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HomeMy WebLinkAbout04-25-2016 Council Work Session PacketCity Council Work Session Monday, April 25, 2016 5:00 p.m. Orono City Hall AGENDA 1. Hennepin County Assessing Contract - Presentation from James Atchison (5 PM) 2. Union Cemetery (1400 Wayzata Boulevard): Cemetery Road— Status & Options (5:30 PM) 3. Sub -Committee with Orono School (10 Minutes) 4. Street Planning and Funding Discussion (45 Minutes) 5. Future Work Session Topics Work Session Topics or Requests Annual: • Budget and Goals: part of June, all of July, August and October. • City Administrator & Police Chief update (3 times per year for 15 minutes) • Joint Planning Commission/Park/Council meeting for check-in/direction (11/9/15) Additional topics: • Emerald Ash Borer and presentation from 3 Rivers regarding invasive species (LL) • Sewer Connection Fees Policy (MG) • Marina licensing (MG) • Construction Hours — Truck Traffic (LL) Previous Work Session Topics March 28, 2016 • Bias Sensitivity Training • Police Chief Verbal Update February 22, 2016 • Comp Plan Timeline • Customer Service • Planning Commission Appointment • Lurton Park Update January 25, 2016 • Hennepin County Lake Access • Navarre Trail Connection • Intersection Improvement Grant for County Road 15/19 • Council Packet Information and Electronic Packets Item No. 1 MEMORANDUM To: Mayor and City Council From: Ron Olson, Finance Director Date: April 25, 2016 Subject: Hennepin County Assessing Contract Beginning with the 1999 assessment year, the City has contracted with Hennepin County for assessing services. The current four —year contract will expire on July 31, 2016. The County would like to continue to provide assessing services to the City and has sent a new four-year service agreement for our review. A copy of the proposed agreement is included for your review. The cost for the 2017 contract year is $172,000. In addition to the proposed agreement, the following is included with this memo: includes: the annual cost from 2008 to 2016; the cost calculation sheet for 2016; and the costs paid by other cities for assessing services. The annual cost information includes both the original cost estimate for the year, and the actual costs. Depending on the amount of construction, the annual charge can vary. The cost calculation sheet shows how the annual estimated cost is calculated. For residential properties, the cost charged per property increases with value. The cost calculation sheet is used by the County to calculate the cost for all of their contract cities. The 2016 contract costs for the Cities serviced by the County are included for your review. The Hennepin County Assessor, James Atchison, is here tonight to provide the council with on overview of the services provided by the County. Contract No. A16XXXX ETC] 0:44LTA 14zII THIS AGREEMENT, Made and entered into by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF "Name of City Here", a political subdivision of the State of Minnesota, hereinafter referred to as "CITY"; WHEREAS, said CITY lies wholly within the COUNTY OF HENNEPIN and constitutes a separate assessment district; and WHEREAS, under such circumstances, the provisions of Minnesota Statutes, Section 273.072 and Minnesota Statutes, Section 471.59 permit the County Assessor to provide for the assessment of property; and WHEREAS, said CITY desires the COUNTY to perform certain assessments on behalf of said CITY; and WHEREAS, the COUNTY is willing to cooperate with said CITY by completing the assessment in a proper manner; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1. The COUNTY shall perform the 2017, 2018, 2019, and 2020 property assessment for the CITY OF "Name of City Here" in accordance with property assessment procedures and practices established and observed by the COUNTY, the validity and reasonableness of which are hereby acknowledged and approved by the CITY. Any such practices and procedures may be changed from time to time, by the COUNTY in its sole judgment, when good and efficient assessment procedures so require. The property assessment by the COUNTY shall be composed of those assessment services which are set forth in Exhibit A, attached hereto and made a part hereof by this reference, provided that the time frames set forth therein shall be considered to be approximate only. 2. All information, records, data, reports, etc. necessary to allow the COUNTY to carry out its herein responsibilities shall be furnished to the COUNTY without charge by the CITY, and the CITY agrees to cooperate in good faith with the COUNTY in carrying out the work under this Agreement. 3. The CITY agrees to furnish, without charge, office space needed by the COUNTY at appropriate places in the CITY's offices. Such office space shall be sufficient in size to accommodate reasonably V of appraiser(s)" and any furniture placed therein. The office space shall be available for the COUNTY's use at any and all times during typical the CITY's business hours, and during all such hours the COUNTY shall be provided with levels of heat, air conditioning and ventilation as are appropriate for the seasons. 4. The CITY also agrees to provide appropriate desk and office furniture as necessary, clerical and secretarial support necessary and reasonable for the carrying out of the work herein, necessary office supplies and equipment, copying machines and fax machines and their respective supplies, and telephone service to the COUNTY, all without charge to the COUNTY. 5. It shall be the responsibility of the CITY to have available at the CITY's offices a person who has the knowledge and skill to be able to answer routine questions pertaining to homesteads and property assessment matters and to receive, evaluate and organize homestead applications. The CITY shall store all homestead applications and homestead data in secure storage meeting the requirements set by the COUNTY. (2) It shall also be the responsibility of the CITY to promptly refer any homestead application which needs investigation to the COUNTY. 6. In accordance with Hennepin County Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, ex -offender status or national origin; and no person who is protected by applicable Federal or State laws, rules and regulations against discrimination shall be otherwise subjected to discrimination. 7. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint venturers or co-partners between the parties hereto or as constituting the CITY as the agent, representative or employee of the COUNTY for any purpose or in any manner whatsoever. Any and all personnel of CITY or other persons, while engaged in the performance of any activity under this Agreement, shall have no contractual relationship with the COUNTY and shall not be considered employees of the COUNTY and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the CITY, its officers, agents, CITY or employees shall in no way be the responsibility of the COUNTY, and CITY shall defend, indemnify and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any and all such claims regardless of any determination of any pertinent tribunal, (3) agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay and retirement benefits. 8. CITY agrees that it will defend, indemnify and hold the COUNTY, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all liability (statutory or otherwise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney's fees, witness fees and disbursements incurred in the defense thereof) resulting from or caused by the negligent or intentional acts or omissions of the CITY, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities provided by this Agreement. The CITY's liability shall be governed by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, including common law. 9. COUNTY agrees that it will defend, indemnify and hold the CITY, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all liability (statutory or otherwise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney's fees, witness fees and disbursements incurred in the defense thereof) resulting from or caused by the negligent or intentional acts or omissions of the COUNTY, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities provided by this Agreement. The COUNTY's liability shall be governed by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, including common law. (4) 10. The COUNTY shall endeavor to perform all services called for herein in an efficient manner. The sole and exclusive remedy for any breach of this Agreement by the COUNTY and for COUNTY's liability of any kind whatsoever, including but not limited to liability arising out of, resulting from or in any manner related to contract, tort, warranty, statute or otherwise, shall be limited to correcting diligently any deficiency in said services as is reasonably possible under the pertinent circumstances. 11. Neither party hereto shall be deemed to be in default of any provision of this Agreement, or for delay or failure in performance, resulting from causes beyond the reasonable control of such party, which causes shall include, but are not limited to, acts of God, labor disputes, acts of civil or military authority, fire, civil disturbance, changes in laws, ordinances or regulations which materially affect the provisions hereof, or any other causes beyond the parties' reasonable control. 12. This Agreement shall commence on August 1, 2016, and shall terminate on July 31, 2020. Either party may initiate an extension of this Agreement for a term of four (4) years by giving the other written notice of its intent to so extend prior to March 1, 2020. If the party who receives said notice of intent to extend gives written notice to the other party of its desire not to extend prior to, April 15, 2020 this Agreement shall terminate on July 31, 2020. Nothing herein shall preclude the parties, prior to the end of this Agreement, from agreeing to extend this contract for a term of four (4) years. Any extended term hereof shall be on the same terms and conditions set forth herein and shall commence on August 1, 2020. Either party may terminate this Agreement for "just cause" as determined by the Commissioner of Revenue after hearing for such a determination is held by the Commissioner of Revenue and which has been attended by representatives of COUNTY and CITY or which said (5) representatives had a reasonable opportunity to attend, provided that after such determination, any party desiring to cancel this Agreement may do so by giving the other party no less than 120 days' written notice. If the CITY should cancel this Agreement, as above provided, before the completion of the then current property assessment by the COUNTY, the CITY agrees to defend and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any liability that might ensue as a result of the non - completion of a property tax assessment. For the purpose of this Agreement, the term "just cause" shall mean the failure of any party hereto reasonably to perform a material responsibility arising hereunder. 