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Home My WebLink About10-12-1976 Council Minutes s • CITY OF ORONO a Regular Meeting of the Orono Council, 7:05 P.M. , October 12, 1976 The Orono Council met on the above date with the following members present: Councilmembers Butler, Paurus, and �aelsh. Absent: P�Iayor Searles and Councilmember Massengale. Also present: City Administrator Benson, Building and Zoning Administrator Muhich, City Attorney Malkerson, and City Engineer Frank. Councilmember Butler adjourned the P4ayor's chair in his absence. Paurus moved, Welsh seconded, that the P�inutes MINUTES of the Regular PZeeting of September 27, 1976, be approved. Motion, Ayes (3) - Nays (0) . � , Walter Lathrop, Park Commission Chairman, stated BRUCE DAYTON OFF�R that Park Commission members have visited the proposed land to be donated to the Orono Park Department by Bruce Dayton. � Park Comnission member Hurr moved, Berglund � seconded, to thankfully accept Mr. Dayton's gift to the City. Motion, Ayes (4) - Nays (0) . _ne Park Commission suggests a public hearing concerning the use of the property. Some items to be considered at such a hearing would be as � followsa l. Permit Only Parking. 2. Study of future fencing of the site. 3. Gate to parking area locked after 10e00 P.M. s 4. No boat launching or landing� 5. Proposed cleanup schedule and trash cans. 6. Possible swimming instruction on the site. 7. Beach screen, house removal. 8. �uestion of retaining the present house structure (currently occupied) for a care- taker at a reduced rent. Paurus moved, Welsh seconded, that the offer of land to be donated by Bruce Dayton for park purposes be referred to the Planning Commission for review and recommendations. Motion, Ayes (3) - Nays (0) . l�Zr. Lathrop also stated that a new attendance UNEXCUSED ABSENCES policy for members of the Park Commission was Park Commission discussed. �throp moved, Berglund seconded, that two onsecutive unexcused absences without advance notification to the Chairman involves an auto- matic resignation by said member. Motion, Ayes (4) - Nays (0) . s � ORONO COUNCIL MEETING HELD OCTOBER 12 , 1976 Page 2 Representative to the Human Rights Commission, HUMAN RICHTS COMMISSION i Councilmember Paurus, reported that four Human tights Commission members appeared at their stated neeting of September 23, 1976. Minutes are not available. No comments from the Planning Commission. PLANNING COMMISSION e Henry Muhich, Building & Zoning Administrator, SUBDIVISION stated that Mr. Michael Cloutier, 3120 Sixth 3120 Sixth Avenue North Avenue North, is requesting approval to subdivide #175 � this 12 plus acres into two parcels - one parcel of approximately 4 acres and the second approximately 8 acres. This property is located in a 2-acre district. ,* The existing dwelling would be located on the four acre parcel. The second parcel, which consists of � some wetlands, would be acquired by the Hennepin County Park Reserve District. Since the proposal does not increase residential development, I believe we could waive the park S dedication fee. A public hearing should be sc�Edulede lanning Commission Meeting - September 7, 1976 Scheduled public hearing for October 4, 1976 - 7: 45 P.r�. Public Hearing - October 4, 1976 Mr, Cloutier and Mr. Anderson, representative of the Park Reserve, presented the proposal. P•Zrs. Cash- s more, a neighbor, showed concern over maintenance of Reserve property surrounding her and maintaining � present drainage ditch. She also expressed some opposition to the County's acquiring of land resulting in less tax revenue. Also stated tliat some of the homes on these properties were being rented out by the County. Mr. Anderson confirmed this. Al1 these homes were outside of Orono, but cvithin Orono School District. He assured the Commission that all but one of these homes would be vacated by November 1976. The Planning Commission requested staff to obtain data from the County projecting long range plans for the Park Reserve area. The Planning Commission was informed that the City's ly concern regarding this proposal was the proposed at and land use. (No jurisdiction of sale o£ properties) . {Continued) � � � ORONO COUNCIL PdEETING HELD OCTOBER 12, 1976 Page 3 � The Planning Commission then recommended approval SUBDIVISION of the proposed preliminary plat