to waive any arguments at a later date concerning � this subdivision approval. The subdivision was approved previously subject to Orono' s June 13 , 1977 � Minutes. We have submitted correspondence to . Mayor Van Nest for the record and intend to adhere to this record. My client will grant flow- • age easements and conservation easements to the City as a gift. Agreements for an access � easement are not necessary. Private property should not be taken for an access easement. The � proposed structure or dam for the French Lake Gti'ater Retention Project is proposed to be � constructed at the highway. �ouncilmember Paurus: There was not an indepth � sLudy to justify your statement. (Continued) � r � � REGt3LAR MEETING OF TI�E ORONO COUNCIL, AUGUST 22 , 1977 Page 5 ` Councilmember Massengale: A pilot study has not SUBDIVISION been initiated. 1200 Old Crystal Bay Rd. 2640 North Shore Dr. • ohn Winston: City requirements do not have a bearing on my client' s request. � Councilmember Paurus : The City has always been � consistent with wetland policies. S Councilmember Pesek: The City has to address + itself to easements at this time, not at a later date. � John Winston: The City has not shown a need � for an access easement at this tir,�e. � Bruce rlalkerson: Staff has shown and outlined to Mr. Winston how to establish an easement. � The City can require a platted private road. � John Winston: � The City is taking property unconstitutionally. My client wants to work with the City when an access easement is necessary, but not now. � Sheldon Jacobs: I want to use my land as it is � ,ow. I am not opposed to the French Lake Project. • am prepared to be open-minded when an access easement is required. I am not against the ` project but do object to taking private property for this easement at this time. A 20-foot easement, � as a gift to Orono, is not my preference. � Councilr.iember Massengale: You do object to the • 20-foot strip? , � Sheldon Jacobs: Yes. � Councilmember Massengale: Are there any alternatives? � Sheldon Jacobs: Yes , condemnation at a later date. � Bruce Malkerson: The City Council should develop • the following information: � l. Determine if an access easement is necessary for the platting process. � 2 . Value of the land or ease�nent should be determined. � Councilmember Paurus: The Watershed District should � a�sist us in netermining if an easement is necessary �or the French Lake Water Storage Project. Mr. Jacobs as informed us that a conservation and f_lowage easement . �vould be granted to the City. (Continued) r � � � RE�ULAR MEETING OF THE ORONO COUNCIL, AUGUST 22, 1977 Page 6 � Sheldon Jacobs : That' s right. SUBDIVISION 1200 Old Crys�al Bay Rd �Massengale moved, Butler moved, to direct staff 2640 North Shore Dr. • to request the Minnehaha Creek Watershed District (Continued) to determine or justify need for an access ease- � ment and agenda this item for the next Council meeting. Motion, Ayes (4) - Nays (0) . � � Henry Muhich, Building & Zoning Administrator, VARIANCE • read into the record the following information 1410 Bohn' s Point Road concerning the variance request of Jack Rhode, ##210 � 1410 Bohn' s Point Road, dated August 8 , 1977, Jack Rhode which states: � Mr. & Mrs. Becker, their attorney, r7r. & Mrs . � Lauer, Mr. Rhode and his designer, .builder • and attorney were all in attendance. An extrernely long discussion followed. It apneared � the Council was about to approve the substandard lot as a building site and the lakeshore setback � as proposed when the subject of dock rights and lake access easements were brought up. Council � then tabled the proposal subject to clarification of this issue. � • Council directed staff to research the easement status and whether setback regulations relate to ` private easement lines or lot lines only. Also requested copy of easement description to �, determine whether the easement restricts vehicles. Council will address dock issue at next meeting. � Staff - August 17 , 1977 � � Enclosed is a copy of the walkway easernent for Hannah and Stewart properties. Our ordinance � does not address itself to setbacks from easements. � The dock issue was considered by the Planning Commission at a previous meeting and, although � no determination was made, it was suggested that ` approval might be given for one dock with three slips - including the two easement owners and � the property owner himself. � Council Meeting - August 22 , 1977 � � The City Council reviewed Pdr. J. T. Swenson' s letter dated August 18 , 1977, which is attached � on pages 7-11 • (Continued) � � i � � � -- - , Page 7 � M A C K A L L, C R ❑ U N S E & M O � R E LAW DFFICES � at❑ E. �E�soN IODO FIRST NATI�NAL BANK BUIIDING ❑v �ou�se� N a�O A. M O A K E N H E N R Y [. M<[r�L L aEo[a�cKL. TNCASON MINNEAPOLIS� MINNESOTA 55402 T�oMas ❑, Ne�r.�[r JAMES B. HANNAH W I N 5 T O N C, M U N 5 O N C L A V R, M O O R E 3 3 3-I 3<1 . CONNOR �, SCHMID VnL M. HIGG�NS /+REA C�DE 612 lACDEFiCK M.S�iNCr+rIELDIi9B1-1950� PERFY R. MppRE �12?G-15b9f IORENS O. BRYNESTPD OOHA�D o. I+OLMES ��90<-i973� . H'�OOBURY N.ANDAEWS ROBEI�T M,CRpUNSE(1893-i974) GEOAGE F. •. JO�+NSON R O G E P V. S T A G E B E R G ! F R O N K A,D V O R A K l, 1� }- AOBERT p, GI5VpL0 �UgUSI, �� , 1977 � M P R V I N C, I N G 6 E R �R n N Z P. J E V N E,QI GAEGORY ,J,PUlLES 4RTIN V, AYOElOTT • M�HN O.CRVMFINE A:BEAT S. LEE JC�+N 2.LUNDOU�ST A �<vEsr. swEusoN • Orono City Council P .O. Box 66 � Crystal Bay, r�innesota 55323 � Mr . Bruce Malkerson, Esq. Popham, Haik, Schnobrich, Kaufman & Doty , Ltd. 4344 IDS Center � Minneapolis, r9innesota 55402 � Gentlemen: � On Monday, August 8 , 1977 , Jack Rhode appeared before you in request of certain variances which �aould allow him to construct a single family dwelling on his lot adjacent to Crystal Bay on Lake � I��innetonka and to retain the existing carriage house for garage and storage purposes . Subsequent to lengthy discussion a resolution was ` proposed by Ms. Butler which would have allowed Mr. Rhode to construct • his dwelling as proposed in his revised proposal and allowed him to build in front of the average distance from which the adjacent � dwellings were set back from the lake shore, though still set back significantly more than the minimum 75 feet. This latter aspect of � the resolution was proposed after Mr . Bruce I�4alkerson , Esq. , explained that the "average set back" rule �aas concerned primiarly with sight � lines and the council noted that Mr. Rhod_e ' s proposed building loca- tion would not block his northern neighbor ' s view of the lake and � that the neighbors to the south agreed to the proposed location . ` At the very end of the discussion , the council was apprised � of the fact that there were in existance two walkway and dock easements on T�Ir. Rhode ' s property. This fact raised certain issues which � according 'to Mr. Malkerson neither he nor the