HomeMy WebLinkAbout08-15-1978 Council Minutes 1.
CITY OF ORONO
Regular Meeting of the Orono Council, 7: 00 P.r�.
August 15, 1978
The Orono Council met on the above date with
the following rnembers present: Mayor Van rlest,
Council�embers Butler and Pesek. Absent:
. Councilmembers Masse�gale and Paurus. Council-
menber MassengaZe arrived at 8: 45 P.i�. Also pre-
sent: City Administrator Benson, City Planner
Olson, and City Attorney P4alkerson.
Pesek moved, Butler seconded, to approve the CONSENT AGENDA*
Consent Agenda*, except items 2 & 9 , with all
staff data and supportive inforMation to be
included in the Minutes in the sequence they
' occur. r�otion, Ayes (3) - Nays (0) .
Butler moved, Pesek seconded, to approve the rIINUTES
Minutes of the Regular P�eeting of July 25, 1978 ,
as aMended. Motion, Ayes (3) - Nays (0) .
i7o comments fror.i the Park Commission. PARK COr2MISSION
i10 comments from the Planning Comriission. PLANNING COP�lMISSION
No comments from the Lake P�Iinnetonka Conservation LMCD REPORT
District.
Mr. Alan Olson, City Planner, presented the City SUBDIVISION*
Council with the following information for the 2885 Sixth Avenue N.
asterisk agenda, dated August 9 , 1978 , which states: #�356
_ Karl Gardner
The preliminary plat for Karl Gardner, 2885 Sixth
Avenue North, was approved on r7arch 16 , 1978 , by
Resolution #890. At this time, all conditions have
been completed to the satisfaction of the staff.
Referring to Resolution #890 : Item #7 - P4r. Gardner
has delivered recorded easements exectued at the
tir:ie of the Liberty Acres plat providing for road-
way maintenance without the necessity for a homeowners
association; Item #9 - There was great difficulty
finding suitable septic sites on Lots 1 & 2 , Block 2 ,
but this has now been accomplished.
Council P�eeting - August 15, 1978 '
Pesek moved, Butler seconded to adopt Resolution RESOLUTION #927*
#927, A Resolution Approving The Plat Of Garden
Grove, for Karl Gardner, 2885 Sixth Avenue Plorth.
Motion, Ayes (3) - P1ays (0) .
, REGULAR PiEETIPdG OF THE ORONO COLJNCIL, AUGUST 15, 1978 Page 2
Mr. Alan Olson, City Planner, entered into the record STUBBS BAY PiARINA
the following information concerning the Stubbs Bay 3445 Bayside Road
Marina building construction dated August 11, 1978, #390
which states: James McC�eary
On August 9, 1978, the Building & Zoning Department
placed a stop work order at 3445 Bayside Road. A
backhoe operator was just starting to dig trenches,
apparently for construction of a new building.
There were no construction plans on site and the
operator could not even say who the contractor was.
The trenches were dug in sand to about four feet deep.
The ground water had already filled the bottom foot
or so of the trench. The Building & Zoning Depart-
ment' s position, pursuant to State Building Code
Section 302 (d) , is that permit No. 3696, which was
posted on site, had previously expired on P'iarch 22,
1978, 120 days after issuance with no construction
started at that time.
Brief History
Fall, 1976 - Owner applied for Council approval of
new building plans including expansion of facilities.
January, 1977 - Previous marina buildings completely
destroyed by fire.
February 28, 1977 - Council approved 40 X 80 building
plan subject to building code requirerlents.
Decer,tber 21, 1977 - Building Permit #3696 issued by
staff.
P4arch 22, 1978 - Perr.tit expiration_
August 9 , 1978 - Start of work - stop order.
Staff has several concerns with this project:
1. The construction plans reviewed in 1977 are
incomplete by todays requirements. There are
no structural drawings on �ile .e��ce-�t �or the
foundation.
2. The permit was issued to Lester Buildings, a
contractor, no longer involved. The new
contractor, Richland Buildings, is a different
supplier and may have different plans. None
have been subr.litted to the City to date.
(Continued)
� REG,ULAR riEETING OF THE ORONO COUNCIL, AUGUST 15, 1978 Page 3
3. The owner, Jar.tes .PicCleary, has since moved out STUBBS BAY D4P,RINA
of state and may not be the only party with legal (Continued)
or equitable interest in the project. The
permittee must be known to the City and r.iust
be accountable.
• 4. The foundation design involves excavation for
rer.�oval of poor soil and then back fill and
compaction of better soil. Some of this work
was apparently done this surimer but no inspections
were called and the compaction method or results
are unknown. Foundation exploration testing is
necessary.
5. Since original review of the proposal by the
Planning Commission and Council, the City has
adopted an on-site sewage treatment code
(Ordinance No.. 210 , April 13, 1978) which
establishes design and installation criteria for
on-site systems according to the current state
PCA requirements and the current state of the art.
The 1976/77 plan review did not address the septic
system. With known c�round water level at three
feet or above, extensive testing is required
before a system can be reviewed. The existing
system (alluded to in 76/77) is most likely
improperly constructed and quite possibly dis-
functional.
� 6. Since original review of this proposal, the
United States Department of Housing and Urban
Development has completed a flood hazard study
for Orono_ The report dated March 10, 1978 ,
� identifies the entire marina site within the
flood plain of Lake Minnetonka. Orono Ordinance
` 31. 830 prohibits any construction in a wetland
or flood plain. HUD requirements and State of
Minnesota requirements may preclude construction
at this location. In any event, the owner has
not provided the necessary studies and engineering
data to permit the City to review the flood
hazard potential of the project..
7. Since early 1977, the marina property has
deteriorated. The area is weedy and unkept.
The docks are unsafe and underwater. There has
been no service facility on site. The only vestage
of marina facilities are the temporary docks in .
the lake. There was ample time in 1977 to acquire
the permit, rebuild the facilities and operate
a public-serving marina. The owner did not do so.
8. The new information available toda.y and the new
requirements of the flood plain regulations cast
serious doubt upon the advisability of the Council
reissuing the building permit. I believe that a new
more detailed set of plans should be first reviewed
by the staff and the Plannnig Commission. (Continued)
. REG,ULAR r�iEETIPIG OF THE ORONO COUNCIL, AUGUST 15, 1978 Page 4
9. The Marina has not, invested in on-land facilities STUBBS BAY i�fP,RINA
or property maintenance. The marina has not (Continued)
repaired the non-conforn►ing temporary docks. The
only comriercial activity on site is the subdivision
and squaring off of public waters for the lease of
boat storage space to a few non-riparian boat
owners. The area was zoned B-2 in 1974 only because
of the existing land use at that time. That may
have been a mistake since it ���as "spot zoning" with
the surrounding area all residentially zoned and
residentially used. With no existing commercial
land use, there appear strong reasons for reviewing
the issue and for reconsidering the basis for this
zoning. This review should be the first priority.
