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HomeMy WebLinkAbout02-08-1999 Council Packets i AGENDA FOR COUNCIL MEETING SET FOR MONDAY, FEBRUARY 8,1999,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (♦) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL ^ 1. Recognition - Police Chief Gary Cheswick - Resolution CONSENT AGENDA y' 2. Approve/Amend ^PROVAL OF MINUTES 3.RegularMeetingof January 25,1999 COUNCIL MEETING iFEB 3 1999 cirv OF OHONO PARK COMMISSION COMMENTS - James White, Representative ^ LAKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan, Representative t/PLANNING COMMISSION COMMENTS - Lili McMillan, Representative ^ PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 4.#2425 Sidr'and Barbara Rebers/Service 800, Inc., 2190 Wayzata Boulevard - Final Plat Approval -Resolution 5.#24-^ • Glen Upton, 3685 North Shore Drive - Variance - Denial Resolution MAYOR/COUNCIL REPORT ENGINEER REPORT ^ 6.Approve Plans and Specifications for Orono Orchards Samtary Sewer Project - Resolution j:^7.Approve Plans and Specifications for Head Sanitary Sewer Project - Resolution 18.Final Pay Request - Bracketts Point/Bay Ridge Sanitary Sewer Projwt 'I'9.Pay Request #4 - Navarre Water Treatment Plant Rehabilitation Project CITY ADMINISTRATOR’S REPORT 10.Request for Conveyance of Tax Forfeit Land - Resolution L11.Flexible Compensation Plan - Resolution (IA 4 CITY ATTORNEY’S REPORT !i* I* I 0 / y \ *12. LICENSES *13. BILLS r AGENDA FOR COUNCIL MEETING SET FOR MONDAY, FEBRUARY 8,1999,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY ORONO, MINNESOTA UPCOMING ISSUES AND EVENTS 1222 02/08 02/10 02/11 02/15 02/16 02/18 02/22 02/25 03/01 03/03 03/04 03/08 03/11 03/15 03/18 03/22 03/25 Council Meeting Highway 12 Policy Committee Meeting, 5:00 p.m. Council Work Session, 7:30 a.m. HOLIDAY, Presidents' Day Tuesday, Planning Commission Meeting, 6:30 p.m. Council Work Session, 7:30 a.m. Council Meeting, 7:00 p.m. Council Work Session, 7:30 a.m. Park Commission Meeting, 7:15 p.m. Highway 12 Design Review Committee Meeting, 5:30 p.m. Council Work Session, 7:30 a.m. Council Meeting Coimcil Woric Session, 7:30 a.m. Planning Commission Meeting, 6:30 p.m. Council Work Session, 7:30 a.m. Council Meeting, 7:00 p.m. Couiiv'l Work Session, 7:30 a.m. r * % Public A ttendance MEBnNG D ate ^ _ Yf ■ i2l. C ouncil □ Planning C ommission □ Park C ommission ta Other____________ NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER I ■ Pri , H < 3. 4. 5.. 6. 9.. 10. 11. 12. 13. 14.. 15. 013M4 i r COUNCIL MEETING ffB 8,1994REQUEST FOR COUNCIL ACTION CliyOFOROMO DATE: February 5,1999 ITEM NO: / Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Recognition of Police Chief Gary Cheswick for Thirty Years of Dedicated Service to the City - Resolution Gary Cheswick has served the City for thirty years as a member of the Orono Police Department. A resolution recognizing Chief Cheswick for his dedicated service to the City is attached for Council adoption. COUNCIL ACTION REQUESTED: I! 1 . RESOLUTION NO. 4233 A RESOLUTION RECOGNIZING GARY CHESWICK FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF ORONO ON THE ORONO POLICE DEPARTMENT WHEREAS, Gary Cheswick has served the City with distinction as a member of the Orono Police Department for thirty years; and WHEREAS, Gary Cheswick began his employment with the City as a full time Police Officer on February 1,1969; and WHEREAS, Gary Cheswick's dedication and abilities have been recognized through promotions to the positions of Sergeant, Lieutenant, and Chief; and WHEREAS, in each of his positions Gary has served the City and its citizens with professionalism, compassion, and a true conunitment to the police motto: "To protect and to serve". NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council does hereby recognize Gary Cheswick for his thirty years of exemplary service to the City as Police Officer, Police Sergeant, Police Lieutenant, and Police Chief. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 8th day of February, 1999. ATTEST: Lmda S. Vee, City Clerk Gabriel Jabbour, Mayor COUNCIL meeting SJ999, ORONO CITY COUNCIL MEETI nA 3 MINUTES FOR JANUARY 25, 1999 ROLL The Council met on the above mentioned date with the following members present; Mayor Gabriel Jabbour, Council Members Bob Sansevere, Richard Flint, Charles Kelley, and Council Member Barbara Peterson was absent. Representing Staff were City Attorney Thomas Barrett, City Administrator Ron Moorse, Senior Planning Coordinator Michael Gaffron, Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, Director of Public Services Greg Gappa, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:02 p.m (^1) RECOGNITION - POLICE OFFICER MARK THOMTON - RESOLUTION NO. #4225 City Administrator Ron Moorse read a resolution recognizing Retired Police Officer Mark Thornton's 13 years of service on the Orono Police Department. Kelley moved, Flint seconded, to adopt RESOLUTION NO. 4225, a Resolution of Recognition for Mark Thornton's Thirteen Years of Service on the Orono Police Department. VOTE: Ayes 4, Nays 0. (#2) CONSENT AGENDA Item 19 was removeo from the Consent Agenda. Items 7, 8, 9, 11, 13, 14, and 16 were added to the Consent Agenda. Sansevere moved, Kelley seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *(#3) REGULAR MEETING OF JANUARY II, 1999 Sansevere moved, Kelley seconded, to approve the Minutes of the Regular City Council meeting of January II, 1999, as submitted. VOTE: Ayes 4, Nays 0. 1 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 PARK COMMISSION COMMENTS Sherokee Use addressed the City Council and reported that the warming house at the golf course is now open on Saturdays from noon to 4:00 p.m. Use stated that the Parks Commission is proceeding forward with plans on the tentatively named Seven Nations Park and will present cost estimates to the City Council at their next meeting. Use reported that the Parks Commission is still interested in the Eisinger property and noted that the owner of the Dog House has first rights to the property. Mayor Jabbour inquired if any time limit has been set for when the owner of the Dog House has to make a determination on whether to purchase the Eisinger property. Gappa stated it probably depends on the outcome of Highway 12 and the financing that the Dog House would receive from MnDot for relocation. Mayor Jabbour commented that the City should schedule a meeting with all the interested parties to discuss this issue. Mayor Jabbour stated that a meeting was held with Fairview Covenant Church to discuss the access issue and that a meeting is being scheduled with the adjacent property owner to discuss that issue. Jabbour remarked that the City Council would like to have a decision on this issue by May. Kelley inquired whether the Parks Commission has heard anything from the School District on what their plans are for recreational facilities as part of the middle school building project. Use stated that the Parks Commission has not received any definite plans to date but that by the end of January they hope to have a better idea of what the School District's plans are. Use commented that this item is on the Parks Commission's February agenda PLANNING COMMISSION COMMENTS None. PUBLIC COMMENTS None. I cs. ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 ZONING ADMINISTRATOR’S REPORT i#4) SIDNEY AND BARBARA REBERS/SERVICE 800, INC, 2190 WAYZATA BOULEVARD - ACCESS UPDATE Jean Mork Bredeson and Rich Kieman, Service 800, Inc . were present Gaffron sta’.ed that City Staff has been meeting with MnDot to resolve the access issue for this site. MnDot has stated they will not approve the access as proposed because the driveway is essentially parallel ?o Highway 12 while still in the right-of-way. MnDot will approve an access that heads northward in Otten's property, but this would require significant changes to the Service 800 site plan. Another option is that MnDot may look favorably on a reconveyance or turnback of the triangular portion of right-of-way and MnDot would transfer its right-of-way easement rights to the City. Gaffron stated Service 800 would like to begin construction on the site as soon as possible using the existing right-in/right-out curb cut on a temporary basis Once MnDot approval is obtained for one of the proposed options. Service 800 will constaict a new access across from Brimhall. Service 800 has submitted a revised site plan with parking against Highway 12 frontage rather than against the front of the building. Gaffron stated under Option I Cliff Otten will request that MnDot reconvey the triangle to him, which would require him to acquire the underlying fee title to the triangle from the current fee owners. Otten would also pay MnDot the appraised value of MnDot's road easement. Staff will support this option with the following conditions: Otten must grant/dedicate to the City a 70' right-of-way corridor within the triangle across from Brimhall, extending from Highway 12 to the north line of the triangle, for use as a future public road, and is willing to grant to Service 800 an easement across the eastern portion of the triangle. Service 800 would then build a driveway access to Highway 12 within the easement and right-of-way corridor. Staff would like Otten to complete acquisition of the fee title from the Daniels' heirs within 30 days, and if this is not possible. Option 2 will be explored. Staff is anticipating a 60 day review by MnDot staff with six to nine months to finalize paperwork. Some potential pitfalls include higher acquisition costs for the land than Otten is willing to pay or MnDot staff may decide to retain their easement and deny the reconveyance Option 2 involves the City formally applying to MnDot for turnback to the City of MnDofs easement over the triangle, based on the City's intention to have a future public road access at this location The City can and will develop a section of road in the triangle, especially if required by MnDot in order for turnback to occur, to City specifications for one or more users. This option requires additional discussion with MnDot in order to determine whether that road needs to be constructed before a turnback will be given to the City The City will * rm • ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 (#4 Sidney and Barbara Rebers/Service 800, continued) grant an administrative variance to allow the access driveway into the Service 800 site to be less than 100 feet from the intersection. Gaffron remarked that if Service 800 is allowed to start with a temporary access into the site, a fallback option is necessary, and that would be that Service 800 would be prepared to build a driveway across Otten’s property to the northwest comer of the Service 800 site. Staff does not prefer this option, but this option may become necessary if the turnback and reconveyance options fail to gain MnDot approval. In order to make this option viable, Otten would have to grant Service 800 an easement to the northwest comer of their site. Service 800 would have to commit to building this driveway by establishing a letter of credit to cover the costs of driveway construction, with said easement and letter of credit being extinguished if Options 1 or 2 happen, and the City would have the ability to rerjuire constmction of this driveway by a certain date if Options 1 and 2 did not ultimately happen. Gaffron noted that no formal resolution is before the City Council at this time, but Staff is looking for City Council approval to continue to pursue these options. Jean Mork Bredeson, Service 800, commented that if access is required at the rear of the site, it will lower the value of the property, but Service 800 is still willing to pursue that option if necessary. Bredeson stated that Service 800 would like to continue to pursue the other two options. Rich Kieman, Service 800, stated they expect a decision from MnDot within the next 30 to 60 days. Gaffron remarked for Option 2 to occur, MnDot normally requires that the road be constructed before a turnback is given. Mayor Jabbour commented that if the City is going to go forward with one of these options, the City needs to be assured that the temporary curb cut will eventually be closed. Jabbour noted if access is in the back, there is a concern with emergency vehicle access. Kelley stated he has a concern with Otten’s lot and the potential for increased development along Highway 12. Kelley cautioned the City Council about not losing sight of possible development in the future on the land to the west Kelley also raised concerns about possible stacking of automobiles on the extension to Brimhall to the north, and noted that Otten was required to constmcl his driveway a certain distance from the intersection. Sansevere inquired whether Service 800 had considered acquiring fee title to the triangular ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 (^4 Sidney and Barbara Rebers/Service 800, continued) piece which would eliminate the need to utilize the Otten property. Bredeson stated that option has been discussed and that the triangular piece of property is more appealing to Otten's because it increases his property value. Flint inquired as to who would incur the costs of construction for these various options has been discussed. Gaffron stated the costs to construct a left-turn eastbound lane at the intersection would be incurred by Service 800. Kellogg commented that in his opinion this lane would cost approximately $8,000 to $10,000. Mayor Jabbour suggested that attorney fees also be included in the costs. Barrett stated that the City could require the Applicants pay any acquisition costs for a public road. Mayor Jabbour commented that the City Council has a fiduciary duty to protect its citizens and the interests of the City. Bredeson noted that Option 3 does require that Service 800 provide a letter of credit to cover the costs of construction at no risk to the City. Mayor Jabbour remarked that steps need to be taken to insure that the letter cf credit is renewed if this project extends beyond one year. Flint commented he has concerns about Options I, 2, and 3 as outlined in the update dated January 25, 1999, and prefers Option 1A as outlined in Gaffron's January 21, 1999 memorandum. Kelley agreed that Option 1A may be the best solution. Bredeson commented to change the location of the building would cost Service 800 a substantial amount of money. Rich Kieman commented that in his view the present location of the building is the best and that access across from Brimhall is the best option. Mayor Jabbour commented that he will contact Clift'Otten tomorrow and inform him about what has been discussed at tonight ’s meeting ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 (#4 Sidney and Barbara Rebers/Service 800, continued) Sansevere inquired how much the driveway is estimated to cost. Bredeson stated it has been estimated it will cost approximately $75,000 to build a roadway the length of their north property boundary. Sansevere commented that ii may be less expensive to relocate the building than to build a driveway to the rear of the property. Bredeson stated Service 800 has looked into that and they would like some additional time to continue to pursue their options. Kelley encouraged Service 800 to look at Option I A, Mayor Jabbour stated the record should reflect that the Applicant is requesting that this application be tabled to allow them additional time to pursue their options. Barrett stated a letter agreeing to the extension could be sent to the Applicant. Motion by Jabbour, second by Kelley, to table Application #2425^ Sidney and Barbara Rebers/Service 800, Inc., 2190 Wayzata Boulevard, per the Applicant's request. VOTE: Ayes 4, Nays 0. Jabbour requested that the City Council members consider what their position will be if the City is faced with vacating Outlot C. (#5) #2443 GLENN UPTON, 3685 NORTH SHORE DRIVE This Application follows Item #10. (#6) #2445 ROBERT GEHRMAN, 4300 SI.XTH AVENUE NORTH - \ ARIANCE - RESOLUTION NO. #4226 Rich Ross, Morton buildings, was present Weinberger stated the Applicant has requested a variance to allow an oversized accessory structure on the property. The Applicant is proposing to construct a 36* by 77' pole-bam style building which will be attached to an existing 20' by 49' accessory building by a ten foot ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 (^2445 Robert Gehrmnn, continued) walkway. Weinberger stated a building permit was previously issued for this structure, and subsequently the Applicant inquired about connecting both structures with a 10' by 10' walkway. Weinberger remarked that the maximum allowed accessory structure on a lot larger than nine acres is 3,000 square feet. The total combined square footage of the old and proposed structures would be 3,852 square feet. Kelley inquired how much of this parcel is dr>' buildable Weinberger stated he is not sure of the exact number but it would be under ten acres. Kelley inquired whether consideration has been given to the fact that a large accessory structure might be left should this property be subdivided in the future Weinberger commented that unfortunately the amount of dry buildable land was not calculated, but in his opinion it would be approximately seven acres. Sansevere commented that aesthetically it would look better with a breezeway rather than having the two buildings situated ten feet apart. Kelley commented that a variance is still needed to allow the accessory structure. Weinberger stated that a restrictive covenant would be required to be filed on the property stating that any future subdivision would require the accessory building to remain on the lot with the existing residence, or for a short time period the building could remain on a new lot. However, this lot does not have enough dry buildable land to be subdivided under the current zoning designation. Motion by Flint, second by Sansevere to approve Application ^2445, 4300 Sixth Avenue North, and to adopt RESOLUTION NO. ft4226, a Resolution granting variances allowing construction of an oversized accessory structure on the property with a maximum foot print of 3,852 square feet and to permit the structure to exceed the height of the principal structure on the lot. VOTE: Ayes 3, Nays I, Kelley Opposed. •(#7) #2446 MARC AND SHERRY MASLOW, HAVING AN INTEREST IN 1890 SIIADYWOOD ROAD - VARIANCES - RESOLUTION NO. #4227 Motion by Sansevere, second by Kelley, lo approve Application #2446, 1890 Shadywood Road, and adopt RESOLUTION NO. #4227, a Resolution granting a variance to permit ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 (^2446 Marc and Sherry Maslow, continued) construction of a 12* by 32’ addition to the lakeshore of an existing residence, a variance to the average lakeshore setback, and variances to the allowable hardcover in the 0-75 ’ setback as well as the 75-250' setback. VOTE; Ayes 4, Nays 0. *(#8) #2447 KEITH WATER ASSOC./KIRT WOODHOUSE, 885 FERNDALE ROAD WEST - VARIANCES/CONDITIONAL USE PERMIT - RESOLUTION NO. #4228 Motion by Sansevere, second by Kelley, to approve Application #2447, 885 Ferndale Road West, and adopt RESOLUTION NO. #4228, a Resolution granting variances to side yard setback, lakeshore setback, hardcover, and granting of a conditional use permit for fill in a flood plain. VOTE: Ayes 4, Nays 0. ”(#9) #2448 KEITH WATER ASSOC./DOUG CARLSON/C. RAY, 780 NORTH ARM DRIVE - VARIANCES - RESOLUTION NO. #4229 Motion by Sansevere, second by Kelley, to approve Application #2448, 780 North Arm Drive, and adopt RESOLUTION NO. #4229, a Resolution granting variances to permit construction of a screened porch addition to an existing residence located in front of the average lakeshore setback and encroaching into the required 30 foot top of bluff setback. V'OTE: Ayes 4, Nays 0. (#10) #2450 GLEN GRONBERG, 325 WILLOW DRIVE NORTH - PRELIMINARY PLAT - RESOLUTION NO. #4230 Glen Gronberg, Applicant, was present, and Mark Gronberg. Architect, was present. Weinberger stated the Applicant is requesting preliminary ’ plat approval for a two-lot subdivision of a 5.07 acre site located off North Willow Drive The proposed area for subdivision is scheduled to be purchased by MnDot as part of the Highway 12 development plan along the existing railroad corridor with a stormwater pond being constructed over much of the subject lot. Weinberger stated the subdivision was originally approved in 1979, with an outlot being created for the purposes of serving as a driveway for the three lots. The driveway was built in 1988 at the time of construction of the residence Resolution #1065 stated that the private driveway in Outlot A would serve a maximum of three residences within the Spruce Acres Subdivision. 4 L ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 (^2450 Glen Gronberg, continued) The Applicants have submitted a revised plan which proposes to create a new outlot and to construct a private road joining the adjacent Outlot A within the Spruce Acres Subdivision, which would eliminate the need for a back lot. The private road would be required to be developed, including an 80' cul-de-sac platted at 100 feet in diameter, at the time Lot 1 would receive a building permit. The existing driveway arrangement would remain in place unf ! that time. The Planning Commission recommended approval of the subdivision with the understanding that the property would be acquired by MnDot. Weinberger noted that the proposed septic sites have been inspected and both the primary and alternate drainfield sites meet all City and State standards, and the existing sites on Lot 2 are conforming systems and would not be impacted by the subdivision. The Parks Commission has reviewed this application at their January 4th meeting and have recommended the City collect one park dedication fee for one new lot. Weinberger stated the Applicant would need to develop a covenant for wetlands located within Lot 1 and the need to obtain the necessary approvals from the Corps of Engineers and Minnehaha Creek Watershed District before any alterations are approved. A road maintenance agreement would also need to be entered into with the neighboring property owners prior to final plat approval. Mayor Jabbour questioned why a cul-de-sac was being required Weinberger stated a cul-de-sac is necessary for emergency vehicle access and to service the four lots. Kelley inquired how much land MnDot will be taking Gronberg commented that he is unsure at. this time how much land MnDot will be acquiring Mayor Jabbour remarked the City Council does not want to create a lot that does not have a proper septic site should MnDot decide not to acquire a portion of this land. Mark Gronberg stated there is some extra land available on each lot to play with. Mayor Jabbour commented that the septic systems are not a part of the right-of-way position Mark Gronberg inquired whether the park dedication fee is necessar>'. Mayor Jabbour stated he is in favor of the park dedication fee. , mdr A Mirat-n ■wtiMiitw iiiiiB iirmi ii Mni" i n la rra ■ ■ «Mtr ^ ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 (#2450 Glen Gronberg, continued) Mark Gronberg inquired whether the park dedication fee could be paid at the time the building permit is issued. Flint stated the park dedication fee could go up if payment of the fee is delayed until the time the building permit is issued and that the City's ordinances require that the fee be paid at the time of final plat. Mayor Jabbour stated the park dedication fee is based on eight percent of the value of the land, and that the City's position is that the fee will not be waived unless some type of hardship is demonstrated. Gronberg questioned the requirements for the road. Kelley remarked that the road will not need to be built until the time the building permit is issued. Motion by Sansevere, second by Kelley, to approve Application #2450, 325 Willow Drive North and adopt RESOLUTION NO. #4230 granting preliminary plat approval. Mayor Jabbour stated the record should show that the primary and secondary septic sites are located outside the construction limits proposed by MnDot and should be fine. Gronberg inquired whether the City Council would be willing to vote on whether the park dedication fee should be waived until the time the building permit is issued. Mayor Jabbour inquired whether the City Council would be willing to allow the park dedication fee to be paid at the time the building permit is issued Flint commented that in his opinion the ordinance requires that the fee be paid at the lime of final plat approval Barrett remarked that in his opinion the ordinance requires that it be paid at the time of final plat and that there could be some type of variance application submitted to have the fee paid at the time the building permit is issued Mayor Jabbour commented in his opinion it would have a negative impact on the process if the park dedication fee is waived until the building permit is issued. Flint stated that the park dedication fee was considered and factored into the plat process. VOTE: Ayes 4, Nays 0. ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 (#5) GLENN UPTON, 3685 NORTH SHORE DRIVE - VARIANCE The Applicant was not present. Motion by Sansevere, second by Kelley, to deny Application ^2443,3685 North Shore Drive. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Mayor Jabbour stated the Watershed District is in the process of appointing two members to the District and would like the City of Orono to send a letter supporting Malcolm Reid for appointment to the Watershed District. Mayor Jabbour commented he has not had a chance to personally meet with him but has heard positive things about him. Flint commented in his view he should abstain from this issue Mayor Jabbour noted that Malcolm Reid is a part of the same law tlrir as Flint. Kelley stated he would be willing to go along with the Mayor's recommendation. Motion by Kelley, second by Sansevere, to direct City Staff to write a letter supporting Malcolm Reid's appointment to the Watershed District. VOTE: Ayes 3-0-1, Flint Abstained. Mayor Jabbour staled that he will be hosting a reception in honor of Diann Goetten’s past service to the City on February 1 Ith from 6:00 to 9 00 pm, and that the members of the City Council aiw invited to attend. Sansevere thanked Ron Moorse for his efforts in following through on the donation of a defibrillator to the Police Department. Moorse stated the North Tonka Crime Prevention Coalition and the Long Lake State Bank have offered to split the cost of a new defibrillator, and that the Orono Police Department will eventually be getting an additional one when the Long Lake Fire Department updates theirs The North Tonka Crime Prevention Coalition has also requested that the Orono Police Chief develop a list of items that are outside the normal budget to be funded by donations. Flint stated that he has spoken with Mr Meyer about the ad hoc committee to deal with the Dakota Rail Trail and he is an.xious to proceed with the committee Flint suggested that someone be appointed to chair the committee ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 (Mayor/Council Report, continued) Mayor Jabbour indicated that he has spoken with Ron Moorse about scheduling a meeting with the Mayor of Mound, the Mayor of Spring Park, the Mayor of Minnetonka Beach and the Mayor of Wayzata to discuss this issue. Mayor Jabbour commented that he would like to schedule an early morning "town meeting" every Saturday in March to discuss issues pertaining to the City of Orono which would enable the citizens to meet with the Mayor on an informal basis. Mayor Jabbour remarked that w'ith the year 2000 approaching, more and more of the local residents are acquiring generators for their private use. Gappa commented that NSP has been e.xperiencing problems with some of these generators due to incorrect installation Mayor Jabbour stated the citizens should be made aware of the steps that Orono is taking to ensure that those problems will not occur in the year 2000. and that the residents follow the proper steps in installing a generator. Kelley suggested the Uniform Building Code be reviewed to see if some licensing procedure needs to be followed as well as an inspection of the generators once installation is completed. Gappa stated this issue can be included in the spring newsletter. ENGINEER REPORT *(#I1) ORDER FEASIBILITY STUDY FOR FULLERTON SUBDIVISION SANITARY SEWER - RESOLUTION NO. #4231 Motion by Snnseverc, second by Kelley, to approve RESOLUTION NO. #4231, a Resolution Declaring Adequacy of Petition and Ordering Preparation of Report for the installation of sanitary sewer in the Fullerton Subdivision. VOTE: Ayes 4, Nays 0. (#12) FINAL PAY REQUEST - NORTH LONG LAKE SANITARY SEWER PROJECT Flint commented he does not have a problem with payment of the pay request, but has a concern over the number of change orders that have occurred on this project and the amount of money involved Flint inquired whether City Staft'could have avoided some of these costs if there had been better supervision of the project 12 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 (#12 North Long Lake Sanitary Sewer, continued) Kellogg stated a retaining wall was needed, which added some costs to the project, and there was an alternate bid to serve the Matesh property that was added to the project. Gappa stated in his opinion City Staff does have good control over the projects and that some of the additional costs were due to the acquisition of easements. The City is now managing the timir j of projects much better so that easements can be acquired earlier in the process. Motion by Flint, second by Jabbour, to approve Final Request for Payment, North Long Lake Sanitary Sewer Project to Barbarossa & Sons in the amount of $64,540.94. VOTE: Ayes 4, Nays 0. (#13) FINAL PAY REQUEST - OLD CRYSTAL BAY ROAD TRAIL PROJECT Motion by Sansevere, second by Kelley, to approve Request for Final Payment, Old Crystal Bay Road Trail Project to Biiffalo Bituminous in the amount of $13,347.06. VOTE: Ayes 4, Nays 0. *(#14) PAY REQUEST #3 - NAVARRE WATER TREATMENT REHABILITATION PROJECT Motion by Sansevere, second by Kelley, to approve Request for Payment #3, to Shank Constructors, Brooklyn Park, Minnesota, in the amount of $86,430.00. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR’S REPORT (#15) OUTLINE OF CITY'S INVESTMENT POLICY Ron Moorse stated that Tom Kuehn, Finance Director, is present to address the City Council regarding the City’s investment policy. Flint noted that the City utilizes a number of banks for their accounts, and questioned whether the $100,000 limit is being abided by. Kuehn stated it is his policy to stay under the F.D.I.C. limit of $100,000. Kelley noted that the investment policy has not been reviewed since 1988, and that perhap: this would be a good time to look at the policy. J 1 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 ((1^15 Outline of City's Investment Policy, continued) Barrett remarked that most of the authorized investments are controlled by Minnesota Statute. Kuehn inquired as to whether the City Council was looking at anything specific with the investment policy that they thought should be modified or changed. Mayor Jabbour suggested that perhaps the procedure Kuehn has been following be incorporated into the policy and any other changes he thinks are necessary. Kelley suggested that \ enever a new account is opened, the City Council should be made aware of it in the next council packet. Kuehn stated he will include that information for the City Council *(#16) PAY EQUITY REPORT Motion by Snnsevere, second by Kelley, to approve the City's pay equity report. VOTE. Ayes 4, Nays 0. (#17) APPOINT PART-TIME ON-CALL COMMUNITY SERVICE OFFICER Motion by Snnsevere, second by Kelley, to approve the hiring of a part-time on-call Community Service Officer effective January 26, 1999. VOTE: Ayes 4, Nays 0. (#18) STAFF/COUNCIL COMMUNICATION - RESOLUTION NO. #4232 ORDINANCE AMENDMENT NO. #182 SECOND SERIES, AND ADMINISTRATIVE POLICY REVISION Ron Moorse stated City Staff has made the the requested changes to the City code and administrative policy to reflect the recommended policy. Kelley inquired whether this item should be tabled until a full council is present Sansevere stated he was ready to support this resolution Flint stated he also was in agreement with the resolution Moorse commented that the oidinance will need to be published before it becomes effective, and that according to the City Attorney, a 3/5's majority vote is needed. I lit TTM taryTm-gntiffrt ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25,1999 (#18 StafT/Council Communication, continued) Sansevere inquired whether City Staff had heard anything from Council Member Peterson regarding this item. Moorse stated he had not Motion by Kelley, second by Flint, to adopt RESOLUTION NO. #4232, a Resolution Setting out a Policy and Procedure for Addressing Concerns Raised by City Employees Regarding the Administration of the City. VOTE: Ayes 4, Nays 0. Motion by Kelley, second by Sansevere, to adopt ORDINANCE NO. 182, Second Series, an Ordinance Amending Section 2.06 of the Orono Municipal Code. VOTE: Ayes 4, Nays 0. Mayor Jabbour stated he would like the record to reflect that the City Council passed by a unanimous vote the resolution and ordinance. Motion by Kelley, second by S.nnsevere, to adopt the Revision to Administrative and Personnel Policy. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT None (#19) LICENSES Motion by Kelley, second by Sansevere, to approve the following kennel and cigarette licenses. Ayes 3, Nays 0, Jabbour abstained. Kennel: Wayne E. and Gayle D. Carrier 1376 North Arm Drive Colleen Jabbour 985 Tonkavva Road Jane Kline and Steve Bell 4455 West Branch Road 15 4 > A .i ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 ■ (#19 Licenses, continued) Tracey Morrow 3026 Casco Point Road Cigarette: Richard Bloomquist Rick's Super Valu 3333 Shoreline Drive Steven Corl Navarre Liquors. Inc. 3421 Shoreline Drive Kenneth Galloway Wayzata Country Club 200 Wayzata Boulevard Jimmie Holtz Jimmie's Lounge 3380 Shoreline Drive LeRoy Koehnen Navarre Amoco 3360 Shoreline Drive John O'Sullivan O'Sullivans I (Convenience Store) 2420 Shadywood Road John O'Sullivan O'Sullivans II (Convenience Store - Culvers) 3340 Shoreline Drive Don Scherven Navarre Lanes 3435 Shoreline Drive William Wear Orono Self Service 2160 Wayzata Boulevard ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 25, 1999 (#19 Licenses, continued) Grant Wenkstern Lakeview Golf of Orono, Inc. 405 North Arm Drive (#20) BILLS Motion by Kelley, second by Sansevere to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. City Council went into executive session based on aitorney/clieni privilege to discuss pending litigation. ADJOURNMENT Motion by Flint, second by Sansevere, to adjourn the meeting at 9:20 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor i TO:Orono City Council FROM: Lili McMillan, LMCD representative DATE: February 3, 1999 SUBJECT: LMCD update meeting ffS a 1999 Attached is background material concerning the recent issues before the LMCD board: 1) Wrap-up of 98 Milfoil Harvesting Season -attachment of acres harvested 2) Results of the 98 Water Quality Testing -excerpts and charts from the report 3) Results of 98 Boat Density Survey -summary, chart and minutes of board discussion 4) Zebra Mussel Ordinance -excerpts from board discussion 5) Executive Director's Letter a> RESULTS The qualify of most of the bays in Minnetonka was very good throughout the summer of 1998, (Figu'-es 1 to 4). The phosphorus and chlorophyll a concentrations of twelve of the monitored bays were below the level which interferes with recreational use of lakes, and the water clarity was above the level. Using the "Lake Qualify Report Card" scale developed by Dick Osgood, (the scale uses the phosphorus and chlorophyll a concentration and the Secchi disk depth), the bays would be given the following grades In 1995,1996. and 1997: SITE 1995 GRADE 1996 GRADE 1997 GRADE 1998 GRADE Wayzata Bay Lower Lake North Lower Lake South Lafayette Bay Nortfi Arm Crystal Bay Ma)(well Bay St. Albans Bay West Upper Lake Cooks Bay West Arm Jennings Bay Halsted Bay Browns Bay Spring Park Bay Stubbs Bay Forest Lake Harrisons Bay A A A A A/B A/B A/B A/B B/A B/C C C/D D A A A A/B B B/A B A A/B B/A C/D C/D D A .VB A A B/A A/B C/B A A/B B/C C D/C D/C A B/A C/B C C A A A A/B B/A A/B C A B/A B/A C/D C/D D/C A/B A/B C D/C C/D As the Table shows, all bays either decreased in qualify from 1997, or remained the . same. In general, the water quality decline was caused by an increase in the chlorophyll a concentration, and a subsequent decrease In water clarity from 1997 levels. There was very little change in the total phosphorus concentration in most bays from 1997 to 1998. As was the case in 1996 and 1997, the total phosphorus grade for most of the bays was lower than the Secchi disk and chlorophyll a grade. Maxwell Bay has shown a consistent decline In water qualify since 1995, the first year of this four year monitoring program. As the table shows, the bay declined from a grade of A/B In 1995 to a grade of C in 1998. This decline may be due to water entering Maxwell from the upstream Stubbs Bay, which has very poor water qualify. This trend is of concern, since the same problems could occur in other high quality bays like Crystal, Spring Park, and West Upper Lake, which are downstream of poor water qualify bays. •n (2*c (D Location roo o O U. •V O W*o c (/> 'c (Q o>o CDo oo roo o CD 7T O 3 3 <D O 3 (O CD 00 •n c5*c o Location o o p in inooo O 55* X* O (0 *D M o ro in CJ o in 4^ o s SI-S (D « 3G. 3 S <D 2 O w 3 O fi) 5 <o ^ (O 00 ^OA:T (2) 1998 Summary of Lake Activities and Sources Total Boats Counted: 15,360 Average boats per weekend flight from May 25 through September 5: 1,097 Minimum boats observed: 243 on May 30 Maximum number of boats observed: 1,550 May 25 (Memorial Day) see figure 1 Most Heavily utilized lake area (as a percent of total weekend activity) was Lower North Lake, on average accounting for 20.79% of boating activity. Least Heavily utilized lake area (as a percent of total weekend activity) was Echo Bay, on average accounting for 0.07% of boating activity Public accesses (trailers and car toppers) sourced 26% of total aggregate boats on the water Marinas and Yacht Club slips sourced 23% of the total aggregate boats on the water Municipal Docks sourced 17% of the total aggregate boats on the water Homeowner Associations sourced 12% of the total aggregate boats on the water Rental Boats sourced 1% of the total aggregate boats on the water The remaining 21% was contributed by fee launches through marinas, undesignated accesses not monitored and the accumulation of errors for all categories. * Summary- tables and figures are presented in Appendix A. \__1 L \—} I___\ \__J L-j I__i i__; L .1 i__j 1 __L-. I L ..J •— J .J 1998 Daily Total Boats and Average 5 S 1800 1600 1400 - 1200 -- 1000 -- 800 600 400 200 0 -I- 15S0 5/25 5/30 1528 6/13 6/20 7/18 7/25 7/26 Date 8/1 8/9 8/15 8/29 8/30 9/5 Figure 1 r«T!Total Daily Boats Daily Average Boats \__J I V... .J I__5 I- -• L.I i I I .1 L.I ’ • ■I .. •* ••• • ‘ I •••__I Figure 2 Historical Trend Maximum and Average Boat Counts For Weekend and Holiday Flights 25 20 t • ! —1. ' 11 ; ii i : ! ii 1 1_____1 L--------: i I I I ! I 2256! ■t Data from 1973 to 1980 are from single day ground surveys 'f913| (0 9 CO 15CD *o 0) 2-0 0) § JQ ^ 10 ' [ '2252 2142 1833^ -1. 836 1 -i- -t- T i-------h ; ; I ' I ! 829 . 1073 1977 1981 1985 1989 2115 1993 -t- 550 -4 a 1- t I Maximum Average 1998 1975 1979 1983 1987 1991 1995 * Data from 1973 to 1983 are single day observations YEARS ♦Historical peak flight of July 4th holiday for 1998 was cancelled due to rain * 1996 Average is for 8 weekend/holiday flights counts • Data from 1981 to 1998 arc aerial observations 1998 Average is for 14 weekend/holiday flights counts r LAKE MINNETONKA CONSERVATION DISTRICT BOARD OP DIRECTORS 7KX> PM, Wednesday, December 9, 1998 Discuuion of draft 1998 Lake Biinnetonka Boat Density Survey. Meg Jeffrey, representing Schoell & Madson. W2is in attendance to provide an overview and answer questions of the draft 1998 Lake Minnetonka Boat Density Survey. She noted this was the second time she has worked on this Report because she assisted in the 1996 Survey. She provided an overview of the 1998 Summary of Lake Activities and Sources, noting: •The total number of boats counted was 15,360, with an average number of boats per weekend flight of 1,097. •The maximum number of boats observed was 1,550 on May 25 with a minimum number of boats observed of 243 on May 30. She noted historically, the maximum number of boats observed occur on the July 4th weekend; however, the flight was cancelled due to inclement weather. •The most heavily used area of the lake was Lower Lake North with the least heavily used area of the lake being Echo Bay. •Aggregate boats on the water breaks down to 26% from public accesses. 