subject to 3120 Sixth Avenue North � maintaining existing drainage and a park (Continued) edication fee on each of the 2 lots which meet • the zoning requirements in the district. M Welsh moved, Paurus seconded, to approve the request for a subdivision for Michael Cloutier, 3120 Sixth 'S Avenue North, as per the Planning Commission A�linutes ` of October 4, 1976. Motion, Ayes (3) - Nays (0) . • Henry Muhich, Building & Zoning Administrator, CONDITIONAL USE PERMIT a reported that the Holiday Station Stores are 3340 Shoreline Drive requesting a conditional use permit for a service #162 • station in a B-1 zone at 3340 Shoreline Drive. � This property is located on the northeast quadrant � of the intersection of County Roads #15 & �19, currently occupied by a Texaco Station. The � Planning Commission recently conceptually approved a Burger King proposal made by John Lambin, subject • to several conditions. � One of the conditions was to resolve any problems � that might result from the traffic congestion at the intersection of County Roads #15 & #19. The � subject of ingress and egress will have to be �eared through the County. Besides the conditional use permit approval, the � proposal also requires a variance from Ordinance Section #38.510 which limits the nurtber of service � stations for an intersection, To remove the � existing station and construct a new facility would constitute a new proposal and, therefore, � require a variance from Ordinance #38.51U. • Planning Commission Meeting - August 16, 1976 S A public hearing was scheduled for September 20, 1976 `, at 7 0 30 P.l�i, `, Council Meeting - August 23, 1976 � Council advised of proposed plans and scheduled public hearing. Staff was directed to investigate •the proposal and any adverse traffic conditions or ,esthetic considerations, �Planning Commission Meeting - September 20, 1976 �The Planning Commission was concerned about the ��affic problems that could result at the inter- ction of County Roads #15 & #19, especially now that the new Super Valu Store is also near this �intersection. General feeling is that this type of service station would generate mvre traff ic �into this area. The proposed site plan indicates {Continued) ti � •ORONO COUNCIL I�iEETING HELD OCTOBER 12 , 1976 Page 4 � � there would be two access points to this station CONDITIONAL USE PERhiIT from County Road #15. Holiday would be willing to 3340 Shoreline Drive close off the access clpsest to the corner of (Continued) � 'ounty Roads #15 & #19, which they feel would help � aliminate some of the congestion at this intersection. � The Planning Commission recommended that this application be denied based on the followinge • � l. Traffic hazard resulting from traffic generating business. � 2. Application is for additional service beyond normal service stations in the area. ;� 3. Two relatively new service stations on corner now. � 4. Further recommend that staff be instructed to have this application reviewed by legal counsel � and after City Council reaches a decision, the � City Attorney draft up resolution to be reviewed by the Planning Commission at their next meeting. �► � Council Meeting - September 27, 1976 • Council directed staff to proceed with review and • preparation of resolution to deny conditional use permit and forward same to City Attorney for final � draft for review by Planning Commission before � adoption, � �port to Dick Benson, City Administrator, from Henry f�iuhich, Building & Zoning Administrator, � dated October 1, 1976 states thate � After the decision and instruction of the Planning Commission at their meeting of September 20, 1976, I have reviewed the proposal further and discovered � that an operation of this nature could create an extremely hazardous traffic situation at this � intersection where a traffic problem c�urrently exists, • I have done some research as to the volume of � business of a similar existing Holiday operation located at 1325 Wayzata Boulevard in Wayzata in � relation to the volume of the existing Texaco � operation at the proposed site. � b•1r. Erwin i•Zartin, the pres�ent manager of the Texaco Service Station, informs me that he pur.