13.A. In consideration of said assessment services, the CITY agrees to pay the COUNTY the sum of "Contract Dollar Amount" Thousand Dollars ($??,???) for each assessment, provided that any payment for the current year's assessment may be increased or decreased by that amount which exceeds or is less than the COUNTY's estimated cost of appraising new construction and new parcels for the current year's assessment. The amount of any increase or decrease shall be specified in the billing for the current year's assessment. 13.B. Regarding each assessment, in addition to being subject to adjustment in the above manner, said assessment cost of $??,??? may also be increased by the COUNTY if: (1) The COUNTY determines that any cost to the COUNTY in carrying out any aspect of this Agreement has increased, including but not limited to the following types of costs: new construction and new parcel appraisals, mileage Vie, postage, supplies, labor (including fringe benefits) and other types of costs, whether similar or dissimilar; and/or 2) The COUNTY reasonably determines that other costs should be included in the costs of assessment work. (6) If the COUNTY desires to increase the assessment cost pursuant to this paragraph 13(B), it shall give written notice thereof by June 15 of any year and such increase shall apply to the assessment for the calendar year next following the current calendar year. Any such notification shall specifically set forth the amount of any new construction and new parcel appraisal charges. Notwithstanding any provisions herein to the contrary, if any such increase, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, exceeds seven and one half percent (7.5%) of the amount charged for the assessment for the then current calendar year, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, the CITY may cancel this Agreement by giving to the COUNTY written notice thereof, provided that said cancellation notice must be received by the COUNTY not later than July 24 of the then current calendar year and said cancellation shall be effective no earlier than five (5) days after the receipt of said notice by the COUNTY and not later than July 31 of said next calendar year. Supportive records of the cost increase will be open to inspection by the CITY at such times as are mutually agreed upon by the COUNTY and CITY. Failure of the COUNTY to give the CITY a price -change notice by June 15 shall not preclude the COUNTY from giving CITY such notice after said date but prior to September 1 of any year, provided that if such price increase exceeds said ten (10%) - all as above set forth - the CITY may cancel this Agreement if the COUNTY receives notice thereof not later than thirty-nine (39) days from the date of receipt by the CITY of any said late price -change notice, provided further that any such cancellation shall be effective not earlier than five (5) days after COUNTY's receipt of said cancellation notice and not later than forty-six (46) days after the CITY's receipt of any said price -increase notice. (7) Payment for each assessment shall be made in the following manner: Approximately one-half (1/2) of the cost of an assessment (the amount payable being set forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than the fifteenth (15th) day of the December which precedes the pertinent assessment year; and the remaining portion of said cost (the amount payable being set forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than July 15 of the pertinent year. The COUNTY may bill the CITY after the aforesaid dates and in each such case, the CITY shall pay such bill within thirty (30) days after receipt thereof. 14. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: TO CITY: Mayor, City of "Name of City" ArlrlrPcc Address. MN XXXXX TO COUNTY: Hennepin County Administrator 2300A Government Center Minneapolis, MN 55487 copies to: County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 copies to: Assistant County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 (8) Any party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. 15. It is expressly understood that the obligations of the CITY under Paragraphs 7, 8, 11, and 12 hereof and the obligations of the CITY which, by their sense and context, are intended to survive the performance thereof by the CITY, shall so survive the completion of performance, termination or cancellation of this Agreement. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK (9) IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf, this day of , 2016. Reviewed by County Attorney's Office: Date: City organized under: COUNTY OF HENNEPIN STATE OF MINNESOTA By: Chair of the County Board And: Assistant/Deputy/County Administrator ATTEST: Deputy/Clerk of the County Board CITY OF "Name of Cites By: Its And: Its Statutory Option A Option B Charter (10) Contract No. A16XXXX EXHIBIT A CITY OF "Name of City Here" During the contract term, the County shall: 1. Physically inspect and revalue 20% of the real property, as required by law. 2. Physically inspect and value all new construction, additions and renovation. 3. Adjust estimated market values on those properties not physically inspected as deemed necessary per sales ratio analysis. 4. Prepare the initial assessment roll. 5. Print and mail valuation notices. 6. Respond to taxpayers regarding assessment or appraisal problems or inquiries. 7. Conduct valuation reviews prior to Board of Review or Open Book Meetings, as determined by the City — approximate dates: March through May 15. 8. Attend Board of Review or conduct Open Book Meeting. Prepare all necessary review appraisals. Approximate dates: April 1 — May 31. 9. Maintain an updated property file — current values, classification data and characteristic data. 10. Prepare divisions and combinations as required. 11. Administer the abatement process pursuant to Minn. Stat. §375.192. 12. Prepare appraisals; defend and/or negotiate all Tax Court cases. 2016 ASSESSMENT EST - X ORONO $0.00 Run Date., 061WI5 $290.00 $0.00 INDUSTRIAL - X $290.00 REYAL CYCLE I RESIDENTIAL PROPERTY TYPE # of PARCELS $21,024.00 PRICE I PP TOTAL YEARS ANNUAL BILLABLE TAXABLE PARCELS 292 $21,024.00 APARTMENT l NH 1 MHP 3 X $290.00 $870.00 COMMERCIAL 1 UTILITY 47 X $290.00 - $13,630.D0 INDUSTRIAL. 5 X $290.00 = $1,450.00 RESID 3,177 UNDER -199,999 400 X $72.00 $28,800.00 $678,811.00 200,000 - 399,999 769 X $110.00 $84,590.00 400,000 - 599,999 586 X $200.00 - $117,200.00 600,000 - 799,999 483 X $267.00 - $128,961.00 800,000 and Greater 939 X $340.00 $319.20.00 3,177 CONDOMINIUM UNIT - X, AC, AX 64 X $72.00 $3,888.00 GARAGE - XM - X $0.00 = $0.00 BLDG ON PERMA LEASE - Z - X $72.00 $0.00 FARM 33 X $136.00 = $4,488.00 LAND - All 456 X $30.00 - $13,680.00 CR 1 K 192 X $0.00 - $0.00 TOTAL TAXABLE PARCELS 3,967 $71,6,8117.00 1 5 $143,363.40 EXEMPT PARCELS ! - 326 X $35,00 = $11,375.00 1 6 = $1,895.83 TOTAL PARCELS IN MUNIC 4,292 OTHER CHARGES ADMINISTRATION FEE 5.0% of $143,363.40 $7,168.17 COURT PETITIONS X $1,000.00 = $0.00 $0.00 PAY 2012 $152,427.40 NEW CONSTRUCTION - PARCELS WITH IMPROVEMENT AMOUNTS ADDED APARTMENT - X $290.00 $0.00 COMMERCIAL - X $290.00 $0.00 INDUSTRIAL - X $290.00 $0.00 RESIDENTIAL 292 X $72.00 $21,024.00 FARM X $136.00 TOTAL NC PARCELS 292 $21,024.00 Cast per Parcel $40A1 $173,451.40 Assessing Service Costs 2016 Assessment Year Champlin $ 172,000 Crystal $ 158,000 Dayton $ 54,000 Golden Valley $ 236,000 Greenwood $ 18,000 Hanover $ 6,400 Hopkins $ 132,000 Independence $ 55,000 Loretto $ 6,300 Medicine Lake $ 7,300 Minnetrista $ 114,000 Mound $ 112,000 New Hope $ 127,000 Orono $ 172,000 Osseo $ 25,000 Richfield $ 280,000 Rockford $ 2,100 Rogers $ 124,000 Shorewood $ 117,000 Spring Park $ 18,000 St. Anthony $ 52,000 Hennepin County Assessing Historical Costs Estimated Actual 2008 124,000 124,544 2009 132,000 131,428 2010 136,000 131,332 2011 135,000 134,792 2012 137,000 139,636 2013 139,000 147,281 2014 152,000 150,190 2015 159,000 160,000 2016 172,000 Item No. 2 MEMORANDUM Council Work Session 4/25/16 To: Mayor & Council Jessica Loftus, City Administrator Coffey Farniok, Police chief Adam Edwards, City Engineer/Public Works Director From: Mike Gaffron, Senior Planner Date: April 21, 2016 Subject: Union Cemetery (1400 Wayzata Boulevard): Cemetery Road— Status & Options Attachments: A — Email from Liz Olson 3/11/16 B — Information Request from Debbie Lewis 3/11/16 C — Email from Brennan Greene (Owner of Birch's) 4/8/16 D — Hennepin County Plat Maps — 1962 and Current E — July 1953 Letter to W. L. Hursh from Town of Orono Attorney John S. Pillsbury F — Writ of Ouster 5/31/56 G — Orono Village Council Minutes - August 23, 1965 H — City of Orono Resolution #875 re Weight Limits — February 1978 I — Plat of Union Cemetery (1899) J — Plat of Wolf Pointe Woods (2000) K — Permanent Park & Trail Easement over Outlots C & D, Wolfe Pointe Woods L — County Auditor's Abbreviated Legal Description of Cemetery Parcel M — Summary of Ownership History Cemetery Road is a loop of public road roughly parallel with Wayzata Boulevard and providing vehicle access to the Union Cemetery, just west of Birch's. The City has received a request from the Union Cemetery Association, represented by Liz Olson, to assist in managing parking on the road by employees of Birch's. Specifically, the request is that Orono place and enforce `No Parking' signs along the north and south sides of the road. See Exhibit A. Additionally the city has received an email letter from Brennan Greene, the owner of Birch's, discussing the history of the parking issue and how they have been addressing it. See Exhibit B. The request is accompanied by a query as to what rights the Cemetery Association may have over the road, and who owns the road. Hennepin County maps have long indicated the road (formerly known as the Minneapolis and Watertown Road, the Watertown to Wayzata Road, or simply the Watertown Road) is the boundary between the cities of Long Lake and Orono. In an attempt to determine ownership of the road, we obtained County documents relating to the history of transfers of ownership of the cemetery property and the property to the immediate south (now Outlot D of Wolf Pointe Woods), with the intent to review legal descriptions (see Exhibit M). In addition we reviewed documents provided by the Cemetery Association and searched Orono City Council minutes. Page I of 4 Item No. 2 Based on a review of the ownership records, the Cemetery Association would appear to own the land north of the road east of the creek, as well as a smaller piece of land extending from the south side of the road to the lakeshore, between the centerline of the creek and the east line of Outlot C, Wolf Pointe Woods. It's unclear whether the Cemetery Association owns the north half of the road east of the creek. While their description in some documents includes the north half, in others it does not. In any event, the road was historically a public road and the City has generally defined its unplatted roads as the paved traveled area plus an additional 10 feet of shoulder for snow storage, etc. Wolf Pointe Woods Outlot D only extends to the south line of the Cemetery Road. Wolf Pointe Woods Outlot C encompasses the westerly 90' + of the Cemetery Road. See Exhibit J. Document 8781518 (4/19/2006) grants to the City of Long Lake a "permanent easement for public park and trailway purposes over, across, on