23% from marinas and yacht club slips. 17% from municipal docks, 12% from homeowners associations. 1% from rental boats, and 21% from other sources. She noted the other sources consisted of fee launches through marinas, undesignated accesses not monitored, and the accumulation of errors for all categories. She asked the Board for questions and comments. Foster questioned what category riparian homeowners fell into on 1998 aggregate boat sources? Jeffrey stated she believed that riparian homeowners fall into the category of other a^regate boat sources. Foster stated he believed this should be footnoted in the Historical Trend Chart. Figure 2, and on the pie chart that breaks down Aggregate Boat Sources. Babcock noted one difference in the Report this year is that boats associated with licensed homeowners associations have been separated from riparian homeowners. He stated he believed this separation of data could be beneficial in trend analysis in the future. McMillan questioned how this survey compares to past years. Jeffrey reviewed the Historical Trend Table noting that maximum number of boats observed was 1.550 and the average number of boats observed was 1.097. She stated maximum munbers of boats observed are down from past years due to the scheduled flight on the July 4th weekend being scrapped. She noted the numbers observed on this weekend in previous reports were generally around 2.i Foster stated the flight scrapped on the July 4th weekend has great significance and should be properly footnoted on the Historical Trend Table. McMillan stated it might be appropriate from a statistical standpoint to throw out the highest and lowest numbers of boats counted. Jeffrey stated she believed that would need to be checked with Tim Kelly, a MN DNR Planner, who assisted in this project. Foster stated the District has accumulated a good collection of data and trends over the years from these surveys. He suggested the District might want to consider further analysis of this data and trends collected. L (9 LAKE IbONNETONKA CX>NSERVATION DISTRICT BOARD OP DIRECTORS 7:00 PM, Wednesday, January 13, 1999 D. Ordinance Amendment, Continuation of third reading of an ordinance relating to launching of watercraft infested with zebra mussels (previously discussed at 12/9/98 Board meeting). Babcock introduced the agenda item noting he believed two issues need to be resolved. He stated they are whether the 30-day drying period is appropriate and how the District could work with the MN DNR on inspections. Suerth stated that based on the feedback he had received, he was comfortable with a five to seven day drying period requirement. Partyka and Babcock stated they believed a 15-day drying period is more appropriate. Nybeck stated one reason why the third reading of this draft ordinance amendment was continued at the 12/9/98 Board meeting was to get feedback from Doug Jensen of the MN Sea Greuit Program. He noted Jensen concurs with Gary Montz, MN DNR Zebra Mussel Coordinator, that the best means of reducing the introduction into Lake Mirmetonka is a hot washdown and inspection. He added that Jensen believed a drying period should not be required after this because this would not increase public participation in the program. He concluded that Jensen stated no matter what the District requires, there will be inherent risks. LeFevere stated at the 12/9/98 Board meeting, it was suggested to allow "appropriately trained persons recognized by the LMCD" in addition to MN DNR staff to conduct inspections. Babcock stated it might be appropriate to amend the draft ordinance to state "or LMCD" rather than "appropriately trained person recognized by the LMCD". Suerth asked what training would be involved if the commercial facilities on the lake agreed to have trained personnel on location. '»»y“rrimair i rmni Montz stated the MN DNR does not currently have any formalized training procedures in place to certify training. He suggested the best way to train people is to observe washdown of a boat pulled out of the St. Croix River and to identify where to look. He added people could be trained to work with personnel at public accesses on boats coming in 2ind going out of Lake Minnetonka. Suerth questioned whether a District employee could be certified to conduct this training. Montz stated he believed that could be done. McMillan stated she be’ieved if the boat is properly cleaned, a seven day drying period is sufficient. She added she believed 15 days is too restrictive and questioned how the ordinance would relate to state law. LeFevere stated last summer when the boat was trallered to Minnesota with zebra mussels, staff was not comfortable in determining whether the boat was safe to launch. He noted the ordinance takes additional preventative steps beyond the removal of visible adult zebra mussels. Montz stated if the MN DNR does not see any visible adult zebra mussels on a watercraft, they have no grounds from stopping an individual from launching it. He added if the MN DNR has some inclination to believe there are adult mussels that are not visible, he would be inclined to convince them they should keep their boats out of the water on a voluntary basis or to spray them down. LeFevere stated he believed in most cases, the public will generally comply with the desires of the District without this ordinance. He noted this ordinance is for the small percentage of people who do not wish to comply. MOTION: Rascop moved, Partyka seconded to amend the third reading of the ordinance amendment by requiring a 15 -day drying period rather than 30. VOTE: Ayes (9), Nayes (2, Foster and McMillan); motion to amend passed. Rascop questioned where 140 degree fahrenheit cleaning should be mentioned in the draft ordinance amendment. He noted it currently is not mentioned and maybe should be. LeFevere stated a hot water cleaning washdown is one option for the expert to consider when determining whether to give an opinion on the presence of mussels. MOTION: Foster moved. McNuilan seconded to amend the amended motion to reduce the drying period from 15 da)^ to seven. Foster state ' he believed this would encourage voluntary compliance and it is being recommended by the MN DNR. VOTE ON: Ayes (3; Foster. McMillan, and Ambrose): Nayes (8): motion to amend MOTION: amended motion failed. The Board agreed to add to the ordinance amendment the language "or the District" behind MN DNR under condition two MOTION: Rascop moved. Partjica seconded to approve third reading and adoption of the draft ordinance amendment, as amended. VOTE: Ayes (8). Nayes (3; Foster. McMillan, and Ambrose); motion carried. McMillan recommended the District educate the public and provide incentives to get their participation. Suerth concurred there is a need to hire a part-time position to get the efforts started that McMillan is recommending. He stated he would be presenting a workplan to the Board in the near future relating to this. Babcock stated he would support this provided there are goals and objectives with an established position description. * LAKE MINNETONKA CONSERVATION DISTRICT 18338 Minnetonka Blvd. Deephaven, MN 55391 745-0789 EXECUTIVE DIRECTOR’S NEWSLETTER Gregory S. Nybeck January 27,1999 • Offjgg Relocation! The LMCD office was relocated to 18338 Minnetonka Blvd, Deephaven, MN 55391 on 9/25/98. Our new telq)hone and fax numbers are 745-0789 and 745-9085 respectively. An Open House was held on 11/19/98 for District member communities and the public to become acquainted with the new location. Those who could not attend the Open House are encouraged to visit the new office when in the vicinity. • Exotics Management! The LMCD Board awarded at its 8/12/98 mv‘*eting a contract with Minnesota Bearing Co./Air Hydraulics Systems, Inc. and Cummins Diesel Service to conduct a major overhaul of the four District harvesters. The current fleet is ten years old and has not had oveihaul work conducted on it. At the 1/13/99 Board meeting, EWM Project Manager Gene Strommen iqwrted the vast majority of the work to be completed on the refurbishing of the equipment was completed in the fall. Some of the work completed included evaluation of the diesel engines, rebuilding of the hydraulic systems including the power systems and thrusters, inspection and replacement of all hosing (when needed), and the r^uilding or rq>lacing of the front-end rollers or cutters. To date, $60,983.70 has been spent on this project, with an additional $4,000 estimated in the spring to complete it. This work is being funded with Equipment Dq>reciation funds. I The Board has expressed continued concern regarding the introduction of zebra mussels into Lake Minnetonka. The Board at its 1/13/99 meeting adopted an amendment to Code relating to this. With the adoption of LMCD Ordinance 160, no person may introduce into or operate on the lake any vehicle, watercraft, trailer, or other object which has had affixed or attached zebra mussels until they have been cleaned of all visible or discoverable mussels. In addition, the public would also need to either secure an opu..on from the MN DNR, or the District, that there are no viable zebra mussels, or allow for a 15-day drying period, prior to launching into the lake. This Board is currently considering complementing this effort with a proactive Work Plan for 1999 on educating the public on zebra mussels. • “Save th«» Tjikc” Recognition Banquet! The 32 “* anniversary “Save the Lake” Recognition Banquet is scheduled for Thursday, February 11,1999 at Lord Fletchers of the Lake. The program includes a featured presentation by Lake Minnetonka Historians Darrel and Lavem Leipold, recognition of the Special Deputy Award recipient, and 1999 LMCD Program Priorities. For those interested in attending, reservations need to be received in the District office by 2/4/99. • On-pning Licenses: District staff has recently inspected all licensed deicing installations on the lake, .-lesults of these inspections, with related correspondence, have been forwarded to EXECUTIVE DIRECTOR’S NEWSLETTER, 1/27/99, PAGE 2 the licensee and the affected municipality. District staff is currenUy processing all new and renewal without change applications for licensed multiple dock facilities on the lake. New and renewal applicadons for charter boats and associated liquor, wine, and beer licenses have been sent out and are due in the District office in the near future. Related correspondence to these on-going licenses will be forwarded to the member cities at our earliest convenience. BU Hawks PwthyWK; The civil lawsuit filed by Mr. Hawks against the LMCD challenging LMCD Code Section 2.12, Subd. 2 was dismissed in Hennepin County District court on 5/26/98. Also, the Court ruled favorably for the countersuit filed by the LMCD seeking an injunction requiring the storage boat to be removed from Lake Minnetonka. Mr. Hawks was directed to either remove the storage boat from Lake Minnetonka or to convert it into a houseboat. Mr. Hawks has appealed the 5/26/98 Hennepin County District court ruling and the ca» was heard by the Court of Appeals on 12/16/98. The Court of Appeals has 90 days to decide on the matter. Further details will be provided when available. ytbPagCi The LMCD WebPage address is: http.7/www. wintemet.com/~lmcd/ .•s .0 I pI 3 04 1 eo*an tu ^Lu ^ s 00 osoc O I3 .UiJ Sf 1 a 0 ‘3 • 0 .1.1a1II o lilt S!1 I" «k uz §1 fill 22 1 < o 8 o S3 Q 2: 01 8 ao C«# 0. u«ia* 8««a C4 c« M •«a a I*" 00% § iss4^ Je S lyf A CQ gi 1^ le O U 01 iir ill!* 8 u U K ^ 1 2 ill^!■ ofi &8:1 a^ s 5.S S’ H < < u« a. 'ct^2 C/3 II 12 (/)z: u M a d Hiiliiiinirbaa s2 = 2:s2asoS|| = 525aIO 'O 00 aC*z;u u «o o 00000000000000 REQUEST FOR COUNCIL ACTION COUNCIL Mcctimq IfEB 8 1999 CITY OF Unu/^u DATE: February 1,1999 ITEM NO.: Depantr.ent Approval: .q/v Name Michael P. Gaffron Administrator Reviewed:Agenda Section: Zoning Title Senior Planning Coordinator Item Description: #2425 Sid & Barbara Rebers / Jean Mork Bredeson (Service 800, Inc.) - Request for Final Subdivision Approval - Resolution - Revised Site Plan Approval - Amend Resolution Application: Conversion of Outlot E, Sugar Woods to buildable lot status. Lbt of Exhibits A * Final Plat Approval Resolution B - Final Plat Drawings C - Applicant's Letter of 1-29-99 re Building Flip Option D - Notice of Council Action 1 -27-99 E - Site Plan Options Submitted by Developer; 1. Temporary Access 2. Driveway Access per Option 1 or 2 3. Fallback Option (Not submitted as of this writing) F - Staff Access Options Up>date Handout 1-25-99 G - "Special Assessment Agreement" H - Draft "Road Agreement" by Applicant's Attorney I - Memo and Selected Exhibits of January 21,1999 J - CUPA^ariance/Site Plan Approval Resolution No. 4206 K - Punchlist amended 1-29-99 On January 25 Council tabled this item at the request of the developer after giving staff and the developer general direction to proceed with the program outlined in the update memo of January 25. Council also indicated the applicant should give fair consideration to the option of flipping the site plan and entering fi'om the west midway up the side lot lir e. Jean Mork Bredeson has indicated she and her consultants have reviewed the option of flipping! the building. She has submitted a letter discussing specific reasons why that option is undesirable. Staff has been in contact with MnDOT as noted below, and it seems likely the turnback option is still feasible (see below). The applicant is requesting that Council approve the final plat, which approval could potentially be granted subject to a number of conditions which would \ ave to be met either before filing of the plat, before issuance of the building permit, or by specified dates. A resolution has been drafted %vith a number of contingency conditions. #2425 Rebers/Service 800 February 1,1999 Page 2 Summary of Proposed Access Solution City \vill grant final plat approval, and allow a temporary Service 800 access at existing mid-point curb cut, subject to provision of all required easements, agreements and financial security prior to filing of plat and prior to issuance of building permit, per the following: (Required agreement document submittals in bold) Reconveyance to Otten 1. Otten will attempt to acquire fee titie to triangle in next 30 days ±. 2. If he is successful, he will request that MnDOT reconvey triangle to Otten. 3. City will support the reconveyance to Otten if Otten agrees to (a) dedicate a 70’-wide road right-of-way to City in triangle, and agrees to (b) grant a driveway easement to Service 800. Turnback to City 4. If Otten can't acquire fee title to triangle in next 30 days, Orono and Long Lake will apply to MnDOT for a turnback of their highway easement to the City of Long Lake for use as a public road. 5. City will require that Service 800/Otten build whatever level of road is necessary to satisfy MnDOT that the turnback is for road purposes, and to satisfy City requirements for a public road. Service 800 and Otten must agree (c) to pay costs of constructing such road, and provide financial security for same. 6. City will allow Service 800 driveway access to the front of building per revised front parking layout. Long Rear Driveway Fallback Option 7. If neither conveyance nor turnback happen within 1 year. Service 800 must ultimately build a driveway to rear of site across Otten property. 8. To allow this to occur if deemed necessary, Otten must now grant (d) an easement to Service 800 over east end of Otten property. This easement can be written to be extinguished if either reconveyance or turnback options succeed. 9. Service 800 must also now establish (e) security (letter of credit) to ensure this driveway will be built if required. Applicant's attorney has submitted a draft Road Agreement which addresses some of the above document requirements. Mr. Barrett will be reviewing this and advising applicant's attorney of necessary revisions and/or additions. #2425 Rebers/Service 800 February 1,1999 Page 3 MnDOT Position Update re: Turnback In discussions on February 1 with Jim Kirchner of MnDOT, staff was advised it appears that MrDOT will approve a turnback once the City (Long Lake)makes an application for a permit for a public road. Kirchner indicated that the City would then have the ability to have the road construct'd to whatever standard the City \sishes, and would have th.e ability to allow the quick right-turn driveway. It appears that this option will be feasible if the reconveyance to Otten does not occur. Status of Site/Grading Plan Submittals The developer provided a slightly revised site plan which moved the parking along the south side of the building to the south side of the lot, allowing the access to be located approximately 20' further north than in the originally approved site plan. The site layout would follow this plan for Options 1 or 2. A temporary site plan for the existing curb cut was also provided. No "Fallback Option" site plan has been submitted as of this writing. The developer has been asked to submit a plan for this option so the City Engineer can establish an appropriate amount for the letter of credit to cover this contingency. The developer has also been asked to address how drainage will work under the "fallback" option, which if constructed would add a significant amount of additional hard surface both on and off the site. The CUP/variance/site plan approval Resolution No. 4206 adopted in December may need to be slightly revised to address the revised Option 1/2 site plan, and also to address the fallback option should that option be required. Related Topics The City Attorney has recommended that the City accept the Special Assessment Agreement document as presented in December, although expressing some doubt about its authority to bind a future purchaser. This Agreement waives the property owner’s rights to contest the amount of a future assessment for a future rear service road, in exchange for not having to provide a letter of credit. The park fee is established at $10,021’ per the updated ordinance. A punchlist of items to be completed prior to filing of the plat and prior to building permit issuance is attached as Exhibit K. #2425 Rebers/Service 800 February 1,1999 Page 4 COUNCIL ACTION REQUESTED Review the findings and conditions of the final plat approval resolution and any other topics of concern. Final plat approval, if granted, will be subject to a number of conditions intended to ensure that the access will ultimately be constructed across from Brimhall, with all pertinent documents to be approved by the City Attorney. If Council is satisfied that all concerns are resolved, the final plat approval resolution may be adopted. Council should also direct staff to amend the site plan approval resolution as necessary to accomodate the potential access options.. I A RESOLUTION APPROVING THE PLAT OF SUGAR WOODS 2ND ADDITION FILE NO. 2425 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the subdivision application of Sidney and Barbara Rebers and Green Valley Associates, Inc. (hereinafter "the subdividers'') for the purpose of converting Outlot E, Sugar Woods to buildable lot status; and WHEREAS, the subdivision has been found to meet all standards of the B-1, Retail Sales Business District finding that the proposed conversion of said Outlot E to Lot 1, Block 1, Sugar Woods 2nd Addition yie.ds a lot of a size and configuration that would allow for development of a commercial use without the need of any variances; and WHEREAS, the subdividers have completed all requirements of the platting regulations of the City, including: 1.Completion of all the requirements of Resolution No. 4182, the resolution granting preliminary approval of the subdivision. 2.Dedication on the plat of standard perimeter drainage and utility easements, including a utility easement 14' in width along the westerly property boundary over the existing municipal water main line. 3.Granting to the City of a Drainage, Utility and Trail Easement over Outlot D, Sugar Woods. 4. Creation of a portion of future public road corridor designated on the plat drawings Page 1 cl as Outlot A, and granting to the City of a permanent Road, Drainage, Utility and Trail Easement over said Outlot, to allow for the future use of said Outlot for public roadway and trail purposes. 5.Provision of information that the stormwater pond in Outlot F, Sugar Woods, is designed and constructed to accommodate the stormwater flows from development of Lot 1, Block 1, Sugar Woods 2nd Addition. 6.Provision of evidence of stormwater management plan approval from the Minnehaha Creek Watershed District. 7.Payment to the City of a park dedication fee in the amount of $10,021 for Lot 1, Block 1, Sugar Woods 2nd Addition. 8. Payment to the City of legal review and filing fees in the amount of $200.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Sugar Woods 2nd Addition, Hennepin County, Minnesota, subject to the following conditions: 1.Lot 1 shall be allowed to use the existing right-in/right-out access to Highway 12 on a temporary basis until such time that an alternative access directly across from Brimhall Avenue is established, as follows: a.The temporary right-in/right-out access at the existing curb cut shall be allowed for no more than one year from the date of adoption of this Resolution. b.No later than one year from said date of adoption, the subdivider shall abandon the midpoint right-in/right-out access and shall construct a new access across from Brimhall Avenue per one of the following three options: On an easement over the Otten triangle property if Otten is successful in acquiring fee title to the triangle and in having MnDOT reconvey said triangle to Otten; or Page 2 of 4 2. 3. 4. On City right-of-way if the City is successful in having MnDOT turnback the right-of-way easement over the triangle to the City for public road purposes; or On ar easement over Lot 2, Block 1, East Willow Woods (Otten Property) entering Lot 1, Block 1, Sugar Woods 2nd Addition at a location near the north end of said Lot 1. c.The developer shall provide all easements, agreements and financial security necessary to guarantee to the satisfaction of the City Attorney that Option #3 noted above will be completed if neither Options #1 or #2 can be successfully completed. The right-in/right-out access of Lot 1 to Highway 12 at Brimhall Avenue is approved on a permanent basis. The ieft-in/left-out access of Lot 1 to Highway 12 at Brimhall Avenue is approved on an interim basis. At such time as a frontage road is installed to provide alternative access to Lot 1, the City shall have the right to terminate the right-in/right-out access at Brimhall Avenue upon payment of just compensation and the right to terminate the left-in/left-out access at Brimhall Avenue without payment of any compensation; provided that Lot I's access to Highway 12 will not be terminated unless the Highway 12 accesses of the other parcels served by the frontage road are similarly terminated. The City reser\'es the right to control access to Lot 1 from the Wear property directly east of Lot 1 in the commercial site plan review process. Applicant shall, if found necessary by the City, place barriers to prohibit access from the Wear property. Lot 1 shall bear the total reasonable costs of constructing the portion of the frontage road directly adjacent to Lot 1. If the frontage road is built, the owner of Lot 1 reserves the right to contest the necessity and feasibility of the frontage road improvement. The subdividers and City have executed a Special Assessment Agreement to guarantee that the owner of Lot 1, Block 1, Sugar Woods 2nd Addition will bear such reasonable costs. Page 3 of 4 1 5. Prior to City release of the plat for filing, applicant shall provide evidence of fee ownership of the property in a form acceptable to the City Attorney, and applicant shall meet any other title requirements as may be required by the City Attorney. 6. Applicant shall provide all documents noted in this resolution in a format acceptable to the City Attorney prior to release of the plat for filing. 7. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before August 8,1999 together with a certified original copy of this resolution and executed copies of the easements, deeds and covenants noted above. The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 8th day of February, 1999. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN Gabriel Jabbour, Mayor ) )ss. ) The foregoing instrument was acknowledged before me on this 8th day of February, 1999 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 4 c r Januai>* 29, 1999 Mr. Mike GafTron Cit>'ofOrono 2750 Kelle>' Parkway Orono.MN 55356 Dear Mr. GafTron, «'f; I.' As you know, the possibility of our relocating the |»oposed SERVICE 800 building to the east side of the Rebers property was raised again during the Orono City Council meeting on January 25. Since the last Council meeting, our project team has again rmisited the placement of the building We continue to beliexe that placement on the west side of the property is the best use for the following reasons. Aesthetics 1. Placement along the west pre^rty line will provide a visual separation between the new building and the e.risiting Wear properly. When the Wear property is rede\eloped in the future, ha\ing the SERVICE 800 building on the west property line will allow Orono and that de^xloper the greatest planning fle.\ibility. 2. The mature trees along the west and north sides of the property create a natural building site where the new builing can look out onto trees rather than parking lots. Preservation of e.\isiting growth and ma.ximizing green space 1. Placing the building on the east property line with parking WTapped on the south, west and north, and immediatly ne.\t to Wear parking would create an effect of **building as an island in a parking lot? Little green space effect would remain. 2. Placing the building along the west line will result in complete preseiration of the e.xisiting wtxxled areas along the west and north sides of the property. 3. Placing the building along the east line and accommodating a driveway midway up the west property line would require stripping out a 40-60 feet swath of the mature trees. B B Creative Resources to Monitor Customer Satisfaction Every Day SERVICE 8oo, INC./Ao«^6 i2-475-3747 /uf6l2-475-3773 itI Practicality 1. The natural grade of the pnqierty is such that the highest point is the northwest comer. Placing the building on the east side would result in additional grading, and retaining wall(s) and fencing would be required along the north property line. 2. Since the water and power lines run along the west side of the propert>*, placing the building on the west allows for the most efifecient access to ser\ ices. 3. If the building was relocated to the east property line and the driveway entered the propert}* on the middle of the west line, the best location for the building's main entrance w ould be in the middle of the west side. Since the building has alread>’ been comfrietely pbnned including interior layout, that effort would have to be scrapped and the entire building would have to be reengineered. 4. Due to Orono's standard process of Planning Commission Re\iew plus two Council Rc% iews, re­ submitting applications for the building on the east property line would cause an additional 6 week to 2 month delay in the project Ihank you for consideration. Sincerely, Creative Resource! to Monitor Customer Satisfaction Every Day B B SERVICE 8 0 0, INC./.W612-475-3747 /w6 i2-A75-3773 CITY OF ORONO P.O. Box 66 Cry stal Bay, MN 55323 473-7357 TO: Sidney & Barbara Rebers c/o Rebers Construction Co. 3525 Webster Avenue South St. Louis Park, MN 55416 Jean Mork Bredeson Service 800, Inc. P.O. Box 900 Wayzata, MN 55391 cc: Tom Barrett, City Attorney Ron Moorse Greg Gappa Joe Lynch, City of Long Lake TYPE OF APPLICATION: Subdivision DATE OF MEETING: January 25,1999 COUNCIL ACTION - MOTION To table at applicant's request. APPL ICATION NO. #2425 NOTICE OF COUNCIL ACTION Date of Notice: January 27,1999 COPIES: Stephen Pflaum, Attorney Leonard, Street and Deinard 150 South Fifth Street Suite 2300 Minneapolis, MN 55402 Rich Kiemen KM Building Co. Inc. 16/0 Central Avenue NE Minneapolis, MN 55413 Cliff Often 2350 W. Wayzata Blvd. Long Lake, MN 55356 VOTE: 4 FOR 0 AGAINST Councilmembers confirmed again that the access to the Service 800 site must be across from Brimhall. Members expressed general acceptance of (but did not take formal action on) the proposed 3-option plan for establishing such an access. These options are detailed in the attached sununary sheet. The follo^\1ng is a short review of the City's minimum requirements for each of these options: Option 1 - Reconveyance of triangle to Often: a.City will wait 30 days before proceeding with formal request for turnback, to allow Often time to attempt to acquire fee title of the triangle from the Daniels heirs. b.The City will only support a reconveyance to Often if Often commits via written documentation that he will grant to the City the necessary 70' right-of-way corridor over the triangle for a public road, and easements ever all existing utilities. i Notice of Council Action January 27,1999 Page 2 c.Otten must commit to granting Service 800 an easement to have a driveway within the triangle east of the 70' right-of-way. d.Service 800 must commit to build the driveway within the right-of-way corridor and within said easement. Option 2 - Right-of-way casement turnback to City (technically to Long Lake): a.If MnDOT ultimately requires that a public road of specific standards (construction/materials/length, etc.) must be in place before the turnback occurs, Service 800 and Otten must commit to pay the costs of constructing that road, or construct it themselves to the required specifications. Option .3 - (Fallback Option) - Service 800 access at NW comer of site via Otten easement: a.This option must be committed to by Otten and Service 800 in order for final plat approval to be granted (and pennits issued) prior to Options 1 or 2 being finalized. b.Otten must commit to grant Service 800 an easement to construct a driveway through Otten property to the rear of the Service 800 building. c.Service 800 must commit to constructing that driveway if Options 1 or 2 fail to occur, and must incorporate these costs into the letter of credit for the development. Council strongly encouraged the applicant to give fair consideration to the option of flipping the site plan, accessing via a driveway over the existing Otten easement. This item will be scheduled for the Monday, Febrxiary 8,1999 Council meeting. The meeting begins at 7:00 p.m. In order for the Council to grant final plat approval on February 8, all parties must have provided written commitments for the above specified items by Wednesday February 3, and such commitments must be found acceptable by Ae City Attorney. If you desire certified copies of the official Council minutes, they are avtulable from the City Clerk after review and approval by the City Council. '! r Ic i /vcc,ess TO b. 3. c. City can/wll deve’.op a section of road in the triangle (if required by MnDOT in order for turnback to occur) to City specs for 1 or more users, extending to the Otten property for future connection to a continuation of said road when Otten develops. City wall grant an administrative variance to Section 6.05 Subd. 10(D) to allow the access driveway into Service 800 site to be less than.100' from the intersection. Anticipated schedule to complete turnback: 60-days minimum for MnDOT staff review possible access permit after staff review additional 30-90-? days to complete turnback process, depending on MnDOT requirements for public road construction Potential Pitfalls: MnDOT staff might find a reason they won't approve a turnback MnDOT may require that the public road must be built and open to public travel before they will allow a turnback FALLBACK OPTION. To satisfy City demand that access be across from Brimhall, Service 800 would be prepared to build a driveway across Otten's property to the northwest comer of the Service 800 site. Although not preferred by staff nor Service 800 nor Otten, this option would be locked in if the turnback and reconveyance options fail to gain MnDOT app. val. To make this option feasible as a viable 'fallback' option: a. b. c. d. Otten would have to grant Service 800 an easement to the northwest comer of their site. Service 800 would have to commit to building this driveway by establishing a letter of credit to cover the costs of driveway construction. Easement and letter of credit could be extinguished at the time Options 1 or 2 happen. City would have the ability to require construction of this driveway by a date certain if Options 1 or 2 ultimately will not happen. Anticipated Schedule: Prior to Sugar Woods 2nd Addition final plat approval (say by Febmary 8, 1999) Otten would provide easement to Service 800. Letter of credit required prior to issuance of building permit for Service 800 building MnDOT could/would issue permit for this access in this configuartion at any time. City would require this access be built within 60 days of determination that Options 1 and 2 are not going to happen, or within 1 year of final plat approval if no progress is being made on Options 1 or 2.. f SPECIAL ASSESSMENT AGREEMENT This Agreement is made this__day of December, 1998, by and between the City of Orono, a Minnesota municipal corporation (“City”) and Green Valley Associates, Inc., a Minnesota corporation (“Developer”). Recitals A The Developer is the fee owner of Outlet E, SUGAR WOODS, except that part shown as Parcel 342A, Minnesota Department of Transportation Right-of-Way Plat No. 27-70, Hennepin County, Minnesota. T' * Developer is replatting said land into SUGAR WOODS 2ND ADDITION, consisting of Lot 1, Block 1 and Outlot A. B. The Developer intends to develop Lot 1, Block 1, SUGAR WOODS 2ND ADDITION, with an ol£ce building. The Developer is granting to the City a perpetual easement for street, trailway, utMity and drainage purposes over all of Outlot A, SUGAR WOODS 2ND ADDITION. The City already holds easements for street, trmlway, utility and drainage purposes over all of Outlot D, SUGAR WOODS. C. On October 26,1998, the City renewed its preliminaiy plat approval for SUGAR WOODS 2ND ADDITION by passing Resolution No.______. Resolution No.______ contemplates the possibility of the future installation of an east/west frontage road north of Wayzata Boulevard between Brown Road and Willow Dr^e (“Frontage Road”). Paragraph 4 on page 7 of Resolution No.reads as follows: Lot 1 [of Block 1 of SUGAR WOODS 2ND ADDITION] shall bear the total reasonable cost of constructing the portion of the frontage road directly adjacent to Lot 1. If the frontage road is built, the owner of Lot 1 reserves the right to contest the necessity and feasibility of the frontage road improvement. The [City] Council will require at the time of final platting security in the form of a cash escrow, letter of credit or other form of security acceptable to the City. 1750149.01 Printed 12/14/98 4:08 PM E. The Developer has requested that the City Council waive the above-described requirement of a cash escrow, letter of credit or other form of security, because the frontage road might not be required and because the City has the power to levy special assessments to defray the cost of the frontage road. The City Council is vdlling to waive the above-described requirement, but only if the Developer executes this Special Assessment Agreement. Aereemcnt 1. The City hereby waives the requirement for a cash escrow, letter of credit or other form of security described in Recital D above. 2. The Developer (on behalf of itself and all future owners of Lot 1, Block 1, SUGAR WOODS 2ND ADDITION) hereby waives in advance its right to claim that the amount of the special assessments levied against said Lot 1 for the Frontage Road exceeds the increase in fair market value of said Lot 1 due to the installation of the Frontage Road, provided that one assessment formula is uniformly applied to all commercial properties along the Frontage Road and provided that the total of the specid assessments for the Frontage Road do not exceed the total cost of the Frontage road. 3. The Developer reserves the right to challenge the necessity, desirability or feasibility of the Frontage Road, 4. This Agreement shall inure to the benefit of and be binding upon the Developer, the City and their respective successors and assigns. Whenever fee title to Lot 1, Block 1, SUGAR WOODS 2ND ADDITION, is conveyed, the grantor shall notify the City of the conveyance and the grantee shall execute and deliver to the City an instrument confirming the validity of this Agreement and agreeing to be bound by it. Failure of the grantee to execute and deliver such an instrument shall not afreet the validity of this Agreement. 5. This Agreement shall run with the land and be filed with the Hennepin County Registrar of Titles. CITY DEVELOPER City of Orono By_______ Green Va^ey .^sociates, Inc. B' Mayor City Administrator lA IL eai^ork Bredeson, President 175014901 , 9 STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this__day of December, 1998, j the Mayor, and City of Orono, a Minnesota municipal corporation, on behalf of the city. , the City Administrator, of the [Notarial Seal]Notary Public STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) 5t The foregoing instrument was acknowledged before me this<^^ day of December, 1998, by Jean Mork Bredeson, president of Green Valley Associates, lu9.^a Minnesota corporation, on behalf of the corporation. [Notarial Seal] r ^ ^ AA/'/* ^ ^ ^ ^ ^ ^ ^O.R.8JOSTROM NOTARY FUEUC- fcV.ririESOTA Sy HENNEPIN COUNTY _ Coniffl. Expfr** J«n- 3i. 2000.OWW»v0VAA ArtlWW/WyVVS\V.V/WVO iz:'. _ _ THIS INSTRUMENT WAS DRAFTED BY: Hugh M. Maynard, Esq. Leonard, Street and Deinard 150 South Fifth Street, Suite 2300 Minneapolis, MN 55402 (612) 335-1562 1750149.01 FROM LEONARD. STREET .AND DEI HARD (MON) 2. 1'95 10:50.'ST. 10:49, X0. a:$04SS;99 ? ' ROAD AGREEMENT This sgrccnicnt is made this___ day of February, 1999, by and between Green Valley Associates, inc., a Ntinnesota corporation (“Developer”) and the City of Orono, a Minnesota municipal co^JOiation (“City”). fiecitalx The Developer is the fee owner and developer of that portion of Outlet E, SUG*^R WOODS, Hennepin, Minnesota, that is being platted as SUGAR W'OODS 2ND .ADDITION, consisting of Lot 1, Block 1 (“Service 800 Parcel”) and Outlet A. Service SOO, Inc., a Minnesota corporation, is an affiliate of Developer and will occupy the building to be built on the Service 800 Parcel. B.In the middle of the southerly boundary of Outlet E, SUGAR WOODS, there is an existing curb cut that provides access between the Service 800 Parcel arid Wayzata Boulevard. The City is willing to allow that curb cut to provide temporary access to the Service 800 Parcel pending acquisition and improvement of permanent access elsewhere. Permanent access between the Service 800 Parcel and Wayzata Boulevard will be over that p^ of Outlet I, LONG LAKE COMMERCIAL-INDUSTRIAL PARK, not occupied by Wayzata Boulevard (“Brimliall Triangle”). There arc three options for permanent access over the Brimhall Triangle that are accepuble to the City and the Developer. D.The Brimhall Triangle is owned in fee simple by the heirs of Franc P. Daniels. Sr., deceased and is subject to a Highway Easement in favor of the State of Minnesota dated July 15. 1927. E.The land cast of the Service 800 Parcel and north of the Brimhall Triangle is Lot 2. Block I, EAST WILLOW WOODS, Hennepin County, Minnesota (“Otten Parcel”). The fee owners of the Otten Parcel are Clifford Otten and Louise Otten, husband and wife (“Otten”). F.As a condition of final plat approval of SUGAR WOODS 2ND ADDITION, the City Council of the City of Orono has required that this Road Agreement be executed, so that the various road access arrangements will be described and agreed rpon. Agreement; In consideration of the fact recited above, one dollar and other good and valuable consideration, the Developer and the City agree as follows; 170732D.U1 nuaedl'l/W 10:32 A.M \ FEOM LEONARD. STREET AND DEIHARD (MON) 2. 