�ps an • average of approximately 300 gals. of gas per daye Occasionally, when gas prices are temporarily � dropped he will pump in the neighborhood of 900 � gals. in a day. t�Ir. Martin provides one other �rvice which would contribute to the traffic oblem -- that being auto repair service. Although only one automobile was brought in for repair on � the day I checked with him, he informed me that he averages about 15 cars per day. (Continued) � � ! � OROP10 COUNCIL MEETING HELD OCTOBER 12 , 1976 Page 5 w The existing Holiday Station Store currently CODtDITIONAL USE PERMIT � located at 1325 Wayzata Boulevard pumps an 3340 Shoreline Drive �verage of approximately 200,000 gals. per weeke (Continued) r Although Holiday does not provide too much in the line of auto repair, they do deal in the sale of � a wide line of inerchandise which would appear to . attract a much higher number of customers and, subsequently, traffice � In checking with the manager of the same I3oliday � Station Store in Wayzata, I 4�as informed that the total sale of inerchandise other than gas was � averaging in the neighborhood of seven or eight thousand dollars per week, • � �Vhile walking through the store, these are only some of the items I saw on the shelvese � 1> Food roceries baker - 5 , y, soft drinks (bottled) , � cold drinks, ice, candy, pet foods, etc. 2. Sporting goods and hobbies - hunting equipment, � fishing equipment, sleeping bags, boat motors, shells, cameras, film, yarn. � 3. Clothing of all sortso � 4. Cigarettes 5. Ladies items - jewelry and cosmetics � G. Household goods - soaps, dishes �. Furniture - table and chair sets, lamps, radios, T, Vo 's, stereos, ironing boards, blankets, records and tapes, lawn furnitureo • 8e Hardware - taols, paint, bulk motor oil, • garbage cans, ladders, lawn toolse � I am sure the lo4�er priced gas and variety of nlerchandise will draw a rnuch larger nurnber of � customers than the present operation. Both these factors will lend to creating a much more hazardous • situation, as this type of an operation will draw customers from outside of the immediate area and � current traffic flow. � � I have rev�ewed the current traffic situation � at this intersection through data provided by Police Chief Kilbo and from the little material I � do have I find it to be a problem of such magnitude that we should deal with it as one of the primary • concerns in the Village. Although we have no alternative from permitting the existing 22-year � service station operation to continue, we should � make every effort to improve the current hazardous situatione [�e might consider limiting the use � of_ this corner to an operation which would not �c� to the present hazardous situation. (Continued) � � � � ' � ORONO COUNCIL T�tEETING HELD OCTOBER 12, 1976 Page 6 � The data I received from Chief Kilbo consists of CONDITIONAL USE PERMIT two mapse 3340 Shoreline Drive � (Continu�d) • le 1975 Hennepin County Traffic Flocv r-�ap 2, 1974 Minnesota Department of High�vays ,+ accident rate on the various corridors of Orono • �l'he traffic flow map shows the intersection of � County Roads 3�15 & #kl9 having the highest traffic flow of any intersection v��est of I-494 • except for the intersection of State Highways #7 • and #�101. Highway �7 is a divided four-lane highway at this point. w The accident data map indicates by far the most f accidents of any other location in Oronoe This rlap is from a survey made in 1974 as Chief Kilbo • does not have a copy of the latest 1975 datao lZro Benson informs me that we have more than 100 miles � of pub.lic roadways in Orono (State, County and � Local) , Our accident map shows a total of 97 accidents in the entire City of Orono, 11 of � these occurring at the intersection of County Roads �15 & #19 (11. 3a of total accidents) . � In surnmarization, I believe we should review the ! conditions extremely carefully and consider .imiting any future use of this property so as � to improve the hazardous situation rather than � add to it. � 32>460. Conditional Usese Granting of Permito The City Council may grant a conditional use permit � as the use permit was applied for or in modified fornl, if on the basis of the application and the • evidence submitted, the City makes the following � findingse � aa That the proposed location of the conditional use is in accord with the objectives of the + Zoning Code and the purposes of the district in which the site is located; � b. That the proposed location of the conditional use and the proposed