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Home My WebLink About11-10-2009 Council Work Session Packet Council Work Session Tuesday, November 10, 2009, 6:15 p.m. Orono City Council Chambers REVISED AGENDA 1. Parking Along the Dakota Rail Trail—Correy Farniok (15 minutes) 2. Consider Establishment of Environmental Commission or Task Force—Amelia Kroeger (20 minutes) 3. Comp Plan Discussion—Mike Gaffron (15 minutes) 4. Tax Forfeit Parcel on Arbor Street—Mike Gaffron (5 minutes) 5. Lurton Park Dedication—Mike Gaffron (5 minutes) 6. Impact of Reducing Planning Commission to 5 Members—Mike Gaffron (5 minutes) 7. Paperless Agendas— Status Report—Lin Vee (5 minutes) 8. Comments Regarding Information Updates—Lin Vee (5 minutes) 9. Miscellaneous Previous Work Session Topics October 27, 2009 o Prouty Project Meeting October 13, 2009 o Big Island Report - Big Island Summer Institute - Part-Time Employee - Big Island Park Update o Pavement Management Plan Update - Willow Drive Paving - Casco Point Reconstruction Project Update o Comp Plan Discussion o Disposal of Property— 1180 Lyman Avenue 0 2009 End of 3`d Quarter Budget Update o Prouty Project Status o Paperless Council Packets o Comments Regarding Information Updates o Police Matters - Labor Negotiation Update - Police Service Contract - Prosecuting Attorney - Other Public Safety Concerns Council Work Session Tuesday, November 10, 2009, 6:15 p.m. Orono City Council Chambers AGENDA 1. Consider Establishment of Environmental Commission or Task Force—Amelia Kroeger (20 minutes) 2. Comp Plan Discussion—Mike Gaffron (15 minutes) 3. Tax Forfeit Parcel on Arbor Street—Mike Gaffron (5 minutes) 4. Lurton Park Dedication—Mike Gaffron (5 minutes) 5. Impact of Reducing Planning Commission to 5 Members—Mike Gaffron (5 minutes) 6. Paperless Agendas— Status Report—Lin Vee (5 minutes) 7. Comments Regarding Information Updates—Lin Vee (5 minutes) 8. Miscellaneous Previous Work Session Topics October 27, 2009 o Prouty Project Meeting October 13, 2009 o Big Island Report - Big Island Summer Institute - Part-Time Employee - Big Island Park Update o Pavement Management Plan Update - Willow Drive Paving - Casco Point Reconstrucrion Project Update o Comp Plan Discussion o Disposal of Property— 1180 Lyman Avenue 0 2009 End of 3`d Quarter Budget Update o Prouty Project Status o Paperless Council Packets o Comments Regarding Information Updates o Police Matters - Labor Negotiation Update - Police Service Contract - Prosecuting Attorney - Other Public Safety Concerns Orono City Council Committee of the Whole November 10, 2009,6:15 p.m. Orono City Council Chambers Present: Mayor Jim White, Council Members Lili McMillan and Jim Murphy; Assistant City Administrator for Long-Term Strategy Mike Gaffron, Police Chief Correy Farniok, City Clerk Lin Vee 1. Parking Along the Dakota Rail Trail • A temporary solution was proposed by staff to place "no parking" signs on two telephone poles and on a stake at the curve as identified on a map of the area. The south side of road will not be posted and the cut out gravel area will remain. • An officer who spoke with a neighbor indicated that it is not illegal to park a vehicle facing the wrong direction. • To issue a parking ticket, a vehicle must have at least two wheels on the roadway. • A meeting with Boe Carlson of Three Rivers Park District has been scheduled to determine common areas for parking. The areas should be easily accessed and identifiable to the public. Jim Brimeyer of Spring Park will also be invited to the meeting to discuss potential parking locations in Spring Park. Council also discussed parking areas identified along Northern Avenue and in the County Road 51/North Brown Road area. • Council agreed temporary signage is a good solution and indicates that the city is responsive to the neighbors' concerns. • Council Member Murphy complimented the Police Department on their response to a recent dog call in his neighborhood. • Two bobcat sightings have been reported in Minnetonka Beach. 2. Consider Establishment of Environmental Commission or Task Force • Amelia Kroeger shared her thoughts regarding an environmental-type commission, noting that it would not be like another Parks Commission. • One emphasis could be on global warming/climate change and reducing carbon in the atmosphere. A recent event at City Hall was held in conjunction with International Climate Day with 5200 sites participating worldwide. • Kroeger indicated an environmental commission should represent the work of the larger community and include schools, small businesses, faith communities and other local community groups. It should also work closely with the Planning Commission. Some type of incentive programs could be established to address energy use. • Edina has a program working with climate issues and may be a helpful resource. Other cities with successful programs include Northfield, Plymouth and St. Louis Park. The State of Minnesota also has many resources. • Council Member Murphy asked how these broad environmental issues could be localized and what Orono residents could do to become involved. Kroeger noted that Orono hosted the "Keep it Cool" event which was an awareness-raising event. The city might want to do another similar event. The school also has an environmental commission. • Mayor White suggested a focus on little things as a place to start, such as replacing lights with fluorescent bulbs. A display at City Hall could include places where energy efficient appliances can be purchased. • Kroeger indicated the advantage of having a commission connected to the city rather than a stand-alone group would be the city's authorization and process to approve actions of the committee. • Kroeger belongs to the West Metro Global Warming Action Group, Inc. They met with candidates in the 2008 election and worked on the Governor's advisory commission for climate Page 1 of 4 Orono City Council Committee of the Whole November 10, 2009,6:15 p.m. Orono City Council Chambers study. The city could draw on this group for resources. She noted the Medina City Council unanimously voted for a wind turbine in Medina. • Mayor White stated there is limited staff time available for an environmental commission. At some point, a new City Administrator will need to be part of making decisions regarding staff support and general guidelines for how the commission and membership would function. As a city-supported commission, a staff person would attend all meetings and provide feedback to and from the Council. Another position would not be added to the current staff level. • Kroeger has a list of residents who are interested in participating with an environmental group. • Kroeger has a preconceived idea that an environmental commission would include addressing climate change into the long-term future. 3. Comp Plan Discussion • Council Member McMillan and Mike Gaffron met with Stephen Grittman, a consultant who could work with the city and the Met Council on the Comp Plan update. Mr. Grittman worked with staff several years ago on the industrial park ordinance and is experienced in working with Met Council. He provided a draft outline of a work program, with details of the time, cost and method to proceed to be determined. • Council directed staff to proceed with a program to work with Stephen Grittman of Northwest Associated Consultants, Inc. on the Comp Plan update. 4. Tax Forfeit Parcel on Arbor Street • Hennepin County has requested that the City determine the appropriate disposition of two tax- forfeit parcels along Arbor Street. Each parcel is a double lot at 100' x 140'/.32 acres. Market values are listed at$160,000 and $136,000. • Because of the tax values, it would be difficult to do affordable housing on these sites. • Although the former owner, Bjerking, owned both parcels, they can be sold as two separate buildable parcels. The back lot was never assessed for sewer and would have to be assessed if a home were built on the lot. • Hennepin County has several restrictions if the city wants to accept the parcels, including requirements to use the land for parks, wetlands,flood control, trailways, open spaces, streets, rights-of-way or public access. • The city has three options for disposition of the parcels if they are returned to Hennepin County: o sell as one lot o sell as two separate lots o release for sale only to adjacent property owners • Council discussed conceptual house designs and options to use the property for a public purpose. • Mayor White indicated he would contact Hennepin County to discuss the market value. • Barb Peterson, property owner on Arbor Street, indicated the Dakota Rail Trail has been heavily used and insufficient parking has been an issue. Potential areas for trail parking were discussed including a portion of Crystal Bay Park and the Post Office parking lot. Peterson prefers the tax parcels be sold as one lot for one house or used as a city park. 5. Lurton Park Dedication • The city will plan a formal dedication of Lurton Park for next spring in April or May and advise Mr. Lurton that the city is planning a recognition. Donation of the land was Mrs. Lurton's idea and he may want to name the area after her. Staff will review restrictive covenants that were established when the city received the property. Page 2 of 4 i Orono City Council Committee of the Whole November 10, 2009, 6:15 p.m. Orono City Council Chambers • Council Member McMillan suggested the Council walk around the property and consider appointing a smafl committee to plan for the recognition. • Since Mr. Lurton is an avid biker and often bikes to the property, Council suggested the city explore options to provide a trail to the property and/or within the property boundaries. • The city will need to review what improvements will need to be done to make the property useable for the public. A parking area would be allowed by the covenants. • Gaffron will contact Van Erickson, Mr. Lurton's son-in-law, to discuss how Mr. Lurton might like to be recognized. 6. Impact of Reducing Planning Commission to 5 Members • At a previous work session, Council directed staff to explore reducing the Planning Commission from seven members to five members. At the time, no applications for the Planning Commission vacancies had been received. • Factors to consider include: o An application has been received for the vacant full-time Planning Commission position. o JayAnne Bennett will return from her leave in May. o Tess Rice is the only member whose term expires in March, and she will most likely be reappointed. • Council Member McMillan commented that participating on the Planning Commission is a good way for residents to learn about city code. Reducing the size of the Planning Commission would also reduce citizen involvement. • Council determined that the Planning Commission will remain at seven members, with reconsideration in the future if needed. • The Planning Commission applicant, Linda Feuss, will be invited for an interview at 6:40 pm prior to the next Council meeting. 