Letter received from James P�4cCleary dated August 9 , 1978 ,
states :
"The building perr.tit which was issued to me sometime
ago for a building at the Stubbs Bay Marina has expired.
We were unable to complete the construction during the
anticipated time due to weather conditions. Initially,
the ground was too soft to complete the excavation
and backfill. This condition was followed by inordinate
amounts of rain causing the backfill area to be extremely
wet.
Recently, Mother Nature has been cooperating, but the
perr,iit has expired. I would appreciate your extension
of sar►e as I have several thousand dollars �oorth of
building paid for and on-site, ready to be constructed.
Thank you for your consideration. "
End of letter
Council Meeting - August 15, 1978
Note: Applicant not present
Butler moved, Pesek seconded, to table the Stubbs Bay
D'iarina, 3445 Bayside Road, building construction request
of James P�cCleary until applicant requests to be heard.
Motion, Ayes (3) - Nays (0) .
Mr. Alan Olson, City Planner, entered into the record SUBDIVISION
the following request for a subdivision of PZichael 4145 Watertown Road
Plank, 4145 Watertown Road, dated July 24, 1978, #399
which states: r4ichael Plank
Public Information Pseeting: D4r. Plank was present.
Mr. Joseph Sawchuk was present and had comments
regarding drainage, but who did not object to the
` present proposal.
(Continued)
, RWGpLAR PZEETING OF THE ORONO COtJP1CIL, AUGUST 15, 1978 Page 5
Planning Commission recommended approval of the SUBDIVISION
preliminary subdivision subject to park dedication �1145 Watertown Road
fee being paid, conservation and drainage easements, (Continued)
and dedication of the Watertown Road right of way.
Planning Commission deferred action on the variance
proposal, requesting a more detailed survey and
plan for the proposed house.
Staff Note - August 7, 1978
Mr. Plank has subriitted a revised sketch of proposed
Lot 2 showing the requested location of a 24 ' X 50 '
house.
Front setback variance required:
34. 742 Required setback: 100 ft.
Proposed setback: 75 ft.
Variance: 25 ft. - 25�
The house as located has a front line on a contour
6 ' below the road. If located at the 100 ft. setback,
the front line would be 10 ft. below the road. The
septic testing was done in a range of 6' to 14 '
below the road (959 to 951) ��hich indicates that
a gravit_v s��steri could be installed with the house
in the proposed location, but that a pumped syster.l
would most likely be required if the setback require-
ment was met.
Council P4eeting - August 15, 1978
Pesek moved, Butler seconded, to approve the subdivision
request of 2�iichael Plank, 4145 Watertown Road, per the
Planning Commission recommendations of July 24, 1978,
subject to conceptual approval of the variance until
f inal plat approval. P'Iotion, Ayes (3) - Nays (0) .
Mr. Alan Olson, City Planner, entered into the record VARIP,IVCE
the following concerning a variance request of John 2208 Shadywood Road
Proegler, 2208 Shadywood Road, dated July 17, 1978, #�407
which states: John Proegler
The applicant is requesting a variance fror.i front
yard and side yard setback requirements for con-
struction of a new garage. The location is over
the existing parking area and away from several
eYisting trees. The existing non-conforming garage
is intended to remain. The side setback proposed
does rieet State building code requirements.
(Continued)
REGULAR 2�ZEETING OF THE OROP10 COUNCIL, AUGUST 15, 1978 Page 6
Variances: LR-1C 34. 552 VARIANCE
Front setback required 30 ft. 2208 Shadywood Road
proposed 15 ft. (Continued)
variance 15 ft. = 50�
Side setback required 10 ft.
proposed 3 ft.
variance 7 ft. = 70�
Hardship: Existing substandard lot width
Existing location of mature maple trees
and plum tree.
Note: Pdr. Proegler has prepared three sketches
showing the effects of this proposal:
#1 shows the property as it existed with an old
shed inplace.
#2 shows the propoerty with a new garage located
per all setbacks.
#3 shows the requested garage location with variances.
Planning Commission r2eeting - July 24, 1978
Mr. Proegler was present. Discussion ensued regard-
ing effect of encroachment on drip line of trees.
Mr. Proegler does not want to remove existing garage
due to loss of grape vines on that structure and
also due to needed storage space. iSotion to approve
variances as requested finding hardship of existing
tree locations and conformity with existing neighbor-
hood. Vote: Ayes (6) - Nays (1) . JoEllen Hurr Nay_
She voted against approval as she did not see the
hardship of the grape vines, was concerned with the
nunber of garages on the lot, and questioned the
encroachment upon the neighbors evergreen trees.
Council P�'teeting - August 15, 1978
Mayor Van Nest: The City does not want to encourage
additional buildings on small lots.
Mr. Proegler commented that he would be willing to
remove the existing garage wittiin 30 days.
Mayor Van Nest moved, Pesek seconded, to direct staff
to prepare a resolution for Council review at their
next Council meeting to allow a 24 ' X 24' two-car
garage, subject to existing garage being removed
within 30 days and applicant sign-off on resolution.
Motion, Ayes (3) - Nays (0) .
REGULAR P'iEETING OF THE ORONO COUNCIL, AUGUST 15, 1978 Page 7
P2r. Alan Olson, City Planner, entered into the SUBDIVISION
record the following request for a subdivision 4605 Watertown Road
of Graydon McCulley, 4605 Watertown Road, dated #408
July 5 , 1978, which states: Graydon P4cCulley
This is a proposed 11 lot residential subdivision
� in the RR-lA - five-acre zone. The property consists
of three parcels totalling 59 acres in Orono plus
an additional 40 acres in Independence. The
Orono portion contains three existing houses (two
on Parcel 0480 and one on a one-acre Parcel 0485) .
This last parcel was divided by City Council action
on February 12, 1968, but was not recorded at the
County until March 23, 1978, after the current
zoning was in effect (3+ years) and after preliMinary
discussions with the City staff regarding this
proposed division.
Planning Commission PZeeting - June 26, 1978
Planning Commission reviewed a stetch plan proposal
including the one-acre lot. Cor,unents were generally
favorable subject to septic system review and to a
variance application.
Staff Note - July 5, 1978
Received revised plan and variance application for
preli�inary plat review. The road and some lot
lines have been changed somewhat from the first
proposal.
All 11 lots have Orono access. Four lots along the
west side have from 4. 80 to 6.12 acres in Orono
plus an additional 10 acres in Independence. All
lots rneet the minimuza five acres/300 ft. width
requirement except Lot 2 , Block 1, the "existing"
one acre parcel. Of all 11 lots, including Lot 2,
Block l, but excluding Independence acreage, the
average lot area is 5.075 acres.
The Planning Commission must make a policy decision
regarding the substandard lot. The lot is in common
ownership. Alan Olson's recommendation is that this
lot be increased to at least two acres minirium for
unsewered property. This could be done by reducing
the size of an adjacent lot or by omitting one lot.