conditions under which it � �vould he operated or maintained would not be � detrimental to the public health, safety or welfare, or materially injurious to properties � or improvements in the vicinity; and co That the proposed conditional use will comply � with each of the applicable provisions of the Zoning Code. � conditional use permit may be revokable, may be ranted for a limited time, or may be granted � subject to such conditions as the City Council may prescribe. (Continued) � � � ' � ORONO COUNCIL t�IEETTNG HELD OCTOBER 12 , 1976 pag� � � Planning Commission Meeting - October 4, 1976 CONDITIONAL USE PERMIT �` After reviewing the Zoning Administrator's re ort 3340 Shoreline Drive P , (Continued) a the Planning Commission recommended denial basecl on potential negative result from projected � increase in traffic hazards from proposed land use. Requested Council review and instruct legal staff � draft resolution of denial based on data noted in reporte r . Butler moved, Paurus seconded, that the conditional use permit for Holiday Station Stores, 3340 Shoreline � Drive, be tablecl until the next Council meeting at Holiday's request. Pfotion, Ayes (3) - Nays (0) d • r Henry I�Iuhich, Building & Zoning Administratoro VARIANCE stated that Super Valu Stores, 3333 Shoreline 3333 Shoreline Drive • Drive, have submitted plans for relocating the #136 a existing sign from its Present location to the corner of County Roads #15 & #19. � The proposed location will meet required setbacks> � The area of the sign, however, is larger than area permitted in a B-1 zonee The existing sign � consists of two parts. The area of the upper identification sign is 108 sq. ft, and the area � �f the lower portion of the sign is 64 sq, fte � or a total of 172 sq. fto Maximum sign area in our zoning code in B-1 zone is 50 sq. ft. so • a variance of 122 sq, ft. is necessary. � The applicant is somewhat pressed for timeo I do not believe changing the location of the exist- r ing sign would create any problems. The area of the structure and lot is also much larger than � most other properties in the immediate area, so I � would recommend approval of the variance �aithout referral to the Planning Commission, • Council rieeting - September 27, 1976 ♦ Showed concern over extent of non-conformity and � referred the proposal to the Planning Comm�ssion ' for further review and recommendations. � September 30, 1976 � After informing applicant of sensing objection to original proposal, a new sign plan has been � submitted. The total area of this new sign is ! 55 sqo ft. ouite an improvement from the original equeste A variance of 5 sq. ft. would be requirede �l an ning Commission Meeting - October 4, 1976 a Recommended approval of 5 sq. fta variance and � approval of erection of sign as shown on plane (Continued) � � ' ` ORONO COUNCIL TJIEETING HELD OCTOBER 12, 1976 Page 8 � Welsh moved, Paurus seconded, to approve a VAR�ANCE variance� of 5 sq< fte for the Super Valu Stores 3333 Shoreline Drive �' sign located at 3333 Shoreline Drive, as per (Continued) • the Planning Commission Minutes of Oc�ober 4, 1976, P>?otion, Ayes (3) - Nays (0) . • � Henry T•luhich, Building & Zoning Administrator, VARIANCE stated that Ken Heroux, 4445 North Shore Drive, 4445 North Shore 17rive � is making a new proposal for an addition to his �179 existing hame after Council' s denial of his r original proposal (#159) consisting of a two- � story, three-car garage structure, * The lot requirements in this district are 43,560 sqo ft, area, 140 ' lot width, and 10 ' side yard � setback. This proposal would meet the side yard setback requirement, but variances of 18,810 • sq. fte in area and 65 ' lot width would be necessary. Variances are required befo�e expanding � a structure on a substandard lot. � I have nothin definite but it a g , ppears some � grading would be necessary if this addition is to be built. The extent of grading should be � defined, The new proposal consists of a tuck- under garage so the existing, non-conforming � �arage should be removed before any permits .aould be issued. I have one copy of the � building plans on file. � Planning Commission tZeeting - October 4, 1976 � The Planning Commission recommended approval � subject to the following conditionso � 1, All setback requiremen�ts are met. � 2, Grading plans for approval by City Engineer. 