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HomeMy WebLinkAbout09-25-2010 Council Work Session Packet �� Council Work Session Tuesday, September 28, 2010, 6:30 p.m. � Orono City Council Chambers AGENDA 1. City Logo Update—Lili McMillan/Lin Vee (15 minutes) 2. Surface Water Management Plan(SWMP)—Mike Gaffron(30 minutes) 3. Conservation Easements for City Property—Mike Gaf&on (5 minutes) 4. Comments Regazding Information Updates—Lin Vee(5 minutes) 5. Other Issues of Current Interest Previous Work Session Topics September 14,2010 -Cancelled Au�ust 24, 2010-Cancelled August 11. 2010 0 2011 Budget Discussion o Comments Regarding Information Updates o Other Issues of Current Interest � MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: COUNCIL MEMBER MCMILLAN/LIN VEE,CITY CLERK SUBJECT: CITY LOGO UPDATE DATE: SEPTEMBER 25,2010 Over the past few years discussions have taken place regarding an update to the City logo for several reasons: • The City's logo is very detailed and difficult to reproduce. Photocopies do not always produce a clear image. • In an effort to include a logo on various City documents, staff inembers have modified the logo to create an image that can be reproduced. The same logo is not consistently used to represent the City of Orono. • A useful electronic image of the colored logo that is used for street signage does not exist. If this logo will continue to be used, it should be digitized for use on electronic documents. . • A simplified design that is used consistently would become more identifiable as a City of Orono logo. Suggestions for an updated logo have ranged from simplifying the current logo, or revising it but maintaining a realistic image of the lakeshore city, to a total redesign by a graphic artist. Council Member McMillan has been in contact with wildlife a.rtist David Maass,who has offered to work on an updated Orono logo. Mr. Maass has requested additional input and direction before he begins working on a design. In preparation for Council discussion, the following items aze attached: 1. Letter from David Maass, including examples of logos he has created for other organizations 2. Samples of the existing Orono logos and other city and lakeshore/wildlife logos 3. Medina's evolution of a new city logo by a graphic designer Council may want to consider moving forward with two different types of design. The first could be a realistic design from Mr. Maa.ss incorporating a duck, cattails and possibly a sailboat. The second could be a simple graphic art design incorporating a sailboat. "Orono The Lakeshore City"would be included on both designs. 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D. ,►l ���,J�-'� A, ti ,� ' Gti �,� � �,,L;��3� ,�cS G L9kES�I��'� �`9kESH04'� Navarre Banners .��m?!'"" . �'/� ' . 0 , �I �,� �'0�" O'�" .�O � � � �� � �; ���� �� , ;a � a �,A� �'� �'i, �� '„ ti�' ��� �G~ '► _i.,.�. � ��'q$ESA�4'w ��E68o4 Comp Plan, shirts, etc. Signs r` _� j�,'���' • \ �� �O� �O�V � V�. � � � ` 0 � ' � - ; .� � ��. � � ,. . �. ��; _ t` ��J�`_`i , , a \1 �. ,� \� �. � ,� ;��r ,�;-�'' �, � � � � �V� .$,� -,.�. ,� � ,�Q ' ' ,����ry �� � � � r �:- � � � �; a ���E8H0¢ �'!If p4�4' '� j �:��'��` � �� ES�t �Q j�.E S�-ag� ,, �-_____�� Sample Sketches and Logos / . �� � � �t � �.- Cit o t .�,...r��� ~`Y:; t ? ! Y f ' -- --- _ _ __ .., �\ 1\�!: P 1�i� \�fLRll I1V1)i('IPF�� minnetonKa LN C�� .K�S �-�,.-.,-, � � , - �. ,;. ,; 'it:�«;,^_-� --„ � t,'� � ; � /: � `l �> � ^,,. 1 , ��� "� , � .�. ,, . , i , ,;{� . � i � `I' ' ,�` ' E _ � , � :--�, —� � �`� f '' ���_ �tir L_'���L���� '1 Y F. 1 ' . � ; , j��� . '�tln(ISM r" _ " „ r,.- --. ' r. •('; _�?��., . ... _�i �. 3�� •.r , r-;i _v.- �. �� : � � 1 'I` Y O Progression of changes G �, The first presented logo has morphed �� -, _ __ from a rough idea submitted to the /� , ��::. logo contest to a more logo-styled ,�i ' - ..�, �,-�t mark (but too busy}, to a sleek sim- ! � � - ' � plified version, and then to our cur- ��, . rent transformation. �.;�;�� � , ���,_. . 1 T Y O � ''F ������ �. I G F I ��e.�, � �idt�llt fr� l;��rrR7 .. � � � � O ��.� '_.�..-51` � � �� � � \ I,,1 , � �� `�� �� l��I�DIIi�A �I � T Y O , G ��_t�� � � /� ��� � � ,/ ,�� � i!�' ; � � _ --. � r' i - - � I��I�I3Il�A , � � __ _ _ _ _ _ Lori Da�rymple � Graphic Design � 763-550-9939 � artsyfartsyl@q.com , D 4 ��,M'QR�4NDZIM = Su `leme�ta In ormation ` 9-28-10 Work Session To: Mayor and City Council From: Mike Gaffron, Asst. City Administrator Date: September 23, 2010 Subject: Surface Water Management Plan(SWMP) Completion Attachments: 1 - Bonestroo Letter 9-22-10 2 - Memo and Exhibits of 9-10-10 In addition to the memo and exhibits (attached) provided for your rescheduled 9-14-10 work session, also attached is the City's response to the MCWD comment letter of August 17. Please refer to the packet provided to you on September 10 for a CD of the Surface Water Management Plan. /�r � y� �J 23� ��~��../ Highway 36 W St.Paul,MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com �Bonestroo September 22, 2010 Becky Houdek Minnehaha Creek Watershed District 18202 Minnetonka BLVD Deephaven, MN 55391 Re: Orono SWMP Client Name: City of Orono Bonestroo Project No.: 139-09034-0 Dear Becky: Thank you for taking the time to review and provide comments on Orono's Surface Water Management Plan (SWMP). The comments below are in response to your comments provided in your review memo. We have annotated the review memo to illustrate what comments we are responding to and that document is provided as an attachment. Comment ia: Figure 2.3 has been updated to include all surface water appropriations identified within the City of Orono. Comment 1b: Figure 2.5 has been added and includes all public parks and open space and all water-based recreation locations. Comment ic: Table 2.3 reflects the 303d list of impaired waters. A note has been added at the end of the table to identify the list that is the source of data for this summary table. Comment ld: A map has been added, which identifies all pollutant sources(Appendix H)and a discussion has been added as Section 4.6 that states the following: The MPCA has an inventory of all the potential pollutant sou�ces within Minnesota available on their website under: What's In MyNeighborhood; (www.Aca.state.mn.us). The potential pollutantsources include feedlots, air permits, hazardous wastes, investigation and dean up sites, tanks and leaks, solid waste, and water quality, In the City of Orono the primary issues are investigation and c%an up sites, tanks and leaks, water quality issues, and hazardous wastes(Appendix H). The City can use this database to determine if there are any potential areas that may be contaminated prior to initiating any in�ltration projects or if there are any potential pollutant sources that are causing water quality problems. Comment 2: The following discussion has been added to Section 9.4 of the SWMP: Table 9.3 indicates a reduction that meets the ove�all goal of the Minnehaha C�eek Watershed District's (MCWD)required removal of 230/bs/year. The City has taken extensive effort to attempt to identify projects that meet the phosphorus reduction goals in each of the subwatersheds; however, not all the removals are occurring in the speci�c subwatershed as reguired in the MCWD Comprehensive Water Resource Management P/an(CWRMP). Tf►e Lake Minnetonka basin City of Orono Page 2 - SWMP ReNsions Date is the specific subwatershed that is showing a shortfall and contains the bays of Maxwel% North Arm, North Lower,Jennings Bay,South Lower, Spring Park, Stubbs, and West Arm. The subwatersheds for which the P/an indicates excess phosphorus remova/are Painters Creek and Long Lake Creek. All these subwatersheds ultimately flow into Lake Minnetonka; therefore, the City proposes that this excess from the Painters Creek and Long Lake Creek subwatersheds count towards meeting the overall required reduction. This should be viewed as a trading of phosphorus removal reduction requirements between subwatersheds that all ultimately flow into the same basin, Lake Minnetonka. This will allow the City of Orono to meet its pollutant reduction requirements in the most cost-e�cient manner as fundrng becomes available. Table 9.2 demonstrates the City already faces a budget shortfall and will have to rely on other funding sources to meet the phosphorus reduction requirements; therefore, being able to rely on this trading strategy is a key e%ment in meeting the reduction goa/s. Comment 2a: The following discussion has been added to Section 9.4: Another method being used to reduce the phosphorus loading is implementation of ravine stabilizarion projects. These ravines have likely been showing mino�signs of erosion for hundreds of years; however, deve%pment of the areas without appropriate stormwater controls has led to an increase in erosion and ultimately the need for ravine restoration/stabilization projects. We are basing our phosphorous reduction estimate on when erosion began to increase or worsen and is the justificairon for the timeframes se%ted. The values provided should a/so be viewed as a planning leve/estimate and a detailed analysis will be provided once the projects are completed. The results will be provided in the annual report to the MCWD. In addition to this discussion revisions were made to the discussions regarding CIP-Ci, QP-1, and CIP-7. The underlined and struck out text represents those revisions. QP-C1: The "Offerman Ditch"Ravine Stabilization project(CIP-Ci)entailed the repair of approximately 700'of an eroding swale. The volume voided is based on the cross section �rovided in Apt�ndix F. This swale is assumed to have been eroding since deve%pment occurred in the 1970`s, which altered the drainage patterns and did not provide any on-site storage. The calculated phosphorus reduction for this activity is presented in Appendix F and totals 26.3/b/yr. CIP-1: The Stubbs Bay ravine stabilization(QP-1)calculation is presented in Appendix F. There are actually two calculations:one for restoradon of a catastrophic failure immediately east of Tonkawa Road and another for vegetation management(se%t tree cutting and planbng of grasses and forbs)to the west of Tonkawa Road. The primary failure is 200 feet long, 10 feet in depth, and I S feet in width. We estimate that the failure has been in rhe orocess since this area da�P/ �in(-ha latp 1g80's and have used 20 years for our phosvhorus reduction estimate �We The estimated phosphorus load reduction that can be achieved as a result of this project is 30.2/b/yr. QP-7: The Long Lake ravine stabilization(CIP-7)calculation is presented in Appendix F. Here ravine erosion occurs a/ong the entire 250-foot length with an approximately 8-foot wide by 3- foot deep failure zone. This area was deve%aed without any stormwater manaaement controls in p/ace and it is estimated that the erosion has been occurrina for approximate/y 30 vears. �We City of Orono Page 3 SWMP Revisions Date - #����;�;m��The estimated phospfio�us load reduction that can be achieved as a result of this proiect is 8/b/vr. Comment 2b: The following discussion has been added to Section 9.4: In Table 9.3 two projecCs are identiFed for which the City proposes to partner with the MCWD to meet the phosphorus reduction goals. These projects are the Katrina Marsh and Long Lake Corrido�improvements. The phosphorus removals we are requesting credit for are only a portion of the removals that are anticipated with these two projects. It is the City's intent to contribute the dollar amount identified in Table 9.2 and receive the reductions in Table 9.3; therefore not double counting towards the removal goal. It is the intent of the City to meet the phosphorus reduction requirements;however, this likely will not be feasible without partnering with the watershed on one or more projects. If the City is unab/e to meet the phospho�us reduction requirements with these two projects the City will commit to working with MCWD on other potenrial projects to ultimately meet the phosphorus reduction requirements or identify other projects the City could do. In addition to this discussion revisions were made to the discussion regarding QP-Ci, CIP-1, and QP-7. CIP-11: Under CIP-1 i, Orono proposes to contribute to a MCWD identified project from the Painters Creek Subwatershed P/an—the South Katrina Marsh Improvements. The City proposes to contribute$100,000 to this project in exchange for 50/b/yr phosphorus reduction credit for the contribution. This shall be viewed as a partial daim towards the anticipated 384/b/y� ,vhosohorus reduction for this projecl: . , . . • Comment 2c: The City acknowledges that they will have to work with the Minnehaha Creek Watershed District to determine what level of removal they expect to get once their rules are complete. The 20% reduction from existing conditions is intended to go beyond MCWD's proposed anti-degradation requirements.The removals reported in Table 9.3 are planning level estimates and more accurate information will have to be submitted with each year's annual report once a development occurs. No changes to the SWMP were made to address this comment. Comment 3: A discussion regarding key conservation areas is provided in Section 2.8 as well as Policy 8.6f.The discussion references the Key Conservation Areas provided on Figure 33 of MCWD's CVURMP.This Figure has been provided as Appendix I. Comment 4: This section has been re-titled as'�Purpose". Comment 5: The following revisions have been made to Section 9.5: The Stormwater Utility annuaUy generates approximately$135,000; therefore, the City will need to utilize other funding mechanisms to make up the difference for the estimater.�$232,000 to$331,000 SWMP implementation costs. These costs will be made up by reviewing the annual Stormwater Utility fee and making adjustments to the fee,prioritizing projects, and utilizing the funding sources in the list be%w. If the City needs to prioritize funding towards specific projects it will place highest City ofOrono �9e 9 � SWMP ReNsions Date priority on those projects that give the City the best opportunity to meet the phosphorus reduction goa/s required by the MCWD. Comment 6: A statement has been added to Section 10.3 to say: P/an amendments will be incorporated by fol%wing the review and adoption steps outlined above and be completed within two years after the MCWD CWRMP revision or the next MCWD CWRMP. Comment 7: The following discussion was added to Section 2.8 regarding park and open space integration: The City of Orono has a number of areas designated fo�park and open space within its corporate boundaries, owned and control%d by a variety of entities including the City, Hennepin County, Three Rivers Park District and the State of Minnesota, as well as some areas in private owners�hip. The typical uses at these facilifies may indude recreation, walking,swimming, and passive uses(Figure 2.5). A numbe�of these parks and open spaces have a�eas set aside rn conservation easements o�are designated to have minimal to limited deve%pment that will result in preservation of natura/areas that will provide both eco%gica/and water quality benefits. The most recent ea�amples of such parks a�e the Lurton Park Properly and Big Island Nature Park. Comment 8: Section 4.5, Comparison of Regulatory Standards, and Section 8, Goals and Policies, describes how the City will resolve conflicts between City Code and Water Resource Requirements. Comment 9: Section 3.4 was revised to reference the City Code(82-113(�)that states: the zoning administration shall contact other government agencies or jurisdictions as may be appropriate to seek staff assistance, information, and comments. The City has worked diligently to develop a phosphorus reduction strategy.This strategy is centered on the development of a post-construction stormwater management ordinance, incorporating stormwater improvements with City projects, restoration of eroding ravines, and restoring degraded wetlands. Please contact Mike Gaffron at 952-249-4622 or myself at 651-967-4643 if you have any questions. We trust these responses will adequately address the comments presented in your memo dated August 17, 2010. Sincerely, BONESTR00 /��_* --�R-'T�-'- L__.��..--.,____._._..