Loading...
HomeMy WebLinkAbout08-23-1976 Council Minutes � r ' - CITY �'�' ORONO � Regular Meeting of the 4rono Council, 7:00 P.M. August 23, 1976 �he Orono Council met on the above date with the following members presente Mayor Searles, � Councilmembers Butler, Massengale, Paurus, and Welsh. Also presentc City Administrator Benson, � Assistant Building & Zoning Administrator Olson, City Attorney tialkerson, and City Engineers � Sathre and Frank. • i Mayor Searles announced that this was the time PUBLIC HEARING and place for a public hearing concerning the Assessments - 1975-1 � Assessment Hearing for Drainage Improvement Project No. 1975-1. City Administrator Benson � presented the Public Hearing Notice, Affidavit of Publication and Certificate of Pdailing to r all concerned property owners. Pgayor Searles . noted that there was no representation from the affected property owners concerning. the assess- + ment hearing and recessed the hearing until ?s55 P.M. • � Butler moved, Paurus seconded, that the rZinutes MINUTES of the Regular Meeting of July 26, 1976, be July 26, 1976 � pproved. P�Iotion, Ayes (5) - Nays (0) . • � Paurus moved, Searles seconded, that the Minutes MINUTES of the Regular P�eeting of August 9, 1976, be August 9, 1976 � approved, subject to amending Page 11 to reada Resolution �#704, A Resolution Denying Karen Ewing's � Application For The Operation Of A Kennel On Property Located At 3409 Eastlake Street Or � 225 Tonka Avenue In The City Of Orono. Motion, � Ayes (5) - Nays (0} . � Mayor Searles reconvened the Public Hearing RECONVENED PUBLIC � concerning i:he T3orth Shore Drive Ravine assessments, HEARING Project No. 1975-1. All Councilmemhers were � present. Mayor Searles announced that this was the time and place for a public hearing concerning � the Assessment Hearing for Drainac�e Im�rovement � Project No. 1975-1. City Administrator Benson presented the Public Hearing Notice, Affidavit of � Publication and Certificate of Mailing to all concerned property owners. Mr. Rick Sathre, • City Engineer, reviewed the construction project stating that the project as contracted for has � een completed except for a final grading to �tablish a black dirt base for seed and a small protective fence to guard a rock diffusing � structure at the lake. • (Continued) • � � � OROi�O COUNCIL MEETING HELD AUGUST 23, 1976 Page 2 ♦ Mr. Rick Sathre reviewed the preliminary assessment pUBLIC HEARING � stating that as requested, we submit herewith the (Continued) reliminary assessment rolls for the subject Storm � Sewer project. � The amount to be assessed has been calculated as followsa • � Construction Costs $13,058.95 Engineering, staking, inspection i and preparation of assessments 3,427.75 Fiscal, legal, and administrative � costs 1,648.67 � TOTAL COSTS $18,135. 37 ! PZinus Hennepin County Share 3,726.51 Minus City Share (10.7�) 1,940, 48 � TOTAL TO BE ASSESSED $12,468. 38 i The City share of the project cost has been based � upon City ownership of 10. 7� of the watershed contributing area. The properties unc?er private � ownership within the watershed contributing area have been listed with their corresponding areas � and assessments on the attached preliminary assessment rolls. �uestion from the audience: Was the amount � of fill that was graded into the ravine adequate � and according to proposed plans? Mr. Sathre replied that the dirt fill was completed according • to the �riginal plans, but a final grading and black dirt base for seed was to be completed this � week. �uestion from audience: Is the street � drainage and curbing complete? Rick Sathre replied, Yes, the drain structure and curbing was constructed � as requested by Hennepin County Public �aorks Department. Mayor Searles requested the City Engineer to review • the entire project to assure us that all work has been completed and report back to the City Council � at the September 13, 1976 Council meeting with a final recommendation and adoption of the assess- � ment roll. After all concerned property ocaners � were afforded an opportunity to be heard, the public hearing was closed at 8a05 P.r�7. • � Mayor Robert Searles discussed Orono's progress MAYOR SEARLES REPORT with Hennepin County concerning future construction Ring Route � stating that most of you are familiar with Orono's Tanager Lake Bridge � struggle to keep our lakeshore areas from over- Sewer Interceptors velopment leading to new forms of lake pollution. Gray°s Bay Dam ne quastion of expansion of County Road 15 has been a focal point of this environmental protection � issue. I am �tappy to report to you that the years of �•�ork with State and County agencies are now • beginning to pay off. (Continued) • � � ORONO COUNCIL MEETING HELD AUGUST 23, 1976 Page 3 � One, Hennepin County is now entering into realistic MAYOR �EARLES REPORT r iscussions with Orono on the subject of Ring (Continued) toute alternatives for commuting and other heavy � traffic. If successful, such improved traffic routing will preserve our lakeshore roads as • scenic parkways and residential roads, while S giving commuters and others reasonak�le alternatives. � Two, tentative decisions are close at hand to approve a new Tanager Lake Bridge, sized for two- � lane traffic and bicycles, instead of the four- lane proposal we rejected last year. • Three, in addition to road and transportation � matters, new Metro sewer interceptors are in the � process of final approval. More moderate in scope than those originally proposed, these � interceptors will be routed to minimize environmental disruption and also to bring service to some of � our built-up arease Both the Orono and the Long Lake Sewer Plants will be phased out when this �' project is completed. Interceptor routing from � the Orono PZant follows 84 and 51 south and eas� � then east along 15 to �9ayzata. The Long Lake � interceptor goes along 15 to trlayzata. The Long Lake interceptor goes south alonq Orono Orchard �oad, joining the other line at 15. Both these ewer interceptors are sized and located to solve • existing problems, not to promote a new wave of ` urbanization in our rural and lakeshore areas. � This policy decision has been a hard one to sell to State agencies, but, thanks to the dedication � of Planning Commission and Council members, the years of effort are resulting in good public r policy. Incidentally, Orono is making every effort to bring the various State agencies together • so that bridge and sewer construction in the . Tanager Lake area will coincide, making as short a disruption period as possible. It should be ' noted that neither of these construction projects are local in nature and therefore, they � will not be assessed against adjoining propert_y owners. � • Four, as a final item to report to you, I am following closely a new dam proposal, to be � located downstream on PZinnehaha Creek from the present Gray°s Bay Dame The planned height � and width of the proposed new dam raises some questions about the effect on flood levels on � ake Minnetonka. Lakeshore property ocaners should � alert to the effect of any new dam since we already have seen serious flooding and shoreline erosion problems in recent years. The Lake � BZinnetonka Conservation District is staying � close to this proposal and I will see that you are kept informed as it develops. • � a � ' OROiVO COUNCIL MEETING HELD AUGUST 23, 1976 Page 4 � No comments from the Park Commission. PARK COPM2ISSION �To comments from the Human Rights Commission. HUt�] RIGHTS COMMISSION � �Io comments from the Planning Commission. PLANNING COMMISSION � � P�ir, Alan Olson, Assistant Building & Zoning SUBDIVISION Administrator, stated