and through all of Outlots C and D, Wolfe Pointe Woods". It is entirely unclear whether the referenced `trailway' means to include the traveled portion of Cemetery Road lying in Outlot C. See Exhibit K. City Ownership. Hennepin County maps (Exhibit D) have long shown the centerline of Cemetery Road as the boundary between the two cities, extending north into the lake along the east line of Outlot C, Wolf Pointe Woods. Additional documents shed some light (albeit dim) on City jurisdiction: In July 1953 Town of Orono Attorney John S. Pillsbury sent a letter to W. L. Hursh (property owner east of the Cemetery property) requesting that Hursh immediately remove the fence he had placed blocking the road, noting that "the Town advises me that without question it legally owns the road and has maintained the same for years". - In March 1955 the Village of Orono filed a "Writ of Quo Warranto" with regard to certain described properties. We might presume that as a function of the City of Orono's newly acquired status as a Village on January 1, 1955, the Village Council in March 1955 `demanded' that Long Lake prove its rights to certain lands possibly claimed by both cities or purely to determine for the record the boundaries between the two cities. "WRIT OF QUO WARRANTO" - Quo warranto (Medieval Latin for "by what warrant?') is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power (or 'franchise') they claim to hold. On May 31, 1956 the Minnesota Supreme Court issued a Writ of Ouster (Exhibit F) to Long Lake which stated that Long Lake officials are hereby "ousted from exercising any jurisdiction over the following tracts of land located in Hennepin County..." One of those tracts was listed as the Union Cemetery Tract, defined based on "the centerline of the Watertown Road, so called". The Writ of Ouster established that the City of Long Lake has no jurisdiction over the north half of Cemetery Road. On August 23, 1965 the Orono Village Council minutes include an item labeled PETITION FOR DETACHMENT — LONG LAKE CEMETERY ASSOCIATION. The minutes read: Schmitt moved, Franzel seconded, that the petition of Mr. Kenneth M. Bollum of Long Lake Cemetery Association be detached from the Village of Orono in Page 2 of 4 Item No. 2 order that the area might be annexed to the Village of Long Lake, be accepted. Motion, Ayes (5) — Nays (0). Is it correct to assume that the Long Lake Cemetery Association is the association that operates Union cemetery, or was this in relation to some other property??? There are no additional entries in Council minutes or City records that indicate an annexation actually occurred. It may be that the Council simply `accepted' the petition document from Bollum but took no formal action with regard to it. - The Hennepin County Auditor's description of the Cemetery parcel (Exhibit L) extends to the centerline of Watertown Road. For many years Cemetery Road has appeared on Orono's list of roads subject to spring weight restrictions, but does not appear on any CIP or other public works documents. The City of Orono has done minimal maintenance of the road through the years, including plowing snow from the road and filling the occasional pothole. CONCLUSIONS 1. The west 90 feet of Cemetery Road is within Outlot C of Wolf Pointe Woods, within the city limits of the City of Long Lake, and subject to a "park and trailway easement" that may or may not intend to provide public vehicular access over that portion of the road. 2. East of Outlot C, the Cemetery clearly owns the property north of the road, and west of the creek to Outlot C owns the entire road. East of the creek, the Cemetery Association may own to the centerline (it is abundantly unclear), but does not appear to own the south half of the road. 3. Wolf Pointe Woods HOA does not own the south half of the road, as the boundary of Outlot D is south of the road, the description of the platted property does not include the road, and the plat does not show the road nor dedicate it as public road. 4. The City of Orono's jurisdiction (i.e. city limits) based on the 1956 order is to the center of the road and not south of the centerline. 5. The City of Long Lake's jurisdiction based on all evidence found is to the center of the road and not north of the centerline. REQUEST BY CEMETERY ASSOCIATION The Cemetery Association requests that the City address the parking issue caused by Birch's employees parking along the road. At the same time the Association has inquired about the ownership of the road, and what rights the Association may have over it. Specifically: 1. Is Cemetery Road a private road maintained by Orono? It historically has been a public road. The south half of the road appears to not be privately owned, and is within the boundaries and jurisdiction of the City of Long Lake by all available evidence. 2. The north half of the road may or may not be public. It is within the jurisdictional boundary of Orono, but may be owned by the Cemetery Association. It is possible that absent Orono maintenance, the north half functions as a private road owned by the Cemetery Association. Page 3 of 4 Item No. 2 3. Can the Cemetery Association limit parking on the north half of the road? If the Orono City Council agrees to it, parking on the north half of the road can be limited. The City Council has established no parking areas where needed throughout the City. 4. Is the Cemetery liable for any incidents resulting from parking on the shoulder? This is an attorney or insurance person question. 5. Will Orono invest in improvements to the road bed? This is purely a City Council decision. The road is not on our CIP. Half the road is not within the City of Orono. FOR DISCUSSION - Council should consider whether the parking issue is one that Orono should address, given the relationship between the City of Long Lake and Birch's. - Council should consider whether Orono should work with Long Lake and the Cemetery Association to establish a clear policy as to who will maintain and police the road, perhaps regardless of land ownership or City boundaries. - An option to explore is whether Long Lake would accept the cemetery and the road as a friendly annexation to Long Lake. - For the time being, parking on the south side of the road, in Long Lake, may not be a real problem if the measures offered by Brennan Greene are working. In the long term, issues of erosion may suggest that that shoulder would require additional maintenance expenditures by whoever takes jurisdiction over it (or by Birch's?) Page 4 of 4 Mike Gaffron From: Jessica Loftus Sent: Monday, March 14, 2016 12:10 PM To: Mike Gaffron; Adam Edwards; Jeremy Barnhart; Correy Farniok Cc: Diane Tiegs Subject: FW: CEMETERY ROAD Attachments: WRIT OF OUSTER.pdf; ATT00001.htm; TOWN OF ORONO LETTER ATT00002. htm For our group discussion tomorrow... From: Lili McMillan Sent: Friday, March 11, 2016 4:19 PM To: Jessica Loftus <jloftus@ci.orono.mn.us> Subject: Fwd: CEMETERY ROAD July 30 1953.pdf; Hi Jessica, I was sort of anticipating another issue with the Union Cemetery and the Birch's parking situation. See Liz Olson's email below. I really don't know who owns what and found the attached documents to contain some interesting but incomplete history. Hopefully Mike G. has some background. I will let Liz know that our staff will look into this and I hope to have a response back to her by the end of next week. If you need me to stop up at city hall and meet on this I can next week. Lili Begin forwarded message: From: Liz Olson <I.zRIondonfoeeers.com> Date: March 11, 2016 at 12:12:24 PM CST To: <lmcmillan(@ci.orono.mn.us> Subject: CEMETERY ROAD Hi Lili I need your help regarding Cemetery Road. We originally agreed to let Birch's use the cemetery parking lot, but they were using 100% of the lot plus Cemetery Road, so we asked them to stop parking in the lot. Birch's employees are no longer parking in the cemetery lot, but are parking on the road. Jim Dillman is going to contact Orono about having No Parking signs installed on a portion of the road. I think there should be no parking along the south side, to better protect the eroding shoulder. I think there should be no parking on the north side near the entrance. We need the City of Orono to help us find the correct solution. One thing I do not quite understand is our rights as property owner. Certainly, we are allowed to restrict parking in the lot. What are our rights regarding the road? L "Is Cemetery Road a private road maintained by Orono? If this is a private road, do we have the authority to limit parking? • If they continue to park their cars on Cemetery Road and on the shoulder is the cemetery liable for any incident that may occur? • Employee parking, 20 cars, 5 days a week will result in long term damage to the road. Will Orono invest in the improvements to the roadbed? I have attached the Writ of Ouster. Strange document. Attached also is the letter from John Pillsbury about the road. Don't remember if I sent you those docs last fall or not. What can we do to protect the cemetery? We own the land. Why do we have to allow employee parking? Birch's has requested a parking variance to allow 350 seats. They currently have approval for 268. Much as I enjoy seeing Billy's reopened, the cemetery should not be used for overflow parking. What shall we do????? Liz Generaf Information Sheet Date: ' —Aime: _ Ji ^ A�' Counter ❑ Called Prop" Infoirmafiion 0-n Property Address: City, Zip Zoning Classification: Map Attached: 0 Yes No Contact Information Name: Home Phone: Cell Phone: Hca 4 - Email: Questf onS Handlo :j G : ❑ Yes I—] No ❑ Animal Regulations (Type: ) ❑ Building Permit (Type: ❑ Building Permit Status ❑ CUP Process ❑ Decks ❑ Demo orTeardown Process ❑ Escrow Questions or Escrow Refund ❑ Fence Regulations (_Lakeshore/_ Non LS) ❑ Other/Additional ❑ Hardcover Regulations ❑ Land Alterations (_ Minor / _ Major) ❑ Rebuild Questions ❑ Retaining Walls (____ < 4'/ _ > 4') ❑ Setbacks ❑ Stairway to Lake ❑ Subdivision Process ❑ Variance Application Process Other/Additional Questions & Staff's N CC4-eet-rS & faa wf �YW IL i VII '-' -4 y) eC er1 tCy,--L* 8 r -w AJA S -f Ck, V `� Hennepin County Property Map Date: 3111/2016 JL }r pA�1 k � ' I 1" • y� � r ...