___. Jesse Carlson, CPESC, CPSWQ Project Manager 651-967-4643 Attachments: MCWD Annotated Letter Copy: Mike Gaffron, City of Orono Tom Kellogg, Bonestroo Dan Edgerton, Bonestroo � �; MINIVEHAHA CREEK �,a; WATERSHED D15TRICT QUALITY OF WATER t� U A L I T Y U F L I F E � Ttl: Mil.e ti�tti-tsn, C'it�- ��(�t�r��nn .I�sse�'urison. F3f�i�e�tru<> P'RO!1'f: F3cck� Ilc,udek. �9innel�ril�a i.'t•eel< �'�tertit��� Di;n�irt UAT[:: August i;, ?0 i 0 SUBJE('T: C'ity at Ur<�n�� i)rHf1 I,�cal ��1'rztcr Man�rgein�ni I'I<�i; 7 hank y�iu fur submitting the City�c�i��►ronr, L��cai V�`�rter �1<i��,age��en� i'{an �Plan)tu �4CW[) fi,r re�ie�; Ml'Vi'I) has cr>rnplcted a re��icti� intcndcd tu pn���idc ger;cral gu�d�tncr rcirr�ed n�arca; wherc the �,Ic�n n��<�1 lack sufficiem detail ��r adc;q�iate acn;�n tu c��m�l� �*,ith �,tate Statutr c,nd ;ldministrali��e (Ziile;as �ell as tl�e MC`1�1'1)('omprehensive V�ater fresnurccs Mana�emrnt 1'I�i�f(�GVfZl�11'). 1q{�W�E)enci>ura�cs the C'itr to revise the Loeal ��ater Managcmrnt Plan and resiihm�t t��i I�-1t.1���1 final apprnval. 11�C'U�`D seekti oppa�rtu�tities t<> ��v��rk ��id� lu�af u�nur�unities un ��ri}alen�eriiation af�:florts to�naintain arid im��r��ve slt�red ��vater res�iurces. Re�ic�t ;�nd a��pro��1 ul thc I �,.;ui ��a�cr�tuiia�;enient Plan is Ihe primary�pportuitit�_y ti�ensure consistenc}�a���i e��ordin.�id��ia r�t ll�ese e��t�,�7s �n the lutur�•. k3e1c>w ia a summar� ��f��iu�revic�r ol�the Citv's Plt�n dated June ?010. C'UMMT.hTS 'T�he Plan d�7es a �uod jub c�i�identif�iu� prc,hlems and s��lutic,n�ancl meetii�� thc reqitirenient, for a t_r�cal Water ti1Nna�emem Plan. �iitl� a �vcll thu��kht nin :�nd ai�ticulated Implemcntati��n ('lun F1uUever, thr Plan does n�t meet statutc�iS+administrative rule5,T1( 1�1�D re�,uiren�cnts in the lull��uin�!arca;: Minnesc�ta Statute 1�3i3 It�uirement, I. !)��sr•r�be the ea�isrrits,�nird pr•upusecl ph{vsical err��n•r�rrmc�r�t<rnd lu�+d u�e fn��entorv items that are n<�t included in thc drafi Plan includc: �a,, • A listing and/or map of ail penniued surface unte���pEir��priation� in the('ic}: `b.---- • A map i�f aU puhlic parl: Anci open spacr in the Cit� and an ir:�entc>r� c,l alf �tialea--b�jsed Eecreati�m locatic>ns: IC. • \�erify tl�at Teblc 3.3 rellects the�ll IC) 31)3(d) ►i�ted in�paircd �+ater�; and ld•.�----` A discussi<m ancl a map of'pullutani suurc;cs ilacludin� hut n<,t liiuited tr� lan�l(ills, diimps, hazardc�us��aste sites, fcedlots,st�rage tanks. •Z� 2. /dEtntifj�sj�e��ijir c�ep.c�o urhn�t���fre unnurrl�rimsph«rti.� l��,ud re�lucti��ns ua:,inrrc�d to tht Citt�iri the A�I('{i"D t:'Gt'R.,1�f1'. l�ht phnsphurus reductitm ��>{an a� �ropu;ed me�ts tlie� Lon� l.f�k� l re�k �ind Paintery C'reek reifueti�ns. but the Luke Minnet��nk.i I)ircct falh shnr-t �if ihr rcquireci reduetic�i7. �l�hc Plan nxist identih �dditii�nal prujerts ui pract�ces the C.►t} «u�IJ iirirlrmr�it tu mrei thc loctd reilurtiu�i lor thiti siibtiater�hz�l. ��;,:� . �,�. We ha�r reviewted the proposed capital projects and ha�e the Iollo�inr couiments: -��. ' Proiects CIP-C I t01�1'ea•man l.)icch�,C`IP_CS__(Casco f'i�in� Swale),C1P-11Stubhs Ba}_Izavine Stabilizatic�n. and C.1P-7 Lon� C.�ikc Ravine 5tabilization) _.�S_ .. _.�_.._.._�._ '� �I he Uirect Volume method of calculatin� lo�d reduction hy streauri �tabilization is an acceptable method, however, rnore detail shc�uld he provided to justify the"volume voided'�and"years'� varial�les. Actual lace area measurements and justification t<7r reccssion rates should be provided The calculations in the a��pendi�c lur the Stubbs l3ay priiject inrluded only the vegetative stabilization poi-�ion of the project; �x,>calc�ilatiun�are shown fix the proposed rep��ir of the catasU�ophic fail�n�e portion of the pr��ject. �b_ • G1P�1.1 IContributi�n to South Katrina Marsh P�ect Frich subwatershed plan in tl�e C1ti'Rh1P includes load reductions from regulation, LGU assigneci load reductian,and District external�jnd internal (oad hrc�jects. �he South Katrina Marsh pr�ject is part of the Uisb•ict's Jennings I3ay external load reduction plan,thus it cannot he used to satisfy the LGU load reduations.'I o do so�vould"double caunt" the reduction.(Note: 'The City hxs proposed Hdditionai BMl's suf(icieut tn ineet the reyuired reduction I'or the Nainler Creek sut��vatershe�l.} ,��. — • Ordinauce Ke��isio�is 'I'he MC'N�i)'s Stormwnrer M�nagement Rule is currently undergoing revision nnd is se.hedul�d to he c�mpleted h��the end c�f the year. 1'he C'ity and MCUVD�;-i11 need to�oordinate to deterrnine how much of a reduction the C`ity c�n be credited with t<�r their proposed ordinance. �,--- 3. /de�rtrfj;Ke�-C'ot�servatiorr Areas (kCA)cn�d assess ncleguac:.t�qf loc•a!p<�fiei�s rn�c�co��trc�ls lo cor�serve�heir flvctrule,�;ic crnd eculoKica] vahres A figure sha�ti•ing the KCAs should be added to the Plan,as weU as xdditiunal discussie�a� describing more specitically how the Cit�• iutends to achieve this management goal. Minnesota Rules 8410 Requirements �{-, ----- 4. Ptn��ase. StaTute requires each plan tc�contain a section titled "Purpose."which explains the purpose of water►rianagement pl�nning. '1'his information is contained in section L I of the Plan,which eauld sitnply l�e renamed"Purpose" instead of"[3ackground." 5, 5. I'inancia!cw�sicleratiu�rs. 'l�he Plan states that the prima�y sourec of fundi��g for the Irnplementation Plan(IP)activities is the Cit}'s stormwater utility, «�hich currently generates abaut $135.000 per year. It is stated that the utility plus other funds such as grants shuuld be sufticient to fund the IP. However,the annual cosr of IP activities varies$232,400-$331,400.The 1'lan should include a discussion of hnw die Ciry w�uld prioritize activities if sulTicient funds�re no� available,or whether the City would consider raising its utility rates to generate more revenue. �---�- 6. A►r�e»clinert�procc:dure. Section 10,3 should note thflt Che C'ity must complete Any amendmcnts to its l,ocal Plan�vithin two years afier tl7e adoption of C'WKN1Y revisions or the next CW1tMl'. Additional MCWD CVVRMP Reyuircmcnts -�,— 7. Park and open s��ace in�e���nlrvn. Discussion should bc added to the Plan describir�g how water resow�ces planning�vill be incorporated with parks and open space planning. I'agc?c�f 3 6 4�. K. f{(',4U�P1!"/���ulrJ}tl�(5 hf'/lt't't�.'!1 L�i(l'[�<IL�,'tltl(�11'ct/r!'0'��.S�:IN't�rC Yii�tiir��!!l�'��LS i�lC ���:1(i S�1�rU�C� (�4JCLfSi �lt_yt�� �Op��iiTS ��eiN�CC11 7tlllltl{p��IC�C.i. SIICh FI� >C'IhAC:}C5, �tltj lti��iel�1"f'�(�UIi:("T IT}�fliirtlll(ill fC��l1i!YIl1Cil[� b4'1�� he il�l�(jYG5tiCt�. �. '�. K�=ni��tia�r,�Jps�r�lin�incn•i���lut,. l�hc Pian al�arz. tl�tai Il�ie t �t)� ct�rren�lv �i�n���a�d� �,relimina���� �lai5 t;� ihe� f)istrict f��r revit:w. hut d�;e� n�>t ii7cl�c�tr ��hr�licr tt�at i�ar� i�fiurmal pi��c�s�ui �,lietlrrr. �4 rcyuiie.i. the suhdi�ision��rdi��an�c r�quire, tl�is infc,r�n�ti��if;�( rc�ir��� 11���ou ha�c qucsti�ns�x u��wld fike tn mrrt i����ii;�u�� an� c•t�thr�I�����r c��ni+n���t,. {�Irasc ttel I��rcc t�� ���nt;�ci Reckv f�{ou�lek ,�r. i��l„•�:�i:.:.� ;:�i�;, �.;L:;t �. ,�� �; �ir�15;���.1";�-ili�)0 �1!. »�a I':a�r i,�1�� � MEMORANDUM 9-14-10 Work Session To: Mayor and City Council � From: Mike Gaffron, Asst. City Administrator Date: September 10, 2010 Subject: Surface Water Management Plan(SWMP) Completion Attachments: A - Draft SWMP (CD version) as submitted to MCWD in June 2010 B - MCWD Comment Letter- August 17, 2010 C - Met Council Comment Letter-June 17, 2010 D - Memo and Minutes from Council Work Session January 13, 2009 E - Memo and Minutes from Council Work Session August 1 l, 2009 F - Table 9.3: 10-Year Phosphorus Reduction Plan Enclosed for your review is a CD of the draft Surface Water Management Plan that has been submitted to MCWD for comment and acceptance prior to adoption by the City Council. Background As required by State law, the City has been updating its 2002 Surface Water Management Plan to be in conformance with the updated MCWD Comprehensive Water Resources Management Plan. Council authorized Bonestroo to update the Plan in January 2009. Their work was substantially completed by Bob Barth in late 2009 prior to his leaving the firm, but submittal to MCWD was delayed by staff pending work on the Comp Plan. Jesse Carlson of Bonestroo has taken over for Bob and completed final Plan details earlier this year. The draft plan was submitted to MCWD and Met Council for comment in June 2010. The comments from those agencies are in Attachments B and C. SWMP Contents Summary The plan is organized as follows: 1. Section 1 offers an introduction to and purpose of the Plan, including a location map of Orono, an overview of Orono's land use and philosophy of ecologically based planning. 2. Section 2 of this Plan provides an inventory of land and water resources within the City including a description of the physical setting, available and pertinent water resources data, and important natural and conservation areas. 3. Section 3 includes a comprehensive documentation of the regulatory agencies influencing the management of surface water resources in Orono. 4. Section 4 provides a current assessment of surface water management in Orono, including stormwater modeling, NPDES permitting process, comparison of regulatory standards, and identification of issues and corrective actions. 5. Section 5 describes in detail Orono's surface drainage system. 6. Section 6 presents Orono's wetland management program and identifies wetland restoration and enhancement opportunities. SWMP Completion September 10,2010 Page 2 7. Section 7 provides technical background for designing surface water management systems in Orono. 8. Section 8lists the goals and policies identified to address surface water management needs in the City. 9. Section 9 summarizes capital projects currently planned with known funding sources to implement the goals and policies listed in Section 8, as well as potential activities and funding mechanisms including the MCWDs modeling program, Orono's MS4 permits, and an identification of potential issues and corrective actions. The capital improvement program plan items institute a series of projects over the next 10 years to reduce Orono's phosphorus discharge. 10. Section 10 outlines the continued administration of this plan with respect to plan updates and amendments, as well as annual reporting requirements to Minnehaha Creek Watershed (MCWD). Items for Discussion Please particularly read through Chapter 9 of the SWMP, as it contains the implementation elements of the Plan. In order to meet MCWD requirements for phosphorus removal, a number of stormwater system improvement projects have been identified and placed in a 10-year CIP that is fairly ambitious, but necessary given that many of these projects were included in the 2002 SWMP CIP but never were accomplished, due to a variety of factors. Orono's Stormwater Utility generates approximately $135,000 per year, while the proposed CIP has an annual cost of $250,000-300,000. Options for making up this deficit may include limited increases to the stormwater utility rates, partnering with MCWD or others, and a more aggressive approach to pursuit of grant money. Additionally, note that while MCWD currently administers the Wetland Conservation Act (WCA) for Orono, proposed Water Resources Management Policy 8.Sa on page 90 of the SWMP indicates Orono will within the next 12 months consider the option of assuming administration of WCA responsibilities to ensure no net loss of wetland functions and values. This was discussed by Council in August 2009 (see Attachment E) and will be followed up by staff. Staff and Bonestroo have met with MCWD staff to discuss the issues noted in the comment letter of August 17 (Attachment B) and most of those issues are being addressed by providing additional information, text or maps. However, perhaps the most difficult issue to address is meeting the numerical phosphorus reduction goals established for Orono by MCWD. While the draft Phosphorus Reduction Plan (Attachment F) meets or exceeds the goals for the Long Lake Creek and Painters Creek subwatersheds, meeting the goals for the Lake Minnetonka Direct subwatershed is more difficult. This is due to most of that area being developed with relatively small lots and having short direct runoff patterns, limiting the opportunities for projects that are cost-effective in terms of pounds of phosphorus reduced per dollar expended. Because both the Long Lake Creek and Painters Creek subwatersheds ultimately drain to Lake Minnetonka, we have requested MCWD consideration in allowing credit toward Lake Minnetonka Direct for the excess reductions proposed for these two subwatersheds. SWMP Completion September 10,2010 Page 3 SWMP Adoption Process Jesse Carlson is preparing final materials to address the MCWD comment letter for submittal of that infortnation to MCWD next week,with the expectation that the MCWD board will take final action before their 120-day deadline of October 15. Because the updated SWMP is technically an amendment of the 2002 SWMP, a public hearing at the Planning Commission is required. This is being scheduled for the October 18 PC meeting, with formal adoption by Council to follow on October 25. This schedule is necessary to have the SWMP in effect by November 1, which is a requirement of the BWSR Clean Water Fund Grant application process for FY-2011 (related to the grant request for the Stubbs Bay Ravine project). Tuesday's work session discussion is to provide council with a chance to be familiarized with the SWMP and ask any questions you may have in preparation for final action in October. L� . MINNEHAHA CREEK � WATERSHED DISTRICT QUALITY OF WATER QUALII' Y OF L1FE TO: Mike Gaffron,City of Orono Jesse Carlson,Bonestibo I�'RUM: Becky Houdak,Mimlehaf�a Crsek Watershed District DA7'E: August 17,2010 SUBJECT: City of Orono Draft Local Water Manag�me.nt Plan Thank you fnr subrnitting tha City of Orono LocallrVater Management Plan(Plan)to MCWD for review. MCWD.has completed a review intended ta provide general guidance related to areas where the pinn rnay lack suffscient detail or adec�uate action to comply with State Statuke and Aciministrative Rules as well as the 1VICWD CompreUeasive Water Resources Management Plan(CWRMf).MCWD enco�.irages the City to revlse the Local Water Management Plan snd resubmit for MCWD fnal app�bval. MCWU seeks oppoitunities to work with local comnnunities on implementatian of effarts to maintain and improve shared water rosolircas,Review and approval of tMe Local Water Mana�en�ent Plan is tlia . primary opportunity to enswra consistency and coorciination oftl�ese efforts in th�future.Below is a sum►nary Qf our yeview of tlie City's Pian dated June 2010. , COMMENTS The Ptan dnas a gond job of identifying problems and solutions and meeting the reqi�irements for a Local Water Management Plan,with A well thought ont and at�ticutafad Irnplementation Plan.However,the Plan does not meet statutory/administrative rales/MCWD��equirements in the following areas: Minnesota Sta�rta 1038 Requiraments 1. DescriBe tlre existing and propvs¢d physical envir�onment al�d land use. Inventary itams that are not inclt�ded in the draft P(an include: ■ A listing and/or map of all pertnitted suc�face water appropriations in the City; ■ A map of all public park and apen space in the City and an inventory of al]water-based recc•eation locations; ■ Varify that Table 2.3 ►�eflects the 2070 303(d)listed impaired waters;and ■ A discussion end a map of pollutant snui�ces including but not limited to landClls,dumps, hazardot►s waste sites,feodlots,storage tanks. 2. .Ident�//'y spec�ie steps ta aehieve the cmnztal phosphortrs locrd redzretlons assignecl to the Crry in the MCWD CWR�Ii'. The phosphorus��eduction plan as pcvposed meets the Long L,ake Creek and Painters Creek reductions,but the Lake Minnetonka Direct falls short of the required reduction.The Plan must identify additional projects or�ractir.es the City could implement to meet the loAd reduction for this subwate�shed. Page 1 of 3 - . , i -, . � � � ; We have reviawed the proposed capital projects and have the following comments: ■ P�oiects CIP C1 (Offerman Ditch�,CI�,' CS (Casco Point Swale) CIP-1 (Stubbs Bay Ravine I � Stabilizafiio�) and CII'-7�,I,ona Laka Ravine Stabilization� The Diract Volume method of cslculating load reduction by stream stabilization is.an accaptable : method,however,moro detail gliould be provided to justify the"volume vnided"and"yBars" variables.Actual face area measurements and just,if"zcation for recassion ratas shouId be pravided. The calculations in the appendix for the Stubbs.Bay project included only the vegetative stabilization portian of the project;no calculations are shown for the praposed t•epair of tl�e i catastrophic failure pnrtion of the pro,�ect. i � i ■ CIP-11 Contribution to South Katrina Marsh Project) . Esch subwatershed plan in the CWRMP includes load reductions from regulation,LGU assigned ' load retiuction,and District external and intarnal load projects.The South Katrina Marsh project � is part of the District's Jennings Bay external load reductian plan,thus it cannot be used to satisfy � tl�e LGU load reductions.To do so would"double count"the reduction.