that the original proposal 985 Tonkawa Road • for Gerald Parten, 985 Tonkataa Road, to subdivide • the 5-plus acres into three lots and that the Partens had changed this request to two lots � both exceeding two acres, Carl Parten, brother to the petitioner and neighbor to the south, was � concerned about the swarip area on the rear lot. He felt that this wild area should not be • destroyed if a new road were builte P�rs. Gerald • Parten explained to the Planning Commission and Carl Parten that the road to their property is � already therea Therefore, no new road is required on the south lots t7ember PdcDonald � expressed her concern about drainage at the existing road. The Partens explained that there � is now a culvert under the gravel road. • The Planning Commission recommended approval of this subdivision subject to a park dedication �ee and final plat to be submitted and on the � ondition that the County approve of anv neca access to the north parcel. • Paurus moved, Butler seconded, to approve the • subdivision for Gerald Parten, 985 Tonkawa Road, as per the Planning Commission Minutes of August 16, � 1976o rgotion, Ayes (5) - Nays (0) . • i T�ir. Alan Olson, Assistant Building & Zoning SUBDI�IISION Administrator, stated that the subdivision for 3175 Sixth Avenue North � P�r. Robert Niichel, 3175 Sixth Avenue North, is located in a 2 acre zoning district, consists of � approximately 33 acres, much of which is designated as wetlands. P4re Niichel is rectuesting approval � of subdividing this parcel into five lots, each � exceeding five total acrese Some of the newly proposed lots include some wetlands, but all � do meet the tv�o acre dry, builda}�le acre requiremente � The proposed road and cul de sac are to be � private access roads with a 50 ' easement to the a C�cjefor utilities (100 ' easement at the cul de � A Public Hearing was scheduled for August 16, � 197G at 7045 P,M. (Continued) � � ! � � ORONO COUNCIL A4EETING HELD AUGUST 23, 1976 Page 5 � Staff - July 27, 1976 SUBDIVISION 3175 Sixth Avenue North � believe we should require proposed grades also, (Continued) ` so we can determine what the runoff results might be after completion of the development. � Public Hearing - August 16, 1976 • Hank PZuhich stated that he had received a letter � from Donald P7urphy of Hennepin County regarding � the proposed access to this subdivision. The sight distance required to safely enter the � highway is 845' to the lefto The actual sight distance to the left is 450' , I3ecause of this i limited sight distance, the County has recommended that the proposed access be relocated to a safer � location. � Robert Pliichel and his attorney, Bob Neary, were � present at the mPeting. They explained that no other property was available to relocate the ` access point. P2r. Niichel also stated that a change in the access would destroy his original plan. � They recognized the concern of the County, and A ho�ed that the County would understand their situat�ono �fter some discussion, the Planning Commission � recommended to grant approval of this subdivision subject to a park dedication feeo approving solely • the subdivision as stated, being cognizant of the letter from Donald Murphy of Hennepin County, and � that anv conceptual approval or reasonable solution ,.� of this condition by the County should be brought back to the Planning Commission. � Staf� - August 17, 1976 • Donald Murphy called and wanted to know what � action the Planning Commission had taY.en concerning their recommendation that the proposed access be '� moved> � P�ir, Robert r�urphy appeared before the City Co�:r.cil � representing P?r. Niichel to discuss access alternatives stating that his client was not here for approval • at this time> The wetlands and possible open space easements as well as possible access sites � were discussed. � [�elsh moved, PZassengale seconded, to table the request � for a subdivision for Robert Niichel, 3175 Sixth venue North, until further information is available. _ �aotion, Ayes (5) - D1ays (0) . � • � � �' ORC�NO COUNCIL MEETING HELD AUGUST 23, 1976 Page 6 A P-�ro Alan Olson, Assistant Building & Zoning SUBDIVISION DRAINAGE Administrator, stated that James BoerY}avP of PLArI �ather, Ringrose, Wolsfeld,presented the 2905 Fox Street « revised drainage plans to the Planning Commission for the preliminary subdivision of the Charles � Velie property at 2905 Fox Streeto He explained that there wasn°t much of a change in these planse • There is still the same major break. An overflow • pipe �aould be installed which would carry the drainage toward the swamp, � P�tr, Lyman, a neighbor to the south of the �, proposed subdivision, was present. Once again he expressed his concern about the drainage of this � area onto his property. There is a potential for a runoff problem and he was concerned about • the possible increased runoff which might be caused by the initial development and future � development. PZr< Boerhave explained to him � that they had developed collection points and drainage easements to take care of this runoff. r r?r. Lyman understood that these easements are shown on the map, but he wanted to be assured that r they are maintained. � The developer requested that the road to this �suhdivision be publice He informed the lanning Commission that banks were no longer � issuing conventional mortgages on homes with private roads> The Planning Commission � requested a written statement to this effect. � After considerable discussion, Hake moved, Hosfield seconded, to recomriend approval � based on the followinge , l. Some substandard lot widths due to a desire � for conservation of the existing wetlands. 2a The understanding that only Lots 506 , and 7, � Block 1, will have lake accessa ` 3, The request is for a public road with a 60' right of way (conditioned on the review and � approval of the City Engineer and Attorney) . S Subjecte � le City Fngineer's approval of c?rainage planso 2, City and County approval of access locations � for the proposed street (and also for access to • Lot l, BlocY 3, when a residence is proposed for that site) . + 3o Submission of final plats for approval and payment of a park dedication fee. i P4otion, Ayes (5) - Nays (0) , (Continued) � � � � r ORONO COUNCIL P•?EETING HELD AUGUST 23, 1976 Page 7 � r�r. Greg Frank, City Engineer, informed the PLB�DNIVISION DRAINAGE � City Council that he met with r7r. F. C. Lyman 2905 Fox Street August 19, 1976, to review with him the drainage � easements necessary to provide satisfactory storm water control in the proposed subdivision. � Mr. Lyman, a neighbor to the south of the area, restated his concerns which areo � + l. Protection of trees. 2e Relocate some easements to protect � environment. 3a Increased storm water runoff. � �o T�aintenance of easements after development, +�' TZayor Searles assured Pir. Lyman that this ' proposal was in its preliminary stages and that all questions would be answered before final � approval is given. The City Council then directed its concerns to the status of the � street serving the proposed subdivision. Councilman T��alter TZassengale commented that it � might be in the best public interest for the • City to own the street and maintain it as such. • IIr. Bruce rZalkerson, City Attorney, stated that his firm is researching all legal aspects of � private versus public awnership of proposed streets. • i7a.ssengale moved, Paurus seconded, to dedicate � street as a public owned street. � i�iassengale withdrew motion. � T��r. Bruce P�alkerson, City Attorney, stated � that he will submit a study by his firm concerning private versus public ownership for the September, 13, � 1976 Council meeting. ` Searles moved, Butler seconded, concentual approval • of greliminary sub�ivision subject toe � l. T�venty foot drainage easements. 