1'9D 10:50/ST. 10:49 NO. <250433399 P 4 1. 2. 3. Temporar y Access. Temporary access between the Service 800 Parcel and Wayzata Boulevard may continue at the existing curb cut along the southerly boundary of Outlot E, SUGAR WOODS, until the earlier of (a) a tight of permanent access is acquired and a permanent access road is built pursuant to this Road Agreement, or (b) the first anniversary of the filing of the final plat of SUGAR WOODS 2ND ADDITION. Exhibit A is a sketch depicting temporary access to the Service 800 Parcel. Option 1 •- Reconveyance of BnmhuJl Triarn>1 e to Otten. T.*ie preferred method tor acquiring permanent access to the Service 800 Parcel is as follows: a. b. Otten purchases fee simple title from the heirs of Franc P. Daniels, Sr. Otten then petitions the Minnesota Department of Transportation (‘‘MnDoT'*) for reconveyance of the State’s casement over the Brimhall Trianele to them. c.Otten must grant the City a right-of-way through the Brimhall Triangle for a public road and public utilities. The right-of-way must be 70 feet vnde and the centerline of the right-of-way must be the northeasterly extension of the centerline of Bnmhall Avenue, as shown on Exhibit B. The easement document will be executed as soon as possible and the easement in favor of the City will become efifective when Otten acquires fee simple title to the Brimhall Triangle and MnDoT reconveys its highway casement to Otten. d.Otten must grant to the Developer a permanent easement for a private road between the 70-foot City light-of way in the Brimhall Triangle and the Service 800 Parcel, as shown on Exhibit B. The easement document will be executed as soon as possible and the easement in favor of the Developer will become effective when Otten acquires fee simple title to the Brimhall Triangle and MnDoT reconveys its highway casement to Otteu. e.The Developer must build its road in the City’s 70-foot right-of-way and the Developer ’s adjoining right-of-v/ay in th^ Brimhall Triangle as sho\Mi on Exhibit B. Option 2 — Turnback of Brimhall Triangle. If Otten does not achieve step 2.a by March 13, 1999 or if Otten does not achieve step 2.c by April 30, 1999, the next preferred method of acquiring access to the Service 800 Parcel is as follows: a.The City of Orono and the City of Long Lake will jointly petition MnDoT for “turnback” of the Bnmhall Triangle to the City of Orono for a public road to be owned by the City of Orono. b.The Developer will build an access road in the Brimhall Triangle between Wayzata Boulevard and the Service 800 Parcel as shown on Exhibit C. t7a7S29.0l FROM lEOSARO. STREET AND DEINARD IMOS) 2. r 99 10:50/ST. lO:4D-i:C.4260455399 f 5 4. c. If Md D oT requires that a public road of specific standards (length, materials, etc.) must be in place before the turnback occurs or vrithin a certain period of time after the turnback occurs, theii the Developer and/or Often must either commit to paying the costs of constructing that public road or construa it themselves to the required specifications. Option 3 — Fallback Option . If neither Option 1 nor Option 2 is implemented by February 1,2000 (“Deadline”), then permanent access to the Service 800 Parcel tvill be provided through the Biimhall Triangle and the Often Parcel as shown on Exhibit D as follows: a. b. c. Prior to execution of the final plat of SUGAR WOODS 2ND ADDITION by any municipal officials, Otten and the Developer must execute an easement agreement for a private road over the Often Parcel as show'n on Exhibit D. The easement rights will become eftective if neither Option 1 nor Option 2 is implemented by the Deadline. The easement will automatic^y expire if either Option 1 or Option 2 is implemented by the Deadline. The terms of the easement agreement must be acceptable to City staff and the City attorney. The Developer hereby commits to the City that, if Option 3 becomes necessary, the Developer will install its access road as shown on Exhibit D by June 1, 2000. If Option 3 becomes necessary and the Developer fails to install its access road as shown on Exhibit D by June 1,2000, then the City may install or complete the access road and charge all costs to the Developer. As security for Developer ’s obligation to reimburse the City, the Developer shall post an irrevocable letter of credit in the amount of S GREEN VALLEY ASSOCIATES, INC. Jean Mork Bredeson, President CITY or ORONO ni7S».<n FROM LtOKAED. STREET AND DEINARD (MON) J. rSD 10-.61/ST. 10:40,XO.-;;S0455399 P 3 FROM. LEQKARD. STREET AKO DEINARD (MON) 2. 1’90 10;51/ST. 10:43,N0.4260435o59 P OVtTl.W' B \ -^UTT_orr lir Z Ghvr tOodfeis '{/i» r-0 tlTY « (• ^ • • • 1 •• ■ ■ 'i ^ • ••<I f\’- ) . EXHIBIT I FROM.LZOXAD. cTREET AND DEI HARD (MON) 2. 1*99 I(h51/ST. 10:4$ X0.42S0433399 ?A0 7R0M.LZCNARD. STREET AND DEINARD (MON) 2. 1*99 lO.bl/ST. 10:49,-N0.42504S$399 F- 9 la TO (e-tTY lAi^Lu) tor Z 0hvr UOiuou^ (orreAJ^ KHIBIT I L REQUEST FOR COUNCIL ACTION DATE: January 21,1999 ITEM NO.: Department Approval: Name Michael P. Gafiron Title Senior Planning Coordinator Administrator Reviewed:Agenda Section: Zoning Item Description: #2425 Sid & Barbara Rebers / Jean Mork Bredeson (Service 800, Inc.) Access Update: Review of Options Application: Conversion of Outlet E, Sugar Woods to buildable lot status. List of Exhibits A - Options la/b/c: Easement Through Otten Property B - Option 2: MnDOT Easement Tumback/Reconveyance C - Option 3: Permanent Right-In/Right-Out at Existing Curb Cut D - Staff Letter to MnDOT January 19,1999 E - Developer’s Proposed Option 2 Parking Layout & Site Plan Revision F - Memo & Selected Exhibits of January 8,1999 On January 11 Council tabled action on final plat approval because the developers had not been able to obtain the required MnDOT permit for access across from Brimhall Avenue. Council directed staff to work with MnDOT and the developer to see if this issue could be resolved. MnDOT Meeting On Thursday January 14 staff and the developer's representatives met with MnDOT officials to review the issues and determine what options may be available. We learned that: - MnDOT would not approve the access as proposed because the driveway is essentially parallel to Hwy 12 while still in the right-of way. MnDOT requires that all accesses within their right-of-way be at an angle of no less than 60 degrees, i.e. nearly perpendicular to the highway. - MnDOT will approve an access that heads northward into Otten's property, and then turns right into the Service 800 site once it is past the right-of-way line (Option 1). This would require significant changes to the Serv'ice 800 site plan. MnDOT may look favorably on a reconveyance or turnback of the triangular portion of right-of-way (Option 2). In a reconveyance. MnDOT would conclude it no longer needs the triangle for right-of-way, and the property would revert back to the underlying owner (the r Service 800 Access January 21,1999 Page 2 identity of which is being researched by Rebers' attorney). In a turnback. MnDOT would 'transfer* its right-of-way easement rights to the city in which the property is located (Long Lake). In either of these options, MnDOT would no longer exert any permit authority over the triangle, so the local jurisdiction could approve a driveway that immediately turns right into the Service 800 property if it so desired. Regardless of how the access across from Brimhall is accomplished, MnDOT will require construction of an eastbound left-turn lane, and striping of a westbound right-turn lane, as well as signage, not at MnDOT's expense. If Otten gains access via this location to Lot 2, East Willow Woods, MnDOT will encourage, perhaps require, closure of Otten’s existing access point a few hundred feet west. Staff has forwarded a letter to MnDOT (Exhibit D) outlining our understanding of their position as described above, and requesting their confirmation that we have an accurate understanding of their position. No response has been received as of this writing. Developer/Adjacent Owner Options Discussion On Friday January 15 staff met with Jean Mork Bredeson, Sid Rebers, Stephen Pflaum, Rich Kiemen, and Cliff Otten to discuss potential options. Each option has impacts related to cost, timing, layout and use of the Otten and Service 800 sites. Option 1 (See Exhibit A) relies on Otten granting an easement to Service 800 along the east boundary of Lot 2, East Willow Woods. Service 800 would have to revise its site plan in one of tw o ways to make use of this easement: la) flip the building to the east side of the site, and have a driveway access entering halfway up the west side of the lot; or 1 b) leave the building as-is, but run the access driveway through Otten's property all the way to the back of the building, entering at the NW comer of the site. Option 1 a requires revisions to the site plan and grading plans, and construction of some additional driveway length. This option will require removal of the southerly 40' of existing trees along the east side of Otten's property. The existing easement granted by Otten to Rebers in 1997 would allow this option to occur. Option lb would require a long driveway through Otten's property and paving of the green space at the rear of the Service 800 building for access driveway. A potential benefit to the Service 800 Access January 21,1999 Page 3 City is that this driveway could provide direct access to the City wellhouse; the developer suggests that this may be a basis for City financial participation in the costs of constructing the driveway. Option lb requires that Otten grant an easement along the entire ea«?tem boundary of his property. This easement likely would have to be set back about 40' froui his east lot line to protect the existing tree buffer. In either option la or lb, the provision of an access into Otten's Lot 2 across from Brimhall would likely invoke a MnDOT condition that Otten's access further west in Lot 2 be eliminated. On January 20, Cliff Otten called to offer another proposal (Option Ic). He would like to acquire the triangle, and then grant the City a right-of-way along the east boundary of his site from Highway 12 to his existing east-west Outlot corridor, in exchange for the City extinguishing its easement within that Outlot corridor. This would make it virtually impossible for the City to ever have a service road connecting through from Brown to Willow. Such a plan would be a step backward, if the City has any expectation that the service road will someday be needed. Staff remains convinced that such a corridor may be needed in the future, and it would not be good planning to eliminate that option. Option 2 (Exhibits B & E) assumes that MnDOT would give up its easement authority over the triangular portion of right-of-way, and that Long Lake or Orono (or both) would permit the immediate right turn access as initially proposed. This is the option preferred by Bredeson, and is not a bad solution from a staff perspective, but the problem is timing. If Orono/Long Lake were to apply for either a reconveyance or turnback, MnDOT staff review would take at least 60 days, and we could not be assured that the request would be approved until after that staff review period. The final paperwork to make it all legal might take another 3-6 months, but MnDOT would be willing to issue an access permit once their staff review finds no reasons to deny the reconveyance or turnback. A reconveyance to the underlying property owner could be problematic if that owner is not willing to cooperate. In the event that owner turns out to be the City of Long Lake, Long Lake staff have assured us that Long Lake is willing to cooperate fully, perhaps so far as to sell the property to Orono for $1. They also indicated they are in complete agreement that the access should be across from Brimhall, and therefore in the turnback scenario where Long Lake is technically the local jurisdiction, they won’t oppose the immediate right-turn driveway for Bredeson. Option 3 would be that the City allow the subdivision to proceed and the office building to be constructed with the existing curb cut and right-in/right-out access only. One of the primary reasons the City wished to avoid the right-in/right-out access was to eliminate the Service 800 Access January 21,1999 Page 4 need for U-tums on Highway 12. Bredeson indicates her low-traffic office use will not be hindered by the right-in/right-out access, as opposed to a high-traffic retail use which would suffer with such an access. Proposed Solution 1. 2. 3. Cities of Orono & Long Lake jointly apply to MnDOT for ? turnback of the triangular portion of right-of-way (reconveyance would be even better ;f City of Long Lake is fee owner). Otten to grant Bredeson an easement along east boundary from existing Highway 12 right-of- way to the rear of Service 800 site, for use by Service 800 if reconveyance/tumback is not approved. City to allow Service 800 to begin construction subject to temporary use of existing right- in/right-out access during construction, but no occupancy of building until access across from Brimhall is completed and open, either via Option lb or via Option 2. Since the timing may place a burden on the developer if MnDOT doesn't work as quickly as anticipated, an option would be to allow occupancy but set a definite timeframe (say 1 year from date of occupancy) for completion of the Brimhall access. This proposed solution would be formalized as part of the Developers Agreement which would guarantee the City that the Brimhall access will be developed regardless of the outcome of a reconveyance/tumback request. This solution allows Service 800 to begin constmction and avoid further delays, but also creates some potential extra costs to Service 800 if the access to the rear via Otten easement is ultimately required. This solution does not necessarily resolve the wellhouse access question, but neither does it limit City options for future service road development. COUNCIL ACTION REQUESTED: Review the various access options presented. Provide staff and developer with direction as to hich option to pursue. We exj)ect that all parties will be represented at Monday's meeting, including Cliff Otten. If Council concludes that the solution proposed above should be pursued, the necessary final subdivision documents could potentially be presented for review and possible final Council action on February 8. Those documents would include: 1 . Revised/amended site plan approval (Resolution No. 4206) 2. Revised final plat approval resolution (not yet adopted) 3. Developers Agreement 4. Easement from Otten to Bredeson 5. Application to MnDOT for reconveyance ot turnback. The developer should be asked to provide revised site, grading, lighting and landscape plans for the various contingency plans for staff and Council review, to ensure they are all feasible and determine how the scope of approval is affected (i.e. parking layout and numbers, setbacks, landscaping, etc.). REQUEST FOR COUNCIL ACTION DATE: January 8,1999 ITEM NO.: Department Approval: Name Michael P. Gaffron Title Senior Planning Coordinator Administrator Reviewed:Agenda Section: Zoning Item Description: #2425 Sid & Barbara Rebers / Jean Mork Bredeson (Service 800, Inc.) Access Issue Discussion • Request for Final Plat Approval - Resolution Application: Conversion of Outlot E, Sugar Woods to buildable lot status. List of Exhibits A • Resolution B - Alternate Resolution Conditions Language Suggested by Applicants Attorney C - Final Plat Drawings D - Special Assessment Agreement E - Resolution No. 4182 - Preliminary Plat Resolution F - Subdivision/Building Permit Punchlist 12-7-98 G - 1997 MnDot/BRW Communications H - Letter from Long Lake Planner I - Memo of December 10 J - Service 800 Landscape Plan & Otten Landscape Plan K - Revi id Site Plan Submitted 1-8-99 L - Easem»*nt over Otten property M - MnDOT letter January 8,1999 The applicants have substantially completed (or will complete prior to filing of the plat by the City Attorney) the conditions of Resolution No. 4182 for final plat approval. However, MnDOT has thrown a curve at the eleventh hour by not approving the proposed access across from Brimhall Avenue. Highway 12 Access Issue In May 1997 MnDOT reviewed the Sugar Woods 2nd Addition proposed plat and indicated in a letter dated May 8,1997 they would only permit the existing right-in/right-out curb cut for access to the site. On August 4, 1997 the City was copied on a memo from Wayne Cordes of BRW to Stephen Pflaum, Rebers' attorney, that indicated he had discussed the concept of an access across from Brimhall in the triangular right-of-way area, and MnDOT had agreed in concept to this. (See Exhibit G) That memo also suggests MnDOT would be amending their May 8 letter, but we never received such an amendment. 1- J #2425 Rebers/Service 800 January 8,1999 Page 2 The City and the developer ultimately agreed that the access located across from Brimhall was an excellent alternative to requiring construction of the service road behind the site. Condition 1 of the Preliminary Plat Approval Resolution adopted October 13,1997 subsequently was drafted to read as follows: "1. Lot 1 shall be allowed direct access to U.S. Highway 12 only if the applicants are successful in relocating their existing access to Highway 12, by obtaining an access permit from the Minnesota Department of Transportation (MnDOT) permitting access over the triangular parcel of land owned by MnDOT across from the intersection of Brimhall Avenue and Highway 12. Any direct access to Highway 12 which is not directly opposite Brimhall Avenue will not be allowed." Condition 2 then places conditions on the future use of the access location required in Condition 1 (See Exhibit E, pages 6-7). The City required that the developer provide written confirmation of MnDOT approval of this access not only prior to final plat approval, but conditioning building permit issuance on such confirmation. On January 7 staff was informed by Rich Kiemen, contractor for the office building project, that MnDOT had denied the permit for the access across from Brimhall, and would only approve the existing curb cut and only for a right-in/right-out access. Little background was provided as to why MnDOT wasn't approving the access, but it apparently had to do with the sharp right turn entrance into the site. The title opinion delivered at noon today contains an easement granted to Rebers by Often in July 1997 over a portion of Often's property, for the express purpose of bringing an access further up the west side of Outlot E. This is the first clear knowledge staff has had of such an easement. Keith Van Wagner at MnDOT told me today that MnDOT saw this easement and sketch (See Exhibit L) in 1997 and reacted favorably to it because it provides adequate access to both Often and Outlot E, avoids a sharp right turn into Outlot E, and accesses directly into Often's site. This drawing generated the August 1997 MnDOT letter; but the fact that such an access design needed to incoiporate the Often easement and a longer entrance drive to meet MnDOTs approval was not passed on to Orono, and was apparently not made clear to Bredeson in her discussions with MnDOT in 1997. As a result, she designed the site with an access that MnDOT won't approve. MnDOT staff feel their position has not changed, while Bredeson feels this was a clear change in what she was earlier told. Regardless, MnDOT will approve the right-in/right-out access at the existing curb cut (See Exhibits K&M). Another factor that comes into play is that in order to approve the Brimhall access, MnDOT would require reconstruction of the median to create an eastbound left-turn lane, a cost that MnDOT will expect someone else to bear. #2425 Rebers/Service 800 January 8,1999 Page 3 The sixt\- four thousand dollar question is. should the City now be forced to accept the right-in/right- out access, or should the site be redesigned to incorporate an access that MnDOT would approve across from Brimhall? AppI’ :?.nts are requesting that the City allow the subdivision to proceed and the office building to be cc...:ructed with the existing curb cut and right-in/right-out access only. They submitted a revised site plan today and are requesting Council's consideration at Monday’s meeting. Rebel ’s attome>’ has submitted a proposed revision to Conditions 1 and 2 for incorporation into the final plat resolution, that drops all reference to the access being across from Brimhall. The access dilemma begs the question as to whether the service road or alternate access is now warranicd. One of the primary reasons the City wished to avoid the right-in/right-out access was to eliminate the need for U-tums on Highway 12. The fact that this will be an office site rather than a high-traffic retail site, may make this situation less onerous. Bredeson indicates her use will not be hindered by the right-in/right-out access. Long Lake Review At the eleventh hour during staff discussions with the Long Lake Fire Department regarding a hydrant for this site, it was indicated that Long Lake owns the triangle. This begged investigation, since the plat maps all show it is MnDOT right-of-way located within Long Lake's corporate boundary. Staff contacted Long Lake, Ms. Bredeson met with their staff, and the result is the letter attached as Exhibit H. The triangle is in Long Lake, but it is MnDOT right-of-way, and Long Lake is OK with the originally proposed access design and location. Long Lake would not be directly involved in the alternate right-in/right-out access now proposed. Park Dedication Fee Under the current park fee ordinance, this site will be charged 8% of the fair market value (established by City Assessor at $3.05/s.f. or $125,270), i.e. a park fee of $10,021. This amount falls within the $7,250-12,250 per acre range established by Council on December 14,1998. Security for Future Service Road Construction On December 14 Council concluded that the developer will n<2i be required to post financial security for future service road construction, as long as a formal agreement is executed in which the owner of Lot 1 waives his/her right to appeal the special assessment for such road. Such an agreement has been drafted by the applicant's attorney and is attached as Exhibit C. Please review conditions 1-5 #2425 Rebers/Service 800 January 8,1999 Page 4 on page 2 of that agreement. The City Attorney has not provided his final comments on this document as of this writing (this is the same language submitted by applicant on December 14). Landscape Plan On December 14 Council r ^quested that the landscape plan for the Service 800 project be compared with the approved Otten t^rothers landscape plan to ensure some degree of consistency along Highway 12. The two plans are attached as E)Aibit G. The Otten Brothers plan incorporated 10 shade trees along its 500' of Highway 12 frontage, and 9 shade trees along its 630' of Willow Drive frontage, an average of 1 tree per 60' of frontage. The Otten plan also included a number of landscaping features within the interior of the site, as well as a row of evergreens along Dickey Lake Drive for screening purposes. The Service 800 plan calls for 2 shade trees and 3 spruce trees along its 145' of Highway 12 frontage, an average of 1 tree per 29' of frontage. The plan also calls for an additional tree at the northeast comer of the site, and landscape plantings along the south, east and north walls of the building. Orono’s Subdivision code. Section 11.60, allows the City to require that the developer plant one shade tree per each 40' of frontage. The Service 800 plan more than meets the spacing requirement, but substitutes black hills spmce species in place of shade trees. If Council would prefer shade trees rather than the three spmces, the developer will be happy to comply. Staff has no problem with the landscape plan as presented. B-4 Rezoning Council has suggested that this property be rezoned to B-4 to reflect the intended use of the site and limit its potential for future retail uses. Ms. Mork Bredeson has indicated willingness to comply with this suggestion. MCWD Approval Expected January 14 The applicant has submitted the stormwater management plan to the MCWD for review and approval, and such approval is expected to occur on January 14. ■ #2425 Rebers-'Service 800 January 8,1999 Pages Staff Recommendation Council should review the access issue by considering the following questions: have the City's expectations for a future service road changed? how will approval of this change in access impact future development of Outlot F to the east and/or the Otten property to the west? how will approval of the right-in/right-out access impact the City’s position on future requests for similar access proposals along 12? is Council willing to allow die right-in/right-out at the existing curb cut on a permanent basis, as it would have at the Brimhall location? or, would Council want the existing right-in/right-out to disappear at the time an alternate access is provided either across from Brimhall or to the rear? does the proposed office use and willingness to rezone have any impact on Council's view of the access issue as compared to a higher-traffic retail use? Council options include: 1.Accept the applican's proposal and approve the plat conditions and new site plan as revised, subject to staff and City engineer review. 2. Conclude that the access condition has not been met and withhold final plat approval. 3. Table for further discussion. 4. Other. Council should also advise staff and applicant if the special assessment waiver and landscape plan are acceptable. COUNCIL ACTION REQUESTED: Review the revised access proposal. If the access issue can be resolved. Council may adopt the attached resolution granting final plat approval for Sugar Woods 2nd Addition subject to: revised language in Conditions 1 and 2 (specify); and staff and City Attorney satisfaction that all documents and approvals are complete and in order, prior to filing of the plat by the City Attorney. SERVICE 800, INC. - AMENDED PUNCHLIST 1-29-99 I. FINAL PLAT APPROVAL □ ¥lt Access Approvals: 1. MnDOT Permit for Existing Curb Cut Access 2. Otten easement to Service 800 (Fallback Access) 3. Developers Agreement Line Item re: Service 800 commitment to build Fallback Access driveway 4. Letter of credit for Fallback Access Driveway 5. (?) Agreement from Otten re: dedicate 70' r.o.w. if conveyance 6. (?) Otten easement conunitment to Service 800 if conveyance 7. (?) Commitment by Otten & Service 800 to build City road if turnback □ • Financial security (150% letter of credit?) for fallback driveway construction (and public road construction if turnback). City Engineer will provide estimated cost upon submission of plans by developer. □ • Special Assessment Agreement (Service 800) □ • Drainage, Utility and Trail Easement over Outlot D, Sugarwoods (Rebcrs to grant) □ • Road, Drainage, Utility and Trail Easement over Outlot A, Sugarwoods 2nd addition (Rebers and Mork Bredeson?) □ 0 MC WD written approval of stormwater plan and OK for use of pond on Outlot F □ • 14' Utility Easement along west property boundary for existing water main □ * Final Plat Drawings / Mylars □ ^ Title Opinion □ ^ Certified copies ofall existing easements □ # $200 legal review and filing fees. $10,021 Park Dedication Fee NOTES:* Items marked with an asterisk are needed prior to final plat approval by Co^cil • Items marked with a bullet point are needed prior to filing of subdivision (Building permits will NOT be issued prior to filing) ft ■j IV II. * FINALIZE PRIOR TO BUILDING PERMIT □ □ □ □ □ Items A thru G to be provided to / approved by City Engineer: □ A. Sewer and water service connections □ B. Grading & drainage plans and calcs - documentation of pond suitability, erosion controls, etc. C. MCWD plan approval D. Retaining wall design if proposed E. MnDOT access written approval F. Expand west side utility easement to 14' G. Sewer/water units procurement □ □ □ □ □ Submit plans to MCES and obtain SAC determination Landscape plan; show future proposal if service road is built Final lignting and signage plans Building permit application and required submittals (plans, energy calcs, survey, etc.) Developers Agreement re: site improvements, inch letter of credit (City Engineer will define amounts upon submittal of final plans) Evidence of property ownership. ■! mi nain i ■ri # ADDITIONAL INFORMATION SUBMITTED FOR APPLICATION #2425 - SID & BARBARA REBERS/JEAN MORK BREDESON (SERVICE 800, INC.) COUNCIL MEETING (FEB 8 1999 CITY OF ORu^o ♦ ' m Bonestroo Rosene Anderlik& ^ Associates Bonestroo, Bosene. Anderlik snd Assoctstes, mctSBn Affirmative Acticn^ B^^ Qppommity ’ Principeis: 0«o G. Bonestroo. P.B. • Joseph C. AndtfHk. PE. • Marvin L Sorvata. Pf. • Klctrerd E. Turner. PE. • Glenn R. Cook. PE. • RoD«rt G. S^honichl. PX • Jerry A. Bourdon. PX • RoOert W. Rosene. PE. and Susan M. Efierfia C P-A.. Senior Consultants Associate Principsis' Howard A. Sanford. PE. • Keith A. Gordon. PE. • Robert R. Pfefferle. PE. • Richard W. Foster. PX * David O. LoskotA PE. • Robert C Russek. A.LA. • Mark A. Hanioa PX • Michael T. Rautmana PE. • Ted KJIeld. PI • Kenneth P. Anderson. PE. • Mark R. Rolfs. PX • Sidney P Williamson. PI. LI • Robert F. Kotsmith • Agnes M. Rirsg • A4lchael P Rau. PX • Allan Rick Schmidt. PX Engineers & Architects Offices: St Paul. Rochester. Wlllmar and St Cloud. MN • Milwaukee. Wl WeOsite: wwwborsestroo.com February 4, 1999 4^-•r Mr. Greg Gappa Public Services Director City of Orono Post Office Box 66 Crystal Bay. MN 55323 Re: Service 800 File No. 139-2439 Dear Greg: Rich Kieman of KM builders faxed me a sketch plan of a revised access to the Service 800 site. The revised plan would provide access to the north side of the building across the Otten property. The proposed access would be a 24-foot wide paved rural section. We have prepared a revised cost estimate for site improvements based on this revised access. The incremental cost increase to construct the roadway to the north is $13,260. The revised cost for the total site improvements, including the access across the Otten property, is $92,530. Both cost estimates are attached for your review. A financial guarantee for 150 percent of this amount or $138,795 should be provided to the City. Rich and I have discussed and agreed upon the revised costs. Please contact me at 651-604-4863 if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES. INC. Tom Kellogg Cc: Mike Gaffron, City of Orono 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 651*636*4600 ■ Fax: 651*636*1311 •• CITY OF ORONO SERVICE 800 COMMERCIAL SITE DEVELOPMENT ACCESS DRIVE TO NORTH SIDE OF SITE ACROSS OTTEN PROPERTY PLAT FILE NO. 2439 SITE IMPROVEMENT COST ESTIMATE ’* vr r V/:-- “ 7* ITEM UNIT EST. QUANTITY UNIT PRICE Mobilization Site grading Common Excavation Stabilization fabric Aggregate base, Cl. 5,100% crushed Type 31 bit. base course Type 41 bit. wear course Concrete curb and gutter Concrete "V" gutter Concrete walk Remove existing concrete & bituminous 6" DIP water service 6" gate valve & box 6" PVC service pipe, SDR 26 12" RCP storm sewer 24" RCP storm sewer Salvage and reinstall 24" RCP FES Standard storm MH w/casting Sump catch basin w/casting Connect to existing catch basin Connect to existing storm sewer Landscaping Silt fence Seeding with 4" topsoil Sod with 4" topsoil ________ LS LS CY SY TN TN TN LF LF SF SY LF EA LF LF LF EA EA EA EA EA LS LF AC SY 1 1 1070 3180 1450 330 250 1000 145 2150 200 10 1 110 66 50 1 1 1 1 1 1 450 0.1 2000 $5,000.00 5.000. 00 6.00 1.00 10.00 32.00 35.00 6.00 6.00 3.00 3.00 20.00 800.00 25.00 25.00 50.00 250.00 1,200.00 1,200.00 1.000. 00 1,000.00 5.000. 00 3.00 3.000. 00 3.00 Estimated Construction Cost +50% Security Deposit Total Security Deposit Required 2439SERVICE800 EST. COST • •• • •• $5,i 5.1 6,420 3,180 14,500 10,560 8.750 6,000 870 6,450 600 200 800 2.750 1,650 2,500 250 1,200 1,200 1,* 1.' 5.1 1,350 300 ej III III • •• III $92,530 46,265 $138,795 I •• CITY OF ORONO SERVICE 800 COMMERCIAL SITE DEVELOPMENT DRIVEWAY TO NORTH OF BUILDING ON OTTEN PROPERTY PLAT FILE NO. 2439 SITE IMPROVEMENT COST ESTIMATE ' , . % . . - . ♦ ^ t' . . ■ . . .t. ♦ < ITEM • *.v ^ • EST. UNIT QUANTITY UNIT PRICE EST. COST Common Excavation CY 270 6.00 1,620 Stabilization fabric SY 910 1.00 810 Aggregate base, Cl. 5,100% crushed TN 400 10.00 4,000 Type 31 bit. base course TN 90 32.00 2,880 Type 41 bit. wear course TN 70 35.00 2,450 Sod with 4" topsoil SY 500 3.00 1,500 Estimated Construction Cost •t-50% Security Deposit Total Security Deposit Required $13,260 6,630 $19,890 2439SERVICE800 i irtri'r-.A.. roa ® • * ••• ' **wA ^mi oxsoc^at^ <■ "DNi 'CO ONionina wm fSiTt esxfo-'zo C2/05/53 14:54 01/14/1939 11:14 KT1 BUILDING CO. INC. 4 4730510 473-4435 COFFIN A CRONBEPG NO.577 Op- PAGt 02 JftN-14-1953 11:3?HINNEHAHQ CRCEK UATgRiHEO $124710682 P.D2'0? MCWD PERMIT APfLlCATtOW.REPORT DATEiljS^ APPlicaotr Green Valiev WayyjmLtjfKl Location: 2190 W. ^^vjeata Blvd PI»‘ HiUliiiSJ RtprcsrnUlivr; Coffin A 4K2 Tainafaclt; Lark Lake. Mjsf •Suhwatershed: SubSubwater.<ihccl: LLC-u Appll«,blcR„|.,: ai!l«><, S'ormwaaf.Mwi^nim! Rule B. Ero.inn rnn„.< Rablbit-1 Received: Site pl|in< Preliminary city flpppi;<vfti Rate control catcy|ftiifjn^ Mailing labe^ Appllc«l0» R.c,iv.d: loy; Application Complete.- Decnn.t',. ■■. .uo. Nolicto* Rcqttiremeni,. Mailed to mldenb w/ln «(H)’ of project on: i.os.go Welland Conicrvatiun Act Notice mailed on: • •a • • Pevlc-vcd by. Steve .Schmwik. tmi I lalnci Projaci Review Stniuj by Other Covcmmenial L'nlii: HNR General Pcrinll: Review ii Summery: This projeci involve, the (levelop.nent of apreviousK planed undevalooed M2 aere commercial site on Ilwy. 12 in Orono. The subject site is an outlm of“re’.isSrv Woods development. An office building and parking lot will be consiracted on the site r Sio N ahS?f now mainiaincd by, MNDoT. Informalion has been provided to ver.ly the ^ of that pond to provide the needed rale control. A sump basin with 272 cubic feet of sioi will oc con.inieeed lo comply with BMP reguireinenls. R«commeodAtinn«;Approvtf as proposed. Rule J Time*: Staff S7L00 Engrs S 72.00 Legal _____ Moiling co.'itr. 'I'otnl fo date: S3? 82 •M84.82 * be.eoUcctcd from oulilic Bgenctes Fees listed in this fanan mav not be the Ljuc Ufred fnrth^ npplieution• • ?fiOM LEJMAED, STSEET AN'D DEI NASD (ESI) 5. 5'59 I4:41.ST. 14:So K0.426:;435259 P i LEONARD, STREET AND DEINARD raorc^^tONAL assot.iaiion February 5, 1999 Hugh M Mayuard 612-335-1981 lunm 1562@lconaid .com By Telecopier Ronald Moorsc (Orono City Administrator) Thomas J. Barrett, Esq. (Orono City Attorac>’) Michael Gaffron (Orono Senior Planning Coordinator) Joseph Lynch (Long Lake City' Administrator) Chris Dietzen (Long Lake City Attorney) Jean Mork Bredeson (Service 800, Inc.) Rich Kicmen (KM Building Co., Inc.) Clifford Otten (Otten Bros. Nursery) Re; SUGAR WOODS 2ND ADDITION (2190 West Wa>-zata Boulevard) Our File No. 18311-25 Gentlemen and Jean: On Monday I prepared a two-party Road Agreement betw’ecn the City of Orono and Green Valley Associatca, Inc. On Wednesday I prepared a four-party Road Agreement, adding Mr. & Mrs. Clifford Otten and the City of Long Lake. On Thursday Joe Lynch told me he saw nothing WTong tvith the contract, but he needs to explain it to the Long Lake City Council and they need to approve it at their ne.xt regular meeting on March 2. Today 1 prepare a three-party Road Agreement, which removes the City of Long L.ake as a party. Enclosed is a red-lined copy. Please call me with any questions or suggestion.*; The City of Orono will not sign the plat of SUGAR WOODS 2ND ADDITION until a suitable Road Agreement is e.xecutcd by all relevant parlies. Final plat approval is scheduled for Monday evening, February 8. Therefore, I would appreciate your prompt review of this document. Thank you for your cooperation in this matter. Ver>' truly yours, LEONARD, STREET AND DEINARD Hugh M. Maynard cc w/encl: Stephen R. Fflaum, Esq. »50 South Fotm SiRin Sum noo Minkim -oiu . .'Ii.s'StiODA stioi Tii 6i2-}}>-«>oo Fav lAw urrirrs IN MiNNtAPnui, 5ain 't r.\ui *.sp manhato FROM LEONARD. STREET AND DEINARD IFRI) 2. 5’99 14:41/ST. 14:S3 NO. 426043S259 F; 3 . LEONARD. STREET AND DEINARD DhK.* DATED; SHOWING CHANGES FROM: Above f eaerved lor recordini^ infbrmAlioo) ROAD AGREEIVIENT This Agreement is made as of February 8, 1999, by and between Green Valley Associates, Inc., a Minnesota corporation (“Developer ”)* Clifford L. Otten and Louise Wakefield Otteo, husband and wife (“Ollen”); an<^ the City of Orono, a Minnesota municipal corporation (“City of Orono”) and tho City-of Long Lake, a Mina eseta munk4pio-^v t=porQtkm- (- ‘€ity of Long Lak e^). RECITALS A. Developer is the fee owner and developer of that portion of Outlot E, SUGAR WOODS, Hennepin County, Minitesota, that is being platted as SUGAR WOODS 2ND ADDITION, consisting of Lot 1, Block 1 (“Service 800 Parcel ”) and Outlot A SUGAR WOODS 2ND ADDITION is within the city limits of Orono Service 800, Inc., a Minnesota corporation, is an affiliate of Developer and will occupy the building to be built on the Service 800 Parcel. B. In the middle of the southerly boundary^ of Outlot E, SUGAR WOODS, there is an existing curb cut that provides access between tlie Service 800 Parcel and Wayzaia Boulc\ard The City of Orono is willing to allow that curb ail to provide temporary access to the Service 800 Parcel pending acquisition and improvement of permanent access elsewhere. This temporary access plan is shown on the sketch attached as Exhibit A C. Permanent access between the Service 800 Parcel and Wayzata Boulevard will be over the so-called “Biimhall Triangle”, which is legally described as follows: That part of Outlot 1, LONG LAKE COMMERCIAL-INDUSTRLAL PARK. lying northeasterly of a straight line running through Minnesota Department of Transportation Right-of-Way Monuments B8 and B5229. Said monument B8 is on the north line of said Outlot 1 and 230.60 feet westerly of the northeast comer of said Outlot 1. Said monument B5229 is 83.59 feet south and 0.18 feet west of the northeast comer of said Outlot 1, measured parallel with and perpendicular to the east line of said Outlet 1. 17«75»0: PrlaUd2/3 99 2-l?PM LEONX^D. STREET AN'D DEINARD (FRl) 2. 5’99 14:41/ST. 14:SS.M0.425043S259 F 4 D. The Brimhall Triangle is in the city limits of Long Lake. It is owned in fee simple by the heirs of Franc P. Daniels, Sr., deceased, and is subject to a Highway Easement in favor of the State of Minnesota dated July 15, 1927. E. There are three options for permanent access over the Brimhall Triangle that are acceptable to the parties to this Agreement — Option 1, 2 and 3 shown on Exhibits B, C and D. F. Otten owns Lot 2, Block I. EAST WILLOW WOODS. Hennepin County, Minnesota (“Otten Parcel”). The Otten Parcel is cast of the Service 800 Parcel and north of the Brimhall Triangle. The Otten Parcel is necessary for Option 3 depicted on Exhibit D. G. As a condition of final plat approval of SUGAR WOODS 2ND ADDITION, the City Council of the City of Orono has required that this Road Agreement be executed, so that the various road access arrangements will be described and agreed upon. agreement In consideration of the fact recited above, one dollar and other good and valuable consideration, the parties agree as follows: 1. Temporary Access. Temporary access between the Service 800 Parcel and W^ayzata Boulevard may continue at the e?dstlng curb cut along the southerly boundary of Outlet E, SUGAR WOODS, until the earlier of (a) a right of permanent access is acquired and a permanent access road is built pursuant to this Road Agreement, or (b) August 31, 2000. Exhibit A is a sketch depicting temporary access to the Ser\icc 800 Parcel. 2. Option 1 — Reconveyance of Brimhall Triangle to Otten The preferred method for acquiring permanent access between the Service 800 Parcel and Wayzata Boulevard is as follows: a. Otten will use best efiforts to purchase fee simple title to the Brimhall Triangle from the heirs of Franc P. Daniels, Sr. b. Otten will then petition the Minnesota Department of Transportation ( MnDoT*) for “reconveyance” of the Brimhall Triangle to Otten - in other words, relinquishment of the State of Nllnnesota's highway easement over the Brimhall Triangle. c. .All parties expect MnDoT to determine that the Brimhall Trianglc is surplus highway right-of-way and approve the reconveyance to Otten If MnDoT approves the reconveyance to Otten, MnDoT will then take additional steps to implement the reconveyance, including appraisal of the fair market value ot the highway easement and 1767150 07 FROM LEONARD. STREET AND DEINARD (FRI) 2. 