council were prepared to deal with without further factual investigation . This letter and � attached exhibits are designed to help the council better understand i the dock eascmcnts and how they do or do not affect Mr . Rhode. � � � r � � , Page 8 MACKALL, CROUNSE S� MD ❑ RE � August 18 , 1977 � Page Two S HISTORICAL BACKGROUND ON THE DOCK EASEMENTS � On September 9 , 1974 , the then fee owners , Robert J. � Cutshall and Jean B. Cutshall , granted the existing dock easement to Gregg S . Hannah and Margaret B. Hannah, husband and wife as � joint tenants, and an identical easement to Darrell K. Stewart, single. The easement is a taalkway easement only. No vehicular � traffic is allo�aed. �'urthermore the easement does not grant beach , rights . It is ten feet wide and runs along the total northern border oi P-1r. Rhode ' s property. The deed description is as follows : � " ***a non-exclusive easement for walkway and lake � access the right to build and maintain a dock, in , over, and uoon, that part of said land of said grantors � described as follows , to-wit: � Over and across a strip of land 10 feet in width lying Southerly of, adjacent to and parallel with the Northerly line of said tract of land of grantor described above � and, commencing at a point in the North line of the South 1160 . 8 feet of said Government Lot l , as measured � along the West line thereof, distant 750 . 35 feet East of the t��est line of said Government Lot l , as measured along said North line; thence T�est along said North line a distance of 5 . 0 feet to the point of beginning; thence � Southwesterly deflecting to the left 50 degrees a dis- • tance of 55 feet; thence Southeasterly deflecting to the left 90 degrees a distance of 10 feet more or less � to the T�lorthwesterly shore line of Lake Minnetonka; thence Northeasterly along said shore line to said North � line of South 1160. 8 feet; thence i��est along said North line to the point of beginning. " See Exhibit A attached. � On ��iarch 11 , 1975 , the Cutshall ' s transferred the property � to Fred V. Rogers, Jr. , and Andrea N. Rogers , husband and wife as • joint tenants , subject to the above easements . On I�larch 12 , 1975 , the Rogers transferred the same property subject to the same easement to Theodore �a. Rogers and Mary O. Rogers , husband and wife as joint tenants . � The property immediately to tne nortlz of Mr. Rhode ' s which � is owned by Jason C. and Carol B. Becker, is 27 feet deeper than Rhode ' s . The easement on Rhode ' s property takes a right turn at the � � � � � Page 9 MACKALL, CR ❑ UNSE S� MOORE y � August 18 , 1977 • Page Three � rear line and runs north 10 feet into the Becker' s property, takes � another left turn and runs 37 feet along the southern border of Mr. Becker' s property to its rear line . See the diagram attached � as Exhibit B. � In December, 1976 , Mr. Rhode purchased the subject property • from the Rogers and the deed was filed necember 23 , 1976 . P�r. Rhode has no idea why the easements were originally granted. In fact , Mr. � Rhode was unaware of their existance until after he made his offer to purchase the lot. The Fox-Herfurth listing sheet neglected to � rn�ntion their existance. � �1R. RHODE ' S PRESENT PLATIS G�]ITH RESPECT TO THE EXISTING � DOCK EASEMENTS AND HIS INDIVIDUAL DOCK NEEDS . At the December 20, 1976 , Planning Commission P�Zeeting the Planning Commission suggested the following: � "One dock only with sufficient s�ips to accommodate dock rights of parties wno had dock easements over the property prior to the City' s adoption of the new dock regulations . " � Mr. Rhode is in agreement with Orono ' s current ordinance re restricting • docks to those with actual lakeshore frontage, and relative to his own lot, would much prefer the two dock easements did not exist. But since � they do, he recognizes he must and is willing to live with that situation. However, these lake access easements and dock rights should not prevent � Mr. Rhode, as the owner of the lakeshore property, from exercising his right to have a dock on his property. � THE EFFECT OF THE WALK[aAY EASEMENT ON THE SIDE-YARD a REQUIREP�lENT. � The dock easement �ahich is exclusively a walkway easem�nt should not affect the side yard set back requirements . Mr . Rhode ' s construction proposal which places the northern most corner of the d�aelling at least 10 feet south of the lot line dividing the Becker' s and Mr. Rhode ' s property not only satisfies all applicable Orono � ordinance provisions , but also fulfills the historical purposes for which side yard minimums were created. � Ordinance No. 30 . 040 defines "side yard" as iollows : "Yard-Side. A yard extending along the side lot line between the front and rear yards , having a width as � Page 10 MACKALL, CROUNSE S� MOORE yAugust 18 , 1977 Page Four � • specified in the yard regulations for the district in which such is located. " � The width specified for the relevant district , LR-1B , is 10 feet. � See Ord. No. 31. 450. "Yard" itself is further defined in 30 . 040 as : "A required open space on a lot, which is unoccupied and unobstructed from its lowest ground level to the sky � except as expressly permitted in the Zoning Code . A yard shall extend along a lot line and at right angles to such lot line to a' depth or ��idth specified in the � yard regulations for the district in wnich such lot is located. " � ��Zr. Rhode ' s proposed dwellina meets the letter of the ordinances . The side yards are at least 10 feet wide measured from the side lot lines and consist of open space which is "unoccupied and unobstructed. " Any argument that the ordinances sho�ld be • interpreted to require the side yard width to be determined from the border oi a walkway easem�nt which runs parallel to a lot line or that a walkway easement means that the yard is "occuoied, " is unwarranted. The subject easements herein are merely walkway ease- ments and the side yard area over �ahich the easements run will remain covered by grass and foilage. There is nothing inherent in the walk- � way easements which detracts from the use of the land as a side yard. All oi the following historical purposes for creating side yard � requirements are fulfilled by Mr. Rhode ' s proposed building location: � 1) There will be more than adequate access to the house � from all sides in case of a fire; � 2) Maximum light and air access will be maintained; i 3) A higher building density will not result from the purposed construction location; and � 4) There will be no detraction from esthetic appearance . S In fact esthetic appearance and Mr. Rhode ' s desire to have his house conform to the topoqraphy are the very reasons for its proposed � location. It would be even more esthetically appealing and would better conform to the topograpl�y if the dwelling were built closer � to the snoreline as originally proposed . No�,lever , in a spirit of cornpromise , A1r. Rhode ' s revised proposal moved the location further � � � ' Page 11 MACKALL, CROL� NSE d� MOORE y � August 18, 1977 S Page Five to the rear so that it would not interfere with his northern � neighbor' s view of the lake. See Rathkopf, The Law of Zoninq & Planning, Vol 1 , Ch. 34 �5 for further elaboration on the historical purposes of "side-yard" requirements . Very truly yours , � '�11�CKALL CROUNSE & ?