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. .. • ; ' � O� - . • O O �b. - CITY of ORONO � � � ti � �� '�' RESOLUTION OF THE CITY COUNCIL � ��kESH�g'� NO. s� � � O - Minnetonka) and also to enhance flood storage. Repair and maintenance of the existing outlet structure and detention pond is required to maintain their benefits to the public. Enlargement and deepening of the existing basin at the same time as the currently required maintenance excavation, � will provide additional wet storage volume and improve the water quality in Painter Creek and Jennings Bay. e. The Minnehaha Creek Watershed District has completed a mandatory Environmental Assessment Worksheet. No Environmental Impact Statement is required for the project. The Environmental Assessment Worksheet identified two potential concerns for the City, relating to the impacts on the site and the surrounding area during construction and relating to the proximity of identified burial mounds. • f. The State Archaeologist has documented the location of burial mounds and MCWD has reduced the scope of the project area from 0.59 to 0.51 acres in order to maintain appropriate setbacks from the burial sites. t g. The City has legitimate health, safety and welfare concerns regarding the impacts of construction of the project and these concerns are primarily the impact of hauling dredge spoil material from the site to spoil disposal sites in Minnetrista and Independence. The City is concerned that the project may impact the private road known as Creekwood Trail and the City of Orono public road known as Townline Road, by potentially damaging said roads as well as leaving them in a muddy or soiled condition. Because the project will occur during the winter, there is also a potential that droppings from the hauling process may freeze on the road, making the roads unsafe. Therefore, it is appropriate that the City place reasonable conditions on project approval that protect the interests of the City and its residents. h. Creekwood Trail is a private road that is owned, controlled and maintained by the Painters Woods Homeowners Association. While the City has underlying road access and utility easements, the City has not exercised its rights to take this over as a public road. Therefore, it is appropriate that the applicant gain approval of the Homeowners Association in order to use Creekwood Trail as a haul route, and it is appropriate that the City • condition approval on the Watershed District taking whatever steps are . necessary to satisfy the Homeowners Association. , Page 3 of 9