�M 1 inch= 200 feet -,r PARCEL ID: 3511823230001 OWNER NAME: Union Cemetery PARCELADDRESS: 1400 Wayzata Blvd W, Orono MN 55356 PROPERTY TYPE: Vacant Land -Residential HOMESTEAD: Non -Homestead PARCEL AREA: 6.46 acres, 281,491 sq ft ArT B: Abstract MARKET VALUE: $0 TAX TOTAL: $0.00 SALE PRICE: SALE DATA: SALE CODE: Comments: This data (1) is furnished AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes, Hennepin County shall not be liable fo r a ny damage, injury or loss resulting from this data. COPYRIGHT ® HENNEPIN COUNTY 2016 Mike Gaffron C From: Jessica Loftus Sent: Monday, April 11, 2016 9:22 PM To: Mike Gaffron Subject: FW: Cemetery Road For the worksession item -----Original Message ----- From: Lili McMillan Sent: Friday, April 08, 2016 4:16 PM To: Jessica Loftus <jloftus@ci.orono.mn.us> Subject: FW: Cemetery Road Lill McMillan Mayor • City of Orono, Minnesota 612-840-8484 NOTICE: This email is subject to the Minnesota Government Data Practices Act. It may be available to anyone making a request for it, and it may be included as part of the public record if it is directed to a matter before City Council. From: Brennan Greene [brennangreene@gmail.com] Sent: Friday, April 08, 20161:58 PM To: Lili McMillan Subject: Cemetery Road Hello Ms. Mcmillian, My name is Brennan Greene, I am a former resident of Orono and my parents still live on Partenwood Rd off of Tonkawa Rd. I am also the owner of Birch's on the Lake Brewhouse & Supperclub in the old Billy's Lighthouse location in Long Lake. We employ almost 100 people, many of whom are Orono residents, of which about 30 are in the building while we are open. When we opened this fall we were told by Union Cemetery, immediately to the west of us in Orono, that our employees would be allowed to park in their parking lot. This clearly did not work out, and the cemetery asked us to have our employees park on the frontage road between Hwy 112 and the cemetery. This situation seemed to work for a while, until the cemetery board informed us that by parking on both sides of the frontage road we were partially blocking the road. Taking this very seriously we immediately informed our staff to only park on the south side of the frontage road. For the past three weeks now we have been very vigilant in order to make sure our staff only parks on the one side of the road. This situation seems to be working, as we are not blocking the road at all. The cemetery still seems to be unhappy with this, however, and seem to be working to not allow us to even park on one side. Having our employees not park in our lot is critical to the success of our business, as we need every available spot in our lot for paying customers. The frontage road is now very passible, and has an existing shoulder on the south side that our employees park on. We are not damaging the road or the surrounding land, we are not hurting anyone or their property, nor are we blocking access for anyone to get in or out of the cemetery, or up and down the road. Our employees now know not to walk through the cemetery to get to work, and we have our valet pick up cars for them, or have them walk out in teams when they have to leave late at night for their own safety. We have been working with the funeral home in Long Lake and they will let us know if there are going to be any funerals coming up. On those days we will not have any of our staff parked on the frontage road. I understand you are working on trying to find out who owns the south side of this road in question. Please let us know when you find out. All we are asking for is a chance to speak before any kind of no parking signs are put in place. I am the owner, this is my first and only restaurant, I started it because ; wanted to make beer and only serve it over the bar. We are not some large developer or some national chain; we are a small independent business with many deep ties to this area. I have put everything I have into this business, and something like this could ruin us. Please give us a chance to state our case to whoever may be concerned, and please allow our employees to continue parking on the south side of this road. Thank you. Sincerely, Brennan Greene Brewmaster/Owner Birch's on the Lake Brewhouse & Supperclub 1310 West Wayzata Blvd Long Lake, MN 55356 Brennangreene@gmail.com<mailto:Brennangreene@gmaii.com> 314-910-7346 [https:Hdocs.google.com/uc?export=download&id=OB4q WMyDAfXrQcGEyb3RpdjZDSm8&revid=OB4gWMyDAfxrQbjZp Qkl6RGICbTNuQXIFVHUrTmdZTGNTQIBJPQ] tv z of toad fram 19WAi F701--phOto Kelley M z 4 0 � z 1 6000) �'�WrGIS ---- zaa — r�.�o7!]NfrG� IZf Ac — ZOO {i (q --4o2- �WM Cc). P,4r�W 2- 0 ----------- P"r VkAP 0"0 4(o U-11-1 CEMETERY GOVT L C/L OF ROAD FROM 1960II AERIAL PHOTO 6 (31 4 29 (2) (31 44 OUTLO D 0j. 39 200 ......... 200 ....... I- ......... ---- 39 -lei 88' 14' 7 4 4 t ------------ ---------------------- PLAT ul CITY OF ORONO L 8 NO 1159 d -WAYZATA BLVD W * 4 10 108057 ' 0 —( — q CITY F LONGE u5 Rz2O ion a T-20 N85 52"59'E t 20.S72.- rvf S' 14' T 1.1il, z 1 108.93 See* 141071W i,. w A To 10% to (38) (24) 3 adNpREs 27 (74) amz (73) (43)rA 100 42 NBS'14'O7'E 2 2 -J�A -D (63) 4;�." s (25) 0 -34.06 43 4 AD (42) 3 M41 (75) '52A m .:, (26) OL A 0*1 P, IDIOM 30) 41, (79) (27) 33-09 3A.73,w 1 9 OUTLOT 0 Au .6 (28) 4f4' 44 -W (44) 7Y "9 81(7 7) 'i I la I Lo L (7 cl R p R OF 1.9 0 (29) -wz,. .4 R -ft .93 (69) 12 Af 9 OL a (68) (31) Nr (71) 11 (67) ODe NO 38203'9 Ao 19 A c) _v7 ra 10 ' `L(k) FY;'@LEASON: ��REf(•H'. 3SITTB WEMPEL'L O.FFPO'it" sHAYN C""' LARSO". -... •.''. .-. ILEO HARP 4, CAN 0ER: �c%ARLES B.NRP bWA.':.,'•:'••.. EVERK" A.bI9A'NE'::.; -ARMIN M.JO'iiNaONL,:-: ROBERT J, CHRi3T7A4tlON DONALD L.ROMERTSON WRIGHT W.BROOFLS JOHN B. FAE®RE,J R, �fr+I JOHN 6. PILLS04i RY,J R..-r� J OIiN A. MCEACHRON,J R. ROPQER L, NORDBYE . EO. 0. MCCLINTOCR,JR, o EO R®E E,HARDINB JOHN 0.14 0 L EN R. CRANE WINTON,JR. C.ALAN CLNNINOHAN aoj July , 30, 1953 Mr- w. L. - Harsh I,(Mg Lake, Minnesota Dear Mr. Hursh: The Town Board of the Town of Orono reported to me a few days.-,." o that you had put a fence as a road block across the 'town, road which runs northerly. and easterly off of U.S. Highway No. 12 on the south shore of Long Take The road is one leading to a cemetery. The Town Board has asked me as'their attorney to request:thdt you remove the fencing obstructing the road immediately. The Town advises me that without question it legally owns the road and has maintained the same for many years. . If you have any reason to believe that the position Of the Town is wrong, I trust you will advise tete aA of course, be willing to investigate any basis youmightill� have for a claim to the road. JSP/dd very truly yours e i ' `L(k) FY;'@LEASON: ��REf(•H'. 3SITTB WEMPEL'L O.FFPO'it" sHAYN C""' LARSO". -... •.''. .-. ILEO HARP 4, CAN 0ER: �c%ARLES B.NRP bWA.':.,'•:'••.. EVERK" A.bI9A'NE'::.; -ARMIN M.JO'iiNaONL,:-: ROBERT J, CHRi3T7A4tlON DONALD L.ROMERTSON WRIGHT W.BROOFLS JOHN B. FAE®RE,J R, �fr+I JOHN 6. PILLS04i RY,J R..-r� J OIiN A. MCEACHRON,J R. ROPQER L, NORDBYE . EO. 0. MCCLINTOCR,JR, o EO R®E E,HARDINB JOHN 0.14 0 L EN R. CRANE WINTON,JR. C.ALAN CLNNINOHAN aoj July , 30, 1953 Mr- w. L. - Harsh I,(Mg Lake, Minnesota Dear Mr. Hursh: The Town Board of the Town of Orono reported to me a few days.-,." o that you had put a fence as a road block across the 'town, road which runs northerly. and easterly off of U.S. Highway No. 12 on the south shore of Long Take The road is one leading to a cemetery. The Town Board has asked me as'their attorney to request:thdt you remove the fencing obstructing the road immediately. The Town advises me that without question it legally owns the road and has maintained the same for many years. . If you have any reason to believe that the position Of the Town is wrong, I trust you will advise tete aA of course, be willing to investigate any basis youmightill� have for a claim to the road. JSP/dd very truly yours u'J4`' `V,wf' ,� 1' 4' U'a:C J:+iT%.%p/LIV��'�Q�wl9�j�F,L:• .\:' - :•.f �e `•T�R•,.',r_4r i. y:. e.,-, t:K:.1:4 20 s i's'•' ' Man Ram*) rozi;T,he SFA af.OE A OURT _v �'1 r-1•: r,:i.:f:.A,'. ..Rh-• ._y,�: _ �S .�,,�F T.F. State'ot' Minneoaa:oxs'the of ther1ii11 a of ti relatianrS�-,ti.:;'::" f;s Oroia.: ,. : ARM Rol atar� ' i��`S'-1 •it��• .y.E.. iJ.. ~ - e: :S4iti^', �k7 �a�I ' •f �'. , y. `� •,_`::, ,]. ;.�r:�'•-' �.r'Y,r�'s.l�'��SC�as:+;i.:+xt>,+J''�.,_ �•. ..r:_ i','}w''�.'•p''Yti y;.. 1L V1138ge oi`" `.Za'se,• ;.jL; 4 ,., i`i:: 4• r •S �' IV OF? •`'. r- •-7 Sys :.-v'.•' ••r '.1`i�.••.. '-4�':' ,,`}._ +� ?,'t:' �•F ..' THE tA%W.63i,MjO'A' TO TIS VirLAGa p - .:.•. ;: r;:�'. �-,., ';j7'FF�{{Qb /•� :77���/�..: .■.��., �}��y 7�*�'v yY��,. /�� 6/y�SF' IASL �:'TI d MINW-:S D� ITS COUNG� AND ITu�•.M41fi E7,EO D•08 AVi i7�,,_:i: 1'. °�:�� �;: -1.: •y .` -.t': �:"''g•��.F ir:.. ' •; , a. {o. . , �+14i 1 b'BA IOZA.LIM i • _ '. upon aoneidiiation f h • ,.: 1 pP 216 Writ 'af QUO Wartianta �iaro9 a. 'aii flu .Ma?' 55;.hicPi ' ?9, ?9 o y have !`made re$ur ,"end .r phis sour�t hatIng _�:.. `... :-. • ;.: • on4.j`r 195 - riled' its ' Order `. , .. e ' ,.:.., .::_ -- . `` :,: •. at iririv;r Ouster i$[�Lie • ''. -t ] .: , j:: ti : ' _ ::tr' :1 _ �. F, .', �'t%' '': � '°' ii' �: NPW UMFO . •r!7 Out t11� . Village O Y + _5- : • ;. !?.th0 memioersoP yo~C.oiuiei3,:yarid:. ;.:�..:'.;• ''.'.._:.; _.. _ flux - ..::. ...;.:.y:.,._.,; ti •.....>.,::�:_-' ,:' :';..,-� :f - . Y ui eZeatei� ; or• aatitig oP dais 8a!e. . Ousted frons r - '_ : ,; ;.:.1; f: � .'':: � ..:': _ :•�.-� ._ •. ,•:....;• .; :.:.... -_ . :-. .�.•;� . exerQj-sing any J,6 9.jj iio'�ion "" ovor tliys following treat® oP land located In Hennepin County, Minnesota sxlcl 'uh3ch are re to :valla Order. off'' the COLSrt '88 +,++•e.'ra: -tr,'.iw �}s: _ c}.': ;r u.. �„!�'=4':� :fit?s .y,;Y.l't;'� -F, 'r.t•i . 8e 118, gat $ point iii 'the i,�at 13•xte-AP;'the: c arx�N •moi' e3A •distant_620. -raet'.ijcutt'.o# CC the' + a�dR3®aA : 35; -Which ' ointil is, the � n point.oS ba'inni « treat hereinter. to=•fie daeazibe,= thesiee ; 6auth a3 0 ^. Said, west, liras .'of the. Mik 'to- t1ia"riosthwest"_cor»®r ; of 'the �Yi 4 of said I , thence 6n8` &,,,. `]ane , ne Of'the' AWk t6 'the northeast- the n theme, South- along •,.ths east'�,t3i F .d#' T�' ;_ _ Ther. gp�a:'heast : cox•ee cP •ead •:: ef•t1#s. : tQ r•°P, said'"ai';#s , Vhenca-.bou ;':.','• ' - - -a onS e --east `�.iae• or -'thl - t ib. �= th : We tlae- artherly :]fi rie -C►P°.: th ' r� r#jq,mp�-i.$�oP he" Ii r risco a tez?n" 39pPay<.0 YS'.tIiexioe Bo thsgestes�ly';Ea0, aaid'.'.'='`;'.:*•;::::''_`~; r�flrthgrly :lin3 q,oP said • railroad':- If - rigiit o- Dta�r..'to of 'infceraeot3.on •Yrlth 'ch® eetatsr;3.ine o`r', Hi "thenaa:;rxartharaat@rl slot' Sh?ray' i1de-`-i ; 'J �g said aenCer lina:to.a. pant •t5, Peet tvest- of, the. east - l::n�i o� 'i�bvornnierit # jsz ,Sea. ft_' 11$; R. 23, thence North paxa3,ie1` to said east lit?Q., t the 'Shorn • of. L 3�,F�,� Q vzxg' Fa(4ce; 'tYteha@ 'nortneaoerly :,and:: north'Qrl; j, . along tl ,shore at' said Long 1MX0 to fait intersobti6h 13no dravm vesterly frau' the point. of be inxti Frith . and at FSht angle from the west line of tete 33tiT oP thenc saifl Sea. 36; _ ; � east Ctlong said r&3.in more. or an€5] a Peet, es�r; T?;�•, ,,:_�;y:�.. ,�%-::rye.il. :.l..�i,"s,r _- :ti - i,�:r•r:�i,•r.i:`rnh-,r:;`_rd,.:';;.:. Itr 'ti: - •' j' 4f}: j':'-`.r�i,' T.. ;.4"rn,ly,:",.d.,::. �e'.'r'xa: "..!"�w�xt,-L •'i 4� �: �-f's.. f ::e.--r'-.°dvi:r�e 9;.z5 ,.1W.- ¢i .-' . 1!s"•: � ,'t , ! ".te-,'F4 y C! •' .—.i'��Si`f: r`s:.� a+ - E, +}• , "4vnw.' N ::Y . ".. • x�' e. s _.. r"� '�r'ax� rCziL�R� ..-�ab•�'��'i$L _vP..[N.. '-z'�i•E _=�YJ.:A',: d'F�1:i�r-�r.l� r." �1_�Y F 2—%—�f 1t. 5ve '. w p �j 1" V� V to the point of beginning, exeepti.ng however therefrom the following described land being in the V12 of said Sec. 36: Besinriing at the point of'intersectior, of the east line of the 74 of the St4J of said Section, with the northerly line,of the Electric Short•Line Railway; thence northerly' along the east line of said WJ of said S*, a distance of 211.46 feet to the center line of County Road No; 2� thence westerly deflecting to the left 'ht an angle Of -93u211 along'said center lin a distanop of 329.8 feet; th=06 Westerly along a tangential curve to the night with a radius of $75.2 feet a distenco% of 104.53 feat, along the center line .of saki road] thence southerly in a straight line a distance of 258.9 feet to a point on the northerly .right of way line of said Railway, distant 471.94 feat westerly of, Measured along said railvray right of way line,. i`rom the point of beginning; thence easterly along said railway .right of way to the point of beginning. 