7. Paperless Council Packets • Council directed staff to continue working on costs and an implementation plan with Council updates as appropriate. • Council Member Franchot has indicated he would be willing to participate with staff during the planning process. 8. Comments Regarding Information Updates • Council Member McMillan commented that the County Assessor's report regarding lakeshore property value reductions is something that affects budgets and the city needs to be aware of the impacts. The decreases may continue for a few years. The city may want to consider delaying the Orono Orchard Road project. Council Member Murphy noted that current bond rates are very favorable. The 2-year budget forecast that has been requested from Finance will be helpful in budget planning. • Council Member Murphy commented that there may have been another method to distribute the report on engineering costs. • Council requested a summary of costs for the Casco Point project and status of the related bond issue. 9. Miscellaneous • Staff requested consideration to exchange the Christmas Eve and New Year's Eve holiday hours. Council agreed that Christmas Eve would be a full day of holiday hours and New Year's Eve will be a half day of holiday hours. Page 3 of 4 Orono City Council Committee of the Whole November 10, 2009,6:15 p.m. Orono City Council Chambers o Planning for next year's calendar should include discussion about the schedule for work sessions. Consider changing days and/or times and dedicating one work session each month to reactive city business and the other work session to pro-active subjects. • Council Member McMillan suggested that Council consider an "open book" meeting process for property valuation reviews rather than the Local Board of Review for 2011. She indicated the one-on-one approach might have more value for the citizens. Council Member Murphy expressed concern with regard to changing the process and being able to stay well-informed about what is happening with property values in the city. • Gaffron noted that Brian Palmer has agreed to the program the city presented for purchase of the property on Lyman Avenue. • Gaffron also noted that Bob Barth from Bonestroo will be leaving his position. Barth has been working on the stormwater plan which is almost complete. Bonestroo will assign another staff member to finish the plan. • Updating the city logo was briefly discussed. Page 4 of 4 O MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: LIN VEE, CITY CLERK SUBJECT: CONSIDER ESTABLISHMENT OF ENVIRONMENTAL COMMISSION OR TASK FORCE—AMELIA KROEGER DATE: NOVEMBER 5, 2009 Amelia Kroeger, resident at 65 Stubbs Bay Road and former West Hennepin Recycling Commission Coordinator, will be attending the November 10, 2009 work session to share her vision and obtain Council's feedback regarding the concept of establishing some type of environmental commission or task force. Mike Gaffron From: Stephen Grittman [sgrittman@nacplanning.com] Sent: Friday, November 06, 2009 10:22 AM To: Mike Gaffron Subject: Comp Plan Adoption Attachments: Com Plan Draft Outline.doc Hi Mike- Attached is a very rough outline of a work program. It is rough in a couple of ways—first, it may be missing some pieces, so if you have thoughts about what might be missing, I' d appreciate the additions. Second, it is a little disjointed and non-linear as it is somewhat stream-of-consciousness, so it needs some attention to layout. i'm kind of focusing on three big issues on the land use/housing side: 1. Density/Housing Count/Affordable Housing in the MUSA 2. Hook-ups for existing unsewered units in the MUSA 3. Treatment of the Rural Residential areas at 2-5 du/acre Met Council's review letter addresses other items, but these seem to be the main general issues. Take a look at the attached material and let me know your reaction. We can figure out how to assign some hours once we have a scope that looks good. I would say that once you've arrived at the point where you're willing to accept that this has become a numbers game with Met Council, I think the scope of the issue is not as troublesome as it feels like it is. As I have been working through this and talking with some of my other staff,your unit count problem is actually going to end up being somewhere south of 300 units. Thanks—looking forward to working with you again. -sg Stephen W. Grittman Northwest Associated Consultants, Inc. 4800 Olson Memorial Highway, Suite 202 Golden Valley, MN 55422 763.231 .2555 s�c rittman@nacplanning.com I I 1 �� Orono 2030 Comprehensive Pian Plan Approval Issues I. Identify and Prioritize Potential Goals of City a. Plan Acceptance by Met Council with: i. MUSA question resolved — Density and Unit Counts per System Statement 1. Quantify unit count, affordable housing, and density issues 2. Factor 5% discount v. System Stmt projection 3. Factor HH v. DU discount 4. Other discounts? ii. MUSA existing large lots hooked up with or without offsets 1. Resubdivision options? 2. Density Transfer options? iii. Rural 2-5 acre zoning areas resolved 1. Oak Grove or Ham Lake exception possible? In this stage, all of the City's goals for the Plan need to be identified, and each discrete goal needs to be prioritized as to which ones the City Council believes are necessary to accomplish in the short term, and which ones (if any) might be longer term goals to pursue later. Do we want to succeed on every front right now? Do we want to get a Plan approved without addressing some (such as large-lot hookups and offsets), setting them aside for another forum? II. Identify Possible Locations for additional density assignment, MUSA or non- MUSA a. Expansion of existing higher density areas b. High intensity corridors, e.g. Wayzata Blvd. c. Properties abutting Long Lake d. Dumas property or others? e. Navarre area It would be valuable to examine each potential location, even particular properties, as to their ability to carry additional density, and sort each of these for factors relating to acceptability. The City may also factor into its strategy those properties that could carry additional density conceptually, but relatively unlikely do to redevelopment barriers, infrastructure availability, etc. III. Prioritize potential density locations a. Land use compatibility b. Compromises to other long-term goals c. Infrastructure availability d. Redevelopment issues e. Other factors # With each of the potentiai properties rated in this way, we can analyze how large the issue is. It would also be useful to consider certain properties at variable densities, e.g. Dumas property as 5 du/acre, or Dumas property at 8 du/acre, etc. A matrix of these parcels could be created for analysis. It is also important to consider properties that would require "redevelopment" or be classified as "mixed use". These categories are much more difficult for Met Council to attack later in their plat-monitoring role. The City may be able to assign density to certain redevelopment areas that (1) may in fact be very long-term redevelopment targets, and (2) may development more commercially, without the mixed-use component. This gives the City credit at the Plan-approval stage, but delays (and maybe even avoids) actual development. The impacts of this strategy would need to be quantified. IV. Other strategies to consider a. Tweak low-range density threshold slightly b. Consider zoning regulations to protect City goals in ways other than density Even a small adjustment on the lower-end density can shrink the number of units needed to meet the Met Council forecast, and in many cases, changing this number will not impact actual development style. For instance, changing a low range from 1.5 du/acre to 1.8 du/acre over 100 acres would result in a "capacity" of an additional 30 units — 10% of problem, and it may be that when applying the zoning later, this change has little impact on the actual development style. Another strategy would be to re-examine zoning regulations, such as building height, setbacks, buffering, etc. that could ramp up as density increases. These zoning rules would ensure that higher densities, if actually developed, would do so in ways that are less objectionable, and the regulations may in fact serve as economic barriers in the short term. V. Rural Residential a. Seek exception to Met Council policy— use examples where Met Council has accepted this approach due to prevalence of existing rural residential development b. Wait it out — hope that Met Council policy (or focus) changes c. Create an alternative transitional strategy — allows rural residential subdivision with an extensive "ghost platting" requirement d. Consider multiple use of rural residential areas without platting — CIC, PUD, "accessory" SF units on large parcels i Process A. Workshop meeting with Council for Goal discussion (could be smaller working group?) (NAC, Mike G., City Council) B. Identify optional strategies for each goal (NAC, Mike G.) C. Sort and prioritize strategies (NAC, Mike G.) D. Council workshop to select strategies (NAC, Mike G., City Council) E. Prep Plan revision summary report (NAC) F. Present Plan revision summary to Met Council staff for discussion and meet as necessary (NAC, Mike G, Council reps) G. Develop response to Met Council comments (NAC, Mike G.) I; � 0 MEMORANDUM I1-10-09 Work Session To: Mayor and City Council From: Mike Gaffron, Asst. City Administrator Date: November 4, 2009 Subject: Disposition of Tax Forfeit Lots at 1245 Arbor Street Attachments: A - Area Map B - Airphoto of Site C - Resolution No. 1798 (July 8, 1985) D - City letter to prior owner (February 4, 2005) E - Analysis of Excerpts from MS 462.357 Subd. 1 e Nonconformities, Parts (d) thru (j) F - Sketch of Site Buildability G - Hennepin County Taxpayer Services Info Packet Zoning District: RR-1B Single Family Rural Residential, 2 acre minimum - These lots are also in the Shoreland Overlay District Lot Dimension/Areas: East Parcel (abuts Arbor St/Minnetonka Ave): 100' x 140' (13,898 sf per HennCo) = 0.32 ac. West Parcel (abuts Briar St/Minnetonka Ave): 100' x 140' (13,734 sf per HennCo) =0.32 ac. Total area of both parcels = 0.64 acres Hennepin County has requested that the City determine the appropriate disposition for two tax- forfeit parcels located on Minnetonka Avenue between Arbor and Briar Streets. These are the parcels directly north across Minnetonka Avenue from former Mayor Peterson's residence. The westerly parcel has long been vacant but held in common ownership with the east parcel for many years. The easterly parcel contained a residence and a detached garage which have both been removed in recent years; the house as a result of a fire in 2004, the garage removed later by action of the City. Staff will confirm whether any outstanding assessments are due when responding to the County. The two tax forfeit parcels are each 100' in width and 140' in depth, each being comprised of two 50'wide lots. Homes in the Crystal Bay neighborhood are on lots ranging from 0.1 acre to 2+ acres in area. The minimum width and area requirements of the RR-1B District are 200' and 2.0 acres respectively. In 1985 when the City brought sewer to this neighborhood it was determined (Attachment C) that only one sewer unit would be assessed in total for these two parcels, recognizing the nonconformity of the commonly owned parcels relative to the current zoning. The zoning has not changed. Building a new residence on the property today, whether on one parcel or a combination of the two parcels, would require a lot area variance. Attachment D (February 2005 letter to prior owner) details the variety of zoning requirements that would have to be met in order to build on the property. 