5 ’99 14:42/ST. 14:S$ N0.42604SS2E9 ?• 5 documentation of the reconveyance to Often in exchange for payment of the fair market value. d. Often hereby grants to the City of Orono a perpetual, nonexclusive easement through the Biimhall Triangle for a public road and public utilities. The casement will become effective if and when Otten acquires fee simple title to the Brimhall Triangle free of the State of Minnesota’s highway easement. The right-of-way is 70 feet wide and the centerline of the right-of-way is the northeasterly extension of the centerline of Brimhall Avenue, as platted in LONG LAKE COMMERCIAL-INDUSTRIAL PARK. See the sketch of Option 1 attached as Exhibit B. e. Otten hereby grants to Developer a perpetual, nonexclusive easement through the Brimhall Triangle for a private road and private utibties. The easement shall become effective if and when Otten acquires fee simple title to the Brimhall Triangle free of the State of Minnesota’s highway easement. The easement area is the 70-foot vridc right-of- way described in the preceding subparagraph and that portion of tlic Brimhall Triangle lying easterly of that 70-foot wide right-of-way. See the sketch of Option 1 attached as Exhibit B. f. Within four months after the Option 1 easements become effective, Developer shall build its private road as shown on £.xhibit B at Developer’s expense. 3. Option 2 ~ Turnback of Brimhall Triangle. If Otten does not acquire fee simple title to the Brimhall Triangle by March 15,1990, or if MnDoT does not approve reconveyance of the Brimhall Triangle to Otten by April 30, 1999, then permanent access between the Service 800 Parcel and Way2ata Boulevard shall be acquired as follows: a. The City of Lena Lake Orono shall apply to KfnDoT for a permit to install a public road in the Britnhall Triangle as shown on Exhibit C. Developer shall provide all plans and specifications required by MnDoT at Developer’s expense. The plans and speci­ fications shall be revised as necessary to meet any reasonable demands by MnDoT, such as extension of the public road to reach the Otten Parcel as well as the Service 800 Parcel. b. Within four months after MnDoT issues the public road permit, Developer shall install the public road at Developer’s expense and shall dedicate it to the City of tong take Orono The City of Lon« Lake Orono shall accept the dedication, if the road complies with the requirements of this Road Agreement and the requirenvents of NLiDoT. The designation of the road as public and the acceptance of the dedication of the road shall not change the maintenance and repair obligations set forth in paragraph 6 below. c. Promptly after the public road has been built and dedicated to the City of Long Lake; the Ci^ of Long Lake Orono. it shall apply to MnDoT for “turnback” of the PROM LEONARD. STREET AND DEINARD (FRl) 2. 5’99 14:42-ST. 14:33 NO.42604SS259 F 6 Brimhall Triangle, in other words, assignment of the State of Minnesota’s highway easement over the Briiniiall Triangle to the City ofLoag-Loke. Orono. A .Prfmiptly tki> h^f-Knon **rurna<t hftclr” d. The parties are aware that, while MnT)oT has au****^*'^^ “#nrn hark” the hiphwnv easeii City of Long Lake, became tht»Hrimh«ll Triangle is in the city limits of Long Lake. Therefore, the nartie< witi a<ik the City of Long Lake shaU to plav the role nf the rit\ assign all of its rights and obligations in the Brimhall Triangle to the City of Orono promptly after MnDoT *Turns back** the highway easement to the City of Long Lake 4. Option 3 — Fallback Option. If neither Option 1 nor Option 2 is ftUly implemented by February 1, 2000, then permanent access to the Service 800 Parcel shall be provided through the Brunhall Triangle and the Otten Parcel as shown on Exhibit D as follows: a. Developer and Otten shall jointly apply to NtnDoT for a permit to install a private road in the Brimhall Triangle as shown on Exhibit D. Developer shall provide all plans and specifications required by MnDoT at Developer’s expense. The plans and specitications shall be revised as necessary to meet any reasonable demands by MiiDol b. Otten hereby grants to Developer a perpetual, nonexclusive easement through the Otten Parcel for a private road and private utilities. The easement shall become cftcctive on February 1, 2000. if by that date neither Optiuu 1 uoi Option 2 is fully imptemented. The easement area is a 30-foot wide right-of-way. The centerline of the right-of-way begins at Point A, continues to Point B and terminates at Point C, as sbowti on Exhibit D. Point A is the intersection of the northeasterly extension of Brimhall Avenue with tlie south line of the Otten Parcel 65 to 70 feet west of the southeast comer of the Ouen r'arcel. Point B is 35 feet south of and 55 feet west of the northeast corner of the Otten Parcel, measured parallel with and perpendicular to the east line of the Otten Parcel. Point C is on the cast linr. of the Otten Parcel and 35 feet south of the northeast corner of the Ouen Parcel. c.Within four months after MnDoT issues the private road permit. Developer shall install the private road through the Brimhall Triangle and the Otten Parcel as shown on Exhibit D at Developer’s expense. d. If Developer fails to install its access road as shown on Exhibit D by June 1, 2000, then the City of Orono shall install or complete the access road and charge all costs to Developer. As security for Developer’s obligation to reimburse the C ity ot Orono, Developer shall provide the City of Orono with an irrevocable letter of credit in the amount ofS S20.000. The form of tlie letter of credit must be acceptable 174751902 FROM LEONARD. STREET AND DEINARD IFRI) 2. 5’59 14:42/ST. 14:33 NO. 4260433259 R 7 to the Orono City Attorney. The letter of credit must be provided before a building permit is issued for the Service 800 Building. 5. Construction of Roads. a. Except as required by MiiDoT under Option 2, the permanent access road serving the Service 800 Parcel shall be 24 feet v^ide with an 8 inch base and a 3 inch bituminous surface. b. The curb cut from Wayaata Boulevard into the Brimhall Triangle shall have the dimensions and materials required by MnDoT. c. At the same time as Developer installs its permanent access road through the Brimhall Triangle, Developer shall install a left turn lane from eastbound Wayzata Boulevard into the Brimh^l Triangle to MnDoT standards. <J. Before any road construction commences, all plans and specifications for the work shall be reviewed and approved by Often, which approval shall not be unreasonably withheld or delayed. e. Developer shall pay all costs related to the road construction required by this Agreement. f. Developer shall defend, indemnify and hold harmless every other party to this Agreement from all claims, demands, losses, damages, liabilities and expenses and all suits, actions and judgments (including, without limitation, attorneys ’ fees and mechanic ’s lien claims) arising out of or in any way related to the road construction required by this Agreement, other than those aiising from such other party ’s negligence or willful misconduct. 6. Maintenance and Repair of Roads. a. Developer shall be responsible for maintaining aud repairing the access road serving the Service 800 Parcel, including repaving and removing snow, ice, leaves, debris and obstructions, even If portions of the access road are public. b. For so long as Onen does not use that road. Developer shall pay all costs related to such maintenance and repairs (“Maintenanc.e Costs ’’) If and when Otten begins using that road, Oiten shall reimburse Developer for one-half of the Maintenance Costs incurred thereafter. Otten shall reimburse Developer within 30 days after receipt of each itemized invoice fironi Developer c. If the road is being used by Developer and Otten. and either party or a family member, tenant, invitee, officer, employee, contractor or agent of a party negligently or willfiJly damages the road, then such party (Developer or Otten as the case may be) shall bear the entire expense of repairing the damage. 1747513 02 ?5CM LEONARD. STREET AND DEIKARD (FRI) 2. 5'99 14:43/ST. 14:3o NO. 4260495259 P 3 '7. Indemnification. Each party to this Agreement agrees to defend, indemnify and hold haimless every other party from all claims, demands, losses, damages, liabilities, expenses, suits, acuons and judgments (including, without limitauon, attorneys’ fees) arising out o^ or in any way related to the negligence of such party or any breach of this Agreement by such party. 8.Insurance. Developer shall obtain and maintain m fuU force at all times liability insurance in an amount not less thsn $1 tmUion. insuring against claims related to this Agreenrent tNa access road serving the Service 800 Parcel When Otten begins using the access road, Otten shall obtam and maintain liability insurance in an amount not less than S500.000, msurmg against claims related to this Agreement and the access road 9.Notices. Any noUce given under this Agreement must be in rviiting and delivered personaUy or by United Stales certified mail, return receipt requested, postage prepaid, addressed as follows: If to Otten:Mr. and Mrs. Clifford Otten c/o Otten Bros. Nursciy & Landscaping 2350 West Wayzata Boulevard Long Lake. MN 55356 If to Developer:Orcen Valley Associates, Inc. do Service 800. Inc. 407 East Lake Street, Suite 200 Wayzata, MN 55391 If to the City of Orono City of Orono 2750 Kelley Parkway P.O. Box 66 Orono, MK 55323 If to the City of Long Lalto City of Long Laka 4064 Park Avcm ie P^.-Box 606 A^e^^yt^^tT^ress for the notices by gi\ing the other party, as specified above, ten (10) days prior to the effective day of such change 1767J»02 .1 FROM LEONARD, STREET AND DEINARD (FRl) 2. 14:43 ST. 14:S3'NO. 4260433259 F $ 10. Miscellaoeous. a. This Agreement shall run with the land, namely the Otten Parcel, the Service 800 Parcel and the Brimhall Triangle. b. This Agreement shall be binding upon and inure to the benefit the parties hereto and their respective heirs, successors and assigns. C. Whenever a transfer of ownership of any parcel occurs, liability of the transferor for breach of any covenants occurring thereafter shall automatically terminate provided, liowever, such transferor shall remain liable for any obligations incurred prior to such transfer. d. Each party to this agreement agrees to execute any document reasonably requested by any other party or its mortgagee to acknowledge the existence and location of the easements granted by this Agreement. e. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. f. This Agreement shall not be modified, e.xcept by a written instrument executed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Road Agreement as of the date first written above. CITY OF ORONO Clifford L. Oiien Louise Wakefield Oticn Its GREEN VALLEY ASSOCIATES, TNC. By; Jean Mork Bredeson, President CITY OF LONG Li\KE By. hs- Ey- Its- 1767}:-; o: 1 I JiOM.LEONARD. STREET AND DEINARD IFRI) 5’05 14:45. ST. 14:53 KO. 4560455259 f ;0 STATE OF MINNESOTA COUNTY OF HENNEPIN }ss. The foregoing instrument was acknowledged before me this day of 1999 by Clifford L. Otteii and Louise Wakefield Otten, husband and wife. notary PUBLIC STATE OF MINNESOTA COUNTY OF HENNEPIN }ss. The foregoing instrument was acknowledged before me this 1999 bv __the ______________ day of of Green Valley Associates, Inc., a Nlinnesota corporation, on behalf of the corporation.. nw Tary STATE OF MINNESOTA COUNTY OF HENNEPIN }ss. The foregoing instrument was acknowledged before me this 1999 by _________________________ - -* the ------------------ day of aad the of the Cit>' of Orono, a Miuucsota municipal corporation, on behalf of the city. NOTARIAl. STAMP OR SliAL NCTAiiV publf : NOTARY-PUBUC— ■STATE -OF nii >;nbsota iwmm 8 FROM LEONARD. STREET AND DEINARD (FRl) 2. 5’99 14:4S/ST. 14:33. NO. 42604SS259 F•c:^ COUNTY OF HE>T>nBPPJ }-55:—The fofcgoing Instfumeirt was Qckno»A>ledged before me day of yi999by j-Ae ■904 Ihe- of the-City of Lenglioke^a hrCnneeoto muflietpcd eefpofotion, on behalf of the eUy. NO-TrUUAL 6T/\MP OR S&AL ■ THIS INSTRUMENT WAS DRAFTED BY: Leonard, Street and Deinard (HMM) 150 South Fifth Street, Suite 2300 Minneapolis. MN 55402 |7<7i:«03 I ! ‘ f 1 I . ' i 02/05/99 14:54 Kf1 BUILDirG CO. IMC. •> 4730510 HO.577 OlT F'nCy l£ONA?;D STREET AND DSINASD (WED) 2. 3'99 15:17/ST.I4:53/J(0. 4261040679 P 15 hi I- TEMPORARY ACCESS PLAN r— 02/05/93 14:54 km BUILDIMG CO. IHC. 4730510 MO.577 014 'fiC; .-OXAS) .-Ta-ET AND OilKARD (WEOI J. 3'99 15:17/ST. 14t53/NO. 42:1040679 P 13 OPTION 1 - RECONVEYANCE TO OTTEN 02/05^99 14:54 KM BUILDING CO. Ih*:. -> 4730510 IID.577 I?li FRO!i LZCNAP.D AND OEINARD ic J d^M'^^lv^65 Acc,es5 TO ^vtt^rC (WED) 2. 3‘99 15:17/ST. H;58/NO. 4261040679 P 15 OUTUrr ^ (c »tY (MauJ) cu •£$fi ^Arsr COpebS ‘/II ( scwice ^0 EXHIBIT D OPTION 3 - FALLBACK OPTION Feb Oe 99 10:44a FEB-03-89 MON 10:20 AH S EK Gia-475-0007 FAX NO. 93395897 p. 2 P.02 TCF®1 Minnesota b' t'ru;icE 900 February 1999 Jean MorkBrudeson Green Valley Associates Inc. 3848 Sunset Drive Spring Park, MN 55384 Dear Ms. Bredeson: IP/n Minnesota has approved a Stand By Letter of Credit in the amount of $l 39,00a00 for Green VaUey Associates, Inc. The beneficiary on the Letter of Credit is the City of Orono. TCP will reed the Tax I.D.. number for Green VaUey Associates, Inc. and the date of the Developer Asreemetit in order to complete the Letter. Please call me otddl-8379 if you have questions. ’ Sincerely. rP\J “ C*. ulie A. Pipp Assistant Vice President SOI MARCjrrETTEAVEKVn . MrN-NEA.« *-S : •< ; .55402-3475 . lOIJJ 66I-<?5CO • • Application Date: 12/4/98 Completion Date: 12/4/98 60 Day Deadline: 2/2/99 Application Denied: 1/25/99 COUNCIL MEETING FEB 8l999i CITY OF ORONO REQUEST FOR COUNCIL ACTION DATE: 1/29/99 ITEM NO.: 5 Department Approval: Administrator Reviewed: Name Paul Weinberger Title Assistant Zoning Administrator Agenda Section: Zoning Item Description:#2443 Glenn Upton 3685 North Shore Drive Variances Zoning Dutrict:LR-IC One Family Lakeshore Residential District (1/2 Acre) Lot Area:17,472 square feet (.40 acres) The City Council denied (by a vote of 4 to 0) Zoning Application #2443 for Glenn Upton to permit after-the-fact variances for a lakeside deck constructed in 1996 without obtaining a building permit from the City. Attached is a copy of a denial resolution to be adopted by the Council. Application: The applicant had applied for after-the-fact variances to permit a deck located on the lakeside of the residence 40' from the lakeshore. The deck was constructed in 1996 following an addition to the house. The applicant has stated in his hardship statement he did not apply for a building permit because he knew he could not meet allowed hardcover. In 1995 the City Council granted variances for hardcover and lakeshore setback to allow a garage and living space addition to the residence. Variances granted were to allow the garage to be located 52’ from the lakeshore, and to allow hardcover of 1,860 s f. (22.2%) in the 0-75’ lakeshore setback. The applicant had an original proposal to construct a deck in the location of the deck built without a permit in 1996. The DNR recommended the deck not be located as proposed due to the 50’ setback requirement on lakeshore properties. The deck was later removed from the plans. The Code would allow the property owner to construct a 4’ by 4’ landing with stairway on the lakeside of the property in place of the non-conforming deck. This application was to permit the following after-the-fact variances: 1. Section 10.22, Subd 1 (B): To permit the construction of a residential deck 40' from the lakeshore where 75' is required. 2. Section 10.22, Subd. 2 and Section 10.56, Subd. (16)(L)(1): To allow 1,897.6 s.f. (22.6%) hardcover where 0% is normally allowed. 3. Section 10.03, Subd. 14 (C); To allow structural coverage to increase from 1,888.75 s.f. (21.6%) to 2,034.75 s.f. (23.3%). COUNCIL ACTION REQUESTED To adopt or amend the attached denial resolution. A RESOLUTION DENYING AFTER-THE-FACT VARIANCES PER MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 1 (B) AND 2; 10.56, SUBDIVISION 16 (L) (1); AND SECTION 10.03, SUBDIVISION 14 (C). FILE #2443 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Miimesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Glenn C. Upton (hereinafter "the applicant") is the owner of the property located at 3685 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City of Orono for after-the-fact va riances to permit a lakeside deck located 40' from the 929.4' Ordinary High Water Level (OHWL) of Lake Miimetonka, a General Development Lake, requesting the following approvals: 1.Section 10.22, Subd 1 (B): To permit the construction of a residential deck 40' from the lakeshore where 75' is required. 2.Section 10.22, Subd. 2 and Section 10.56, Subd. (16)(L)(1): To allow 1,897.6 s.f. (22.6%) hardcover where 0% is normally allowed. 3.Section 10.03, Subd. 14 (C): To allow structural coverage to increase from 1,888.75 s.f. (21.6%) to 2,034.75 s.f. (23.3%). Page 1 of 4 < : 4 } WHEREAS, the City Council has reviewed the application; the recommendations of the City staff and the Planning Commission; and the comments and written statements submitted by the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested after-the-fact variances as described above based on one or more of the following findings of fact concerning this property: 1. The property consists of .40 acre, or 17,472 s.f. in land area, of which 8,742 s.f. is within a driveway easement and is not included in the lot area. The lot area for this lot is 8,730 s.f. 2. 3. 4. 5. The deck was built in 1996 without a permit. The applicant has indicated in the Statement of Hardship no building permit was applied for because allowed hardco\ er could not be met by the structure. Variances were granted in 1995 (Resolution Number 3547) on this property to permit construction of an addition to the existing residence 52 ’ from the lakeshore where 75’ is required and to allow 22.2% hardcover in the 0-75' lakeshore setback where none is normally allowed. The original proposal requested an encroachment within 50 ’ of the lakeshore for a deck. The DNR recommended denial of the variance to allow any structure or hardcover to within their 50 ’ setback for Lake Minnetonka. The deck and other structure was removed from the plan or placed outside of the 50 ’ setback following a denial recommendation by the Planning Commission. A lakeside deck does legally exist within 50' of the lakeshore. It was constructed in 1984 and was allowed to remain upon approval of Resolution Number 3547. The deck built in 1996 without a building permit is accessed from the residence by a sliding glass door. The Code does allow, as a non-encroachment a 4' by 4’ landing with stairs. Page 2 of 4 . 6. 7. 8. 9. It is the intent of the Comprehensive Plan and Zoning Code to protect the water quality of Lake Minnetonka by limiting the amount of hardcover a lot contains. No hardship exists on this lot that would require additional hardcover. The granting of the requested after-the-fact variances would be contrary to the provisions of Municipal Zoning Code Section 10.08, Subdivision 3 (A) with which the applicants must first comply in order that variances be granted. The Council finds that: A.The propert}' in question can be put to a reasonable use if used under the conditions flowed by the official controls if the proposed after-the-fact variances are granted. A deck that encroaches 40' from the lakeshore was constructed with a building permit in 1984 that is located on the lakeshore side of the home. B. The plight of the landowner was created by the applicant constructing the deck without applying for a building permit, knowing he could not meet the established allowed hardcover. C.Granting of the proposed after-the-fact variances would appear to serve as a convenience to the applicants and the applicants have not demonstrated a reasonable hardship or practical difficulty acceptable to the City Council. D.The conditions and Zoning Code limits imposed and existing on this property generally apply to all other land and structures in the zoning district in which this property is located as well as in adjacent residential zoning districts. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. As a result of the denial of after-the-fact variances, the aforementioned illegal deck must be removed within fourteen (14) days of the adoption of this resolution. Page 3 of 4 iop^ed by the City Council of the City of Orono on this 8th day of February, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN ss. The f(»egoing instrument was acknowledged before me on this 8th day of February, 1999, by tiabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 1 Notary Public Page 4 of 4 nccai‘-5 l/ .4S- Lgqal p€acription Loti • *nd I9 •Cryitil B«ach*i and all of Lot.2# Block 1# "Crystal Bay Viaw", Hanntpln County, Minnaaota, axcapt that p«rt o£ aald Lot 2 ofiibracad in tha plat of "Crystal Baach , accjrdins to tha plat tharaof on fila or of racord In tha of4ica of tha County Bacordar In and for aald County. JlLSCjai that part of abandonad County Stata Aid Klqhuay No. St fahoun as County Road in tha plat of "Crystal Baach"), ^Ich liaa aaatarly of tha aaatarly lina of Block 2 (and tha asM aatandad) in tha plat Crystal Bay Viav, northvast- arly and northarly of tha aatanaiona of tha northaaatarly and aoutharly llnaa of tha follouin9 daaeribad tractt U»ta B and ?. - - - - ... • •• V. . Id 7« *Cryatal Baach"i Ml of Lot 2, Block 1, Bay Vlao^, Naiuiapln County, hionaaota aacapt L of aald Lot 2 aobrarad In Lot T of Crystal • • r •. i*. exhibit a Descrioticn LO-.3 6 .nd ^^:crvs..: 3«=n";^-^ ihac "Crvscal Bay View , ^ of -cryscal 2each", par-, cf said Lor 2 ernbr«ed in the plat of C.yst^ accordina to the plat thereof on .lie or countv. office of the County Recorder in and .o. saic All that part of or-Crvstarleach" *•? . ea«er^ the same exter.dec) in .nc pla. .* f northeasteriv erlv and northerly o£ nne dLcrib^d Jrlc?= ‘ and ^ai'seach-.- All o! Lot 2, 3lcck 1. Hernepxn County, thai part of said Lot 2 Beach” according to -or-hwester 1/ of a except that part of said ‘^^^'*50* feet southeasterlyline drawn para*iOi vitn and Cis.ant au ^ ^ described a.* cf the present centerline of •lol--'''** »i«a- nf -he '-“nterline c:C ■^4nencinc at the intersec-- • -• ^ jouth said County State Aid 23 t said point line of Section 8, Township 1>-. ""’cente-Lr.e Sf also beino the intersection J 'jf^rlv at an ancler* e A u 1Q\» rhence run norcncas ^ •C.S.A.n. NO. cncii^- a. a.^ i •; n«» of SdlC of 107*54 • with the nt 4 feet: thenceC.S.A.K. No. 19 for a distance_of '• t.^..ZZ\C.S.A.K. No. 19 for a ‘ havino a radius ta.nce of 344.7 feet and cour.tv of Subject to an easement hereoy ’q an easement Hc.niecin for utility io and ecress from for driveway for the purpose sLch” to and fromall of the lots in the plat of Crystal Seacn oresent Countv State Aid Highway .lo. 5i. % COUNCIL MEETING REQUEST FOR COUNCIL ACTION FEB M991I 11 UF ORONO DATE: February 8, 1999 ITEM NO.: ^ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Approve Plans & Specifications and Authorize Advertisement for Bids Orono Orchards Sanitary Sewer Project Plans and specifications have been completed for this project. We are recommending approval of the attached resolution approving the plans and specification and ordering advertisement for bids for this project. The bid opening is schedulea for Wednesday March 17th at 11:00 a.m. COUNCIL ACTION REQUESTED: Motion to approve resolution approving the plans and specifications and ordering adverthement for bids for the Orono Orchards Sanitary Sewer project. r • • RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ORONO ORCHARDS SANITARY SEWER PROJECT WHEREAS, pursuant to resolution number 4161 passed by the Council on September 28,1998, the City Engineer (consulting engineer retained for the purpose) has prepared plans and specitications for the Orono Orchards Sanitary Sewer improvement project and has presented such plans and specifications to the Council for appr»val. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, MINNESOTA; 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, arc hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper (and in the Construction Bulletin) an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 21 days, shall specify the work to be done, shall state that bids will be .*eceived by the Clerk until 11:00 a.m. on Wednes^y, March 17,1999, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Cleric and Engineer, and will then be tabulated. An assessment hearing will then be held and after the assessment appeal period ends the bids will be considered by the Council at 7:00 p.m. on April 12,1999 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed v/ith the Clerk and accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to the Clerk for 5 per cent of the amount of such bid. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of February, 1999. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk ORONO, MINNESOTA ORONO ORCHARD SANITARY SEWER IMPROVEMENTS GABRIEL JABBOUR CHARLES KELLEY BARBARA PETERSON ROBERT SANSEVERE RICHARD FUNT GREG GAPPA TOM BARRETT RON MOORSE 1999 COUNCIL MAYOR COUNCILMEMBER COUNOLMEMBER COUNCILMEMBER COUNCILMEMBER PUBLIC SERVICES DIRECTOR CITY ATTORNEY CITY ADMINISTRATOR t M f > 1 I 8 LOCATION PL AM iCi^ I* • »er . ■ ' ‘-V-- / .-'t L-. 1 i/r aMMuous omAT ----OtlMG MTAa TYPICAL QwrWLAY STCTION «• wemM STREET RECONSTRUCTION. PATCHING A LIFT STATION ACCESS TYPICAL SECTION prnmmf %m m SXMtO smt tOCAHOM DBSrwG CIUM «* ICVOI ««ACC • i/«* AC* roor SEWER SERVICE RISER NOT 10 ICMl I II Ml !. i tfr •or-4* »M. ttfUMMOUS flVIT MIOMa VC rWM. KC«OM ORONO ORCHARD ROAD IMCC10M4. M«C »«* P S m I flTO J“%Urt ALL ir^ACf tocAiwi M1M pnowrr o«c« to ------WStABDIIION----------------------------1 OQMnucTCii to Htmitm KMMIIAL Acass A? AU KMCS OUM COMflMiClOA m«A UTT STATION CVSTSC 0UOC OVA ioor-s>«c ■"•loot ITT - r AVC • QAO«100* - r AVC • QAOT _>10* . r >vc • ft*o« omccmmal mac ijor - r KAc. lAOM • t ow I P! A " • i fi i « 8« ♦3 S' 1 « o S 2 i i t t i t • 2 2 2 s s o 1 * * M 3*00 n« ’ 5»oo T«oe 1 3 8 •»5 ‘- S^icStTioiSrS i.m h ^„«=**°°***^. piarttjn . ■» ■ ——---------------------------------;—^--------------------------««L - • ■ : ; 930 8 ----------------------—■ ^MdL 4^ 09 iS S A : ^ S i f ------------------UR. 8 «i»s im 'X r COUNCIL MEETING REQUEST FOR COUNCIL ACTION ® Cl I y OF OHONO DATE: February 8, 1999 ITEM NO.:7 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer ’s Report Item Description: Approve Plans & Specifications and Authorize Advertisement for Bids Head Sanitary Sewer Project Plans and specifications have been completed for this project. We are recommending approval of the attached resolution approving the plans and specification and ordering advertisement for bids for this project. The bid opening is scheduled for Wednesday March 17th at 11:00 a.m. COUNCIL ACTION REQUESTED: Motion to t^prove resolution approving the plans and specifications and ordering advertisement for bids for the Head Sanitary Sewer project. i RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS HEAD SANITARY SEWER PROJECT WHEREAS, pursuant to resolution number 4162 passed by the Council on September 28, 1998, the City Engineer (consulting engineer retained for the purpose) has prepared plans and specifications for the Head Sanitary Sewer improvement project and has presented such plans and specifications to the Council for approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, MINNESOTA: 1. Such plans' i specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper (and in the Construction Bulletin) an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 21 days, shall specify the work to be done, shall state that bids will be received by the Clerk until 11 :00 a.m. on Wednesday, March 17, 1999, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, and will then be tabulated. An assessment hearing will then be held and after the assessment appeal period ends the bids will be considered by the Council at 7:00 p.m. on April 12, 1999 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for 5 per cent of the amount of such bid. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of Februarv, 1999. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk ORONO, MINNESOTA MARTHA HEAD PROPERTIES SANITARY SEWER IMPROVEMENTS 1999 COUNCIL GABRIEL JABBOUR CHARLES KELLEY BARBARA PETERSON ROBERT SANSEVERE RICHARD FUNT GREG GAPPA TOM BARRETT RON MOORSE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PUBUC SERVICES DIRECTOR cmr ATTORNEY CITY ADMINISTRATOR n III k ijil 'Si ■ ii n 3 zs |c “ill 113* ^1 i/r rnnmtOM mum r siUMMaut um -tr aus s aoovoaii %tmt cumiu fAM STRggT PATCH TYPICAL SECTION LOCATION PLAN IHn "iSli ii iiiii I li 1*1; mi 2 3 REQUEST FOR COUNCIL ACTION COUMCIL MEETING •"EB 8,1994 I r Oh OHUlsiO DATE: February 8, 1999 ITEM NO. Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Request for Final Payment Bracketts Point/Bay Ridge Sanitar/ Sewer Project We have reviewed the information submitted by the City's engineering finii and recommend approval of this Final Request for Payment. The project included a change order necessitated by poor soil conditions encountered during consuaiction. The original plan was to install some of the sewer by directional boring methods for access reasons and to protect trees, with the remainder of the sewer being installed by open cut methods. Poor soils were anticipated in the open cut installation areas and provisions for lightweight aggregate, to compensate for the poor soils, were included in the plans and specifications. The soils were of such poor quality that, even with the use of light weight aggregate, installation of the pipe by open cut methods was not possible. The change order substituted about 1,200 feet of directional bored pipe for open cut pipe installation. COUNCIL ACTION REQUESTED: Motion to approve Final Request for Payment, Bracketts Point/Bay Ridge Sanitary Sewer Project to Barbarossa & Sons in the amount of $25,514.73 BONESTROO ROSENE ANDERLIK © 6516361311 02/03/99 1A:07 0 :03/07 N0:150 Bonestrac Itoscfw Oy^ntr.City of Qrono. P.O. Box 66. Crystal Bay, MN 33333 Date; January 21.1999 For Period:October 30. I99S to January 38. 1999 Request No; lO/ftnal Contractor;Barbarossa A Sons. P.O. Box 367. Osieo. MN 53356 request for payment BAY RIDOE AND BRACKETTS POrNT SANITARY SEWER IMPROVEMENTS File No. 139-9B-090 SUMMARY I Original Contract Amount Change Order • Addition Change Order • Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Lets Ritainage Subtotal Less Amount Paid Previously AMOUNT DUE THIS REQUEST FOR PAYMENT NO. mm 3 4 5 6 7 8 9 10 II $ $ lO/nnal 5S.33t.00 S t s s s s s $ 323>740.00 ST9^I.OO S]I.694.<5 0.00 321.694.65 0.00 S2U694.6S 496,179.92 23,314.73 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK ASSOCIATES, INC. Approved by Contractor: BARBAROSSA A SONS INC Approved by Owner; CITY OF ORONO Specif.ed Contract Completion Date: 1113dx 1 aeac^reeuf iti o wea Date: a O V --ft.V • -• ^ PtTI • ■ . • ■ BONESTROO ROSENE ANDERLIK W 6516361311 02/03/99 14:07 0 : 04/07 *N Contract Unit Quantity ADionai No.Item Unit Qnintlty Price to Data to Date 1 8" PVC. SDR 33. O'. S' deep in place LF 973 31.00 823 25,513.00 40 8 " PVC. SDR 33.8'-10' deep in place LF 347 32.00 511 I6JS2.00 3 8 ' PVC. SDR 35. 10'. 12' deep in place LF 83i 33.00 1237 40.121.00 4 8 ' PVC, SDR 33.12'. I4‘ deep In place LF 382 34.00 581 19.754.00 5 8" PVC. SDR 33,14'. 16' deep in place LF 93 35.00 55 1.925.00 6 S’* PVC. SDR 33.16'-18' deep in place LF 50 36.00 76 2.736.00 7 8- PVC, SDR 26.12’. 14' deep in piKe LF 41 36.00 10 360.00 8 8- PVC. SDR 26.14'. 16' deep in place LF 82 37.00 150 5.33000 8' PVC. SDR 26. 16'- 18' deep in place LF 210 38.00 170 6.460.00 10 8 “ DIP. 8'- 10' deep In place LF 20 50.00 20 1.000.00 n 8- DIP. 14'. 16' deep in place LF 12 54.00 4 216.00 12 Std. MH 8* dp., 4' dia.. w/Rl642B cstg.EA 17 1.700.00 15 25.500.00 13 MH depth greater than 8' deep LF 39.4 85.00 43.3 3.610.50 14 Force main access manhole EA 1 2,000.00 1 2,000.00 I4A Outside drop LF 8.2 300.00 4.1 1.230.00 15 Directionol bore 8" HDPELSDR 17 LF 630 29 00 624 18,096.00 16 3- HOPE, SDR II LF 1,815 20.00 1772 35.440.00 17 Directional bore 3' HOPE SDR 11 LF 184 24.00 184 4.416.00 IS Connect 3 " HOPE to exist. MCES FM stub EA I 3,000.00 1 3,000.00 16 Connect 3" HDPE into eKlsting manhole EA 1 1,000.00 1 1.000.00 20 Lightweight aggregate LF 1.010 30.00 1010 30JOOOO 21 3" .X 3" HDPE tee with cap EA 1 50.00 22 2 ".\ 1.1/2'* HDPE reducer EA 1 25.00 2)3" X 45 degree HDPE bend EA 3 30.00 nm 60.00 24 8* X 4'* PVC service w>e branch EA 22 30.00 26 780.00 25 8" X 2 " wye EA 1 50.00 26 4* PVC service pipe in place. SDR 26 LF 850 20.00 653 13.060.00 27 4" PVC service riser pipe In place. SDR 26 LF 35 20 00 28 4" HDPE service pipe directional bore LF 300 24.00 300 7,200.00 26 1.1/2“ HDPE service pipe directional bore LF 120 24 00 60 1.440 00 30 Improved pipe fdn. in 6* increment depth LF 1,950 3 00 1000 3.000 00 31 Mechanical trench compaction LF 1,950 1.00 2144 2,144.00 32 Insulation SY 20 20.00 11 220.00 33 Sanitary sewer television inspection LF 4.075 0.60 4043 2.423.80 34 Submersible Pump Lift Station 1 LS I 40.000.00 1 40,000.00 33 Submersible Pump Lift Station 2 LS 1 40,000.00 1 i lAl30\13QOOVr»qu«ttlO wb2 BONtSTROO ROSENE ANDERLIK ® 6516361311 • 02/03/9914:07 |3 : 05/07 NC F«rt 2 • RtstorttlOB 36 Bituminous surfacing removal SY 4,000 I.SO 4000 6,000.00 37 Common excavation CY 2.100 3.50 808 2,828.00 38 Class 3 aggregate base (100% crushed)TN 2,300 9.00 1746 15.714.00 3^Type 31 bituminous base course TN 600 28.30 399 17,071.50 40 Typi 41A bituminous wearing course TN 600 29.00 S88.7 17,072.30 41 Geoiextile fabric SY 4,700 1.25 2687 3,338.73 42 Bituminous material for tack coat OL 300 1.20 230 300.00 43 Bituminous street patching SY 700 6.75 700 4,725.00 44 Ciearingand grubbing LS 1 5,000.00 1 S.000.00 45 Sawcut bituminous LF IDO 6.00 46 Bituminous driveway restoration SY 600 6.73 47 Concrete drivewey reitorttion SF 100 10.00 48 27" diam. catch basin with casting EA 1 1,000.00 1 1,000.00 49 Remove existing CMP culvert LF 150 3.00 63 323.00 30 Furnish and install 13* CMP culvert LF ISO 20.00 53 1,060.00 31 IS” CMP flared end EA 4 130.00 32 Boulder retaining wall SF 80 14.00 66 924.00 53 Sod with 4" topsoil SY 13,000 2.00 10662 21.324.00 34 Seed with topsoil, mulch and fertilizer AC 0.4 3,280.00 O.II 360.80 33 Erosion control fence LF 1.000 2.00 390 U 80.00 36 Wild flower seeding SF 800 0.30 57 Furnish and plant Evergreen Tree (Blue Spruce) 6* high EA 20 220.00 9.5 2.690.00 58 Furnish and plant shade tree (Sugar Maple) 4” diameter EA 20 600.00 7 4,200.00 39 Remove and replace wood or chain link fence LF 300 16.00 97 1,332.00 60 Remove and transplant bushes EA 40 30.00 6 300.00 61 Remove and transplant tret • Desiduous EA IS 300.00 2 600.00 62 Remove and transplant tree - Coniferous EA 15 300.00 Total Part 2 • Restoration $106,983.35 Change Order No. 1 ADD 64 Rcsidentail simple grinder pump ftitions EA 1 3,600 00 1 3,600.00 Total Alternate No. 2 $3,600.00 I:\139\13090V*qutlt 10. wb3 BONESTROO ROSENE ANDERLIK ©6516361311 02/03/99 14:07 g :06/07*NO:150 Alternate No. 3 Bid • Directional Bore t* HDPB, MH-1 to MH-9 ADD 65 Directional bore 8“ HDP, SDR 17 LF 1010 90.00 1010 90,900.00 DEDUCT 66 8" PVC. SDR 35. I0’-12'd««p LF •400 33.00 •400 (13400.00) 67 8" PVC, SDR 35.12’-M deep LF ■513 34.00 •515 (17.310.00) 68 8" PVC. SDR 33. 14*.I6 ’d«ep LF -43 35.00 •45 (1.373.00) 69 8* PVC. SDR 35, I6’-I8‘deep LF •30 36.00 •30 (1,100.00) 70 Lightweight aggregate LF •1010 30.00 -610 (11,300.00) Total deduct (S3Z.3I3.00) Total Alternate No. 3 S3I.S 15.00 Chanfe Order No. 1 17 Directional bore 3* HOPE. SDR 11 LF 783 24.00 691 16,314 00 65 Directional bore V HOPE, SDR 17 LF 446 90.00 376 33.140.00 67 8" PVC. SDR 33.12*.M’deep LF 113 34.00 115 3.910.00 68 8* PVC. SDR 33, l4 ‘-l6-deep LF 5 35.00 3 173.00 70 Lightweight aggregate LF 40 30.00 40 1400.00 Total SSS.709.00 DEDUCT 1 8- PVC. SDR 33,0-r deep LF •233 31.00 -233 (7.143.00) 16 3 ’HOPE, SDR 11 LF •783 20.00 •783 (13,660.00) 66 8’PVC. SDR 35. 10'.|3'deep LF •435 33.00 -435 (14,333.00) 69 8" PVC. SDR 33.16*.irdeep LF •26 36.00 •26 (936.00) Total ($31,704.00) Total Change Order No. 1 S39.030.00 Total Part 1 - Sanitary Sewer $355.679 30 Total Part 2 • Restoration $l06.9t3.33 Total Change Order No. 1 $39,030.00 Total Work Completed to Date SSai.694.6S I V130Vi39^0vtaquai(i0.wb2 COUNCIL MEETING FEB 8,l999i REQUEST FOR COUNCIL ACTION Oil y UrUHUNO DATE; February 5,1999 ITEM NO.; ^ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer ’s Report Item Description: Request for Payment HA, Navarre Water Treatment Plant Rehabilitation We have reviewed the information submitted by the City's engineering fum and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment HA, to Shank Constructors, Brooklyn Park MN in the amount of $165,139.00. ^ I* I Bcr.cstrco•A M ChvTitr. City of Orono. 27S0 Kelly Pio»v. Orono. MN 55323-0066 Date: January 28. 1999 iv ’i Period: January 5.1999 to January 28.1999. I ;1 Ajjccate;------------------------------------------------Request No: t-<r«fit^.-i*:tcr.iCor.tr3cior: Shank Cor.sn^ctors. Inc.. 3501 85ih .Ave N. Brooklyn Park. MN 55445 REQUEST FOR PAY.MENT NAVARRE WATER TRLAT.ME.NT FACILITY RENOVATION BRA FILE NO. 13997 SUM.\L\RY I Original Contract Amount Chxnje Order • Addition Change Order - Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 5% Subtotal 10 Less Amount Paid Previously II A.MOUNT DUE THIS REQL'EST FOR PA\'MENT NO. 2 3 4 5 6 7 8 9 S S s s s s s s s s Recommended for Approval by: BONESTROO, ROSENE, ANDERLTK & ASSOCLATES, INC. Approved by Owner CITY OF ORONO Specified Contract Complerion Date:Date: l:\13S\13697\REQUEST4.VrB2 636.600 636.600 368,453 368.453 18,423 350.030 184.891 165.139 III I MU ^ I i 11■■ I I i*«fc ‘ar?i»yVL — 1 lar i No. Item Contract Unit Quantity Unit Quantity Current Price to Date Quantity Amount to Date Total price for the renovation of the Navane Water Treatment Fscility, including demolition, process equipment (by base bid martufacturers, as described in Part III of this Proposal) plumbing, HVAC, electrical work, controls and instrumentation, process pipi.ig. paindr.g, and all other items sho\vn, specified, or implied to place the facility into full operation for the LUMP SUM of: LS 1 2 3 4 5 6 mI 8 9 to II «•* • •• 13 Breakdown of above: .Mobilization & Div. I Dem.o • Lab. Derr.o • Mat. Concrete Bottom • Lab. Concrete Bottom • Mat. Div. 5 - Lab. Div. 5 • Mat. Div 8 - Lab. Div. 8 • Mat. Softening Equip • Ext. Softening Equip • Int. Filter Equip • Ext. Filter Equip'Int. ’.4 Piping i Valves 15 Ir;erior 16 Filter Equip-Lab. 17 Filter Equip - Mat. IS Softening Equip • Lab. 19 Softening Equip - Mat. 20 Filter Media • Lab. 21 Filter Media > Mat. 22 Softening Media • Lab. 23 Softening Media • Mat. 24 Chemical Feed • Lab. 25 Chemical Feed - Mat. 26 Pumps • Lab. 27 Pumps - .Mat. 2S Blower • Lab. 29 Blower - Mat. 30 Piping Si Valves • Lab. 31 Piping St Valves - Mat. 636,600.00 37.894.00 100%100%37,394 12,944.00 100%15%12.944 11,850.00 10<)?i 15% .11,850 10,121.00 100%100%10,121 10,360.00 100%100%10,360 493.00 1.173.00 1.190.00 4.989.00 5,200.00 40%40%2,080 9.000.00 100%70%9.000 13400.00 40%40%5,400 31,000.00 100%70%31.000 13.600.00 6,600.00 15,692.00 95*/.85%14,907 53,793.00 100«/.90%53.793 2,352.00 95%75%2,234 17,038.00 100%90%17.03S 4400.00 853'.853;3.570 28475.00 85*/.85%24,119 563.00 503'.503'.282 18454.00 lOO*.1003'i 18.554 7452.00 8.393.00 7400.00 16,827.00 1003'.03;16.827 5.937.00 6.757.00 26,922.00 103/.103'.2.692 87,181.00 503'.22%43.650 1 l:\139M3997\REQUEST4.WB2 • * 32 Hvac 33 Electrical 34 Steel 33 Welding 36 Grinding Total Work Completed To Date 16,200.00 134.000.00 25%to•33,230 1,200.00 60%30V.TOO 5.500.00 86V«65%4.751 2,300.00 51.5%27%1.457 •368,453 I I l:\139\1 »97\R£QUEST4.WB2 PROJECT PA\*MENT STATUS O'vner CITYOFORONO Project No. File No. Contractor SHANK CONSTRUCTORS. INC. CHANGE ORDERS No.Date DescriptioQ Amount 1 2 3 Total Cbanse Orden PAYNIENT SUNDIARY . \ 1 Start 10/31/98 79.313 4.174 58.969 2 10/31/98 12/01/98 19.149 5.182 103.644 3 1101 ■98 01/05/99 86.430 9.731 146.770 4 01.05 99 0l.'28/99 165.139 18.423 368.433 5 6 7 8 9 10 Material on Hand Total Pavmenl to Date S350.03I Original Contract S636.600.00 Retainaee. Pavmer.: No. 4 SI 8.423 Chanae Orders Total .Amount Earned S368.454 Revised Contract S636.600.00 IA139’.13S97ytEQUEST4.WB2 ! COUNC'L MEETING fE8 8,im REQUEST FOR COUNCIL ACTION ^ OF ohono DATE: February 3, 1999 ITEM NO: / 0 Department Approval: Administr^or Reviewed: Name LinVee Title City Clerk /'f / Agenda Section: City Administrator's Report Item Description: Request for Conveyance of Tax Forfeit Land - Resolution Attachments: 1. Map Identifying Location of Tax Forfeit Parcel 2. Hennepin County Conservation/Non-conservation List 3. Resolution The following parcel has been tax forfeited and is available to the City for public use or release for public sale: PID: 05-117-23 24 0082 Legal : Lot 14, Block 5, "Bay View Park” Staff has reviewed this wetland parcel located at the border of Stubbs Bay. It appears that the parcel is below the Ordinary High Water Level (OHWL) of Lake Minnetonka and is within the floodplain. Staff Recommendation Staff recommends acquiring the above noted parcel for the public purpose of drainage and conservation. A resolution requesting the conveyance of this lot for public use by the City is attached for Council consideration. COUNCIL ACTION REQUESTED: Motion to adopt a resolution requesting conveyance of tax forfeit land for public use by the City of Orono. .0 I l: I fr-*- « V 101 9 (/•<) I IT**, f% “ •■Yr^f TTk.mi-40 5vw;x^,^ O i!'