'Pratt !'a-2'r11a-2'r That part of the West Half of'the'Southwest Quarter of Section Thirty -sax (36 ,.Township One Hundred Eighteen (118), Range Twenty-three (23 , described as follows Beginning at the point Of'intersection -of the East line of the West Half of -the Sou't'hwest Qusrter of said Section, with the northerly lane of the Electric Short Line Railway, -also known as the Minnesota and Western Railway, thence northerly along the East Brie of said West Half of said Southwest Quarter a'. distance of 211.46 feet to the center line of County Road 27; thence westerly deflecting to the ,left at an angle of ninety -throe (93) degreestwen,ty�-one (21) minutes along said .'-oentgr linea.distanee of 329.8 feet; -thence westerly along a tangentlal curve to the right, with a radius of 475.2 feet a distance of 104.53 feet, along the center line of said ' road;'thane southerly in a Atraight line a distance of 258.9 feet to a point, on the northerly right of way'llne of said RaUvay, distant '471.94 feet Wistarly of ,• mehsured along said railway right of way line, from the point of beginning; thence easterly along said railway right of Way to the point of beginning. .TraO_�!!C-3"-3" The Southeastr36 ter of the Northwest Quarter of Section Thirty-six, Township One Hundred Eighteen (118), Range Twenty-three , and ell of the Wortheast Quarter of the Southwest Quarter of said Section Thirby-oix=(36) lying north of the right of way of the Hiinnesota and Western Raillgay Company, subject to:easements, for roads. . Union Cemetery Tract � - -- - Beginning at a point in the center -line of 'hunk 7< Highway No. 12 one thousand feet West of the 4st line of governkent lot three (3) in section thirty -rive (35), township one hundred eightearx (118), range twenty-threo (23?, thence westerly along said GUtar-+kine to the ftst lin! cf said lot tbroo (3), t4snee North on said lira to the center -line of the Watertown Road, so-called thonoe westerly along said center-line,to a point four t4) rads Meat of the center -line of the out -lot of the lake known s� D( 4 \0 C,,\..- 1 a( 0 y b D� � A :i to the point of beginning, exeepti.ng however therefrom the following described land being in the V12 of said Sec. 36: Besinriing at the point of'intersectior, of the east line of the 74 of the St4J of said Section, with the northerly line,of the Electric Short•Line Railway; thence northerly' along the east line of said WJ of said S*, a distance of 211.46 feet to the center line of County Road No; 2� thence westerly deflecting to the left 'ht an angle Of -93u211 along'said center lin a distanop of 329.8 feet; th=06 Westerly along a tangential curve to the night with a radius of $75.2 feet a distenco% of 104.53 feat, along the center line .of saki road] thence southerly in a straight line a distance of 258.9 feet to a point on the northerly .right of way line of said Railway, distant 471.94 feat westerly of, Measured along said railvray right of way line,. i`rom the point of beginning; thence easterly along said railway .right of way to the point of beginning. 'Pratt !'a-2'r11a-2'r That part of the West Half of'the'Southwest Quarter of Section Thirty -sax (36 ,.Township One Hundred Eighteen (118), Range Twenty-three (23 , described as follows Beginning at the point Of'intersection -of the East line of the West Half of -the Sou't'hwest Qusrter of said Section, with the northerly lane of the Electric Short Line Railway, -also known as the Minnesota and Western Railway, thence northerly along the East Brie of said West Half of said Southwest Quarter a'. distance of 211.46 feet to the center line of County Road 27; thence westerly deflecting to the ,left at an angle of ninety -throe (93) degreestwen,ty�-one (21) minutes along said .'-oentgr linea.distanee of 329.8 feet; -thence westerly along a tangentlal curve to the right, with a radius of 475.2 feet a distance of 104.53 feet, along the center line of said ' road;'thane southerly in a Atraight line a distance of 258.9 feet to a point, on the northerly right of way'llne of said RaUvay, distant '471.94 feet Wistarly of ,• mehsured along said railway right of way line, from the point of beginning; thence easterly along said railway right of Way to the point of beginning. .TraO_�!!C-3"-3" The Southeastr36 ter of the Northwest Quarter of Section Thirty-six, Township One Hundred Eighteen (118), Range Twenty-three , and ell of the Wortheast Quarter of the Southwest Quarter of said Section Thirby-oix=(36) lying north of the right of way of the Hiinnesota and Western Raillgay Company, subject to:easements, for roads. . Union Cemetery Tract � - -- - Beginning at a point in the center -line of 'hunk 7< Highway No. 12 one thousand feet West of the 4st line of governkent lot three (3) in section thirty -rive (35), township one hundred eightearx (118), range twenty-threo (23?, thence westerly along said GUtar-+kine to the ftst lin! cf said lot tbroo (3), t4snee North on said lira to the center -line of the Watertown Road, so-called thonoe westerly along said center-line,to a point four t4) rads Meat of the center -line of the out -lot of the lake known s� D( 4 \0 C,,\..- 1 a( 0 y b D� � A .5.,-•?i.'��: -,e'. �a'�S3ii"'-.'�.`.7ue.•'•'F'�7 n�r sn..'.Y':�P.7 ••�'4.:�•�l1 �!��:,T'i'.k$jr�'i':''s� CS,S .. ...}w-..., ,:..'w :_ .. .:: Yy ;—' usn;, lm:ej th* m ?br:h to th- a chore Of Dald 1"'_:e; �alt?i:4,? 7ii7«�'3rh Givllx s =4 CEiOtOK-11 0,10A-ef, i-Zd = VIO ' &suth 6'frrme Or #1 Inim to a PaAnt 0: no VILLAGE OF ORONO eting of the Village Councils august 23, The Village Council met oil following members present: Searles, Fran -el, Schmitt the above date with the Layor Rosa, Trustees and Bagley, moved, Frenzel seconded, that Resolution Resolution Appointing A Trustee to fill Created by Resignation of C. G. Ireys, be a Iotion, Ayes (4) - N. ys (0). The 11:ayor administered the Oath of Office of Trustee to Ralph C. Bagley. The ,,Iayor announced that this was the tine and the place for a. Public IIe^ring on a Permanent Special Use Permit for Ski TorjJ- a. The Clerk read.. the Notice of Public Hearing and presented affidavit of ,publication of said notice. The Hayor asked if there vias anyone present ,-fishing to be heard on the matter. 1-fter all membero of the public present were afforded an opportunity to be heard the hearing <as closed. . Searles moved, Schmitt of the regular meeting approved. i-i.otiorn, Ayes seconded, that the minutes of August 9; :1.965 be (4) - Nays (0) Schmitt moved, Frrnzel seconfed, that the petition of Mr. Kenneth 1Z. Bollum of Long Lake Cemetary Association req-estin-- that the parcel of ground oimed by the Long Lake C:r:. etary Association be detache6 fr: m the Vi lage of Orono in order that the area r.fd ght be annexed to the Village of Longi; Lake, be accepted. Kotion, Ayes (5) - i;'ays ;(}?. Searles moved, c''.mitt seconded, that the petition of x,.r. R. A. 1�aurer of Donreed Properties, Inc. requesting; that a three acre tract of land ocmed by the Lyman Lumber Company be detached. from the Village of Orono in order that the area ni ht be annexed to the Villa -e of Long Lahey be accepted. Idotion, Ayes (57 - Nays (0) . Searles Moved, Franzel seconded, that the TjoN Land Fall Permit request of Vincent Johnson be approved subject to the recommendations of the Villae Engineer and Administrator. Motion, Ayes - Nays (0). Schmitt moved, Searles Fill Fermat request of approved. i:Iotion, Ayes seconded, that the Land Douglas E. ."nderson 'je ( 5) - Hays (0) 7:30 P,11. 2SOLUTION j,�111 .APYOINTIMNT TRM OATH OF OFFICE R. C. BAGLEY PUBLIC HEADING SKI TOIITKA 1111NU TL S R: IGULAR TING PETITION FOR ,T.� LONG LAK --1'G ,: ASS')CIATION PETITIOY FOR DETACHIZNT - LY's :A N LU::U M CO, L0',: LAM FILL P Vi JC-'TTT JOHNSON LAND FILL YT:RIy_T! DOUGLAS E. AITDA rj RESOLUTION # 875 A RESOLUTION DESIGNATING AXLE WEIGHT LIMITS ON CITY STREETS The City of Orono ordains that axle weight limits are restricted on the following streets in the City of Orono from March 15, 1978 through May 15, 1978. Refuse collection vehicles shall be operated in accordance with regulations as provided in Ordinance #114, 66.080 which states: (1) No refuse collection vehicle shall be operated during the seasonal restriction time where the gross weight on any single axle exceeds 11.,000 pounds; and (2) No vehicles shall be operated upon any city road at any time where special posting speci- fically prohibits refuse collection vehicles. The following streets are limited to five -ton axle limits: Arbor Street Baldur Park Road Barrett Avenue Byaview Place Bederwood Drive Birch Lane Blaine Avenue Bohn's Point Lane Bohn i s Point Road Border Avenue Brackett's Point Ro Briar Street Brown Road, North Carman Road Carman Street Caroline Avenue Casco Avenue Casco Circle Casco Point Road Central Avenue Cherry Avenue Cherry Place Chevy -Chase Drive Chippewa Lane Concordia Street Corral Road Country Club RobLd Crestview Avenue Crystal Avenue Crystal Bay Road Crystal Place Cygnet Fla ce Dahl Road Dakota Avenue Dickenson Street Dickenson Street Al Dunwoody Avenue East Lake Street East Long Lake Road Eileen Street Elm Lane Elm Street Elmwood Avenue Ethel Avenue Fagerness Point Road. Fairview Cottage Farview Lane Ferndale Green Forest Arms Lane Forest Lake Drive ad Forest Lake Landing Fox Ridge Road Fox Street (S. Brown to Orono Orchard) Fox Street (S. Brown to Willow Drive) Fox Street (484 to Willow Drive) Frederick Street Glendale Avenue Grandview Avenue Hackberry Hill Hanlon Avenue Heritage Drive Heritage Lane High Lane Highwood Road Hunter Drive Ivy Place Keene Avenue Selly Avenue Kenwood Way Lakeview Avenue Lakeview Terrace Leaf Street lays Lilac Lane Linden Avenue Linden Lane Livingston Avenue Loma Linda Avenue Long Lake Boulevard Long Lake Union Cemetery Road Lydiard Avenue Lydiard Circle Lyman Avenue Lyric Avenue Maple Lane Maple Place Mapleridge Lane Minnetonka Avenue Minnetonka Highlands Minnie Avenue Myrtlewood Road Navarre Avenue Navarre Lane North Arm Drive North Arm Lane North Ferndale Road Northern Avenue Oak Street Old Beach Road Old Long Lake Road Olive Avenue Orchard Beach Place Orchard Park Road Orono Lane Orono Orchard Road Orono Town Line Road' Park Avenue Park Drive Park Lane Partenwood Drive Partenwood Lane Pheasant Lawn Road Prospect Avenue Railroad Avenue Rest Point Circle Rest Point Lane Rest Point Road n'ie�► 11 Page -2- Continuation of five -ton axle limit streets: Russell Avenue Scotch Pine Tie Shevlin Drive Smith Avenue Spring Hill Road Spruce Place Starkey Road Stubbs Bay Road Tamarack Drive Togo Road Tonka Avenue Tonkaview Lane Turnham Road Vine Place Watertown Road Webb Street Webber Hills Drive West Ferndale Road West Lafayette Road West Lake Street Wildhurst Trail Willow Drive (Highway #12 to Sixth Avenue) Willow Drive (Sixth Avenue to Medina City limits) Willow Drive (From South Brown Road to Fox Street) Willowbrook Road Windjammer Lane Woodhill Avenue The following roads are nine -ton axle limit: Old Crystal Bay Road Willow Drive (From Watertown Road to Long Lake) Willow Drive (From Fox Street to Watertown Road) The following bridges are limited to 15 -ton gross: Willow Drive Old Crystal Bay Road Adopted by the City.