1245 Arbor Tax Forfeiture November 4,2009 Page 2 May 2009 revisions to the State Statutes re: nonconformities in the Shoreland suggest that these parcels may have to be considered as two separate building sites (Attachment E). However, as individual parcels each has severe zoning limitations, in part due to their location in the Shoreland District. Each would require lot area and setback variances, and potentially variances for hardcover (250-500' zone allows 30% HC, x 14,000 s.f. = 4,200 sf allowed Hardcover) and structural coverage (14,000 sf x 15% = 2100 s.f. allowed Structural Coverage). The Statutes limit hardcover to 25%, more restrictive than the City ordinance, which yields about 3,500 sf. This is likely adequate to construct a small home & garage of 2000 sf footprint with 1500 sf far driveways, sidewalks, decks, etc.; but nothing more than this modest size home. (see Attachment F) I will have Soren review the Statutes and advise as to whether we are required by law to grant the area, width and setback variances needed to construct homes on each parcel. I do not believe we would be obligated to approve lot coverage or hardcover variances. The question at this time is whether we should release this property to the County with a stipulation that it be sold as a single 0.64 acre building site; or as two 0.32 acre building sites; or as unbuildable land only available for purchase by an adjacent owner. Some factors to consider: ► It is not adjacent to a park, but is surrounded by homes, and would not be conducive to retain for City parkland or open space. ► It is not topographically situated so as to be useful for stormwater management, and does not contain any wetlands or other features we would specifically want to preserve. ► While the property had just one house on it in the past, placing two homes on it would not be totally out of character with the neighborhood, as long as those homes are not overbuilt for the site. ► But, the City has held firm on not allowing the Crystal Bay neighborhood to get denser, which is why we never changed the 2-acre zoning to match the typical 1/2-acre lot sizes in the neighborhood. ► This would be a neighborhood where we might expect to be able to create some affordable housing; however, the assessed land value for virtually identically shaped/sized lots across the street is $160,000 for just the 100x 140' lot. By the time a home is constructed on one of these parcels, the assessed land & building value would likely be in the high $200s or more. The current "affordability" level is in the low $200s. ► Neighborhood reaction to allowing both parcels to be built on would likely be negative. ► Another option to consider is to allow the parcels for sale only to an adjacent owner. There are homes on each of the two adjacent lots to the north, each of which is about 0.24 acres in area. These adjacent owners might be interested in acquiring the parcels as additional land. Council is asked to discuss the issue and provide as much direction to staff as possible. We must respond to Hennepin County on this by December 7. 1245 Arbor - Tax Forfeiture Discussion __ . ..� "�\�,� � � �� , ;- - - _ .. �\- ,, \, ��\�� ;��,� �� , ,�' �_ �' � ��. Parcel Information �,�, � \\\�� ,�\\\�� \\�� \�:\�\\�� `�,�j��`��.��`�� \� � ;, /\��\. 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A RESOLUTION DETERMINII�G THAT ONE SAIVITARY SEWER SERVICE WILL BE PROVIDED TO THE PROPERTY LOCATED AT 1245 ARBOR STREET RNOWN AS LOTS 12, 13, 14, AND 15, BLOCR 2, MAXWELL'S ADDITION TO CRYSTAL BAY WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Sewer Project 85-1 was initiated by the City to solve existing on-site sewage treatment problems in the Crystal Bay area, within which Lots 12 , 13, 14 , and 15 , Block 2 , Ma�aell ' s Addition to Crystal Bay, are located; and WHEREAS, the aforementioned Lots 12, 13 , 14 , and 15 are legally combined for tax purposes into two separate parcels , legally described as follows : PID #10-117-23 31 0072 (Lots 12 and 13 ) PID #10-117-23 31 0073 (Lots 14 and 15 ) ; and WHEREAS, said parcels are owned in common together, but not owned in common with any other abutting or nearby properties; and WHEREAS, all adjacent lots are occupied; and WHEREAS, Lots 12 , 13 , 14 , and 15 have historically and are now used as a single property; and WHEREAS, the existing house, well, and septic system and garage are all located on Lots 12 and 13 ; and WHEREAS, the total dry land area of the parcels is approximately 0 . 64 acres , as compared to the existing zoning regulations requiring 2 . 0 acres per buildable site; and WHEREAS, the owner of the property has been notified that one sewer service is intended to be provided to the property, and the owner has not requested that a second sewer service be provided ; and WHEREAS, construction of a single family residence on Lots 14 and 15 would be contrary to the intent of the Community Management Plan; and Page 1 of 2 „ ,, . � C��y of �1�,OI\TU � �j RESOLUTION OF THE C{TY COUNCIL r � � � � e.� , } N0. 1798 , - y * i �r�� ;r�� b '.� ' b..��e..iv...t�W.at.Yed�Jj��. WHEREAS, the property owner would not be denied a substantial property right if sewer is not provided to the parcel comprised of Lots 14 and 15 . • NOW, T�EREFORE, BE IT RESOLVED, by the City Counci 1 of the City of Orono, Minnesota, that the property at 1245 Arbor Street, comprised of Lots 12 , 13, 14 , and 15, Block 2 , Maxwell' s Addition to Crystal Bay, shall be provided with one sewer service to serve the existing residence on the property. FURTHER, BE IT RESOLVED, that the one sewer unit shall be assessed to parcel PID #10-117-23 31 0072, on which the structure is located; and FURTHER, BE IT RESOLVED, that PID #10-117-23 31 0073 is not considered as a buildable lot by and of itself under current zoning regulations , and shall not be served with sewer; and FURTHER, BE IT RESOLVED, that if PID #10-117-23 31 0073 is granted a variance and declared buildable by this or some future council, a connection charge in the amount equivalent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance; and � FURTHER, BE IT RESOLVED, that if PID #10-117-23 31 0073 at some future date becomes a buildable site as a result of a change in the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer unit assessment shall become due and payable upon application for a building permit. FURTHER, BE IT RESOLVED, should the zoning regulations change at some future time to allow additional building sites on this property, any additional buildable lots or sites created by such changes will be subject to another full unit assessment charge to be collected at the time a �uilding permit is issued . FURTHER, BE IT RESOLVED, that this document shall be filed in the chain of title of the affected parcels in order to serve as notice to potentialfuture owners of the property regarding the City' s position on sanitary sewer service. Failure to appear in the chain of title does not negate the findings and conclusions of this resolution. Adop ted by the City Council of the City of Orono on this 8th day of JulY , 1985 . � ATT�ST: / � i , _ � , , , _, . �i f ;' � J � '\ f- �'�t�eL=�'. C� _',� / , ;�=�"-�`-` r� \ �\�.( ' ;�.,.;� �,�,. \� % ” �, _ ,A DqYothy M. Hall_in, City Clerk hiary C. Butler, Mayor � ----- -____=�� O� � ;, �o o ,, ��, r : � � C ITY of ORONO � � !�v Municipal Offices ti ' �,�9 , :�G Street Address: Mailing Address: kE$H��. 2750 Kelley Parkway P.O. Box 66 �� ---�� " Orono, MN 55356 Crystal Bay, MN 55323-0066 February 4, 2005 Karen E. Bj erkeng 1245 Arbor Street Wayzata, MN 55391 RE: Retained Accessory Building and Re-Development of 1245 Arbor Street Dear Ms. Bjerkeng: As a follow up to the demolition perniit issued on January 20, 2005 the City would like to provide you with fiirther information on the future redevelopment of your property located at 1245 Arbor Street (PID #'s 10-117-23-31-0072 and 10-117-23-31-0073). A new survey will be required at the time of building pennit where the following information must be considered: 1. A lot area and lot width variance will be required in order to construct a new residence on the existing lot. This is because the property is located in a 2.0 acre zone requiring 200' of fronta�e on a public roadway, and this property is only 0.319 acres (0.634 acres if combined) and 100' in width. Staff would highly encourage the legal combination of PID #'s 10-117-23-31-0072 and 10-117-23- 31-0073 in an effort to create a more conforming lot area. 2. Accessory Building: Upon issuance of a demolition permit you were temporarily permitted to retain the existing accessory building. Because an accessory building cannot exist without a primary residence, you must undergo the variance process in order to permanently retain this structure. In order to allow you time to find an alternate storage location for the contents of the garage, and to allow you time to decide what you will do with the property, the City has established a May l, 2005 deadline for either removal of the existing accessory building or submittal of a variance application requesting to permanently retain the structure. Should you decide to undergo the variance process, a pre-application meeting with Planning Department staff should be set up prior to the May l, 2005 deadline. Staff would highly discourage seeking variance approval to keep the garage, based on past history of City Council denials of such requests, although your options can be discussed during your pre-application meeting. 