2e 5ubmit detailed drainage plane � 3o I'ive foot bike/hike trailso 4. Submit to what degree will hard cover � effect the drainage, keeping in mind that i drainage flow will not be greater than the original flow. + 5� ��r�_vate versus public street ownership s-�udy. � `�o�ion, Ayes (5) - Nays (0) . � � � � � OROI�O COUNCIL P�IEETING HELD AUGUST 23, 1976 Page g � PZro Alan Olson, Assistant Building & Zoning VARIANCE �clministrator, stated that Ken Heroux, 4445 4445 North Shore Drive rth Shore Drive, is requesting a variance for � a setback from street and between structures. � This district is zoned LR-1B (1 acre - 35° street setback requirement) , Mr. Heroux is requesting � two variances to build a two-story garage with an area of 936 sq. ft. � � 1. Variance from required 35° street setback to proposed 3' sethack - Variance of 32 ° . � 2o Variance from required 10' setback hetween structures to proposed 5° setback - Variance � of 5' . S I believe we could consider approving both variances if the proposed structure were to be built smaller � and lower with the condition that the existing � garage be removed as it extends over the property line, � The distance between structures must meet the r State requirement of 6' unless the proper one- . hour fire separations are provided. The following problems might result from this �oposal as submittedo � lo Possible commercial use of a garage of this size. � 2. Second story above garage would provide second residence on a single parcel, • 3, Two story structure would obstruct the vision of residence to the west. i The proposed location will require removal of � much of the dirt bank along the roado � Planning Commission PZeeting - August 16, 1976 • The Hercuxes are requesting two variances (front 1 setback and setback from residence) to build a two-story garage. Hank Muhich felt the above � mentioned problems might result from the proposal � as submittedo We could consider approving if the proposed structure were to be built smaller and � locaer with the condition that the existing garage be removed because it is non-conforming � a.s it extends over the property line onto City • right of waye � i�ir. Heroux explained that the garage was to be �ed for several cars he owned. The second story _f the garage would be used for storage as he does not have a basement. He also stated that the � view of the neighbor to the west would not be obstructed because of the two-story structure, • but by a 6 ° fence which he planned to put up, (Continued) � � � OROr10 COUNCIL MEETING HELD AUGUST 23, 1976 Page 9 � The Planning Commission recommended approval of VARIAr10E �his variance on the condition that the second 4445 North Shore Drive tory be used for storage only and the existing (Continued) � garage be removed within 30 days of the completion of the nec�� garage o � [�elsh moved, Butler seeonded, to adopt Resolution RESOLUTION #705 • #705, A Resolution Denying The Request Of Ken 4445 North Shore Drive Heroux, 4445 North Shore Dr.ive, For Variances � Becauses � 1. Proposed Structure Is Too Large For Existing � Lot, 2e Does Not Conform With Existing Residential • Useso • T�Iotion, Ayes (5) - Nays (0) a � � T?r, Alan Olson, Assistant Building & Zoning VARIANCES Administrator, stated that Gordon Tanke, 144� 1440 Baldur Park Road � Baldur Park Road, has made application for variances of lot area and width for addition to M non-conforming residence, also, street and side • yard variances. �his is an existing non-conforming situation. house and garage now occupy this lot which is � only about 50 ft. wide and 8,000 sq. ft. in areao The existing house is approximately 5 ft, � from the east lot line, The garage is located l02 ft. from the street right-of-way line and � almost directly on the west property line. � Mr, Tanke is requesting the f_ollowing variances � to add to the existing non-conforming situationo � lo Area variance of 13, 780 sq. ft. from the required 21,780 sq, ft. � 2. Lot width variance of 50 ft. from the . required 100 fto • He is also requesting variances for the newly proposed garage as followso ! l, Side yard setback variance of 7 ft, from the � required 10 ft. 2, Street right-o�f-way setback variance of 10 ft. � from the required 30 ft, �i2r. ��anke has noted in his application that he would remove the existing non-conforming garage. I ,lieve this would be an improvement to the existing �onditions, but I also believe we should have more assurance of removal either by resolution or •removal hefore a building permit is issued for the new garage, I believe we could make a recom- amendation on this proposal without a work session •reviewo (Continued) � � ORONO COUNCIL PIEETING HELD AUGUST 23, 1976 Page10 � Planning Commission Meeting - August 16, 1976 VARIANCES � 1440 Baldur Park Road he Zoning Administrator felt this addition would (Continued) � be an improvement to the existing conditions. However, he did stress that the non-conforming � garage on the property now should be removed � either by resolution or removed before a build- ing permit is issued for a new garagee � Planning Commission recommended approval of this � variance provided the existing garage is removed prior to the issuance of a building permit or � that the title opinion be approved by the City • Attorney requiring removal after constructiono � P�assengale moved, Paurus seconded, to approve the variances for Gordon Tanke, 1440 Baldur Park Roado � as per the Planning Commission 24inutes of August 16, 1976, and to remove garage before construction> • I�otion, Ayes (5) - Nays (0) . � At 9v00 P.P4. , P�r, Richard Primus appeared before EXHIBIT A � the City Council and reviewed his letter sent to Large Assemhly Permit . T�r. Paul Voigt stating thate Paul Voigt . "At this point there appears to be a little isunderstanding in regard to the party on � aturday, August 28th. Therefore, I am writing to you and sending a copy of this letter to the � Village of Orono stating exactly what we have agreed to. • It was my understanding that you were going to � hold a benefit picnic for disabled persons in � wheelchairs at your sister°s house located on the Ski Tonka property which she is renting from � us, and we agreed that you could use the alfalfa field which lies just east of your sister°s house. i Under no circumstances can we authorize or permit � the serving of alcoholic beverages on the Ski Tonka property since one of the conditions of � our use permit for Ski Tonka is that we serve � or allow to be served no alcoholic beverages on the premises, � We wish once more to emphasize that while we want � to cooperate in every way with your plannec� charity benefit for disabled persons, we nonetheless � do not wish to do anything which could in any � manner jeopardize our ski area permit. �ank you for your cooperation in this matter. If you have any questions, please feel free to � contact me, " • Yours truly, � Richard Lee Primus (Continued) � � ORONO COUNCIL PZEETING HELD AUGUST 23, 1976 Page 11 � Mr, Primus continued by stating that Nancy � � �ryant is the renter of the house and one acre £ land that was to be used for the proposed � party. tZr, Prirtus was asked who owns the property in questiono He answered by stating that Ski • Tonka and R & B Holding Company are the ownerso � Dick Benson, City Administrator, presented a EXHIBIT B � petition that was delivered to him that afternoon. Petition The petition reade � Toa The Orono City Council � "[�e, the undersigned, consisting