02-08-2016 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 8, 2016 7:00 o'clock p.m. 4. MINNEHAHA CREEK — PAINTERS CREEK CULVERT REPLACEMENT AND SOUTH KATRINA MARSH RESTORATION PROJECT (continued) Schaufler noted Painter Creek drains out of the South Katrina Marsh. The MCWD was contacted in June of 2014 by the Hunt Farm homeowners association as well as the City of Medina regarding road flooding that was occurring on Starkey Road. At that time MCWD staff worked with former Orono City Engineer Jesse Struve during June of 2014 on some of these flooding issues to see if that could be alleviated. Repairs were unable to be made at that time due to the high water levels. The Hunt Farm homeowners Association requested that the MCWD investigate what was causing the flooding, which was likely caused by two undersized driveway culverts. Schaufler noted the two culverts are located in the Painter Creek development and that the MCWD was unable to locate any records authorizing the installation of the culverts. In 1985, the MCWD installed a stormwater pond in the area upstream from the culverts. Following investigation of the culverts, it was determined that the two driveway culverts were significantly undersized. They are currently 18 inches in size and they should be 36 inches in size. At this point the District identified two options. Because Painter Creek is technically a public ditch, the District has the right to require the landowners to replace the culverts at their cost. Schaufler stated the MCWD did not feel that option would be well received and elected instead to partner with the two homeowners and the Army Corps of Engineers to perform the necessary restoration work. In exchange for the restoration work, the MCWD would gain conservation rights over approximately 97 acres of land and would the work would then qualify for federal money. The landowners were supportive of this approach. Schaufler stated the Army Corps of Engineers had studied this area back in 2010, and this past July the MCWD issued a letter to the Army Corps of Engineers stating their desire to restore the wetland. The next step in the process is to enter into a partnership with the Army Corps of Engineers and be placed into their funding system. The project is anticipated to cost $1.27 million, with the MWCD being responsible for acquiring the necessary land rights. Schaufler stated the yellow on the map depicts the proposed route of the work. The orange area is considered a deep marsh area, which would be six inches to three feet deep. The green area is considered a shallow marsh, which would be up to six inches. Schaufler noted a large number of residents in the area are supportive of the project and are willing to provide easements for the work. Walsh asked whether they have collected enough easements to move forward with the work. Schaufler stated the MCWD took action at their last meeting to move forward with the project given the amount of conservation land that will be received. The next step by the MCWD will be to obtain executed agreements with the landowners. Council Member Walsh asked what would happen if a landowner does not want to provide an easement Page 2 of 32