«* h;;.’4?u-v"M§ 'V r D 7v ^ <« »_eileen 'A 0■^fAirZr’^^i' "1 I st*y t«r44*ie*t Mt.90 'Os—^r ------- •xh "Tjnr >(^ #>«o’l) wm t^jn \i \r \v*.%" >u.> (j^ JLT 'V V, <w '/■ y > —___L.iJ£. \h i.* ly.•*...• •• •*\ w Vf^rnt —4EIHfi •0 \Mii8)' 9 a ni l> / •1• *v \ 2 IV * :• ••. 3 • • --^iac iv rnr ii •. 5*^ 7 «•0 • < t_JU wr> f % ^ 9• * < rt' m,n ! : 3woo: /ii *q7 i »• i V •• /' :4. II? / V3 ^4 ^Si‘ w / '/ xy 2* / V aa / (H) 6 <* • 4 *fc 0"" -•■ /«7 . a* 87 1 ViJlen6i aM. ' Vrs f Property ID Number Property Address Target Property Tvoe C/NC Area Y/N 05 117 23 24 0082 38 ADDRESS UNASSIGNED IN 1064 Conseivation / Non-conservation List fSBI CITY OF ORONO Previous Owner Date of JudgmeiitLand ' Value Date of Forfeiture Building Value. PART OF STUBBS BAY ® LAKE MINNETONKA DANIEL P CAHILL 04/17/95 08/20/98 LAND $200 BLDG $0 Market Value $200 Special Assessments Before Forfeiture (AS OF 10/30/98) Legal Tenants Description Vacant VACANT LOT 14 BLOCK 5 ••BAY VIEW PARK" (S' REQUESTING CONVEYANCE OF TAX FORFEIT LAND FOR PUBLIC USE BY THE CITY OF ORONO WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statute 282, the City has received from Hennepin County a list of lands within the City which have become the property of the State of Minnesota for non-payment of real estate taxes; and WHEREAS, the Hennepin County Board of Commissioners have classified said lands as conservation land and have authorized the sale of each such parcel of land subject to review and release by the City; and WHEREAS, the City Council has reviewed said lands for compliance with local zoning ordinances, for the amount of outstanding special assessment remaining unpaid to the City, and/or for possible public use by the City as authorized by the statutes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono, pursuant to Minnesota Statute Section 282.01, Subdivision 1, hereby applies to the Hennepin County Board of Commissioners and to the Commissioner of Revenue for conveyance of the following tax forfeited land to the City for public use by the City of Orono. PARCELS RETAINED FOR USE BY THE CITY District 38 P.I.D. 05-117-23-24-0082 Public Purpose drainage and conservation Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held the 8th day of February, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 1 of 1 REQUEST FOR COUNCIL ACTION COUNCIL MEETING FEB S 1999. y or unu/vu DATE: February 5,1999 ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Flexible Compensation Plan - Resolution The Internal Revenue Code enables employees to elect to use pre-tax compensation to pay for health •id dental care expenses, and dependent day care expenses. In order for the City to provide this benefit to its employees, the City needs to adopt a flexible compensation plan that meets the requirements of the Internal Revenue Code. The City has had a flexible compensation plan in place for a number of years. The plan is administered by a third party administrator on a contractual basis. Effective January 1,1999, the City contracted with a new firm (DCA) for the administration of the plan. As part of this change, DCA has prepared an updated flexible compensation plan document for City adoption. COUNCIL ACTION REQUESTED: Motion to adopt a resolution adopting the City of Orono flexible compensation plan, and authorizing the Mayor and City Administrator to sign the flexible compensation plan document. A RESOLUTION ADOPTING THE CITY OF ORONO FLEXIBLE COMPENSATION PLAN is adopted; RESOLVED, that the City of Orono Flexible Compensation Plan, be and the same BE IT FURTHEP RESOLVED, that the City Administrator and his designees are hereby authorized to make such contributions from the funds of the City as are necessary to carry out the provisions of said Plan at any time; and BE IT FURTHER RESOLVED, that in the event any conflict arises between the provisions of said Plan and the Employee Retirement Income Security Act of 1974 (ERISA) or any other applicable law or regulation (as such law or regulation may be interpreted of amended), the City shall resolve such conflict in a manner which complies with ERISA or such law or regulation. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held February 8, 1999. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk RESO-OWyFLEXCO.MP RES Page 1 of 1 1 i i TABLE OF CONTENTS PAGE Article I. The Plan........................ Section 1.1 Establishment Section 1.2 Purpose ........ Article II. Definitions .................... Section 2.1 Definitions .............................................................................................1 Section 2.2 Gender and Number .............................................................................5 Article III. Eligibility and Participation Conditions..............................................................5 Section 3.1 Participation Conditions.......................................................................5 Section 3.2 Application to Participate.....................................................................5 Section 3.3 Commencement of Participation.........................................................5 Section 3.4 Continuation Coverage ........................................................................6 Section 3.5 Family or Medical Leaves ....................................................................6 Section 3.6 Qualified Medical Child Support Orders ..............................................8 Section 3.7 Rights Upon Reemployment After Military Leave of Absence..........9 Article IV. Plan Contributions and Benefit Costs..............................................................9 Section 4.1 Benefit Costs........................................................................................9 Section 4.2 Pay Conversion Contributions.............................................................9 Section 4.3 Employer Contributions......................................................................10 Section 4.4 Benefit Selection .................................................................................10 Section 4.5 Revocation or Changes in Benefit Elections.....................................10 Section 4.6 Termination of Employment ...............................................................11 Section 4.7 Cessation of Required Contributions.................................................12 Section 4.8 Adjustments to Prevent Discrimination.............................................12 Section 4.9 Available Benefits ...............................................................................12 Article V. Plan Benefits .....................................................................................................12 Section 5.1 Available Benefits ...............................................................................12 Section 5.2 Benefits ................................................................................................13 5.2.1 Health Coverage .....................................................................13 5.2.2 Medical Reimbursement .........................................................13 5.2.3 Dependent Care Reimbursement ..........................................15 5.2.4 Life Insurance.........................................................................17 5.2.6 Dental Coverage .....................................................................17 Section 5.3 Taxable Cash Compensation............................................................17 Article VI. Claims Procedure ...........................................................................................18 Section 6.1 Written Claim for Benefits .................................................................„18 Section 6.2 Claims Procedure ...............................................................................18 Article VII. Administration and Finances ...........................................................................19 Section 7.1 Administration......................................................................................19 Section 7.2 Delegation ...........................................................................................19 Section 7.3 Reports and Records .........................................................................20 Section 7.4 Actions of the Employer ......................................................................20 Section 7.5 Finances..............................................................................................20 Section 7.6 Indemnification ....................................................................................20 Article VIII. Amendments and Termination .......................................................................20 Section 8.1 Amendments .......................................................................................20 Section 8.2 Benefits Provided through Third Parties ............................................21 Section 8.3 Termination .........................................................................................21 Article IX. Miscellaneous ...................................................................................................21 Section 9.1 No Guaranty of Employment ..............................................................21 Section 9.2 Limitation on Liability..........................................................................21 Section 9.3 Non-Alienation ....................................................................................21 Section 9.4 Applicable Law...................................................................................22 Section 9.5 Benefits Provided Through Third Parties ...........................................22 City of Orono Flexible Compensation Plan (Effective January 1,1991) (Amended and Restated Effective January 1,1999) Article I. The Plan Section 1.1 Establishment. City of Orono (hereinafter the “Employer ”), hereby amends and restates, effective January 1, 1999, the City of Orono Flexible Compensation Plan (the "Plan”), which is a plan of flexible compensation for the exclusive benefit of Eligible Employees of the Employer. Section 1.2 Purpose. The purpose of the Plan is to increase the social insurance protection of Eligible Employees by making available to those employees different combinations of health care benefits, dental care benefits, health care reimbursement benefits, dependent day care benefits, life insurance benefits and direct compensation. The Plan is intended to comply with the provisions of Sections 79, 105, 125, and 129 of the Internal Revenue Code of 1986, as amended. Article II. Definitions Section 2.1 Definitions. Whenever used in the Plan, the following words and phrases shall have the meanings set forth below unless the context plainly requires a different meaning, and when the defined meaning is intended, the term is capitalized: (a) "Code” means the Internal Revenue Code of 1986, as amended, and any successor tax code. References to a Code section shaii be to that section as it now exists and to any successor provision. (b) "Compensation" of a Participant means the total base salary or wages paid to an employee including vacation pay, sick pay, and holiday pay (without regard to any salary reduction under this Plan (or an Employer-sponsored Section 403(b) Plan). 1 (c) "Dependenr means an individual who qualifies as a dependent under the terms of Section 152 of the Code. (d) "Effective Date " means the effective date of this amendment and restatement, which is January 1,1999. (e) “Eligible Employee " means an employee of the Employer who Is employed in the United States, and whose customary weekly employment Is not less than Twenty (20) hours per week. An eligible employee will be eligible to participate the first of the month following Thirty (30) days of employment. (f) "Employer " means City of Orono. (g) "Employment Related Dependent Dav Care Expense " means an "employment-related expense,” as defined In Section 21(b) of the Code. As of the Effective Date of the amended and restated Plan, this means an amount paid for expenses of a Participant for household services or for the care of a Qualifying Individual, to the extent that such expenses are incurred to enable the Participant to be gainfully employed, within the meaning of Section 21(b)(2) of the Code, for any period for which there are one (1) or more Qualifying Individuals with respect to such Participant: provided, however, that (1) if such amounts are paid for expenses incurred outside the Participant ’s household, they shall constitute Employment Related Dependent Day Care Expenses only if incurred for a Qualifying Individual who is a Dependent under the age of thirteen (13) for whom the Participant is entitled to an exemption under Section 151 (c) of the Code or for a Qualifying Individual who regularly spends a least eight (8) hours per day in the Participant ’s household; (2) if the expense is incurred outside the Participant ’s home at a facility that provides care for more than six (6) individuals who do not regularly reside at the facility, the facility must comply with all applicable state and local laws and regulations, including licensing requirements, if any; and (3) Employment Related Dependent Day Care Expenses of a Participant shall not include amounts paid or incurred for services provided by (i) a child of such Participant who is under the age of nineteen (19) or (ii) an individual who is a Dependent of that Participant or the Participant ’s spouse. (h) "Health Care Reimbursement Charge " means the cost to a Participant for coverage under the medical reimbursement plan described in paragraph 5.2.2 hereof. (i) “Medical Care " includes the diagnosis, cure, mitigation, treatment, or prevention of sickness, injury, or defect. Expenses for Medical Care shall consist of expenses for medical care as defined in Sections 213(d)(1)(A) and (B) of the Code, and shall include, but not be limited to, payments for the purpose of affecting any structure or function of the body, for any hospital or nursing charges, optometrical, ophthalmological, or auditory care, dental care, psychiatric care, prescription drugs, insulin, eyeglasses, hearing aid appliances, and similar prosthetic devices, and medical related transportation expense; provided, however, that medical care shall not include any cosmetic procedure that is not medically necessary. (j) "Participant " means an Eligible Employee of the Employer who has satisfied the participation conditions of Article III. A person who becomes a Participant shall remain a Participant until all benefits due the Participant under the provisions of the Plan have been paid to the Participant or otherwise have been satisfied. (k) "Period of Coverage ", with respect to any Plan Year, means the Plan Year; provided that, (i) for any Eligible Employee who becomes a Participant after the start of a Plan Year, the Period of Coverage shall mean the period commencing on the effective date of the Eligible Employee's participation, (ii) the Period of Coverage for any Participant shall end at the end of the month in which termination occurs or the Participant ceases to be an Eligible Employee, except (A) with respect to dependent day care reimbursement coverage under paragraph 5.2.3 or (B), in the case of medicai reimbursement coverage under paragraph 5.2.2, if the Employee continues coverage in a manner consistent with this Plan, and (iii) with respect to medicai reimbursement coverage under paragraph 5.2.2, the Period of Coverage shall not include any portion of the Plan Year for which the Participant does not pay the applicable Health Care Reimbursement Charge. (I) "Plan " means the "City of Orono Flexible Compensation Plan" as set forth herein and as amended or restated from time to time. (m) "Plan Year ” means the twelve-month period ending each December 31. (n) "Qualifying Individual " means a “qualifying individual" as defined in Section 21(b) of the Code, which includes, on the Effective Date of this Plan, (i) a Dependent of a Participant who is under the age of thirteen (13), with respect to whom the Participant is entitled to an exemption under Section 151(c) of the Code, and (ii) a Participant's Dependent or spouse who is physically or mentally incapable of caring for himself. (o) "Status Change " with respect to a Participant means a change in the Participant ’s marital status or number of Dependents, a commencement or termination of employment of a Participant ’s spouse, a change in the employment status of the Participant or the Participant ’s spouse from full-time to part-time or vice versa, an unpaid leave of absence of the Participant or the Participant ’s spouse, a family or medical leave as described in Section 3.5, a significant change in the health coverage of the Participant or the Participant ’s spouse that is beyond the control of the Participant or the Participant ’s spouse and is related to the employment of Participant ’s spouse, or such other changes In circumstances that the Employer administratively defines as Status L Changes, so long as any such definition is consistent with applicable law ^ and regulations and is applicable to Participants on a uniform basis. Section 2.2 Gender and Number. Pronoun references in the Plan shall be deemed to be of any gender relevant to the context, and words used in the singular may also include the plural. Article III. Eligibility and Participation Conditions Section 3.1 Participation Conditions. As a condition to participation and receipt of benefits under this Plan, an Eligible Employee agrees to: (a) Furnish to the Employer the application to participate provided for in Section 3.2 within thirty (30) days of becoming an Eligible Employee; (b) . Designate a portion of his/her Compensation as Pay Conversion Contributions in accordance with the provisions of Section 4.2; (c) Observe all rules and regulations implementing this Plan; (d) Consent to inquiries by the Employer with respect to any physician, hospital, or other provider of Medical Care or other services involved in a claim under this Plan; and (e) Submit to the Employer, or such other agent as the Employer may designate, all reports, bills, and other Information which the Employer may reasonably require. Section 3.2 Application to Participate . As a condition of participation, each Eligible Employee shall execute and deliver to the Employer a written and signed application by which the Eligible Employee applies to participate in the Plan, designates the required amount of Compensation for the Plan Year in question as Pay Conversion Contributions as described in Section 4.2, make a benefit election, and supply any other pertinent information that the Employer reasonably requires. Section 3.3 Commencement of Participation . An employee will become a Participant on the date the employee becomes an Eligible Employee and satisfies all participation conditions provided for in Section 3.1 or on the first day of any subsequent Plan Year. Section 3.4 Continuation Coverage. A Participant whose employment is terminated or who takes a leave of absence, Including a Family or Medical Leave under Section 3.5 or a military leave as defined in Section 3.7, shall be entitled to continue coverage as provided in this Plan or as may otherwise be required by applicable law. Other persons shall be entitled to commence or continue coverage as required by applicable law. Section 3.5 Family or Medical Leaves. If the Family and Medical Leave Act of 1993 applies to the Employer and a Participant takes a Family or Medical Leave as those terms are defined under the Family and Medical Leave Act of 1993, the Participant may continue to participate In this Plan consistent with one of the following provisions: (a) the Participant shall agree to make all required contributions for the benefits he or she has selected under the Plan on an after-tax basis during the Family or Medical Leave at such times as the Employer may require pursuant to reasonable rules established by the Employer, or (b) prior to the beginning of such leave, the Participant shall pay all contributions required for the benefits he or she has selected under the Plan for the duration of the leave, (i) on an after-tax basis or, (ii) if the Participant has Compensation from which such payment may be deducted, on a pre-tax basis, but only for the portion of the leave extending through the end of the calendar year in which such prepayment occurs, but only for the portion of the leave extending through the end of the calendar year in which such prepayment occurs. Notwithstanding the foregoing. If the Employer continues to provide or maintain coverage under any benefit selected by a Participant during a Family or Medical Leave in circumstances where the Participant has elected to continue such coverage and has failed to make the required contributions, the Employer shall have the right to recover the cost of such coverage from the Participant at the end of the Family or Medical Leave to the fullest extent authorized by the Family and Medical Leave Act of 1993-and pursuant to any method authorized by the Family and Medical Leave Act of 1993. A participant taking a Family or Medical Leave may revoke any existing election of health coverage benefits under paragraph 5.2.1 or medical reimbursement benefits under paragraph 5.2.2 by providing written notice of such revocation to the Employer, on a form prescribed by the Employer, not later than 30 days after the commencement of the Family or Medical Leave. If a Participant ’s coverage benefits under paragraph 5.1.1 or medical reimbursement benefits under paragraph C 2.2 terminate while a Participant is on a Family or Medical Leave, either because of revocation, as described above, or nonpayment of premiums, upon returning from the Family or Medical Leave the Participant will be entitled to reinstate such Participant ’s benefit election and coverages for the remainder of the Plan Year, on the same terms as applied prior to the commencement of the Family or Medical Leave; provided, however, if a Participant ’s medical reimbursement coverage is reinstated upon return from a Family or Medical Leave and the Participant is entitled to reinstate coverage only because the coverage terminated in connection with a Family or Medical Leave, (a) the Participant ’s Period of Coverage for the Plan Year will exclude periods for which coverage had lapsed because of the revocation or termination, (b) no Medical Care expenses incurred during the excluded period will be eligible for reimbursement under the Plan, (c) the Participant ’s level of coverage for such Plan Year will equal the Participant ’s coverage level In effect at the time of the revocation or termination reduced on a pro-rata basis to reflect excluded periods for which the Health Care Reimbursement Charges were not paid, and (d) all previously paid benefits will be charged against that revised coverage level. To reinstate coverage under this Section the Participant shall provide a written request for reinstatement to the Employer, on a form prescribed by the Employer, prior to, or not later than 30 days after, the .. Participant’s return from the Family or Medical Leave. Section 3.6 Qualified Medical Child Support Orders. (a) Procedures. The Company shall establish reasonable procedures to determine the qualified status of Medical Child Support Orders ("Orders"), and to administer the provision of benefits under such Orders. Such procedures shall be in writing and shall be deemed a part hereof. When the Company receives an Order, it shall promptly notify the Participant, and each Alternate Recipient of the receipt of such Order and the Plan’s procedures for determining the qualified status of such Orders. Such notice shall be in writing and shall be mailed to each person entitled to notice at the address included in the Order. An Alternate Recipient may designate a representative for receipt of copies of any and all notices either in the Order or by a writing addressed to the Company. Within a reasonable period after receipt of such Order, the Company shall determine whether such Order is a Qualified Medical Child Support Order and notify the Participant and each Alternate Recipient (or his or her designee) of such determination. (b) Definitions. For purposes of this section, the following items have the following meanings: (i) “Medical Child Support Order ” means any judgment, decree or order (including approval of a settlement agreement) issued by a court of competent jurisdiction which (i) provides for child support with respect to a child of a Participant under the Plan or provides for health benefits coverage to such a child, is made pursuant to a State domestic relations law (including a community property law), and relates (or arguably may relate) to benefits under the Plan or (ii) enforces a law relating to medical child support described in Section 1908 of the Social Security Act with respect to the Plan. (ii) “Alternate Recipient" means any child of a Participant who is recognized under a Medical Child Support Order as having a right to enrollment or benefits under the Plan with respect to such Participant. (iii) "Qualified Medical Child Support Order" means a medical child support order which (I) creates or recognizes the existence of an Alternate Recipient’s right to, or assigns to an Alternate Recipient the right to, receive benefits for which a Participant or beneficiary is eligible under the Plan, (ii) clearly specifies (A) the name and the last known mailing address (if any) of the Participant and the name and address of each Alternate Recipient covered by the Order, (B) a reasonable 'description of the type of coverage to be provided by the Plan to each such Alternate Recipient, or the manner In which such type of coverage is to be determined, (C) the period to which such order applies, and (D) each plan to which such order applies, and (iii) does not require the Plan to provide an type or form of benefit, or any option, not othen/vise provided under the Plan, except to the extent necessary to meet the requirements of the law relating to medical child support described in Section 1908 of the Social Security Act, Section 3.7 Rights Upon Reemployment After Military Leave of Absence.. A Participant whose coverage under a “Health Plan," (as that term is defined under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA”)) offered through this Plan was terminated during a military leave of absence (as defined under USERRA), such Participant shall be entitled to reinstate coverage under such Health Plan consistent with the USERRA. Article IV. Plan Contributions and Benefit Costs Section 4.1 Benefit Costs. The cost of any benefit elected by a Participant shall be paid for through the Participant ’s available Employer contributions or Pay Conversion Contributions as described below. Section 4.2 Pay Conversion Contributions. Each Participant shall designate a portion of the Participant ’s Compensation as Pay Conversion Contributions at a rate equal to the maximum aggregate annual employee costs of all benefits that may be elected by the Participant under this Plan, reduced by the amount of any Employer contributions available to such Participant under Section 4.3. Except as otherwise provided by the Employer, Pay Conversion Contributions shall reduce the Participant ’s Compensation ratably on each day during the Plan Year following the effective date of the Participant’s participation. The Employer may utilize election forms which do not require an initial reduction and an election to take the balance in cash so long as the end result Is the same as provided above. Section 4.3 Employer Contributions. In its discretion, the Employer may make contributions to the Plan on behalf of the Participants whom they employ. Any such contributions shall be made at an annual rate determined by the Employer. A pro rata portion of such contributions shall be contributed on such date or dates during the Plan Year as the Employer determines in its sole discretion. Employer contributions shall be made only on behalf of Participants who are currently employed by the Employer on the date that the contribution is made. A Participant’s Employer contributions shall be automatically applied to pay the Participant cost of any benefits elected by the Participant. It no benefits are elected, Employer contributions will be used to pay the Participant taxable cash compensation benefits under Section 5.3. Participants shall be infor.med prior to the commencement of each Plan Year of the amount, if any, of such Employer contributions to be made during the Plan Year. Section 4.4 Benftfit Selection. A Participant’s initial benefit election shall be made as part of the application to participate. Thereafter, subject to such reasonable restrictions, if any, as the Employer may impose on a uniform basis with respect to elections regarding specific benefits, a Participant may change his or her election for a subsequent Plan Year by providing written notice to the Employer, on forms prescribed by the Employer and at such time prescribed by the Employer. The Employer or any provider of benefits hereunder may impose restrictions on the election of benefits under the Plan, such as, but not limited to, evidence of insurability. Section 4.5 Revocation nr Changes in Benefit Elections. A Participant’s benefit election for any Plan Year shall be irrevocable during the Plan Year, except that (a) the Employer may limit or reduce a Participant’s contributions allocable to certain benefits in accordance with Section 4.8, and (b) changes may be made as required by the Family and Medical Leave Act of 1993 and Section 3.5, and (c) if there is a Status Change, a Participant shall be entitled to change the Participant ’s election of benefits in a manner that is consistent with the Status Change by providing written notice thereof to the Employer, on a form prescribed by the Employer, either prior to or after the Status Change, but not later than thirty (30) days after the occurrence of the Status Change; provided, however, that a Participant may not make any change pursuant to this clause (c) that would reduce the Participant ’s level of health care reimbursement coverage under paragraph 5.2.2 to an amount that would be less than the amount of benefits claimed under such coverage as of the date the change would become effective. Any such change shall be effective for the first pay period for which the Employer can process the change, but not later than thirty (30) days after the date such Participant ’s written notice is received by the Employer. Notwithstanding the foregoing, (x) any Participant whose benefit election has been revoked for such Plan Year pursuant to Section 4.7 below shall at no time be entitled to make a new benefit election for such Plan Year, and (y) a Participant who has elected to pay for a benefit solely through after-tax payroll deductions rather than through Pay Conversion Contributions may make election changes with respect to such benefit in accordance with rules established by the Employer. If there is a change in cost of coverage for a benefit provided by an independent third party, the Employer may, on a reasonable and consistent basis, automatically adjust the Participant ’s election and automatically increase or decrease, as the case may be, all affected Participant ’s Pay Conversion Contributions. To the extent provided by the Employer on a uniform basis. If coverage under a health plan provided by an independent third party Is significantly curtailed or ceases during a Period of Coverage, affected Participants may revoke their elections under such health plan, and, in lieu thereof, elect to receive on a prospective basis coverage under another health plan with similar coverage. Section 4.6 Termination of Employment. In the event of the termination of a Participant ’s employment, the Participant ’s Pay Conversion Contributions will cease at such time as the Participant ceases to receive Compensation for employment services. To the extent permitted under Section 3.4 such a Participant may elect to continue to make contributions for benefits under this Plan other than through Pay Conversion Contributions. If the Participant should return to service with the Company during the Plan Year, the participant will be able to resume their benefit election if they return v/ithin 30 days. If you return after 30 days but within the same plan year, they will be allowed to make a new benefit election for that Plan Year, if you become reemployed. This Is applicable to plan years beginning after December 31,1998. Section 4.7 Cessation of Required Contributions. A Participant’s election to receive a benefit under this Plan shall be automatically revoked effective the first day of any period for which such Participant fails to make a contribution required by the Employer for such benefit for such period. Section 4.8 Adjustments to Prevent Discrimination. If the Employer believes that the Plan or any of its benefits might otherwise be deemed discriminatory under any provision of the Code, it may, in its absolute discretion, limit or reduce the amount of Employer contributions and Pay Conversion Contributions of such Participants allocable to such benefits described herein in such amounts as are necessary, in its good faith judgment, to avoid such discrimination; provided that any such limitation imposed by the Employer shall apply on a uniform basis among the affected Participants. Section 4.9 Available Benefits. The Employer shall maintain and make available to Participants accurate lists and descriptions of the respective types, amounts, and costs of benefits available through the Plan. Each Participant shall be notified in writing if there is (a) a change in the cost of a benefit or (b) a change in the type, nature, or amount of any benefit. Article V. Plan Benefits Section 5.1 Available Benefits. Except as otherwise provided In this Article, and subject to any open enrollment or other provisions of contracts with third party benefit providers, a Participant may use available Employer contributions or Pay Conversion Contributions to pay for the benefits described in Section 5.2 that the Participant has elected to receive. Benefits shall be provided under such insurance policies, plans, programs or other arrangements as are obtained by or established by the Employer. All benefits are subject to the terms and conditions of the plans, policies, programs or other arrangements obtained or established by the Employer to fund or provide those benefits. Section 5.2 Benefits . 5.2.1 Health Coverage . Payment of the employee cost of coverage under the City of Orono Medical Plan. 5.2.2 Medical Reimbursement . A Participant may elect to receive medical reimbursement benefits under the terms and conditions of this paragraph 5.2.2. (a) Health Care Reimbursement Coverage . Participants may elect to receive medical reimbursement coverage of up to a maximum coverage of $1,800 per Plan Year but not less than $120 per Plan Year. (b) Health Care Reimbursement Charge . Prior to the commencement of each Plan Year, the Employer shall determine and communicate to Participants the annual rate of the Health Care Reimbursement Charge for each dollar of medical reimbursement coverage for the forthcoming Plan Year. A Participant's Health Care Reimbursement Charge shall be payable from the Participant’s available Employer contributions or Pay Conversion Contributions on a monthly or other periodic basis during the Plan Year as determined by the Employer and communicated to Participants. (c) Health Care Reimbursement Benefits . Subject to limitations contained in other provisions of this Plan, a Participant who Incurs expenses for Medical Care attributable to the Participant or the Participant’s spouse or Dependents during the Participant’s Period of Coverage for a Plan Year shall be entitled to receive from the Employer full reimbursement ^or the entire amount of such expenses to the extent of the maximum amount of coverage elected by the Participant for that Plan Year. The Employer shall pay all such expenses to the Participant upon the presentation of documentation of such expenses in a form prescribed by the Employer, which sha ‘1 include satisfactory third party evidence of the amount of the expense and the date(s) Incurred. In addition, upon presentation of a claim, a Participant shall expressly represent that the item for which a claim is made is not subject to reimbursement under any policy described in paragraph 5.2.2(d) or from any other source. In its discretion, the Employer may pay any of such expenses directly, in which event the Employer shall be relieved of all further responsibility with respect to that particular expense. These expenses shall be paid periodically during the Plan Year upon receipt during the prior month of a claim complying with Plan requirements and totaling at least Twenty Five Dollars ($25.00), and by March 15 (no minimum claim) following the close of the Plan Year upon receipt no later than February 28 of a claim complyiry with Plan requirements. (d) I imitatinns on Health Care Reimbursement Benefits . Anything in the Plan to the contrary notwithstanding, no Participant shall be entitled to benefits under this paragraph 5.2.2; (i) If, and to the extent that, the reimbursement or payment is covered under any insurance policy or policies, whether paid for by the Employer or the Participant, or under any other health and accident plan by whomever maintained. If that there is such a policy or plan in effect providing for reimbursement or payment. In whole or in part, then to the extent of the coverage under that policy or plan, the Plan shall be relieved of any liability; or (ii) To the extent that the expense has been submitted for reimbursement from the Participant’s Dependent Day Care Reimbursement Account. (e) Separate Written Plan. For purposes of the Code, paragraph 5.2.2 shall constitute a separate written plan providing for the reimbursement of Medical Care expenses. To the extent necessary, other provisions of the Plan are Incorporated by reference in paragraph 5.2.2. 