of property � owners immediately adjacent to Ski-Tonka, the • property owners in the immediately effected area, and renters in the effected area, hereby petition the City Council to immediately take such steps � as they deem necessary to prohibit the holding � of the pro�osed "rock concert" on the Ski-Tonlca • property of August 28, 1976, and any other date, We, the undersigned, believe such-named function � is not a use consistent with the general character � of the immediate area and, in fact, the entire City of Orono. V�Ie further believe such use i �-ould potentially be a threat to our personal �operty and well-beinge " • Chief of Police Melvin Kilbo presented staff � docurients that stated reasons for denial of � the Large Assembly permit, � August 18, 1976 letter to Paul Ce Voigt, Todd EXHIBIT C Illies, and A4r. Primus from Alan Olson, Assist- Letter to Applicant � ant Building & Zoning Administrator. � "This letter is notification that the City of Orono has received a partial Large Assembly Permit � application for a proposed party at 4520 Bayside � Roado � The party, as proposed, would be in violation of Orono A2unicipal Code Chapter 69 without City Council � approval of the req_uired permit. Holding the party in violation of the code would subject the organizers � and landowner to individual prosecution for a mis- + demeanor which is punishable by fine or imprisonment, � IJotwithstanding the incomplete application, this matter will be on the City Council agenda for the � regular meeting a.t 7s00 P>M. , Monday, August 23, 1976. erefore, we request your presence at this meeting o answer any questions which may arisee " (Continued) � � � s � ORONO COUNCIL P�iEETING HELD AUGUST 23, 1976 Page 12 � State of P�iinnesota, County of Hennepin, P�unicipal EXHIBIT D � ''ourt, Third Division, Orono - August 17, 1976 Police Report Winton Burmaster being duly sworn made complaint to the above named Court and says that he believes � this information and other persons from whom it is obtained to be reliable and that probable cause exists to support a warrant of arrest for � Paul Voigt, 4520 Bayside Road, Maple Plain, l�Iinnesota for the following reasonss � . "Your complainant is a police officer employed by the City of Orono Police Department. Acting � in that capacity, your complainant received several citizen complaints between 11000 P.M, and � midnight on July 9 , 1976 from persons who cvere complaining about loud noise coming from a large � party at 4520 Bayside Road. In answer thereto, your complainant investigated and observed a � large ga.thering of persons at 4520 Bayside Road • which location is situated within the City of Oronoe Your complainant also learned that the � gathering of persons was organized, promoted and managed by defendant Paul Voigt. � At approximately 11e45 P.t4. on said date, your ^omplainant observed the presence of in excess • f 350 automobiles which were parked in lot next to and across the street from the ahove � locatione Your complainant learned from the defendant that he had arranged for a band to � be presente Your complainant believes that he observed in excess of 300 persons present at � the gathering. • Your complainant kno�as of his own knowledge that defendant had not prior to the above date � made application for or received from the City � of Orono a permit in accordance with Section 69.030 of the Orono City Code allowing him to permit, � maintain or conduct a large assembly within the City of Orono, � • Offense � Based upon the foregoing, your complainant states that on July 9, 1976, between 11s00 P.M. and mid- � night, within the corporate limits of the City of Orono, defendant Paul Voigt then and there � did willfully, wrongfully and unlawfully violate Section 69,030 of the Orono City Code by permitting, �aintaining, promoting, conducting, organizing and naging a large assembly on public or private property without first obtaining a permit from � the City of Orono to hold the assembly. " (Continued) • � s ' ORONO COUNCIL R4EETING HELD AUGUST 23, 1976 Page 13 August 17, 1976 memo to Dick Benson, Village EXHIBIT E �Administrator, from Sergeant U�inton Burmaster Police Memo ~egarding Large Assembly Application from Pau1 Cs Voigt, � On August 10, 1976, P�r. Paul Voigt made an application for a large assembly permit for August 28, 1976, Saturday night, at County Road � 84 in the field just east of Ski-Tonka. ! The application is for an outdoor party and dance for a benefit with approximately 800 to 1,000 � people attendingo An admission charge of $5.00 per person will be charged and must have an identificatione This indicates to me that • there may be alcoholic beverages involved at this a�sembly. Paul Voigt indicated to me in a � phone conversation on August 17, 1976 at about 5000 P.PZ. that 3.2 beer will be given to those � who purchase a ticltet� � On August 18, 1976 in a phone conversation ���ith the Plinnesota State Liquor Control Commission � (Phoneo 296-6159) I c��as told that no liquor � license was issued to rZr. Paul C. Voigt, Todd Illies, P7ary or P�Tarie Groshong or Richard or Brent Primus. The Village of Orono also has 'ot issued such a license. At this time, I recommend that the application be � deni�d because of the following reasonse ! l. The area is primarily residential. The roadwa_y � �_s a two-lane paved road designed for residential traffico The r�ad is hilly with several sharp � curves and blind intersections to drivewayso The posted speed limit is 35 P�PFI. To date, there � has been three accidents, two personal injury . and one property damage in 1976e 2. Ordinance Regulationso as 69,030a They are adv�rtising and selling � ti kets at this time for $5.00 per person, b. 69.080: A fence, the area is not completely � enclosed by an adequate fence. c, Potable ?aatero The application states a 3,000 gallon water tanker will be on the grounde The 3,000 gallon water supply is primarily used for watering sod, not for transporting potahle water, ue Separate enclosed toiletse The application states four satellites should be thereo The � T�Rinnesota State Board of Health (Phoneo 296-5221) recommends two satellites for every 300 people, • one male and one female. If beer is consumed, they recommend one an d one-half times more satellites. (Continued) ` ORONO COUNCIL PZEETING HELD AUGUST 23, 1976 Page 1� S e. A sanitary method of dis osin_q of solid wastee EXHIBIT E T e application states plastic and tin Police Memo � garbage cans throughout the field and a (Continued) clean up crew will be on hand immediately following the assembly. No plan for S disposing of the solid waste is indicated in the plan. � f. Illuminationa The application states flood lights secured on 12 foot poles in the � entry and exits. Other lighting supplied by the Plain City Band. Also the other • bands. The diagram indicates only two lights, S g. Security and Traffic Control: The application states 40 people will handle security with four mini-bikes showing cars where and how to park. The security chief named on the application is Neil Neddermeyero t9hen he was contacted by this department, he indicated � he didn°t know anything about being identified ' as the security chief. In fact, he is going to be out of town. � They didn't identify the 40 as being regularly � employed off-duty Minnesota Law Enforcement Officers or other approved security officersa � h. Administrative Control Center lraith Telephonesa The control center indicated will be the house on the property, i. A Bonda The anplication states T�arsh and P�IcClullan Insurance. $5,000,00 bond. Copies � being mailed. Marsh and McClullan is an insurance or bonding company. r10 