�9 OR ✓ � L��L''s%�'/f . � � By J mes T. Swenson JTS :dd Enclosures � cc: Henry �Iuhich � � a a � � REG�LAR MEETING OF THE ORONO COUNCIL, AUGUST 22 , 1977 Page 12 Mr. Swenson, representing Mro Rhode, addressed VARIANCE the City Council stating that we have discussed 1410 Bohn' s Point Road �11 the concerns at your last Council meeting. (Continued) nd I would think that the Council should act on my client' s request this evening. S Councilmember Massengale: The issues are complex. We do not want to rehash what is already in the record. My questions are: l. Is lot buildable? 2. Do present easements affect buildability of lot? 3. How do we address ourselves to easements and distinguish between easement and lot buildability? This lot could be huildable but we do not have complete data and other information to allow us to fully understand the status of the lake ease- ment. Mr. Henry Muhich presented a memo from Mr, r7ike Scheller, the previous building inspector, dated October 10, 1974 , which states: "Fred Rogers, through a trade of property for a residence he owned, has acquired two lots he � -•ishes to establish as building sites. I will ake each separately. Tract G, RLS 269 has 0 . 49 acre of the required one acre. The area will be sewered in the near future ! and is the last of seven lots in this subdivision all substantially the same size. These lots are serviced by a private easement. � Parcel 1210, Sec. 9 is 100 ' by approximately 240 ' or 24, 000 ' of the required one acre. This will 'a be serviced with the same sewer project in the near future and is also serviced by the same private easement. There is an old residence on it that would have to be razed. I would recommend approval on thesE two lots. " Mr. Muhich continued by stating that this lot ' meets 67% of required lot size, including easements. , Mr. Jack Rhode commented that there is a $15 , 000 sewer assessment on the property. On December 23, 1976 , this property was deeded to him. I✓r. Jerry Rice, representing Mr. Becker, commented �at both Mr. Rogers and Mr. Rhode had equitable interest at the same time on this lot. (Continued) � REG�ULAR �MEETING OF THE ORONO COUNCIL, AUGUST 22, 1977 Page 13 � Councilmember Paurus: This information is new VARIANCE and has to be evaluated. 1410 Bohn ' s Point Road (Continued) ouncilmember Massengale: This City Council has to determine if this lot is buildable and how the present easements affect the lot. Previous � Planning Commission records do not mention easements. Bruce Malkerson, City Attorney, commented that the attorneys representing their clients should develop previous legal and factual history that relates to this proposal. Mayor Van Nest moved, Massengale seconded, to instruct the attorneys representing r4r. Rhode an d Mr. Becker to develop legal and factual history on this lot concerning ownership, past ! and present sewer assessments , applicability of present zoning code, private road status , status of easements, riparian rights, use of la)ceshore (docks, etc. ) , status of existing buildings, who purchased easements , lot line � concerns, and setbacks, all to be submitted by August 29 , 1977. Rebuttals to be submitted S by September 2 , 1977. t�4otion, Ayes (4) - Nays (0) . � �Ienry P4uhich, Building & Zoning Administrator, RESIGNATION informed the City Council that the Planning Planning Commission Commission would be losing another Commission Diane Dunlap member, Diane Dunlap,because of other commitments. The Planning Commission was hesitant to accept her resignation and felt that a leave of absence would be appropriate at this time. Mr. Muhich was concerned with a lack of quorum during this * time and felt that another appointment might be � appropriate. The City Council agreed and requested this matter to be entered on the next Council agenda for review. � � � RE�ULAFi MEETING OF THE ORONO COUNCIL, AUGUST 22 , 1977 page 14 � No comments from the Human Rights Commission. HUr1AN RIGHTS COMMISSION �Councilmember Paurus , Orono' s representative to LMCD REPORT • the Lake Minnetonka Conservation District, requested staff to enter the Boulder Bridge � Farm proposal dock license, and LMCD dues delinquencies on the next Council agenda. � � Iienry Muhich, Building & Zoning Administrator, VARIANCE • read into the record the following mer.�o 493 Park Lane dated June l, 1977, concerning the request #269 � for a lot area and width variance for Home Home Federal S & L Federal Savings & Loan Association for � 493 Park Lane, which states: � This property was the subject to lengthy City action to remove an unoccupied hazardous � building. Home Federal gained control of the � property from Premier Realty last year and after additional prodding, they did obtain a demolition � permit and did satisfactorily clean up the problems. They are now requesting a variance to � construct a new dwelling on the site. � LR-1B 34.450 Lot Area ' Lot lti'idth � Requirements: 43, 560 sq. ft. 140 ft. � Actual: 8,265 sq. ft. 100 ft. �rariance: 35,295 sq. ft. = 81$ 40 ft. = 28$ � Lots 7 �, 8 are separate parcels and tiould require legal cor�bination. Together, � one sewer unit has b een ch arged. � .4djacent Lot 9, vacant, .20 se��er wiits, 5,600 fq. ft. ,Adjacent Lots 10 � 11, vacant, .40 sewer tmits, 10,000 sq. ft. � Adjacent Lot 12, �-acant, .20 se�.�er imits, Adj acent Lot 13, vacant, .20 se+aer units, 6,250 sq. ft. � - • All seven adjacent vacant lots total 36 , 365 sq. ft. (83% of one acre) with two sewer units � assessed to four owners . � The Planning Commission should have the applicant investigate expansion of this very substandard � parcel through combination with the available • vacant land. In no case, should more than two building sites be considered on these seven lots. � Planning Commission i��eeting - June 6, 1977 � Discussed item with applicant as work session only. � Stressed reluctance to approve without additional �land bei_ng �7dd�d to ext�eT�e1y small pa_rcel. (Continued) � � � � • REGULAR MEETING OF TF�E ORONO COUNCIL, AUGUST 22 , 1977 Page 15 � Staff - June 10 , 1977 � John Waataja, son of the owner of Lots 10 , 11, & 13, VARIANCE � was in the office to check on requirements for 493 Park Lane � his lots. He was advised to contact Home Federal (Continued) • to try and arrange a combination of properties. � Planning Commission Meeting - June 20, 1977 r Tabled. No one present. � Planning Commission Meeting - July 5 , 1977 � iJo applicant present. Item tabled. Comr.iission • instructed staff to notify applicant of intention to act on proposal at July 18, 1977 meeting. • Planning Co�runission P�eeting - July 18, 1977 � Zoning Administrator presented proposal along � with copy of certified letter sent to Home • Federal Savings informing the applicant that the proposal would be up for action at the � Planning Commission meeting scheduled for July 18 , 1977. r Staff received no response. No representative � was present. Planning Commission recommended denial of variance as no hardship was demonstrated. � � Council Meeting - July 25, 1977 � No representative present. Tabled until August 22 , 1977 meeting. Instructed staff to send certified � letter to Home Federal Savings & Loan informing them of this. � � • Council Meeting - August 22 , 1977 � Butler moved, Pesek seconded, to deny the variance request of Home Federal Savings & Loan Association ,� for 493 Park Lane, based upon no hardship documented at this time. Motion, Ayes (4) - � Nays (0) . " � • Henry Muhich, Building & Zoning Administrator, VARIANCE read into the record the following information 320 Woodhill Road � concerning the variance request of Robert F. #275 White, 320 Woodhill Road, dated July 25 , 1977, Robert F. White � which states: � Council P�leeting - July 25, 1977 � Council referred application back to Planni_ng • Commission at the request of Mr. White, in a letter dated July 22 , 1977, which states : (Continued) � � � • R�GULAR MEETIIvG OF THE ORONO COUNCIL, AUGUST 22, 1977 Page 16 � "Last week the Planning Commission denied a VARIRNCE variance request for an outlot that is being 320 Woodhill Road ! created on property (320 Woodhill Road) where (Continued) I reside presently. As I was not present at � their meeting, and they had questions concerning • the matter, the request may have been denied for that reason. It is my understanding I � cannot appear before the Planning Cornmission without first the Council consider the variance � request. r Please consider either granting the variance • (for reasons set forth below) or directing me back to the Planning Commission for a hearing. � .Tustification for variance request: As a � widower, I live in my present (ten bedroom, ten bathroom) house with two sons. The need is � apparent for smaller quarters. Having lived • there for 16 years , I would like to remain. The unusual terrain (steep hill) permits only � the creation of an outlot that is itself unusual (long and narrow with only one suitable building � site) . � Because of the magnitude of the present house, it needs a certain amount of land to support its � value. While this is difficult to quantify, I • believe the saleability of the present structure is impaired if another is located "too close" . � While the 20 foot variance is not much in actual distance, each foot is important for the � reasons stated. � The affected property to the North is owned by Woodhill Country Club and is wooded. The likeli- � hood of its use appears remote although there • has been talk of some day putting up member condominiums. This would require rezoning � to use not consistent with the neighborhood as constituted presently. � Although the following is not necessarily germane � to your necision, two architects have advised me not to build unless a variance is obtained. � � Thank you for considering my request. " � Planning Commission J2eeting - August l, 1977 � Tabled. Applicant not pr�sent. • (Continued) � � � � r e, RE'GULAF2 MEETING OF THE ORONO COUNCIL, AUGUST 22 , 1977 Page 17 r Planning Commission Pleeting - August 15 , 1977 VARIANCE 320 Woodhill Road � r�r. White was present. Restated the items in (Continued) his letter to the Council dated ,7uly 22 , 1977. � He stated that he had no hardships other than � economical or personal design wishes. He wishes to maximize the distance between the � existing house and the proposed house. The Planning Cor,unission was sympathetic, but since � owner could present no physical hardships, . Commission recommended denial. � Council Meeting - August 22 , 1977 � Mr. Charles White, representing Mr. Robert �ahite, submitted a letter to the City Council, which � states : ` "A business trip again prevents me from appearing � before you. My son, Charles White, represents me in my request for a variance on an outlot at � my homestead, 320 Woodhill Road. Such request was denied last week by the Planning Commission. � I seek relief from their decision based on the � reasoning of my July 22 , 1977 letter to you. r4y reasoning is: � l. The variance affects no one except me. � 2. Neither neighbors nor the Woodhill Country � Club have objected. 3. The lot line affected has been a woods, � _literally forever. 4. There is one suitable building site on the • lot. • 5. It dictates the need to place a new structure as far away from the present house as possible � to preserve its value. 6. Two architects, Peter Hall of P4inneapolis and � Robert Gaede of Cleveland, Ohio have stated that unless a variance can be obtained a � structure should not be erected. " `f' End of letter � Pesek moved, Butler seconded, to table the request � for a variance for Robert F. White, 320 Woodhill Road, until the meeting of September 12 , 1977, to � allow the applicant to document hardship. Motion, Ayes (4) - Nays (0) . � � � � � � � � REGULAR' MEETING OF THE ORONO COUNCIL, AUGUST 22 , 1977 Page lg � Iienry Muhich, Building & Zoning Administrator, SUBDIVISION read into the record the following information 1125 Spring Hill Road �concerning a subdivision for Mr. Conley Brooks , #282 � • 1125 Spring Hill Road, dated June 28 , 1977, Conley Brooks which states: � The applicant is requesting a lot division for � purposes of constructing a new dwelling on the eastern portion of the property. The dwelling � construction has begun subsequent to Council , approval on June 13, 1977. The building meets � all setback requirements and the soil has been � proven suitable for an on-site disposal system. � The existing property has 20. 5 acres, of which a small area is marshland. The proposed split i creates two parcels, each meeting all the requirements for the LR-lA zone. � • West lot with existing dwelling - 14. 4 acres dry, 619 ft, width East lot - 5. 7 acres dry, 0. 4 acres wet, approx. 700 ft. width � The subdivsion would be subject to the minimum � park dedication fee of $250 per lot, or a total of $500 . 