5.2.3 Dependent Day Care Reimbursement . A Participant may elect to receive dependent day care reimbursement for eligible dependent day care expenses under the terms and conditions of paragraph 5.2.3. (a) Dependent Day Care Reimbursement Accounts. A Dependent Day Care Reimbursement Account shall be established for each electing Participant for each Plan Year. Each Dependent Day Care Reimbursement Account shall initially contain Zero Dollars ($0.00). (b) Increases in Dependent Dav Care ^•^dimbursement Accounts. A Participant’s Dependent Day Care Reimbursement Account shall be increased each relevant pay period by such whole dollar amount of the Participant’s available Employer contributions or Pay Conversion Contributions as the Participant has elected to apply toward the Participant’s Dependent Day Care Reimbursement Account provided that the maximum annual rate of increase of a Participant’s Dependent Day Care Reimbursement Account attributable to a Participant’s Employer contributions or Pay Conversion Contributions shall be Five Thousand Dollars ($5,000) and the minimum shall be 120 Dollars $120. (c) Decreases in Dependent Dav Care Reimbursement Account . A Participant ’s Dependent Day Care Reimbursement Account shall be reduced by the amount of any benefits paid to or on behalf of a Participant pursuant to paragraphs 5.2.3(d) or 5.2.3(e). (d) Dependent Day Care Benefits. Subject to limitations contained in other provisions of this Plan, and to the extent of the amount contained in the Participant ’s Dependent Day Care Reimbursement Account, a Participant who incurs Employment Related Dependent Day Care Expenses shall be entitled to receive from the Employer full reimbursement for the entire amount of these expenses incurred during the Period of Coverage for a Plan Year to the extent of the amount contained in the Participant ’s Dependent Day Care Reimbursement Account for that Plan Year; provided that no reimbursement shall be paid pursuant to this paragraph 5.2.3 to the extent that an expense has been submitted for reimbursement as a Medical Care expense under paragraph 5.2.2. The Employer shall pay all such expenses to the Participant upon the presentation to the Employer of documentation of these expenses in a form prescribed by the Employer. However, in its discretion, the Employer may pay any of these expenses directly, in which event the Employer shall be relieved of all further responsibility with respect to that particular expense. These expenses shall be paid periodically during the Plan Year upon receipt during the prior month of a claim complying with Plan requirements and totaling at least Twenty Five Dollars ($25.00), and by March 15 (no minimum claim) foiiowing the close of a Plan Year upon receipt no later than February 28 of a claim compiying with Plan requirements. (e) Forfeiture of Unused Benefits. If, following the final payment of reimbursement benefits for eligible expenses incurred during the Period of Coverage for any Plan Year, any amount remains In a Participant ’s Dependent Day Care Reimbursement Account for that Plan Year, tlie Participant shall forfeit such amount to the Employer, and shall have no further claim to that amount. (f) Annual Statement of Benefits. On or before January 31 of each calendar year, the Employer shall furnish to each individual who was a Participant that received benefits under paragraph 5.2.3 during the preceding calendar year, a statement of all such benefits paid to or on behalf of that Participant during the prior calendar year. (g) Separate Written Plan . For purposes of the Code, paragraph 5.2.3 shall constitute a separate written plan providing a program of dependent day care assistance. To the extent necessary, other provisions of the Plan are deemed incorporated by reference In paragraph 5.2.3. 5.2.4 Life Insurance . Payment of the employee cost of up to $50,000 of coverage under the City of Orono Life Insurance Plan. 5.2.6 Dental Coverage . Payment of the employee cost of coverage under the City of Orono Dentai Plan. Section 5.3 Taxable Cash Compensation . The amount of any Employer contribution or Pay Conversion Contributions not used by a Participant for benefits, shall be paid to the Participant as taxable cash compensation at the time the contributions constituting such Empioysr contributions or Pay Conversion Contributions v/ould be paid without regard to this Plan. Taxable cash compensation under this Section 5.3 shall be deemed a benefit. Article VI. Claims Procedure Section 6.1 Written Claim for Benefits . Benefit payments shall not be made under this Plan until the Employer has received a written claim for reimbursement from the Participant. In that written claim, the Participant must certify that the amount of the claim will not be reimbursed by any other source and will not be claimed for tax credit or deduction purposes on the Participant’s income tax return. The Participant must furnish substantiation of the claim amount in a form satisfactory to the Employer. Substantiation shall include a written certification from an independent third party provider that the expense was incurred and the amount of the expense. In addition, in the case of a claim for reimbursement of Employment Related Dependent Day Care Expenses, the Participant must make any and all representations to the Internal Revenue Service as may be required by law with respect to the provider of dependent day care services to a Qualifying Individual. Section 6.2 Claims Procedure. The Employer shall notify a person within ninety (90) days of receipt of a written claim for benefits of that person ’s eligibility or noneligibility for benefits under the Plan. If it is determined that a person is not eligible for benefits or for full benefits, the notice shall set forth (1) the specific reasons for the denial, (2) a specific reference to the provision of the Plan on which the denial is based, (3) a description of any additional information or material necessary for the claimant to perfect the claim and an explanation of why it is needed, and (4) an explanation of the Plan’s claims review procedure and other appropriate information as to the steps to be taken if the Participant wishes to have the claim reviewed. If the Employer determines that there are special circumstances requiring additional time to make a decision, the Employer shall notify the Participant of the special circumstances and the date by which a decision is expected to be made, and may extend the time for up to an additional ninety (90) days. If a Participant is determined by the Employer not to be eligible for benefits, or if the Participant believes that he is entitled to greater or different benefits, the Participant shall have the opportunity to have the claim reviewed by the Employer by filing a petition for review within sixty (60) days after receipt by the Participant of.the notice issued by the Employer. That petition shall state the specific reasons the Participant believes he is entitled to benefits or greater or different benefits. Within sixty (60) days after receipt of that petition, the Employer shall afford the Participant (and the Participant's counsel, if any) an opportunity to present the Participant’s position to the Employer orally or in writing, and the Participant (or the Participant’s counsel) shall have the right to review the pertinent documents. The Employer shall notify the Participant of its decision in writing within said sixty-day period, stating specifically the basis of said decision written in a manner calculated to be understood by the Participant and the specific provisions of the Plan on which the decision is based. If, because of the need for a hearing, the sixty-day period is not sufficient, the decision may be deferred for up to another sixty-day period at the election of the Employer, but notice of this deferral shall be given to the Participant. In the event of the death of a Participant, the same procedure shall be applicable to the Participant’s beneficiaries. Article VII. Administration and Finances Section 7.1 Administration. The Employer shall be the administrator of the Plan, and, as such, has total and complete discretionary authority to determine conclusively for all parties all questions arising in the administration of the Plan. The Employer shall have all powers necessary to administer the Plan, including, without limitation, powers: (a) to interpret the provisions of the Plan; (b) to establish and revise the method of accounting for the Plan and to maintain the accounts: (c) to establish rules for the administration of the Plan and to prescribe any forms required to administer the Plan; and (d) to change plans, contracts or policies and/or Insurers or other providers of benefits described in Sections 5.2 of the Plan. Section 7.2 Delegation. The Employer shall have the power, by resolution of its governing body, to delegate specific duties and responsibilities. Such delegations may be to officers or other employees of the Employer or to other Individuals or entities. Any delegation by the Employer, if specifically stated, may allow further delegations by the individual or entity to whom the delegation has been made. Any delegation may. be rescinded by the Employer at any time. Each person or entity to whom a duty or responsibility has been delegated shall be responsible for the exercise of those duties or responsibilities and shall not be responsible for the acts or failure to act of any other Individual or entity. Section 7.3 Reports and Records. The Employer and those to whom the Employer has delegated duties and authority under the Plan shall keep records of all their proceedings and actions, and shall maintain all books of account, records, and other data necessary for the proper administration of the Plan and to comply with applicable laws. Section 7.4 Actions of the Employer. Subject to the claims procedures of Article VI, all determinations. Interpretations, rules, and decisions of the Employer shall be conclusive and binding upon all persons having or claiming to have any interest or right under the Plan. Section 7.5 Finances. The costs of the Plan shall be borne as provided herein. For purposes of the Plan, Pay Conversion Contributions shall be deemed contributions by the Employer. Section 7.6 Indemnification. To the extent permitted by law, the Employer shall Indemnify the members of the Employer’s governing body, and others to whom the Employer has delegated duties and authority pursuant to Section 7.2 who are either employees or members of the governing body of the Employer against any and all claims, losses, damages, expenses, and liabilities, arising from their responsibilities in connection with the Plan which are not covered by insurance (without recourse) paid for by the Employer, unless due to gross negligence or intentional misconduct. Article VIII. Amendments and Termination Section 8.1 Amendments. The Employer stiall have the right at any time and from time to time, by resolution or action of its governing body, or by action of such other person(s) to whom such authority has been delegated by the Employer’s governing body pursuant to Section 7.2, to amend the Plan, in full or in part, the amendment to be effective at the time stated therein. Any such amendment shalL.be filed with the Plan documents. Section 8.2 Benefits Provided through Third Parties . In the case of any benefit provided pursuant to an insurance policy or other contract with a third party, the Employer may amend the Plan by changing insurers, policies, or contracts without changing the language of the Plan, provided that copies of the contracts or policies are filed with the Plan documents and the Participants are informed of the effects of any changes. Section 8.3 Termination . The Employer expects the Plan to be permanent, but necessarily must, and hereby does, reserve the right to terminate the Plan at any time. Neither the Employer nor any of its officers, members of its governing body, or employees shall have any further financial obligations under the Plan from and after termination of the Plan except those that have accrued up to the date of termination and have not been satisfied. Article IX. Miscellaneous Section 9.1 No Guaranty of Employment . The adoption and maintenance of the Plan shall not be deemed to be a contract of employment between the Employer and any employee. Nothing contained in the Plan shall give any employee the right to be retained in the employ of the Employer or to interfere with the right of the Employer to discharge any employee at any time, nor shall it give the Employer the right to require any employee to remain in its employ or to interfere with the employee ’s right to terminate employment at any time. Section 9.2 Limitation on Liability . The Employer does not guarantee benefits payable under any insurance or health maintenance organization policy or contract described in the Plan, and any benefits payable thereunder shall be the exclusive responsibility of the insurer or health maintenance organization that is obligated under the contract or policy. Section 9.3 Non-Alienation . No benefit payable at any time under the Plan shall be subject in any manner to alienation, sale, transfer, assignment, pledge, attachment, or encumbrance of any kind. Section 9.4 Applicable Law. The Plan and all rights under it shall be governed by and construed according to the laws of the State of Minnesota, except to the extent those laws are preempted by the laws of the United States of America. Section 9.5 Benefits Provided Through Third Parties . In the case of any benefit provided through a third party, such as an insurance company, pursuant to a contract or policy with that third party, if there is any conflict or inconsistency between the description of benefits contained in the Plan and the contract or policy, the terms of the contract or policy shaii control. City of Orono By: REQUEST FOR COUNCIL ACTION DATE: February 8, 1999 ITEM NO:/I A Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Appointment of Alternate Planning Commission Members In early 1998, the Council appointed two alternate Planning Commission members to provide a quorum at a Planning Commission meeting. The two alternate members were Jeanne Mabusth and Maureen Bellows. The Planning Commission will be short of a quorum by two members for the February 16 meeting. Only one of the altermte members (Jeanne Mabusth) is available for the meeting. In order to provide a quorum, the Council needs to appoint one or more additional alternates to the Planning Commission. Staff recommends the appointment of Jim White as an alternate Planning Commission member. Jim White is the current Vice Chair of the City's Parks, Open Space and Trails Commission, and has a familiarity with land use issues through his position with the Minneapolis Community Development Authority. COUNCIL ACTION REQUESTED: Motion to extend the appointment of Jeanne Mabusth and Maureen Bellows as alternate members of the Planning Commission for a two-year period ending January 1,2001, and appointing Jim White as an alternate member of the Planning Commission for a two-year period ending January 1, 2001. REQUEST FOR COUNCIL ACTION COUNCIL MI^ETING FEB 8jI99A Of I r OF omuno DATE: February 5,1999 ITEM NO Department Approval: Name Lin Vee Title City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval There are no licenses. 5 Feb 1999 Fri 2:38 FM Check Number Check Register City of Orono Date Name COUNCIL MEETING FEB 8.I999> Amount Comments Page 1 Check Number 50153 50153 A.T.O.M. 04-Feb*99 A.T.O.M 25.00 ATOM MEMBERSHIP-CHESWICK Totals Check Number 50153 A.T.O.M.25.00 Check Number 58154 58154 58154 58154 AIRTOUCH CELLULAR/BELLEVUE 04-Feb-99 04-Feb-99 04-Feb-99 Totals Check Number AIRTOUCH CELLULAR/BELLEVUE AIRTOUCH CELLULAR/BELLEVUE AIRTOUCH CELLULAR/BELLEVUE 58154 AIRTOUCH CELLULAR/BELLEVUE 17.03 17.03 309.26 343.32 UTILITY PHONE UTILITY PHONE CELLULAR PHONE SERVICE Check Number 50155 58155 ALLIED ELECTROSTATIC OF MN INC 04-Feb-99 Totals Check Number ALLIED ELECTROSTATIC OF MN INC 50155 ALLIED ELECTROSTATIC OF MN INC 430.00 430.00 REFINISHING FILE CABINETS Check Number 58156 58156 AT & T CONSUMER PRODUCTS DIV 04-Feb-99 Totals Check Number AT & T CONSUMER PRODUCTS DIV 58156 AT t T CONSUMER PRODUCTS DIV 19.55 19.55 LEASED EQUIP-PD Check Number 50157 58157 50157 50157 50157 AT6T WIRELESS SERVICES 04-Feb-99 04-Feb-99 04-Feb-99 04-Feb-99 Totals Check Number AT&T WIRELESS SERVICES AT&T WIRELESS SERVICES AT&T WIRELESS SERVICES AT&T WIRELESS SERVICES 58157 AT&T WIRELESS SERVICES 0.69 8.69 155.97 33.23 206.58 CELL PHONES CELL PHONES CELL PHONES CELL PHONE-WECKMAN Check Number 58150 58158 BARBAROSSA & SONS 04-Feb-99 Totals Check Number BARBAROSSA & SONS 50150 BARBAROSSA & SONS 25,514.73 25,514.73 RFPIO/FIN-BYRDG/BRKTS PT Check Number 50159 58159 BENEFITS DESIGN GROUP 05-Feb-99 Totals Check Number BENEFITS DESIGN GROUP 50159 EENEFITS DESIGN GROUP 99.00 99.00 ADM FEE - RUN OUT PERIOD Check Number 50160 58160 BIFFS INC. 04-Feb-99 Totals Check Number BIFFS INC 50160 BIFFS INC 74.76 74.76 PORTABLE - BIDERWOOD PK Check Number 58161 BLACKOWIAK & SON 5 Feb 1999 Pri 2:3B PM Check Register City of Orono Page 2 Check Check Number 50165 CENTURY CONSTRUCTION CO 58165 05-Feb-99 CENTURY CONSTRUCTION CO Totals Check Nurnber 50165 CL.rrURY CONSTRUCTION CO Check Number 50166 CITY OF LONG LAKE 58166 05-Feb-99 CITY OF LONG LAKE Totals Check Number 50166 CITY OF LONG LAKE Check Number 58167 CITY OF MOUND 50167 0<-Feb-99 CITY OF MOUND Totals cneck Number 50167 CITY OF MOUND Check Number 58168 CITY OF WAYZATA 58168 04-Feb-99 CITY OF V^YZP.Tf Transaction Number Date Name Amount Conunents Check Number 58161 BLACK*. WIAK & SON 58161 05-Feb-99 BLACKOWIAK & SON 78.90 GARBAGE SERVICE-PARKS 58161 05-Feb-99 BLACKOWIAK k SON 191.72 GARBAGE SERVICE-CH Totals Check Number 58161 BLACKOWIAK k SON 270.62 Check Number 50162 BOnESTROO ROSENE i ASSOC. 58162 05-Feb-99 BONESTROO ROSENE k ASSOC.341.17 I/I NAVARRE AREA 58162 05-Feb-99 BONESTROO ROSENE k ASSOC.1,471.46 I/I CASCO-FERNDALE AREA 58162 05-Feb-99 BONESTROO ROSENE k ASSOC.772.50 LS «13 REHAB NOV 58162 05-Feb-99 BONESTROO ROSENE k ASSOC.1,759.d7 HERITAGE SAN SWR RFP 2/3 58162 05-Feb-99 BONESTROO ROSENE k ASSOC.4,770.33 HERITAGE SAN SWR OCT/NOV 58162 05-Feb-99 BONESTROO ROSENE k ASSOC.8,681.41 NVR WTR REHAB-OCT/NOV 58162 05-Feb-99 BONESTROO ROSENE k ASSOC.181.23 BYRDG/BRKTS PT RFP NO 9 58162 05-Feb-99 BONESTROO ROSENE k ASSOC.186.74 NLL/LLCC RFP NO 11 58162 05-Feb-99 BONESTROO ROSENE k ASSOC.75.96 NLL/LLCC INSP - NOV 58162 05-Feb-99 BONESTROO ROSENE k ASSOC.368.05 OCB RD TRAl , OCT-NOV 58162 05-Feb-99 BONESTROO ROSENE k ASSOC.72.00 BRIDGE INSP DATA PREP Totals Check Number 58162 BONESTROO ROSENE k ASSOC.19,180.42 Check Number 58163 BORCHART JSTEEL 58163 04-Feb-99 BORCHART STEEL 174.72 SHEET STEEL Totals Check Number 58163 BORCHART STEEL 194.72 Check Number 58164 BUDGET PRINTING 50164 04-Feb-99 BUDGET PRINTING 63.79 PLAQUE - GOETTEN Totals Check Number 58164 BUDGET PRINTING 63.79 21«200.00 21,200.00 CITY HALL ROOF REPAIRS 8,639.52 8,639.52 ORONO SHR-5" FIRE HOSE 24,873.00 24,873.00 1ST QTR FIRE PROTECT 2,665.97 4TH QTR WATER PURCHASE 5 Feb 1999 Fri 2:38 PM Check Register City of Orono Check Number Date Name Check Number 50168 CITY OF WAYZATA Totals Check Number 50168 CITY OF WAYZATA Check Number 50169 CITYVIEW PLUMBING & HEATING 58169 58169 04-Feb-99 04-Feb-99 CITYVIEW PLUMBING & HEATING CITYVIEW PLUMBING & HEATING Totals Check Number 58169 CITYVIEW PLUMBING k HEATING Check Number 50170 CLASSIFIEDS 58170 50170 04-Feb-99 04-Feb-99 CLASSIFIEDS CLASSIFIEDS Totals Check Number 58170 CLASSIFIELF Check Number 50171 CWP 50171 04-Feb-99 CWP Totals Check Number 50171 CWP Check Number 58172 CYS UNIFORMS 58172 50172 50172 50172 05-Feb-99 05-Feb-99 05-Feb-99 05-Feb-99 CYS UNIFORMS CYS UNIFORMS CYS UNIFORM!’ CYS UNIFORMS Totals Check Number 58172 CYS UNIFORMS Check Number 58173 DAHLKE TREE SERVICE 50173 05-Feb-99 DAHLKE TREE SERVICE Totals Check Number 58173 DAHLKE TREE SERVICE Check Number 58174 DISCOUNT STEEL INC. 58174 04-Feb-99 DISCOUNT STEEL INC. Totals Check Number 50174 DISCOUNT STEEL INC. Check Number 50175 E-Z RECYCLING 50175 04-Feb-99 E-Z RECYCLING Totals Check Number 50175 E-Z RECYCLING Check Number 58176 EARL F. ANDERSON k ASSOC 50176 04-Feb-99 EARL F. ATTOERSON k ASSOC Transaction Amount 2,665.97 1,195.00 230.50 1,433.50 31.50 39.45 70.95 35.00 35.00 00.90 9.90 239.11 36.95 366.86 245.00 245.00 68.48 68.48 5,697.72 5,697.72 365.61 Page 3 Comments REP DAMPER MOTORS-HTG SYS REPAIR DAMPERS-PW BUILD AD FOR BLAZER - SIEZURE AD FOR OFFICER TECH HNDBK-WTRSHED PROTEC SHIRTS - FISCHER TIES - JOroiSON GLOVES.SHRTS,PNTS-CORNICK SHIRT - STEVENS TAKE DOWN BANNERS STEEL JANUARY RECYCLING SCHOOL SPEED ZONE SiGWS 5 Feb 1999 Fri 2:38 PM Check Register City of Orono Check Number Date Name Check Number 58176 EATL F. ANDERSON & ASSOC. Totals Check Number 50176 EARL F. ANDERSON & ASSOC. Cneck Number 50177 EXPRESS MESSENGER 50177 05-Feb-99 EXPRESS MESSENGER Totals Check Number 58177 EXPRESS MESSENGER Check Number 58178 FEDERAL SIGNAL CORP 58178 24-Aug-98 FEDERAL SIGNAL CORP Totals Check Number 58178 FEDERAL SIGNAL CORP Check Number 50179 FEDEX 5817D 50179 04-Feb-99 04-Feb-99 FEDEX FEDEX Totals Check Number 50179 FEDEX Check Number 50100 FLOYD TOTAL SECURITY 58180 58180 04-Feb-99 04-Fcb-99 FLOYD TOTAL SECURITY FLOYD TOTAL SECURITY Totals Check Number 58180 FLOYD TOTAL SECURITY Check NunOjer 50181 FORTIS BENEFITS 50101 50181 04-Feb-99 04-Feb-99 FORTIS BENEFITS FORTIS BENEFITS Totals Check Number 58181 FORTIS BENEFITS Check Number 58182 FRESHWATER FOUNDATION 58102 05-Feb-99 FRESHWATER FOUNDATION Totals Check Number 50102 FRESHWATER FOUNDATION Check Number 50103 FRONTIER COMMUNICATIONS 58183 04-Feb-99 FRONTIER COMMUNICATIONS Totals Check Number 50103 FRONTIER COMMUNICATIONS Check Number 58185 G & K SERVICES 58185 50185 04-Feb-99 04-Feb-99 G a K SERVICES G a K SERVICES Transaction Amount 365.61 61.60 61.60 1,027.10 1,027.10 17.45 17.45 34.90 45.00 100.00 145.00 763.74 763.74 1,527.48 370.00 370.00 31.62 31.62 8.52 110.82 Page 4 Comments DEL TO CHADWICK-STUKNEY SIREN HEADS a CONTROLS CC PAL)i-i - FLINT CC PACKET - FLINT CLEAN ELECTRIC DR RELEASE REP a ADJ DOOR CLOSER LTD PREMIUM 2/99 LID PREMIUM 1/99 RM RENTAL - GEN ELECTION VOICE MESSAGING-2/99 UNIFORM - STEFFENHAGEN UNIFORMS ! juai 5 Feb 1999 Fri 2:38 PM Check Check Register City of Orono Page 5 Check Number 58186 GALL'S INC. 58186 04-Fcb-99 GALL'S INC. Totals Check Number 58186 GALL'S INC. Check Number 58187 GENUINE PARTS CO. 58187 04-Feb-99 GENUINE PARTS CO. Totals Check Number 58187 GENTIINE PARTS CO. Check Number 50188 GERRING'S CAR WASH Check Number 58189 58189 GOVERNMENT TRAINING SERVICE 05—eb-99 GOVERNMENT TRAINING SERVICE Totals Check Nu*nber 50109 GOVERNMENT TRAINING SERVICE Check Number 50190 HANSING, CAROL 58190 04-Feb-99 HANSING, CAROL Totals Check Number 50190 HANSING, CAROL Check Number 58191 HENN CO CHIEFS OF POL. ASSOC. 58191 04-Feb-99 HENN CO CHIEFS OF POL. ASSOC. Totals Check Number 58191 HENN CO CHIEFS OF POL. ASSOC. Transaction Number Date Name Amount Comments Check Number 58185 G &K SERVICES 58185 04-Feb-99 G a K SERVICES 15.73 UNIFORM - RATHBUN 58185 04-Feb-99 G a X SERVICES 8.52 UNIFORM - STEFFENHAGEN 58185 04-Feb-99 G a K SERVICES 78.64 UNIFORMS 58185 04-Feb-99 G a K SERVICES 15.73 UNIFORM - RATHBUN 58185 04-Feb-99 G a K SERVICES 8.52 UNIFORM - STEFFENHAGEN 50105 04-Feb-99 G a K SERVICES 110.82 UNIFORMS 58165 04-Feb-99 G a K SERVICES 15.73 UNIFORM - RATHBUN 58185 04-Feb-99 G a K SERVICES 8.52 UNIFORM - STEFFENHAGEN 58185 04-Feb-99 G a K SERVICES 86.44 MATS - PW 56185 04-Feb-99 G a K SERVICES 42.01 MATS - COUNCIL 58185 04-Feb-99 G a K SERVICES 42.01 MATS - ADM 58185 04-Feb-99 G a K SERVICES 78.64 UNIFORMS 58185 04-Feb-99 G a K SERVICES 15.73 UNIFORM - RATHBUN 58105 04-Feb-99 G a K SERVICES 55.11 MATS - PD Totals Caeck Number 5B185 G a R SERVICES 701.49 551.19 551.19 12.65 12.65 185.00 185.00 34.24 34.24 40.00 40.00 SQUAD EQUIPMENT CASE - 10W40 FOR LIFT ST 58168 04-Feb-99 GERRING'S CAR WASH 5.00 CAR WASH 58188 04-Feb-99 GERRING'S CAR WASH -2.52 CAR WASH 58188 04-Feb-99 GERRING'S CAR WASH 7.00 CAR WASH Totals Check Number 58188 GERRING'S CAR WASH 9.40 99 CLERKS CONFERENCE SHOES HANSING HENN CTY CHIEFS-CHESWICK 5 Feb 1999 Fri 2:38 PM Check Register City of Orono Check Number Date Name Check Number 58191 HENN CO CHIEFS OF POL. ASSOC Check Number 58192 HENNEPIN COUNTY SHERIFF 58192 05-Feb-99 HENNEPIN COUNTY SHERIFF Totals Check Number 58192 HENNEPIN COUNTY SHERIFF Check Number 59193 HENNEPIN COUNTY TREAS. 58193 5819) 58193 04-Feb-99 04-Feb-99 04-Feb-99 HENNEPIN COUNTY TREAS HENNEPIN COUNTY TREAS HENNEPIN COUNTY TREAS Totals Check Number 58193 HENNEPIN COUNTY TREAS Check Number 58194 HENNEPIN COUNTY TREASURER-GEN 58194 04-Feb-99 HENNEPIN COUNTY TREASURER-GEN Totals Check Number 58194 HENNEPIN COUNTY TREASURER-GEN Check Number 58195 HINSHAW L CULBERTSON 58195 58195 58195 58195 5ol95 58195 58195 58195 05-Feb-99 05-Feb-99 05-Feb-99 C5-Feb-99 05-Feb-99 05-Feb-99 05-Feb-99 05-Feb-99 HINSHAW a HINSHAW k HINSHAW Cl HINSHAW k HINSHAW k HINSHAW Cl HINSHAW Cl HINSHAW Cl CULBERTSON CULBERTSON CULBERTSON CULBERTSON CULBERTSON CULBERTSON CULBERTSON CULBERTSON Totals Check Number 58195 HINSHAW Ci CULBERTSON Check Number 58196 HINZE BUSINESS MACHINES 58196 04-Feb-99 HINZE BUSINESS MACHINES Totals Check Number 58196 HINZE BUSINESS MACHINES Check Number 58197 HUMANE SOCIETY OF WRIGHT CO 58197 04-Feb-99 HUMANE SOCIETY OF WRIGHT CO Totals Check Number 58197 HUMANE SOCIETY OF WRIGHT CO Check Number 58198 ICMA 58198 04-Feb-99 ICMA Totals Check Number 58198 ICMA Check Number 58199 IDENTXCATOR Transaction Amount 295.72 295.72 157.50 240.00 118.75 516.25 1,484.00 1,484.00 2,011.20 384.68 88.00 95.00 1,135.34 16.00 16.00 4,550.86 8,297.08 318.43 318.43 85.00 85.00 374.00 374.00 Page 6 Comments JAIL CHARGES 12/98 N FERNDALE-PROP OWNR LIST PROPERTY LISTS N FERNDALE-PROP OWNR LIST ROOM k BOARD - 12/98 WOODHILL CC-ROAD MATTER BROOK PARK REALTY WTR TOWER LEASE REVISIONS CITY HALL ROOF LEAKE LEGAL SERVICE - DEC EDGEWOOD HILLS SWR KERBER EASEMENT - NLL LEGAL APPLIC - DEC 'RASCRIBER BOARDING/EUTHANSIA FEES ICMA SUBSCRIPTION 5 Feb 1999 Pri 2i38 m Check Register City of Orono Check Number Date Name Check Number 58199 58199 IDENTICATOR 04-Feb-99 IDENTICATOR Totals Check Number 50199 IDENTICATOR Check Number 58200 IKON OFFICE SOLUTIONS 58200 04-Feb-99 IKON OFFICE SOLUTIONS Totals Check Number 59200 IKON OFFICE SOLUTIONS Check Number 58201 INT'L ASSN OF CHIEFS OF POLICE 58201 04-Feb-99 INT'L ASSN OF CHIEFS OF POLICE Totals Check Number 58201 INT'L ASSN OF CHIEFS OF POLICE Check Number 58202 INT'L ASSOC OF PLUM.MECH OFFIC 58202 04-Feb-99 INT'L ASSOC OF PLUM,MECH OFFIC Totals Check Number 50202 INT'L ASSOC OF PLUM,MECH OFFIC Check Number 58203 INTERSTATE BATTERIES 58203 05-Feb-99 INTERSTATE BATTERIES Totals Check Number 50203 INTERSTATE BATTERIES Check Nu«mber 50204 J H LARSON COMPANY 58204 58204 04-Feb-99 04-Feb-99 J H LARSON COMPANY J H LARSON COMPANY Totals Check Number 50204 J H LARSON COMPANY Check Number 58205 JOHNSON, BRAD 50205 50205 04-Feb-99 04-Feb-99 JOHNSON, BRAD JOHNSON, BRAD Totals Check Number 50205 JOHNSON, BRAD Check Number 58206 LAKE COUNTRY CHAPTER 50206 58206 04-Feb-99 04-Feb-99 LAKE COUNTRY CHAPTER LAKE COUNTRY CHAPTER Totals Check Number 50206 LAKE COUNTRY CHAPTER Check Number 58207 LOAD 0 METER 58207 04-Feb-99 LOAD 0 METER Totals Check Number 58207 LOAD 0 METER Transaction Amount 77.20 77.20 46.55 46.55 100.00 100.00 150.00 150.00 67.04 67.04 -68.43 194.20 125.77 180.95 100.00 280.95 135.00 135.00 270.00 6.500.00 6.500.00 Page 7 Comments BOX RETABS MINOLTA STAPLE CRTGS lACP MEM3ERSHIP-CHESWICK 1999 lAPMO nUES-OMAN BATTERY TRK 427 LIGHT BULBS-RETURNED LIGHT BULBS UNIFORM REIMBURSEMENT DESK ICBO SEMINAR - VANG ICBO SEMINAR - OMAN HAENNI LOAD WEIGHERS 5 Feb 1999 Fri 2:38 PM Check Register City of Orono Check Number Check Number Check Number Date Name 50207 LOAD 0 METER 50208 LONG LAKE BIG A AUTO PARTS 56208 58208 05-Feb-99 05-Feb-99 LONG LAKE BIG A AUTO PARTS LONG LAKE BIG A AUTO PARTS Totals Check Number 59208 LONG LAKE BIG A AUTO PARTS Check Number 58209 LONG LAKE FAMILY PHYSICIANS 58209 04-Feb-99 LONG LAKE FAMILY PHYSICIANS Totals Check Number 58209 LONG LAKE FAMILY PHYSICIANS Check Number 58210 LONG LAKE TRACTOR EQUIPMENT 50210 58210 58210 56210 56210 05-Feb-99 05-Feb-99 05-Feb-99 05-Feb-99 05-Feb-99 LONG LAKE TRACTOR EQUIPMENT LONG LAKE TRACTOR EQUIPMENT LONG LAKE TRACTOR EQUIPMENT LONG LAKE TRACTOR EQUIPMENT LONG LAKE TRACTOR EQUIPMENT Totals Check Number 58210 LONG LAKE TRACTOR EQUIPMENT Check Number 58211 M i P UTILITIES INC. 50211 04-Feb-99 Map TJTILITIES INC. Totals Check Number 58211 M a P UTILITIES INC. Check Number 56212 M.A.M.A. 58212 04-Feb-99 M.A.M.A. Totals Check Number 56212 M.A.M.A. Check Number 58213 MALL OF AMERICA TRAINING PROG Check Number 58214 MINN COMM 58214 04-Feb-99 MINN COMM Totals Check Number 58214 MINN COMM Check Number 56215 MINNEAPOLIS OXYGEN COMPANY 50215 05-Feb-99 MINNEAPOLIS OXYGEN COMPANY Transaction Amount 2.66 19.04 22.70 51.00 51.00 374.95 15.13 20.25 147.70 7.31 565.42 71.25 71.25 45.00 45.00 Page 8 Comments HOSE a CLAMPS STOP/TAIL LIGHT HEP B VACINE BACK HOE RENTAL HOSE, COUPLING GAUGE HOSE, FITTING, GASKET MALE TO FEMALE CONNECT LOCATE UNDERGROUND SRVC 1999 MAMA DUES-MOORSE 58213 04-Feb-99 MALL OF AMERICA TRAINING PROG 200.00 BAS VERBAL JUDO-FISCHER 50213 04-Feb-99 MALL OF AMERICA TRAINING PROG 200.00 BAS VERBAL JUDO-DEMBOUSKI 56213 04-Feb-99 MALL OF AMERICA TRAINING PROG 200.00 BAS VERBAL JUDO-CORNICK Totals Check Number 58213 MALL OF AMERICA TRAINING PROG 600.00 • 3.64 3.84 TAXaFED ACCESS CHGS-PAGER 13.50 MEDICAL OXYGEN 5 Feb 1999 Pri 2:38 PM Check Register City of Orono Page 9 Check Number Date Name Transaction Amount Comments Check Number 50215 MINNEAPOLIS OXYGEN COMPANY Totals Check Number 58215 MINNEAPOLIS OXYGEN COMPANY 13.50 Check Number 58216 MINNEGASCO 55216 50216 58216 04-Feb-99 04-Feb-99 04-Feb-99 Totals Check Number MINNEGASCO MINNEGASCO MINNEGASCO 58216 MINNEGASCO 69.63 524.85 3.298.71 3.893.19 GAS SERVICE GAS SERVICE GAS SERVICE Check Number 58217 MINNESOTA SUN PUBLICATIONS 58217 05*Feb-99 Totals Check Number MINNESOTA SUN PUBLICATIONS 58217 MINNESOTA SUN PUBLICATIONS 99.20 99.20 AD FOR RECORDER Check Number 50210 MN CHAPTER OF lAPMO 58218 04-Feb-99 Totals Check Number MN CHAPTER OF lAPMO 58210 MN CHAPTER OF lAPMO 30.00 30.00 MN lAPMO CUES-OMAN Ch ;k Number 58219 MN COUNTY ATTORNEYS ASSOC. 58219 05-Feb-99 Totals Check Number MN COUNTY ATTORNEYS ASSOC, 58219 MN COUNTY ATTORNEYS ASSOC 34.70 34.70 DUI VEHICLE ADM FORF FORM Check Number 50220 MN DEPT OF AGRICULTURE 58220 05-Feb-99 Tota* I Check Number MN DEPT OF AGRICULTURE 50220 MN DEPT OF AGRICULTURE 10.00 10.00 APPLICATOR LIC-STEFFENHAG Check .. iTiber 50 221 MN DEPT OF NATURAi. RESOITRCES 58221 04-Feb-99 Totals Check Number MN DEPT OF NATURAL RESOURCES 50221 MN DEPT OF NATURAL RESOURCES 673.00 673. HEAD SWR-LIC TO CROSS WTR Check Number 58222 MN GOLF ASSOCIATION INC. 58222 05-Feb-99 Totals Check Number MN GOLF ASSOCIATION INC 58222 MN GOLF ASSOCIATION INC 100.00 100.00 1999 MGA DUES - STEFFEN Check Number 58223 MN RURAL WATER ASSOCIATION 58223 58223 50223 04-Feb-99 04-Feb-99 04-Feb-99 MN RURAL WATER ASSOCIATION MN RURAL WATER ASSOCIATION MN RURAL WATER ASSOCIATION 75.00 75.00 75.00 MRWA CONFERENCE-SKREEN MRWA CONFERENCE-PALMER MRWA CONFERENCE-O'BRIEN 5 Feb 1999 Fri 2:38 PM Check Register City of Orono Page 10 Check Number Check Number Date Name 58223 MN RURAL WATER ASSOCIATION Check Number 58224 MN WEIGHTS & MEASURES 58224 04-Feb-99 MN WEIGHTS & MEASURES Totals Check Number 58224 MN WEIGHTS & MEASURES Check Number 58225 MUNICI-PALS 58225 04-Feb-99 MUNICI-PALS Totals Check Number 58225 MUNICI-PALS Check Number 58226 NATIONAL AUTOMATIC SPRINKLER 50226 04-Feb-99 NATIONAL AUTOMATIC SPRINKLER Totals Check Number 50226 NATIONAL AUTOMATIC SPRINKLER Check Number 58227 navarre hardw^jie 58227 58227 04-Feb-99 04-Feb-99 NAVAKRE HARDWARE NAVARRE HARDWARE Totals Check Number 58227 NAVARRE HARDWARE Check Number 58228 NCPERS GROUP LIFE INS 58228 04-Feb-99 NCPERS GROUP LIFE INS Totals Check Number 58228 NCPERS GROUP LIFE INS Check Number 50229 NOW CARE MEDICAL CENTERS 50229 04-Feb-9> NOW CARE MEDICAL CENTERS Totals Check Number 50229 NOW CARE MEDICAL CENTERS Check Number 50230 NSP 58230 58230 58230 58230 58230 23-Oct-9B O5-NOV-90 O5-NOV-90 05-Nov-98 05-NOV-98 NSP NSP NSP NSP NSP Transaction Amount 400.00 400.00 10.00 10.00 250.00 250.00 -2.01 7.33 5.32 120.00 120.00 IH.OO 18.00 2,396.51 188.27 1,420.05 618.87 2,082.12 Comments 50223 04-Feb-99 MN RURAL WATER ASSOCIATION 185.00 1999 CITY MEMBERSHIP 58223 04-Feb-99 MN RURAL WATER ASSOCIATION 75.00 MRWA CONFERENCE-GREGORY 58223 04-Feb-99 MN RURAL WATER ASSOCIATION 75.00 MRWA CONFERENCE-GAPPA 58223 04-Feb-99 MN RURAL WATER ASSOCIATION 75.00 MRWA CONFERENCE-DEBAERE Totals Check Number 50223 MN RURAL WATER ASSOCIATION 635.00 CALIBRATE SCALES 1999 CITY DUES-MUNICI-PAL ANNUAL INSP-SPRINK SYSTEM RETURN LIGHT BULBS FEBRUARY PERA LIFE SPECIMAN TRANS STREET LIGHTING ELECTRICAL SERVICE ELECTRICAL SERVICE ELECTRICAL SERVICE ELECTRICAL SERVICE V, i 5 Feb 1999 Fri 2:38 PM Check Register City of Orono Page 11 Check Transaction Number Date Name Amount Comments Check Number 58230 NSP 58230 OS-Feb-99 NSP 143.97 ELECTRICITY-HWY 12 & WIL Totals Check Number 58239 NSP 6,850.59 Check Number 58231 OBERAIGNER, SCOTT 58231 04-Feb-99 OBERAIGNER, SCOTT 33.66 MIELAGE - SWR SCHOOL Totals Check Number 58231 OBERAIGNER, SCOTT 33.66 Check Number 58232 OFFICE DEPOT 58232 OS-Feb-99 OFFICE DEPOT 38.35 OFFICE SUPPLIES 58232 OS-Feb-99 OFFICE DEPOT 33.36 OFFICE SUPPLIES 58232 05-Feb-99 OFFICE DEPOT 344.46 OFFICE SUPPLIES 58232 OS-Feb-99 OFFICE DEPOT 118.38 OFFICE SUPPLIES 58232 05-Feb-99 OFFICE DEPOT 29.75 OFFICE SUPPLIES 58232 05-Feb-99 OFFICE DEPOT 129.11 CALENDAR 58232 05-Fcb-99 OFFICE DEPOT 102.63 CALENDAR Totals Check Number 58232 OFFICE DEPOT 796.04 Check Number 58233 OM2 MULTIMEDIA 58233 04-Feb-99 OM2 MULTIMEDIA 55.00 TRAINING CD-ROM Totals Check Number 58233 OM2 MULTIMEDIA 55.00 Check Number 58234 PERRY'S SANDBLASTING 58234 04-Feb-99 PERRY'S SANDBLASTING 118.01 TOW - S-10 BLAZER 58234 04-Feb-99 PERRY'S SANDBLASTING 87.62 TOW - OLDS CUTLLSS-SIEZUR 58234 04-Feb-99 PERRY'S SANDBLASTING 52.19 TOW - SQUAD 180 58234 04-Feb-99 PERRY'S SANDBLASTING 28.76 ALUM ANGLE FOR VENT Totals Check Number 58234 PERRY'S SANDBLASTING 286.58 Check Number 58235 PIONEER 58235 04-Feb-99 PIONEER 167.17 SUMMARY BUDGET 58235 04-Feb-99 PIONEER 53.93 LAND USE APPLICATIONS 58235 04-Feb-99 PIONEER 43.16 AD FOR BIDS-MATER Ik EQUIP 58235 04-Feb-99 PIONEER 53.93 LAND USE APPLICATIONS 58235 04-Feb-99 PIONEER 21.57 82449 SUBDIVISION 58235 04-Feb-99 PIONEER 21.57 GRONBERG SUBDIVISION Totals Check Number 58235 PIONEER 361.33 Check Number 58236 POWERCLEAN COMPANY INC. 58236 04-Feb-99 POWERCLEAN COMPANY INC.1,693.35 JANUARY JANITORIAL Totals Check Number 50236 POWERCLEAN COMPANY INC.1,693.35 5 Feb 1999 Fri 2:30 PM Check Register City of Orono Check Number Date Name Check Number 58237 50237 RATHBUN, BARRY 04-Feb-99 RATHBUN, BARRY Totals Chec^ Number 58237 RATH2»TN. BARRY Chc;ck Number 50230 RDO FINANCIAL SERVICES 56238 S8238 56238 04-Feb-99 04-Feb-99 04-Feb-99 RDO FINANCIAL SERVICES RDO FINANCIAL SERVICES RDO FINANCIAL SERVICES Totals Check Number 58238 RDO FINANCIAL SERVICES Check Number 50239 RICKS SUPERVALUE 58239 05-Feb-99 RICKS SUPERVALUE Totals Check Number 58239 RICKS SUPERVALUE Check Number 58240 S-P TESTING, INC 58240 05-Feb-99 S-P TESTING, INC Totals Check Nunyber 50240 S-P TESTING, INC Check Number 58241 SCHWABB INC. 56241 04-Feb-99 SCHWABB INC. Totals Check Number 58241 SCHWABB INC Check Number 50242 SHANK CONSTRUCTORS 58242 04-Feb-99 SHANK CONSTRUCTORS Totals Check Number 50242 SHANK CONSTRUCTORS Check Number 50243 SRF CONSULTING GROUP INC. 58243 04-Feb-99 SRI CONSULTING GROUP INC Totals Check Number 50243 SRF CONSULTING GROUP INC Check Number 58244 STREICHERS 58244 58244 56244 58244 56244 58244 58244 04-Feb-99 04-Feb-99 04-Feb-99 04-Feb-99 04-Feb-99 04-Feb-99 04-Feb-99 STREICHERS STREICHERS STREICHERS STREICHERS STREICHERS STREICHERS STREICHERS Transaction Amount 33.66 33.66 72.27 -151.96 538.15 458.46 4.46 4.46 2,925.00 2,925.00 76.52 76.52 165,139.00 165,139.00 660.00 660.00 290.15 121.46 127.48 159.95 45.17 170.29 99.95 Page 12 Comments MILEAGE - SWR SCHOOL LONG 5 SHORT KNIFES DUPLICATE PAYMENT HYD PTJMP AIR FRESH, CUPS HWY 12 SEPTIC SYSTEM TEST RUBBER STAMPS RFP4-NVR WTR REHAB TH 12 RELOCATION-PHASE 2 SIREN SWITCH DRUG TEST KITS BAGS FOR PBTS DUTY JACKET-MOROCZYNSKI GUN BELT - CHESWICK SPEAKER DRIVER lOOW BOOTS - WITTKE 4 5 Feb 1999 Fri 2:38 PM Check Register City of Orono Check Number Date Name Check Number 58244 59244 STREICHERS 04-Feb-99 STREICHERS Totals Check Number 58244 STREICHERS Check Number 58245 THOMTON« MARK 58245 04-Feb-99 THOMTON, MARK Totals Check Number 58245 THOMTON, MARK Check Number 56246 TOLL GAS & WELDING SUPPLY 58246 05-Feb-99 TOLL GAS a WELDING SUPPLY Totals Check Number 50246 TOLL GAS & WELDING SUPPLY Check Number 50247 TRACY TRIPP FUELS 58247 04-Feb-99 TRACY TRIPP FUELS Totals Check Number 50247 TRACY TRIPP FUELS Check Number 58248 TREADWAY GRAPHICS 58248 04-Feb-99 TREADWAY GRAPHICS Totals Check Number 50248 TREADWAY GRAPHICS Check Number 59249 UNITED SYSTEMS TECHNOLOGY, INC 58249 04-Feb-99 UNITED SYSTEMS TECHNOLOGY, INC Totals Check Number 50249 UNITED SYSTEMS TECHNOLOGY, INC Check Number 58250 UNIVERSITY EXTENSION 58250 04-Feb-99 UNIVERSITY EXTENSION Totals Check Number 58250 UNIVERSITY EXTENSION Check Number 58251 UNIVERSITY OF MINNESOTA 50251 04-Feb-9^UNIVERSITY OF MINNESOTA Totalb Check Number 58251 UNIVERSITY OF MINNESOTA Check Number 50252 UNUM LIFE INSURANCE - LIFE 58252 04-Feb-99 UN'UM LIFT INSURANCE - LIFE Totals Check Number 58252 UNUM LIFE INSURANCE - LIFE Check Number 50253 US WEST COMMUNICATIONS Transaction Amount 258.28 1,200.73 148.14 148.14 85.90 85.90 2,239.54 2,239.54 70.97 70.97 v20.00 120.00 345.CO 345.00 50.00 50.00 592.30 592.30 Page 13 Comments TRSRS,BOOTS,BELT-FISCHER CAFETERIA BAENEFITS 2/99 OXYGEN, ACETYLENE 2701 GALLONS UNLEADED DARE SUPPLIES LEADRS II ANNUAL CONTRCT REG-ZONING ADM-WEINBERGER PREV MAINT TECH-DEB/iERE LIFE PREMIUM {ft 5 Feb 1999 Fri 2:38 PM Check Number Date Name Check Register City of Orono Transaction Amount Comments Check Number 58253 58253 US WEST COMMUNICATIONS 22-Jan-98 US WEST COMN!UNICATIONS 45.94 DECEMBER 58253 22-Jan-98 US WEST COMMUNICATIONS 77.12 DECEMBER 58253 19-Feb-98 US WEST COMMUNICATIONS 58.05 CIVIL DEFENSE 58253 05-Feb-99 US WEST COMMUNICATIONS 253.53 PHONE SERVICE 58253 04-Feb-98 US WEST COMMUNICATIONS 271.66 PHONE SERVICE 58253 04-Feb-9B US WEST COMMUNICATIONS 35.89 PHONE SERVICE 58253 04-Feb-98 US WEST COMMUNICATIONS 15.38 PHONE SERVICE 58253 04-Feb-98 US WEST COMMUNICATIONS 461.42 PHONE SERVICE 58253 04-Feb-98 US WEST COMMUNICATIONS 59.76 PHONE SERVICE 58253 04-Feb-98 US WEST COMMUNICATIONS 43.75 PHONE SERVICE 58233 04-Feb-98 US WEST COMMUNICATIONS 67.36 PHONE SERVICE 58253 22-Jan-98 US WEST COMMUNICATIONS 40.59 DECEMBER Totals Check Number 58253 US WEST COMMU:n CAT IONS 1,430.45 Check Number 58254 VAN ZOMEREN,ELIZABETH Page 14 58254 04-Feb-<>9 Totals Check Number VAN ZOMEREN, ELIZABETH 58254 VAN ZOMEREN, ELIZABETH Check Number 58255 58255 WEST PHOTO 04-Feb-99 Totals Check Number WEST PHOTO 58255 WEST PHOTO Check Number 58256 58256 58256 WOLF, LANETTE 05-Feb-99 04-Feb-99 Totals Check Number WOLF, LANETTE WOLF, LANETTE 58256 WOLF, LANETTE Check Number 58257 58257 58257 WRIGHT HENNEPIN ELECTRIC 07-Jan-99 07-Jan-99 Totals Check Number WRIGHT HENNEPIN ELECTRIC WRIGHT HENNEPIN ELECTRIC 58257 WRIGHT HENNEPIN ELECTRIC Check Number 58258 YOUNG, JACKIE 58258 05-Feb-99 YOUNG, JACKIE Totals Check Number 58258 YOUNG, JACKIE 48.48 48.48 83.68 83.68 225.00 325.00 550.00 8.00 27.67 35.67 300.00 300.00 LAND USE COAL MEETING 20 ROLLS OF FILM PC MINUTES 1/19/99 CC MEETING 12/14/98 ELECTRICAL SERVICE ELECTRICAL SERVICE PARK COM 1/4/99 Grand Total 330,209.47 27 Jan 1999 feed 11:32 AM Check Register City of Orono Check Number Date Name Check Number 58134 50134 CITY COUNTY CREDIT UNION 27-Jan-99 CITY COUNTY CREDIT UNION Totals Check Number 58134 CITY COUNT/ CREDIT UNION Check Number 58135 FIRST NATIONAL BANK OF LAKES 58135 58135 58135 27-Jan-99 27-Jan-99 27-Jan-99 FIRST NATIONAL BANK OP LAKES FIRST NATIONAL BANK OF LAKTS FIRST NATIONAL BANK OF LAKES Totals Check Number 58135 FIRST NATIONAL BANK OF LAKES Check Number 58136 GREAT WEST LIFE ASSURANCE CO. 56136 27-Jan-99 GREAT WEST LIFE ASSURANCE CO Totals Check Number 50136 GREAT WEST LIFE ASSURANCE CO Check Number 58137 ICMA RETIREMENT TRUST - 457 50137 27-Jan-99 ICMA RETIREMENT TRUST - 457 Totals Check Number 58137 ICMA RETIREMENT TRUST - 457 Check Hunger 58130 LAW ENFORCMENT LABOR SERVICE 58138 27-Jan-99 LAW ENFORCMENT LABOR SERVICE Totals Check Number 58138 LAW ENFORCMENT LABOR SERVICE Check Number 58139 MINNESOTA CHILD SUPPORT PMT CT 58139 27-Jan-99 MirWESOTA CHILD SUPPORT PMT CT Totals Check Number 58139 MINNESOTA CHILD SUPPORT PMT CT Check Number 58140 MN DEPT OF REVEIRJE 58140 27-Jan-99 MN DEPT OF REVENUE Totals Check Number 58140 MN DEPT OF REVENUE Check Number 50141 MN MUTUAL LIFE 58141 27-Jan-99 MN MUTUAL LIFE Totals Check Number 58141 MN MUTUAL LIFE Check Number 58142 MN STATE RETIRE^ffiNT-DEP CCMP 58142 27-Jan-99 MN STATE RETIREMENT-DEF COMP Totals Check Number 50142 MN STATE RETIREMENT-DEF COMP Transaction Amount 8,459.00 8,459.00 3.630.81 .1,638.81 0,371.01 15,646.63 810.63 810.68 225.00 225.00 452.16 452.16 179.51 179.51 3,599.35 3,599.35 753.00 753.00 227.00 227.00 Page 1 Comments SAVINGS W/H & TRANSFERRED FICA & MEDICARE W/H FICA,MEDCR CITY SHARE FEDERAL WITHHOLDING DEFERRED COMP W/H DEFERRED COMP M/H UNION DUES WH SKREEN #0010755723 STATE TAX W/H DEFERRED COMP W/H DEFERRED CCMP W/H 27 Jan 1999 Wed 11:32 AM Check Number Check Number 58143 Check Register City of Orono Date Name 50143 PEBSCO/OBRA 27-Jan-99 PEBSCO/OBRA Totals Check Number 58143 PEBSCO/OBRA Check Number 58144 PEBSCO/US CONF OF MAYORS 58144 27-Jan-99 PEBSCO/OS CONP OF MAYORS Totals Check Number 58144 PEBSCO/US CONP OF MAYORS Check Number 58145 PERA 58145 58145 27-Jan-99 27-Jan-99 PERA PERA Totals Check Number 58145 PERA Check Number 58146 UNITED WAY 58146 27-Jan-99 UNITED WAY Totals Check Number 58146 UNITED WAY Transaction Amount 30.33 30.33 2,364.15 2,364.15 4,619.71 6,042.58 10,661.29 31.00 31.00 Page 2 Comments OBRA DEFERRED COMP W/H USCM DEFERRED CCM? W/H PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DONATIONS W/H Grand Total 43,441.10 27 Jan 1999 Wed 10:55 AM Check Number Employee Name Check Number 045535 045535 JOHNSON, MARY ANN Totals Check Number 045535 Check Number 045536 Check Register City of Orono Page 1 Check Date 27-Jan-99 Check Amount 494.71 494.71 045536 GEMAR, JAMIE L. Totals Check Number 045536 27-Jan-99 495.66 495.66 Check Number 045537 045537 HASEMAN, CAROLE A. Totals Check Number 045537 Check Number 04553S 045538 MOORSE, RONALD J. Totals Check Number 045536 Check Number 045539 045539 VEE, LINDA S. Totals Check Number 045539 Check Number 0<.5540 27-Jan-99 27-Jan-99 27-Jan-99 677.21 677.21 1,502.70 1,502.70 1,092.29 1,092.29 045540 KUEKN, THOMAS M. Totals Check Number 045540 Check Number 045541 045541 OLSON, RONALD J. Totals Check Number 045541 27-Jan-99 27-Jan-99 1,005.64 1,005.84 119.84 119.64 Check Number 045542 045542 PETTIT, SANDRA K. Totals Check Number 045542 27-Jan-99 897.19 887.19 Check Number 045543 045543 ANDERSON, BRUCE L. Totals Check Number 045543 27-Jan-99 478.66 478.68 27 Jan 1999 Wed 10.SS AM Check Register City of Orono Check Number Employee Name Check Number 045544 045544 BOBZIEN, SUE A Totals Check Number 045544 Check NuiT^er 045545 045545 BORIS, SCOTT W. Totals Check Number 045545 Check Number 045546 045546 CARLSON, MICHAEL B. Totals Check Number 045546 Check Number 045547 045547 CHESWICK, GARY B. Totals Check Number 045547 Check Number 04554B 045548 CORNICK, JAMES L. Totals Check Number 045546 Check Number 045549 045549 DEMBOUSKI, JAY C. Totals Check Number 045549 Check Number 045550 04L550 ERICKSON, KURT R Totals Check Number 045550 Check Number 045551 045551 FARNIOK, CORREY L. Totals Check Number 045551 Check Number 045552 045552 FISCHENICK, DAN T. Totals Check Number 045552 Check Number 0455'.