3e No second kitchen in proposed adc�ition to assure � City against possibility of double occupancy on one lote • 4, Proposed two-story addition does not exceed permitted building height. � 5o Remove existing garage before building ` permit is issued. � i9elsh moved, Butler seconded, to approve the variance request �or Ken Heroux, 4445 North � Shore Drive, as per the Planning Commission P�inutes of October 4, 1976, Motion, Ayes (3} - � Nays (0) , • r, Greg Frank, City Engineer, stated that we SUBDIVISION - FARVIEW . ave reviewed the final construction plans and 2905 Fox Street specifications for the Farview plat and offer #140 � the following commentse (Continued) � � � � ORONO COUNCIL :-1EETING H�LD OCTOBER 12, 1976 Page 9 �' le The proposed drainage ditches should be sodded SUnDIVISION - FARVIEi�] to minimize erosion. 2905 Fox Street �2. The developer should be required to furnish (Continued) � a performance bond. 3. Final acceptance of the project should be r subject to our inspection and acceptance. • �Velsh moved, Butler seconded, to approve the � drainage plan and final plat subject toe � lo The developer should provide an easement for the ponding area. � 2o Culverts will not impede or interfere with approved drainage velocity and volumes. � 3. Elevation of control structure at northwest area shall be approved by the Engineer and � shown on the final plato ! 4, The drainage ditch flowing east should be constructed by the developer with�.n the � boundaries of the easement being providedo 5o A drainage ciitch flowing west from approximately � the caest praperty line of Lot 10 should be constructed within the boundaries of the • easement being providedo 6. The storm water plan will be submitted to � the Council for final review. � 7o Performance bond submitted. 8. Legal Department review and approval. � 9. Board of Watershed rTanagers approval. l0e The proposed drainage ditches should be S sodded to minimize erosion. 11. The developer should be required to furnish ` a performance bond. � 12, Final acceptance of the project should be subject to our inspection and acceptance. � 13. Date for street completion> 14, Park dedication fee being paid--amount to ` be determined by staff, 15o Approved County access. i w �iotion, Ayes (3) - Nays (0) . • Welsh moved, Butler seconded, to adopt Resolution RESOLUTION #717 #f717, A Resolution Approving Farview plat. Motion, Farview « Ayes (3) - Nays (0) . ! �-7elsh moved, Sutler seconded, to adopt Resolution RESOLUTION #718 • #k718, A Resolution Approving Van llale Addition. Van Dale Addition . liotion, Ayes (3) - Nays (0) . • �°lelsh moved, Paurus secondedo to conceptually SUBDIVISIODI �pr.ove the final plat and rezoning for the Herrick Circle � errick Circle property, 460 Old Long Lake Road, #152 subject to the Engineer°s, the Legal Department° s, � and Adntinistration's approval. T�otion, Ayes (3) - + i�Tays (0) . � � � ORONO COUNCIL T�TEETING HELD OCTOBER 12 , 1976 Page 10 • Henry T��uhich, Building & Zoning Administrator, OPEN HOUSE stated that the Joint Independent School District Vo-Tech �287 would like to invite members of the Orono � City Council, Planning Commission and City Aaministrative staff to attend the South Campus ,r Open F�ouse, Thursday, October 7, 1976. The Open House will be held from 2030 P.M. to 9a30 P,1�7. • Copies of our brochure containing more detailed • information are enclosed for your useo � Our "People in Action" Open House would Provide those interested with an opportunity to become � more familiar with our programs and facility. Students and instructors will be in attendance � to answer any questions, � Henry P�iuhich, Building & Zoning Administrator, Ie'!C CAFFREY COPSPLAINT � informed the City Council that the drainage area ! between Mre McCaffrey and Mr. Rovick' s property is being regraded by the landscape contractor � �°�hich was agreed by T�Zr e flcCaf frey will resolve his complaint on this matter. • � �ienry T�Iuhicho Building & Zoning Administrator, STATUS REPORTS reviewed the preliminary subdivision request for � -�an Eeckhout Building Corp, 400 Old Crystal IIay � �<oad; the conditional use permit for the Parlc Gun Club, 3660 Sixth Avenue North; preliminary sub- � division for Klaus Becker, 511 North Ferndale; lo� area and width variance for Robert Johnson, • 1121 Elrawood Avenue; preliminary