00. � A public hearing was scheduled for July 18 , 1977 �at 7 : 45 P.M. � Planning Commission Meeting - July 18 , 1977 ` A public hearing was held. No objections � voiced from those present. Planning Commission recommended approval of preliminary plat subject � to all neeessary easements and park dedication . fee of $500 ($250 per lot) . Directed applicant to proceed with preparing final plat after + Council action. � Council Meeting - July 25, 1977 � Approved subject to Planning Commission recom- mendations plus adequate utility easement � running parallel with Spring Hill Road, per the � City Engineer' s recommendation. � Staff - August 17, 1977 � This is a subdivision with only two lots. The subdivision required only simplified procedures. � Although it was previously given preliminary approval only, we should give this final � � approval and approve the attached resolution. � (Continued) � � i � � R�GULAFZ MEETING OF THE ORONO COUNCIL, AUGUST 22 , 1977 Page 19 � Butler moved, Pesek seconded, to adopt Resolution RESOLUTION #818 #818 , A Resolution Approving A Subdivision For Conley Brooks Subdivisic � Conley Brooks. Motion, Ayes (4) - Nays (0) . 1125 Spring Hill Road • (Continued) • Henry Muhich, Building & Zoning Administrator, CONDITIONAL USE PERMIT � read into the record the following information 2380 Watertown Road concerning a conditional use permit for William #2g� � Martin, 2380 Watertown Road, dated July 13, 1977, William Martin which states: � � Applicant is requesting a conditional use permit for the keeping of a horse and the erection of � a stable. He owns 49, 400 sq. ft. (1. 13 acres) on the corner and has leased the adjoining � property to the north, which is 116 , 650 sq. ft. (2. 68 acres) . Together the parcels equal 3. 81 � acres. The property is heavily wooded along • the east side of both lots; the leased lot has been cultivated for a large area along the road � and is marshy along the north edge. � As shown on the survey, the proposed location of the barn is 19 ft. from the east property � line, 162 ft. from Willow Drive, 122 ft. from Watertown Road and 151 ft. from the north � property line. 34. 031 requires a minimum of � 150 feet setback. 34. 842 requires a 30 ft. side setback for principal structures in the � RR-1B zone. Applicant has presented a letter of no objection from the east neighbor. s Planning Commission Meeting - August l, 1977 � , Applicant not present. Tabled. � Staff - August 10, 1977 � Talked with Mrs. Martin today. The property lease is open ended with no expiration date. � The proposed stable is the existing shed or chicken coop northeast of the house which � accounts for the location shown. There is no • intention of adding an additional barn structure. � Planning Commission Meeting - August 15, 1977 � Discussed with applicant. Neighbor, Gonsolus, also present. Recor.unended approval of a conditional � use permit which would have to be renewed after • one year subject to a written lease. � Butler moved, p�esek seconded, to approve the conditional use permit for William Martin, � 2380 Watertown Road, subject to written lease being submitted to the City. Motion, Ayes (4) - � Nays (0) . � � ` REGULAR�MEETING OF THE ORONO COUNCIL, AUGUST 22, 1977 Page 20 � Henry Muhich, Building & Zoning Administrator, MARINA LICENSES reviewed a memo on North Star Marina and a North Star Marina �+ letter to North Star P4arina and Gayle' s Marina, Gayle ' s Marina � dated August 15, 1977, which states: � "Enclosed is a draft copy of a resolution for licensing your marina which the City Council � intends to review at the next meeting scheduled for Monday, August 22, 1977. This resolution is � similar to the one agreed upon in 1975 and • contains provisions for dock length, boat density, landscaping requirements and general � operational performance standards as required by the Zoning Code and Chapter 73 of the Municipal � Code. Note that increases in the number of slips over previous licensing is not included. � , • If you have any comments or contentions, please call myself or Hank D4uhich or have a letter S delivered to this office prior to August 19, 1977. If you agree with these provisions and sign the � resolution, I expect Council will act on the license application. " � A. P. Olson � Asst. Zoning Administrator �nd of letter � P�emo to North Star P�arina - August 17 , 1977 � Paul Kempf advised staff that he and his attorney � were reviewing the license resolution and would have an answer for Council, but probably not in � time for action at the August 22 , 1977 meeting. � Council Meeting - August 22, 1977 � Massengale moved, Pesek seconded, to request � North Star Marina and Gayle ' s Marina to execute their resolutions related to 1977 licenses by � August 30, 1977. If resolutions are not executed, ! resolutions to deny licenses will be prepared for the September 12, 1977 Council meeting and � tags will be issued each day thereafter. Motion, Ayes (4) - Nays (0) . + � � � � � � i � • REGULAR' MEETING OF THE ORONO COUNCIL, AUGUST 22, 1977 Page 21 � Paurus moved, Butler seconded, that Lot 17, TAX FORFEIT PROPERTY Block 4, 42020/5200; Lot 18, Block 4, 42020/5300; Retain e and Lot 19, Block 4 , 42020/5400, be retained for � recreational purposes. Motion, Ayes (4) - Nays (0) . � � Butler moved, � Paurus seconded, to request the TAX FORFEIT PROPERTY � Building & Zoning Administrator to review Tract A, Review 43088/0300; Tract B, 43088/0600; Tract G, � 43088/2100; Tract V, 43088/6600 , South 1/2 of Section 20 for the next Council meeting. Motion, � Ayes (4) - Nays (0) . � ' Henry Muhich, Building & Zoning Administrator, ELIZABETH GARDNER SCHOOL presented to the City Council the attached � letters regarding the Elizabeth Gardner School, pages 22-25 � � � � � � � � � � � � � � � � � a • � • • • ��.b , Page 22 � INDEPENDENT SCHOOL DISTRICT NO. 277 �., � 5600 LYNWOOD BOULEVARD � ' �y•,�?' - `� MOUND, MINNESOTA 55364 •. r .. �_�� fi�_t � ""' r ; ,o,r�� ..� � DR. DALE FISHER �--�. � � i�� SUPERINTENDENT , � :` . � f��'r-��'V � "� DONALD BRANDENBURG DR. WAYNE SMITH ��.' � �1�":.'c'� -�--m ADMIN�STRATIVE SERVICES J u 1 y 2� , � 9�� INSTRUCTIONAL SERVICES � . � `� ' ' r � � �� d� � "_ � Mr. Henry F. Muhich D � � Zoning Administrator JUL �� I9i� City of Orono • P . 0 . Box 66 . � crysta� Bay , MN 55323 � �L�GH OF ORONO � Dea r Mr. Muh i ch : ..,�...v-r�__ ,_ , , . _ : _ , _. _ � Regarding your letters of January 26 and July 12 on the subject of zoning for Elizabeth Gardner School property in � Orono , we had not responded to your original letter on the belief that it is the responsibility of the church to apply � for a permit and understood they had been in touch with you . � From your conversations with the pastor of Calvary Memorial � Church you know the school board of the Westonka Public Schools has agreed to sell the property to that church , with several con- � tin�encies--one of which is that the City of Orono would grant a new conditional use permit. � � My understanding is that Calvary Memorial Church would intend to use the property for both religious and educational purposes . �, The actions of the Westonka Public School Board suggest its desire that the City of Orono issue the required permit to the � Calvary Memorial Church , and that this be done as early as possible , effective July 1 , 1978. � , Sincerely , , • � � �j�� Dale E . Fisher Superintendent • DEF/em � cc - Neil Bergstrom, Chairman � Board of Trustees, Calvary Memorial Church • Westonka School Board Members • Administrative Services Director � • a � • CENTRAL ADMINISTRATION OFFICES: TELEPHONE 612-472-1691 � Telephone�73-7357 � Page 23 • �.