3. If you intend to legally combine lots 10-117-23-31-0072 and 10-117-23-31-0073 a conditional use permit (CUP) must be approved for all accessory buildin�s unless they meet principal building setbacks (outlined in#4 of this letter). A CUP Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us is required by Code because of the right-of-way frontaQes on both ends of the lot, which by definition make it a "through lot". 4. Any development of this lot is subject to the current principal buildin� setback and accessory buildinj setback requirements established in the Zoning Ordinancc. Principal buildin� setbacks consist of a 50' setback along the west, south and east frontages of the lot. You a required to maintain a 30' setback along your interior side yard (north lot line). These setbacks apply in the same manner if you coinbine both lots. I've enclosed the accessory buildin� setback requirements for your review. Most importantly, all accessory buildings inust be located further from the street lot line than the principal structure. Should the setback standards not be attainable, variance approval would be required. 5. All properties located within 1,000 feet of a desianated water body are located in the Shoreland Overlay District and subject to hardcover restrictions. This property is most likely within the 250'-500' and 500'-1,000' lake setback zones as measured from French Lake and Lake Miiuletonlca. A hardcover percentage of 30% is pei-mitted in the 250'-500' zone and 35% in the 500'-1,000' zone. A survey will be required in order to construct a new residence on this existing lot. The survey should indicate the location of the hardcover zones and hardcover calculation worksheets must be completed. 6. All properties in Orono less than 1.99 acres in lot area are subject to a structural coverage liinitation of 15% of the lot area. Enclosed is City Code Section 78- 1403 outlining what is considered structural coverage. Assuming the lots are combined, the property is 0.634 acres in area yielding a permitted lot coverage by structures amount of 4,143 s.f., pending conformance with the hardcover restrictions outlined in �5 of this letter. Should the lots not be combined the pernlitted amount of structure on each parcel would be approximately half of 4,143 s.f. If you decide against rebuilding and sell the lot, the existing garage must be removed and all other above inforniation would apply to a new owner. I've enclosed all relevant Zoning Code Ordinances for your review. Should you have any questions re�arding the information contained in this letter, I can be reached at 952-249-4623. Thank you. Sincerely, City of Orono C��(xtc�,c�ti- d��.Itil,l,C Janice Gundlach City Planner cc. Mike Gaffron,Planning Director Lyle Oman, Building Official Bruce Vana,Building Inspector (�� Notes re: Hennepin County Request re 1245 Arbor Street Two tax parcels: 10-117-23 31 0072 10-117-23 31 0073 (abuts Arbor St.) (abuts Briar St.) Lot areas per HC: 13,898 s.f. 13,734 s.f. Lot widths per plat: 100 feet 100 feet Both lots are Shoreland, being less than 1000 feet from French Lake. Both lots are non-riparian. French Lake is a Natural Environment Lake: Minimum required individual lot dimensions, sewered, per DNR Rules 6120.3300, Subpart 2a(D): Area: 20,000 s.f. Width: 125 feet Per recent revision to Minnesota Statutes 462357, Subd. le. Nonconformities, Parts (d) thru (j): (d)Paragraphs (d) to (j) a��ly to shoreland lots of record in the office of the county recorder on the date of adoption of local shoreland controls that do not meet the requirements for lot size or lot width. A municipality shall re�ulate the use of nonconformin� lots of record and the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in shoreland areas accordin� para�phs�d) to (j� (e) A nonconformin sg�'in�le lot of record located within a shoreland area may be allowed as a buildin� site without variances from lot size requirements, provided that: (1) all structure and septic svstem setback distance requirements can be met; �2) a Type 1 sewa�e treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and (3) the impervious surface covera�e does not exceed 25 percent of the lot. ( In a roup of two or more conti�uous lots of record under a common ownershi� an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the followin� requirements: �1) the lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; 0.66 x 20,000 = 13,200 s.f. both lots meet this 0.66 x 125 = 82.5 feet both lots meet this (2) the lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls; Sewer is available but not assessed for the second lot (see Resol. No. 1798); a sewer connection charge of$17,540 would be required (2009 Fee Schedule) (3 impervious surface covera�e must not exceed 25 percent of each lot; and this is more restrictive than our ordinance which would allow 30-35% in 250-500' and 500-1000' zones respectively; 25% of 13,734 sf=3,434 s.f. which would allow for a 2000 s.f home/garage footprint and 1434 sf of driveway, sidewalks, decks, etc. which is likely feasible / o�' Z �4) develo�ment of the lot must be consistent with an adopted comprehensive plan. this is questionable - the Comp Plan guides this area for 2-acre minimum lot size, but it also does allow residential use... (g) A lot sub'ec� t to�aragraph (f1 not meetin th�e requirements of para�raph (� must be combined with the one or more conti�uous lots so they equal one or more conformin� lots as much as�ossible. seems to meet a114 points of(f� except Comp Plan (interpretation needed) �h)Notwithstanding para�raph(fl, contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwellin� at the time the lots came under common ownership and the lots are suitable for, or served bv, a sewa�e treatment system consistent with the requirements of section 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer. back lot to our knowledge has never contained a residence �i) In evaluatin� all variances, zoning and buildin�permit applications, or conditional use requests the zoning authority shall require the property owner to address, when appro�riate storm water runoff mana�ement, reducing impervious surfaces, increasin� setback restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. These would be addressed at the time of building permit (j) A portion of a conformin log t mav be separated from an existin�parcel as lon� as the remainder of the existing parcel meets the lot size and sewa�e treatment requirements of the zonin� district for a new lot and the newly created parcel is combined with an ad'a� cent parcel. Not applicable � � Z o�t � _!� ��__!_� l� � l_�_._ � 1___i __ � � __� � �. . � � - - .. � �� 4� � � � i _ � o � , � - _� �5 � � c� M — M __ 0�� . - �� , nn — — _ .. ; I , ,� ,,�-- �� Q __ __ ►, _ ",i �J o , ,_ � o - - - - N � � � H � I � �1 s o . _ - --- � _ r- a � I�--�_i �1� � � �. ,. _�_ �� -- � .. u � _ .�; � � � � - -_. _ � _ � �� .., o � � ```� � � N � _ �� N 1-- � + + - � � �x � � -� � _-- — o , � � e e� �, � � � � � � � � ; � -- ,, __�_ . � � - ° _ �� > _. •� ,z;, � „ -- -L � � �' � �, `,'^--��,� b., � - Q �.,.. �� ` t �. - � s �-� . �� -- _�_ _ � � � _---. _ ..__, . . �. � _ , . _. - � — � � � -- Q �_—� � o �___,__ �___ � �� , � � _ � _ �� _ _ 2 p � -� - _ 1 ' � ;� '� 2 � � 2 �i �o � _ �`��, � o - y o _� --� �n _ � `�- o � �. �,n � � � � � � � a � s� - � - _ _�. , �' �, �' W k�j , � � I - - i � - � � - �-i- - � � P„ � � - - _� - - � -�-.� --- _ _ 1 __ _ __ �� _ �� _, o _ --;- - - `.. � _ - - � �� . _ � - - -�1-�' �; ; . - :I' - !,(' � . � ; _ , - � .. i� . . _ ,._y. _ ' ;� . , . . � . f. � . �i F. .. . . . - _-'_"_____" '_-_' � __-'_- -_ -_"-_-_- �.i I I 9, ` � ' �_, � I( I� Hennepin CountyTaxpayer Services _ . � A-600 Government Center www.hennepin.us Minneapolis MN 55487-0060 October 5, 2009 BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED LIN VEE CITY CLERK CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 RE: Conservation/Non-Conservation Classification List#1493 C/NC The lands as described on Conservation/Non-Conservation Classification List# 1493 C/NC, were classified as either conservation lands or non-conservation lands, as is appropriate, by the County Auditor's Administrative Review Board. Enclosed is a copy of County Auditor's Directive No. 2009-34 providing for the classification of the lands, under authority granted in accordance to Minnesota Statute 282.135 by the Board of Hennepin County Commissioners. As required under M.S. 282.01, the department requests that your city officials review Conservation/Non-Conservation List # 1493 C/NC. When municipal review has been completed, the department will require a certified copy of a municipal resolution that resolves and approves parcels for public auction, for auction to adjacent owners, or requests public use conveyance or nonpublic sale to your city. See enclosed Exhibit A, an outline for suggested points that should be covered in your municipal resolution. P/ease be advised that the sa/e of the lands shal/be deemed to be approved pursuant to M.S. 282.01, Subd. 1, if the city council fails to respond to this classification notice within sixty(60)days of receipt of certified mail. The deadline for responding wi/l be December 7, 2009. Please contact Terry Schuhler, Property Tax Services unit leader, at (612)596-6527(voice mail), should you need further assistance or clarification. Sincerely, Jill L. Alverson, Director Taxpayer Services Department � Jeffrey L. Strand, Supervisor Tax-Forfeit and Property Revenue Section JLA:JLS:tIs Enclosures An Equal Oppartunity Employer Recyded Paper EXHIBIT A Outline of Suggested Points to Cover in a Governmental Subdivision Resolution for Tax-Forfeited Lands ■ Municipal officials should approve the classification as Conservation and/or Non-Conservation land. The parcels should be formally recommended for public auction approval, for adjacent owner auction approval if Minnesota Statutes, section 282.01, Subd. 7a for unbuildable vacant lots is applicable, or for requesting a conveyance for an authorized public use to your governmental subdivision, or