HomeMy WebLinkAboutRe: buffer Evelyn M. Turner
From: Smyth, John R [John.Smyth@bonestroo.com]
Sent: Friday, May 28, 2010 4:45 PM
To: Evelyn M. Turner
Subject: RE: Culliton/Hillger home 585 So. Brown Road Property
Attachments: image001.jpg
Evelyn,
I made a site visit on May 27 to the above reference property to review the buffer. Mr. Hillger was with me during the
review. They are not mowing the bufFer. The disturbed portion of the buffer as described by Hiliger was seeded to
native vegetation. This represents approximately 30% of the buffer. In this portion of the buffer I observed native
species such as black eyed susan that indicate it was seeded with natives. The remainder of the buffer that previously
had turf grass (approx. 50%) was not seeded to natives but the turf grass was allowed to grow. My memo indicated all
the turf grass was to be converted to native vegetation. It would be rather simple to broadcast a native seed mix in the
late fall and let the snow work it into the soils. Mr. Hllger was a little upset that the ordinance may require adding native
seeds to the area. Any input on how to handle this one?
John
�
�.�-r C��c �S -
7ohn Smyth
Associate �C,�l�CQ.- ��
Direct 651-604-4708 , ��,/
Cell 651-775-5104 I��c 1�(�_ p °�dd �
john.smvth@bonestroo.com � (/�/(1
_� `-� �- ��Y e �C � �'
(,�c.� S f CJ� �2( S �"
___ ____ __ _ _ _ __
� Bonestroo :_.
From: Evelyn M. Turner [mailto:ETurner@ci.orono.mn.us]
Sent: Monday, May 17, 2010 10:47 AM
To: Smyth, John R
Subject: FW: Culliton/Hillger home
John:
Please follow up on this.
Thanks
Evelyn
From: cindy hillger [mailto:clhillger@yahoo.com]
Sent: Friday, May 14, 2010 11:09 AM
To: Evelyn M. Turner
Subject: Culliton/Hillger home
Hi Evelyn,
I hope you're we1L It's hard for us to believe but we're into our second spring at the 585 So. Brown Road
property. I was hoping to have our wetlands inspected to return the 3000 dollar deposit we left with the city
last year. Is there someone else I should contact ar do you set up the inspection? Just let me know.
Thanks!
Cindy Hillger
i
• y
Christine Mattson
To: clhillger@yahoo.com
Subject: RE: 585 so. brown road
Attachments: admin@ci.orono.mn.us_20100915_161554.pdf
Cindy,
Thank you for your email. As you know, Evelyn Turner is no longer with the City of Orono.
I have begun reviewing your file and see that our consulting wetland specialist, John Smyth,
performed a site visit on May 27, 2010. From Mr. Smyth's notes I understand that Mr. Culliton was
present during the visit. Mr. Smyth observed that the disturbed portion of the buffer as described by
Mr. Culliton was seeded with native vegetation. That represented approximately 30% of the buffer.
The remainder of the buffer, that previously had turf grass (approximately 50%) was not seeded with
native vegetation, but the turf grass was allowed to grow.
According to Mr. Smyth all the turf grass must to be converted to native vegetation. The turf grass
can be treated with round-up or a similar product and ten days after treatment, or after October 15,
2010, the areas should be broadcasted with a native vegetation seed. The rain and snow will work it
into the soils.
The escrow funds cannot be released until the buffers are completed and meet our requirements. I
have attached a copy of the escrow agreement for the wetland buffer for your reference.
If you have any questions, please contact me at cmattson(c�ci.orono.mn.us or at 952-249-4620.
Christine Mattson
From: Melanie Curtis
Sent: Tuesday, September 14, 2010 3:08 PM
To: Christine Mattson
Subject: FW: 585 so. brown road
Please follow up.
M�LANIE GURTIS � � �I�'L.2�-q.�2�1 i��cvlR-T1SCac1.oR.oNo.►v�N.vls
From: cindy hillger [mailto:clhillger@yahoo.com]
Sent: Tuesday, September 14, 2010 3:05 PM
To: Evelyn M. Turner
Subject: 585 so. brown road
Hi Evelyn,
We're still waiting for our check after having our wetlands inspected several months ago.
Let me know if there's anything else we need to do to receive our refund promptly.