boncl or � policy number received yeto j . Physicians and Nurseso The application states registered nurses from Sister Kenny institute. , No names of physicians or nurses giveno No e�nergency ambulance listed. ko Parkinge The application states parking in east end of the field and the field will hold , 1,000 cars plus. The area is an alfalfa field and recently cut and bailed> l. Telephonese The application states two, one inside the house and one outside. Only one S number listedo 472-3813. , m. Fire Protection: The application states 3,000 gallon tanker supplied by Illies & S Sonso It is the same one stated in Section B for potable water. Due to the fact that � people will he using this as drinking c�ater, it cannot be considered full and in reserve for fire protectione No fire alarms, extinguishers, fire lanes inr�icated. The � application does not list any suf�icient emergency trained personnel. n, Copies of Advertisinge See attached copy. This hand bill was being distributed prior to receipt of the application. (Continued) ORONO COUNCIL �ZEETING HELD AUGUST 23, 1976 Page 15 � oe Noise Controle The application states, EXHIBIT E will lower noise if and when requested to. police rZemo At the previous party on July 9, 1976, at (Continued) this same location and nut on by Paul C. Voigt, we had four complaints on excessive � noise. The operation of the party was contacted by police officers after each complaint. The fourth time the operation was informed to shut the music off. p. 69,090 - i•7aximum Sizeo This department feels strongly that an assembly at this location should not exceed 300 people due to the probability of problems including, noiseo lighting, traffic, sanitation, congestion, and other factors affecting the public°s safety and welfare, � Due to vacations and scheduling prohlems, we do not feel that we could provide the necessary police protection for this section of the community, if a party larger than � 300 was held. • qo 69,110 - Applicatione The application was received on August 13, 1976o The ordinance S requires 30 days in advance of the assembly. � T^7e feel that this application may contain a fraudulent �atement, that is, P4re Neil Neddermeyer is listed security chief, �lhen this department contacted PSr. Neddermeyer, he didn°t know anything about being identified as the security chief. The address and legal description. The address and ! legal description of all property upon cahich the large assembly is going to be held is definitely � not adequatee He is listing a field on County Road 84 east of Ski-Tonka. There is approximately four miles of County Road 84 east of Ski-Tonka. The property immediately east of the Ski-Tonka a property is owned by �rJalter Benhardus. �Persons owning the land where the said large e assembly is going to be held and their written approvalo Mr. Brent ��Iilliam Primus signec� the � application giving approval for Ski-Tonka. The application does not indicate that T��r. Brent t^�illiam Primus has the legal authority to do so. �Nature and purpose of the large assemk�ly. The application does not adequately describe the nature and purpose of the assembly; it simply states "Outdoor Party and Dance for Benefit" , � have no knowledge of_ for who's benefit. Plans for security. The application does not contain any plans for security, the deployment of guards, their names, addresses, credentials, or hours of availahility. (Continued) � ORONO COUNCIL MEETING HELD AUGUST 23, 1976 Page 16 a Sound control. The application does not contain EXHIBIT E a any information describing the sound amplification Police Memo ystem, including the number, location and power (Continued) ,f amplifiers and speakers. S All information required by Section 69,080. They indicated something for each item required by Section 69,080 but we feel in most cases the information is grossly inadequate. � August 18, 1976 memo from Alan Olson to EXHIBIT F Walter Benson, City Administrator, and Bruce Assistant Building & PZalkerson, City Attorney, Zoning Administrator° s r•Zemo "This proposed party came to the attention of the Police Department early in the t�aeek of f August 9-13 by way of the attached flyer. The Large Assembly Permit application was received � by Chief Kilbo late Friday, August 13, minus � the required bonds, certificate of insurance or. fee. � The location of the proposed party is a rental farmstead just east of Ski-Tonka and immediatley t west of the sharp bend in Bayside Road, Zoningo RR-lA Single ramily Residential and �imited Agricultural Usagee Possible zoning onsiderations or vioZationse l. Conditional Use Permit required for "Recreation Areas 37. 720 and 3�.026e No such permit nor application is on file v�ith the City. � 2. Naise - 37.020e No use shall be operated � such that noise resulting from said use is perceptihle beyond the boundaries of that plat ` line. tidith four b ands scheduled, this may well be violated, A previous large party at this location on July 9, 1976, resulted in several citizen complaints and a formal complaint �gainst Mre Voigt by Officer Burmaster. S 3o Traffic Control - 37.150a The traffic generated � �y any use shall be channelized and controlled in a manner that will avoid congestion on �ublic _ streets, safety hazards, or excessive traffic tlzrough residential streets. The expected 800-1,000 people would indicate extreme problems meeting this zoning requirement because Bayside P,oad is a winding, residential street �aith numerous access driveways, hills and sharp curves. �. Food Service Proposala The proposed concession stand �vould, in fact, be a restaurant (Class II) which is allowed only in the B-1 zone. It �aould, therefore, be contrary to the code to operate that facility in this residential zone. (Continued) ! � OROr10 COUNCIL P�lEETING HELD AUGUST 23, 1976 Page 17 � Large Assembly Ordinance Chapter 69 EXHIBIT F � -9, 060: Lar e Assemblies (Continued) g permitted only after � _ouncil review of factors affecting public health, safety, and welfare, Flyers announcing the � proposed party and offering ticket� for sale were circulated prior to the City receiving an • assembly application. �' 69v070e Required $50.00 fee has riot yet been � submitted. � 69, 080e A, Secure fence as required is not in existence, � B. Potable water requirements have not been met. [aater carrier is believed to be a � roadway sprinkler, not a sanitized carrier. No Health Department certification has been � received. � C. Four portable toilets are proposed. The State Building Code for temporary facilities � requires one toilet for each 30 persons, one urinal for each 30 persons, and one drinking • fountain for each 100 persons. This would be 33 toilets, 16 urinals and 10 drinking fountains � for the proposed 1,000 persons. � D. Solid waste disposal for 1,000 persons �over 1 ton estimate by Ordinance) seems insufficient f garbage cans are the only method proposed. E. Two lights shown on submittal will • not sufficiently illuminate the parking area, � much less the remainder of the assembly areao F, Securitv must be approved by the � Police Departmente G, The control center proposal does not � contai n any intercom or internal security communication system. � H. The required $5,000 bond has not been submitted. Insurance is indicated, but • no certificates have been submittede I. Health careo No physician or � ambulance service is listed; nurses are � mentioned, but not identified. No covered treatment center is indicated. � J, Parking is indicated in the same area as the assembly, The Police Department � says that a previous party here had only 350 cars and they were parked across Iiayside � Road as well as