for requesting a nonpublic sale to your governmental subdivision. ■ Upon receipt of a written application from a city or a governmental subdivision within 60 days of the classification by the county, a parcel may be withheld from auction for a time period not to exceed six months, in accordance with Minnesota Statues, section 282.01, Subd. 1. A city or governmental subdivision must pay maintenance costs incurred by the county during the six-month period during which the land is withheld from auction, provided the property is not offered for public sale after the end of the six-month period. The written application should be in the form of a municipal resolution requesting acquisition and the reason for the six- month hold. ■ In accordance with M.S. 282.01, Subd. lb, procedures on targeted neighborhood lands were made uniform and consistent throughout the state. Effective for deeds issued on or after August 1, 2001 the recommendation of the County Board is required for applications for conveyance of targeted neighborhood tax-forfeited lands to be acquired for redevelopment as productive taxable property. Further, deeds of conveyance issued under paragraph (a) of Minnesota Statutes, section 282.01, Subd. lb. are not conditioned on continued use of the property as stated in the application. ■ Each parcel should be verified as to the amount and type of special assessments shown as certified to the county before forfeiture. These special assessments were canceled at forfeiture by operation of law. A percentage of the amount of the cancelled special assessments will be paid from any tax-forfeited land sales proceeds. Should any portion remain unpaid municipalities have the ability to reassess the unpaid balance against the properiy, as provided by Minnesota Statutes, section 429.071. However, please keep in mind that the t�-forfeiture process serves as a "cleansing" process to effectuate return of properties to productive taxpaying status. ■ The amount and type of special assessments levied after the forfeiture should be certified to this office. These "new certified" special assessments are added to the minimum bid appraised value used in the auction. The "new certified" special assessments are to be paid from any taa�-forfeited land sales proceeds. ■ Each parcel should be reviewed for special status, such as public waterfront, wetland, peat lands and marketable timber resource issues, or any potential public nuisance or special zoning conditions or restrictions. The statutory citations are shown in County Auditor's Directive No. 2009-34, a copy of which is enclosed. Any information supplied by the municipalities may be helpful in the successful disposition of the lands. -OVER- We ask your assistance in determining if any parcels on List # 1493 C/NC have wells. If any of the parcels on the list have wells, please request a Minnesota Department of Health Well Disclosure Certificate from this department. As noted above, please provide available information about parcels such as zoning, known soil conditions, known environmental contamination, or special municipal restrictions. Such information may assist the county in managing and marketing the properties in order to facilitate its return to a t� productive status. If you request conveyance to your govemmental subdivision, please submit a properly completed form PT962.RAR,titled, "Application bv a Governmental Subdivision for Convevance of T� Forfeited Lands for an Authorized Public Use" for each parcel requested. Minnesota Department of Revenue requires form PT962.RAR. It must be executed and notarized by authorized persons and the document should be on legal size paper. Please call Properiy Tax Services Unit at(612) 348-3734 if you need more blank forms, or it is located on the Department of Revenue website at the following address: http://www.taxes.state.mn.us/proptax/propinfo/stdeedlstatedeed.htm . Conveyance to a governmental subdivision for a public purpose is subject to the recommendation of the County Board. The Hennepin County Board's Tax-Forfeited Land Policy, Resolution No. 82-8-612, requires that a specific public purpose be identified in the request. A copy of the resolution is enclosed. In our experience,the Mirulesota Department of Revenue discourages use of the generic phrase "public purposes" on the requests for state deeds. Rather, the specific public purpose that has been identified for the lands should be stated on the municipal application. "Open Space" alone is not acceptable to the Department of Revenue. 1493 Conservation/Non-Conservation List Property ID Number Target Previous Owner Special Property Address Area Date of Judgment Land Value Market Assessments Legal Tenants Property Type CMC Yes/No Date of Forfeiture Buildine Value Value Before Forfeiture Description Vacant (as of 10/OS/09) (38) City of Orono 10 117 23 31 0072 No JOHN M BOLDINGH 160,000 160,000 6,344.67 Vacant Land 1245 ARBOR ST 04/17/06 Non-Conservation 07/23/09 LOTS 12 AND 13 BLOCK 002 "MAXWELL'S ADDITION" TO CRYSTAL BAY, LAKE MINNETONKA 10 117 23 31 0073 No KAREN E B7ERKENG 136,000 136,000 0.00 Vacant Land 1245 ARBOR ST 04/17/06 Non-Conservation 07/23l09. LOTS 14 AND 15 BLOCK 002 "MAXWELL'S ADDITION"TO CRYSTAL BAY, LAKE MINNETONKA 16 . �I Office of the County Auditor No. 2009-34 County of Hennepin State of Minnesota COUNTY AUDITOR'S DIRECTIVE (Classification of Tax-Forfeited Land) To all persons interested in the lands hereinafter described: Whereas, pursuant to legal authority as provided under Minnesota Statutes, Section 282.135, Jill L. Alverson, the Director of Taxpayer Services Department, acting in the capacity of County Auditor-Treasurer, had the matter hereinafter described come before Deputy County Auditor Jeffrey L. Strand, Administrative Supervisor, and Deputy County Auditor Scott Loomer, Property Tax Manager, for administrative review; and Whereas, pursuant to the application or request for change of status of tax- forFeited land described more fully below, tlie undersigned Deputy County Auditor finds as follows: 1. That the Hennepin County Auditor hereby certifies the Conservation or Non-Conservation status and authorizes the public sale of the Non- Conservation classified parcel of land on Conservation/Non-Conservation Classification List 1493 C/NC, on file with the Hennepin County Auditor. 2. Further, except where Conservation classification status is noted on said list, the Hennepin County Auditor certifies that the parcel therein has been viewed and complies with the provisions of Minnesota Statutes, Sections 85.012; 92.461; 282.01, Subd. 8; 282.018, Subd. 1; and 282.018, Subd. 2, and other statutes that require the withholding of tax-forFeited land from sale; and that the Hennepin County Auditor hereby requests approval, where appropriate and necessary, from the Minnesota Department of Natural Resources for the sale of tax-forfeited land listed on Conservation/Non- Conservation Classification List 1493 C/NC. ]ill L. Alverson, County Auditor � ' i � �� October 2, 2009 // )e ey L. Strand, Deputy ✓ (OFFICIAL SEAL) � �'� �_�� +� � �,� ��^ - � � �� ,t f � • `il .r,� � f; i � ��::. 4ii. •.9:ti ,4`�:.vir'..-�v`f� �. �. .r'�l'ki.�:ll� � . - oo�� h�;OLU�TI[)hl f�U. . B�-.8-61.� The follo�ding 1��50� Utloh t�as � (�et�ed by �Curn�r�issior�er Johnson ,_ ; econded _ by ComniisSioher .Kre�.iier ; - , IJNEftEks , n�iinei'olis t-ecjues t; are �.�ec�i v�d �o�� sa l e or conveyahce o r Lax f orfe i ted l zncl to mur�i ci pal i ti es and other .governmen��l subdivi si on.s of the . � State ; � � - �E iI �E5�L5'�D f�fiat i � is tr�e qeneral � po�li�y orr the- Elennepin Coun�y G�ard to encour-age the ratWrn � r tax for�eited lands within the �ounty to private o4rnershiP and the tax rc71s , provided t��at go��ernmental sub�ivisiens ' �rp hot discouraged from acquiring l.ands to �e used f��r conse�vationT reci-eati or, or o�her pitrpos es .as detai l ed i n thi s reso�uti on . �E rT .RESOLVED th�t tax forfei ted 1 and 4�i11 be �onveyed to goVernrnen�al �ubdiVisions W7th�u� monetat�y consid"er�atibn if: 1� � TI�� l �nd ,7s ,to be used. for� p�1�k� , We�lands , flood cQhti-ol ,� trail��aj>> , ` �per� �4��c�; �tre�ts , rb�d� , rlolits c�f rray and _publi � acces� , or � F th� 1ah� �S v�lUed �t .the receipt �r applic� tion. at $1_ ,000 or less. per ' p� r�el �t c,lt"��nt va�Ues � or an �qUiVa� en� Yalue 2s ..indEked .at ten per��rit p�r annum h�r�eaFte�s regardl �ss o� public u�d o�� put-pos.e , and � � , BE IT aESOLVEb , that p,cept as otliervrise provi�ded in thls resolution , fax ' ' ��r�ei �ed land wi Il noz be �onveyed to gov�rnmenfal subdivisions unTess fhe cu��rent app�-aised value is paid , and .. gt IT RESOLVED tha� an appl i ca.tion shal l. be. requ�i r-e.d to reques� a c�hVe�tanc�- 4�7 tho�st payment br 3 �� 1 �. ahd -'the �p�l� cat�on sh�11 'ba �ccomp�r�i ed by a .�-esfll U t1 or� � bf� tF�e g�iVef=lli ng bo�ly 5 p��i fyi i��`i�' the� pub l i c purpo�� or �ntend�d G�u6l i c use�.fbr Vil1i-ch th� t�k fbi��t�d 7ahd is being- a�cuired . An appli�ation �ti�i11 not be �on�idered unless received at ieast ten �lays prior� �o the fit�t publication �of �h� hotice b..f pubiTc �ale of ttie subject property, and . � �E I7 RE50LVED` t}i�t the acquisit; on Df- �dY fo�-fe�.t.ed land by a governmen�al subdivision (ex�ei�� Nousing and Redevel-�prl�ei�t Au�horit; es and othet� govel�t�rnental ; sUbdivi sions ot �I�e s t�t�, exp.ressly a�uthori Led' by 1 ai�� tb resel l , 1 ease oi� trar�sfer p.rop�rty) for resal �, shall nc:t be approved by tF�e �oard . - � , ti� 17 RESDLVED that the p�Urchase pri�e be p�i d over a three-year peri od � � co�nmen�ing �n da1e .of sale if. the gove"nrnenfial su�division has �ud�e� or levy liinit�iEi�ns �liat d� hoL pet-ri�it cash purciizse . ] n.�eres� sl�all 6e �ayable' at the rate prescribed b� lar� tor 5ales to the pu.bl � c oF �imilar propei-ty , ahd , QE IT R�SOL�'ED tl��t ni�l�iicip�7ities a�-e ur.ged �o judi.�iously ,exercise tlleir . . 7egitimate righ�s of dis�ppr�val of $nle and class� fication �� fa�: forfei�ted . lahd i�n the conteyt of �his resolutiQn-, and � �� , , ,n � n ��5�� `esol ciL.io-n Ka . 