{Note:The City has ; proposed addltional BMPa sufficient to meet the required reduction for the P�inter C�•eak ; subwatei�shed.) i ■ Orc��t�anca Revisions The MCWD's Stormwater Management Rule is currentty undergoing revision and is scheduled to j be cornplated by the end of the year.The City and MCWD will nead to coordinafe to determitae i how much of a reduction the City can be credited with for their proposed orciit�snce. i 3. Ident�Key Canservation Areas(KCA)cnzd assess adequacy of local policres and controls to corrserve their hydrologic atul ecalogical valztes, A fig�ue showing the KCAs shauld be added to the . Plan,as well as additionat discussion describr.ng more speci�catly how the City intends to achiave j this znanagement goal. Minnesota ules 8410 R�viremants ' � 4. Purpvse. Statute requires eaoh plan to contain a section titled"Purpose,"which axplains the purposa of water management planning.This informa�ion is contained in section 1,1 of the Plan,which could � simply be ren�uned"Purpose"instead af"Background." ; 5. Financial considerations, The Plan states that the primary source of fimding for the Implementation i Plan(IP)activities is the City's starmwater utility,whioh aurrently generates about$135,OQ0 per year.lt is stated that the utility plus othar funds such as ga�ants should be sufficient to fund tha IP. However,the annual cost of IP activities varies$232,400-$331,400.The Plan should inctude a � discussion of how the City would prioritize aetivities if sufficient funds are not availabJe,or whether ' the City wauld consider raising its utility rates to generate more revenue. i 6. Amendment procedure. Section 10.3 should note tk�at the City n�ust complate any amendments to its Local Plan within two years after the adoption of CWRMP revisions ar the next CWRMP. Additional MCWD CWRMP Requirements � 7. Park and open space integration. Discussion should be added to the Plan describin�how water resourcas ptannuig will be incorporated with parks and opan space planning. � Page 2 of 3 ! j i I .r 8. Resolving conflicts between cJly code anc�w��ter��esoarrces requir�ense�tts. Tl�e Ptan ahould discuss h.ow conflicts between zoning codes,such as setbacks,and water resatu•ces management requirements will be addressed. 9. Revfew of�reliur�naryplats. The Plan states tliat the City curcently forwards prelimina�y plats to the District for reviaw,but dces not indicete whath�r ttiat is au info��tnal process or whether,as rec�uired, the subdivision ordinance requires tl�Is infa•mational reviaw, If you hava quastions or would lilca to meet to discuss zny of ti�e above comments,please feel free to contact Becky Houdek at: bhoudek(cr�,�ninn�hahacreek.o�or 952-�71-0590 ext.229 Pege 3 of 3 Orono City Council � r � Committee of the Whole � � January 13,2009, 6:15 p.m. Orono City Council Chambers Present: MayorJim White, Council Members Lili McMillan, Doug Franchot and Cynthia Bremer;City Administrator Bill Wells, Finance Director Ron Olson,Assistant City Administrator for Long- Term Strategy Mike Gaffron, City Clerk Lin Vee 1. Ken Potts—Contract Services and Rates • Ken Potts explained that he works with criminal cases, moving violations and court appearances. The bulk of his work is with DWIs and domestic violence. Fine revenue has been pretty good. He also handles vehicle forfeitures related to repeat DWI offenders. • Potts works with Campbell Knutson on some civil cases, as well as ordinance changes. The Hollander situation is an example of a recent case. Civil cases are difficult in criminal courts. Judges aren't very sympathetic to property violations when they handle violent crimes on a regular basis. • The LMCD processes BWIs. • Potts also works with the Minnetrista and South Lake Police Departments. 2. RideNet • Evelyn DeSmet, RideNet Community Coordinator, explained the RideNet program. The agency is basically a referral service. It is a non-profit organization that works under a for-profit organization out of St.Cloud. Hennepin County contracted with them to provide service to Hennepin County residents. • The Call Center is based in St. Cloud and calls are answered 24/7. The dispatch center reviews area transportation options and coordinates existing transportation if possible. They like to have 24-48 hours notice. All arrangements are made for the user. • The cost is$2.50 for a one-way trip if transportation is provided by RideNet. If the user has a medical appointment and insurance covers transportation, RideNet bills the insurance company. Dial-a-Ride and Metro Mobility are two existing local options that RideNet often uses for area residents. • DeSmet requested that Council share information about the program with others and asked about good locations to leave"rack cards" so residents have an opportunity to learn about the program. • The program has been well received by those who know it's available. DeSmet is in the area 3 days during the week and could stop anytime to drop more cards off or answer questions. • At their website www.ctridenet.com, another program is available called "Drive to Own"which helps low income individuals purchase a vehicle. The program allows purchasing of a vehicle for $40 per month by providing rides for others. 3. Fee Schedule Review • Fee increases will be part of the budget process in the future. • Some of the fee increases were based on the Municipal License and Fee Survey that is put out by the Association of Metropolitan Municipalities every 2 years. Orono is compared to other cities in the 2,500-10,000 population range. In many instances,Orono's fees were in the low SWMP Update January 9,2009 Page 2 Funding. Base cost of the SWMP update is $18,900, with additional time as needed at standard Bonestroo hourly rates for work on the Phosphorus Reduction Plan. The Level 1 or Level 2 Design Guidelines would be an additional $2,500 or $3,600 respectively should Council choose to add that to the mix. This mandatory update will be funded from the Stormwater Fund, which currently is at a level of approximately $727,000. The Stormwater fund has two input components: the quarterly Stormwater Utility Fees which generate approximately $120,000 per year; and the Stormwater & Drainage Trunk Fees paid by new development, which generates variable amounts from year to year depending on the level of development activity. For example, development of Stonebay Outlot A will generate approximately $25,000 in SW&D Trunk Fees. Note that expenditures from the Stormwater Fund have been minimal to da.te, and we have not made much progress toward implementing projects in the 5-year Stormwater CIP that was established in 2002. As part of the update, the Stormwater CIP will be revisited. COUNCIL ACTION REQUEST Staff requests Council authorization at the January 13 work session for Bonestroo to proceed immediately with work on the SWMP update and Phosphorus Reduction Plan, with formal action at your January 26 meeting. Additionally, Council should provide direction as to whether a Design Guide should be prepared at this time. - Rule N: Stormwater Management for Land Development Projects MCWD Rule N covers many subject areas including rate control and water quality protection. Many of the performance stipulations within Rule N will be presented in Orono's Local Surface Water Management Plan update, which will soon be submitted for Watershed review. However, Orono will require a stormwater management ordinance to make these performance stipulations part of City Code. In writing this ordinance, the City must also search out and strike any previous ordinance provisions for stormwater system performance that might occur in other ordinance chapters. Administration of Rule N by Orono requires speciai expertise in hydrologic, hydraulic, and water quality analysis that cannot be provided by current City staff. Consequently, Orono wiil likely use a consultant to assist in administering this rule. Typically, Orono will use Rule N for development projects. Staff and consultant time to review projects under this and other rules shouid be reimbursed by the project proposer as part of an escrow payment to the City. Summary: According to MCWD staff, �ve municipalities have assumed authority for one or more of the four rules identified above. These include Wayzata, Mound, Minnetonka, Rich�eld and Chanhassen. The key factors that allow these municipalities to assume and maintain the permitting authority are: ❑ Ordinances were adopted or revised that conformed to Rules approved by the MCWD, ❑ Ordinances have been enforced and MCWD approval of variances sought, ❑ Technical expertise and program resources have been maintained, ❑ Compliance is monitored and periodically reviewed with MCWD. Since MCWD has rewritten rules B and C and will soon adopt these revisions, Orono should wait a few months before initiating the ordinance revisions necessary to assume authority under these rules. A prospective schedule for all activities necessary to assume authority for MCWD Rules B, C, D and N is as follows: ❑ Fall, 2009: Obtain MCWD approval of Orono's Local Surface Water Management Plan with text in the Plan stating that Orono intends to assume authority for Rules B, C, D and N. ❑ Winter, 2009-2010: Orono and MCWD enter into a Memorandum of Understanding for implementing the Pian. o Spring, 2010: Orono revises it ordinances as needed to make ordinance consistent with MCWD rules. ❑ Spring, 2010: Orono and MCWD revised their MOU to allow Orono permitting authority for the rules Orono wishes to administer. MGaffron RBarth^Orono LGU Discussion 8-10-09.doc Page 3 of3 Orono City Council Committee of the Whole August 11, 2009, Following Council Meeting Orono City Council Chambers Present: Mayor Jim White, Council Members Cynthia Bremer, Doug Franchot, Lili McMillan and Jim Murphy; Police Chief Correy Farniok, Finance Director Ron Olson, Assistant City Administrator for Long-Term Strategy Mike Gaffron, City Clerk Lin Vee, Zoning and Planning Coordinator Melanie Curtis, Building Official Lyle Oman, Public Works Supervisors Don DeBaere and Scott Oberaigner and City Engineer Tom Kellogg 1. Trail Crossings Update • Hennepin County is in the process of removing crosswalk stripes in next 3 weeks. • Correy spoke with Boe Carlson and Three Rivers Park District is still reviewing Orono Orchard Road crossing. • Three Rivers Park District has been doing educational stops with warnings given on the Dakota Rail Trail. Warnings have been given regarding speed and rudeness of bikers. The Park District will transition to enforcement/citations rather than warnings per request from Minnetonka Beach and Mound. • Orono would need to adopt the Three Rivers Park District park rules for the City to also enforce. • All the stripings in crosswalks for the Dakota Rail Trail will be removed in Orono. This is consistent at crosswalks from Wayzata through Mound. • Miscellaneous trail information o Staff is reviewing the County Rd 6/Old Crystal Bay Rd crossing. The striping may also be removed at this intersection as it can be confusing to vehicles as to whether the vehicle is stopped to make a turn or to allow pedestrian crossings. o Mike has been working on scheduling a meeting to present plans for the County Rd 19 trail with the cities of Shorewood,Tonka Bay and Orono,Three Rivers Park District and Hennepin County. The meeting could include up to 40 people. Since there may be some scheduling issues at the Freshwater Center, Council suggested holding an early morning meeting in the Orono Council Chambers. o Correy and Don attended a Hennepin County meeting regarding an electronic sign that will be installed in the next few weeks at the transition point for a speed change near Orono Orchard Road and County Rd 15. They requested that the sign be moved back about 100 feet from the proposed location. The sign is part of a grant. If additional funding is available, similar signage could be placed on County Road 6 when highway work is done in Maple Plain. 2. Discussion Regarding Consideration to Become LGU for Wetland Conservation Act and Other MCWD Jurisdictional Areas • In 2002, Council approved a stormwater management plan. According to the MCWD, once an erosion control ordinance is in place,the city is eligible to take over 4 different permitting functions as described in the memo provided by Bob Barth, Bonestroo. • Pros for the City assuming permitting functions: o Better control over Orono projects; examples would be the Stonebay wetlands and frustration with Casco Point project. o Permitting process would take less time and be less expensive. o Decisions would be more timely as the Watershed staff sends most issues to the Board for final approvaL Page 1 of 4 � • Cons for the City assuming permitting functions: o Additional workload for current staff. Staff would administer some of the program and rely on others with expertise. o Staff would need some training. Bonestroo staff is an additional resource. • Council questioned if concerns have been communicated to the MCWD. Staff has attempted to discuss issues with the MCDW. • Council directed staff to prepare a list of issues to provide to the MCWD with an opportunity for the MCWD to discuss and respond. McMillan and Murphy would be willing to meet with Eric of the MCWD and Orono staff. The MCWD receives tax money, and it would be preferable that they are involved in local watershed issues and the permitting process. 3. Casco Point Reconstruction Project Update • Casco Point Proiect Schedule. Plans are to start the toughtest piece on Casco Point next week. Because CenterPoint Energy got in late to do their work, it affected the contractor's work schedule. The City probably owes the contractor some additional time. Provided the weather holds, the substantial completion date is August 28. The goal is to have the project done before school starts. The road should be rocked and ready to drive on by September 8; if not, provisions will need to be made to be able to get buses in and out. Weekly updates are posted on Mondays on the City website with a review of the previous week's work and plan for work of current week. Staff has considered having the contractor bring in an additional crew, but this would create more inconveniences for the neighborhood and may generate more complaints. The neighborhood may see two crews to maintain the completion schedule as be acceptable and worth the inconvenience. Further discussion may be needed. It is important to keep people informed. The bag of information that is distributed from door-to-door has been very helpful. Add a reminder to go to the website for additional information. The last portion of soil remediation will be completed next week. Council noted that residents have received knowledgeable, polite and efficient responses to their questions. • Schedule for Mill and Overlav. The project includes mill and overlay this year for a portion of the road from Casco Avenue to Casco Circle. The mill and overly work is non-intrusive and would take 2—3 days. Staff has discussed delaying this work until next year to allow one freeze/thaw cycle. The price for bituminous was included with this year's bid. Waiting until next year adds the risk for prices to be higher and the neighborhood may object to another disruption. Staff noted that waiting until next year will provide a better job overall, and that the contractor would come back next year to fix settlements and do the final course. Council directed staff to delay the mill and overlay for this project until next year. • Insurance Claims Discussion. In the past,staff has been directed to be proactive and get a cleaning crew out right away when a home has damage from a sewer backup. In the recent insurance claims, the City's insurance adjuster recommended the property owner contact their own insurance company first. The League's insurance will not pay if the damage is not the City's fault. Staff noted that the City may need to be more proactive with sewer issues. It is important to be consistent in handling these situations. Fundamentally it is not the City's responsibility to call a cleaning crew unless we know it's the City's fault. The homeowner's insurance company may use specific companies and there is some liability to the City when entering a home without proper releases. It was determined that the policy will be to have the homeowner call