>3 Check Date 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 Page 2 Check Amount 652.69 652.69 1,094.34 1,094.34 316.50 316.50 1,651.70 1,651.70 1,091.45 1,091.45 1,307.51 1,307.51 1,263.41 1,263.41 1,233.48 1,233.48 1,196.59 1,196.59 1 1I 27 Jna 1999 Wed 10:55 AM Check Register City of orono Check Number Employee Name Check Number 045553 045553 FISCHER, CHRISTOPHER K. Totals Check Number 045553 Check Number 045554 045554 HA.VSING, CAROL J. Totals Check Number 045554 Check Number 045555 045555 JOHNSON, BRADLEY P. Totals Check Number 045555 Check Number 045556 045556 RNOLLENBERG, KRISTIN L Totals Check Number 045556 Check Number 045557 045557 MCNALLY, STEVEN A. Totals Check Number 045557 Check Number 045558 045558 MCNICHOLS, DAVID L. Totals Check Number 045558 Check Number 045559 045559 MOROWCZYNSKI, JAMES Totals Check Number 045559 Check Number 045560 045560 PERSELL, WILLI7J4 R. Totals Check Number C45560 Check Number b4556i 045561 SCHOEiraOFF, JOHN 3. Totals Check Number 045561 Check Number 045562 Check Date 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27.Jan-99 27-Jan*99 27-Jan-99 27-Jan-99 Page 3 Check Amount 885.32 885.32 432.64 432.64 1,136.20 1,136.20 600.32 600.32 912.54 912.54 565.76 565.76 1,727.17 1,727.17 350.84 350.84 1,349.55 1,349.55 1 1 27 Jan 1999 Wed 10:55 AM Check Register City of Orono Check Number Employee Name Check Number 045562 045562 TOMCHECK, LAWRENCE F. Totals Check Number 045562 Check Number 045563 045563 TOMCZYK, MARK W. Totals Check Number 045563 Check Number 045564 045564 WITTKE, ANTHONY A. Totals Check Number 045564 Check Number 045565 045565 HAGEN, MATTHEW D. Totals Check Number 045565 Check Number 045566 045566 JOHNSON, JEFFREY D. Totals Check Number 045566 Check Number 045567 045567 GAFFRON, MICHAEL P. Totals Check Number 045567 Check Number 045568 045568 GAPPA, GREGORY A. Totals Check Number 045568 Check Number 045569 045569 OMAN, LYLE B. Totals Check Number 045569 Check Number 045570 045570 VAN ZOMEREN, ELIZABETH Totals Check Number 045570 Check Number 045571 Check Date 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 Page 4 Check Amount 260.31 260.31 1,277.99 1,277.99 742.68 742.68 208.27 208.27 714.19 714.19 1,161.19 1,161.19 1,590.25 1,590.25 248.55 248.55 174.11 174.11 i. 27 Jan 1999 Wed 10:55 AM Check Register City of Orono Check Number Employee Name Check Number 045571 045571 VANG, BRUCE L Totals Check Number 045571 Cb^ck Number 045572 045572 HECKMAN, STEPHEN J. Totals Check Number 045572 Check Number 045573 045573 WEINBERGER, PAUL E. Totals Check Number 045573 Check Number 045574 045574 BRINKHAUS, JOHN F. Totals Check Number 045574 Check Number 045575 045575 DEBAERE, DONALD L. Totals Check Number 045575 Check Number 045576 045576 GREGORY, JAMES D. Totals Check Number 045576 Check Number 045577 045577 KANSEN, STEVEN C. Totals Check Number 045577 Check Number 045578 045570 OBERAIGNER, SCOTT G. Totals Check Number 045570 Check Number 045579 045579 OBRIEN, RANDY L. Totals Check Number 045579 Check Number 045500 Check Date 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 Page 5 Check Amount 993.71 993.71 70.19 70.19 802.42 602.42 1,115.06 1,115.06 1,245.00 1,245.88 802.00 802.00 727.14 727.14 702.39 782.39 427.22 427.22 1 27 Jan 1999 Wed 10:55 AM Check Register City of Orono Check Number Employee Name Check Number 045560 045580 PALMER, GREGORY A. Totals Check Number 045580 Check Number 045581 045581 RATHBUN, BARRY J. Totals Check Number 045581 Check Number 045582 045582 SRREEN, DALE S. Totals Check Number 045582 Check Number 045583 045583 ROSS, JOHN A. Totals Check Number 045583 Check Number 045584 045584 STEFFENKAGEN, RONALD E. Totals Check Number 045584 Grand Total Check Date 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 27-Jan-99 Page 6 Check Amount 961.51 961.51 1,066.20 1,066.20 837.41 837.41 107.60 107.60 1,100.11 1,100.11 41,938.51 INFORMATION ITEMS COUNCIL MEETING QQI FEB a 1999 Oi I I Uf UFiUimU OF L ROLL: CQf ORONO PLANNING COMMISSION MEETING rnn MINUTES FOR JANUARY 19,1999_______Q^I9iiL Lii r Ur umuno The Orono Planning Commission met on the ab^.o date with the following members present: Chair Sandra Smith. William Stoddard, Dale Lindquist, Lili McMillan, and Charles Schroeder. The following represented the City Staff: City Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, and Recorder Lanette Wolf. Chair Smith called the meeting to order at 6:30 p.m (#1) #24t0 PETER BOYNTON, 1973 EAGERNESS POINT ROAD, VARIANCES AND CONDITIONAL USE PERMIT, 6:30 p.m. - 6:47 p.m. The applicants were not present. Joe Dzurik, builder for the applicants, was present. Van Zomeren stated this application came before the Planning Commission on August 17,1998, October 19,1998, and November 16,1998. She reviewed the site plan and stated that the applicant proposes to excavate and remove a total of 344 cubic yards from the property. Since this excavation is proposed within the 75' lakeshore setback, H requires a conditional use permit. The application also needs a lot area variance because it is new construction. It would also need a lot width variance because the lot is less than 100' wide at the setback. A structural coverage variance would be required because the proposal Is 17.6% where 15% Is the allowed structural coverage. Hardcover In the 75' lakeshore setback Is currently at 21.5%. The proposal would bring the hardcover down to 18.6% which still exceeds the requirement, which is zero. Van Zomeren said that it is recognized that no hardcover in the 75' lakeshore setback would be difficult on this lot. She said that in the 75'-250' setback, there is currently 32.9% hardcover, 34.1% hardcover is proposed and 25% is allowed. Hardcover variances are requested in both of the setbacks from the lake. Another variance is needed for the average lakeshore setback. The sideyard setbacks can be met. The proposed garage encroaches 3 feet into the required 30' setback from the street and requires a variance from the street yard setback. Van Zomeren explained that the Zoning Code requires that the height for this proposed residence be measured from the garage level which is proposed at 934. The allowed height from the garage side to the midpoint of the roof is the 974 elevation. Van Zomeren stated that staff does not find that there is a hardship for the average lakeshore setback or the structural coverage and recommends denial of the requested variances. Smith asked for clariflcation of the difference between the previous proposal and the current proposal. Van Zomeren showed the difference in the plans. Van Zomeren stated that it is not typical City policy to allow land alteration in the 0'-75' setback. Joe Dzurik, builder for the applicants, stated he feels that staff's interpretation of the elevation is incorrect. Stoddard reviewed comments made at the previous Planning Commission meetings. The Commission members had stated they would like to see a footprint for the house that did not call for variances and the applicant should try to limit the house to 1,500 square feet and 25% total hardcover. Stoddard said he could approve variances for the lot area, lot width, lakeshore setback and street yard setback, but he could not approve the variances for structural coverage, average lakeshore setback or height. Lindquist said he feels the project will have to be redesigned due to the sHe constraints. Joe Dzurik asked if the height variance would be approved. Van Zomeren said it is a design issue. Page 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 (ni) nZAiO PETER BOYNTON, 1973 FAQERNESS POINT ROAD - Continued McMillan stated that the staff recommendation is helpful. Dzurik stated he did not receive a copy of the staff report. Smith asked if Dzurik was prepared to represent the applicant tonight. Dzurik said yes. Smith stated that this application was tabled in November because the applicant was not present at the meeting. Lindquist stated that staff finds no hardship for an average lakeshore setback, street setback, structural coverage, hardcover in the 75-250 ’ setback, or height variances. He believes that the project will have to be redesigned to fit the site. McMillan said that staff finds hardship for the lot area, lot width and lakeshore setback variances because of the size of the lot. She said staff does not see hardship in the average lakeshore setback and she agrees with staff. She feels the house could be positioned so it does not interfere with the neighbors' sight line. She asked staff about the setback from the street. Van Zomeren said that the setback requirement is 30 feet. Van Zomeren feels it could possibly be reduced. McMillan agreed. She said she would not approve a structural coverage variance or a hardcover variance. Smith said there has been clear direction from the Planning Commission on this application. Van Zomeren stated she is concerned because she has not had any contact with the applicants regarding this application. Lindquist stated that the applicants must be at the meeting the next time the application is on the agenda. The applicant should understand that the Commission will probably follow staffs recommendations. There were no public comments. Van Zomeren stated she knows the notices for the meeting were mailed because she received a call from a concerned neighbor. Lindquist asked Dzurik if he would prefer that the Commission members vote on the application as submitted or table the matter. Dzurik stated he would like it to be tabled. Lindquist moved, McMillan seconded a motion to table #2410, Peter Boynton. 1973 Fagerness Point Road, Variances and Conditional Use Permit VOTE: Ayes 4, Nays 0. Schroeder arrived at the meeting at 6:48 p.m. Page 2 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 (#4) #2443 GLEN UPTON, 3685 NORTH SHORE DRIVE, VARIANCE, 6:48 p.m. - 7:00 p.m. Weinberger stated that the applicant has appiied for after-the-fact variances to permit a deck located on the lakeside of the residence 40' from the lakeshore. The deck was constructed in 1996 following an addition to the house. He said the applicant stated in his hardship statement that he did not apply for a building permit for the deck addition because he was concerned about meeting the allowed hardcover on the property. Weinberger said that in 1995 the Council did grant variances on the property for hardcover and lakeshore setback that allowed a garage and living space addition to the residence. The total came to 22.2% hardcover, all within the 0’-75' setback on the property. The only de . alopable area on the property is within the 0'-75 ’ setback. An easement has been created over a large portion of the lot to serve as an access drive for several lots that do not have direct access to North Shore Drive. The applicant had an original proposal to construct s deck in the location of the deck built without a permit in 1996. The DNR recommended the deck not be located as proposed due to the 50' setback requirement on lakeshore properties. The deck was later removed from the plans. The new deck is located 40' from the lake. The applicant is proposing after-the-fact variances to permit the construction of a residential deck within 75' of the lake, to allow 22.6% hardcover where 0^: is normally allowed, and to allow structural coverage to increase from 21.6% to 23.3%. Weinberger stated that staff recommends denial of the application based on the new decking being located within the 0-75% setback and based upon the 1995 approvals stating that only 22.2% hardcover would be allowed. Glenn Upton, the applicant, was present. Upton read a statement to the Commission members. He said that the 1995 plan to install a sliding glass door was approved by the building inspector and the door was installed. A platform and steps would be required to use the door. He said he is allowed to have a 4' x 4' platform and steps to the ground. He extended the deck to make a platform. Upton admitted that he did not apply for a permit because he did not think he couid get a variance. Smith asked if the deck is a new structure or an addition to an existing deck. Weinberger responded that this portion of the deck is new. There was an existing portion of the deck prior to the remodeling that was done. Smith asked if the portion of the deck marked ‘existing deck 1984' was there when Mr. Upton came in for the 1995 application and the Planning Commission agreed that the deck could stay. Weinberger said that was correct. There were no public comments. Schroeder asked how the City became aware of the deck. Weinberger responded that the City Building Inspector was inspecting storm damage on a neighboring property and it was discovered at that time. Schroeder stated that he cannot support the variances. Smith agreed with Schroeder and said she cannot support the variances. Lindquist and McMillan agreed. Upton asked if the Commission would allow him to have a 12' x 7' addition to reach the older part of the deck. Page 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 I'M) #2443 GLEN UPTON, 3686 NORTH SHORE DRIVE - Continued Smith said she cannot support anything over what the code will allow. Upton asked if he should just construct a platform. Smith said yes. Lindquist moved, Schroeder seconded, a motion to deny #2443 for Glenn Upton, 3685 North Shore Drive, based on the new deck being located within the 0-75* lakeshore setback and the hardship on the property was created by the applicant constructing the deck without obtaining permits. VOTE: Ayes 6, Nays 0. (#2) #2449 JOHN VOGT/MIKE HILBELINK, HAVING AN INTEREST IN 3020 WATERTOWN ROAD, PRELIMINARY PLAT. 7:01 p.m. • 8:40 p.m. Van Zomeren stated this is an application for a three*lot preliminary plat. The site is approximately 12 acres in size with approximately 10.1 dry acres. Staff notified all the property owners in the Crystal Creek Homeowners Association that this item would be on the agenda. The applicants are proposing to subdivide the parcel into three lots and two outlots. Lot 3 would contain the existing residence and accessory structures. Access for Lot 3 would continue to be provided off of Watertown Road. The two new lots, Lot 1 and Lot 2, would be served by Outlet B which would be next to the private road in the Crystal Creek subdivision. If the two new lots are considered to be back lots, they would be required to have 3 acres of dry land. Lot 2 is 2.9 acres and Lot 1 is 3.3 acres. Along with this proposal. Outlet A is being created which could potentially be for sale to an adjacent property owner. Outlet A would be 1 acre in size. Outlet B, which would provide access, is .21 acres. Wherever an outlet is platted rather than a private road, the lots that are served via the outlet are considered to be back lots. The back lot issue is a concern since one of the lots is proposed to be less than 3 acres. With back lots, there are increased setbacks for front, rear and side yards at 150% of the requirement for the district. It appears that the proposed home locations could probably meet that requirement. There are five accessory structures on Lot 3. If the structural lot coverage exceeds 3,200 square feet, either one of the buildings needs to be removed to meet the requirement or a variance will be needed. One of the buildings may have historical significance. Steve Weekman has evaluated the proposed septic locations. He notes that there are two stormwater ponds in the Crystal Creek subdivision and his concern was that the proposed septic site for Lot 3 is located only 58 feet from one of the ponds where 75 feet is required. A variance for the location of the drainfield will be required. She stated that the Park Dedication Fee needs to be determined. The Hennepin County Assessor has been asked to review the proposal and determine the fair market value of the undeveloped land. Van Zomeren stated that there are several engineering issues. The private driveway off of the private road is an issue because the City does not typically approve subdivisions that have streets that are longer than 1,000 feet or serving more than 10 units. This proposal would increase the length of the private road and the number of units served. The subdivision ordinance states that cul- de-sacs shall be discouraged. It was anticipated that Crystal Creek Road would eventually be connected to Wear Lane; however. Wear Lane is a public road and Crystal Creek Road is a private road. She pointed out that one of the adjacent properties is owned by Stubbs Bay Moving Co. Since there is a lot of equipment located on the property, the soils are protobly compacted and there may not be a suitable septic site on that property. The future of that property for residential development is limited without sewer. Van Zomeren said that the City Engineer has noted that a street in Outlet B would drain to the storm sewer and pond in the Crystal Creek subdivision, that more ponding capacity could be required and that the Watershed District would need to comment. There are also grading and drainage issues. Page 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 m) #2449 JOHN VOGT/MIKE HILBEUNK, HAVING AN INTEREST IN 3020 WATERTOWN ROAD - Continued Van Zomeren said that the primary issue for staff is the access to the back two lots. This is also an issue to the neighbors. She said that staff recommends that a 50' outlet be platted across the northern end of the parcel and that the temporary cul-de-sac in Crystal Creek be eliminated and a new temporary cul-de-sac be created to serve the proposed two new lots, Lot 7 in Crystal Creek, and the outlet owned by Kingsbridge Properties. Mike Hilbelink and John Vogt were present. They stated they did not receive their copies of the staff report until today. Hilbelink stated they are not proposing to extend the cul-de-sac for access. They wouio prefer a private drive. He stated there is room to make sure there are three acres in both of the rear lots. He said they have no desire to connect Crystal Creek Road to Wear Lane. He stated that most or all of the accessory buildings will be removed. Hilbelink stated he has talked to Mr. Stubbs and there is a possibility of one or two buildable lots on his property. Extension of Wear Lane to Crystal Creek would destroy that possibility. Chair Smith noted that three letters were received regarding the proposal: Steven & Anne Kahler, 35 Crystal Creek Road, dated January 15,1999 Michael & Gayle Sievert, 85 Wear Ln. N., dated January 18,1999 Richard & Joan Scorza, 2850 Wear Circle, dated January 20,1999 John Winston, 155 Wear Lane, stated he is concerned about the linkage of Wear Lane to Crystal Creek Road and he does not want to see that happen. He said that he and his neighbors do not object to the subdivision, they are not in favor of linking Wear Lane to Crystal Creek Road. Hugh Hoffman, 40 Wear Lane North, stated that he agrees with Mr. Winston. Steve Alseth, 3385 Watertown Road, questioned the number of lots. Van Zomeren clarified that this would be a three-lot subdivision. Rick Carlson, Jyland Development, stated he has purchased an option on the remaining lots in Crystal Creek. He supports access through Crystal Creek, but he is not in favor of a through-road to Wear Lane and he does not support a public road. He said that Outlet B is now considered unbuildable. He opposes the 50’ easement on the north to provide access creating a flag lot. He is also concerned about the cost for the private road. There has not been any discussion regarding these new lots contributing to the cost of Crystal Creek Road. Smith asked for Rick Carlson’s opinion on connecting Crystal Creek Road to Wear Lane. Carlson said he feels two more lots on the private road would not be a problem because Crystal Creek Road was constructed to public road standards. He said there would be no gain to Orono in making it a public road. Mark Supalla, 160 Wear Lane, complimented John Vogt on the project and said that he supports the subdivision. Alan Carlson stated that he developed the area of Crystal Creek. He said that he has no objection to the subdivision provided the applicants give up the easement over the north lot to Outlot B. He said that when he developed Crystal Creek, the easement was for access to four lots that he has already had approved. *rhe cul-de-sac was supposed to be temporary until the road was extended to Outlot B. He wants a road developed that would provide access to his lots. Page 5 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19.1999 (n) n2449 JOHN VOGT/MIKE HILBEUNK, HAVING AN INTEREST IN 3020 WATERTOWN ROAD • Continued Smith questioned the location of Alan Carlson's four lots. Alan Carlson showed the location of the lots. Smith asked if the original plan was for those lots to ultimately be connected by the development in the lower portion of the larger parcel. Carlson said the plan was for the two 50* roads to be connected. The Crystal Creek covenants state that the cul-de-sac is temporary, that the northerly part of the property will be used for access to the east and that there is a 15 ’ temporary driveway easement over Lot 6 to get to Lot 7 because there is a plan for a road. McMillan asked if this information is in the staff report. Van Zomeren explained where to locate the information. She stated that the lot and block numbers changed from the preliminary plat to the final plat. Smith asked how access would othenvise be gained to the four lots. Carlson stated that the only access would be from the south. He said that the preliminary plat was approved for 16 lots, 12 in Crystal Creek and 4 to the north. When staff and Council approved the plan, it was not the intent that the cul-de-sau Le permanent. His main concern is getting access to his four lots. McMillan asked if there is a house on Lot 7. Van Zomeren said Lot 7 is undeveloped. Stoddard asked about the purpose of the proposed Outlet A. Van Zomeren stated that the purpose of Outlet A is to sell to Mr. Winston to connect to his property. Winston said he volunteered to work with the developer to block access to Wear Lane. He asked if the four lots to the north could be developed due to the pressure of the proposed Highway 12 development to the north. Alan Carlson said he is not sure what will happen in the future. Steve Kahler, 35 Crystal Creek Road, said he feels there would be too many lots on the cul-de-sac. As a homeowner, he wants a separate cul-de-sac feeding from Wear Lane for the new lots. Rick Carlson said that Outlot B is technically an outlet of the Crystal Creek Homeowners Association and in the bylaws it states that Outlot B is unbuildable until it gains an access. He does not believe that the applicants have any obligation to provide access to Outlot B through the proposed subdivision. He is not in favor of promoting that access. He said there is no duty on the people who have paid for the road to pay for the access to Outlot B. Alan Carlson disagreed with Rick Carlson. He said the declarations and covenants for Crystal Creek state that Outlot B can gain access through Outlot A. Hilbelink said he does not feel they should be required to pay for access to the north. He said that the entire parcel could be purchased by one party rather than subdividing it and then access to the north would not be possible. Laura Summers, 75 Crystal Creek Road, said she is concerned about extra traffic and change in the character of the neighborhood. Page 6 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19.1999 (n) #2449 JOHN VOGT/MIKE HILBEUNK, HAVING AN INTEREST IN 3020 WATERTOWN ROAD • Continued Smith said she is concerned about the extension of Crystal Creek Road to serve two more lots. She can see the thought to provide a connection between Crystal Creek Road and Wear Lane. An alternative would be access directly off Watertown Road for all three lots. That alternative does not take future development into account and would land lock the lots to the north. Schrocder said the ability to connect Wear Lane and Crystal Creek Road should be retained. He believes that access to the lots in the north should be taken into consideration. He favors extending Outlet B to provide access to the north or to Wear Lane. Smith clarified that Schroeder favors extending Crystal Creek Road to serve the additional lots. Schroeder said he believes that is what was originally contemplated and the traffic from two more lots on Crystal Creek will not be dramatic. Lindquist agreed with Schroeder. He favors leaving the cul-de-sac where it is now located to serve the two new lots. He would also leave the outlet for future access to the north. McMillan said that the intent of planning in 1991 was to provide access to the property to the north. Schroeder said that it is not his intention to connect the two roads, but 30 years from now it could be possible. Smith said that possibility should not be negated. McMillan thinks two lots could be accessed from Watertown Road and one from Crystal Creek if the lot lines were redrawn and a driveway easement would be necessary. Stoddard said the City does not encourage easements. McMillan questioned whether one of the lots would be defined as a back lot. Van Zomeren said that whenever a lot is not served by a public or private road and H is served by an outlet, it is considered to be a back lot. Smith said she does not favor access on Watertown Road. Lindquist said he favors platting a cul-de-sac off from the outlet. Schroeder asked how Alan Carlson would access the lots to the north without this subdivision. Alan Carlson said he would have had «o look at land to the east for access. Schroeder asked if an outlot could be put on lots 6 and 7. Van Zomeren said it could be put on lots 6 and 7. Smith said there seems to be consensus to extend the outlot and the applicants have said the accessory structures can be addressed. She asked about the Minnehaha Creek Watershed District letter and the issue rega.'tJing the stormwater permit. Van Zomeren said she would like to hear from the applicants regarding this issue because it looks like the stormwater ponding would be in the Crystal Creek addition. Page 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19.1999 #2449 JOHN VOGT/MIKE HILBEUNK, HAVING AN INTERESTS 3020 WATERTOWN ROAD - Continued McMillan asked if the applicants obtained wetland delineation information. Hilbelink stated that the wetlands have been delineated. He also stated that a grading and drainage plan will be done. Smith asked the applicants about the historical building. Hilbelink said he doesnl know which building is historical and that none of the buildings are in good shape. Van Zomeren said it is on an inventory list that staff received from the State of Minnesota Historical Preservation Office (SHPO). Staff will be contacting the SHPO office to determine the significance of the building. Steven Kahler questioned the City’s position regarding Crystal Creek Road since it is a private road. He asked if the City would make it a public road. Van Zomeren said that typically the City is not interested in taking over roads, particulariy since there is a lot of development left to occur in the area. She said the applicant must work out access with the Homeowners’ Association. Lindquist said he wanted to make sure the applicant understands that if an agreement cannot be reached with the Homeowners' Association regarding Crystal Creek Road, the whole project would have to change. Smith asked if grading and drainage had been addressed. Van Zomeren stated that prior to getting a final plat approved, the grading and drainage information would have to be reviewed by the City Engineer. The grading and drainage plan would not be done until the final road plan is in place. SmHh asked if there are other issues that need to be addressed. Van Zomeren mentioned the location of the septic site. It is proposed to be located 58’ instead of 75' from the stormwater pond. Stoddard asked if it could be brought into compliance. Hilbelink stated that the septic site was originally too close to the property line and it was moved. Smith said the Park Dedication fee still has to be addressed. Van Zomeren responded that the fee will depend on how the lots are valued. John Winston said that if Outlot A is combined with his lot, he will request vacation of utility and drainage easements. Page 8 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 (1t2) M2449 JOHN VOGT/MIKE HILBEUNK, HAVING AN INTEREST IN 3020 WATERTOWN ROAD - Continued Lindquist moved, Smith seconded, a motion to approve #2449 for Mike Hiibeiink and John Vogt, having an interest in 3020 Watertown Road, Ciass ill Preliminary Plat Subdivision, with the following conditions: 1. There will be an Outlot B that is 50* wide along the northern edge with a 100* cul>de* sac, with 80 ’ of paved area. 2. Accessory structure total lot coverage will be determined and the historical significance will be determined. 3. A variance obtained for the location of the drainfield on Lot 3. 4. Park Dedication Fee will be determined. 5. Drainage issues be addressed as stated in the City Engineer's letter. 6. There will be private driveways for the two lots off the relocated cul-de*sac. 7. It is the applicants responsibility to work with the Crystal Creek Homeowners* Association regarding the cost to use the private road as it exists. 8. Address the back lot acreage issue by rearranging the lot lines. 9. Move the temporary cul<de-sac to serve the two new lots and Lot 7. 10. City Engineer is to review the stormwater management plan. Schroeder asked if the two new lots will be back lots. Van Zomeren stated that they are not back lots if the road is extended with a cul-de-sac. If it is extended with a 50' outlot, they are back lots. A cul-de-sac has to be shown on the plat in order to not require the back lot acreage. The applicant v^ll have to decide the location of the cul-de-sac. The City would accept 50' straight across the top. As long as both new lots have access on the new cul- de-sac where staff can measure the lot width to the standard for the zoning district, they would not be considered back lots. Winston asked if the cul-de-sac would be constructed or platted. Lindquist stated it only has to be platted. Winston asked where the black top will end. Lindquist stated there will be a private road coming from the present cul-de-sac in Crystal Creek to the two additional lots. McMillan asked what would trigger the physical construction of the cul-de-sac. Van Zomeren stated that a cul-de-sac would have to be constructed when Lot 7 is developed. McMillan stated she would like to review the Crystal Creek resolution regarding the cul-de-sac. Stoddard stated the cul-de-sac should be platted now. Kahler stated that Lot 7 will be landlocked. Schroeder stated that perhaps all the lots could be served by the cul-de-sac and asked how many driveways can be served by a cul-de-sac. Van Zomeren responded that as long as the lots can meet the lot width requirement, there is no restriction on the number of driveways from a cul-de-sac. Page 9 ORONO PLANNING COMMISSION MEETING MINUTES FOR 'ANUARY 19,1999 (#2) #2449 JOHN VOGT/MIKE HILBEUNK, HAVING AN INTERESTS 3020 WATERTOWN ROAD • Continued Lindquist moved, Smith seconded, to amend the motion to require the construction of the cul*de-sac to connect all three lots and extend the road. VOTE: Ayes 5, Nays 0. (#3) #2450 GLENN GRONBERG, 325 WILLOW DRIVE NORTH, PRELIMINARY PLAT, 8:42 p.m. - 9:00 p.m. Weinberger presented the staff report. He said the appiicant has applied for a Preliminary Plat for a two-lot subdivision of a 5.07 acre site located off North Willow Drive. The lots will abut the new Highway 12. He said there are two main issues concerning the proposal. The first issue is access to the property. The original agreement for the private driveway that was set up was for three residences to be served off Outlot A. This subdivision would create a fourth lot being served by a private driveway even though Lot 1 of the existing subdivision continues to gair access off of Willow Drive. The subdivision ordinance allows for two residences on a private driveway. It is likely that the new lot will be acquired by Mn/DOT In the Highway 12 expansion for a stormwater pond for properties located around H. Taking Into account the access issues on the proposed plat, the City would typically require Outlot A to become a private road to serve the four residences. Staff is proposing to extend the Outlot into a cul-de-sac. creating a situation where two lots have access to a street and eliminating a front and back lot situation. The applicant has proposed a change to plat an extended roadway with a cul-de-sac and both lots meet all zoning requirements. Mr. Gronberg is the sole owner who has granted easements to the other properly owners on the private driveway, so there would be no conflicts between neighbors by creating one private drive. Staff could support the new proposal with provisions in the preliminary plat resolution that until a building permit is issued for the fourth lot, none of the development would be required for the private driveway. At that time all property owners would probably share in the responsibiiity of developing the private driveway if for some reason Mn/DOT would not acquire the new lot. Glenn Gronberg and Mark Gronberg were present. Glenn Gronberg requested that the Park Dedication fee not be assessed and the road not be required to be constructed unless a building permit is issued for the new lot. George Hutchins stated he owns an adjoining property. He stated that no one knows what Mn/DOT will do in the Highway 12 expansion, but he has seen a plan that would take almost all of the new lot for a holding pond. He asked what would happen if this lot is subdivided and someone builds a house on that lot. Glenn Gronberg stated there is no intention to build a house on the lot. Stoddard stated he is in favor of the proposal as long as staffs recommendations are followed. Schroeder asked If the proposed plan meets the zoning code. Weinberger stated it does meeting the zoning code. He said the property is over five acres in size and the subdivision will leave over two acres per lot. Stoddard stated that he does not want to act on the Park Dedication Fee. He would like the Council to review that issue. Page 10 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 (m) #2450 GLENN QRONBERG, 325 WILLOW DRIVE NORTH • Continued McMillan moved, Lindquist seconded a motion to approve Application #2450 for Glenn Gronberg, 325 North Willow Drive, for a Preliminary Subdivision as modified and presented tonight subject to the staffs recommendations and with the development of a private road and cul-de-sac being based upon the issuance of a building permit for the new lot VOTE: Ayes 5, Nays 0. (#5) #2445 ROBERT GEHRMAN, 4300 SIXTH AVENUE NORTH, VARIANCES, 9:05 p.m. - 9:15 p.nn. Weinberger presented the staff report, he stated that Mr. Gehrman has been issued a building permit to construct a 36' x 77' accessory structure on his property. The accessory structure is located more than 400' back from the road near an existing 20' x 60' accessory building. The maximum allowed accessory structure on a lot larger than 9 acres Is 3,000 square feet. Both accessory structures meet this requirement. The applicant is proposing to connect both structures with a 10' x 10' walkway. By connecting the structures, both buildings would be considered one structure which would require a variance for an oversized accessory structure. The total combined square footage of the old and proposed structures would be 4,072 square feet. He reviewed the Zoning Code requirements regarding restrictive covenants that must be placed on the property. He said that the applicant has stated he intends to store antiques in the structure. The Zoning Code does not allow storage of inventory intended for retail purposes. He stated that staff is recommending approval of the application based upon the hardship being that the connection is going to connect two legal buildings and it is in keeping with the rural character of the neighborhood. Robert Gehrman, the applicant, was present. There were no public comments. Stoddard asked what the Zoning Code allows for the maximum size building per acre and the total amount of accessory structure per acre. Weinberger stated that the maximum allowed for this tot would be 6,000 square feet for accessory structures. Stoddard asked the applicant if there are accessory structures located on the property. Gehrman stated the other structures consist of a 20' x 30' garage, a 12' x 16' shed, and a 20' x 20' shed, or approximately 5,200 square feet in total. Schroeder asked if the applicant intends to use the accessory structure for retail purposes. Gehrman said no. Schroeder moved, Lindquist seconded, a motion to approve Appiication #2445, Robert S. Gehrman, 4300 Sixth Avenue North, for a variance to allow an oversized accessory structure on the property due to the nature of the iot and the combination of the two would still be under the maximum 6,00 square feet allowed for accessory structures. McMillan stated she Is concerned about setting a precedent regarding oversized buildings. Lindquist stated he can approve the application because of the very rural setting. Page 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 (MS) M2446 ROBERT GEHRMAN, 4300 SIXTH AVENUE NORTH - Continued Gehrman stated the geography consists of a swamp to the north and trees two-thirds of the way around so it is very well buffered to the west, north and east. He said the neighbors have approved the plan. VOTE: Ayes 4, Nays 1, McMillan opposed. (Recess taken from 9:16 p.m. - 9:30 p.m.) (#6) #2446 MARC & SHERRY MASLOW. HAVING AN INTEREST IN 1890 SHADYWOOD ROAD, VARIANCES, 9:30 p.m. • 9:40 p.m. Van Zomeren presented the staff report. She stated the applicants are intending to purchase this lot. They are requesting an average lakeshore variance to construct a 12 ’ x 32' addition to the lakeside of the residence. The proposed addition will not further encroach into the average lakeshore setback than the existing structure. Another variance is required for h:: Icover in the 75’ - 250 ’ setbacK. She said the applicants are reducing the amount of hardcover in the setback, however, the remaining hardcover exceeds the 25% limitation. She stated that staff is recommending approval of the variances. She said that staff does not recommend removal of the hardcover located in front of the existing garage. She stated that the appiicants are willing to remove one of the curb cuts on Shadywood Road which is a benefrt to the City and County. The southern curb cut which wiil be removed is near a bridge over a channei where there are poor sight lines. Smith questioned the location and type of hardcover that will be removed. Van Zomeren reviewed the hardcover that will be removed. Marc and Sharon Maslow, the applicants, were present. Sharon Maslow stated the majority of the hardcover that wilt be removed is the south driveway which is bituminous. Smith asked staff to prepare a revised hardcover calculation taking out the rock and existing garage driveway, but leaving in the bituminous in front of the existing garage and other hardcover. Maslow stated that the worksheet they completed should have the hardcover figures. There were no public comments. McMillan said she is in favor of the proposal. McMillan moved, Schroeder seconded, a motion to approve Application #2446, for Marc and Sharon Maslow, having an interest in 1890 Shadywood Road, for Hardcover and Average Lakeshore Setback Variances, with the recommendation that the hardcover in front of the existing garage does not nave to be removed and the hardcover calculations show the amount of rock. VOTE: Ayes 5, Nays 0. Page 12 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19.1999 (#7) #2447 KEITH WATERS ASSOC7KIRT WOODHOUSE. 