8�2-=8—fi1�. Con�i nued . " " hage 2 - - . . - . . ` ` " L'E 1T rCSDL1�E.D that j�Ul-�uant fo ��thor{ ty of �iinnesota Stattites , Se�t�ioh Z�Z. 03 this tioard will impose reason�bl e conditions on. sales to �he puhli � ' to l imi t the u5 e o f the parce,l s ;01 d an d to. l i m1 t amourtt of publ i c expendl�,turR;� � tha-t may- be m�ad� fof- the �fenef{ t of thE bar�els when sucF, actiori wil i encour�ge muni �ipal approv�l of �aie , and . GE IT ,RESOLVCO" t�fiat if appl ic�tions are concurrerrtly f� l ed by a gove�rnmenfai subdivision �nd a` repurch�s �r 'to pur�ha;e and repurciiase re� pectively �he same �� {�aK forfeited lat�d ,. �he Co�i.nty Board �vi 11 �onsider; ' 1 . The puol ic 1 nte�est to be ser.ved by a�quisition by the governmdntal ' � 5U�d1V151Dh , 2 . Tlie p�blic 7hEerest to b� se.rve�l by .re,��ir�hase . � , 3. The {�ardsF,ip to b� s�� ffered by the t-epurchaser � r the ;eput-cha�e. a.ppli �atjbi� is' nol approved_ � 4 . ihe �it-cumstan�e5 relating to forf�iture . � _ r aE IT R�SOLVED tha� on � showing of unc��ual circumstances er nardshlp �he Doard �f Commissioners may , by specific .resolution, approve a variance of thesa }�rovisiohs . � � J BE IT RESOLVED that Resolution No , �1-�3-125 is hereby res�inded . �ommissioner Kremer. of.�ered �� rriendlj� amendm�nt. to the second resol.vinc �clause., the secor�d parag�raph , Fo insert the word� "ii�arket" b� tween "�urre;,�" J � �l{� ��Vd� L�S'� ahd r3$�2r �-'�� WbrdS "at LEII �1eI'C°Tl�� t0 strike "per anhurn fl�I'�aftEi'�� ancl insert �herefor "Janua,ry Ist annual ly. " Commiss�oner Jphnson a��epted �_he r�ieridly amendrn�nt and no .obje�tio;�� is�e;� i�oiced :, � � . Caminissioher Krenier moved to add the following sentpnce tio tfie f�ur�h ' I-eso} ving Ciause: tach applica�ion ard RDA 7nvolvZng a parcel s:�ith a marke'� • .-v�iue in excess � f �1 ,D00 shall in�lude tlie fo�lo.x�ing ; the acreage ot the , p�-o.j�erty � cUrrefit zonirig; Cu�l-rent use. �nd waterfront , if atiy . ThF m� t,�on � , � ��as seconded by Commi ss i.ohe 1` 'Robb �nd z ppro>�ed unanimousl �� . - ' i,ommissioner �obb offered a fi-iend7y ame:ndment to �he first line of the ��oh� I-esol Ving cl ause , � ft�r thp word "conv�eyed" to add the words "for publ ic - tisp or purpose , '' Commissibner Joh�nsan ac�epted th� friehdly amendment�.and no objecti=ons 1�ere voiced , � � The question was on tiie adoption of .the resolution, aS am2nd.ed-y and Lhere 1�fere Seven ` Y�(�,S and no 1�AY5� as fo.11o��rs : COIJ1dT1` b� N-CNP��11� , � _ bO��RD OF COUNTY COFII�I�55I�ONERS Y�,� fyF1Y - OTt�ER � Jefr Spai-tz � � }; Ran�y Ja?�nsoil � < � . ' Rici,�rd. E. Kreinei� . X � � �. F_ Rob� i �r. y, S Sarn � _ Si��ani �l� k Nan�y Ol �on . ): � � John E. Derus., Chairman X RE�OLUi t�l� ��DC�bT'�D , � MEMORANDUM To: Mayor& Council � � . From: Mike Gaffron, Asst. City Admin. - Long Term Strategy y�; y � Date: November 9, 2009 �`� � Subject: Lurton Park Dedication At a recent meeting Council indicated that we should proceed with a formal dedication of Lurton Park. Attached far your review is an (unsigned) copy of the "Post Closing Agreement" between the donor and the City, including Restrictive Covenants that pertain to the property. Staff is looking for additional discussion& direction as to what sort of an event you wish the dedication to be, when you wish to have it, etc. � ' � POST CLOSING AGREEMENT THIS AGREEMENT, entered into this 29th day of December, 2000 by and between H. William Lurton ("Donor") and the City of Orono ("City"). RECITALS: A. The Donor has donated the property to the City located in Hennepin County, Minnesota legally described in Exhibit A hereto ("the Property"). B. The Donor and the City have reached certain agreements and understandings regarding the Property and its transfer to the City, which they wish to express in this Post Closing Agreement. IT IS AGREED: 1) Declaration. Immediately after recording of the conveyance of the Property to the City, the City shall cause a Declaration of Restrictive Covenants in the form attached hereto as Exhibit B ("the Declaration") to executed and recorded. The conveyance to the City and the Declaration shall be recorded sequentially(first, the conveyance, and secondly the Declaration). The City shall promptly prepare and provide a plan to the Donor to provide the improvements to the property that are consistent with the Restrictions provided in the Declaration. 2) MnDOT Property. The parties understand that a portion of the donated property, the approximate configuration of which is reflected in Exhibit C, is to be acquired by the Minnesota Department of Transportation ("MnDOT"). 3) Possession of MnDOT Property. The Donor may retain possession of the portion of the Property reflected in Exhibit C until possession thereof is transferred to MnDOT ("the MnDOT Property"), and may use such property far any lawful purposes in conformity with now existing applicable city codes and ordinances. The City shall have no obligation to maintain the improvements on the MnDOT Property so long as possession is retained by the Donor. If the Donor wishes to vacate the MnDOT Property prior to the transfer of possession to MnDOT, it shall notify the City,which shall then accept possession of the MnDOT Property. 4) Sale Proceeds from MnDOT. Proceeds from the sale of the MnDOT Property to MnDOT shall be paid to the City and placed by the City into a segregated fund. The principal amount of the fund shall be preserved for at least twenty(20) years. The principal, and income derived from the fund, shall be used exclusively for the maintenance and improvement of the Property and adjacent public property. 5) Opening of Park. The City will not open the park contemplated by the Declaration until such time as possession of the MnDOT Property is transferred to MnDOT HC26DS4/4715/26539378.v1 12/29/2000 6) Name of Park. The park contemplated by the Declaration (Exhibit B) shall be named. The name of the park shall be subject to the prior written approval of the Donor. H. William Lurton "Donor" City of Orono By Ronal J. Moorse City Administrator "City" HC26DS4/4715/26539378.v1 12/29/2000 2 EXHIBIT A LEGAL DESCRIPTION The Northwest 1/4 of the Northeast 1 4, EXCEPT the Railroad right of way; and that part of the Northeast 1/4 of the Northwest 1 4 described as follows: Beginning at a point 2.5 chains South of the Northeast comer thereof; thence West 2.6 chai.ns, thence South 3 degrees East to the present railroad right of way; thence Southeasterly along the North side of said right of way to the East line of said Northeast 1/4 of the Northwest 1/4; thence North to the point of beginning, all in Section 32, Township 118 North, Range 23 West of the Sth Principal Mendian, Hennepin County. � � i , I � � DECLARATION OF RESTRICTIVE COVENANTS City of Orono, a municipal corporation and political subdivision of the State of Minnesota("Declarant"), effective on the day of , 2001, hereby declares as follows: RECITALS A. Declarant is the fee simple absolute owner of that certain real property in Hennepin County, Minnesota legally described in Exhibit A hereto (the "Property"). B. Declarant desires to subject the future use of the Property to the restrictions and limitations set forth in this Declaration. DECLARATIONS NOW, THEREFORE, in consideration of the foregoing recitals, the restrictions set forth herein, and other good and valuable consideration, the receipt, sufficiency and fairness of which is hereby acknowledged, Declarant does hereby declare as follows: 1. Restrictions. All persons and entities having an interest in the Property, including Declarant, of any kind or nature, whether legal, equitable or otherwise, and including without limitation all lessees, occupants, and secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of the Property, covenant and agree that the ownership, use, occupancy, operation, alienation and conveyance of and their interests in the Property shall be subject to the following restrictions: a. The Property shall be preserved and used only as a natural, passive, environmental park. b. The Declarant shall provide improvements consistent with the use of the Property provided in 1(a) above, which may include a picnic area in the open area of the property, hiking trails, and a parking lot. c. No hunting shall be allowed on the Property. d. No ballfields shall be allowed on the Property. 2. Binding Effect. This Declaration shall run with the Property and be a servitude thereon, and shall be binding upon all persons claiming any right or interest in or to the Property, and their heirs, assigns and successors-in-interest. 3. Anticipated Acquisition bv the Minnesota Department of Transportation. It is understood that a portion of the Property may be acquired by the Minnesota Department of Transportation ("MnDOT"). The covenants herein reflected shall not be binding or applicable to HC26DS4/471 5/26539397.v1 12282000 EXHIBIT � i I � i � the portion of the property acquired by MnDOT so long as it retains the ownership of the property and continues to use it for highway purposes. 4. Enforcement. The Minnesota Land Trust, or any resident of the City of Orono shall have the right to enforce the restrictions imposed by this Declaration. Enforcement of this Declaration shall be by proceedings at law or in equity against any person or entity violating or attempting to violate any covenant, restriction or provisions set forth herein, either to restrain such violation or to recover damages. With respect to any measures or action, legal, administrative, or otherwise, taken to enforce the provisions of this Declazation, whether or not finally determined by a court or arbitrator,the party violating this Declaration, shall pay to the pariy seeking enforcement of this Declaration any and all reasonable expenses incurred in connection with such enforcement, including without limitation reasonable attorneys' fees; except that under no circumstances shall the Declarant be obligated to pay such expenses. 5. Governing Law. This Declaration shall be governed and construed under the laws of the State of Minnesota. CITY OF ORONO By Mayor By Ronald J. Moorse Its City Administrator STATE OF MINNESOTA } ) ss. COUNTY OF HENNEPIN ) The foregoing instiument was acknowledged before me this day of , 20_, by Mayor of the City of Orono, and Ronald J. Moorse,the City Administrator of City of Orono, a municipal corporation and political subdivision of the State of Minnesota, on behalf of the municipal corporation. Notary Public HC26DS4/4715/26539397.v1 12l28R000 ' 2 - I THIS INSTRUMENT IS DRAFTED BY: HINSHAW & CULBERTSON (RAV� 3100 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 (612) 333-3434 HC26DS4/4715/26539397.v1 1?l28/2000 ' 3 ' i � E7��BIT A LEGAL DESCRIPTION The Northwest 1/4 of the Northeast 1 4, ExCEPT the Railroad right of way; and that part of the Northeast 1/4 of the Northwest 1/4 described as follows: Beginning at a point 2.5 chain.s South of the Northeast corner thereof; thence West 2.6 chai.ns, thence South 3 de�rees East to the present railroad n�t of way; thence Southeasterly along the North side of said right of way � to the East line of sai Northeast 1/4 of the Northwest 1/4;thence North to the point of beginning, all in Section 32,Township 118 North,Range 23 West of the Sth Principal Mendian, Hennepin County. , � . 