�� _� ` CI'T`Y of O�O�To � ��l,�� Post Office Box 66•Cryatal Bay, Minnesota 55323•Municipal Offices � �� . ��.. � ' r� On the North Shore oj Lake Minnetonka � � � � August 9, 1977 • � - • • Dr. Dale E. Fisher, Superintendent � Independent School District No. 277 � 5600 Lyrnaood Boulevard Nfound, Tiinnesota 55364 � , Dear DR. FI9-IER: � . • In resPonse to your assw�tion you noted in your letter of July 27, 1977, the Calvary ?�Semorial Church has not applied for the necessary pennits as I indi- � cated in my two previous letters dated January 26 and July 12, 1977. � Nfy first contact with anyone from the church was July 8 khen I called the pastor with whom I discussed the subject for the first time. After this con- • versation, I wrote to you on July 12, 1977, with a copy to Neil Bergstrom, the Chainnan of the Board of Trustees of the Calvary TSemorial Church. As yet, � I have not received any further comrrnmications. � The City Ordinance does not specifically stipulate whether it's the responsi- � bility of the seller or buyer to apply for permits required by the City. Qur main objective is to maintain order and proper zonirig in the City. The Coimcil � should be infozmed of any change of ownership on properties operating under a conditional use permit. � � • If a change is being considered, an application should be submitted with some additional data for review by Coimcil, Planning Coumission and Staff. A copy � of the conditianal use peimit application is enclosed. � I 've been instructed to inform you of the data required to be submitted with the application: � • a) Application (co�npleted) - b) Fee of $30.00 � c) Site plan with lot dimensions, building dimensions, location of stn�ctures in relation to lot lines, parking � and driveway areas d) Structure drawings indicating ntunber and size of morns � � � � � ' � � r r � � Page 24 � ' Dr. Fisher � August 9, 1977 . � Page 2 • � e) Explain proPosed use fl Projected enrollment � � Projected traffic and parking requirements h) Certified property owner's list of cn.�ners within 300 feet of � subject property boundaries (this can be obtained at the Hennepin Colmty Departrnent of Finance) � � Sincerely, . • �/��, �_��i'�.�.� � , • Henry F�fuh ich � ; � Zoning Administrator ' � I-I�M: be � � • � • • r • � � • • � � � � • � � • • • Page 25 � INDEPENDENT SCHOOL DISTRICT NO. 277 r•,�, 5600 LYNWOOD BOULEVARD � ' ' . : �� N10UND, MINNESOTA 55364 - :, �'.:-.�. � "�� ,o,. �---�-- " DR. DALE FISHER ��-, • - „� - --,�-{- L J ? : � SUPERINTENDENT � _ ` �•� - .-' : � _ r;� '" DONALD BRANDENBURG DR. WAYNE SMITH • ` `� � �•A' "°m ADMINISTRATIVE SERVICES INSTRUCTIONAL SERVICES ,� �, �" . r � � August 11 , 1977 r - Mr. Henry Muhich, Zoning Administrator -� �- - - i Ci ty of Orono � �� i P. 0. Box 66 � Crystal eay, Minnesota 55323 � Dear Mr. Muhich: � Al�� J Jc � The Superi ntendent has commi ssi oned me to work wi th you �H�LLth��h��h�eop'1 e i n the • matter of gathering and placing in your hands the necessary documents and fees listed . in your letter of August 9. � � I have just today agreed with Steve Martin who has been involved in all of the negotia- tions that have transpired between the church and the school district, and is a trustee � of the church, that the church will submit the Conditional Use Permit Application and additional data listed. � I am pledged to assist them in gathering the necessary information. • � Mr. Martin indicated that he would be in contact with Mr. Bergstrom irrm�ediately upon receipt of the Conditional Use Application form which I am forwarding today alona with � a copy of this letter. � If I can be of separate assistance to you, please call . 7 Mr. Martin asked that you be given his phone numbers: Business 332-8661 � Home 472-4119 � He may be the person assuming most of the responsibility in seeing that the application is completed and submitted to you soon. i - Anticipated change of ownership is about 11 months off but you are probably correct in � pressing for an early consideration by the Planning Corrpnission and Council . � May I thank you for prodding us into action. � Yours truly, • � � ' r G��t.�t�-�� -'I � D. F. Brandenburg Director of Administrative Services � cc: Dr. Fisher, Supt. � School Board Steve Martin CENTRAL ADMINISTRATION OFFICES: TELEPHONE 612-472-1691 � R�GULAR MEETING OF THE ORONO COUNCIL, AUGUST 22 , 1977 Page 26 � Henry Muhich, Building & Zoning Administrator, SUMMIT _STATION PRD informed the City Council the following information (Herrick Circle) � concerning the Summit Station PRD (Herrick Circle) dated August 16 , 1977, which states : � . Completion of the replatting of Herrick Circle, to be known as Summit Station, will require the i following: � l. Council action to extend the May l, 1977, deadline of Resolution 726 to allow the following � steps. Final plats are now on file with the + City and the sewer is in operation. The City Engineer will supply a letter of final acceptance. � 2. Planning Commission review of the proposed � homeowner' s agreement and open space easements over Outlots 1 & 2. Outlot 2 also should have an underlying access easement to the City as the • proposed drive will be the only access to the six lots. � 3. Planning Commission public hearing (scheduled � for September 19 , 1977) to be held concurrently on the land use plan amendment, rezoning and � street vacation. � 4. Council action, in order: � a) Resolution amending the land use plan within the framework of the Comprehensive Guide Plan. � - b) Ordinance rezoning from RR-1B to R-lA. � c) Resolution vacating Herrick Circle Street. � • d) Resolution approving the Sumit Station plat. � 5. Staff collection of park fee and reir.lbursements, before signatures on the plat drawings. r 6. Applicant' s recording of the plat. � • Council Meeting - August 22, 1977 • Butler moved, Pesek seconded, to extend the filing date of Resolution #726 for 60 days from � this date, August 22, 1977. Motion, Ayes (4) - Nays (0) . � � � � � REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 22 , 1977 Page 2� � Henry Muhich, Building & Zoning Administrator, STATUS REPORT informed the City Council that the following � items were being reviewed by the Planning � Cor.unission for action at a later date: Victoria Grain Company, 500 North Arm Drive, � revised dock proposal; William Stewart, 140 Leaf Street, lot area and width variance; Lucian Strong, 1860 Fox Street, preliminary sub- division; Crosstown Properties, Inc. , 3201 Navarre � Land, subdivision - PRD; Gerald Finn, 1640 Shady- wood Road, garage setback variance; North Shore � Drive Marina, 3222 North Shore Drive , dredging • application; Stubb' s Bay Marina, 3445 Bayside Road, dredging