Septic system site evaluation reports are attached.
No testing is required for five acre sites but a
soil report has been requested.
- (Continued)
REGULAR 11iEETIPJG OF TFiE ORONO COUNCIL, AUGUST 15, 1978 Page 8
Variances 34.742 (Lot 2, Block 1) _ SUBDIVISION
4605 Watertown Road
Lot area required: 5 acres (Continued)
Lot area proposed: 1 acre
Variance: 4 acres = 80�
Lot width required: 300 ft.
Lot width proposed: 142 ft.
Variance: 158 ft. = 53$
Side setback required: 50 ft.
Side setback proposed: 30 ft.
Variance: 20 ft. = 400
Hardships: Existing house and existing parcel
location. Note: This is common ownership.
Planning Commission ileeting - July 24, 1978 `
Public inforr.iation meeting. Mr. P�icCulley was
present. No public comments were heard. Discussion
included: access - all new lots to have access off
new road, existing access to houses on Lots 1 & 2
will require easement declaration; septic - existing
problems with existing rental houses on Lots 2 & 3
must be resolved at once; soil report - from Jim
Anderson recor,imends testing on Lots 4 & 5, Block 2.
Existing buildings: r.tany large farm buildings
seen out of character with residential developrient
and use must be restricted to allowed uses.
Main discussion and concern centered on one-acre lot
requiring area variance. Average division density
was noted as was average width of lots abutting
highway. Lot was previously approved, built on and
recorded, though recording was delayed past current
local statute of limitations (one year maximum now
allowed - this lot took 10 years) . Septic problems
were a major concern. Mr. McCulley assured the
Planning Commission he would resolve these problems.
Planning Commission recommended preliminary plat
approval as submitted, including one-acre lot,
subject to the following:
l. Private road with easement to the City.
2. Dedication of SVatertown Road right of way.
3. Drainage easement over creek_
4. Typical drainage and utility easements_
5. Park dedication fees being paid.
6. Variance for Lot 2, Block 1, providing approved
septic system repairs can be made within this
lot (including primary and alternate site) .
7. Notice given that existing farm buildings are to
be used only for approved residential accessory
building uses. (Continued)
REGULAR P�iEETING Or THE ORONO COUrICIL, AUGUST 15, 1978 Page 9
Motion approved - Vote: Ayes (5) - Nays (2). . SUBDIVISION
Frahr.► and ��ilson Play - both gave the reasons that 4605 �aatertown Road
they felt no hardship was shown when so much (Continued)
adjacent land is available, comnounded by existing
septic system probler.is .
Council Meeting - August 15, 1978
Mr. PdcCulley comr.►ented that there are other lots
and homes in the area comparable to this proposal.
Mayor Van Nest moved, Butler seconded, to approve
the subdivision request of Graydon McCulley, 4605
�9atertown Road, per the Planning Commission
recor,imendations of July 24, 1978, subject to:
l. r�odify #2 condition to read declaration of
right of way to the Orono ring route.
2. P'iodi�y #6 to add Lot 2 to be no less than
two acres in size, all other lots to be four
and one-half acres minimum.
Motion, Ayes (3) - ilays (0) .
Mr. Alan Olson, City Planner, presented the City VARIAPICE *
Council with the following information for the 3085 Casco Point Road
asterisk agenda, dated August 10, 1978, which states : Gloria Dotzenroth
A building permit was issued to Gloria Dotzenroth
for 3085 Casco Point Road, on July 24, 1978 for a
24' X 30 ' garage which met all setback requirements_
At the July 25, 1978 , Council meeting, the Council
conceptually approved a variance to allow relocation
of the garage to five feet from the property line
subject to Alan Olson' s approval. �
Inspections during the week of July 31 indicated
that the proposed garage would not fit, even with
the five foot variance, due to trees, the house
location and the driveway angle. It was determined by
Nir.Olson that a revised location in the northeast -
corner of the lot would be a :1uc���hetter site. This
location also requires a variance which application
was made on August 1, 1978.
As of August 8, 1978, the proposed area had been
cleared and the garage location staked. I request
the Council to affirm my decision to relocate the
garage in the northeast corner of the lot with the
following variance to 34. 552 LR-1C:
� (Continued)
REGU,LAR MEETING OF TH� OROtdO COUNCIL, AUGUST 15, 1978 Page 10
34.5�3-LR-1C- Front yard required: 30 ft. VARIANCE *
proposed: 10 ft. 3085 Casco Point Road
variance: 20 ft. = 66� (Continued)
Council Meeting - August 15, 1978
Pesek moved, Butler seconded, to approve the request
for a variance of Gloria Dotzenroth for 3085 Casco
Point Road. 1•?otion, Ayes (3) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #928
Resolution #928, A Resolution Reapproving A Lot Leo & Percy Duehn
Division For Leo And Percy Duehn. P�otion, Ayes (3) -
Nays (0) .
Pesek moved, Butler seconded, to approve the RIPRAP PERMIT *
riprap request of rlorman Paurus , 2500 Casco Point 2500 Casco Point Road
Road, subject to the Minnehaha Creek Watershed Norman Paurus
District permit. P4otion, Ayes (3) - Nays (0) . .
Pesek moved, Butler seconded, to approve the RIPRAP PERMIT *
riprap request of Jerome Lagne, 2138 Shadywood 2138 Shadywood Road
Road, subject to the P•sinnehaha Creek Watershed Jerome Lagne
District permit. t'iotion, Ayes (3) - Nays (0) .
Pesek moved, Butler seconded, to approve the RIPR.AP PERMIT *
riprap request of David Williams, 1400 Rest Point 1400 Rest Point Road
Road, subject to the P�innehaha Creek Watershed David [ailliams
District permit. 2sotion, Ayes (3) - Nays (0) .
Pesek moved, Butler seconded, to approve the RIPRAP PERMIT *
riprap request of Hugh Jones, 1405 Rest Point 1405 Rest Point Road
Road, subject to the P�Zinnehaha Creek Watershed Hugh Jones
District permit. P�otion, Ayes (3) - Nays (0) .
Pesek moved, Butler seconded, to approve the RIPRAP PERMIT *
riprap request of P�4rs. Howard Williaris, 1406 Rest 1406 Rest Point Road
Point Road, subject to the Minnehaha Creek Water- Mrs. Howard Williams
shed District perr�it. Motion, Ayes (3) - Nays (0) .
Pesek moved, Butler seconded, to approve the RIPRAP PERMIT *
riprap request of Orriond Luger, 2696 Caroline 2696 Caroline Avenue
Avenue, subject to the P'Iinnehaha Creek Watershed Ormond Luger
District permit. Motion, Ayes (3) - Nays (0) .
