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■ ; <br />COUNCILMEETING <br />AUG 222005 <br />REQUEST FOR COUNCIL ACTION OfTYOFORONO <br />Date: August 18,2005 <br />Item N«i./X- <br />Dspartana t Approval:Adminittrator Approval: <br />NaaM: Michael P. Oaffron <br />TMe: Planning Director <br />Agenda Section: <br />Zoning <br />Item Description: Agreenient for Vegetated Wetland Buffer Maintenance Between Orono and <br />MCWD re: Willow View Subdivision <br />ListofExhibitt <br />A - Resolution Authorizing Execution of Agreement <br />B *• Agreement <br />C - Memo fix)m Attorney Rachel Igel on behalf of Willow View LLC <br />D - Flowage, Drainage and Conservation Easement, Doc. /I7294749 <br />Background <br />When the Willow View plat (SW quadrant of Willow Drive and Co. Rd. 6) was developed, the <br />developers were required to grant the City a Flowage, Drainage and Conservation Easement that <br />placed limitations on the use of the wetland outlets. <br />The developers were also required to execute similar covenants to meet their obligations to the <br />MCWD widi regards to preservation and maintenance of wetlands. In order to avoid duplicity, <br />the developers' attorney has worked vrith the MCWD, City staff and City Attorney to arrive at an <br />agreement in which Orono and MCWD share the powers of entry, inspection and enforcement of <br />the existing Easement. The proposed Agreement does not reduce or limit any existing City <br />authority, but functionally allows MCWD to exert equivalent authority with regards to the <br />Easement provisions. <br />The City Attorney has reviewed the proposed Agreement and recommends approval. Staff <br />concurs. <br />COUNCIL ACTION RF .' UESTED <br />Adopt the attached Resolution "Authorizing Execution of the Agreement for Vegetated Wetland <br />Buffo Maintenance Between the City of Orono and the Minnehaha Creek Watershed IXstrict". <br />J