subdivision request for Tom Ryano 1060 Tonkawa Road; side yard variance � for Ga Raymond VJolfe, 2925 Casco Point Road; � preliminary subdivision request for Steve [^]allack, ToT�7.G. , 4100 Sixth Avenue North; preliminary sub- � division request for Ed Lehmano 3527 Shoreline Drive; and the Long Lake Boulevard lake access usage, 1535- � 1545 Long Lake Boulevard, as information and status report items .that have not been acted on by the � Planning Commission, � I�iayor Searles arrived at 8a20 P,A4. and resurned � his chair. � I�layor Searles commented that the Lake Ilinnetonka LrZCD DOCK REGULATIONS Conservation District Dock Committee will be i reviewing all elements of the regulations and policies concerning docks on Lake IlinnetonYa � �,�ithin the next two weeks. This will result in i establishing a maximum dock length regulation �or all structures on the lake, Paurus moved, Butler seconded, to request the � Lake T•4innetonka Conservation District to adhere to and enforce the existing code. TZotiono � Ayes (4) - Nays (0) . (Continued) � � OROT10 COUNCIL MEETING HELD OCTOBER 12, 1976 Page 11 * P7ayor Searles commented on the proposed Lake LT�ICD SAFETY & INSPECTION � Iiinnetonka Conservation District Safety and SERVICES Inspection Service stating that the Lake ��tinnetonka Conservation District has been ooperating with the Sheriff°s office, � rnunicipalities, Coast Guard Auxiliary, and other interested parties for a number of years to assure adequate tiaater Patrol services on � Lake i�Tinnetonka. � Howevero this past year when progress seemed to be at hand, the County Board reduced the t�later � Patrol budget over 50s, resulting in a 420 reduction in patrol time, Accidents went up • 3f3�. To further compound the problem, the LP�CD Lake Use Study indicates boating activity � has increased 37o since 1974, � In order to bring Water Patrol activities up to � needed levels, and comply with its legislative directive "to regulateoo .the conduct of activities � on the Lake to secure the safety of the public, " the LI�RCD is considering the establishment of the � Lake Minnetonka Safety and Inspection Service (SIS) . (see draft attacheci) . The SIS is intended to supplement existing Water Patrol services and � ensure reliable fundingo � LT�ZCD findings indicate that to meet basic service �quirements, at least five boats are needed on � �atrol on the Lake during high use periods (weekends and holidays) , three more than at present; in addition, "courtesy information" personnel should be attending all the major accesses during busy � launching periods. � A typical budget estimate (not a specific proposal) � at this time for providing 5I5 service would beo r EXPEi�ISE • Rarnp attendants o 15 hrs/weekend X 15 weekends X 6 accesses @ $5/hr = $ 6,750 � 6 hrs/holiday X 3 holidays X 6 accesses @ $5/hr = 540 � Printed' materialsr Stickers $4 ,000 = informational materials, $3,200 = $ 7,200 � . Supplemental Patrol Serviceo 36 hrs/weekend X 15 weekends X 3 boats @ $10/hr = $16,200 � 12 hrs/holiday X 3 holidays X 3 boats @ $10/hr = 1,080 � Other expenseso 1,230 '�'otal estimated cost $33,000 S VENUEo � 11,000 boats entering the Lake @ $3 average service � fee, or in combination with grants, suhsidies, or appropriations - total estimated revenue = $33,000 ! ----___.._ � (Continued) ! * ORONO COUNCIL P�IEETING HELD OCTOBER 12, 1976 Page 12 � The SIS budget indicated above provides for a LPdCD SAFETY & INSPECTION �complete supplementary program by contract with S�RVIC�S he Sheriff's office for those services needed (Continued) � in addition to, but not currently included in, the 5heriff° s regular budget as approved by the �� County Boardo The SIS budget, of course, may • vary somewhat either up or down, should othex' levels or methods for providing the services � be chosen, For example, it is estimated that each aclditional full-time patrol boat involves � additional costs of $20,000 to $300000 per boate This can only be accomplished if funds are on � hand from the DNR, County, or from service fees. � Councilmember Gary 6Jelsh submitted a ti�ater Patrol WATER PATROL POLICY Policy as it relates to Orono stating that since � Orono has 400 of the shoreline of Lake r�innetonka., � we may have to cansider taking action as it relates to the curbed 6aater Patrol activities furnished � by the County, I