Thanks.
i
�
Cmdy Hillger and John Culliton
z
� <�� � �
ESCROW AGREEMENT
AGREEMENT made this ,23"� day of � �� , 20 Q� , by and between the
CITY OF ORONO, a Minnesota municipal corporation(" ty") and Cindy Hillger ("Owner").
Recitals
A. Owner will be seeding the wetland buffer at 58� Brown Road South, in the City
of Orono, Hennepin County, Minnesota, as part of the requirement for
constructing a new house on the property.
B. The City is requiring a security agreement to guarantee the required revegetation
of the buffer is successful.
C. Owner has agreed to complete this seeding in a timely fashion. Owner has agreed to
provide financial security for the completion of the seeding by entering into this
Escrow Agreement.
D. The City has determined that this Escrow Agreement constitutes adequate
assurances from Owner, sufficient to protect the City from potential damages and
noncompliance with the City Code.
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this
� Escrow Abreement, the Owner shall deposit $3,000.00 with the City. All accrued
interest, if any, shall be paid to the City to reimburse the City for its cost in administering
the escrow account.
2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee that the seeding
of the buffer is completed properly by Owner and that any vegetation that does not
establish successfully is replaced. A planting is deemed successful if there is at least one
native plant from the seed mix per square foot in the seeded area. Areas where the
planting is not successful shall be reseeded by the end of the growing season. The funds
shall be spent by the City if Owner for any reason is unable or unwilling to honor the
requirements of the City Code. Constxuction costs may also include engineering estimates
and plans as well as labor and materials for any repairs or matters completed.
3. DISBURSEMENT FROM ESCROW ACCOUNT. If the City suspects or l:nows of any
matter cited above that is not completed correctly and in a timely fashion, it shall first make
demand of Owner to make any necessary repairs or to take other prudent remedial measures
within a 5 day time period. If Owner is unwilling or unable to honor its agreement as
determined by the City, the City may draw from the Escrow Account, as necessary. The
remedies afforded to the City under this agreement shall be in addition to any other
remedies which the City may be entitled by law or equity or other agreement.
1
4. CLOSING ESCROW. The escrow, less any eligible expenses, shall be returned to the
Owner two growing seasons after planting if the planting is successful. If substantial
portions of the plantings are not successful after one planting season the City may hold
the escrow for an additional planting season. If substantial portions of the plantings are
not successful after two planting seasons the City may hold the escrow for two additional
planting seasons.
5. RIGHT OF ENTRY. The Owner hereby grants the City, its agents, employees, officers
and contractors the right to enter the property to perform all work and inspections deemed
appropriate by the City in conjunction with seeding of the buffer, including but not
limited to constructing or completing any and all of the agreed upon improvements
should the Owner not complete those improvements by the date specified herein.
CITY OF ORONO
By: ��----
, Its w ;c-G,[„��'
Owner:
�Y 9 _
By:
Cindy�ger �
�
�
F
F �
O
� �
� ••p O
�t�;��,, �;- CITY of ORONO
� ,� ��� �_ ,. �►
'�'i� �'�, ��;� ,yti MuniCipal Offices
�� � '�;���'j-� ¢�(`y Street Addross: Mailing Address:
�'j,+gHO 2750 Kelley Parkway . P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
October 2, 2008
Dan Sonnen
Sonnen Brothers Construction Inc.
12592 May Avenue North
Stillwater MN 55082
Dear Mr. Sonnen:
When you were issued the permit for the new house at 585 Brown Road South there was a
notation on the permit that a wetland buffer plan, easement and escrow were to be provided
before any certificate of occupancy permit would be issued. Normally this is required before the
building permit is issued, but there had been a number of delays in issuing the permit so we
decided it could be taken care of while the house was under construction.
This is what is required: `
1. Improvement of the wetland buffer(50 feet from the edge of the wetland) at a minimum
as outlined in the attached memo from John Smyth. The plan for the work must be
approved by the City before it commences. Please submit the plan to me; I will forward it
to John.
2. A Flowage and Conservation Easement and Restrictive Covenant. The document is
enclosed. Please add the legal description of the wetland and wetland buffer(which you
would obtain from your surveyor) and have the owners and mortgage holder(if any) sign
it before a notary. Then return it in the enclosed envelope.