application; H. William Lurton, � 3300 Fox Street,�onditional use, grading, filling, and riprap;E. Jerome Carlson, 170 Smith Avenue, � conditional use and variance, wetlands variance and setback variance; Robert Harvey, Sr. , 4660 � Watertown Road, preliminary subdivision; Ski • Ordinance, public hearing scheduled for September 12, 1977; Hamilton Moran, 2965 Casco Point Road, � preliminary subdivision and street vacation. � Mr. Emmings, representing Mr. Larry Hork of NORTH SHORE DRIVE MARINA North Shore Drive Marina, requested the City Dredging Permit Council to act on his client' s request to � dredge because of time constraints. The City � council re�uested Mr. Emmings to apply for a dredging permit through the Building & Zoning Department and appear before the Planning Commission for their review and recommendation � on this matter. � Dick Benson, City Adrninistrator, reminded the SYSTEMS STATEMENT � City Council that the City of Orono had 60 days ' to review its Systems Statement and to request a public hearing before the Metropolitan Council, � if desired. The 60 day period will terminate August 29, 1977. � __ Massengale moved, Paurus seconded, to request � the Pdetropolitan Council to hold open the . City' s option for a public hearing at a later date. P4otion, Ayes (4) - Nays (0) . � � � � • REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 22 , 1977 Page 28 � Butler moved, Pesek seconded, to adopt Ordinance ORDINANCE NO. 198 No. 19�, An Ordinance To Amend The Municipal Code Height of Certain �f Orono Relating To Height Of Certain Structures. Structures otion, Ayes (4) - Nays (0) . � Butler moved, Pesek seconded, to approve the July 27 , BOULDER BRIDGE PROPOSAL � 1977 letter to Mr. Thomas S. Maple, Chairman of the Lake Minnetonka Conservation District concerning � the Boulder Bridge Proposal. Motion, Ayes (3) - Nays (0) . � � Butler moved, Pesek seconded, to approve a large LARGE ASSEMBLY PERMIT � assembly permit for St. Martin' s by-the-Lake St. Martin' s Church Church for a County Fair at the P4innetonka Center � of Arts and Education location. Motion, Ayes (4) - Nays (0) . Dick Benson, City Administrator, reviewed a AMUSEP�iENT DEVICE • memo from Chief Kilbo dated August 19 , 1977, concern- ORDINANCE ing an amusement device ordinance, which states: + I have reviewed ordinances from St. Louis Park, St. Francis, Owatonna, Albert Lea, L9orthington, and Spring Park. I believe the ordinance St. �ouis Park has drafted is adequate and forr.is a • ood base for any future changes. I would add two provisions requiring the licensee to prohibit • minors from playing machines and to prohibit minors from playing or remaining in the same � room if liquor or beer is served. Also, this ordinance should be a misdemeanor. I have had � a brief discussion with Fritz Brown who sent several of these ordinances. Mr. Brown indicated � that he would like to see something in the ordinance • that would make the licensee responsible to the Council for some of the conditions of the license. � This could, in some cases , allow the alleged violation to be heard by the Council rather than the Municipal Court System. � Butler moved, Pesek seconded, to direct staff to follow up with a recommended ordinance for amusement devices. Piotion, Ayes (4) - Nays (0) . r • Dick Benson, City Administrator, informed the BZG ISLAND FIRES City Council that Chief �:ilbo has reviewed a resident' s concerns on recreational fires on Big Island.; Chief Kilbo' s memo dated August 19, 1977 states`: � (Continued) REG�LAR �IEETING OF THE ORONO COUNCIL, AUGUST 22 , 1977 Page 29 '�I have reviewed Mr. Dennis Kilbane' s letter to BIG ISLAND FIRES the Minnesota Pollution Control Agency dated (Continued) �uly 15 , 1977, in which he presents the problem. � he island is almost 100$ privately owned with the exception of two parcels of land. One is • a 50 plus acre parcel owned by the Hennepin County Park Reserve and another 54 acre parcel • owned by the Veteran' s Administration and operated by the Veteran! s of Foreign Wars. � I have reviewed the letter from P.C.A. to you dated July 22 , 1977, in which the P.C.A, stated the problem should be addressed by adoption of � a local ordinance on open burning. It mentions • the ordinance would have to follow strictly APC-8 but could add additional control such as requiring a permit for recreational , fires. On August 7, 1977 , I talked to John Christian of the Hennepin County Park Reserve District, 473-4693. He indicated the Park Reserve already has an ordinance coverning fire which states, � "it is unlawful for any person to: start a fire . in a park, except in a designated area, and then only in fire rings, portable stoves or grills" . I checked with the League of Cities and received �hree ordinance copies, all dealing with pro- ibition of fires in parks. The representative � knew of no ordinance prohibiting or restricting • fires on pri�vate property. . I spoke to Representative Jim Rice ' s office (Chairman of House Committee on General Legis- lation and Veteran' s Affairs) . This group took a tour of Big Island August 17, 1977, on a fact � finding mission relative to the Department of Veteran' s Affairs taking over the Big Island � Veteran' s Camp. This office stated that there would be no substantial change in operations if and when the Department of Veteran' s Affairs takes over. This leaves this area of the island a private area. � This then brings us to the problem at hand. Even if the City of Orono were to adopt an ordinance requiring a permit for open burning, first, it � would not apply to 50 acres of land owned by • the Hennepin County Park Reserve; second, an ordinance restricting recreational fires on , private property would be difficult to enforce, and might be discriminatory; third, current laws such as "Trespass" probably cover most of he recreational fires that are a problem now; forth, the Department of Veteran' s Affairs will probably restrict burning to burning only in designated areas on their property by their guests. Based on these facts, I recommend no changes in our ordinances.'s (Continued) ` REGULAR �MEETING OF THE ORONO COUNCIL, AUGUST 22 , 1977 Page 30 Council P�4eeting - August 22 , 1977 BIG ISLAND FIRES (Continued) �o action was taken at this time concerning � ecreational fires at Big Island. Dick Benson, City Administrator, presented to PETITION - Sandy Beach the City Cou:.ci_'. a petition received August 19 , 1977 from John T. Hartmann, an attorney, concerning � the public lake access at Cherry Avenue and Maple Place, which states: "The undersigned property owners, whose homes lie adjacent to or in close proximity with a certain • 60-foot strip of lake public access area located at the intersection of Cherry Avenue and Maple Place in the City of Orono, County of Hennepin, State of RSinnesota (referred to herein as "Beach Area" ) , hereby petition the Orono City