?esek moved, Butler seconded, to approve the RIPRAP PERMIT *
riprap request of �9arren Berg, 3669 North Shore 3669 North Shore Drive
Drive, subject to the P�innehaha Creek Watershed Warren Berg
District permit. rsotion, Ayes (3) - Nays (0) .
REGULAR P�ETING OF THE ORONO COUNCIL, AUGUST 15, 1978 Page 11 �
Pesek moved, Butler seconded, to approve the RIPRAP PERMIT *
riprap request of Reed Mackenzie, 2807 Casco Point 2807 Casco Point Road
Road, subject to the Minnehaha Creek Watershed Reed riackenzie
District permit. Motion, Ayes (3) - Pdays (0) .
• P4r. Alan Olson, City Planner, entered into the FAGERNESS riP,RSH OFFER
record the following concerning the Eberhardt Eberhardt Company
Cor.mpany land offer - Fagerness Marsh, dated
August l, 1978, which states: .
The attached letter from Saalter C. Nelson, Chairman
of the Eberhardt Company, offers to the City
appro;cimately fifteen (15) acres of marsh south
and east of Fagerness Point Road.
The property is entirely wetlands but does include
an existing boat channel and boat dockage area.
Access to the docks is off Fagerness Point Road
across from 1837. As of today, there are eight (8)
slips in various stages of disrepair and four boats
are tied up.
The plat of Maplegate Inlet including twelve (12)
lots was reviewed and approved on May 8, 1961. No
mention was made of the dock easements or channel.
Easements for twenty-one (21) slips were apparently
drafted and surveyed later. There is no record of
any multiple dock license either City or LrSCD,
although both are required.
The property consists of two tax parcels owned by
the Eberhardt Company: 41317-1430: 1977 Market
Value $790 : 1978 taxes $36.48; and 42060-6400 :
1977 t4arket Value $2, 700: 1978 ta:�es $111.06.
Taxes on both parcels are delinq�ent to 1977.
If this plat were to be developed today, the outlot
docking would not occur and a conservation and flow-
age easement would be required over the entire property.
+f
e
� My recomriendation is that the City not accept property
� whi�h is encumbered with private easements, that
Eberhardt Company attempt to establish an association
of the easement holders to own and maintain the
property, that a joint use dock license be required
and that as a condition of the license, a conservation
easerlent be obtained over the remainder of the marsh.
Eberhardt Company letter dated July 18, 1978, on
pages 12 & 13
(Continued)
. . ��7 iz�r$'
� � Page 12
e e hard�
Real Estate Sales
Mortgage Bankinp
Property Management and Leasinp
July 18, 1978
The Honorable W. Brad VanNest
Mayor of the City of Orono
Orono City Hall
Box 66
Crystal Bay, Minnesota 55323
Dear Mayor Van Nest and Village Council: -
Eberhardt Company has owned approximately 15. 5 acres on the
south and east area of Fagerness Point Road in Orono. Resi-
dents of the area that purchased houses from us at the time
we built them were given easements for docking their boats
and a portion of the land is used for that purpose.
The entire site I believe, is designated as a "marsh wetland"
and floodplain area. Obviously, we will not be using the land
in the future and it seems to me that the best arrangement
would be for us to make a gift of the land to the City of
Orono. I am enclosing copies of plats and maps, also descrip-
tions of the easements which will be helpful in your locating
the property exactly.
The description of the 12.56 acre parcel is District 38,
Plat 41317, Parcel 1430 and the legal is: -
That part of government lot three lying East and South of
Coffee's Addition to �Shadywood and lying West of a line
running par with the East line of Lot 31, Coffee's Addition
and passing through the Northwest corner of Tract A registered
land survey No. 702.
The description of the adjacent piece is, District 38, Plat
42060, Parcel 6400 and the legal is:
Lot 31, Coffee's Addition to Shadywood.
3250west 66th street•p.o. box 1385-minneapolis,minnesota 55440•phone (612)920-9280
Page 13
Page Two -
July 18, 1978
The Honorable W. Brad VanNest
I would like your reaction to our proposal and will be glad
to discuss it with you at such time as you have given the
matter some consideration.
Very u y yours,
alter . Nelson
Chairman
dh
enc
RE�TJLAR MEETING OF THE ORONO COUNCIL, AUGUST 15, 1978 Page 14
Council Meeting - August 15, 1978 FAGERNESS MARSH OFFER
(Continued)
Mr. Richard Breckwald, 1825 Fagerness Point Road,
corcu:lented that he had not been contacted by the
Eberhardt Corlpany and he felt that he had rights
to the property, docks and the lake.
Mayor Van Nest: Our ordinances protect this
property as a wetland area.
Mayor Van Nest moved, Pesek seconded, to reject
the offer of the Eberhardt Company for property
at Fagerness Point and to inform P'ir. Nelson that
the existing docks are illegal structures, noting
that there is no record of a multiple use dock
license application. Motion, Ayes (3) - Nays (0) .
P4r. Robert Bothe of Edina Realty requested RECONSIDER MOTION
Council discussion on the McCleary matter. Stubbs Bay DSarina
James i4cCleary
P�iayor Van Nest moved, Butler seconded, to reconsider
and open for discussion the Stubbs Bay Marina
construction �ec,uest of Jane, :TcCleary. D4otion,
Ayes (3) - Nays (0) .
Councilmember Massengale arrived at 8 :45 P.M.
Discussion followed concerning the proposed building
and if it had to be completed within 120 days.
Mr. Alan Olson, City Planner, commented that active
construction has to start within this time period.
Mr. Olson noted that there has been sorle new
construction but inspections were not called for.
Mayor Van Nest: There are two issues :
1. Rezoning
2. Building perr.iit -
Let' s address ourselves to the rezoning� matter first.
Mr. Robert Bothe reviewed his letter of August 11, 1978
which states :
"At the request of Mr. James McCleary who now resides
in Oregon, I have been asked to act in his behalf
regarding the upgrading of the Stubbs Bay D4arina.
Since I arn unable to be present at the Council meeting
scheduled for next Tuesday, August 15 , 1978, it is
requested that consideration be given to the following:
(a) It is our intent to fully improve the entire
marina facility in terms of appearance and
services. (Continued)
REGULAR PiEETING OF THE ORONO COUNCIL, AUGUST 15, 1978 Page 15
(b) Erect a 40' X 80 ' building, heated with concrete STUBBS BAY MARINA
floor, for the purpose of parts, maintenance (Contin.ued)
and other marine needs.
(c) Grade and gravel the marina area. Erect
appropriate fencing.
(d) Improve the docks in terms of repair and painting
to enhance the overall appearance.
Mr. McCleary and I are also considering the possibility
of establishing a private boat club which would offer
initial nembership to the residents of Orono. Of
course plans of this nature would be undertaken with
the full approval of the City of Orono.