their own insurance company first unless City staff believes the City has any liability in the damage. • Mvrtlewood Utilitv Proiect Uqdate. All pipes are in the ground and are being tested. Site restoration is in process. The contractor is ahead of schedule. Fire hydrants are installed in the Myrtlewood neighborhood and at the Comforts of Home property. An additional valve that was not in the original plans has been added. Staff commented that the contractor's crew was very good at cleaning up the site as work progressed. Page 2 of 4 C . � ,..._--- . Table 9.3- 10-Year Phosphorus Reduction Plan Long Lake Creek Phosphorus Lake Painters Reduction(Ib/yr) Minnetonka Creek ID Activity Description Phosphorus Phosphorus Totals Upstream LOn9 Reduction Reduction of Long Lake to (�b/yr) (Ib/yr) Lake Tanager Lake CIP-C1 ��Offerman Ditch"Ravine 263 26.3 Stabilization Fox Street near western CIP-C2 terminus dry pond/ 0.7 0.7 infiltration CIP-C3 North Shore Drive and 0.7 0.7 Shad wood Road rain arden CIP-C4 Bracketts Pt. Road nd 0.7 0.7 Casco Point rain gardens, �p{5 sump manholes, restored 1.5 1.5 swale CIP-1 Stubbs Bay ravine 32 32 stabilization CIP-2 Stubbs Bay Wetland 15 15 Restoration CIP-3 Willow Drive Roadside BMPs 2•7 2•� Fox Street/Old Crystal Bay CIP-4 Road Ponding and 1.7 1.7 Conve ance Im rovements CIP-5 Orono Orchard Road 4.0 4 Roadside BMPs CIP-6 Long Lake Wetland 16 16 Restoration CIP-7 Long Lake Ravine 12 12 Stabilization West Lafayette Road CIP-8 Roadside BMPs and Water 1.6 1.6 uali Im rovemerrts CIP-9 Forest Lake Landing Water 0.38 0.38 uali Im rovements CIP-10 Old Crystal Bay Road 2 5 2.5 5 Roadside BMPs CIP-il Contributions to South 55 55 Katrina Marsh Im rovements CIP-12 Long Lake Creek Corridor 2� 20 Im rovements �_i Stormwater Ordinance 20% 0.93 0.89 12 0.18 14 P-reduction OM-1 Street Swee in 9.0 9.0 19 9.0 46 OM-2 Sum Manhole Cleanin 1.4 1.4 TotalObtained Ib/ r 67 35 88 67 257 Total R uired Ib r 35 31 152 12 230 Note:CIP-C#refers to completed capital improvemenks City of Orono �Bonestroo Page 100 Surface Water Management Plan range of fees charged for similar permits and licenses. Staff attempts to keep fees comparable to other cities and avoid extreme increases in one year. Various permits related to building, such as mechanical and plumbing, have not been increased in 5 years. • Sewer and water connection fees are unique to Orono and are based on initial construction costs of a project. An inflation factor is considered each year,generally in the range of 3%. • A 3%increase in sewer and water rates has been standard over last several years. An annual increase avoids a large increase in one year. • The Police Special Services rate is for an Officer who is paid at the overtime rate to provide special services at private functions or at Lord Fletcher's. A fair amount of revenue is collected over the year. • Planning and zoning fees have not been increased since 2004. A review was completed in 2003 when the basic application fee was$250. After the analysis, staff determined that a more accurate fee for the complete zoning application process was over$600, and the fee was increased in 2004 to $600. Staff felt it was an appropriate time to establish another increase. An option would be to increase these fees annually at 39�0. Zoning application fees probably never totally cover the cost of staff time involved in the application process. • Council Members indicated the proposed changes to the 2009 fee schedule were acceptable. 4. Surface Water Management Plan Update—Authorize Commencement of Work • Bonestroo completed a SurFace Water Management Plan (SWMP)for the City in 2001. There are a number of mandates that have occurred since formal approval of the plan that need to b addressed. A significant change is the requirement to meet specified levels of phosphorus reduction. • Because of the level of expertise required to address these changes, staff has discussed a proposaf to update the SWMP with Bonestroo. The intent would be to complete the update of the SWMP in conjunction with the update of the Comp Plan. • The update could be funded from the Stormwater Fund. This Fund has 2 sources of revenue— quarterly fees and new development. Not much revenue in the future will be generated from development. The City will need to spend $20-25,000 to get the plan up-to-date. • Another element for consideration is to create a Design Guide that can be given to developers planning to work in the City. Bonestroo has two levels that could be done. Another option would be to have staff work on a Design Guide as time permits. • Council Members indicated approval to proceed with Bonestroo to work on the SWMP update and Phosphorus Reduction Plan, with formal action at the January 26`h meeting. Staff will give further consideration as to how and at what level the Design Guide should proceed. • Part of the SWMP includes a CIP for$2,500,000 of stormwater improvements. Very little work has commenced, and the City has fallen behind in stormwater emphasis. The first 5 years of projects were priorities that the City identified,with most involving remedial work that needs to be done. Some of the Casco Point reconstruction work will involve stormwater improvements. 5. Process for Visioning and Strategic Goal Setting • Discussion with the Council and City Administrator. . �1 2335 Highway 36 W St.Paul,MN 55113 Te1651•636•4600 • Fax651•636-1311 www.bonestroo.cam lanuary 8, 2009 �.�`Bonestroo � Mike Gaffron Assistant City Administrator for Long Term Strategy City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Proposal for Surface Water Management Plan Dear Mike, 8onestroo is providing you with a proposed scope of services and cost for the following: : 1. Update Orono's 200Z Surface Water Management Plan 2. Prepare a summary of the Surface Water Management Plan for the Environmental ManagementlProtedion Plan within Orono's Comprehensive Plan 3. Prepare a Phosphorus Reduction Plan that meets Minnehaha Creek Watershed District requirements. Scope of Services Surface Water Management Plan Task 1: Project Initiation and Management We will rely on existing sources of data to prepare the SWMP, These existing data inclutle USGS maps, . aerial photographs,and other Department of Natural Resources, Metropolitan Council or Watershed Management Organization mapping resources, We propose one meeting with staff since our praposed schedule calls for rather quick delivery of a draft report for staff review. Periodic check in with staff wili occur through phone calls and email. We have allocated time for a brief presentation to City Council. Task 2: Assessment The SWMP assessment section will identify local and regional water resource issues and potential corrective adions that could involve Orono. The assessment section will focus on TMDL or water quality assessments ongoing or planned including Minnehaha Creek's Phosphorus Load Reduction requirement and the 230 pounds of phosphorus reduction determined for Orono. Issues and potential corrective actions will be . identified based on input from Orono staff, the 2002 SWMP, and MtWD sources. Items from the 2002 SWMP table 7,18 will be revisited as to whether the assessment of these items as current problems is still vaiid. Any gaps or tliscrepencies in regulatory controls will be identified within this section. This will be a new section for the Orono SWMP. • Clty of Orono Page 2 Surface Water Management Plan January 8,2009 • Task 3: Update Sectivns of the 200Z SWMP Task 3 involve5 significant update to sections of the 2002 SWMP based upon regulatory changes that have occurred since 2002 and based upon guidance from Metropolitan Council in their 2030 Water Resources - Management Policy Plan. These updates are described as follows: • An Executive 5ummary of Orono's updated SWMP will be provided as required by statute and . Metropolitan Council. • The 2002 SWMP Introduction will ae rewritten to reilect current regulation regarding local surface water management plans. The introduction will be augmented by describing the specific purpose � o(Orono's updated SWMP. • The Physica) Environment section will be updated to reflect new information regarding water resources within Orono and water resources to which Orono discharges. � The Goals and Policies Section of Orono's SWMP will be updated to reflect back on priorities identified within the assessment and to set the stage for fhe praritized implementation program. • The System Description and Technical Background sections will be left largely intact but will updated to complement updates to other sections af the SWMP and to better reflect current, _. accepted water resources management practices. • The Wetland Management Section will be updated to reflect results from MCWD's own wetland � inventory and to reflect any changed regulation regarding wetland management. • The Implementation section of the 2002 SWMP will be signiiicantly updated to include new implementation priorities for capital projects, implementation of new regulatory contrals such as ordinance updates, and SWPPP implementation such as public and staff education, inspedion, and public works practices. The updated Implementation Section will prioritize implementation items in the form of an implementation pragram and will consider the financial implications of these implementation items. � A section on Amendrnent Procedures and Plan Administration will also be provided. - • An appendix or report discussion will be added to reflect current water resource management . agreements to which Orono is a party. Task 4; Revise Comprehensive Plan Chapter - When the tasks described above are substantiatly camplete,we will update the Environmental ManagemenVProtection Plan within Orono's Comprehensive Plan. We anticipate approximately 10 to 20 pages of revisions to update this chapter according to the content of the SWMP. Task 5; Report Production, Review and Approval We propose iwo hard copies of the first draft report for City staff review as well as an electronic(,pdfl version. We propose 4 hard copies af the second draft—one each for Minnehaha Creek Watershed Ristrict, Metropolitan Council, Hennepin County, and City staff, Hennepin County conducts a brief review af the SWMP to determine its impact on their groundwater plans. As with the first draft,we will create a .pdf of the second draft, � Following agency review,we will prepare a final report, Under the fee proposed here,we will provide 4 hard copies of the final report and an electronic version as described above. We will organize the report in a three ring binder with tabs similar to the current report, All report sections(those updated and those from the�002 SWMF)will be consistent in font and formatting. Several 8-1/2 x 11" figures will - complement the report sections. Examples of appropriate figures include; • Location Map(by Bonestroo) ' Clfy of Orono Page 3 Surface Water Management Plan January 8,2009 • 2030 Land Use Map(from City) • Existing Land Use Map(from City, if available) . County Biological Survey(from pub{ic sources, prepared by Bonestroo) • Wetland Functions and Values Map�either from previous City work or from new work by MCWD, formatted by Bonestroo) • Figure showing the following four subwatersheds(for the purpose of the Phosphorus Reduction Plan): o Long Lake Creek upstream of Long Lake o Long Lake Creek from Long lake to Tanager lake o Painters Creek o Lake Minnetonka • Soils map(from public sources, prepared by Bonestroo) � • Implementation Priorities Map(prepared by Bonestroo) • DNR PWI map(from public sources,formatted by Bonestroo) The Surface Water System Map from Orono's 2002 SWMP will not be modified but will be included in the updated SWMP. Appendix 5ections A through F will be inserted into the updated SWMP as currently - formatted and withaut revision ar update. Appendix G will be updated to reflect changes in practices and Orono's new Gaals and Policies, Appendices H and I will either be integrated into the Wetland Management Sectian or replaced as appendices by materials prepared by MCWD that are more consistent with their wetland management program. Typical agency review comments for a SWMP run one to two pages for smaller tommunities and can generally be resolved for$9,500 in labar cost. We assume,for the purposes of our fee estimate,that the watershed comments are of similar scope. Schedule Once authorized to proceed,we can have a draft report to City staff in eight weeks. Once staff comments are received we will then submit the SWMP to Metropolitan Council, Minnehaha Creek Watershed District � and Hennepin Counry. Minnehaha Creek Watershed District has 60 days to review the plan after which we re5pand to their comments and obtain their board's approval of Orono's SWMP. Subsequent to this the Orono tity Council adopts the SWMP and an approved copy is sent to Metropolitan Council, The following table summarizes aur proposed schedule. Item Timeframe Authorization to roceed lanuar 12, 2009 Cit staff be ins review of draft SWMP March 10, 2009 Cit staff comments obtained March 31, 2009 A enc review be ins A ril 8, 2009 A enc cornments due June 8, 2009 Revised SWMP and MCWD board approval 1uly, 2009 Orono Cit Council ado ts SWMP Au ust, 2009 We will submit the revised Environmental ManagemenUProtection Plan for Orono's Comprehensive Plan by � February of 2009 so staff can proceed on assembling the comprehensive plan for community review. Clty of Orono Page 4 � Surlace Water Management Plan January 8,2009 Proposed Compensation We propose a fee of$18,400 for the work described above. Miscellaneous expenses would be billed as encountered and are estimated at$500. The proposed fee includes printing reports as described above. If - additional reports are desired,we would gladly print these for the City on a time and materials basis. We could provide a cost quote for additional reports if requested. Hourly 7ask: Development of a Phosphorus Reduction Plan As required by Minnehaha Creek Watershed District, Orano must develop a plan to reduce phosphorus in its surface water discharge by 230 Ibs/yr over the 10-year span covered by the updated SWMP. This effort entails identifying potential projects and development controls and quantifying their benefit toward phosphorus reduction. We will also review projects since 2000 and apply phosphorus reduction obtained from these to the 230 pound target identified by the watershed. On lanuary 7, 2009 we met with Minnehaha Creek Watershed Distritt to discuss the autline of the _ phosphorus reduction plan. We determined that Orono's best course of action entails a collaborative and iterative process with the watershed. As we discussed, Orono will develop its initial draft through the - combined efforts of Orono and Bonestroo staff. Subsequent revision to that draft due to watershed tomments may also involve the combined efforts of Orono and Bonestroo staff. The Phosphorus Reduction Plan will be a separate section of the SWMP but will be integrated with other applicable sections including the Assessment, Goals and Policies,and Implementation Sections. We propose that the Phosphorus Reduction Plan rely on modeling already completed by the watershed and not on new modeling performed by Orono, � The level of effort needed to prepare a Phosphorus Reduction Plan is somewhat uncertain. This consideratian and the fact that City and Watershed staff resaurces will be used, leads us'to recommend hourly compensation for this specific work item. Potential Supplernental Services As we discussed at our meeting, Orono might benefit by having a cohesive and single source of stormwater design guidance. A level one design guide takes the form of a several page document outlining: t, Submittal requirements Z. Design requirements for stormwater infrastructure 3. Performance measures(valume,water quality,and rate control)and how these are evaluated The design guide complements the SWMP by providing more detail on specific elements of the stormwater system and by outlining how different parts of the system are analyzed, A level two design guide adds more introductory discussivn on design and modeling theory—further cementing a consistent approach to design and analysis within Orono's stormwater system. We have an example of a level one and level two design guide that we could provide for your review. We could prepare Orono's de5ign guidance for the following compensation: • Level 1: $2,500 • Level 2; $3,60� � Chy of Orono Page 5 Su�face Wafar Management Plan January 8,2009 � The following table summarizes our proposed compensation. Item Com ensation �Surface Water Mana ement Plan $18,900 � Phos horus Reduction Plan Hourl Level 1 Desi n Guide or $2,500 Level 2 DeSi n Guide $3,600 I will be involved in project oversight, contract management, and invoicing. If you have any questions regarding this proposal please contact me at b51-604-4740. Sincerely, BON R , INC. Bob Barth � Project Manager Cr.Tom Kellogg, Bonestroo • .!