3. An escrow of$3,000.00 to guarantee the creation of the buffers and an escrow
agreement. The City will draft the escrow agreement. Please let me know if your
company or the owners will be providing the escrow.
If you have any questions please call me at 952-249-4623. Please provide the information needed
to complete the easement and the agreement by fax (952-249-4616) or by email
(eturner(�a,ci.orono.mn.us)
Sincerely,
�'i
Eve n Turner
C' Planner
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
t
t
(reserved jor recordinR informationJ
GRANT OF PERMANENT
FLOWAGE AND CONSERVATION EASEMENT AND
RESTRICTIVE COVENANT
FOR WETLAND AND WETLAND BUFFER
INSTRUMENT made this day of , 20 , by and between John
M. Culliton and Cindy L. Hillger husband and wife,the Grantors, and the CITY OF ORONO, a
Minnesota municipal corporation("City").
WITNES�ETH:
The Grantors, in consideration of good and valua.ble considera.tion paid by the City, the
receipt and sufficiency of which is hereby acknowledged, hereby create and grant unto the City a
permanent flowage and conservation easement for the purposes set forth in this instrument, over,
under, and across the wetland and wetland buffer as described in the legal description and site plan
attached hereto as Exhibit A(the "easement premises").
The Grantors on behalf of themselves, their heirs, successors and assigns, hereby covenant
and agree as follows:
1. That the following are prohibited in perpetuity within the wetland:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, fences, retaining walls,
fireplaces, clothes line poles, playground equipment, roads, hardcover of
any kind, underground utility lines and distribution equipment, light poles,
traffic signals, traffic regulatory signs, mailboxes; except: 1) feeders, bird
houses, and other devices intended to foster wildlife; and 2) docks or
boardwalks when allowed by City ordinance and under a valid City
permit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting,
destroying or removing trees greater than four inches in diameter, except
for tree disease control by or as directed by a governmental agency.
Grantors may remove brush, diseased or dead trees of any size, and
noxious weeds.
125005 1
<
C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of
earth, loam, peat, gravel, soil or any other natural material.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening of the neighboring properties.
� F. Application of fertilizers,whether natural or chemical.
G. Application of chemicals for the destruction or retardation of vegetation.
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
2. That the following aze prohibited in perpetuity within the wetland buffer:
A. Constructing, installing, or mainta.ining anything made by man, including
but not limrted to buildings, structures, walkways, fences, fireplaces,
clothes line poles,playground equipment, roads or hardcover of any nature
whatsoever, except: 1) feeders, bird houses, and other devices intended to
foster wildlife; 2) docks or boardwalks when allowed by City ordinance
and under a valid City permit; 3) reta.ining walls when allowed by City
ordinance and under a valid City permit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting or
removing trees greater than four inches in diameter, except for tree disease
control by or as directed by a governmental agency. Grantors may remove
brush, diseased or dead trees of any size, and noxious weeds.
C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of
earth, loam,peat, gravel, soil or any other natural material.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening of the neighboring properties.
F. Application of fertilizers,whether natural or chemical.
G. Application of chemicals for the destruction or retardation of vegetation.
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
3. Establishment and Maintenance of Wetland Buffer. The wetland buffer, measuring
50 feet in width at all points surrounding the wetland and as shown in Exhibit A,
shall be established and improved to become an "acceptable buffer area" as
described within City Ordinances, and shall thereafter be maintained by Grantors in
perpetuity free from mowing or other vegetative disturbance, fertilizer application,
yard or other waste disposal, the placement of structures or any other alteration that
impedes the function of the buffer in protecting the quality of water in the wetland or
125005 2
STATE OF MINNESOTA )
)ss.
COUNTY OF )
� The foregoing instrument was acknowledged before me this day of
, 20_, by John M. Culliton and Cindy L. Hillger, husband and wife, the
Crrantors.
NOTARY PUBLIC
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone:(651)452-5000
MKB
125005 4
MORTGAGE HOLDER
CONSENT TO EASEMENT
, which holds mortgages on all or part of the property more
particularly described in the foregoing Grant of Conservation Easement, which mortgages are
dated , and recorded as Document No. of the
County Recorder far Hennepin County, Minnesota, for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is
subject to the foregoing Grant of Conservation Easement.