It is my understanding that the original building
permit was issued for the construction of the 40 ' X 80 '
building mentioned above. Due to excessive rain in
the recent past, construction had to be delayed and
now the permit has expired. �ae respectfully request
the permit be reissued and wish to comr.ience construction
ir:unediately. Any and all engineering work that may
be required with regard to the foundation will be
provided by Braun Engineering in Eden Prairie. Close
comnunication and a good working relationship will
be established with myself and your Mr. Alan Olson.
I wish to assure the City Council that our plans for
the marina include the best interests of the City of
Orono. I look forward to working with you to make
this come about. "
End of letter
P4ayor Van Nest to Mr. Bothe: Are you asking the
City Council not to act on the rezoning matter?
Mr. Bothe: I want to discuss the building perr�it.
Mr. McCleary has stated that he wants to update the
marina and possibly liquidate at a later time.
Mayor Van Nest: The City Council should act on the
resolution before us.
Massengale moved, Mayor Van Nest seconded, to adopt RESOLUTION #929
Resolution #929, A Resolution Denying A Rezoning Stubbs Bay Marina
Application By James K. P�4cCleary, to include #60. Deny Rezoning
The Comprehensive Plan does not propose or. allow
for this type of rezoning. Motion, Ayes (4) - Nays (0) .
(Continued)
RE�ULAR P'iEETING OF THE ORONO COUNCIL, AUGUST 15 , 1978 Page 16
Mayor Van Nest: We should now address ourselves STUBBS BAY MARINA
to the building perr,iit issue. The riayor continued (Continued)
by stating that this �arina is subject to our
building code and has to be licensed under that�
code. I met with P4r. McCleary and we discussed
uses of this property. There was a lot of discussion
• but no action from the applicant. We have no
authorized marina use today. We have not approved
a license for this year. We have absolutel�, no �_c�ea
who the owner is and what definite proposals and
plans are being developed that meet our code. [ae
need to know what services and uses are to be
proposed for this area. A private boat club does
not meet our requirements. B-2 zone does not
accommodate a private boat club, as has been
proposed by Mr. Bothe in his letter to us. We need
a plan before us to allow Council to make a definite
decision.
Bruce Malkerson, City Attorney, to P•ir. Bothe: Is
Mr, r2cCleary buying on a contract for deed?
Mr. Bothe: �'es, as -=ar as T know.
Bruce Dsalkerson: 6�Te need to know who the fee owner
is and he should be named on the application.
Councilmember Massengale: Let' s review the facts:
1. There are no permitted uses of this property now.
2. There is no current 1978 marina license in effect
now. �
3. Expired building permit.
4. There is a configuration and number of docks issue.
5. Rezoning issue.
Mr. Bothe: Bad weather delayed us and the permit
expired.
Mayor Van Nest: Contractors have changed and proposed
uses of the area have changed.
t
i4r. Bothe: We want to upgrade the area and make it
look better.
t�iayor Van Pdest: �ae need documentation �before we can
issue a license. L•�e need:
1. Survey and Plat plan
2. Septic system design plan
3. Type of services to be pe�fom►ed
4. I�elationshi�- to f lood plain
5. Compliance to code and licensing ordinance
6. jVho the owner and operator are going to be
7. Review uses of slips
8. Nur.iber of rental slips
9. Resolve configuration issue
10.- Clarify rezoning issue
(Continued)
REGULAR D�iEETING OF THE ORONO COUNCIL, AUGUST 15, 1978 Page 17
11. Review types of services to be provided STUBBS IIAY MARINA
12. Review commercial use of this property as it (Continued)
relates to sewer and other City services avail-
able
13. Review expanded use of land and water
14. Impact on traffic and residential land contiguous
to this area
15. Compliance to Comprehensive Guide Plan
Mayor Van Nest moved, Butler seconded, to instruct
staff to prepare a resolution declaring building
perr,iit not valid for the reasons as stated. Resolution
to be presented at the next Council meeting. Motion,
Ayes (4) - Nays (0) .
Mr. -Alan Olson, City Planner, entered into the record TAX FORFEIT PROPERTY
the following dated August 11, 1978, concerning
tax forfeit properties, which states:
Staff recommends that the City retain the following
parcels of tax forfeit property: .
42310-4400; 42310-7400; 42420-4900; 42420-5100 for
drainage purposes. �
42420-0655; 42740-5100; 42740-5150; 42740-5200 for
ark purposes.
42340-1500 release for sale but retain street easement.
41317-1200; 42060-5000; 43120-4425 release for
unconditional sale
All other lots released for sale with conditions
as noted:
Mayor Van Nest moved, Butler seconded, to approve the
tax forfeit properties for retaining or release to
the State of Minnesota as recommended by the staff,
subject to 42310-4400 ; 42310-7400; 42420-4900;
42420-5100 to be declared wetlands, with flowage
easements to be entered in the chain of title.
Motion, Ayes (4) - Nays (0) .
Mr. Alan Olson, City Planner, entered into the CONDITIONAL USE PERMIT
record the following conditional use application West Shore Lafayette Ba�
for dredging for West Shore Lafayette Bay Association #416
dated August 9, 1978, which states:
The homeowners association has made an application
for some additional dredging which is beyond the
scope of the previous permits. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 15, 1978 Page 18
This extension is a proposal to dredge the channel CONDITIONAL USE PERMIT
and lagoon on the D4orris, Hannah and Hepp properties. West Shore Lafayette Bay
�he method is to be the same as that used in the main
(Continued)
channel with the suction dredge used to remove Muck
down to elevation 924-�- 6" .
Surface area: approxir,iately 10' X 90' channel
approximately 75' X 100 ' lagoon
pond depth at completion: 4 ' -5'
Estimated 400-6fl0 cu. yards of spoils to be deposited
in the FWBI spoils pond.
There is an existing walk bridge over the channel
which is to be removed and then replaced upon
conpletion of the work. With this bridge inplace,
there is no navigable access to the lagoon.
To date, the City engineer and I have inspected
the existing dredging operations several times and
have no adverse corunents. We have not, however,
received any of the monitor reports on water quality.
Perhaps these should be required prior to expansion
of the permit.
Planning Comr.iission Meeting - August 14, 1978
Work Session review. Dewey Lindsay (dredge operator)
and John Hannah (proPerty owner) present. Other
owners Hepp and Psorris have supplied written approval
of the proposal.
Pdr. Lindsay noted that he does not intend to dredge
the channel but only the lagoon itself. He said the
DNR has tentatively approved expansion of the other
(#319) pe�mit to include this work and that the riCWD
will review the application on August 17, 1978. They
requested imr.iediate action because approval would
allow work to continue while the dredge is in the
vicinity while delay would make the project unfeasible.
Proposal is for esthetic improvement only and not for
riparian access. Mr. Hannah intends to keep bridge
inplace and to place an aerator in the l�goon during
the summer.