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"` ��,,..--'"�'•, ., � , ' , �.,�� .fl•, a •,�•.._..,: �, -; '-_`a��-:/� is. ' �_ �r, , o . T.t .. •`' ^ � � f• . t,_ .. a `-- ,` 's-: •• •'%�-•` � i�1. ^ _ --� � . r,,,..� ...:_ .�.•„• _�:,�`�,,, r ';� `� ( ' .:.. � .o "f L:, .. .� _ ;�� .�., ,� . ,. ✓ .. � �`?;;,5ir''°=�•� _ . .�" . ' - . , . `�' ��_ � ��' � t.f � . .;��;�� .':: � �' �'=� ;� +�,,. `� -, ' :::�;�`t:::�j�• • � i ; . s:� . C �_ --:',:' �� r _ ,.,.�•- " . /� '` 4• ` �,Y•, '��'.�...�'� J 1`,4 jl.�—�..^_ A l�:� �� ' . ' p '_' �� -`'',-�-.^�;. •s �ri. p t � 1 ':, �. - �. .� ,:�. . ,. ,, ' _:��; � = 't ��:,��"�}..,_.�..=.:-_f,��. ,r' \\ EXHIBIT C � `':,;�,�o' ti �=1 �--- � � •Q � , ! �� . t �,, .. AMENDMENT TO POST CLOSING AGREEMENT '�- THIS AMENDMENT is entered into this �� day of October, 2005 by and between H. William Lurton ("Donor") and the City of Orono ("City"). RECITALS: Donor donated certain real property legally described on Exhibit A hereto (the "Property") to the City. Pursuant to that certain Post Closin� Agreement dated December 29, 2000 (the "Post Closing Agreement"), Donor and the City reached certain agreements and understandin�s regardin� the Property. The City has requested and the Donor is agreeable to amendin� the Post Closin� A�reement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowled�ed, the parties aaree as follows: 1. Sales Proceeds from MnDOT. Section 4 of the Post Closing Agreement is hereby amended to provide that the City is permitted to use the proceeds from the sale of the MnDOT Property as described in the Post Closin� AQreement ("MnDOT Proceeds") for the purchase of approximately fifty-six (56) acres of real property located on Bi� Island in Lake Minnetonka, which was previously the site of the Veteran's Camp and the Big Island Amusement Park (the `Bi� Island Property"). 2. Maintenance of the Propertv. Notwithstanding the Donor's a�reement set forth in Section 1 above, the City hereby confirms its aareement to maintain the Property and all adjacent property owned by the City, pursuant to the provisions set forth on Exhibit B attached to this Amendment. 3. No Further Amendment. In the event the City does not complete the purchase of the BiQ Island Property, the City must return the Allocated MnDOT Proceeds to the se�regated fund described in the Post Closing Aareement and retain such proceeds pursuant to the requirements of Section 4 of the Post Closin� AQreement. 4. Confirmation. Except as set forth herein, the parties hereby ratify and confirm the terms of the Post Closina A�reement. Doc#1986213� IN AGREEMENT, the parties have entered into this Amendment as of the date and year first above written. �� H. William Lurton "Donor" City of Orono B ;�� ,� � �..�_ Y � Ronald J. orse City Administrator "City" 2 Doc#1986213�3 E�IT A LEGAL DESCRIPTION The Northwest 1/4 of the Northeast 1 4,EXCEPT the Railroad right of way; and that part of the Northeast 1/4 of the Northwest 1/4 described as follows: Beg�nn�ng at a poinf 2.5 chains South of the Northeast corner thereof;thence West 2.6 chains, thence South 3 de�rees East to the present railroad nght of way;thence Southeasterly along the North side of said nght of way - to the East li.ne of said Northeast 1/4 of the Northwest 1/4; thence North to the point of beginning, all in Section 32,Township 118 North,Range 23 West of the Sth Principal Mend.ian, Hennepin County. EXHIBIT B Maintenance Standards for the Pronertv • The Property will be maintained in its current condition, with the possible addition of trails and a small parking area. Such addition and parking area will be subject to Donor's review and approval. • The Property will be maintained in its current high quality natural state, including protection and preservation of current natural vegetation, continuation of the historical agricultural use (unless replaced with native vegetation), the prevention and removal of noxious weeds. � Doc#1986213\3 � MEMORANDUM 11-70-09 Work Session To: Mayor and City Council � �. From: Mike Gaffron, Asst. City Administrator ; � � �'4 Date: November 4, 2009 Subject: Planning Commission Membership & Size Attachments: A - PC Current Tenures Table B - Draft Staff Memo 10-20-09 C - PC Application Received from Linda Fuess At the September 29 Work Session, Council indicated an interest in having staff explore the process and ramifications of reducing the Planning Commission from seven members to five members. Melanie has drafted a memo and ordinance that would revise the code to do that, and which would also remove the requirements that two members be from the Rural area, two from the Urban area, and that one reside on Lake Minnetonka Lakeshore. Before placing that in front of the Council far action, we wanted to have some discussion about the impacts of these possible changes. Consider the following: ► We have not always strictly followed the Urban/Rural/Lakeshore mix. For instance, the most recent 7-member PC has included 5 Rural (Tess, Jaye-Ann, Kim, Jon, Denise) and 2 Urban (Ralph & Loren) with Loren being the only Lakeshore owner. Council may wish to consider whether keeping this requirement in place has value. ► Currently we have 6 regular PC members, one of which (Jaye-Ann) is on a leave of absence until next May. Of these 6, only one has a term expiring soon, up far renewal in 2010 (Tess, term expires 3/31/10). Without asking the question, we assume Tess would like to be reappointed. So if we change to 5 members, would you intend to keep a 6-member commission when Jaye-Ann returns, until it reduces itself to 5 by attrition sometime in the near or far future? We assume you do not want to give anyone the boot... ► We do not suggest changing the code to designate a six-member PC, since that results in the potential for tie votes, as well as still requiring a 4-member quorum, the same as for a 7- member PC... ► In terms of functionality, a 5-member PC may ultimately be more efficient in discussions and at reaching conclusions than a 7-member PC... ► We currently have 4 designated PC alternates (Michelle Winer, Dave Rahn, Jan Berg, Sandy Smith) all of whom are former regular members. This serves us well when we need an alternate, but we don't have any future commissioners getting up-to-speed before they become regular members. We have one applicant who responded to our most recent advertisement for candidates to fill one regular position that expires 3/31/10 (Ralph's seat) and for one temporary position to fill in for Jaye-Ann until May. When would Council like to interview this candidate? � lii Current Planning Commission Tenures as of September 18, 2009 Updated October 16, 2009 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Ralph First 3-Year Term Second 3-Year Term Kempf 4/1/04 to 3/31/07 4/1/07 - 3/31/10 Resigned from PC as of 9-21-09 Appointed Vice Chair 12/I1/06 Appointed Chair 3-26-07 Tess First 3-Year Tern� Rice 1/l/07 to 3/31/10 Loren 10/13/08 App'ted First 3-Year Term Schoenzeit to fill Winer 4/1/09 to 3/31/12 unexp. term Jaye Anne 1-Year First 3-Year Term Bennett Apptmt. 4/1/08 to 3/31/11* l/1/07 to 3/31/08 Kim l-Year First 3-Year Term Kang Appmrt. 4/1/08 to 3/31/ll 1/1/07 to 3/31/08 Jon l.5-Year Apptmt. First 3-Year Term Schwingler 10/8/07 to 3/31/09 4/1/09 to 3/31/12 Denise First 3-Year Term Leskinen 4/13/09 to 3/31/12 - *Bennett on Leave of Absence 9/2009 thru 5/2010 - Alternates as of September 2009: Michelle Winer, Jan Berg, Sandee Smith, Dave Rahn - Reappointments due in March 2010: Tess Rice, Ralph Kempf position - May 26, 2009 Kim Kang appointed Vice-Chair - October 12, 2009 Kim Kang appointed Chair, Loren Schoenzeit appointed Vice-Chair � ��v . _ • � M,�I� � ��iv1! �fi�l�� VV�-C.. = REQUEST FOR COUNCIL ACTION Date: 20 October 2009 Item No. Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis Title: Planning & Zoning Coordinator Item Description: Revision of Chapter 74, relating to the Planning Commission membership List of Exhibits: Exhibit A - Ordinance — Chapter 74 Application Summary: The attached Ordinance is an amendment to City Code section 74-2 relating to planning commission membership. The amendment proposes a reduction from the existing seven member planning commission to a five member commission. With the recent resignation of Chair Kempf there are five regular planning commission members, and one regular member is on a leave of absence until next spring. The proposal to move from a seven member body to a five member body was discussed recently at a Council work session. Staff has prepared a draft Ordinance reflecting those changes. Additionally, as the timing seemed appropriate, the requirement for residence of commissioners in specific areas of the city is proposed to be removed. The Council may continue to appoint commissioners from specific areas of the city however the requirement to do so will be eliminated from the Code. Planning Commission Recommendation Chapter 74 is not located within the Zoning Code. Planning Commission review and public hearings are not required for amendments to this Chapter. Planning Staff Recommendation Staff recommends approval of the Code Amendment per the attached Ordinance. COUNCIL ACTION REQUESTED Adopt or amend the attached Ordinance. Exhibit A ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 74, ARTICLE IV, OF THE ORONO CITY CODE CONCERNING PERMITTED USES AND CONDITIONAL USES THE CITY COUNCIL OF ORONO, MINNESOTA, ORDAINS AS FOLLOWS: SECTION 1. City Code Chapter 74, Land Use, Article IV, Section 74-2(a) is hereby amended as follows: Sec. 74-2. Membership. (a) The planning commission is composed of five se�e�rmembers, who serve staggered three-year terms. The period of these terms is from April 1 to March 31, and the members shall be appointed by the second business meeting in March. (b) It is the policy of the council to appoint persons to the planning commission as follows: (1) �*�,o ,.:�., „� ao�;,,oa ;,, +�,o „ ,.v�,or�;.,o .,, „+��.,,,. �.�,,, .,, Y„�,a,.� o � �:a:�,� ; „a � „*oa *,. ,. „��,o ,,,.�,,,,, � „*o,� tk� o � � �;a�� r r ��-� ��;„��+�� '��r�„ ��*��. �„a +«,� Five members shall be � appointed to represent the city at large. � T�.,o ;i �.. ,.;*. „+o , ao ��a �„Y„ *�,; „i; .