on this property. K, Telephones listed are not located � on the layout and are not shown to be on a � separate line. L. Fire protection is indicated to be :he same water tanker as used for potable supply, No pumping or fire fighting equipment • or plans were submitted. No fire lane is • shown and no fire fighting personnel are listed, (Continued) • � � 18 ORONO COUrICIL P�lEETIPIG HELD AUGUST 23, 1976 Page • M. Provision for containing sound on EXHIBIT F • '-.he property is not indicated. Promoters (Continued) • ,ay they will reduce noise when asked, but grior experience from the July 9 , 1976, party � may refute this, N. No applicant hardship has been � indicated which would warrent any reduction in ordinance requirements. r G9e110 As An assembly application is required to be submitted 30 days prior to the scheduled � evento The City received this incomplete � application on August 13, 1976, 15 days prior to the announced date, Trie application is still � incompleteo c-4) The application states that the � party will be a dance and "benefit" , but does not indicate �ahat charity or group will "benefit" . • No mention is made of �eer given for the ticket price, a matter which the Police Department � has uncovered. � c-6) Security details are not covered, c-7) The sound amplification is not � indicated. c-8) Food concessions are indicated, • but not in detaile No permit or license has been issued for any such concessione • �onclusionso The proposed activity appears to be in direct violation of the zoning ordinances w controlling commercial activity in a residential area and involving general performance specifications � concerning noise and traffic controle In additian, the requirements of Chapter 69 have not been met • in either letter or spirit of the law° s intent. The application is late, incomplete and may � include incorrect informatione The plans f appear to be ill conceived and not thoroughly worked out. This leaves one �aith the impression � that control of the expected crowd would he difficult or impossik�le, and that the City could • not adec�uately protect the health, safety or welfare of its citizenso • � Letter from Andrew E. PZiner - August 18, 1976 EYHIBIT G Andrew P4iner Letter � We represent some of the neighk�ors in the area of the planned concert for which a brochure is � being distributed indicating that there will be a number of bands playing and a T-shirt contes:t. • We are wondering whether intoxicating beverages • and other intoxicants or mind-altering substances might possibly be involved. Perhaps the Police epartment has record o.f a history of this particular dwelling house and its occupants with regard to controlled substances and other objection- able behavior. (Continued) • • � � OROiVO COUNCIL P7EETING HELD AUGUST 23, 1976 Page 19 � E�le understand that whoever is conducting this EXHIBIT G � Qvent might possibly have not complied fully (Continue�) ith the requirements of the Orono Large- � Gathering Ordinance. �^Je ytauld hope that on this basis alone their request for a permit �aoulc� he � denied. Aside from this, u�e understand from � talking to our clients that previous events of this nature, operating on a small scale, resulted ` in a lot of refuse being thrown and blown around, participants behaving strangely, fences being � cut, and vehicles leaving the road. • One of our clients suggested that the "local authorities" probably would not be of much � help in protecting the neighborhood and that � we should call in the Federal Narcotics Agents and the State Liquor Control Commission, I�Je � expressed to this client our opinion that the "local authorities" were quite competent to � handle everything since we have great faith in our Orono City governmente " • P�Zr, Alan Olson, Assistant Building & Zoning � Administrator, stated that A�r, Paul Voigt anc� � others involved with arranging the plans for the proposed party were notified to be here this � evening. Mayor Searles noted that the applicants �iere not present as requestedo • Paurus moved, Z^�elsh seconded, to adopt Resolution RESOLUTION #706 ��706 , A Resolution Denying Paul Voigt A Large Deny Large Assembly + Assembly Permit, reasons for c��hich have been Permit documented and incorporated in these P�inutes � of August 23, 1976 as a basis for this decision, rlotion, Ayes (5) - Nays (0) . i • b2assengale moved, Welsh seconded, to obtain a COURT ORDER court order to cause applicant to cease promotinc� � proposed party for August 28, 1976; (2) to issue a complaint to the applicant for not having proper � licenses and permits. Ilotion, Ayes (5) - Nays '0) . � Chief ICilbo was requested to notify all vendors and other parties of Council°s decision, � • MN, Frank Philbrook arrived at the Council meeting F�1K PHILBROOK at 10: 25 P,P-2, to inform the City Council that he � was a friend of Tir, Paul Voigt and that he wanted to state that the proposed party had heen cancelled � and that all flyers advertising the event and all tickets have been returned or refunded. Mro � Philbrook stated that signs �aill be �osted at the �roperty cancelling the party> P�ir. Philbrook was in�ormed of the previous Council decision and � why that decision �,�as madeo t�r. Philhrook stated that the original intent was to raise � funds for ilro Paul Voigt but the plans got out of hand. � (Continued) � � OROIVO COUNC IL PIEETIr1G HELD AUGUST 2 3, 19 7 6 Page 2 p � TZre Phil�rook was advised that the best way FRAr1K PHILBORRK � to hold a benefit for someone was at a business (Continued) , stablishment that has the necessary licenses � _nd personnel to control the functione • r7r. Philbrook requested that he receive a copy of staff inemos relating to Council' s decisiono • He was informecl that P�r, Paul Voigt will receive them on request. � � r1r. Alan Olson, Assistant Building & Zoninc� VARIANCE � Administrator, stated that Rohert Benedict, 1380 Rest Point Road 1380 Rest Point Road, requests a variance for � a house addition to existing non-conforming lot. • This property is located in LR-1B zoning district, (lot area 1 acre, n3,560 sq. fte , lot width 140 ' ) . � r7r, Benedict° s lot is approximately 17,000 sct. .fte A in area and is 100' wide. This lot is currently oacu�ied by a house (36 ' X 26 ' ) and garage � (12 ° �� 26 ° ) e rir. Benedict is requesting apnroval of_ variances to add to the existing d�aelling • (26 ° X 36 ' adaition) , This proposed addition would include an attached garage. • � lRro Benedict Yias agreed to remove the existin_q �2 ° X 26 ' non-conforming garage if the proposal s approved, He has indicated that he e�ould be u�illing to remove this existing garage before � commencing with the nroposed addition. � I �vould recommend approval as �ae would eliminate • the present substandard setbacks from the existing garagee This would he an improvement to both � the property and the neighborhood. � I believe we could dispense with the customary c�aorY. session revie�a and make a recommendation � to Cour.cil o � Planning Commission Tseeting - August 16 , 1976 � The Benedicts are requesting approval of_ variances � to add to the existing dwelling including an attached garage. I1r. Benedict agreed to remove � the existing non-conforming garage and would be ���illing to rerlove it before comriencinq with � the proposed additione Hank Piuhich mentioned that earlier today he had received several ca.11s � from neighbors concerning the cars that �aere � narked on this propertyo P4r, Dave [^lilliams, a neighbor, caas present and stated that this home �as been under construction for about one year. He understood that they had some problems and he � did feel that they were trying to improve their propert_v. Hot��ever, he was wondering if they could � ma}:e some effort to clean up the back nart of the house. • (Continued) � � ORnNO COUNCIL t�EE�ING HELD AUGUST 23, 1976 Page 21 � Among other things , he mentioned several cars VARIAr10E � and boa�s that were stored on their property. 