� . , ��R�� l C...�C�)Irl (�J�. � 1,. Y Y�����.!tP.\ ' ..�-""� . \...,.. ���� 8. Map showing the service areas through 2030, staging plan if available,and any proposed changes in governmental boundaries affecting the community, including any areas designated for orderly annexation. b. Local Surface Water Management Plan Elements Background In the Twin Cities 1Vletropolitan Area, all cities and townships are covered by one or more watershed management organization(WMO). WMOs are required to prepare plans to address watershed management issues (see Minn. Stat. Sec. 103B.201). Cities and townships are required to prepare local water management plans that are consistent with all applicable WMO plans (see Minn. Stat. 103B.235). ln addition, Phase I and II NPDES MS4 permit communities are required to prepare stormwater pollution prevention plans (SWPPPs). Some MS4 coinmunities are listed as nondegradation communities and required to provide information in their SWPPP related to nondegradation. With the multitude of planning requirements, there is a need to coordinate and consolidate all of these different planning documents. Comprehensive local water management plans (plans that address all of the water management planning requirements out there) are crucial in helping the region meet its goal of no adverse impact on area waterbodies. In 1995, the Metropolitan Land Planning Act was amended to require that each city and township's comprehensive plan include a local water manageinent plan. Local water management plans need to be consistent with the requirements in Minnesota Statutes 103B and in the Metropolitan Land Planning Act. Local water management plans are reviewed by the Metropolitan Council (Council) as part of the local comprehensive planning process prior to their approval by the WMO and adoption by the city or township. Local water management plans are crucial in helping the region meet the challenge of cost-effective management of water quality and quantity. Local Water Plan Requirements Minnesota Rules Chapter 8410 (Metropolitan Area Local Water Management), requires the local water management plans to address the specifc elements. In the Council's 2030 Regional Development Framework, the Council adopted a water management goal for tl�e region, "the quality of water leaving the metropolitan area is as good as the water quality entering the metropolitan area, and in compliance with federal and state regulations." To meet this goal, the Council has linked the control of pollution from point and nonpoint sources. The 2030 Water Resources Management Policy Plan states that if a community does not have a local water inanagement plan as part of its 2008 comprehensive plan update,the comprel�ensive plan will be found incomplete for review. If the community . has a plan that does not meet Council requirements for local water management plans, the Council will likely find the plan to have an impact on our system,thus requiring a plan modification. The following list is an expansion of the requirements under Chapter 8410. The list is intended to clarify, through additional detail, what coinmunities should do to ensure that their local water management plan is consistent with the Council's 2030 Water Resources Management Policy Plan. 83 1. Purpose of plan 2. Water resource management related agreements 3. Executive summary 4. Land and water resources inventory (For this requirement and others that follow, , communities are encouraged to use as much of the WMO plan as they can. The community should be aware that not all WMO plans will contain the level of detail needed for the community and in those instances, the community will need to provide additional information). 5. Establishment of policies and goals A. All communities need a strong policy statement to show that they are committed to a goal of no adverse impact(nondegradation) for area water resources. B. All communities need goals for their lakes consistent with Watershed Management Organization plan goals. C. The Council's 2030 Regional Development Framework classified communities as urban planning areas (developing and developed areas) and rural planning areas (rural centers, agricultural, diversified rural and rural residential areas). Communities classified as developed or developing and MS4 communities in the rural planning area need to include actions that show the community is committed to the goal of no adverse impact or nondegradation goal for area water resources. Actions should include: i. Adopting erosion and sediment control ordinances that are consistent with NPDES Construction Stormwater permit and MS4 permit requirements ii. Preparing wetland management plans (refer to 8G for more details of what should be in a wetland management plan) � iii. Adopting ordinances that control peak runoff(Suggested guidance - Minnesota Stormwater Manual) iv. Adopting best management practices for development that will result in TSS and TP reductions of 80%and 50%respectively v. Adopting best management practices for redevelopment that will result in TSS and TP reductions (Suggested guidance-Minnesota Stormwater Manual) vi. Including funding mechanisms that support implementation and enforcement D. Developing and developed communities that are a Phase I or Phase II NPDES MS4 permit community need to integrate their Stormwater Pollution Prevention Plan policies and goals into their local water rnanagement plan, in accordance with MPCA requirements and schedules. E. Developed and developing communities listed as nondegradation communities as part of their NPDES MS4 permit need to revise their Stormwater Pollution Prevention Plan to include the required information for nondegradation. Nondegradation policies and goals should be summarized or integrated into their local water management plans. F. Rural planning area(rural centers, agricultural, diversified rural and rural residential) communities need to include actions that show the community is 84 committed to the goal of no adverse impact(nondegradation goal) for area water resources. Actions should include: i. Adopting erosion and sediment control ordinances that are consistent with NPDES Construction Stormwater permit and MS4 permit requirements where applicable ii. Preparing wetland management plans(refer to SG for more details of what should be in a wetland management plan) iii. Adopting ordinances that control peak runoff iv. Including funding mechanisms that support implementation and enforcement 6. Assessment of problems and corrective actions for problems identified A. All communities need to assess the water quality and quantity related problems in their community,prioritize the problems and include actions to adequately solve the problems that were identified. B. All communities must acknowledge and list any impaired waters within their jurisdiction as shown on the current MPCA 303d Impaired Waters list. A TMDL is a calculation that determines the allowable pollutant load that can be discharged into the impaired water such that the water is not impaired. A community that discharges water to an impaired waterbody within or adjacent to the community, needs to explain how and if it intends to be involved with the development of the Total Maximum Daily Load (TMDL) study. i. If a TMDL study is not completed,the city should identify the priority it places on addressing impaired waters and how the city intends to participate in the development or implement�tion of TMDL studies. ii. If the city is not directly involved in the TMDL study,the city should show how it intends to implement the study findings once the study is completed by the responsible party. iii. If a TMDL study is completed for the impaired water,the community needs to include an implementation strategy including funding mechanisms that will allow them to carry out the TMDL requirements. More information on the MPCA's TMDL program can be found on the MPCA's web site at http://www.pca.state.mn.us/water/tmdl/index.html. 7. Financial considerations A. All communities need to include a 5-year CIP that includes funds to solve the problems identified in number 6 above. B. All communities need to include funding in their CIP or operating budget for ongoing maintenance of their stormwater infrastructure. 8. Implementation priorities and program A. Developed, developing and any MS4 communities in the rural planning area need to provide information on how they intend to manage stormwater: i. Include an erosion and sediment control ordinance consistent with NPDES Construction Stormwater permit and MS4 permit requirements ii. Identify ways to control runoff rates(suggested guidance - Minnesota Stormwater Manual) so that land-altering activities do not increase peak stormwater flow from the site for a 24-hour precipitation event with a return frequency of lor 2, 10, and 100 years. 85 iii. Require criteria for wet detention basin minimum pollutant removal efficiency to protect and improve stormwater runoff quality. Best management practices for development and redevelopment should result in TSS and TP reductions (suggested guidance -Minnesota Stormwater Manual). iv. Require infiltration of the first '/� inch of runoff from the impervious areas . created by new projects where there are A and B soils. Use of infiltration techniques is prohibited in some potential stormwater hotspot areas, e.g. vehicle fueling areas (suggested guidance - Minnesota Stormwater Manual). v. Recommend adding a soil amendment and requiring soil ripping 1 %z-2 feet after mass grading is complete for all soil types. vi. Require infiltration in wellhead protections areas to be based on the community's wellhead protection plan and at the discretion of the local . government. vii. Require pretreatment of stormwater prior to discharge into all lakes and streams. B. Rural planning area communities, excluding MS4 communities,need to provide information on how they intend to manage stormwater: i. Include an erosion and sediment control ordinance consistent with NPDES Construction Stormwater permit requirements ii. Identify ways to control runoff rates so that land-altering activities do not increase peak stormwater flow from the site for a 24-hour precipitation event with a return frequency of 1 or 2 years iii. Require criteria for wet detention basin minimum pollutant removal efftciency to protect and improve stormwater runoff quality for areas where , development is occurring. Best management practices for redevelopment . (suggested guidance -Minnesota Stormwater Manual) should result in TSS and TP reductions. C. All communities with designated trout streams must identify actions in their plan to address the thermal pollution effects from development. D. All communities with special waters, such as outstanding resource value waters, need to meet state requirements for development near these waters (see Appendix A part B.1-8 of the Minnesota Construction General Permit for a list of these waters and Appendix A part C.l-5 for specific requirements). E. All communities need to consider the use of stormwater practices that promote infiltration/filtration and decrease impervious areas (better site design and integrated stormwater management), where practical. F. All communities need to include information on the types of best management practices to be used to improve stormwater quality and quantity and the maintenance schedule for the best management practices. G. All communities need to include a wetland management plan or a process and timeline to prepare a plan. At a minimum,the wetland management plan should incorporate a function and value assessment for wetlands. Other items to address in the plan include the pretreatment of stormwater prior to discharge into all wetland types, and the use of native vegetation as buffers for high quality wetlands. Buffers should be consistent with the functions and values identified in the plan. 86 H. Developed and developing communities that are a Phase II NPDES MS4 permit community need to include information on how the community is meeting the permit conditions for required Storrnwater Pollution Prevention Plans: i. Public education and outreach ii. Public participation/involvement. iii. Tllicit discharge detection and elimination� iv. Construction site runoff control v. Post-construction runoff control vi. Pollution prevention/good housekeeping. vii. Activities planned to be undertaken along with numerical goals, strategies, and timelines viii. Funding source for the various required activities: I. Developed and developing communities which are required to revise their Stormwater Pollution Prevention Plan to include the required nondegradation information as part of their NPDES MS4 permit need to summarize or integrate the nondegradation information into the local water management plan. 9. Amendment procedures: Each local plan must include year the plan extends to and establishes the process by which amendments may be made. 87 . � _.------ Orono The City of Orono has land in the Painter Creek, Long Lake Creek, and Lake Minnetonka subwatersheds. In addition to the general requirements for Local Management Plans, the following items must be addressed in the city's Local Plan. B3 -� - ' , `- � c . ` � � t . � �p 12 � .�, ' - b i S�'� R, �, . n . _ �.�-��.\ . � . ( '. N_ _ �� a" 4 � P.rivate��ive• �, _� t �-�" ' =,k ` � � i � ''i Priv�ate D�iva�` y , � L.,,_�'�� - oe i Ind pen.�nce� , �,.._•— - �� � �.:.- ' ���'�a'�rf ��F� �Plymou h — , � _,� ' �. C h �xi�,.ti , _ p �,�� -, , '� l " it� s���^�� ��— Eas�t Long `a�`lis Road �J ,,.. .I - . .� x, y� i t� _ � � ILohg'Lak '` �as��an tz�ake.=. ��,, ; ..�, . � 7t .. � . • i �u LTne7fa11; ^ j��. ' `�, �� ''/ �� e � 19 • � a}� �.. � 2 �Ff� j �i r- � �` �'�� 1'�. ` ,` i_.a''��' ,4 •,�'Orono ( � .;` •� s s � Wayzata�`' �i' � �— 1� ' ' � �,_ L `�.' ` �`fy.ti t ���� yq,..11. J, � —1 - � �� � � � 'T•— ' �} 07�' F' � �� �` 1> c�:l�. �. r s� ,� ���� � FOx St °�dj� ; '-�. -.._ ( ci ) Mi n`tnsta , t��,�.z i 4 `� � � ��� � �7 t� _ . ,� +1" �,� ��� Sh�`1. : ,� � r��iTA ,,;� . � ti�..�., �y� � � �t�,. .--�..__ �4�'*� � ���'�T 1 � s�i` .�tBh� 4p�'Us •; l V` t 1 Fi � ��r �'ro 4.� 4_•' 4}� r -Al���� 7 �3 ' '9��.i i� f� '� +��. 5 �ti. �% 0 i•: ,��ofl�; ��'��;, '��� .�', r ��O'� s� _)�''� 1 ' rl� y 1���� + � 'a �� � , �W�f��dflf�... �s ...� ..Ki � ,:�. 4 h�15 i. ���.,-.7�, � ��{i : M r . . :;1 . �N��„•a � 4h� 4'��'� ` . . '. �p.-''�. .� . J`,� � .� l � ' .u , � . t 5 ,� ���,�y:�� � �R a. �nnet•nka•Be ch i w�.�.nwa.���.,�e«.�e.� ) 9� �;�l F QH,•saoP�aW�mr, A�� + i ���-�� �FingaPar ` C, �Wde�MW SubwnwNW � oUnd T� a�,�� � '1 --�cW�y oaa� �'� y�� ,�' .'� z •x"�� ,r . �. . „ p � � � / , \ . � � . Oainao�Isw�� e ��$�� � '' . ).•, �<. � '�q�a� �i � ���4 �-,,. . ' � ,.. � t ` � ��'�� '' � � �` � 7un�a Bay �-, � o s o zs o o e ; �r �, _�'� , 'o t ��.1'.� �.�.:,.. ,�.w�.. r�.� � '.