�„ „� nv s� ,;+�,,,,,+ � ,.:�;,, ao�;,.,,,,*;,,� �(� The zoning administrator and one councilmember shall be members of the commission ex officio and without vote. �{� The council may by majority vote appoint one or more alternate planning commission members to serve when regular members are absent. Alternate members shall be chosen at large. SECTION 2. This Ordinance shall be effective upon approval and publication. Adopted by the City Council of Orono on this 26th day of October, 2009 by a vote of ayes and nays. ATTEST: Linda S. Vee, City Clerk James M. White, Mayor 136626 . �°� . Q � Q Applicat�on for � h Citizen Advisory Commission G�' . �`�kEsxo�`'� . Commission Applying For: [Planning Commission ❑ Parks,Open Space and Trails Commission ❑ Lake Minnetonka Conservation District(LMCD) ❑ Community Task Force(Name) Name: I%IC`c�. �• ��PGG 5 S Address: J d,�0 �SS-�X ��-� Post Office&Zip Code: ��C>/� p, S�3 �� Telephone: (I� �75� •e?Y� -l�/S (VY) 1,j� •.7,S1� ' �e?OG E-Mail Address: /G�,-��..s S �Fevs t ld�, c�� Resident of Orono: �years Work Experience: �Pa c�Gleo� C'� Education: �se� a�� r e� C l/ __ Civic and Volunteer Activities(past and present): ,SP� c�u G/e� � !/ 2750 Kelley Parkway,P.O.Box 66,CrystaI Bay,MN 55323 Phnne� 9S7_-249-460Q/Fax• 952-944-4F 1 fi/w�.v ci nrnnm m�nc Piease state your reasons for wat�tin� to serve on this Commission. (Please be as specffic as possible. Use additional sheet if necessary.) C"�Um L �1tGc.,��l�ec�e� /�9�f .t77o31�2G��c/-t- �7�t� /�d/1?� !�') D�O/JCJ/ cz S S �s� ��/ocu fu�S {�om c..-,�S`�� c_�y �..Z' ,L�,GC �%� /a�e� w�i�h. � ��,�i�� c. ,��, G,��.e/ ..�z ��—��ze �.� �� s�e��/ �s er !'j7�/�G �_ .�i� 'f�`i..S /o vel�.. Cflv�t�"v__�o n/�J u7 C'�v.J..e_ /�2rl,Yi.-i,/� �'�_/��iii yf Pn�7�CJ L�/1 . � C'�/Yl �S J/Q/�L Gl�J� A 2P.S C/"v.v�S Gf'.S S�o�J��/ li f e,s fv/.c,. ��,L �v P n�.,c � .e��.�u-�L� so��l �U,� �v�� ..��'e.��'a�oi>s . What is your view of the role of tbe Commissian? %J s�/U.c u� �� G�v.�a�ti .^d/-L � S`�'u� �' vix�l c.�c�.( -� �s.i�'.� �._� ic .�.er>c.c �r� y�4 .�a.��/ Us..�, /�/�.� . Other Comments: (Use t5is space to inctude any further information you would like the Cih-Council to consider,or that yoa feel is relevant to the appointment you are seeking. You may also attach other materials �•ou would like the Council to cansider.) � ��,�i� �f �s ��G�f v�o� �Z .� �f� �e��-� �-F �-l'» l'� -;� o�s v/'.� i� S .�Y-o_5 v�-v c...�'s.�;� 1d� �fiCc ��t��e , �5 C� /'�.1�G�c�2� . .� fi��_/ � ,_S ��'�[//Gr �P sS!?">/J 5 t��+ �J�'L� � r'�J/J�"/'��U�� /LLt_i •�iru._ �r,nr-,/ �i�/es�� 5 �G.:e G��-� • . I understand tbis appointment ma�- be discussed at a public meeting. �� O��oG��.��,�C,�� gnature Date **�OTE: Volunteer commission member's name, address and phonenumber will become public information. 2750 Kelley Parl�-R�ay,P.O.Box 66,Crystal Bay,MN 55323 Phune: 952-249-4600/Fax� 952-249-4b16/�vww.ci.oronn.mn ns LINDA U . FEUSS www.feusslaw.com OBJECTIVE To serve on the Orono Planning Commisssion. EXPERIENCE Currently Law Office of L.U. Feuss,LLC Wayzata,i�IN Corporate Counselind, Mediation ■ Providing general counsel services to emerging and established companies ■ Mediating commercial and employment disputes, including complex litigation ■ Mentoring women in the legal profession, counseling firms and companies on the development and retention of female legal professionals 2003 - 2008 C.H. Robinson Worldwide,Inc. Eden Prairie,MN l�zce President, General Coun.cel and Secretary ■ Chief Legal Officer and Corporate Secretary for $8.5B Fortune 400 N:1SDr1Q Global Select company ■ Successfully managed class action gender discrimination and FLS� collective acuons,including insurance coverage disputes ■ Led legal team for all M&t1 activity, SEC regulatory issues,key litigation ■ Compliance Officer ■ Responsible for corporate governance and communications to the company's board of directors 2001 - 2003 PEMSTAR Inc. Rochester, MN Executive Vice President, Legal and Human Besources ■ Established legal department and served as Corporate Secretary at newly public 5800 M N�SD�Q company ■ Led human resources team, including a major restructuring of the company to improve growth and profitability. ■ Completed five acquisitions in two years, including three without use of outside counsel. ■ Completed secondary public offering. ■ Restructured bank financing, negotiated and closed converuble debt transaction. ■ Successfully managed defense of securities class action litigation 1998-2000 The Pillsbury Company iVlinneapolis,�IN Vice Pre.rident and General Counsel ■ Served as general counsel to the Bakeries and Foodservice Business, during a period of fast growth from �900I�1 to �1.5B ■ Responsible for legal services to the IT and Operations functions. ■ Led the legal team for the $350�1 acquisition of Hazelwood Farms Bakery from SLPERV�I.U, the �50M purchase of Donut Corporation of r�merica from Iierry, and the divestiture of the potato and flour businesses. ■ Managed significant commercial litigation,including distributor litigation, supplier disputes, and employee defalcation scheme. 1983-1998 Siemens Corporation r�tlanta,Gr� .-1.�sociate General Counsel(1994-1998) ■ Led the regional legal department for Siemens Corporation for the southeast, serving as General Counsel to Siemens Energy&rlutomation, Siemens' largest and most profitable U.S. subsidiary, and provided legal services to other Siemens subsidiaries in the southeast. ■ Member of the management committee for the Siemens Corporation (US) legal department ■ Led the regional legal team for all M&� activity, including joint venture with Singapore partner, acquisitions of businesses from Westinghouse, Landis &Gyr, Furnas Electric ■ Successfully defended major liugation arising from the sale of the service business Senior Coun.rel(1991-1994) ■ M&A liaison with New York office ■ Chaired the r1DR national committee for Siemens Corporation ■ Served as general counsel to a number of key divisions ■ Representative of US legal department in Germany July-August 1993 ■ Immersion German language training in Germany February 1994 Coun�-el(1983-1991) ■ Increasing responsibiliry in liugation mamagement and contract review. ■ Responsible for all employment related counseling and litigation ■ Implemented Product Safery Committee protocol throughout the manufacturing organization 1981- 1983 Rainey,Britton, Gibbes and Clarkson Greenville,SC �ssociate ■ Litigation in all areas of civil practice escept domestic relations EDL'C_�TION 197�1978 Colgate Universiry Hamilton,NY ■ Bachelor of�rts. ■ Honors in French Literature (member of the Dijon Study group) ■ Varsiry Women's Lacrosse 1978-1981. Emory University� Atlanta, GA ■ Juris Doctor ■ t1BA Moot Court Team—member and coach B_1R _�D�fISSION Iblinnesota (Qualified Neutral Under Rule 114), Georgia,South Carolina INTERESTS Golf,piano, skiing, tennis,languages (French, German, some Italian). CO\IIiUNITY _�CTIVITIES Board of Governors, Universiry of St. Thomas School of Law (Executive Committee); Board Member, i��inneapolis I'��'Cr� (Executive Committee); Colgate University �lumni Corporation Board, �lumnae Leadership Council, Maroon Citation; P�10ER rldvisory� Board; Volunteer Lawyer — Children's Law Center; Executive Committee, St. Mark's Episcopal Cathedra12003-2005. LUI�I?USS@FEUSSL�IW.COibi 130 LAI�t? S7'R�ET' WEST W.�Y'/.A"1'A, MN 55391 612-804-2414(MOBII.I?) 952-258-8200(OI�I�ICii) � MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: LIN VEE, CITY CLERK SUBJECT: PAPERLESS AGENDAS— STATUS REPORT DATE: NOVEMBER 9, 2009 Staff has continued to research the implementation of paperless packets. Following is a summary of items to consider as final decisions are made. l. Laptop to purchase a. Features b. Cost c. Internet access d. Updates and maintenance 2. Software to include a. Security and anti-virus b. Office Suite c. Adobe Reader 3. Method to receive packet a. Email b. Download from City website c. Flash drive, CD or other media 4. Training a. Accessing packet b. Tools for taking notes If there are any Council Members who are interested in participating in the process, a meeting will be scheduled at a convenient time to further discuss implementation of paperless packets. I MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: ORONO MANAGEMENT TEAM SUBJECT: INFORMATION UPDATE DATE: OCTOBER 30, 2009 • At the last work session the Council requested a breakdown of engineering bills by category. The attached table provides a summary by category for full year of 2008 and 2009 through September 30th. Please contact the Finance Department with questions about this information. • The Finance Department met with representatives of the Hennepin County Assessor's office on Wednesday. Values for the 2010 collectable 2011 tax period are decreasing significantly. Residential Lakeshore properties are decreasing 5%. Non-Lakeshore Residential are decreasing 14.57%. • Copies of actua12010 tax statements are attached. The impact of the decreasing property values varies greatly depending on the percentage of the decrease in value. Some properties will see an increase in taxes even as the value declines. Others see a decrease as a result of the decrease in value. Properties in the Orono School District will see a decrease in school portion of their tax bill. • Casco Point base paving is complete; final coat of asphalt will be placed next year. The contractor will work on driveway repairs next week. The City of Orono complies with the Minnesota Data Practices and Open Meeting Law. The recipients of this electronic file are asked not to "Forward"or "Reply to All"concerning information contained in this email. � MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: LIN VEE, CITY CLERK SUBJECT: COMMENTS REGARDING INFORMATION UPDATES DATE: NOVEMBER 6, 2009 Attached are the Information Update memos from October 30 and November 5 for reference if Council wishes to discuss any of these items. I � MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: ORONO MANAGEMENT TEAM SUBJECT: INFORMATION UPDATE DATE: NOVEMBER 5, 2009 • The attached letter was mailed to Commissioner Callison as requested by her at the 10/30/09 morning meeting. • Scott and Lyle are meeting with Kevin Rodewald today at 2293 Shadywood to discuss his van and trailer parking at the street and grading issues from demo and water shut off repair next door. • Attached is the draft agenda for the Tuesday, November l0t" wark session. A work session packet will be available at Monday's Council meeting. � I The City of Orono complies with the Minnesota Data Practices and Open Meeting Law. The recipients of this electronic file are asked not to "Forward"or "Reply to All"concerning information contained in this email.