�Couneil of the City of Orono, Minnesota at a regular meeting held February 9. 1978• Attest /4'..O W. R. Be on, Administrator m 0 7. MINOR U UN�UN CEMETERY IRFIVISEM f+�ENNEP/N CO. IM/NN. .0"Z, -An1aw,L G6GWEGOG@Q@GQ� ��GGQ �AG�@ �GGG �a@@@dCEG6G ����O��G�GG� �G�GG GGA@GCCGGG@ x .� ✓! w.r i. Mna yy....�.....aabb �1.+ i!. 71Li..� 65.x.1 -^r .1Go-ad..h+Yr `:.l:..-.�+-+1y � i.Jo �.y.�..�•-t'� t .Hfw....r4 .� R y,..r..l..... +'r i aeF.FIMr+�+ _ j i�++u7. l�J�r. c6e..� %✓wC....y.....�.w.4 .-..�. iI.J ..id I OVA � r. ��.¢✓..�� � xwr•.x^a"D �wi..•r..a�.+�c4-r:..�:r ,...o,a-....w ..�.�..w..µ �-.-�y .�j �•h �'�' .,a#...•r� .s. �.r.....�.r-.,� » .:...�-.....+r�....w � ..rs ec. a- as. -.++y .rw+.n.�+c.�-a�.w.� _....�.a csw • .fw....lx CsrrAlc. .r e....,...r�.sdp: ^.at..: �C.-...n..� �Ir..a..a .�.�.�.... c^. r• .".met ..,. .¢....t r. mus :� �•� f-.` .s. .lyep �� C.�.a ♦w..ri..w.e t...�s.e 1� �.s .,�.. e..-r..r s.� .-.a..._`.-..-..R..r...�.e wc��-.+rsa� �a �// +.n.� s.c. �ac.ia+7f �+ C.J.ralwP� i a y2�t� c lal•Sa r O'co r t4•So '611.96 l9.50 34-50 Der.5a Fl12 t. PLAT WOLF POINTE WOODS KNOW ILL MEN BY THESE PRESENTS: That Alfred J. Bata. a single person, fee owner of the following described property situated in the County of Hennepin, State of Mklrremto to wlt: That part of Government Lal 2, Seclwn 35. Township 119. Rage 23, described as follows: Commencing at the intersection of the Northerly line of the Great Northern Fdrood tight of way and Fast line of Government LAt 2: thence North along the Fast Ilne of raid Lot 2 to the South line of Watertown Road: thenar Westerly along cold South One to a point 4 rode West from bre canlegins of the Outlet of Long Lake mmsured dung said South Ons: thence North to edrora of said lake: thence Westerly a'—Bald shorelkre to the East I"ne of the West SM feet of Government nc Lot 2; thee South along said East One to centarline of hOghwa Ito. 12: thence East along Center of said highway to its Intereeethm with centerltm of Long Lake Creek; thence Southerly along centerline of said Creek to Northerly fine of Great Northern Railroad right of way. thence Southeasterly along said Wght-of-wgy One flys beginning. AND The registered portion beteg; Thot part of Government Lot 3, Section 35. Township 119. Range 23. described as l>�ing at the [o South 0,ien of the canter line of U.S. Highway No. 12 with the East One of mid Lot thence South along said East line and It extension to the Northerly One of the right-of-way of the Creat Northern Rbi[woy Cwnparry os said right-of-way is located; thence WrthwesteHy a[nng sold right -d -way rine to the Wast Ilse of said Lot 3: thence North along said West gyre to the ceeN,er One of sari U.S. Highway No. 12: thence Edstary otong sold center line to the point of beginning, which Ona West of Late 1 to 7 inclusive, Block 3. OUNBRACK HEIGHTS, aecardl% to the CaNernment Survey Ihefeof; escepk that part embraced In Registered Land Survey No. 1159, Flies of Registrar of Ti11es, County of Hennepin. Hos caused the some to be surveyed and platted in WOLF POINTE WOODS and does hereby donate and dedicate to the public for public use forever the boulevard and eesement% for drainoge and utility purposes any as; shown on the plat. In� wit whereof add Alfred J. Bates, a single person, fee owner, has hereunto set his hand this day ofAtc, 2000. rj SICyIM ALFRED BATES BY GIF AL J. EVES, o single person STATE OF MINNESOTA COUNTY OF HMNEPIN The foregoing instrument was acknowledged before me this�aiday of 200D by Alfred J. Bates, o single parson, fee owner. 4 JQ'IYyi.YJIKMiLTt�ON V. noalaglllG��a4 FLoi�ruric, Ha n Caur�y nneeeta yu es as. s.z 1 My Comrrdinium FxpFrer , . A -C 1 he" certify that I haw surveyed and platted the property described an this plot as WOV POINTE t1OUDS; that this plat to a corract wpnesurtatlon aid sasurvW. that 430 distances are correctly shown m the plot in fast and hundredths of a fact; that of monuments have been correctly placed in the ground as shown on the plot: and that the outside boundary imea on correctly designated on the plat. Theodore D. Killmnis Land Survryar Mlnrn:;.ota Llceree, him 17006 STATE OF MINNFSWA Ak COU=0F N EPIN The foregoing a "eyor's oert0icgte was acknowledged before me this �_ day of , 2000, by Thaodors 0. Rnnna. {and Surveyor. r� f 9AVID S. TOFiNF•B eorwwnrex-Aaelwoan ^,-->,Y ur�.,cwFAnal•lvts Notary Pu k. Hennepin County, M"nneeata My Commission Expires January 31, 2005 IIt CSAT[F,CATE No - . . IANC LAKE, MINNESOTA This plat of WOLF POINTE WOWS was approved and .Wepted by City Coundl of the City of Lang Laker, Minnesota, at a regular meeting thereof, held this �— day of 2000. If applicable, the written conui.ots and recommendations of the Cammlesioner of Transporlallan and the County tfghwgr Engineer have been received by the City or the prescribed 30 day period hos alopeed without receipt of audi COMITIfi m and reCOMMOr II&M, as provided by Minnesota Stetulem Section 50543. Subdivision 2. CITY Comm OF THE CITY OF LONG LAKE, MINNESOTA By T,u Mayor Ry ...ffif�4✓�6f_ Clark TAXPAYER SERVICES DEPARTMENT, Hennepin County. Minnesota certify th loses d2W620M and prior years have been pad for land described on we this -d this ay PaUkk H. O'Connor. Homapin County Auditor By ,T 42 x -,,iii.✓_ RaLa�� imputy SURVEY ONLSION, Herimpin County, Minnesota / Pursuant to Minn. STAT Sec 3838.565 (1989). this plot hos boon approved this _IL _-.]qday of —%qMnM4W. Gary F Caswell, Hennepin County Surveyor By +'++ REGISTRAR OF T[TI.ES. Hennepin County, Minnenato I ereby certify Itball the within plot of WOLF POINTE WODQS was fled in this office this day of SMItIMMSM. 200% at 16L: awack A&AL Michael H. Cunaw. REGISTRAR OF TfTLES By Deputy COUNTY RECORDER, Hennepin Cmmty, AiInnomtd I berepyCertify that the within prof of WOLi' pOptTE WW was flied in this office this d of tow. at 1'89 o aleck M. ildclrael H. CumIH. County Recorder vel"16_ . Deputy SCHOELL S IMADSON, INC. ENGINEERS is SURVEYORS * PLANNERS SOIL 'TESTING * ENVIRONMENTAL SERVICES SHEET 1 OF 2 SHEE --j—r"jt. b OFFICIAL PLAT WOLF POINTE WOODS /` i4rir 5.47-t51" gii•;L yg. ,=122.44 V � }'��' ,�e j � pgh,17 1. 3gs•QO E�2'7�• � °1' L�° % `7-� � � lam• 6$ ^•'�4p• tp 1,50 w , of UMLlf OUTLOT\ p �.'. ar ME"A"D :sr- 188`15.4$' E 4• _- qq�r� s 5$18'49• w _ - 60.29 �t'=n .• . 94.83 '- --' �• N HFf,�'0 E w. O N —_ � • � • , yp � -• ^ • f ~ _SD' — __ - - � � .- r.- r.(pulERlleE Oi uS etpatx tKl fY /E ti� Y O e$,iv !2�. iii AS TMQUa '� WAYZATA BOULEVARD WEST z t� '}. N e 810.42'0-E t — : td Sri 4 of E 292.23 _ - o i x BB 14 a7 E azta7 — i tisk P WAYZATA '. -tn 3 Wi4•o W 27x.61 no,•,PSYE 4i•P�41 iTt t_ -'• `- df � rl0nlea' tla �: so.a7 WAYZ4TA BOULEVARD wEsr � t2• z � �� - '•Sv ;'' : f7 Fi inn s t1a14•oT W , • - s6e'14'l,Y x 254."4 w W- _ �ltK' • • __�mEY LINE: 497.081 1011,11 _ 1pL93 - - _. _ _ _a - - "- - - 50.77 • -• i�10 - 3 u tax ,44 29.5 1- �aii� G4s� an2�33.4i s # !h I o U 4 f In $ "' �,�6 .. � h � � i• Imo• ice'• Z s 't ,„v .`=d,� < �> i [I-3 }�`I . �}aF9� 1 1 S !�a14or E, 48 1 � d r �F-f \ ♦Y oQ -=-80 u N `,`pe6' , � � _}'e A ' ` ''�•” � ,pf �" ' �' �� � `'�• e \ � � `,�� � ! till � oa S o/_ _ o .g •-�� � }�r��` = I� � � � ; `•�. r, ti ±r. ♦ I� I i r� �} `u, . I v r l N r s• y+y . ry xtr 5 I n ~ R.T. DOC, NO. V 06 rJ sz�G � G�A,IYaGt.I,l��•' � ,� a � \ �{' cn - � a Y,�a t� V,`• � g5'd3 •� vy x \ �s�> I H9r22�i�`.. fr•,. S 1.�ei 10 '$r , . r _ I w I� 32.78 r i 4'■ 8 4.' � �`7'" D ♦ �■aS fi� i � � � �+�, ,.� ; \ V 4 yrs t \� c .^9r ur! � c>r tom ' t=om•8,t ��� �° F _ 1 '€ /a �'W 3 ate/i�-w�ri sor J9icA $ff' I -d *r� \` L� `6■M1 ��4I �lZ { �v`•�e�r �.�.-' `��� IIEYLwu Ig Y n MOP QUTLOT B bi 4 fi I 03 '1 `, ^ � _��!„�.�� mfr „�".64]'�b �8' •_ +� h�j. �E1.'1` Oroirtaga Ped Wilily Easements aro Cr j r �sf y 7y Or •9c, NU -` r �yif'hjr , <♦ > 1ti � ` � � 2r I 10 ass a fio tea tea i 1 I r e -- Denotes feund nEaaurrreat 1L� �' l d - Ornoter 1 2-intlr : 14 -inch sok iron a marked E - ,�>. H �__J__ / pip Lierrrsr 17006. S=4 in Feet b7 ; `1�� �tit,j�_•�`+ • 2 `_ /� I N0 SPACE I Bearings shown are based on the r;mt fine of Ooet Lot 2. Section 35. TOM R.23 havingan aemrmed SCHOELL & MA SON, INC. Being 10 flat width and adjuring bearing of NO7'12'57'E. r3gM••of-way Knee unless otherwise R+ 4 r ENGINEERS *, SURVEYORS* PLANNERS ndhcvted, and 4ak+g 5 fees ]n w3dkh Benchmwk: Tap Nut ilydrvnt 93 feet northwest ah ; �� �•, 4 and vd)atninq IPI fines, untas ethenlss the NW comer of properly south aide of Highway s x03, SOIL TESTING:�� ENVIRONMENTAL SERVICES irmicaled Pa the plot. nP. 12• elava6Pn 956.03 feet (N.4V.0.-I929) .,r SHEET 2 OF 2 SHEET YAANSF A eNTE iEb WWW b0UWVTAWff to sekvM I� RIJ LL.. J 1111111111111 Doc Na 19781518 0411 gr4W 03;15 pM Certified filed and or recorded on above date. Vice of the County recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Deputy 5 TranslD 210519 Fees $35.50 DCC $10.50 SUR $46.00 Total (re. -#v) GRANT OF PERMANENT PARK AND TRAIL EASEMENT ALFRED J. BATES, a single person, hereinafter refesed to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF LONG LAKE, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hmvinafer rcferred to as the "City", its successors and assigns, forever, a permanent easement far public park and t Wlway purposes over, across, on, and through all of Outiots C and D, WOLF POINTE WOODS, Hennepin, County, Minnesota, according to the recorded plat thereof INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable timcs to constnu t, reconstruct, inspect, repair, and maintain said public park and trailway systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain, pave, and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, constmetion, and maintenance of said public park and trailway systems. The City shall be responsible for maintaining the park and trail and any area it is actively occupying, and defending any claims arising out of the public use of the park and trail, and shall not 122383x03 1 LwgL8kdWoltPo1me Woods SRN:r02/1MON (dutlats C and D) 9 assess Grantor or bis successors, heirs, and assigns for any reconstruction or maintenance costs related to the Mark and trail. Grwaor expressly reserves to himself and his successors and assigns the right to place and store a dock on the property with capacity of up to four (4) boat slips, a picnic table or bench, and parking for up to four (4) vehicles for the exclusive use of Grantor and his successors and assigns. IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this Y-�l day of 2�d. STATE OF MINNESOTA } COUNTY QFA&f&o,,_. ) GRANTOR: The foregoing instrument was acknowledged before me this fes' day of 2,P6L , by ALFRED J. BATES, a single person. DRAF M BY: C NM9L4 KNMWN Pr*=iwUd !