�,4. �•�._ � ., .,�,o-: ,y `� �ti�dzs� Figure l. Subwatershed drainage areas and reported or rnodeled drainuge issues. Phosqhorus Load Reduction The Local Plan must include strategies and specifie steps for the achievement of the following load reductions assigned to the City of Orono. These strategies may include operational, land use, and capital improvements implemented since 2000, and those planned for the future. The Plan must also include a provision for annually reporting progress towards this goal. Table 1. Re uired Annual Phos horus Load Reductions,Cit of Orono(in ounds). Subwatershed Receivin Waters Annual Reduction Lake Minnetonka Maxwell,North Arm,North Lower,Jennings Bay, 152 South Lower,S rin Park, Stubbs,West Arm Painters Creek Jennin s Ba 12 Lon Lake Creek U stream of Lon Lake 35 Lon Lake Creek Lon Lake to Tana er Lake 31 Total 230 Landlocked Basins The HHPLS identified several landlocked subwatershed units in the city (see Figure 1). The Local Plan must identify any significant non-outletting areas; discuss and incorporate strategies to minimize new volumes and address any flooding issues. Flooding or Modeled High Water Locations The HHPLS identified three specific locations in Orono where there are known or modeled flooding issues (see Figure 1 and Table 2). The Local Plan must identify these and any other known flooding areas; evaluate the associated risks to public health, safety, and property; assess whether the risk of occasional flooding is acceptable; and set forth a plan to address the flooding issues. Table 2. Known or modeled fioodin issues,Cit of Orono(source:HHPLS). Descri tion Modeled Event Fox Street 100- eaz East Lon Lake 100- ear Private Drive South of HWY 6 100- ear Flow Velocitv and Erosion The HHPLS identified three locations where the model indicates existing and future high pipe peak flow velocities may require erosion control measures or energy dissipaters at inlets and outlets(see Figure 1 and Table 3). The Local Plan must assess the need for erosion control at this location and any other locations where excessive velocities may be contributing to localized erosion. Table 3. Known or modeled eak i e flow velocities issues,City of Orono(source: HHPLS). Descri tion Modeled Event LLG16 Private Drive 100- ear LLC-48 Luce Line trail 100- ear LLG24 East Lon Lake l0U- ear Land Conservation Large areas of Orono have been identified as Key Conservation Areas (see Figure 2). These areas include the Long Lake Creek and Classen Creek corridors; key riparian wetlands to the lakes and streams in the city; and other wetland, tributary, and upland connections between those corridors and Lake Minnetonka. The Local Plan must identify these areas and the strategies the city will use to protect and conserve the hydrologic and ecologic values of these areas and other natural areas in the city. Operations and Maintenance: Previous Proiects The District has previously completed construction of a detention pond at the outlet into Long Lake downstream of County Road 6, and retains responsibility for inspecting, maintaining and dredging the pond. %!� • : >:ero'g -. ."a-��•:�-S -� osa3�' fi1 ✓� �e� �� ?0�8'� r^.�.te� m S� «•o• aoo�� r/•°J.1;�aKalr"�.k�' � ' � �. ` . 6` 90`i00*a�0����` 1 6♦ � ! r E9���,�OmOOJ� r ♦P!O • 0 � ►��� � ��j � 1�f*�0�0 t� 4�0906� O�0� � 1 e}��Ol�� OP,a.�a�� O� 4 0 Y r � a.a.P.: <�e±e�wo� ae� �e�a a c a �.a • s�a .. 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'�`� -��� �MileS 4�' ', � p« � s -;a :u 'J �bl�i. Figw•e 3. Potential District capital projects in Orono. Ott�er Issues Cities must prepare and submit annually to the District, in a format approved by the MPCA and District, a report detailing actions taken in the previous year to implement the requirements of the WRMP. Areas in Orono drain to Long Lake, Tanager Lake, Jennings Bay, and West Arm, lakes that do not currently meet state nutrient standards and which may be in the future designated as Impaired Waters. At such time as that may occur, a Total Maximum Daily Load (TMDL) study would be prepared. The capital improvements program, operating programs, and watershed nutrient reduction goals in this Plan may need to be revised to achieve the load reductions that would be identified in the TMDL. Once that TMDL is finalized and approved by the MPCA and EPA, the City would have 18 months to revise its NPDES permit to include TMDL implementation activities. The District will periodically evaluate conditions in Painter Creek and Classen Creek and will work cooperatively with the City to spot repair erosion that is contributing to downstream sediment conveyance. �I0118hA�S CPP,Pk WQfCt9b�d pl$�fIC� „ Local Water Mana ement Plan Review Checklist ' Minnesota State Law Cha ter 103B Re uirements Included Requirement Minimum Content Suggested Section Comments Describe existing and Narrative Land&Water proposed physical Resource Inventory envitonment and land use Define drainage areas and the Narrative,map Land&Water volumes,rates,and paths of Resource Inventory stormwater runoff;and the stormwater system Identify areas and elevations Map of stormwuter Implementation for stormwater storage system,pollution Progtem adequate to meet control structures, performance standards pipes and sizes, established in the watershed outfalls and water plan surface elevations Identify known flood problem Narrative,map Establishment of areas and acceptable risk Goals&Policies Identify Iand-locked Narrative,map Estabtishment of subwatersheds and strategies Goals 8c Policies to manage stormwater volumes Identify areas of high erosion Nazrative,map Establishment of potential and strategies to Goals&Policies im lement corrective actions Define water quantity and Nartative,location Implementation water quality protection map of Program methods adequate to meet improvements,table performance standards summarizing established in Hie watershed quantified load plan reductions Identify regulated areas Narrative Lsnd&Water Resource Inventory Identify Key Conservation Narrative,map Establishment of Areas and strategies to meet Goals&Policies, performance standards Implementation Pro ram Contrast wetland regulation Narrative,map, Establishment of and management table of wetland Goals&Policies classification with MCWD management Functional Assessment of classification WeUends 3et forth an implementation Narrative,location lmplementation program,including e map of Program description of official improvements,table controls and,as appropriate,a summarizing capital improvement plan schedule,cost, benefits,pu�pose and description of ' each proposed capital improvement Describe permitting process Nanative Implementation for land and wetland Program alteration work;evaluate the need for future amendment Describe confonnance with Narrative,map of Implementation NPDES Program including impaired waters Program TMDL's and Nondegradation � Minnesota State Rules Cha ter 8410 Re uirements ... lncluded Re uirement S ecifics Comments -MUSA Reference " _ Purpoae Purpose of Water based ro ams recreation areas Water Resource Include agreements and land ownership �� Management Related Fish and wildlife Agreements habitat, Executive management plans, Summary surveys Land snd Water All relevant data -MLCCS Data . Reeource on: ' Inventory . � -Biological Studies Precipitation _S�� Geology and Manasement Pians topographic data Unique features Surface water and scenic areas resaurces data -Public waters Pollutant sources , and ditches (landfitls, hazardous waste, -National feedlots,etc.) , Wetlands Inventory Map Safe Drinking -Functional Water Act values of Information* wetlands Patk&Open Space inventory or plen Inte ation• -Hydrologic characteristics of Easement public waters DedicationR table if provided Low Impact by DNR Develo ment" -Maps showing � areas served by Interest Conflicts" stormwater systems Stormwater Facility identifying ponds Ownership' ' and outfalls ' — Proliminary Plat -100-yr flood Develo menf' levels and peak "Su lements to 8410,MCWD Com rehensive Plan discharges of Establis6ment o[ Consistent with existing and policies and goals MCWD and proposed establish the stormwater ponds relation to local, and channels Aasesament of problems -Known flooding Corrective actions Nonstructural, problems Pro�rammatic,and -Flood insurance Structural studies Financial Cost of plan -Water quality cooaiderstion date and PCA, Implementation On the local level: DOT,etc. priorkiea ood information program -Monitoring sites Regulatory controls -Sarface water appropriations Design • Groundwater performance Data standards Soil data lnformation program Land use and Monitoring public utility program services -Existing Land Management program -Future Land Use Amendments to Procedure for Plan amendments A endix ,. Land&Water Resource Invento Su lements „ Included R uirement S ecifics Comments Water Resources Re ulato Pro ram- Im lement�tion Pro ram Section I.and Use&Water Describe how land Included Re uirement S ecifica Comments . � Quality use and water Assumption of ° qualiry issues are MCWD Rules(if reconciled at the desired) local level in the plan period and Rule B:Erosion Control beyond Include Wellhead Rule C:Floodplain Alteration Safe Drinking Protection Plans and Water Aot meaSures to protect Rule D:Wetland Protection Information roundwater ' Describe how water Rule N:Stormwater Man ement resource protection Description of public review is integrated into � process,vaziances,approvals;self Pazk&Open Space pazks and open �rocedural Details issued ermits Integration space lannin Describe how eesement dedication Compliance Description of the monitoring and and protective Monitorin enforcement rogram convenants will be Easement used for water Desciption of the intemal or Dedication resource rotection- contracted expertise utilized for Idendfy areas review and monitoring of water elligible for low resource pecmits with annual impact development budget(if external)allocated for implementation and Technical Ex ertise such activities Low Impact integration into land Identification of the entity Develo ment use regulation responsible for implementation of Describe conflicts WCA for those areas within the betweeen Watershed District;include development code Wetland annual budget(if external)for setbacks and water Conservation Act such activities resource requirements and Update of ordinances or consent how conflicts are District Rule to District implementation within Interest Conflicts resolved Revision one year of revision by MCWD Demonstrate • compliance with requirement for stormwater facilities,wetlands ectd wetland buffers Stormwater Facility on outlots within Ownership develo ments Include lenguage within subdivision ordinance to forward preliminary Preliminary Plat plats to MCWD for • Development review Im lementatioo Priori Itema-A endi:C,MCWD Com rehensive Water Resources Maoa emeat Plan Included Requiremeot Minimum Cantent Suggested Sectioa Commenta , Phosphorus Load Reduction Nartadve,integ�ated implementation Program � implementation plan including capital improvements and programmatic acitivites, summary table Landlocked Basins Narrative,map Implementation Program Flooding or Modeled High Narrative,integrated Implementation Program Water Locations implementation plan' including capital improvemenu and programmatic acitivites Flow Velociry and Erasion Nartative,integrated Implementation Program implementation plan including capital improvements and programmatic acitivites Land Conservation Narrative, Im lementation Pro Operations and Maintenance: Narrative,schedule,capital Implementation Program Previous Pro'ects bud et,ma Capital lmprovemenu Plan Narrative,capital Imptementation Program improvements teble;purpose statement,project description,schedule,cost, location(map)for each individual ro'ect Housekee in Re uirements-Im lementation Pro ram Section Included Re uirement S ecifics Comments Housekeeping Re uirements Describe Current Practices Potential Improvements to Current Practices Barriers to Implementing Im rovements Implementation Program Inte�zation Anticipated benefit to water quality G • � To: Mayor& Council From: Mike Gaffron, Asst. City Administrator/Long Term Strategy Date: August 10, 2009 Subject: Work Session Discussion: Assumption of MCWD Permitting Functions Attachments: Bob Barth Memo 8-10-09 Council has directed staff to begin investigating the potential for and ramifications of taking over certain surface water management permitting functions that are currently under the authority of the Minnehaha Creek Watershed District (MCWD). This direction was partially the result of the City's recent experiences in dealing with the MCWD permitting process for the Casco Point Reconstruction Project. The attached memo from Bob Barth of Bonestroo &Associates briefly reviews the specific areas in which the City could assume authority, and the processes involved. Council is asked to review the memo and discuss with staff whether such authority should be pursued further. � Memorandum �Bonestroo Project: Orono Permitting 2335 Highway 36 W To: Mike Gaffron Authority Date: 8-10-09 St.Paul,MN 55113 7el 651-636-4600 From: Bob Barth Client: City of Orono Fax 651-636-1311 www.bonestroo.com Re: Assuming Certain MCWD Permitting Functions File No: 139-09000-0 Twelve different rules support Minnehaha Creek Watershed District's permitting program. A few of these define the administration of the watershed's permitting program while others define performance requirements for regulated activities. These performance-based rules include: Rule B: Erosion Control Rule C: Floodplain Alteration Rule D: Wetland Protection Rule E: Dredging Rule G: Waterbody Crossings and Structures Rule N: Stormwater Management for Land Development Projects According to the Watershed, Orono can take over permitting authority for rules B, C, D, and N -shown in bold-faced type above. Rules E and G cannot be assumed by a municipality. The following discusses the steps necessary for Orono to assume authority of these four rules. Rule B: Erosion Control Orono added chapter 79, Construction Site Runoff Control, to its City Code in April, 2009. This erosion control ordinance was written to be consistent with the NPDES construction stormwater permit. MCWD is currently revising its Rule B to likewise be consistent with the NPDES permit. Consequently, the rule and Orono's ordinance will be quite similar. However, certain minor modifications to Orono's ordinance are anticipated in areas such as applicability, exemptions, submittals, and notifications. Other than ordinance, the primary aspect to assuming erosion control authority is reviewing erosion control plans and having an inspection program. Orono currently covers both these functions, so the impact to Orono of assuming formal authority for Rule B should be minimal. Rule C: Floodplain Alteration Orono amended chapter 78, Zoning Regulations, of its City Code in 2004 to add a floodplain ordinance based on the Minnesota Department of Natural Resources model ordinance. Having a municipal ordinance based on the model is necessary for Orono to assume MCWD authority under the Floodplain Alteration Rule. Proposed alterations to floodplain usually occur in the course of development or other land alteration projects. Since Orono already reviews projects for compliance with City Code, there MGaffron RBarth^Orono LGU Discussion 8-i0-09.doc should be no significant increase in staff workload or cost to add floodplain alteration . to the City's current review items for projects not along the Lake Minnetonka shoreline. For projects on Lake Minnetonka, however, there might be a significant increase in staff time since administering floodplain alteration rules becomes more complicated among the many older homes and lots along the lakeshore. Typically, the costs for reviewing projects under the floodplain alteration rule would be recovered by Orono through fees or the submittal of escrow by the project proposer. Rule D: Wetland Protection The City of Orono passed its Wetland Ordinance on August 22, 2005. Ordinance revisions are not anticipated as part of assuming the Rule D permitting authoriry. Orono's wetland ordinance provides water qualiry protection of wetlands from adjacent land-use utilizing native vegetated buffers, setbacks and water quality treatment requirements. Prior to the City developing and passing a wetland ordinance, wetland protection from adjacent land-use was under the Minnehaha Creek Watershed District jurisdiction. Though the City of Orono has taken on the responsibility for protecting wetlands from adjacent land-use, the authority to protect the wetlands themselves resides with the Minnehaha Creek Watershed District and their administration of the State Wetland Conservation Act(WCA). To take over authority under Rule D, Orono would be assuming the new position as the Local Governmental Unit(LGU) for this state law. The WCA protects wetlands from draining, filling, and in some cases excavation. In cases where wetland protection is not feasible, wetland mitigation is required. The responsibilities of the LGU (Orono) for WCA include: 1. Wetland delineation review and record of decision 2. Wetland permit, no loss and exemption review and records of decision 3. Wetland Replacement Site Monitoring Report Review (submitted by applicants, these are post construction reports for wetland replacement sites that show how wetlands are developing). 4. Providing knowledgeable and trained staff with expertise in water resource management to manage the program or securing a qualified delegate (consultant). The administration of the Wetland Conservation Act would add to the current work load though some tasks, such as wetland delineation review, would be incorporated into the buffer review to minimize the additional time. The main addition to staff time and/or consultant cost would involve the review of permits, exemptions, and no loss certifications for compliance with the Wetland Conservation Act rules and for reviewing monitoring reports. These activities are typically billed back to the applicant either through an escrow set up for longer duration activities or a combined escrow and fee for shorter duration activities. MGaffron RBarth^Orono LGU Discussion 8-i0-09.doc Page 2 of3 'u�u�u�u ` ... rnEs�su����q�n�n��Nrsss�w�s��U�wrl u�.