886 FERNDALE ROAD WEST. VARIANCES AND CONDITIONAL USE PERMIT. 9:42 -p.m. - 9:47 p.m. Van Zomeren presented the staff report. She stated that the applicant is requesting a conditional use permit for cut and fill to construct a driveway that is located partially through a low area that is considered to be flood plain. She stated that this is a unique situation because the entire existing residence is located completely out of the allowable building pad. The applicant is proposing to pull the garage off the property line, expand the kitchen and the current ofTice/library. She stated that the applicant is proposing to reduce hardcover in the 0'-75' setback from 17.38% to 16.6% and to reduce hardcover in the 75'*250 ’ setback from 35.4% to 30%. Variances are required for side yard setbacks to allow the kitchen addition and relocated garage to be located within the required side yard. A lakeshore setback variance is required for the addition on the west side over the patio because it is located less than 75' from the lakeshore. The proposed kitchen addition is 27' from the lakeshore and also requires a lakeshore variance. The lot is subject to the 0'-75' setback requirement on two sides. A conditional use permit is also required to change the driveway approach to the garage. She stated that staff is recommending approval of the application. Kirt Woodhouse and Blake Bichanich were present. Woodhouse stated that he wants to restore the original style of the house. He said they have worked very hard to modernize the house, keep the original character of the house and reduce the hardcover. Bichanich stated that all but one portion of the proposed additions will be over existing hardcover. The garage will be moved off the property line. He reviewed the hardcover that will be removed. Stoddard asked the applicant to summarize the cut and fill plan for the wetland. Bichanich stated it isnl a wetland, just a low portion of the site that is landscaped and sodded. He said it technically falls below the 931.5 contour line so it is part of the flood plain basin. There were no public comments. Lindquist stated he is in favor of the proposal. Lindquist moved. McMiilan seconded, a motion to approve Application #2447 for Kirt Woodhouse. 885 Femdale Road, for Side Yard Setback, Lakeshore Setback, Hardcover Variances and a Conditional Use Permit for Cut/Fill in a floodplain due to the uniqueness of the lot and the existing topography and the reduction of hardcover. VOTE: Ayes 5, Nays 0. Page 13 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 (#8) #2448 KEITH WATERS ASSOCJDOUG CARLSON/C. RAY, 780 NORTH ARM DRIVE. VARIANCES, 9:48 p.m. -10:00 p.m. Van Zomeren presented the staff report. She stated that the applicants are proposing to remodel an existing residence. The proposed changes require two variances. One variance is for average lakeshore setback because the existing house is located almost entirely in the front setback. The average lakeshore setback for the residence has slightly changed recently due to new constmction on the adjacent southern lot. Another variance is required for top of bluff setback because *'s residence is partially located within the required 30' top of bluff setback. She stated there are no negative impacts with this proposal and staff recommends approval. Catherine Ray and Blake Bichanich were present. Ray stated ti'at the neighbors support the application. There vrare no public comments. Schroeder asked how the hardcover would be reduced. Bichanich responded that most of it is related to the existing driveway and the rest is mostly landscaping, such as pavers and railroad ties. McMillan asked if the old garage would be retained. Bichanich stated that the old garage will be used as a workshop and not for vehicles. The old driveway is very steep and will be landscaped for gardens. Ray stated that one of the reasons for the addition of the new garage is that access to the existing garage is very diffrcult for a vehicle and they will not use the old garage for parking vehicles. Stoddard stated he can approve the proposal. McMillan stated the addition frts in very well with the contour of the house. McMillan moved, Stoddard seconded, a motion to approve Application #2448 for Doug Carlson and Catherine Ray, 780 North Arm Drive for Top of Bluff and Average Lakeshore Setback Variances. VOTE: Ayes 6, Nays 0. (#9) #2461 LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD, VARIANCES, 10:00 p.m. • 10:15 p.m. Weinberger presented the staff report. He stated that the applicants have proposed to construct a 78d-square*foot addition which would include a two-stall garage and two levels of living space above it attached to the existing residence. The existing residence is 20 ’ x 36 ’. There is no existing garage. This application requires variances to allow 51.1% hardcover where 25% is allowed in the 75 ’-250 ’ lakeshore setback, and to allow 15.8% total structural coverage where 15% is allowed. He said that all setback requirements are being met. Staff recommends denial of the application based on hardcover of 51.1% where only 15.3% exists and 25% is allowed, and structural coverage being greater than 15%. He stated that should the Planning Commission approve the application, staff recommends the applicant provide a drainage plan prior to the issuance of a building permit that would be acceptable to City Staff to show the proposed development would not pose a risk to the subject property or adjacent properties. Lyle and Gretchen Shaw, the applicants, were present. Gerald Roelofs, their builder, was also present. Page 14 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19.1999 (1t9) #245f LYLE AND GRETCHEN SHAW, 17S0 SHADYWOOD ROAD • Continued Roelofs stated that the application was written as though it was for a garage. He explained the cun^nt floor plan of the house. Stoddard asked if the desire for extra living space or the desire for garage space steered the application. Roelofs said they go hand in hand. The applicants want to bring a garage to the lot and expand the house. They want to keep the house as contiguous as possible. He said the addition is entirely behind the setback line. Roelofs reviewed the sizes of the neighboring houses. He said they would like some direction from the Planning Commission members before making further plans. Stoddard said he would like to see the hardcover scaled back. He asked what the hardcover would be if the structural coverage was brought down to 15%. McMillan said the applicants are allowed a minimum of 1 ,500 feet of structural coverage and that would automatically trigger additional hardcover. She said that 15% structure coverage would be 1,565 square feet and the applicants are proposing 1.650 square feet. She said she could approve the application if the structural coverage was reduced to 1,565 square feet. Roelofs said that would mean a reduction in building mass of 85 square feet. He said they did consider making the garage shorter, but it doesn't reduce hardcover because the driveway would be longer. McMillan said she believes that structural coverage is more important than hardcover and 1 ,565 square feet would be very close to the allowed 1,500 square feet of structural coverage. Lindquist and Smith agreed with McMillan. There were no public comments. Lindquist asked if Roelofs was comfortable with reducing the structural coverage to 15%. Roelofs said he believes they can work it out. McMillan moved, Smith seconded, a motion to approve Application #2451, Lyle and Gretchen Shaw, 1760 Shadywood Road, for a hardcover variance in the 75'-250’ lakeshore setback with the condition that prior to the issuance of a building permit the applicant provide a drainage plan that would be acceptable to City Staff. VOTE: Ayes 6, Nays 0. Page 15 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 SKETCH PLAN REVIEWS (#10) #2452 PETER ANDREA COMPANY. HAVING AN INTEREST IN 5XX STUBBS BAY ROAD NORTH (PID #32-118-23-24-0007), 10:16 p.m. -10:40 p.m. Van Zomeren presented the staff report. She said the applicant is proposing to subdivide a 36.47 acre parcel into seven lots with two outlots for access. Each lot would contain a minimum of 5 acres. Outlet A would be a private road ending in a cul-de-sac. She said all of the proposed building pads can meet the setback requirements. She recommended that the applicant provide additional information regarding the use of the most northerly portion of the parcel and the purpose of Outlot B Mark Gronberg and Jim Deanovic were present. Gronberg stated that the northern most lot line is where Highway 12 Is proposed to run. Outlot B is for access to the northern most lot. He said there is a platted road that runs along the west side of the property. Stoddard asked how access would be provided to the undeveloped lots to the west of the proposed subdivision. Gronberg said that the platted road that runs between the proposed subdivision and the undeveloped lots was probably intended to provide the access or they could gain access from Orchard Park Road. Stoddard stated he is comfortable with the plan as long as the platted road along the west side remains in the plan. Lindquist stated that he is comfortable with the plan. McMillan said she is also comfortable with the plan. PLANNING COMMISSION COMMENTS (#11) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON NOVEMBER 23,1998, DECEMBER 14,1998, AND JANUARY 11,1999 Smith noted that on January 11th the Council reviewed the Rebers/Service 800 application and there are issues with the access. Van Zomeren stated that Mn/DOT had given preliminary approval to the access as a quick right turn, but then denied approval for that access. Mike Gaffron has been working with the project manager for that proposal and also Mn/DOT to resolve the issue. Smith noted that there is a published schedule of Council members who will attend the Planning Commission meetings. Smith said that the City has asked for an extension to provide an updated Comprehensive Plan to the Metropolitan Council. She asked staff if the Planning Commission will be involved in updating the Comprehensive Plan. Van Zomeren replied that Mike Gaffron will be devoting his time to completing the Comprehensive Plan. She said she is not sure how the Planning Commission members will be involved. Schroeder asked Bob Sansevere, Council Member, to what degree the Council plans to involve the Planning Commission in updating the Comprehensive Plan. Page 16 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19,1999 Sansevere replied that he does not know. He suggested that the Planning Commission and City Council have a joint meeting to discuss the Comprehensive Plan. (#12) OTHER ISSUES FOR DISCUSSION Stoddard requested that minutes from previous meetings regarding properties to be discussed be included with the staff reports. Stoddard asked if the Planning Commission could address some straight forward issues by opening them for public comment at the beginning of the meeting and then acting on them all together. Sansevere said he will bring it up with the City Council. (#13) PLANNING COMMISSION APPROVAL OF MINUTES FOR NOVEMBER 16.1998 Lindquist moved, McMillan seconded, to approve the minutes of the November 16,1998 Regular Planning Commission meeting. VOTE: Ayes 5, Nays 0. (#14) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON JANUARY 25, 1999 AND FEBRUARY 8.1999 January 25,1999 • Schroeder February 8,1999 • McMillan (#16) OTHER BUSINESS Smith stated that she, Lindquist and Stoddard will not attend the February 16,1999 Planning Commission meeting. ADJOURNMENT Schroeder moved, Stoddara seconded, to adjourn the meeting at 11:05 p.m. VOTE: Ayes 6, Nays 0. Sandra Smith, Chair Page 17 LAKE MINNETONKA CONSERVATION DISTRICT 18338 Minnetonka Blvd. Deephaven, MN 55391 745-0789 EXECUTIVE DIRECTOR’S NEWSLETTER Gregory S. Nybeck January 27^ 1999 FEB 8199*, Wi I I Office Relocationt The LMCD office was relocated to 18338 Minnetonka Blvd, Deephaven, MN 55391 on 9/25/98. Our new telephone and fax numbers are 745-0789 and 745-9085 respectively. An Open House was held on 11/19/98 for District member communities and the public to become acquainted with the new location. Those who could not attend the Open House are encouraged to visit the new office wlicn in the vicinity. Exotics Management! The LMCD Board awarded at its 8/12/98 meeting a contract with Minnesota Bearing Co./Air Hydraulics Systems, Inc. and Cummins Diesel Service to conduct a major overhaul of the four District harvesters. The current fleet is ten years old and has not had overhaul work conducted on it. At the 1/13/99 Board meeting, EWM Project Manager Gene Strommen reported the vast majority of the work to be completed on the refurbishing of the equipment was completed in the fall. Some of the work completed included evaluation of the diesel engines, rebuilding of the hydraulic systems including the power systems and thrusters, inspection and replacement of all hosing (when needed), and the rebuilding or replacing of the front-end rollers or cutters. To date, $60,983.70 has been spent on this project, with an additional $4,000 estimated in the spring to complete it. This work is being funded with Equipment Depreciation funds. The Board has expressed continued concern regarding the introduction of zebra mussels into Lake Minnetonka. The Board at its 1/13/99 meeting adopted an amendment to Code relating to this. With the adoption of LMCD Ordinance 160, no person may introduce into or operate on the lake any vehicle, watercraft, trailer, or other object which has had affixed or attached zebra mussels until they have been cleaned of all visible or discoverable mussels. In addition, the public would also need to either secure an opinion from the MN DNR, or the District, that there are no viable zebra mussels, or allow for a 15-day drying period, prior to launching into the lake. This Board is currently considering complementing this effort with a proactive Work Plan for 1999 on educating the public on zebra mussels. “Save the Lake” Recoi»nition Banouett The 32 “* anniversary “Save the Lake” Recognition Banquet is scheduled for Thursday, February 11, 1999 at Lord Fletchers of the Lake. The program includes a featured presentation by Lake Minnetonka Historians Daixel and Lavem Leipold, recognition of the Special Deputy Award recipient, and 1999 LMCD Program Priorities. For those interested in attending, reservations need to be received in the District office by 2/4/99. On-going Licenses; District staff has recently inspected all licensed deicing installations on the lake. Results of these inspections, with related correspondence, have been forwarded to EXECUTIVE DIRECTOR’S NEWSLETTER, 1/27/99, PAGE 2 the licensees and the affected municipality. District staff is currently processing all new and renewal without change applications for licensed multiple dock facilities on the lake. New and renewal applications for charter boats and associated liquor, wine, and beer licenses have been sent out and are due in the District office in the near future. Related correspondence to these on-going licenses will be forwarded to the member cities at our earliest convenience. Bil Hawks Boathouse: The civil lawsuit filed by Mr. Hawks against the LMCD challenging LMCD Code Section 2.12, Subd. 2 was dismissed in Hennepin County District court on 5/26/98. Also, the Court ruled favorably for the countersuit filed by the LMCD seeking an injunction requiring the storage boat to be removed from Lake Minnetonka. Mr. Hawks was directed to either remove the storage boat from Lake Minnetonka or to convert it into a houseboat. Mr. Hawks has appealed the 5/26/98 Hennepin County District court ruling and the case was heard by the Court of Appeals on 12/16/98. The Court of Appeals has 90 days to decide on the matter. Further details will be provided when available. WebPaee! The LMCD WebPage address is: http://www.wintemet.com/'lmcd/ TO'd "IHiOi I DEAN ELTON JOHNSON S«Date District 15 117 StaU Office Building 100 Constitution Avenue St. Paul. MN 55155-1206 Phooe: (651) 296-3B26 Fax: (651) 296-9441 or PO. Box 996 Willmar. MN 56201 Phone: (320) 235-6388 • a ^^1 I* • • ^ ^ FEB a, 1999, Oil r Ur Uriui^O I Seikate State of IVfinnesota O February 3,1999 Mayor Gabriel Jabbour-Orono 985 Tonkavva Rd. Long Lake, MN 55356 Dear Mavor Jabbour: Thank j'ou for attending the Senate Transportation hearing regarding Highway 12. This is a longstanding issue that presents itself Mth both problems and possibilities. It ric^ulres a positi\ e commitment to construct the two-lane highway between Hennepin County Rd.6 in Orono and Wayzata Boulevard in Wayzata. I am pleased with the communities of Long Lake and Orono for making tentative agreements. The testimonies of Mayor Michael Bash and Maydir Gabriel Jabbour were veiy helpful. I am satisfied that MnDot has set aside 54 million dollars. We pledge our full support to the communities of Delano, Maple Plain, and Independence as they continue to struggle with the Highway 12 corridor. Frustration has been the feelings and sentiments of the people in West-Central MN in regards to Highway 12. With tie possibilities of construction and improvement the citizens will be pleased. Thank you for your participation. I look forward to working with your respective communities. ^s. 'dLO cc: Ken Warner-Willmar Area Chamber of Commerce TO-d t O.M.>lITTEKS«: Tr.iii.sp-'n.itifin. FduiuUvr. Fin.^na-. Kul*s .Admini.str.^tuvi SERVING: All nl K.iiuli\uhi .■uiH Kviivillt- Cnimtic.' puru ol Mecktr. ChippowA. 80:ST 666T-riO-a3d _ 01.'26/1999 16:07 3752490 ceutpal ap PACiE 02 Long Lake Volunteer Fbe Department IBM ParVAwnie Long UKt. MN 5&3M January 25,1990 CC" FEB aim CH y vjr ijr\sui>40 Daar marnbofs of tha Lx>ng Leike. Orooo arxl Madina City Council: One of the goals of the Long Lake Volunteer Fire Department ia to prevent ernergenbesfrom occurring through community prevention rneasures At lart rminth’s lx)og Lake Oty Co^ rneetr^ I asked to look Into and follow up on providing smoke detectors to our community on an as needed basis I am pleased to report that we have received a large number of smoke detectors from First Alert free or charge. It to our intent to supply theee amoke detectofs to those people in our fire eefvioe WNle vMe will emphas^ giving them to thoee that cannot afford them, we will acoommodale any and pH roquaflte. As a way of inforniing the public, vwe have or will be communicating this offering through the City’s Newsletters. On anther note. I am also having oorrvefsallons with other company's to provido carton monoxide detectors and fire extlnguiahefs to our community as w«ll. I'm hoping w« are as successful in getting some of these emergency preventkxi products avail^e for the ptiWIc. Thank you ail for your ongoing partnership and support. Sincerely. Steve Persian Chi^, Lorrg Lake Volunteer Fire Department (.V the ewsietter February 1999 Orono Independent S chool District 278 ISSUE No. VI On February 8,1999, the Board of Education will hear from the Core Group responsible for assisting with the schematic design of the new middle school. Since September, a Core Group of teachers, staff and parents have worked with the District's architects and construction managers to create a basic schematic design for the new school. The schematic design is a basic footprint of the new school and a site plan. The Core Group has consulted extensively with all middle school faculty and staff and have toured area middle schools. The meeting on February 8 will also provide a public opportunity for the Core Group and architects to present the schematic design and to respond to Board and community questions and comments. All community residents are invited to attend the February 8 Board meet­ ing. It will be held in the Orono High School Cafeteria at 7pm. The Board of Education must approve the schematic design before the architects begin the detailed design phase of the project. The parameters governing design plans were established by the September referendum. For example, the building will be constructed on District land across from Orono High School. The facility will be built to house 675 middle school students in grades 6-8. A varsity size gymnasium and locker rooms will be included In the school, and additional playing fields will be located adjacent to the new school. In April, the architects will present the detailed design for the new school. This will also occur at a public meeting at which community mem­ bers will be encouroged to raise questions and make comments. Ground breaking is sched ­ uled for June of this year, and completion is pianned for July of 2CXX). While this the major project of the bond refer­ endum, is being highlighted here, work is also undervyay with respect to the new Orono High School media center, the elementary pro­ gram's use of the current middle school build ­ ing, as well as the other projects on the refer­ endum list. Sincerely, Thomas B. Mich, Ph D. Superintendent Snow Emergency School Closing School closings due to severe weather or other emergency reasons will be announced over WCCO (830 AM) radio and KSTP Channel 5. In case of serious weather problems or other unavoidable sit­ uations when students must be dismissed early, H.S. students will be dismissed first, M.S. students second, and Primary and Elementary students last. Please be certain that provisions are made for your children if and when it should become necessary to send them home early. Typically, during periods of sub-zero weather when the wind chill factor is 55-60 belovy, the District does not call off school. Parents should make their own decisions regarding whether or not to send their chil­ dren to school. The reason for not calling off school under these weather conditions is that the mes­ sage will not r^roch everyone, and some children may be injured waiting for buses. Normally, unless buses are unable to oper­ ate, we will continue to hold school. v.|i I r wi- unwivO QRr^Nn «;rHr>ni RPAPri John Maresh Chair 475-3197 Jack Veach Vice Chair 479-3203 PEG S wanson Clerk 479-1253 Dick Lewis Treasurer 473-4691 David McKown Director 479-1692 Martha Van de Ven DiREaOR 475-0787 SERVING THE COMMUNITIES OF: INDEPENDENCE, Long Lake . Maple Puin, Medina , Minnetonka Beach , and Orono. \ A I r WHAfS INSIDE????? •DARE Program pg. 2 •Pops Concert pg. 3 •Volunteers Needed P0-4 pg-5 pg-8 •Wolf Ridge •Calendar 1 From M1M To Ron Moorse Date 2/5/99 Time 7 21 54 Pf.1 Page 2 of 2 AMAA FAX NEWS February 1-5, 1999 '8# Aiiodation of Metropolitan Municipalitier 1 For Your Info... HOUSE TAX REBATE Tfie House has passed its Ta - Rebate Bill (HF 1). while the Senate bill will be on the floor ne-t weeK Both bills propose to rebate to individual taxpayers appro*imately $ 1 0 billion but the method of distribution varies The House proposal would distribute the rebate based on income taxes paid, while me Senate would use a formula based on sales ta-^es paid The governor supports the Senate nun The House would pay the rebate within 60 days of passage while the Senate bill v/ould send checKs to recipients in August A conference committee will resolve the differences MET COUNCIL BILL Sen Carol Flynn (D*Minneapolis) has introduced a bill (SF 501) related to the Metropolitan Council The bill would elect the council from districts The bill has been referred to the Senate Local Government Committee Sen Steve Morse (D-DaKota) has introduced SF 477 which would abolish the population threshold for municipal state aid The population tlneshold IS 5 000 and the abolition would increase the number of eligible cities but the amount of the fund would not increase It’s been referred to the Transportation Committee I.UU /’<rv Wtrs i\ faxed penodiotlly to ttH \MM etty mmut^ers ttnd udministrotnrs. I'lic infonntttit*n is intended to he shored w ith nuiyttrs. etnineiiinemhers and staff ' i 'oi\\rif*ht /999 \MM I4> I m\'ersity {ve. H. St hnil. M\ ssUh^-:044 fit one. (hSU 21^-400(1 lax: (051) :SI-12^4^ L^ittnil’ onun a noun 14 5. or Governor reduces budget for economic development programs ^^everal economic development ^Oprocnams are reduced or not funded in the oovernor s recently released li'udget The reductions or funding elimination total approumatei/ S10 0 million and several of the r'roposals impact cities The proposed budget would reduce the Minnesota Investment Fund (MIFi b/ $2 0 million and not fund the community resource pro ­ gram jCRP) and the redevel ­ opment fund The MIF provides loans for busi­ ness wfiile the (!;RP funded projects Ll (^1^n Minneapolis St Paul and Duluth The ledfvelopment program '.vas funded in iggg as part of the capital projects (bonding; bill but was funded with cash rather than bond proceeds Approximately 32 0 million of the redevelopment fund has been obligated and the remainder will be made available through a grant solicitation process scheduled for April 1999 The budget also eliminates or reduces funding for pass through grants such as Advantage Minnesota and to non-profit economic development agencies Corporate welfare bill to be introduced AMM officials testify on Highway 12 issue I egislation leased on the Corporate Lsubsidy Reform Commission report will be introduced in the Senate on Feb 8 1999 Sen John Hottinger (D-Mankato) will author the bill The bill will require the l?ayment of a living wage (110% of the poverty line 'wage) by li'usmesses that receive a public subsidy Tt ie bill also addresses the issue of inner cit ,' competition and modifies the current reporting requirements I led week the House and Senate i:»oiicV committees v/iii discuss the issue of corporate welfare with Greg Le Roy executive director of Good Jobs First and author of a book related to corpo ­ rate v/elfare T he mayors of Ororio arid Long Lake testified before the Senate Transportation Committee on Feb 4 1999 regarding the future of Highway 12 The mayors jointly slated that the cities have agreed on a nght-of-v<ay for Highv/ay 12 and are discussing otfier cooperative ventures Also, the Mayors of Maple Plain and Independence v/ere in attendance and indicated that the t ,vo cities .vill also attempt to work together with the Minnesota Departmerit of Transporta ­ tion (MnDot) to complete the planning of Highway 12 through their cities The hearing highlighted the ability of local governments to cooperate arid resolve a major issue f T6'd TBlOi o If- r. .<K i 4 DEAN ELTON JOHNSON S«D«tt District 15 117 StaU Office Building IOC Coastitutioa Avenue St Paul, MN 55155-1206 Phone: (651) 296-3826 Fax: (651) 296-9441 or P.O. Box 096 Wlllmar, MN 56201 Phone: (320) 235-6388 II *^ll 1 »)•!) r.iu-jyJ ■ y ■ 1111 w I ■ Htfl Sei late State of Minnesota Februar>3,1999 Mayor Gabriel Jabbour-Orono 985 Tonkawa Rd. Long Lake, MN 55356 Dear Mayor Jabbour; Thank you for attending the Senate Transportation hearing regarding Highway 12. This is a longstanding issue that presents itself with both problems and possibilities. It r commitment to construct the two-lane highway between Hennepin County Rd.6 Wa>’zata Boulevard in Wayzata. I am pleased with the communities of Long Lake and Orono for making tentative agreements. The testimonies of Mayor Michael Bash and May<|>r Gabriel Jabbour were very helpful. I am satisfied that MnDot has set aside 54 million dollars. ‘quires a positive in Orono and We pledge our full support to the communities of Delano, Maple Plain, and Ind continue to struggle with the Highway 12 corridor. Frustration has been the feelji sentiments of the people in West-Central MN in regards to Highway 12. With construction and improvement the citizens will be pleased. 4pendence as they ingsand tiie possibilities of Thank you for your participation. I look forward to working with your respectiv|e communities. Simerely, Dean Elton Johnson State Senator fs. cc: Ken Warner-Willmar Area Chamber of Commerce I0*d CUMMITTEKS: Ajri icultixrf. Truii^iportailrin. Elections. Kduculion Fin.TncO. Rul#« .*10(1 AdmlnistrAtion SF.RV*1NG: All of KamlivnHi nnt\ Kvttvillf^ purti* of Meeke r. Chippewa. £0:ST 666T-rO-a3d «• % 0 %.• • • • •01/28/1999 13:56 6123794047 01/27/98 16:42 FHOU MCCilANN SHEA 01/13/90 2 091 9460 ICST PHOTO NORTHCO CORP 121009/003 TO) urn 0.27/6T. 0:25/1(0.«603058M F 3 tUTlM I rai/KI S«-l>s* Xotraduoed ty DJS. JoluaM Juuiuy 29.1999 lUfefr«d to OowBiMi* oo TRANSFORTATXQN ReprftAimrf by nmun IMOtSLAnVM sbavks S^.Nq.25I Ooniptaloa RF. No. C 10 11 12 13 A bill fot «n act tequlrln® iBoluaion in atattorlda hw.«„y BS It BIACYID BY TBB LEGIBLAW OF OEBB BTATE OF NXIQlSSOtSAi flaction 1. [hgbnax coasnocvioN.) ^•_009toiaalonar of tranabortation ahall ineln^« »k^ Qg thf atitavAOa taanaporta^on plan and ■tgf>»PPrcatiop iworovemant proggam taeoaatrnetAon py trimi^ highway aarkad Wo. 12 aa a foar-lana diTidaii hlahwav batwan intoifctlen witb tha city pg DaUno and it. iBtataaetlai| ««4«.k tha eitv of wairaafea. .MINN^PPOLIS, MN USP TEL:1-612-475-0968 Feb 08'99 10:12 No.001 P.02 Editor Wcbl Central TRIBUNE Industrial Park 2208 We.st Trott Avc. Willmar, MN 56201 Feb. 8.1999 Dear Editor; The editorials in your Feb. 4^^ A 5*^ papers concerning Iligliway 12 wiirrant some important clurilication so that your readers may more fully understand the ongoing process of upgrading the highway through Orono, Long Lake, and Wayzata. First, the new corridor, with it’s designation as a “.Super Two” was actually approved by the three cities in late 19%. Having this approval described as, “outHif-lhe-blue ” and a, “revelation' comes as somewhat of a surprise. The negotiations between and among the Cities and MnD()T to arrive at this agreement were covered extensively by our local media and they were done in full view of the citizens of the three Cities. I low all that was missed in western Minnesota is unfortunate. Secondly, the next and critical phase is presently upon us. This is the approval by the three Cities and MnDOT of the Preliminary Layout. In this phase, culminating nearly two years of meetings between MnDOT, City Councils, and a thrcc-city/MnDOT Design Review Committee, construction limits, residential and business relocation issues, parkland mitigation, and other significant issues are defined. After an open house scheduled for Feb 22, MnDOT has till August 1999 to hear comments, gain ollicial Cities approval and move on to the final design. Finally, assuming the above transpires successfully, actual construction will begin in 2002 with completion, at best, in 2005. It might bt? impt»rlani to note that this schedule only rebuilds Highway 12 from Way/ata to the west edge of Orono. We appreciated Sen. Johnson ’s urging lh»4 the proicci be, “speeded up ”. We also hope Sen. Johnson and others will appreciate the extraordinary, complex issues we ore trying to come to agreement on at this very critical time. Tlic cooperation among MnDOT and our three cities has been exemplary in the last few years. Encouragement from our friends to the west will continue to be appreciated. Gabriel Jabbour Mayor, City of Orono Jume.s Murphy Orono citizen member l)e.sign Review Committee cc. Mayor Bash, Long Lake Sen. Cen Olson Sen. Dean Johnson I SENT BY: SRC; t l/inml \I.; ‘^piii*. 2- 5-99 3:28PM; 6122969441 ->#4/5 lmp.//WWW vvHiil>.CwUl ''C«.>HC‘' ff tJa>\>yMO<‘5 /•'••'•Av./m.. P.uK 2-V»8 West liiJrt A\»* WilliiMi MN Tribune Td (»ri*> J r I 4% I 'Oui : i5 o ‘7o*> il'v\wCf lb Com Home I Ncw.s | Sports | | Fculur^ 1 Dusttie'^s | Rccoras (()bitiuu>es [ Cl;u>i»i nccls ^ivhi\e 1 About Us | Special Sections T Links | Feedback KUITOKIAL: Quick Spins FtB. 5 - I'HUMDS UP: To the forces behind Wednesday's out*ot*llic-bluc announcement on the Highway 12 expansion. It was a marvelous coalescence of good fortune, years of hard work and recent decisions by the cities ot Way7ata, Omno and Long Lake to unlock their resistance to an expanded highway. A tentative agreement was announced, focusing on plans to build what's called a "Super 2" highway througli those cities on the western side of the metro area. The Iwo-hine highway with limited access is designed to case congestion. It won ’t be the four-lane highway that many fought for ycar.s, but it should do much to take the pain out of a trip to the Twin Cities from we.st central Minne.sola along Highway 12, tackling the highway at one of its most ditTicull spots. Now that this hurdle has been cleared, wc hope transpurluliun otVicials will heed the urging of Sea. Dean Joluison, who pushed Wednesday to have the pn>jecl speeded up. Hven with the plnnncd widening of Highway 23 in northern Kandiyohi County, wc still need a better Highway 12 to serve west Central Minnesota. News like Wednesday’s moves u,s closer to that reality. 1HUMBS UIV To Minnesota’s new Korean War Memorial in St. Paul. 1 he memorial was de.signed by a man with strong Willmar tic.s. Art Norby, .'Uid was dedicated in a ceremony last fall. We spent some time there Sunday morning, and were iinprc.<iscd. Not fji* fnmi the state Capitol, the memorial - W'hich mixes .sculpture and luvhitectural design to strong effect - is an eye-catching, and touching, tribute to troops who served in Korea in the eiuly 1950s. It’s worth the visit. I'HUMBS IIP: To tlic compromise that appears tv> be emerging In ,St. Paul over snowmobile studs. A bill, making its way through the Senate, will continue to ban studs from all paved trails in the state, but would, in its currcni lorm, drop the $51 surcharge. Snowmobilers gam linaneially by not having to pay the surcharges, a move that would please, for instance. Gov Jesse Ventura, who owns live snowmobiles am.’ must pay surcharges on each. l ol .’I III r' SENT BY: SRC; 2- 5-99 3:27PM; 6122969441 -> \\S‘ lli'ilmiiy 12 .n:«v.vmnu ivachcd #2/5 hnp;.V\v\vw.\vctrihcuiii'Mi'iieN iluiiHl.i\/n()|n2(MIvs»Yiv htin riic iwt>-liine highway that spills into a six-lane freeway in the western suburbs of the I win Cities, carries 22,50» cars a day. Between I9‘>3 and 1998. 22 people died in car accidents on the highway. "I believe the discussion has gone on far, far too long," Johnson said, urging Litchfield city olTicials to drop their opposition to a Higliway 12 bypass around their city. He said the Idea that a highw'ay through town is gixid for bu.sine^s i.s a misconception. He said travelers on route to the Twin Cities stop along the w'ay only to deal with the "necessities of life," not to shop While Johnson welcomed the tentative agreement between l.ong I akc, Orono and Wayzata. he said there was a need to speed up the project. " file tune has come to move ahead and get it d*.tne," said Johnson, a Lutheran pastor. "As Moses once said. *Lci niy people go.’" Ken Warner, president of the Wilhnar Area Chamber of Commerce, said pctiplc in Wilhnar were not demanding a four-lane highway out of the fwin ('ities "We have simply asked for a safe, 10-ton highway." Warner said. "'I he highway is important to the economic viability of our community. Forty-nine yeius is long cnougli to study and delay this vital transportation link." •Mike Bash, the new mayor of Long Lake, agreed that the issue should have been dealt with years ago. Highway 12 is not only a major ea.st-west transportation link, he said, it is also Long Lake's Main Street. It is a roadway that doe.s '^oi work, he said. * have been arguing about Highway 12 all my life," Rash s;*4Cl. "It should have been solved .^5 years ago. Shame on my Ibrefalhers for not doing it. because it would have been easier then." Orono Mayor Gabriel Jabbour said the project has reached a point where houses are being bought for right-of-way acquisition. A MnDOT official said the project appeared to be on the verge of a resolution. "I know a great deal more today about Highway 12 and its future than I did 48 hours ago." Johnson said 2 ot .*2. .S vv i ’« I’M SEHT BY: SRC; \m\(MU.\l-Ou'0lc Spms i ol : 2- 5-99 3:28PM; 6122969441 ->#5/5 hnj>;/Vwwtt.wcJrib.com 'ti'rK’s iJsiy i><»I(i.0>Iluin Trail u^cls also gain in lhi«; plan, which protects paved trails and will punish those caught damaging them with studs. While snowmobiles and the snow industry are imp<utant to the state economy, a bicycle industry lobbyist said this week that bicyclists may be even more important: "More Minnesotans ride bicycles than hunt, fish and snowmobile combined," said Gniy Sjoquist. "Rural econoniics all over Minnesota are being impacted by paved trails." By dropping the surcharge, snowmobilers wtm’l have to pay a foe that hcip.s fund trails they can't use. Du! by keeping the stud b;m in place, the state can prevent damage to trails that are used by many groups of people. Home 1 News | Sni»ris | Iklitorial | Kealurcs 1 Dusiness Records 1 Onituarics fnassilTcds) AjvTnye fccdback(<t»wctrih.com IVrm^ iiPit Conditions oK \ Jse 4:» Korum Coniimimcations Company 1908, all rights reserved 2 > y'> I -.1" K' J SENT BY; SRC; SI \\S- Hiclm.jy 12 :igrfomcnt reached 2- 5-99 3:27PM; 6122969441 -> lurp.Vv% vv IV. wclii/j.ivni Nii»fjw*N h!,t. , - * liivtii>Uia) Pali 22VH \\cM Icon .\\w' W.llinu* MN 5^^M Tribune Ki I11^' l .ix C.O«V» < iecdl>.Kik-<»-»xiiih x»"ii lUnne 1 Nii \^ I ^lorts | Edilorittl | I’eiiturcs | Business | Rccorus Obiiuancs j CTIxssificcis .\ivhi' e I About H.s f>pecial Scctiotis | rinks | Fccdb.ick ISLWS: llii>liv%ay 12 ugiccnienl reached S T HAUL - When Sen. Dean Jolmson inliodueed IcgisIatK^n ordering the Minnesota Dcptnlmeni dT Transportation to include an upgrade of Highway 12 in its transporiulion phin, he could not have imagined the result. Johnson, a Republican Irom Willniar. had introduced llic bill to prod a public discussion of the traffic-choked highway. Bui as he prepared to take his bill to the Senate I ransportation CommiUcc on Wednesday for a hearing, he was lidd the project was well beyond the discussion stage. The cities of Wayxato, Long Lake and Orono - three cities that ft>r years liud fought efforts to expand ihe east-west highway - had quicily reached a tentative agreement with the MnDOT u> build a limited access, super two-laiie highway from Way/aUt to Hennepin County Road b, located between Orono and Maple Plain. Plans call for tbe new highway to complement Highway 12. The exi.sting roadway would still be maintained to handle local tratfic through downtow'ii Long Lake and Orono. The new roadway, with access jHiints limited to each end. wtiuld shutlle iralTic tlvough the three cities. I he revelation was a significant development in Ihe ageless light U» expand the highway. Johnson promptly moved to table his bill, saying he hoped the committee discassion could serv e to inlbnn people about the highway needs west of the 1 win Cities. Johnson said problems have plagued the highway for years I he Willinar Chamber of Commerce began discussing the need to upgrade ihc highway 49 years ago. Johnson, himseir, has used Highway 12 for 21 year.s to commute Irom Wilhnai to his legislative office in St. Paul. Me said he ha.s traveled the highway 1.039 times. "If you calculate an eight-hour day, I have spent 175 days of rny life on Highway 12 between the State Capitol and Willmar. where I live." he said. Hie highway, designated as one v»f the national emergeney niutes through Miimesota, is da- gerous. he said. I Ml 1 > 5 I jv I'V