#air 317 P.sgendWe Office Carta 1310 Corporation Carter Curve Egan, Mkn=M 55121 Tdg*one: (651) 452-5M SRN:tns f j#jUAN� LINpFp ary Publ"innesote mter[on a J , ar. 2Glq 12238303 2 Lons LAWWolfPoinue Woods SRN:r M MON (Outlols C and D) Metes and Bounds * Hennepin County TSD Metes and Bounds Page 1 of 1 The following is the County Auditor's description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal description of this property on the public record when preparing legal documents for recording PID: 35-118-23-23-0001 Municipality: ORONO Addition Name: UNIPLATTED 35 118 23 Lot: Block: COM AT A PT IN THE CTR LINE OF STATE HWY NO 12 DIS 1000 FT W FROM THE E LINE OF GOVT LOT 3 TH WLY ALONG SAID CTR LINE TO THE W LINE OF LOT 3 TH N TO CTR LINE OF WATERTOWN ROAD TH WLY ALONG SAID CTR LINE TO A PT 4 RODS W FROM THE CTR LINE OF THE OUTLET OF LONG LAKE TH N TO SHORE OF SAID LAKE TH NELY AND ELY ALONG SAID SHORE LINE TO A PT 1000 FT W FROM E LINE OF LOT 3 TH S TO BEG EX HWY Print this window I Close this window I https:l/wwwl6.co.hennepin.mn.us/pins/pidresult.jsp?pid=3511823230001 4/19/2016 EXHIBIT M Ownership History: Following is a synopsis of the ownership transfers gleaned from the County records. Note that Government Lot 2 as originally surveyed in 1855 is also known as the NW'/4 of the SW 1/4 of Section 35, and its extension northward to the lake: Wm. Fleming & Wife sold Govt. Lot 2 to Bradford Wakefield, January 1861 Ellen Wakefield et al sold Govt. Lot 2 to Newton Truax, July 1871, and deeded the northerly 3 acres to the Union Cemetery Association Newton Truax deeded 150' right-of-way corridor to St. Paul and Pacific Railroad, July 1871 (this is now the Luce Line Trail) - Newton Truax sold Lot 2 to David Van Dusee (sp?) in November 1874 "except that part and portion owned by the Union Cemetery Association" David Van Dusee sold his interest in Lot 2 to David Lydiard in April 1877 - Lydiard in 1877 sold the property to George Johnson, described as Lot 2 except the 150' RR right- of -way and also except "that part of said Lot 2 lying between the road running from Watertown to Wayzata and the lake known as Long Lake and known occupied by the Union Cemetery" George Johnson sold the property with the same description as his purchase, to William Hoagland in February 1878 William Hoagland sold to Henry Hoagland in 1881 all of the property north of the south line of the railroad right-of-way, including "thence north on east line of said Lot to Watertown Road, thence westerly along said road and lands of Union Cemetery to shore of Long Lake" - In 1899 Henry Hoagland deeded to Union Cemetery Association of Long Lake all that part of Lot 2 -which lies north of the Minneapolis and Watertown Road, so called" The plat of UNION CEMETERY was filed with Hennepin County in July 1899 and includes only property on the north side of the road In 1901 Sutherland sold to John W. Pray the land south of Watertown Road, based on a description referencing "north on the east line of said Lot (2) to the Watertown Road, thence westerly along said road and lands of Union Cemetery to the shore of Long Lake..." - In 1906 Pray sold to Elsie Elisabet Smith the same parcel referencing the same description which he purchased in 1901 - In 1908 Henry Hoagland filed a deed granting the land "north of the Minneapolis and Watertown Road" to Union Cemetery Association, with the notation "This deed is made to strengthen and confirm a certain deed executed and delivered by said Henry L. Hoagland and recorded in the office of the Register of Deeds in and for said Hennepin County in Book five hundred and twenty two of Deeds on page 50". - On June 10, 1909, Union Cemetery deeded to Elsie Elisabet Smith property lying west of a north -south line that goes through a point on the south side of Watertown Road that is 4 rods southwest (along the south line of the road) from the centerline of the creek outletting from Long Lake On June 10, 1909, Elsie Elisabet Smith deeded to Mary Dibble Brackett the property Pray sold to Smith in 1901, which included the parcel that Union Cemetery deeded to Smith earlier in the day on June 10, 1909 - Later on June 10, 1909, Mary Dibble Brackett deeded back to Union Cemetery Association that parcel that the Cemetery Association had deeded to Smith earlier that day. (As of this point, it seems that Union Cemetery Association owns the land west of the outlet creek and east of the north -south line running through the point 4 rods west along the south side of the road, from the south side of the road to the lake,; i.e. from the creek centerline to what is today Outlot C of Wolf Pointe Woods) - On June 19, 1952 Mary Dibble Brackett deeded to Rodney and Marian Kelley the land she owned, minus the portion deeded to Cemetery Association, but now the overall description goes to the centerline of Watertown Town Road,_rather than `running along the road and cemetery. 1�'_ - In 1978 Kelley sold to Theodore Wolf the property describes as he purchased it, except that the description reverts back to the boundary of the land being sold is the south line of Watertown Road - In 1996 Theodore Wolf sold the property to the YMCA, based on the property boundary being the south line of Watertown Road - In 1999 the YMCA sold the property to Alfred Bates, based on the property boundary being the south line of Watertown Road In 2000 Bates platted Wolf Point Woods including Outlot D which ends at the south line of Watertown Road, and Outlot C which is west of the north -south line 4 rods west of the creek centerline. 0 ITEM NO. 3 MEMORANDUM TO: ORONO CITY COUNCIL FROM: JESSICA LOFTUS, CITY ADMINISTRATOR SUBJECT: SUBCOMMITTEE WITH ORONO SCHOOLS DATE: APRIL 25, 2016 In March, Councilmember Walsh reported meeting with Orono Schools at their request to discuss safety concerns and road improvements. Pursuant to that meeting their staff provided the attached list of traffic improvements funded by Orono Schools over the past five years. Councilmember Walsh suggested the City Council could formalize a subcommittee to meet regularly with Orono schools. Staff is requesting direction on how to move forward. MEMO To: Jessica Loftus, City Administrator From: Tom Stringer, Director of Business Services - F Justin McCoy, Coordinator of Facilities and Safety RE: Orono Schools Traffic Improvements • Date: April 4, 2016 At our February 23, 2016 meeting, it was asked of the school to create a list of internal improvements we have made to assist with safety and congestion. The following completes this request. Schumann Elem Drop Off 6rt,, l 11A41 t9 200) 000 • Routed traffic through the HS South parking and extended drop off sidewalk to remove queuing off Old Crystal Bay Road. Middle School Lane Extension • Added a second lane extension to the front drop off to reduce a bottle neck during pick up and drop off. Middle School Drop Off + Routed traffic through the front parking lot of the Middle School and exited all traffic out the North entry point. Intermediate School Internal Parking Lot 4 Closed a cross over driveway between the front circle and the south parking lot. This organized traffic which created better flow in turn reduced traffic build up on Old Crystal Bay Road. Intermediate School Pick-up • Took 33% of the pick-up traffic and relocated pick up location to rear of building and exited all traffic out to Co Rd 112, which relieved traffic from Old Crystal Bay Road. Co Rd 112 Gate • Opened and maintaining the west gravel road for exit and entry to the Intermediate School to help relieve traffic from Old Crystal Bay Road. Installed pedestrian Gate • Installed a pedestrian gate to help limit traffic when students are at recess at the Intermediate School. This gate is fully on school grounds. During this time, all traffic to the rear of the Intermediate School is coming off Co Rd 112 which reduces Old Crystal Bay Road Traffic. Internal Traffic Study • In the process of receiving a quote from SRF Consulting on internal traffic study T7� f' MEMO To: Jessica Loftus, City Administrator From: Tom Stringer, Director of Business Services Ia. ftalgc� Justin McCoy, Coordinator of Facilities and Safety RE: Orono Schools Traffic Improvements Date: April 4, 2016 At our February 23, 2016 meeting, it was asked of the school to create a list of internal improvements we have made to assist with safety and congestion. The following completes this request. �,, a1 r c, Zo b Schumann Elem Drop Off L4 OYZ *V4 0 200 Ooo a Routed traffic through the HS South parking and extended drop off sidewalk to remove queuing off Old Crystal Bay Road. Middle School Lane Extension Added a second lane extension to the front drop off to reduce a bottle neck during pick up and drop off. Middle School Drop Off • Routed traffic through the front parking lot of the Middle School and exited all traffic out the North entry point. Intermediate School Internal Parking Lot Closed a cross over driveway between the front circle and the south parking lot. This organized traffic which created better flow in turn reduced traffic build up on Old Crystal Bay Road. Intermediate School Pick-up Took 33% of the pick-up traffic and relocated pick up location to rear of building and exited all traffic out to Co ltd 112, which relieved traffic from Old Crystal Bay Road. Co Rd 112 Gate Opened and maintaining the west gravel road for exit and entry to the Intermediate School to help relieve traffic from Old Crystal Bay Road. Installed pedestrian Gate • Installed a pedestrian gate to help limit traffic when students are at recess at the Intermediate School. This gate is fully on school grounds. During this time, all traffic to the rear of the Intermediate School is coming off Co Rd 112 which reduces Old Crystal Bay Road Traffic. u in al Traffic Study • In the process of receiving a quote from SRF Consulting on internal traffic study ^j Q F!14V� 7dLZ ) s 4C ITEM NO. 4 MEMORANDUM TO: CITY COUNCIL FROM: ADAM T. EDWARDS, PE SUBJECT: STREET PLANNING AND FUNDING DISCUSSION DATE: APRIL 25, 2016 References: City of Orono Pavement Management Plan, adopted October 27, 2014. City of Orono 2016 Capital Investment Plan (CIP) City of Orono 2016 Budget List of Exhibits: A. Historical Street Spending B. Road Condition Summary 1. Issue. The City's street rebuilding and maintenance requirements exceed current resourcing. 2. Background. For some time the City of Orono has struggled as to how to come up with annual funds to maintain its road/street infrastructure. The 2016 Budget does include $88,800 for pavement maintenance which is sufficient for potholing, signs and winter maintenance. However The Pavement Management Fund (PMF) has $183,000 dedicated funding from the levy for preventative maintenance and reconstruction which is significantly below the amount required to properly maintain the city's streets. In the past, the City has funded street reconstruction projects through the sale of bonds and has applied leftover general fund amounts towards street maintenance projects (Exhibit 2). This has resulted in the disproportionally large number of streets in disrepair requiring significant and the inability for the Staff to plan for and execute a maintenance plan to protect and extend the life of these valuable assets. a. Pavement Planning. In October 2014 the City adopted a Pavement Management Plan (PMP) which does provide prioritization of road maintenance as well as a description of funding sources. The PMP is used to inform the City's Capital Improvement Plan (CIP) which does provide specific roads to receive maintenance or reconstruction out to 5 years and identifies a funding requirement in general categories out to 20 years. Ideally, the CIP would then inform the annual budget cycle. b. Staffing and Action to Date. Fall of The City Council directed Staff to develop options for funding annual street 2013 reconstruction and maintenance. Staff conducted a study to include querying surrounding communities about how they provide funding for annual street maintenance and reconstruction. March Staff presented funding options to the City Council. Council requested staff to 2014 analyze funding options against several scenarios. May Scenarios (Assessments, Franchise fees, Bonding, Levy Increases) were presented. 