02-22-2016 Council Packet - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 32 4. MINNEHAHA CREEK – PAINTERS CREEK CULVERT REPLACEMENT AND SOUTH KATRINA MARSH RESTORATION PROJECT (continued) Schaufler stated the landowners to the north of the project have indicated support for the project and that the MCWD is looking at whether a letter of intent or an easement is necessary. Schaufler noted the big square in the middle of the map depicts a property owner who is undecided at this time since that property may be sold in the next couple of years. Schaufler stated they will continue to work with the landowners and that in the meantime the Army Corps of Engineers will continue with their work, which is expected to take a couple of years. Senior Planner Gaffron stated in the Council’s packet is a proposed letter of support for the project. The letter was requested by the Watershed District and basically says the City conceptually supports the project. The second item in the packet is a sample easement agreement between the Watershed District and the property owners. Gaffron noted certain properties would also be subject to City wetland flowage and conservation easements that were granted to the City in the past as this area was developed. The MCWD would be looking for the City to subordinate or allow the areas where there is a city easement to be revised and approved per the proposed plan. Gaffron noted the City’s wetland flowage and conservation easement technically prohibits any work within the wetland, which will need to be amended to allow the MCWD to go ahead with this project. Council Member Levang stated one of the issues that was brought to her by one of the landowners in this area is the fact that the easement would be permanent rather than temporary. Schaufler stated as with any project that the MCWD implements, they want to be able to protect that investment. If a partnership with the Army Corps of Engineers is entered into, they would require that there be protection up to a 100-year flood event. Schaufler stated generally the MCWD requires a perpetual easement to manage the vegetation and the public investment in the project indefinitely into the future. Schaufler stated they MCWD can look at a temporary easement but that the MCWD typically requires a permanent easement. McMillan asked if the type of land being impacted by this project would be mainly wetland. Schaufler indicated the majority of it is wetland and is unusable. McMillan asked if the MCWD has the actual access easements worked out over the dry land areas. Schaufler stated they do and that they are also working with the homeowners association to use their road for access. McMillan asked whether someone would be able to receive a tax deduction if they provide a permanent easement. Gaffron stated he does not know the answer to that at this time. Walsh noted generally a person will receive money for the easement.