think we should take exception to what is being proposed by the LT�ICD, To this * individual Councilmember, they appear as really welcoming the vacuum as being created by the County, � I can see now why we have so many levels of � government and how they have expanded by wrapping the cloak of public interest around them. Psy � idea of the public interest is not creating more '.uplication whether it be local or national. i Therefore, we must deal with the issue as it really is. Earnestly, explore the two following ` nossibilities even if they look a hit extremeo � lo Explore the possibility of taking the County to Court, and use the public interest argument � that they are not fulfilling patrol activities to take care of �roblems created by them. ! For instance, they have developed public launches that encourage people to use Lake � PTinnetonka that are far from the immediate � communities. This is a County responsibility to say the least. � 2. Try and find a c�ay to close their ramps down until they increase the service. • A recent opinion by a judge that went against a � State agency went like thise Even though the , State had budgeted a certain level of service, he said the public interest required more service � than what the State was providing. Therefore, he orclered them to increase it. This hapnened * within the last twelve months. � (Continued) • • � f ' w ORONO COUNCIL ITEETING HELD OCTOBER 12 , 1976 Page 13 � The recent actions of the LP�ICD can only c�ive WATER PATROL POLICY ycomfort to the County Commissioners. They (Continued) implied that as they withdre�� the service, • the lake communities would fill ite And guess what? This is just what they are proposing to � do, via the LMCD. � The hard nose approach that I am proposing � might make them reconsider just like Congress right now is trying to draft up legislation to � cease making the �,rmy Corps of Engineers an issue in areas like Lake T�Zinnetonka. If the � Corps was not being sued by a citizen° s group, • I doubt that Congress would be considering such legislation. � The Sheriff stated in a story in the September 22 ` "Laker" , that the LMCD is playing into the commissioners hands and striping the Sheriff s of the statutory obligation, Also, no support from the LPdCD and no organized support from the � local governments. � Note the September lOth mailing �vhere the LMCD is � asking for "seed money" to start their nev� activity, Should not our response be the followingo NO: o : : � concerning the LMCD proposalo i Let' s organize with other lake communities and the . Sheriff, It's unforttznate the L1�iCD got off on the "�arong foot" on this issue, However, v�hen one � considers the big issue, can the Countyo with impunity, cut back on necessary suburban services? � It is about time we organize, � Mayor Searles commented that the Water Patrol is charged to regulate enforcement on Lalce nlinnetonka • and provide safety for all the public but at no particular level of service. Control is important S and a higher level of service during high use periods � has to be considered in order to regulate the conduct of activity on the lake and to secure the safety �,i of the general public. � • Dick Benson, City Administrator, informed the BLOCK GRAiJT PROGRA��I City Council that on September 27, 1976, the City Stubh� Bay Sewers , of Orono received from Hennepin County a list of projects through the Community Block Grant � Program that have been approved as of September 1, 1976. � �ncluded in that list was Project NO. 71, the tubbs Bay Sewer Feasibility Study, and Projec- NO. 72, General Administration of the Block � Grant Funds, (Continued) � � � ORONO COUNCIL T�IEETING HELD OCTOBER 12, 1976 Page 14 � These projects are part of the total Community BLOCK GRAIQT PROGRAt,1 �Development Block Grant Project that will provide (Continuec�) nonies to update recreation facilities and other S approved projects as applied for earlier in 1976, • Butler moved, Searles seconded, to proceed with � the Stubbs Bay Sewer Feasibility Study subject to all or any alternatives c�ill be reviewed. � I�otion, Ayes (4) - Nays (0) . � Dick Benson, City Administrator, 3.nfor�;ed the FIRE CUNTRACT � City Council that �he City is 3�n receip� of a Lr�ng Lake new Fire Contract from Long Lake, which will be � reviewed for Council approval at a later date. • � Dick