2014 The Council directed Staff to bring back more information on franchise fees and to Tax present an option for road maintenance in the 2015 General Fund Budget. August Council directed staff to add $30K to the roads maintenance budget for 2015 2014 Increase Impact Impact on October Council adopted the Pavement Management Plan (PMP) 2014 ($) April Council reviewed the funding options for road maintenance/reconstruction with the 2015 consensus being against Assessments or Franchise Fees. May Council of directed Staff to provide a by year maintenance and reconstruction plan 2015 for the next five years. June Council reviewed a sample five year plan and the impacts to the Levy to fund the 2015 plan. Council provided guidance to create a funding source for Pavement Road (90), Fairview Cottage Lane (90), Grandview Management Fund with a dedicated Levy of $183,000. December Council deferred decision on road maintenance projects for 2016. Setting April of 2015 2016 as the date to review road planning and funding. 2. Street Funding. Distributing the pavement maintenance and reconstruction requirement per the City's Pavement Management Plan over a 10 year period, results in a funding requirement of $550,000/ year for Maintenance and $500,000/year for Reconstruction for a total of $1,050,000/year. The $183,000 dedicated to the Pavement management fund for 2016 represents 17% of the requirement leaving a funding deficit of $867,000/year. The first table below shows the impact of these costs on the Levy. a. Tax Levy Im acts of F Ily Funding Street Maintenance & Reconstruction Requirements Type of Annual Levy Tax Rate Tax Tax Tax Tax Street Work Cost Increase Increase Impact Impact on Impact Impact maintenance ($) (%) (Percentage on $546K on $1 M on $2M Cherry Ave(85), Chery PI (91), Concordia (79), Deferred Points) $250K Home Home Home Road (90), Fairview Cottage Lane (90), Grandview Home (Median) Maintenance $367,000 7.69% 1.29 $30 $64 $146 $307 Reconstruct $500,000 10.48% 1.76 $41 $87 $198 $419 Total $867,000 18.17% 3.06 $71 $151 $344 $726 3. Impacts. Fully funding the both preventive maintenance and reconstruction as in table above allows the city to realize it Pavement Management Plan. 4. 2016 Road Maintenance Planning. The table below represents the street maintenance proposed during the 2016 budget process and in the 2016 Public Works Plan. a. Streets Proposed for Preventative Maintenance in 2016 Public Works Plan. Maintenance Budget Description (PCI) Status Routine $ 47,000 Throughout System -(Patching, tree trimming, In budget annual striping, crack sealing) maintenance $ 178,556 Cherry Ave(85), Chery PI (91), Concordia (79), Deferred Corral Rd(86), Elmwood Ave (88), Fagerness Point Road (90), Fairview Cottage Lane (90), Grandview Ave (86), Loma Linda (84), North Arm (90), Park Dr (83), West Lake (79), Webb St (96), Orchard Beach Place(82), Highwood Ln (90), Linden Ln (87), Maple Seal Coating Place (94), Minnie Ave(94), Dahl Rd (77). 2 Mill and Overlay $ 277,361 Casco Circle, Tamarack Dr., Hunter Dr. Deferred TOTAL $ 502,917 $ 32,558 b. Other Maintenance Projects For Consideration, preventive maintenance dollars could be allocated towards. that require Mill and Overlay. 5. Reconstruction and Construction for 2016. There are numerous other roads that Exhibit B contains a listing of all of the roads a. City Streets Proposed for Reconstruction in 2016 Public Works Plan. Project Estimated Cost Status Watertown Road Phase 2 $ 32,558 City section of larger MSA project. Bids complete. Pending Award Watertown Road w/Long Lake $ 123,759 Bids complete. Pending Award Fox Street Feasibility Study $ 24,000 Approved. Scheduled for Summer 2016. West Lafayette $ 143,117 Deferred TOTAL $ 323,434 Varies b. MSA Streets Proposed for Reconstruction in 2016 Public Works Plan. Project Estimated Cost Status Watertown Road Phase 2 $ 699,485 Bids complete. Pending Award C. Other Projects for Consideration. In addition to the projects proposed in the 2016 Public works plan the following projects should be considered. Project Estimated Cost Description Turn Lane on northbound Old $ 47,880 The Orono School District is interested in improving Crystal Bay Road at the Middle traffic flow into the through their campus. The district School. has contracted for a traffic study. If the study supports it one action that could be completed this year would be the construction of a turn lane. Other Roads requiring Varies Exhibit B contains a listing of all of the roads deemed reconstruction. in the PMP as needed reconstruction. Request: 1. Direction on how to provide reliable funding for the City's streets as part of the 2016 and beyond budget processes. 2. Direction on which projects to complete with funds available in 2016. Pavement Management Investment 106215 �Ye�r=* 2007 (5.2 mi) 2008 (5.7 mi) 2012 (2.3 mi) -. Casco Circle 2006 $ 126,416 $ - $ - $ - $ 356,000 2007 $ 91,482 $ - $ - $ - $ - 2008 $ 99,028 $ 398,350 $ - $ - $ - 2009 $ - $ 108,109 $ 1,314,530 $ - $ - 2010 $ - $ - $ 190,658 $ - 2011 $ - $ - $ - $ - $ - 2012 $ 54,000 $ 375,233 $ - $ 424,263 $ - 2013 $ - $ 21,368 $ 814,225 $ - $ 1,171,481 2014 $ - $ - $ 122,000 $ - $ - 2015 $ 46,1991 J$ 230,670 $ - $ 406,237 2006 (so.9 mi) 2007 (5.2 mi) 2008 (5.7 mi) 2012 (2.3 mi) 2015 (1.8 mi) Casco Circle Arbor Street Barrett Avenue Chevy Chase Dr Cove Road Country Club Rd Baldur Park Road Bayview Place Ferndale Green Ethel Avenue Crestview Bohns Point Lane Chippewa Lane Old Long Lake Frederick Street Avenue Bohns Point Road Cygnat PI. Spring Hill Road Ivy Place Crystal Place Briar Street Dickenson Street Casco Point Road Dahl Road Carman Road E. Lake Street Dunwoody Ave Dakota Avenue Crystal Avenue Fairview Cottage Dickey Lake Drive Kelly Avenue Fox Ridge Road Eileen Street Kenwood Way Glendale Drive Elm Street Lakeview Avenue Hanlon Avenue Heritage Drive Lydiard Avenue Keene Avenue Heritage Lane Lydiard Circle Lyman Avenue Highwood Lane Mapleridge Lane Maple Lane Highwood Road Minnetonka Ave Myrtlewood Rd Lakeview Terrace Minnie Avenue North Arm Lane Linden Lane Old Beach Road Oak Street Livingston Ave Orchard Beach PI Orchard Park Rd Long Lake Blvd Partenwood Lane Orono Lane Minnetonka Partenwood Rd Park Avenue Highlands Lane Pheasant Road Park Lane Navarre Avenue Prospect Avenue Russell Avenue Navarre Lane Rest Point Circle Smith Avenue Olive Avenue Rest Point Lane Wear Circle Tonka Avenue Spates Avenue Wear Lane North Fox Street Tonkaview Lane Woodhill Avenue Lyric Avenue Vine Place Ferndale Road W North Arm Drive Windjammer Ln Kelley Parkway Willow Drive Crystal Bay Road Turnham Road Wildhurst Trail Leaf Street McCulley Reconstruct (0.8 mi) $2,500,000 $2,000,000 $1,500,000 $1,000,000 Cherry, Concordia, Corral, Elm, Elmwood, Fagerness Point, Fairview, Forest Lake Dr, Grandview, Hackberry, Loma Linda, Maple, Maple Ridge, Park Overlays 5.0 mi Casco Point Rd, Dunwoody Ave, Fredrick St, Ethel Ave, Casco Ave Reconstruct (1.0 mi) Casco Point Rd, Casco Cove, Ivy Place Overlay (0.8 mi) Willow Dr S Mill and Overlay (0.5 mi) Woodhill, Highwood, Bohns Point, Crystal Bay, Beederwood, Cygnat, Wear Overlays (2.3 mi) OCB Overlay (0.6 mi) Willowbrook Overlay (0.3 mi) Orono Orchard Reconstruct (1.2 mi) Willow Dr N Reconstruct (0.6 mi) Rest Point Reconstruct (0.5 mi) Stubbs Bay and Baldur Park Reconstructs (0.2mi) Watertown Road Ph I Reconstruct (1.1 mi) Pavement Investment $500,000 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Notes: Overlay includes both overlay and mill & overlay projects Reconstruct include traditional reconstructions and reclamation projects Funded by Bond Streets for Reconstruction Consideration Listed from lowest Pavement Condition Index to Highest Clty Street Name C/L Length (ft) Pavement Rating (0-100) Total Street Cost Forest Arms Lane Residential 1,700 44 $271,373.13 East Long Lake Road Collector 3,700 45 $771,503.71 Fox Street - OCB Rd -Willow Collector 3,000 46 $674,558.62 Garden Court Residential 575 47 $105,202.22 Windjammer Lane Residential 450 51 $71,834.06 Tonka Avenue Residential 900 53 $117,422.86 West Lafayette Road Residential 1,050 54 $143,117.23 Wildhurst Trail Collector 2,240 55 $430,474.60 E. Lake Street Residential 450 60 $61,335.96 Fox Street - Brown -Orono Orchard Collector 4,000 60 $834,058.06 Lyric Avenue - Livingston to Blaine Collector 615 60 $44,794.39 MSA I Fox Street - Willow -Brown Collector 2,400 50 $645,195.01 Data from 2014 Pavement Management Plan Streets for Mill and Overlav Consideration Listed from lowest Pavement Condition Index to Highest Data from 2014 Pavement Management Plan Street Name Type C/L Length (ft) Pavement Rating (0- 100) Total Street Cost Northern Avenue Residential 1,250 61 $63,564.95 City Minnetonka Avenue Residential 850 62 $33,156.09 Minnetonka Highlands Lane Residential 1,100 62 $64,361.83 Lafayette Ridge Court Residential 250 63 $14,627.69 Lyman Avenue Residential 1,000 63 $46,321.01 Tonkaview Lane Residential 1,850 63 $90,204.08 Olive Avenue Residential 650 64 $30,108.66 Vine Place Residential 600 64 $26,329.84 Townline Road Shared with Independence) Collector 2,400 65 $140,425.81 Tamarack Drive Collector 1,450 66 $82,787.20 Wildhurst Trail Collector 615 66 $31,921.08 Chevy Chase Drive Residential 3,000 67 $175,532.26 Kenwood Way Residential 550 67 $22,794.81 Kelley Parkway - OCB Rd to StoneBay Collector 700 67 $72,665.88 Casco Circle Residential 2,600 69 $120,434.63 Hunter Drive Collector 1,200 69 $74,139.39 Dickenson Street Residential 1,300 70 $57,047.98 Glendale Drive Residential 600 70 $33,643.68 Navarre Lane Residential 1,300 70 $72,894.65 Orchard Park Road Residential 2,650 70 $142,132.37 Rest Point Lane Residential 650 70 $28,523.99 North Arm Drive Collector 5,500 71 $299,746.75 Bayview Place Residential 1,300 72 $63,386.65 Forest Lake Landing Residential 400 72 $19,503.58 Park Lane Residential 800 72 $29,255.38 Togo Road Residential 1,500 72 $73,138.44 Briar Street Residential 1,050 73 $43,517.37 Livingston Avenue - CR15 to Blaine Residential 1,700 73 $116,046.33 Willow Drive - Fox St- Brown Road Collector 4,500 73 $242,987.40 Eileen Street Residential 350 74 $20,478.76 Forest Lake Drive Residential 1,000 74 $58,510.75 Garden Court Residential 400 74 $27,305.02 Navarre Avenue Residential 900 74 $46,077.22 Livingston Avenue - Blaine to Shadywood Residential 1,360 75 $69,627.80 Smith Avenue Residential 1,500 75 $65,824.60 MSA Ferndale Road North Shared with Plymouth) Collector 5,500 69 $417,405.48 Leaf Street Collector 2,700 69 $128,093.81 Data from 2014 Pavement Management Plan