1380 Rest Point F.oad j�rse Benedict was present and explained that (Continued) � they were storing the boats for a friend of their son until he could make arrangements to • store them elsewhere. Her husband c�oes i�ave • a couple of cars which he uses for spare parts. Because of the high cost of having garbage � hauled away, they did accumulate a variety of different items of trash until they had enough � for one load. � The Planning Commission recommends approval of this non-conforming lot size for the proposed • addition based upon the fact that the lot � area cannot be expanded, no setback variance is required, the area is sewered, property owners e, tear do�an non-conforming garage prior to obtain- inq a building permit and the owners make an * effort to improve appearance on the outside of the house. • • Butler moved, Paurus seconded, to approve the variance for Rohert Benedict, 1380 Rest Point � Road, as per the Planning Commission P�inutes of August 16, 1976. P7otion, Ayes (5) - rTays (0) e • ��Zr. Alan Olson, Assistant Building & Zoning VARIANCE Administrator, stated that Robert Birkeland, 4500 North Shore Drive � �500 rdorth Shore Drive, is requesting a lot ` area variance. The property is located in a LR-1� zoninc� district. Area requirement is � 43,560 sq. ft. This lot is approximately 32, 600 sq. ft. in area. The variance necessary r would be approximately 11,000 sq. ft. • P"re Birkeland is requestinc� renewal of_ the same � variance which was approved by Council July 28, 1975, ��hich expired through our statute of � limitations. I would recommend a�proval of the renewal. I am enclosing copies of minutes from � the Planning Commission and Council meetings from a year ago. I believe cae could make a recommendation � to Council ���ithout the customary work session review< � Planning Cor.imission r4eeting - August 16, 1976 � Because this is a renewal of an expired variance, , the Planning Commission recommended approval based on the same conditions r.mentionec� in the � Iiinutes of the July 28, 1975 meeting. � Butler moved, Searles seconded, to approve the variance for Robert Birkeland, 4500 rTorth Shore �' Drive, as ner the Planning Commission P2inutes of � August 16 , 1976. A�otion, Ayes (5) - ITavs (0) . � � � ORONO COUNCIL PZEETING H�LD AUGUST 23, 1976 Page22 � r�2r, Alan Olson, Assistant Building & Zoning SE�r1ER PLAN � Administrator, stated that Lou Oberhauser, Herrick Circle errick Circle developer, is requesting � apProval to install the sewer line and hool:up � to the [aayzata system as previously proposede � I am enclosing a copy of Resolution #�662 along with the following data pertaining to the � conditions set forthe � l, Letters - Reo Seiaer Plan Approval ae City of in7ayzata � bo rletro [�Taste Control Commission � c. l�7cCombs-Knutson Associates 2. Copy of the Declaration o.f Covenants, � conditions and restrictions for Herrick Circle. � 3 e Letter from Bruce Pialkerson to r�r o Benson reo modification of paragraph #14 o.f_ � Resolution #662, '� Council PZeeting - Auqust 9a 1976 � Deferred until final revised sewer nlans are � submitted for review by City Engineer and approval by the Council, � �ugust 13, 197G + The City received through the mail one copy of revised sewer plan. Copy of same Faas also � sent out to ilcComk�s-P.nutson, CitY of T^dayzata, Norman Nafstad and Berghorst Plumbing from � Schoell S. Madsono � P7ro Olson also commented that the City of_ t�layzata and the Pollution Control Agency have apnroved � the sewer plano � Paurus moved, Searles seconded, to approve the + set•�er Plans as submittecl subj ect to a � lo Verifying that all lots are sec•aered. 2, Submit Performance Bond, � 3, Submit contract, � T>Iotion, AXes (5) - rlays (0) . � P�1r, Alan Olson, Assistant Building & Zoning FOSTER CARE HOP�'IE � Administrator, stated that La�arence & Beverly 3818 Dlorth Shore Drive Beno and Hennepin County [aelfare Department have • made application �or a foster care and shelter �are at 3�18 North Shore Drive, In brief, the Pplicant will be moving to the above adc�ress � and �iants to continue to provide care for two -- children and temporary shelter care for tv�o (Continued) � � � � ORONO COUNCIL P�EETING HELD AUGUST 23, 1976 Page ?_3 a additional children. The household u�ould, FOSTER CARE HODZE ♦ tlierefore, consist of two parents, three 3818 North Shore Drive atural Cincluding adoptive) children and four (Continued) � foster children. � The proposed residence i� on a 3/4 acre lot in , the LR-1C, 1/2 acre single family residential zonea The zoning code defines "family" as � consisting of "an individual or two or more persons each related by blond, marriac�e or � adoption, living together as a single house- � keeping unit; or a group of not more than four persons not so related, maintaining a common � household. " � Searles moved, Massengale seconded, that the request of P�r. & T�2rsa Beno and Hennepin Cvunty • �^]elfare Department for a foster home care shelter at 3818 North Shore Drive, be referred � to the Planning Commission, P�Iotion, Ayes (5) - , Nays (0) . � Councilmember Gary [��elsh left the A7eeting at 10: 20 P.r2, � Mro Alan Olson, Assistant Building & Zoning SUPER VALU STORE Adr.iinistrator, informed the City Council that 3333 Shoreline Drive � Super Valu Storeso Inc, have submitted all �onies due for unit charges and have signed all necessary documents and resolutions as per_ Council � �Zinutes of_ July 26, 1976, rRre Olson will report back to the City Council Septemk�er 13, 1976 in ! regard to the landscape and outside building des.;gn. � . P�ire Alan Olson, Assistant Building & Zoning COrTDITIONAL US� PERPZIT Administrator, stated that Bradley Steinman Holiday Station Stores � representing Holiday Station Stores, requests 3340 Shoreline Drive a conditional use �ermit for a service station � at 3340 Shoreline Drive. � This property is located on the northeast quad- rant of the intersection of County Roads dk15 & � #19 , c�srrently occunied by a Texaco Station. � The Planning Commission recently conceptually approved a Burger I:ing pronosal made by John � Lambin subject to several conditions. r One of the conditions was to resolve any problems that might result from the traffic congestion � at the intersection of County Roads #15 & u190 . The subject of ingress and egress �ai11 have to be cleared through the Countyo � (Continued) � i i � � ORONO COUNCIL P'IEETING HELD AUGUST 23, 1976 Page 24 � Besides the conditional use permit approval, the CONDITIONAL USE PERP�IIT � nroposal also requires a variance from Ordinance 3340 Sl:oreline Drive �ection 38.510, which limits the number of (Continued) service stations for an intersection. To remove � the existing station and construct a new facility would constitute a ne�,� proposal and,therefore, � require a variance from Ordinance 38e510e � Planning Commission sCheduled a puhlic hearing for September 20, 1976 at 7a30 P.M. � � A4r. Alan Olson, Assistant Building & Zoning SUBDIVISION � P.dministrator, informed the City Council 1060 Tonkataa Road that a public hearing caas scheduled for Puhlic Iiearing Date � September 20, 1976 at 7045 P.DZe for a preliminary subdivision for Thomas Ryan, 1960 Tonkacoa Roado • • PZr, Alan Olson, Assistant Building & Zoning SUBDIVISION i Administrator,informed the City Council that 1305 Sixth Avenue r?orth a public hearing