BY:
Its
AND
Its
STATE OF MINNESOTA )
)ss. � �
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20_, by and by
the and
of , on its behalf.
NOTARY PUBLIC
DRAFTED BY:
Campbell Knutson
Professiona!Association
3l 7 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone:(651)452-5000
MKB
�25005 5
EXHIBIT A
DESCRIPTION OF WETLAND AND WETLAND BUFFER
WETLAND:
WETLAND BUFFER:
(Attach Survey)
125005 6
Memorandum �Bonestroo
To: Evelyn Turner Project: 585 Brown Road S. Date: 7117/2008 2335 Highway 36 W
St.Paul,MN 55113
From: John Smyth,CWD Client: City or Orono Te1651-s36�600
Fax 651-636-1311
Re: Wetland Buffer Ordinance Review Memo File No: 139-07000-1 www.bonestroo.com
Remarks
The property currently has one wetland that has a Preseroe Classification. This classification
requires a 50 foot vegetated buffer and 20 foot setback from the buffer. The proposed house
location is outside the required buffer and setback location and meets the requirements of the
ordinance. The wetland has an irregular edge in what would be the backyard of the property.
The edge of buffer ranges from 30 feet to 65 feet in distance from the house.
Buffer Condition and Requirements
A site evaluation was completed on July 16, 2008 to determine the condition of the vegetation in
the existing upland buffer. Currently a substantial portion of the baffer is turf grass and the
remainder of the buffer has been left in a natural grass/forb condition. The natural grass/forb
portion of the buffer is currently in adequate shape, however some spot spraying of thistle is
recommended. According to Division 3 sec.78-1605 turf grass is considered to be an
undesirable plant species and should be removed from the buffer area. After the turf is
removed the area is required to be planted or seeded with native species.
The applicant will need to provide a ManagemenULandscaping plan that includes the following:
1. Method of establishing native vegetation in turf areas(MN BWSR Web Site—
Publication: "Restoring&Managing Native Wetland and Upland Vegetation"source
for options).
2. Species proposed to be seeded or planted.According to the ordinance Div.3 Sec.78-
1605(3)the seed mix must contain at least 12 pounds(PLS)per acre of native prairie
grass seed and 5 pounds(PLS) per acre of native wildflower seed. The grass mixture
must contain a minimum of four species while the wildflower mixture must contain a
minimum of five species. (MN BWSR Web Site—Publication: "Restoring&Managing
Native Wetland and Upland Vegetation"source for options).
3. Schedule of activities that are part of the maintenance and establishment of native
vegetation in the buffer should be provided.
Certificate of Survey Requirements
Currently the survey shows the total setback line from the wetland, but does not depict the edge
of the buffer. The applicant should have the survey company add the edge of the buffer to the
survey.
.
Restriction and Covenant for Wetland and Buffer
Per Section 78-1611 of the wetland ordinance the owner shall record restriction and covenants
over the wetland and buffer with the property chain of title. A form with the language for the
Restnction and Covenants is available from the City.
Recommendations
If the requirements�of this memo are complied with the application can be approved. It is
recommended that a cash escrow of$3,000 is provided by the owner. It will be used for future
compliance checks and restoration work, if necessary, to bring the buffer into vegetative
compliance.
Page 2 of 2
Page 1 of 1
Evelyn M. Turner
From: Evelyn M. Turner
Sent: Wednesday, June 25, 2008 11:20 AM
To: 'Smyth, John R'
Cc: Tom Kellogg
Subject: Review of Buffer Area - New House -585 Brown Road South (A12159)
Attachments: admin_ci_orono_mn_us_20080625_112836.pdf
John:
Please review the buffer area for this property, which is at the NW corner of Brown
Road and Fox Street. Attached is a copy of the MCWD acceptance of the delineation.
I do not have a copy of the delineation yet. The surveyor will be bringing it in
(supposedly today) with revised surveys. (The actual drainfield sites needed to be
added to the survey.)
On Monday I gave Tom Kellogg a copy of the survey to review the grading plan.
Do you want me to mail you the delineation and a copy of the survey or do you want
to pick it up here?
Evelyn Turner
952-249-4623
6/25/2008