�,� n�� � � � '� ; r ,:. .. ...:�.. �n�u�usu�usn��� �l�Ma ss�s�s�s��sasa�ut � I �' � ::,_- J �,..... , . � � � , : 0 . ¢__ ' ,�_ �,: •`� °: � ` : I� . . 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'::::::. : � p � �� ., �', � : �j ` , • � ,"`Yi...,�� ', •• � � �/ � ',' �• :V�� , � �n� .•�` ,�. . , �� gonestroo .• �� �i��������u����n��u►�� �2t ��,.,�.�y'� �' s000 i5oo 0 300o OCTOBER 2009 K:\139\13909034\GIS\Projects\Fig9.1 CIPs.mxd � ► Tabie 9.2-Surfaoe Water Management Program,SWPPP Implementation ID Description Project Impetus Fundinq� 2010 2011 2012 2013 2014 2015-2020 Source MS4-1 Annual NPDES Permit and NPDES MS4 SWPPP SWU $3,900 $3,900 $3,900 $3,900 $3,900 $19,500 SWPPP Updates MCM-1 "Lets keep it clean" MS4-2 �ntributions, newsletter, NPDES MS4 SWPPP SWU $5,000 $5,000 $5,000 $5,000 $5,000 $25,000 website,administrative, MCM-1 etc. Adopt a Park Program NPDES MS4 SWPPP SWU $500 $500 $500 $500 $500 $2,500 Administration MCM-2 and MCM-3 MS4-3 Updates to Storm Sewer MCM-3 SWU $1,000 $1,000 $1,000 $1,000 $1,000 $5,000 System Map Inspecbons of illicit NPDES MS4 SWPPP SWU/ MS4-4 discharges, ponds, storm MCM-3 and MCM-6 Other Funds $3,000 $3,000 $3,000 $3,000 $3,000 $15,000 sewer and culverts MS4-5 Illicit Septic System NPDES MS4 SWPPP SWU/ Discharge and Detection MCM-3 Other Funds �8�000 $8,000 $8,000 $8,000 $8,000 $40,000 Annual clean up day,bi- NPDES MS4 SWPPP MS4-6 annual leaf and grass MCM-3 �neral Fund $5,000 $5,000 $5,000 $5,000 $5,000 $25,000 disposal M�_� Organics Recycling NPDES MS4 SWPPP Program MCM-3 General Fund $2,500 $2,500 $2,500 $2,500 $2,500 $12,500 Construction Site Developer �5,000 $5,000 $5,000 $5,000 $5,000 $25,000 MS4-8 MCM-4 Inspection Program Funded MS4-9 Erosion Control NPDES MS4 SWPPP SWU $2,500 $2,500 $2,500 $2,500 $2,500 $12,500 Management Training MCM-4 Stubbs Bay Ravine �aKe MinnemnKa CIP-1 Stabilization Subwatershed P- SWU/Grants - $120,000 - - - - redudion Stubbs Bay Wetland Lake Minnetonka �P-2 Restoration Subwatershed P- SWU/Grarrts $70,000 - - - - - reduction Willow Drive Roadside Lake Minnetonka CIP-3 BMPS Subwatershed P- SWU/Grarrts $65,000 - - - - - reduction Fox Street/Old Crystal Bay Drainage Issue, �P� Road Ponding and Minnetonka SWU/Grants - $55,000 - - - - Conveyance Subwatershed P- Im rovemerrts reductions Orono Orchard Road Lake Minnetonka CIP-5 Roadside BMPs Subwatershed P- SWU/Grarrts - - $130,000 - - - reduction Long Lake Creek CIP-6 Long Lake Wetland (upstream of Long SWU/Grants - - - $60,000 - - Restoration Lake)Subwatershed P- reduction Long Lake Creek Long Lake Ravine (upstream of Long �P�� Stabilization Lake)Subwatershed P- SWU/Grants - - - $40,000 - - reduction West Lafayette Road Lake Minnetonka CIP-8 Roadside BMPs and Water Subwatershed P- SWU/Grants - - - - $54,000 - uali Im rovements reduction Forest Lake Landing Lake Minnetonka CIP-9 Water Quality Subwatershed P- SWU/Grants - - - - $20,000 $120,000 Im rovement reduction Pair�ters Geek and Lake CIP-10 Old Crystal Bay Road Minnetonka SWU/Grants - - - - - $33,000 Roadside BMPs Subwatershed P- reduction Corrtributions to South Painters Creek CIP-11 Katrina Marsh Subwatershed P- SWU/Grants - - - - $50,000 $50,000 Improvements reduction CIP-12 Long Lake Creek Corridor MCWD Phosphorus SWU - 30,000 30,000 - - - Improvements Reduction CIP-13 Shoreline Buffering and MCWD Phosphorus SWU/Grants $10,000 Stabilization Reduction $10,000 $10,000 $10,000 $10,000 $50,000 CIP-14 Private Rain Garden/ MCWD Phosphorus Watershed �5,000 $5,000 $5,000 $5,000 $5,000 $25,000 BMP Implementation Reduction Funded General Maintenance of NPDES MS4 SWPPP SWU/ OM-1 Pond, Storm Sewer,and MCM-3 and MCM-6 Privately Funded $30,000 $30,000 $30,000 $40,000 $40,000 $200,000 Culverts OM-2 Street Sweeping MCWD Phosphorus SWU $1,000 $1,000 $1,000 $1,000 $1,000 $5,000 Reduction OC-1 ISTS Program City Wide Phosphorus program Funds $5,000 $5,000 $5,000 $5,000 $5,000 $25,000 Reduction Construction Site Erosion OC-2 Control Ordinance City Wide Sediment Developer �20,000 $20,000 $20,000 $20,000 $20,000 $100,000 Implemerrtation and Load Reductions Funded u ates if necessa OC-3 Wetland Buffer Ordinance City Wide Phosphorus Developer $15,000 $15,000 $15,000 $15,000 $15,000 $75,000 Impl�nerrtation Reduction Funded Stormwater Managemerrt � �� Ordinance �� - 4,000 - - - - TOTAL Annual Cost $257,400 $331,400 $282,400 $232,400 $256,400 $865,000 1Costs in 2009 dollars �� 0 MEMORANDUM 9- -10 Work Session To: Mayor and City Council From: Mike Gaffron, Asst. City Administrator i Date: September 10, 2010 Subject: Conservation Easements for City Park Properties In connection with the Lurton Park property, the question came up as to whether that property is protected via a conservation easement. Staff has the City Attorney's office searching the title of that property to determine what easements and covenants are of record. Draft documents found in the City files do suggest that the Land Trust is entitled to enforce the proposed covenants, so we are anticipating that we will see recorded documents to that effect. In general, when the City acquires a property, it acquires and is subject to whatever easements, covenants, restrictions, etc. are of record at the time of acquisition. The City Council can in effect grant itself a conservation easement over City-owned land, but that easement can then be easily extinguished by a future Council if it so desires. The more effective practice to ensure permanence would be to grant an easement to a third-party non-profit entity such as the Minnesota Land Trust, the Nature Conservancy, the MCWD, or a similar organization whose mission is preservation. Soren has advised caution in that acceptance by organizations such as the Nature Conservancy may have a substantial dollar cost. Sources for more information include: Minnesota Land Trust: www.mnland.or� Nature Conservancy: http://www.nature.org/wherewework/northamerica/states/minnesotal U of M: http://www.mvminnesotawoods.urnn.edu/2007/04/conservation-easements/ The Trust for Public Land: http://www.tpl.or /�tier2 rl.cfin?folder id=482 Orono City Council 1..� Committee of the Whole September 28,2010,6:30 p.m. Orono City Councii Chambers Present: Mayor Jim White,Council Members Cynthia Bremer, Doug Franchot, Lili McMillan and Jim Murphy; City Administrator Jessica Loftus, Assistant City Administrator for Long-Term Strategy Mike Gaffron, City Clerk Lin Vee 1. City Logo Update Council discussed updating the city logo by simplifying the existing design but maintaining the duck theme, as well as developing a policy for use of the logo. 2. Surface Water Management Plan(SWMP) Gaffron reviewed the Surface Water Management Plan, noting that phosphorus reduction is one of the major requirements and is addressed in a series of projects and activities that comprise a 10-year Capital Improvements Program. The stormwater utility fund will not provide enough funding to complete all of the proposed projects. The city will also work on obtaining grant funds and partnering with other agencies such as the Watershed District to accomplish stormwater goals. The city has attempted to focus on projects such as wetland restoration, ravine stabilization and bank restoration that are most cost efficient in terms of dollars expended per pound of phosphorus reduced. The Lake Minnetonka Watershed District is in the process of reviewing the SWMP with the plan on their October 14 agenda for approval. A public hearing will be held at the October 18 Planning Commission meeting,followed by Council adoption at the October 26 meeting. Council agreed to consider modest increases to the annual stormwater utility fee on a regular basis to assist in funding stormwater projects. Council also discussed holding a joint work session with the Planning Commission, as well as a roundtable with other Lake Minnetonka cities,to discuss stormwater issues and incentives that might encourage improvements to water quality. 3. Conservation Easements for City Property The Lurton Park property has generated discussion about easements that are granted for city properties and methods the city might use to control future development of city properties. Staff will do further research to determine if there are any third-party non-profit entities that would be interested in a permanent conservation easement for Lurton Park. 4. Comments Regarding Information Updates There were no comments. 5. Other Issues of Current Interest Escrow money the city collects for engineering fees and concerns of neighbors of the Kintyre development were reviewed. The meeting closed at 7:55 p.m. ATTEST: Linda S.Vee, City Clerk James M. White, Mayor Page 1 of 1 U 1�ZEN�L�RANDUM : , `:9-14-10 Work Session To: Mayor and Council Jessica Loftus, City Administrator Soren Mattick, City Attorney From: Michael P. Gaffron,Asst. City Administrator� Date: September 10, 2010 Subject: Crystal Bay Road Access Lots- Recommended Options: Issues to Resolve Attached is the most recent letter from Karen Elshazly of 3415 Crystal Bay Road received in late August. Staff will provide Council with a packet of information Monday for the Tuesday work session including analysis and recommendations regarding this long-standing issue. I ��v August 23,2010 ,9�C ���j� , c,� ��, �� O O,c ` `�:� Mike Gaffron �R City of Orono O�O Dear Mike: We just have a few thoughts in follow up to our phone conversation we had last week regarding the various aptions the city is exploring regarding resolution of the lakeshore issue. We understand the comp{exity and we very much appreciate the efforts being made to take this lakeshore out of limbo—which would also result in taking the investments we have made in our property out of permanent limbo. All we are seeking is the formalization of what has been in practice for a long time and what makes sense for the homeowners,the city,and the defined neighborhood. As I mentioned,when we purchased our home in 1999,the disclosure statement stated the lakeshore was"technicaily deeded." You replied that the other houses in the defined neighborhood could state the same. However,we do feel there has been and is a distinction as this home has had a dock for many years(85 or more?)and the reason that has been allowed is due to the distinction of this property(and the two other properties in question}being physicatly on the lake. We realize the actual shore is owned by the city—but the three homes in question are physically/visually on the lake which is what has allowed the city to allow us to have docks. The city has stated to us on more than one occasion that no one living physically/visually off the lake would ever be allowed to install a dock—due to security and liability issues—not being able to monitor its use or protect it. So there is and has been a physical and practical distinction—it is the legal distinction that we are requesting to resolve. This distinction is furthered by the fact that the city/county has been able to tax this property(and the two other properties in question)based upon the practical use of the lakeshore and this is not the case for the other properties in the de�ned neighborhood that are not physically/visually on the shore. We are sincerely hoping this distinction can be further applied to allow for some permanent and legal deeded access—not just access to the lake like the homes above—but permanent and legal access to have and utilize a dock. The intent of the kind gentleman who awned this property and who incfuded the defined neighborhood in his wishes was envisioned before the time of boats requiring a dock to access the lake for boating and there were also very few homes in the defined neighborhood. With that thought in mind,we would like to comment on the options you mentioned. The sale of the lakeshore to the three homeowners that can feasibly have a dock is the least desirable as the homeowners have already paid for that value{in varying degrees increasing by time),based on the long history of docks and the assumption that docks would continue to be allowed. If the city no longer wants to own the shore—that is fine—but the sale of it at any substantial price would seem redundant and excessive. The city paid nothing for this shore—if a sale is deemed the best option for the city we would respectfully propose that it be done for a nominal fee. The fourth homeowner(3445)is in a different situation as you explained—since there is not room for a dock...but that was made c{ear and C legaily binding before the most recent sale of that property and that sale price reflected that distinction from prior safe prices for that property. You also mentioned the option of issuing the homeowners in question a license to have the dock—but if that is not permanent—it really doesn't change the current dilemma. And how would that differ from the taxes we currently pay for use of the shore which we do not own? We would hope that a resolution can be found that would resolve the issue for us but would not necessarily have to change the status of the defined neighborhood and they would,therefore,not need to sign off on the resolution. Is it possible to take a"quiet title action"for a permanent easement for the three properties? If anyone does protest,it can then be explained that this action is simply formalizing what has been practiced for many,many years and that it does not change their status.And we have to note here,once again,that the other homes off the lake in the defined neighborhood do not utilize the type of access that is possible for them {picnicking on the shore,launching a kayak or row boat,etc.) because such�ctivities are more practical and enjoyable at lake locations that have public facilities-but if they choose to do so—there is nothing preventing them and the docks do not in any way hinder this type of access. I think we all recognize that without some formalization of how things have been for some time—and in today's market/economy,these houses could return to a"lakeshore slum"—the values would decrease as well as the tax revenues. This formalization is logical and beneficial to all concerned—the city,the three homeowners,and with no negative impact on the defined neighborhood. Again,we would like to sincerely thank you and the City of Orono for its efforts to resolve this issue. Kind regards, �°.�,��,i �,�-�"� Yousry and Karen Elshazly 3415 Crystal Bay Road Orono, MN 55391 952-471-8012 952-288-6239(Karen Cell) �:._.,. .. ,._,:. . ; ;,,, ...,. , ,. ., , -,. -�. _.. .,_ __.`.._____�. . _..: � . , , .;. _. -,�.,,�.:�.� . �._ ...� ,;,z _ . ,� ( x ffi����{�: R ?� ,� �� � `� _� y� � �� ���%� L ,�✓�> > C' � �, � � �T_3 � � � 234. Ellen DeHaven Peterson, a single WARRANTY DEED person Dated September 16, 1998 Filed March 11, 1999 ta Document No. 7074998 That part of Lot 2,Block 1,Wiley's Park, Michael J. McEnany and Deborah A. Lake Minnetonka lying South of Country Williamson,as joint tenants Road,including perpetual right to use for private bathing and private boating purposes only,all that part of Lots 1,2,3 and 4 in said Block l,lying between the Northerly line of County Road and Crystal Bay. Subject to building and zoning laws,ordinances,state and federal regulations;Restrictions relating to use or unprovement of the property without effective forfeiture provision;Reservation of any mineral rights by the State of Minnesota; utility and drainage easements which do not interfere with existing improvements. 235. Michael J.McEnany,Deborah A. MORTGAGE Williamson,husband&wife Dated September 16, 1998 Filed March 11, 1999 to Document No. 7074999 Amount$327,000.00 Chase Manhattan Mortgage Due October 1,2028 Corporation,which is organized That part of Lot 2,Block 1,Wiley's Park, and existing under the laws of the Lake Minnetonka lying South of County State of New Jersey Road,including perpetual right to use for private boating putposes only,all that part of lots 1,2,3 and 4 in said Block l,lying between the Northerly line of County Road and Crystal Bay. 236. There may be local or county ordinances filed with the office of the County Recorder, Hennepin County,Minr►esota. Unless captioned premises is specifically mentioned in said document,no ordinances are set forth in this abstract and are excluded from the certification of this abstract. 