v�as scheduled for Sentember 20, Public Iiearing Date � 1976 at 8000 P.A�. for a preliminary subdivision for Hugh Harrison, 1305 Sixth Avenue North, � � T�r. Alan Olson, Assistant Building & Zoning COMPREHENSIVF SE[�IER PLAN �dministrator, informed the City Council that September ?7, 1976 Septeml�er 27, I976 is the deadline for the i Planning Commission and City sta£f to complete the Comprehensive Sewer Plano • � Butler moved, riassengale seconded, that RESOLUTION #�707 Resolution #707, A Resolution Denying Variance 3175 North Shore Drive � Applied For By Fred Rogers And [laiving tlnit + Assessment Pursuant To Rec�uest �y Fred Rogers And Darrell Stewart, be adopted. Piotion, � Ayes (�) - rTays (0) . � Searles moved, ilassengale seconded, to approve SETUP LICrNSE r a one-day setuP license for the P�Iinnetonka �Iinnetonka Art Center Art Center, Tlotion, 1�yes (4) - Nays (0) a � � Dick �3enson, City Administrator, informed the 1977 BUDGET � City Council that the 1977 Budget material was incomplete at this time, � • � � i � � ORONO COUNCIL MEETING HELD AUGU�T 23, 1976 Page 7_5 � • Dick Benson, City Administrator, stated that LPZCD 1977 BUDGET HEARING -�ursuant to rZinnesota Statutes governing the � listrict, the Lake Minnetonka Conservation District will hold a hearing at 8000 P.M. on � Wednesday, August 25, 1976 at the Freshwater Biological Institute in Navarre, P3innesota, • for the purpose of hearing member municipalities wishing to be heard concerning the 1977 LMCD � budgeto r This memo, dated August 5, 1976, hereby constitutes � the required ten day nntice under Section 2,01, subd, 3 of the LP�ICD Code. • • Paurus moved, Butler seconded, that a transfer TRAriSFER . of $20,000 from the Liquor Store Fund to the Lictuor Store General Fund, be approved. Motion, Ayes (4) - � Nays (0) , i Nlassengale moved, Paurus seconded, that a TRANSFER � transfer of $31,850 froM the General Revenue Federal Revenue Sharing Sharing Func? to the General Fund, be approved. ` r7otion, Ayes (4) - Nays (0) , � �T��iassengale moved, Butler seconded, to ap�rove PROCLAi�?ATION a P.roclamation declaring September 8 , 1976, to National Cancer Day � be National Cancer Dayo Motion, Ayes (4) - T�Ia.y s (0) e � � �3utler rnoved, Massengale seconded, to adopt P.ESOLUTIOPT ;#708 r Ftesolution #708, A Resolution Amending Resolution Additional Election Judges '�702 Appointing Additional �lection Judges For � mhe Primary Election To Be Held September 14, 1976, And The General Election �o Be Held � rTovember 2, 1976o Motion, Ayes (�) - Nays (0) . � � iiro Bruce Ilalkerson, City Attorne_y, reported SAMUEL P�4A�F'IELD T�ATmE�2 to the City Council that the Samuel P�2arfield � matter has been completed as per the City' s agreement, � • Letter from P.ick Sathre, City Engineer, to Bruce TZalkerson, City Attorney, dated August 17, , 1976, stateso � "I have this date, August 17, 1976, performed the inspection of the Marf.ield property on � Scotch Pine Lane in the Dicon Addition to verify the compliance by PZr. r�arfield with the � stinulations set forth in the settlement . agreement of the £ith of PZarch, 1976. (Continued) � r OROPdO COUNCIL PSEETING HELD AUGUST 23, 1976 Page 26 1� I would concur with P4re John A. Holmquist of SAMUEL MP,RFIELD P�4ATTER � Eugene Aa Hickock & Associates in his letter (Continued) of July 30 , 1976, which states that "the work � has been performed in general conformity �oith the approved plan. " I, too, following my � review, believe this to be the case. The grading, soddinc�, and planting have been � completed, and I would, therefore, recommend , moving toward dismissal of the charges against P�iro P4arfield. " � � Mr. Greg Frank, City Enqineer, stated that the 1976 SEAL COATING PROGRAT�� recent analysis concerning the seal coat � material to be used on the 1976 Street Program • has not met the graduation limits as per our specifications and that the material contained � 4-6a excess water that would have to be deducted by the_ contractor hefore the material is � acceptable. r7r. Frank will request the contractor to submit a letter to the City r stating his intent to perform before the • August 31st completion dates � Greg Frank, City Engineer, informed the City STORn2 DRAIN � Council that the storm drain has been installed Scotch Pine Lane �at Scotch Pine Lane and that his firm will submit the proper information to the legal department for the drainage easemente � � T1rse Fern Kubalsky, Bike/Hike Committee member, BIKF/HIKE TRAILS � discussed with the City Council Hennepin Count_y° s plans to install a 5 ' bike/hike trail on either � side of County Road #15 from County Road #�19 at Navarre west to County Road #�110 this year. r Spring Park and Piound are applying for funds from • the County to construct a second class trail on Seton bridgea In 1977, Hennepin County plans i to construct the same type of trail on County Road ¢�19 south from County Road #15 at Navarre � to State Highway ��7. P�lrso Kubalsky continued by stating that r�innetonka Beach has agreed to � allow Hennepin County to construct a trail on County Road #15 in their community. � . i�2rs. Kubalsky stated that Hennepin County would consider constructing a bike/hike trail on � County Road #15 in Orono east of County Road #19 in Navarre to [rlayzata and on County Road #k19 � north of Hennepin County #15 to County Road '�84 if Orono F�ould request ito This proposal would be incorporated in Hennepin County's five-year • plane PZrs, Kubalsky stated that Hennnepin Count_y has $100,000 per year to distribute to cities ` that apply for any first or second class bike/ hike trail along a County streeto (Continued) � • O��NO COUNCIL r'IEFTING HELD AUGUST 23, 1976 Page 27 � First Classo Bikes, hikers, and automobiles BIKE/HIKE TRAILS are separated as a multi-use trail. (Continued) � Second Classe Bikes and hikers share trail and are separated from automobiles. • These trails are maintained by the City and not � Hennepin County. i P�ayor Searles reminded the committee that construction of the Long Lake-Orono interceptor was to hegin next year on County Road �15 and � construction of a bike/hike trail in that area should wait until the interceptor is completed, � t7ayor Searles requested the City Administrator to contact Hennepin County and request them to • include trails as proposed by the Bike/Hike • Committee in their five-year plan. • Tirsa Gretchen Hallowell, Bike/Hike Committee APPROVED COUP7CIL P�ZINUTES member, addressed the Council expressing her � concerns with the lack of communications in receiving information to her committee relating � to Council actions on committee recor.imendations, Dick Bensono City Administrator, in.formed P�irso � Hallowell that all Council Piinutes include • Council matters and their action on th�se iterase � I�?rs e Kubalsky, Chairwor.lan, is informed on a regular basis by the Administration through personal phone calls an� at regular Bike/Hike � meetings by staff advisors of_ all Council actions and a followup of the status of grants • applied for, � Searles moved, Paurus seconded, that the LICErdSES 4 following license, be approvedv Motion, • Ayes (4) - Nays (0) . William L, Gadtke Plumbing, Inc. - Plumber � � I3utler moved, Paurus seconc�ed, that the All BILLS Funds Accounts 3490 through 3530, 3534 through � 3586 , 19373 and Liquor Store Accounts 11466 through 11500, be paid. T4otion, Ayes (4) - Nays (0) 0 � Butler moved, Paurus seconded, that the ADJOURPdP1ENT meeting be adj ourned at 11 a 40 P o PZ, P�Zotion, � Ayes (4) - Nays (0) . • � /�' r � / ry�L �- '�� �LY� •.� y obert L. Searles, Playor r � Attesto , �.. ��� // .et::---- Walter R enson, Clerk-Administrator