Planning Commission was concerned with Hannah' s
house construction and the excavated material being
left near the lagoon. Planning Corunission was also
concerned whether dredging for esthetic purposes
was reasonable or not. They were concerned that
FVJBI had not supplied any test reports on the
existing project. After lengthy discussion and
several motions, Wilson moved and Hassel seconded
to take action at work session and to pass on to
the Council a recommendation for approval of the
(Continued)
� REGULAR NIEETILIG OF TIiE OROP10 COliNCIL, AUGUST 15, 1978 Page 19
request to dredge the lagoon with the suction CONDITIONAL USE PERMIT
dredge as an extension af the ���est Shore Laf_ayette [aest Shore Lafayette Bay
Bay Association perr.iit finding that the proposal (Continued)
was beneficial to the landowners with no adverse
effects upon the environment (due to the existing
disposal systen) ; finding that this is for esthetic
purposes and not for riparian access; finding that
the lagoon will be dredged to remove nuck down to
elevation PdSL 924+ 6" and that the channel will
not be dredged; finding that the lagoon is not a
docking area; all on the condition that the F[9BI
subr.lit to the City all test reports required by
Resolution �913 and those reports show that such
dredging is not detrimental to the lake. Vote:
Ayes (2) Hassel and ��7i1�on; Nays (2) P�cDonald
and Hurr. P1ays because there are no FWBI reports
available for review, because action was rec�uested
at work session, and (P�7cDonald) because of existing
erosion from Hannah excavation into this lagoon
has not been controlled.
Staff P1ote - August 15, 1978
Received memo from F64BI regarding their testing
program.
Council P�eeting - August 15, 1978
Mr. Lindsay and Mr. Hannah were present.
Mayor Van Nest: I do not recognize the hardship
allowing the dredge to navigate the channel to
dredge the lagoon. This proposal is detrimental
to our state water plan and our goal to preserve
our natural wetlands.
Councilmember Psassengale: This proposal might be
ecologically unsound. I do not think that we
know what the controllable factors are and how to
prevent pollution of the lake. The chemistry is
bound to change which will adversely effect Lafayette
Bay. We need ecological data.
riayor Van P1est: Lde are removing natural ability
of this wetlands to remove nutrients.
P�r. Hannah and Mr. Lindsay thanked the City Council
for their indulgence in this matter.
Mr. Cy Smythe, Labor Relations Mediator, discussed POLICE NEGOTIATIONS
progress with the Police negotiations commenting
that Orono and Deephaven have not reached an agree-
ment--neither have some other cities in the rietro
area. Longevity, education benefits, and other benefits
are the issues. rir. Benson and I will continue to
negotiate. It is possible that an impasse r.►ight be
declared which will put us into arbitration.
. R�GULAR P�EETIPIG OF Tl�� ORONO COUNCIL, AUGUST 15, 1978 Page 20
Mayor Van 27est proclained the week of August 13 HA'_IDT�:�}??'�'D SCOL^ :1��;':
through August 20 , 1978 as "Iiandicapped Scout
47eek" in Orono.
Mayor Van Nest moved, Butler seconded, that the JOINT DIEETINGS
City Council and Planning Commission will hold �
joint r.leetings on the third Thursday of every
r�ionth in the Council Chambers. P2otion, Ayes (4) -
PJays (0) .
P�4assengale moved, Pesek seconded, to� appoint Mayor PLANNING COMP�ITTEE
Van Pdest and Councilr.lember Butler to a Planning
Corunittee. PZotion, Ayes (4) - P1avs (0) . .
Butler moved, r�iassengale seconded, to adopt RESOLUTION #930
Resolution �930, A Resolution Appointing Election Election Judges
Judges For The Primary And General Elections To
Be Iield Septernber 12 And November 7, 1978. Motion,
Ayes (4) - Nays (0) .
Butler r.loved to adopt a resolution to establish EMERGENCY FUND
an emergency continc�ency account within the
General Fund.
Discussion followed.
Butler r.loved, PZassengale seconded, to withdraw
the above motion to allow staff to modify the
resolution. P2otion, Ayes (4) - Pdays (0) .
Pesek r.loved, Butler seconded, to accept the REVENUE & EXPENDITURE*
second quarter Revenue & Expenditure Report. Second Quarter
Aiotion, Ayes (3) - P1ays (0) .
A report concerning the Park Gun Club renewal PARK rUN CLUB PERMIT*
permit on the asterisk agenda from Melvin Kilbo,
Chief of Police, dated July 25, 1978, states:
I have sor,ie reservations about renewing the Park
Gun Club Firearms Permit. 4Je have two confirmed
shoots that were not on the schedule provided
for us, Case file #78-1868 on April 16, 1978 and
#78-2099 dated April 30, 1978_ On July 24, 1978 ,
several boys brought their guns and trap gear and
were shooting without authorization, this is case
file #78-4117. On May 17, 1978, case file #78-2444
reveals an accidental discharge of firearm that
was not reported to the police department but the
patient was brought to b4ethodist Hospital in St.
Louis Park. The hospital notified us.
(Continued)
� REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 15, 1978 Page 21
I recommend issuance at this time with a strong PARK GUN CLUB PERMIT *
message that officers of the Park Gun Club take (Continued)
�easures to control non-scheduled shooting by
members.
Pesek moved, Butler seconded, to approve the
renewal of the Firearms permit for the Park
Gun Club. Motion, Ayes (3) - Nays (0) .
' Pesek moved, Butler seconded, to accept the RESIGNATION *
resignation of James Dillman, Street Department James Dillman
Foreman, effective August 18, 1978, and to approve
the payment of compensation due in the amount of
$1, 254. 47. P�otion, Ayes (3) - Nays (0) .
Pesek moved, Butler seconded, to accept the RESIGNATION *
resignation of Floyd Kleve, Street Department Floyd Kleve
Ec�uipment Operator, effective August 18 , 1978 ,
and to approve the payr.tent of compensation due
in the amount of $619 . 96. P�iotion, Ayes (3) -
Nays (0) .
Dick Benson, City Administrator, inforried the APPOINTMENT
City Council that the City of Orono advertised Jean Mabusth
for several weeks for an Assistant Building &
Zoning Administrator. Of the candidates inter-
viewed, Mrs. Jean Mabusth, 2785 A'iorningside Road,
Long Lake, has met our qualifications and it is
my recommendation that she be appointed to the
position effective September 5, 1978, at a starting
salary of $15,000 per year. Jean is presently
employed by the City of Medina as their Planning &
Zoning Adri�nistrator and has worked well with us
on cooperative projects during the past year. Her
experience working with Medina residents in adopt-
ing comprehensive plans, subdivisions,regulations,
and septic ordinances, which incorporates philosophy
sinilar to ours, is very impressive. Her ability
to communicate and work with citizens parallels
the qualifications required of a person to fill
this position. Jean was very impressed with our
meeting with the Planning Commission Thursday night
and is looking forward to joining our staff.