Council for the closure of said Beach Area. Petitioners seek the closure of the Beach Area on the grounds that it now, and for several years prior hereto, constitutes an unreasonable inter- ference with the enjoyment of your Petitioners ' property in the following respects: High levels of noise constantly being emitted �� from said Beach Area, often until 2 : 00 a.m. and later, unreasonably disturbing not only sleep, but other day and nighttime activities of your Petiticners. During the daytime, swimming classes which are held at the Beach Area create much of the noise emitted. Also, many adults, young adults and children attend the area for swimming, partying, and use the � Beach Area as a hangout. In the evening hours, the loud noise comes from adults and teenaged youths who hold parties and other group gatherings where alcohol and marijuana are often consumed, frequently into the early morning hours. � 2. Adults and children who use the Beach Area constantly shout profanities. Your Petitioners, their children, and their guests, are subjected • to hearing this type of language at all hours of the day and night. 3. Your Petitioners ' property is repeatedly tres- passed upon and their privacy is invaded at all hours of the day and night. As a result, your Petitioners have experienced: window peeping; broken windows; theft of property kept in their yards, boats, and garages; great amounts of litter (e.g, beer cans, pop bottles, potato chip boxes , under- wear, feminine sanitary napkins, broken glass) (Continued) ` REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 22 , 1977 Page 31 left in their yards; intrusions into their PETITION - Sandy Beach mailboxes; large dogs brought= to the Beach (Continued) � Area roaming through their yards and terror- � izing their young children as well as your petitioners; children riding bicycles through their yards; children getting into your Petitioners' boats and playing on their docks; branches broken off their trees from children swinging on them; automobiles entering their , driveways for "u-turns" ; and, broken yard lights. 4. There are no lifeguards or other supervisory personnel assigned to the Beach Area. Many children are simply dropped off by their parents at the Beach Area to remain for the day. Childern are often seen urinating on and around the Beach . Area due to the fact there there are no outdoor . tQilet facilities. Signs posted at the Beach Area prohibiting conduct, for example: "No Swimming Allowed 10 p.m.--6 a.m. " , "No Littering" ; "No Launching of Boats" ; "No Fires or Food Permitted" : "Do Not Block Driveway" ; and "No Parking Any Time" , are repeatedly ignored, and violations occur on a daily basis. 5. Great numbers of automobiles are parked on and around the Beach Area, blocking driveways and � in violation of posted parking restrictions. Orono , police have failed to enforce these parking restrictions and the violations thereof. This fact also serves to create a fire hazard to your - Petitioners in that fire trucks would have no means of getting close to burning houses in the area surrounding the Beach Area. � As a result of the above-referenced activities � occurring in and around said Beach Area, your Petitioners have suffered an unreasonable inter- ference with the enjoyment of their property. As a result of the City of Orono' s maintenance of said Beach Area, Petitioners face the strong likeli- hood that the market value of their property has and will continue to decline. The City of Orono, which is responsible for control and regulation of the Beach Area, has maintained and permitted conditions to exist at the Beach Area which unreasonably annoy, injure and endanger the safety, health, morals, comfort and respose of your Petitioners who live adjacent to or in close proximity with the Beach Area. For these reasons, we request that the Beach Area be closed to the public.^ �espectfully submitted: r. & Mrs. Franz Reinhardt I�1r. & rsrs. Richard Oliver 3907 Cherry Avenue 3 8 9 8 C herry Avenue Mr. & Mrs. Gale Landberg Mr. & Mrs . H. W. White 1545 Maple Place 3908 Cherry Avenue (Continued) 7 ` . , REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 22 , 1977 Page 32 Council Meeting - August 22 , 1977 PETITION - Sandy Beach (Continued) �utler moved, Pesek seconded, to direct staff to � eview petition as submitted and submit a recom- � mendation to the City Council for the next meeting, September 12 , 1977. Motion, Ayes (4) - Nays (0) . Butler moved, Paurus seconded, to continue the EMPLOYMENT - Golf Course employment of Brian Kramer as a part-time helper Brian Kramer at the Orono Golf Course from September l, 1977 to October 15, 1977, at a rate of $2 . 50 per hour, not to exceed ninety hours. Motion, Ayes (4) - Nays (0) . Butler moved, Paurus seconded, to approve the JULY 1977 RECEIPTS, ETC. Summary of Receipts, Disbursements, and Balances for the month of July, 1977. Motion, Ayes (4) - Nays (0) . Butler moved, Paurus seconded, to approve the SEVEN MONTHS RECEIPTS, Summary of Receipts , Disbursements, and Balances ETC. 1977 for the seven months ended July 31, 1977. Motion, Ayes (4) - Nays (0) . �ick Benson, City Administrator, announced to the PUBLIC HEARING DATE public that a public hearing will be held Sept- Levy Limit ember 7, 1977 at 7: 00 P.M, concerning a resolution to increase the 1977/1978 levy limit. Dick Benson, City Administrator, announced to the PUBLIC HEARING DATE public that a public hearing will be held Sept- Ski Ordinance � ember 12, 1977 at 7: 00 P.M. concerning an amend- , ment to the Orono Ski Ordinance. Paurus moved, Butler seconded, to direct staff SKI-TONKA to follow standard procedures concerning all permits and conditional uses for Ski-Tonka. Motion, Ayes (4) - Nays (0) . Paurus moved, Butler seconded, to hold a Council WORK SESSION work session on August 30, 1977 at 7: 00 P.M. Budget concerning the 1978 budget. 14otion, Ayes (4) - Nays (0) . Butler moved, Massengale seconded, to table until DNR RULES the meeting of September 12, 1977 the Department �f Natural Resources Rules to allow staff time for review. Motion, Ayes (4) - Nays (0) . � � . � • REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 22, 1977 Page 33 � Butler moved, Massengale seconded, that the LICENSES following licenses, be approved: P4otion, �yes (4) - Nays (0) . � � Paycheck Plumbing - Plumber ' H. Ruppert & Son Well Company - Well Driller � Butler moved, Massengale seconded, that the BILLS � All Funds Accounts 1272 through 1330, 5680 through 5724 , 19568 through 19573, and Liquor � Store Accounts 12073 through 12092 , be paid. • Motion, 'Ayes (4) - Nays (0) . � Butler moved, Massengale seconded, that the ADJOURNMENT � meeting be adjourned at 12 : 05 A. M., P4otion, Ayes (4) - Nays (0) . � r � I 4 � I l (/�/w�^'� V William B. Van Nest, Mayor c � � Attest: �v � � Walter R. enson, Clerk-Adr,linistrator � � � � i • � • • • a • • � i • i