11-25-2002 Council Packet - Laserfiche WebLink

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Keith Van Wagner Re: Orono/Dahlstrom Permit Request November 4,2002 Page 2 City Requests Mn/DOT Recoosider Cost Sharing for Existing Pond Capacity Mn/pOT has indicated to the City that a charge of $35,000 is due to MnADOT for excess capacity provided in the existing ponds at the time they were constructed. This request is based on a draft Memorandum of Agreement to which I do not recall the City agreeing and which was not signed by the City, and which the City believes reflects design capacities which were not constnicted and which therefore do not provide a significant benefit to the City or adjacent landowners. It is the recolk ction of City staff that Mn/DOT originally had proposed construction of a large pond or ponds that would provide capacities for the developed condition of adjoining lands, and Mn/DOT submitted the draft for City approval. Late in the design process, the City required that the pond be substantially reduced in size. The City took this position because the pond location was in the middle of a prime commercial development area, and it was not clear at that time how development might occur, or whether the planned large pond would be compatible with or in conflict with future development plans. The City’s position regarding the pond was that it should be substantially reduced in size, but in the future 14nA30T would allow the pond to be expanded if needed to serve new development. As a result, it is the City’s recollection that the ponds were redesigned to be significantly smaller than the original design, and to provide minimal, if any, excess capacity. , The City has not entered into any known agreement to pay for excess capacity that may have been created for existing or future development. Even if MnT)OT created excess rate control or treatment capacity for the upstream portions of the watershed in their development condition at the time tl.e ponds were designed, such capacity was not specifically required by the City nor to the City’s knowledge by the Minnehaha Creek Watershed District. It has been the City’s position that if excess capacity to serve the Dahlstrom development exists in the MivDOT ponds as constructed, Dahlstrom should pay any justifiable costs associated with that capacity. Mn/DOT s design calculations for the final pond construction have been reviewed by Landfoiro (consultant to Dahlstrom Development LLC) at the request of the City. It is Landform’s conclusion that Mn,DO f merely accommodated existing flews in their final design, and did not provide capacity for flows from future development either within or outside of the contributing watershed. We request that Mn/DOT staff re view the attached pond design information and reconsider any cost sharing by Orr .. Request for Permit Approval In consideration of the above, the City of Orono respectfully requests that the permits applied for be issued m a timely manner. We ftuther request that Mn/DOT processing of the reconveyance r quest