Butler moved, Pesek seconded, to appoint Mrs. Jean
Mabusth as Orono' s Assistant Building & Zoning
Administrator, effective September 5, 1978 at a
starting rate of $15, 000 per year. Motion, Ayes (4) -
Nays (0) .
- REGULAR P�iEETING OF THE ORONO COUNCIL, AUGUST 15, 1978 Page 22
A report concerning the Debt Service Report ANNUAL DEBT SERVICE X
from Ehlers & Associates on the asterisk agenda REPORT
from Tom Kuehn, Finance Director, dated July 31,
1978, states:
The enclosed report from Mr. Chenoweth of Ehlers
� and Associates updates the situation regarding the
bonded debt of the City and the means by which we
will pay that debt. I need only �ake a few brief
comments as Mr. Chenoweth's letter is basically
self-explanatory.
As t2r. Chenoweth states , the on�y differencA
between Exhibit 3 and Exhibit 3. 1 is a larger
beginning fund balance in the bond redemption
fund. The beginning balance in Exhibit 3 is
the cash and investments at January 1, 1978 of the
Sewer Debt Fund ($1, 023, 400) . In Exhibit 3. 1,
an additional $97, 700 has been added to the cash
and investments, bringing the beginning balance to
$1, 121, 100. The additional amount is the cash
and investment balances of the 1'ietro Trust Fund
at January l, 1978. The second exhibit was done
to show the effect of repaying the past debt
service credits to the Sewer Debt Fund and does
not reflect the effects of paying the future debt
service credits to that fund. The future credits
will add about $147, 000 to the Sewer Debt Fund.
Pesek moved, Butler seconded, to accept the
Annual Debt Service Report of Ehlers & Associates.
P4otion, Ayes (3) - Nays (0) .
Butler moved, Pesek seconded, to adopt Resolution RESOLUTION #931
#931, A Resolution To Close Out The i�Ietro Trust Metro Trust Fund
Fund To The Sewer Operating Fund. Motion, Ayes (4) -
Nays (0) .
A report on the public hearing requirements for FEDERAL REVEUNE SHARING
Revenue Sharing Funds from Tom Kuehn, Finance
f Director, dated August 11, 1978, states:
As you will recall, the City is required to hold
two public hearings regarding Federal Revenue
Sharing monies each year. The first hearing
(Proposed Use Hearing) is for the purpose of
obtaining citizen comments on how they think the
Revenue Sharing money should be spent. The notice.
of this Proposed Use Hearing must be published at
least ten days prior to the date of the hearing
and must indicate the date, time, and place of
the hearing, the subject (s) to be discussed, and
� the right of the citizens to submit written and/or
� oral comments. (Continued)
�
�
; -
� -
,
� REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 15, 1978 Page 23
It must also include the amount of unappropriated FEDERAL REVENUE SHARING
Revenue Sharing monies and the amount of Revenue (Continued)
Sharing Monies expected to be received in the
fiscal year.
The second hearing (Budget Hearing.) is for the
purpose of obtaining citizen comments and questions
concerning the entire budget and the relationship
of Revenue Sharing Funds to that bu�get. The '
Budget Hearing cannot be held sooner than seven
days after the Proposed Use Hearing and notice
of the Budget Hearing must be published at least
ten days prior to the hearing. The notice must
indicate the date, time, and place of the hearing,
the proposed uses of the Revenue Sharing Funds,
and a summary of the entire proposed budget.
The notice must also include the right of citizens
attending the hearing to provide written and oral
cor.u�ents and ask questions regarding the entire
budget and the relationship of Revenue Sharings to -
that budget. This naterial must also be available
for public inspection at the City offices.
Within 30 days after adoption of the budget, a
summary of the adopted budget showing the intended
use of Revenue Sharing Funds must be available
for public inspection and notice of its availability
riust be published.
It is recommended that Council set dates for the
public hearing at this time, mindful of the fact
that they must preceed the deadline for certification
of the tax levy, which is October 10, 1978.
It is recommended that the Proposed Use Hearing be
held at 7:00 P.P4. at the Council Chambers on
j�ednesday, August 30, 1978. It is recor.�mended
that the Budget Hearing be held at 7: 00 P.!'I, at
the Council. Chambers on Tuesday September 12, 1978.
Over the past several years the City has used the
majority of Revenue Sharing Funds to acquire '
capital equipment and r.lachinery, although some
monies have been expended for operations and
maintenance.
Council Meeting - August 15, 1978
Mayor Van Nest moved, Butler seconded, to hold a
Proposed Use Hearing for Federal Revenue Sharing
Funds on Wednesday, August 30, 1978 at 7:00 P.M.
�at the Council Chambers and to hold the Budget
Hearing on Wednesday, September 13, 1978 at 7: 00 P.M.
at the Council Chambers. Motion, Ayes (4) - Nays (0) .
� RE6ULAR MEETING OF mHE ORONO COUNCIL, AUGUST 15, 1978 Page 24
t�r. Bruce P�alkerson, City Attorney, reviewed the PIHL & RECTOR ACCESS
Pihl and Rector lake access matter per the attached 2605-2655 North Shor�
letter dated Jun� 20, 1978, and requested Council Drive
to give him direction on this issue.
Letter - Pages 25 & 26
Idassengale moved, Pesek seconded, to direct the
City Attorney to proceed with legal action
concerning the lake access between Pihl and Rector
properties, 2605-2655 North Shore Drive. i�otion,
Ayes (4) - Nays (0) .
Mr. Bruce Malkerson, City Attorney, presented to GIBBS & VELIE ACCESS
the City Council documentation concerning a public County Road #84
lake access between the Gibbs and Velie properties
on County Road #84.
P4ayor Van Nest moved, P�assengale seconded, to
instruct staff to open the lake access between
the Gibbs and Velie properties on County Road
#84. r4otion, Ayes (4) - P1ays (0) .
�, . , �_�a ;�,1 � .-�"-, = ff` •' �. �� . - �� :. ��;.:.: �__'-;.. : , �-.. .
� ��. ��"i �
• , . ' . � : - ' � . . . . . ' : Page' 25
_, � ... . . . ' . . . , . -
�OPNAM; HAIK. SCHNOBRICH, KAUFMAN & DOTY,.LTD. �
ww•..c a.►o.MwM - - -• • _' • -.- ��4� �oa c�Nrcw • �. ' '
RArMOMD A.MAIK • . . 161l1»6-97�1
NO6C1� M�. iCNMO�RICM ' '- ' �� � .� - �?A 1 N N EAPOLIE, �1 N sE402 � , .
OCMV[A KAV�MAM �.� . ' TCILCOr�ER . �
DAViD i.OOTy - • .�� � � yTune 2�/ 197H - .. . �eiz�aa�-asao -
AO�[AT A.MIM15N . _ , � � �,
AOI�C A.W01�DCN . O ^ �D(� � . .