Benson, City Admin�.strator, informed the PUBLIC HEARING DATE City Council, that notice is hereby given that Orono-Long Lake , tlie P�letropolitan 6Vaste Con�rol Commission will Interceptor hold a public .hearing to discuss sewer in Orono, November 10, 1976 � Long Lake, and 4�7ay�ata� at the Freshwater Biological Institute, 2500 5hadywood P,oad, Orono, � T�tinn�sota. Tlie hearing is scheduled for 4lednes�ay, � November 10, 1.9'75 at 2 0 00 P.NI. � The hearing is for the clisclzssion of the proposed on5truction and social, econbmic and environmental � effects of the proposed project. The propased proj�ct consists of constructing an intercepting r sewer, forcemain and pumping stations to phase out ! the Orono and Long Lake ��Tastewater Treatment facilitieso � Costs and financin information g , preliminary � enc�ineering and environmental effects ivill be explained and discussed at the hearing. • Written statements in place of or in addition to � oral statements will be accepted at the meeting . and during a IO-day period following the meeting. � Dick Benson, City Administrator, reviev�ed a Summary REVENUE REPORTS � of Receipts, Disbursements, and Balances for the June, July & August months of June, Julyo and August, 1976. • � Butler moved, Paurus seconded, to adopt RESOLUTIOr1 #�719 � Resolution �#719, A Resolution Amending Resolutions Election Judges �;702 And #708 Appointing Additional Election � Judges For The General Election To I3e Held �vember 2, 1976. Motiono Ayes (4) - Nays (0) , • � � � ORONO COUNCIL I�EETING H�LD OCTOBER 12, 1976 Page 15 � A proposed amendment to the dog ordinance was PRaPOSED DOG ORDINANCE deferred to the meeting of October 25, 19760 � � i�ir, Gregg Frank, City Engineer, informed the ORONO-MINNETONKA BEACII � City Council that the City of T�Zinnetonka Beach Water Connection has asked us to contact you in regard to obtaining � an agreement between Orono and P�innetonka neach to interconnect their water distribution systems. � The proposed connection point would be at the � east end of Navarre Lane as shown on the attached plano As shown on the plan, valves ��ould be � installed at the connection point and this line would be normally closed. In the event of an + emergency in either City, such as a major fire * or well failure, the valve on �he line would be opened and water could be supplied from either � Orono to Minnetonka Beach or vice versao � �utler moved, Searles seconded, to instruct the City staff to complete an agreement with r7innetonka Beach to interconnect the two water systems subject � to all costs related to this construction will be borne by r�iinnetonka Beach. Motion, Ayes (4) - Nays (0) . � � �"r, Brad Van Nest, Planning Commission member and COILZPREHENSIVE SEWER PLAN �mprehensive Sewer Plan Representative, discussed � the preliminary Comprehensive Sewer Plan as drafted by PlcCombs-Knutson, City Engineers. Mayor Searles � instructed the City Engineer to finalize the � preparation of the Sewer Plan for the next Planning Conunission meeting, October 18, 1976. City Council � members and Planning Commission members will review the total plan at that time, � �Searles moved, Welsh seconded, to authorize payment 73-1 PAYMENT of �978,00 to r�Lr. Jason Ce Becker, 3145 Plorth Shore 3145 Plorth Shore Drive �Drive, for loss of trees and buslies during the 1973-1 �Sewer Construction Project as per the Legal Depart- ment°s recommendation, P�Iotion, Ayes (4) - Nays (0) e � ��uiscussion was held concerning Ski-Tonka's CONDITIOriAL USE PERNIIT conditional use permit status for the forth coming Ski-Tonka �ski season. This matter will be entered on the �October 25, 197G Council agenda. � 5earles moved, Butler seconded, that the following LICENSE �licsnse, be a�proved o T�iotion, Ayes (4) - Nays (0) e �Con Plumbing & Heating - Plumber • � � � ORONO COUNCIL i11EETING HELD OCTOBER 12, 1976 Page 16 � Butler moved, Paurus seconded, that the All Funds BILLS ccounts 3882 through 3939, 19416 and 19414 and � Liquor Store Accounts 11553 through 11562 , be paid, P7otion, Ayes (4) - Nays (0) . � � Butler movedo Searles secondedo that the meeting ADJOURNM�NT be adjourned at 110 20 P.1�•2. Motion, Ayes (4) - � Nays (0) a � � j �� _��,�-��,,..�� "�: z� , � Robert L. Searles, IZayor � � Attesto "� ��1� �Jalter R, enson, Clerk- inistrator • � � � � � � � S � � � � � � � �