G.MARC WMIT[NUC ���t� \ '
eRUC[ O.M��l.11i . �v V
FR[D[RICII i.AICNAROS . . � • � ,_ :
�aO�aALD C.LLr�OV��T � � ,
6, AOs[P1T JOh1M50N . -
GAA• R. MACOM�CR ���� 22 lgjg ,-
ROOERT i. OURK
IREDCRICn C.eROM�N . '
BRUC[ D. MALKCRSON .
JAMCS R. ETCILCN . .ON� � .
JAMLS t.LOG�fMART VIU�+GE OFl OR •
ALLCN W. NINDCRAKER '� . .
CLIFrORD M.GRCENE � � . ,_ � . , _
D_WILL�AM KAUfMAN � • � - . '
DESYL L-rET[RSON - � � . _ -.
- Mr. Charles Pihl _ _ . . ,. ._ . . . - -. '.:,_ - �
2 6 OS North Shore Drive : � � �
Orono, Minnesota 55323 . - . -
Mr. George Rector . _ _ ,. •
2 6 55 North 5hore Drive �
Orono, Minnesota 55323 -
RE: Zake �ccess � _ -. - - _ .
Gentle�nen: - ,_ _ . - - - - - _
1 -have been informed �recently that one or b�th of yo�u constructed
= an additional �ence, whi�h-.fe.nce ss iaithin the platted =ight-of- '
� -way to S,ake Mizuietonka ��ihich .sxists between �oth of your "
� ,propertie.s. �n Dctober_ 24,- .1977, �then _Hank Iriuhich, Tom �acobs -
and S_snet �aith 3rir. -p-ihl-.--iKr• Re�tor�nd Irir. Breunig, -the
_attorney for Mr_ ��ector,_and 1�ir. �+Liner, �the attorney for Mr.
�Pihl, it �was understood �hat there iaould be no further �ncroach-
.�ent �onto..the-right-,of-way ...until there was � .resolutian �f the �
,question iaised3�y your.attorneys -that -the �.ity.�id .aot have - _
� -any �eeded .right to the �ccess to s,ake .I�iinnetonka. .�t �that -
" _meeting, s .informed all �resent that i-t was the city's �osition :
that -the city had the �cight to a �b6 foot wide strip of property
between the two properties. "_. .informed. �11 ,parties that the
city's position was -that that was a �latted road, fhat �f 3t _
were �ot a platted =oad, then the city obtained title -to �hat
_ 66 foot sight of-way by adverse possession :or .by�tatutory •� - • �
''c �s..
� 4��1 � . . � - . - . �~:�? V. __�- _ . .. � - . .
. ' . "" �7 ' �. . ' _ . . "s- ' ' . .
A11 parties' agreed -that pending furthei.:investigation, that
no additional .action .�aould be taken �y the city flr by the
property awners -in�-regard -to t.he interference with the e�cisting
access to Z.ake -idinnetonka. . � �_. . .- _ - � _ .
. ;i:. ' - - . - - _- ." - � . . - . �
.�. '�_ _: _ �.s-� _ �. . - : _ _ __ . -.:_ -
• / ," - . . '�- .� �� ... - . • . . . ' . ' - . . . . �. • 1 • . " ' . " . . ' 1
, _ �" . �_ ' ' . • Page. 26 1
POPHAM, HAIK, SCHNOBRICH, KAUFMAN b DOTY. LTD. .
. . . . ' . i
. • - �
. : . . � � � . _ . • . • . ;
I�iessrs. Pihl and Rector ' " • � '
June 20, 19�8 . - . . . . � � . �
Page Two .. :.� _ . . . ,
` � � . � �
Subsequent to that ineeting,. the City Attorney's office =eviewed
the records of Hennepin County regarding the lake access. It
had been your attorneys' position that there was nothing in the
chain of title creating any interest in the public to the lake �
access. Our review showed that the town road or lake access
was created by a deed recorded in Book 648 of Deeds, page 21.
The review of the registration proceeding for the Pihl property
which is District Court File Number 5573, shows a reference
to the road in the deed dated August 20, 1903, filed October �,
1903, and recorded in Book 579 of Deeds, page -422. The town
road was again used as a boundary line in a deed recorded in '
Book 5 79 of Deeds, page 423. Moreover, a further review of
the old auditor's records shows a supervisor•s road order,
which ;aas a request by certain property owners for the crea-
tion and surveying of this particular road. This supervisor's
road order is dated rTovember 28, 1898.
3t is the �ity's position that based upon the above doc�nents,
and based upon the fact that this access has been shown on the
plat for inany, �nany years, that the City of Orono has 1ega1
.access over the 66 foot wide access to the 1ake. . �
Sndependent of the -above basis for -the .city's position that • •
" t2ie -city �as the-above �escribed .legal �ccess �o s,ake l�ii,nnetonka,
-the _City �f Orono has �aintained the access to .the lake for
at.least six years .to .fulfill -the zequiresnents -of 1�linnesota _ -
Statutes, 5160_OS and has, in fact, maintained the =oad ..as � �
_ public access for 15 years. . . .. . ' _ . _ . _.. : .�.._.. _ .. - _ :. ._- . _
.�he .above position is .the .same ane fhat �ae �stated..-to �ou in' --•;�- �
. �ur�neeting Sast:f all_ . Therefore, we would appreciate your • �
_ 3�ediate.=emoval of. the fences �hich are encroaching .upon _-
the sight.-of�way._. -. : � - . , �- -- _ - _ _ . _ - _ �
. = ._ t . t= '- . ' � _ . . �7e ' ", _ . ' .•~. .� `.__ - t . _ j . .
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R��.GULAR 2�iEETING OF THE ORONO COUNCIL, AUGUST 15, 1978 Page 27,
Pesek moved, Butler seconded, to approve the LICENSES *
following licenses: Motion, Ayes (3) - Nays
(0) .
Budget P1unlbing Corp. - Flu:aber
H. Ray IIrenden - Plumber & Sewer Hookup
K and K Heating & Plumbing, Inc. - Plumber
Kennel License
Anlaby Rill Kennel - Maxwell E. Alvord
Pesek moved, Butler seconded, that the �111 runds BILLS *
Accounts 19783 through 19786 , 2576 through 2664,
6768 through 6814 , 19651 through 10653 and Liquor
Store Accounts 12638 through 12670 , be paid.
P�4otion, Ayes (3) - Nays (0) .
Butler moved, P�Iayor Van Nest seconded, that the
neeting be adjourned at 11: 15 P.M. P4otion,
Ayes (4) - Nays (0) .
� �
., � ,.,�1�1'1 �''CJ
�9illiam B. Van Nes , P�sayo
Attest:�.���.��y i�'� .��Z./���, % ', /'-=.�1� �_!C�'!�-
4�a tI er R. Benson, Clerk-A in strator