0 MEMORANDUM 9-14-10 Work Session To: Mayor and City Council From: Mike Gaffron, Asst. City Administrator f% Date: September 10, 2010 Subject: Conservation Easements for City Park Properties In connection with the Lurton Park property, the question came up as to whether that property is protected via a conservation easement. Staff has the City Attorney's office searching the title of that property to determine what easements and covenants are of record. Draft documents found in the City files do suggest that the Land Trust is entitled to enforce the proposed covenants, so we are anticipating that we will see recorded documents to that effect. In general, when the City acquires a property, it acquires and is subject to whatever easements, covenants, restrictions, etc. are of record at the time of acquisition. The City Council can in effect grant itself a conservation easement over City-owned land, but that easement can then be easily extinguished by a future Council if it so desires. The more effective practice to ensure permanence would be to grant an easement to a third-party non-profit entity such as the Minnesota Land Trust, the Nature Conservancy, the MCWD, or a similar organization whose mission is preservation. Soren has advised caution in that acceptance by organizations such as the Nature Conservancy may have a substantial dollar cost. Sources for more information include: Minnesota Land Trust: www.mnland.ar� Nature Conservancy: http://www.nature.or�/wherewework/northamerica/sta.tes/minnesota/ U of M: httn://www.myminnesotawoods.umn.edu/2007/04/conservation-easements/ The Trust for Public Land: http://www.tpl.or tier2 rl.cfin?folder id=482 ,p � . ..�---� MEMORANDUM ' To: Mayor and City Council Bill Wells, City Administrator Ton Kellogg, City Engineer From: Mike Gaffron, Asst. City Admin. - Long Term Strategy a�� � � Date: January 12, 2009 Subject: Surface Water Managerrient Plan Update - Authorization to Commence (For Januaxy 13 Work Session- Formal Action January 26) List of Attachments A - Bonestroo Proposal Dated 1-8-09 B - Excerpts from Met Counci12030 Water Resources Management Policy Plan: Pp. 83-87 C - MCWD Mandate & Checklists SWMP Update Required. The Orono Surface Water Management Plan (SWMP) was completed in 2001 by Bonestroo & Associates and received formal Minnehaha Creek Watershed District approval in 2002. There are a number of regulatory changes that have occurred since 2002 that we are required by statute to address, as well as mandates from Metropolitan Council as described in their 2030 Water Resources Management Policy Plan (see excerpts, pp. 83-87 from that document). A significant change since 2002 is the requirement to meet specified levels of phosphorus reduction. Because the level of expertise required to address these changes is beyond that available in- house, the attached proposal to update the SWMP was requested of Bonestroo & Associates. The intent is to bring the SWMP into compliance in a timeframe commensurate with completion of the Comp Plan. Scope. This proposal has received a significant level of scrutiny by staff to ensure that the required mandates are addressed without excessive expenditures. For instance, we have had two meetings with Bob Barth of Bonestroo regarding the specific elements to be updated, and have met with MCWD staff to clarify the level of detail and range of options for meeting our phosphorus reduction requirements. The attached proposal has been reduced in scope and cost from an earlier version received in December 2008, eliminating review of the CSPP (Sewer Plan) Chapter which staff believes is unnecessary. The proposal also converts the Phosphorus Reduction Plan work to an hourly rate which provides some flexibility in the collaboration between staff, City Engineer and MCWD in the iterative process needed to devise an acceptable plan. Further, the creation of a Design Guide providing detail for developers planning to work in the City has been separately priced as an option, with two levels of detail (see page 4 of proposal). Staff believes that either the Level 1 or Level 2 Design Guide would be very valuable in providing the justification that developers have begun to demand relative to stormwater management requirements and fees given the current economic climate; however, the creation of the Design Guide is not as time-critical as the SWMP update. . � - '� Metropolitan Council � I;r�i�ironrrtental Services June 17, 2U10 Mr. Eric Evenson, Aclministrator Minnelialia Creek Waterslied I�istrict 18202 Minnetonka E31vd. Deephaven, MN 55391 RE: Orono Sw-f��ce 1�'ater Manageineiit Plan (OS�'Vib11') Rei'erral File No. 20759-1 Dear Mr. Evenson: '1'he Metropolitan Co�incil (Co�uicil) has coiiipleted its review ol�the OSWMI' d�ted .►une 2O]0. The Cou�icil finds the above plan to be consistent with its ?U3l) W'ater Rc�sot�rce.r �lcrrrager�ier�t Pnlicv Plcrrt. "Che plan provides an exceilent framework for the city to successfully manage its water resources. In addilicm, the plan does an excellent je�h of integrating the many diverse storm water programs a�id requiren:ients such as impaireci waters. non-degradatioil, yuantitiable water quality goals and wetl�u�d management. If you have any que5tions regarding the Council's comments, please contact Jack F�rost at 651- 602-1078. After the city adopts its SWMP, a tinal copy should be lorwarded to the C:ouncil along with the date the �vatershed district approves the plai� and the date when tlie city adc�pts the tinal plan. Sincerely, . , William G. Moore General Manager cc: Robert McFarlin, Metropolitan Caunci( District 3 Jesse Carlsoii, Bonestroo I;ngineering Keith I3uttleman, flssistant General Manager, Environmental Quality Assurance Jim Uttley, Metropolitan C.auncil Sector Representative Jack Frost, Metropolitan Council Watershed Coordinator www.metrocou ncil.org 390 Robert Street North • St. Paul, 1�4N 55101-1805 • (651) h02-1005 • Fax(651) 602-]477 • 'M'P(651) 291-0904 A�i Fquat C�Pportur4aly .F.mptuyer , W � MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: LIN VEE,CITY CLERK SUBJECT: COMMENTS REGARDING INFORMATION UPDATES DATE: SEPTEMBER 24, 2010 Attached are the Information Update memos from August 13, 20 and 27, September 3, 10 and 17 for reference if Council vvishes to discuss any of these items. ! MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: ORONO MANAGEMENT TEAM SUBJECT: INFORMATION UPDATE DATE: AUGUST 13, 2010 Information Update—8/13/10 • Long Lake is scheduled to make their decision regarding the police services RFP at their Council meeting on Tuesday,August 17,beginning at 6:30 pm. Regardless of the Long Lake Council decision,officers and staff will meet in the Orono Council Chambers following announcement of their decision to debrief and discuss the next steps. Police Chief Correy Farniok would like to have Council also attend the meeting in the Orono Council Chambers to participate in the discussion. • Attached is an email conversation I've been having with Van Erickson regarding Lurton Park. If any Council members are interested in attending a meeting we'll be having with Mr. Erickson in the next few weeks,please let me know. (MPG) • The property at 4725 North Shore Drive(owned by John Roedel who was before the Council Monday for a variance)experienced a catastrophic failure of the lakeshore bank during Tuesday evening's storms. Pictures are attached. The home was not damaged,but an area of the bluff approximately 30- 35' wide and 40' long slid into the lake.This is adjacent to an area that experienced a similar failure in the 1987"Superstorm";that area was restored in 1987-88 with buried wa11s and held up just fine Tuesday night. Property owner was advised of the necessary measures needed to hopefully prevent further erosion in the short term,and to engage a civil engineer to devise a restoration plan for City and MCWD approval. (MPG) • Mike,Jessica and Mayor White will be attending the Met Council Community Development Committee(CDC)meeting on Monday regarding the Comprehensive Plan. The attached letter from Long La1ce was forwarded to staff by Jim Uttley noting that Long Lake plans to have representatives at that meeting. (MPG) • The attached email from Chief Farniok includes comments from the Police Department regarding the Tour de Tonka that was held on August 7�`. • 'The Primary Election on Tuesday went very well with no major incidents. Voter turnout for Orono was 15.9%,which is higher than 2008 at 11.1%and 2006 at 13.49%. A major change in election law this year requires a11 absentee ballots to be processed in one absentee precinct at City Hall rather than at each precinct on election day. After 3:00 pm on election day,the absentee precinct memory cards were sent to Hennepin County for final tabulation after 8:00 p.m. The results from each local precinct,which aze sent via modem,and the absentee totals were merged at Hennepin County and then posted to the Hennepin County website. For those who were watching the web for results,it took longer for the results to post to the Hennepin County website(after xnidnight)than in past elections. • Two code violation/enforcement files will have arraignment hearings at the Ridgedale court today (Friday).The two cases will be the first out of approximately 40 violations files from this summer's enforcement efforts to reach this point. (MC) � Information Update—8/13/10 • The attached special event permits have been issued: o Birthday Party to be held Saturday,August 14,2010 at 435 S Old Crystal Bay Road. o Corn Days 4 Mile Run to be held Sunday,August 15,2010 beginning at Hackberry Park. o Wedding Reception to be held Friday,August 20,2010 at 2550 Woodhaven Drive. o Pig Roast to be held Sunday,August 22,2010 at 2540 Casco Point Road. o Hog Roast to be held on Wednesday, September 8,2010 at 2455 North Shore Drive. • Additional attachments: o Metro Cities News—August 6,2010 The City of Orono complies with the Minnesota Data Practices and Open Meeting Law. The recipients of this electronic file are asked not to "Forward"or "Reply to All"concerning information contained in this email. MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: ORONO MANAGEMENT TEAM SUBJECT: INFORMATION UPDATE DATE: AUGUST 20, 2010 Information Update—8/20/10 • Attached for Council consideration is a letter and information from Guy Peterson of Met Council regarding Orono's continued participation in the Metropolitan Livable Communities Act Local Housing Incentive Account(LCA-LHIA). Orono has participated in this voluntary program since 1996. It is now time to re-negotiate affordable and lifecycle housing goals for 2011-2020 if Orono elects to continue its participation.While this does not have any impact on our current Comp Plan Update approval process(see below),it does relate to the Housing Plan element of the CMP.The question of whether to continue our participation,and the establishment of new housing goals, should be discussed by Council in the near future.More information about the LCA program can be found on the Met Council website at http://www.metrocouncil.or�/services/livcomm.htm . (MPG) • Comp Plan Update. On Monday,August 16�',the Met Council Community Development Committee (CDC)voted 3-2 to recommend approval of Orono's 2008-2030 Comprehensive Plan. The less-than unanimous vote resulted when 2 of the 5 committee members present concluded that Long Lake's concems about water capacity for the Fire Station area(expressed at the CDC meeting by Randy Gilbert)rose to the level of a justification for Plan denial. The other three committee members correctly concluded that local water system capacity issues aze outside Met Council's planning authority,are a local issue,and should not be reason for denial of the Plan. It was also pointed out that while a very small number of sixnilar concerns have risen during review of the other 169 metro area comp plans approved to date, it would be inconsistent to deny Orono's because of Long Lake's concerns. The Comp plan has two more Met Council hurdles to cross. Tuesday,August 23`�,the Environmental Committee meets at 9:30 a.m.to review the Sewer element of the Plan. Kyle Colvin has indicated that he does not expect Long Lake to be in attendance and he does not expect any issues to be raised with our Plan. He did indicate a word of caution that one of the opposing voters on the CDC,Wendy Wulff,is also on the Environment Committee,although water capacity is not part of this review. The full Met Council final vote on Plan approval will then occur at their meeting on Wednesday,August 25�',at 4:00 p.m. Appropriate City staff/representatives will be in attendance at both meetings. (MPG) • The annual picnic and staff development activities are scheduled off-site for Wednesday afternoon, August 25�'. The City of Orono complies with the Minnesota Data Practices and Open Meeting Law. The recipients of this electronic file are asked not to "Forward"or "Reply to All"concerning information contained in this email. MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: ORONO MANAGEMENT TEAM SUBJECT: INFORMATION UPDATE DATE: AUGUST 27, 2010 Information Update—8/27/10 • In January staff submitted a Pay Equity Report,which is required every 3 years, for review by Minnesota Management and Budget(MMB)to determine that reasonable pay relationships are maintained between job classes regardless of gender in those job classes in Orono. The City received the attached Notice of Pay Equity Compliance dated August 23,2010. • The Met Council approved the Comprehensive Plan on Wednesday. The plan will be before the City Council in the near future for its final review. The City of Orono complies with the Minnesota Data Practices and Open Meeting Law. The recipients of this electronic file are asked not to "Forward"or "Reply to All"concerning information contained in this email. MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: ORONO MANAGEMENT TEAM SUBJECT: INFORMATION UPDATE DATE: SEPTEMBER 3, 2010 Information Update—9/3/10 • Woodhill Senior Cottages—Terry Schneider has scheduled a neighborhood meeting(see attached invitation)for September 2nd from 6:30 PM to 7:30 PM at the Freshwater Society building to get neighbor input on the landscape buffering. Schneider hand delivered the invitations to the neighbors last weekend. The landscape designer will also be at the meeting to answer any questions and listen to the neighborhood comments first hand. Staff was invited to attend. Once Schneider gets their feedback,he will submit a revised landscape plan to the City. (MC) • Welsh,the applicant for the 875 Wayzata Blvd/Ecumen Senior Living project has requested an extension of their application until February 15,2011. They have stated that there have been some internal discussions causing them to take a closer look at their proposal. (MC) • At Wednesday night's work session the Planning Commission began to take a comprehensive look at our hardcover regulations,Orono's hardcover history, and our philosophy on hardcover regulations& stormwater management as we move into the future. This is the first step of many in our process of analyzing and revising how we look at hardcover. (MC) • Attached is the formal letter of Comp Plan approval from Met Council; also the table and map from the MC staff report that are referenced in the letter.The full Met Council staff report can be viewed at http://councilmeetings.metc.state.mn.us/council meetin�s/2010/082510/0825 2010 281%20SW.pdf if you are interested. I will be providing a memo and formal resolution for adoption of the Plan at your September 13 Council meeting. (MPG) • Jim Murphy,Gabriel and I met with Van Erickson, son-in-law of Bill Lurton,to discuss plans for Lurton Pazk. The plan is for a dedication/groundbreaking ceremony in mid/late October. Short-term goals for this fall: Entrance sign"Susan E.Lurton Park"(per Bill's wishes); gravel parking area for 5-6 cars;two or three strategically placed picnic tables. Long-term for the future: Possible prairie restoration of the 4+acres that is former cornfield;fencing and signage along north boundaries to deter dirt bikes and 4-wheelers that seem to be visiting from neighboring properties; remove dead trees,tum them into wood chips for pathways; maintain existing informal trail system; dock for canoes or contemplation; look into why wetland at NW comer seems to be drying up—may be normal,but possibly due to topography changes from Hwy 12 re-route.Van also suggested we should consider whether or how the Lupient property directly to the east(high ground north of Old 12 across from Eisinger site)might be added as parkland in the future—see attached area map. (MPG) • After a very long review process,MCWD has adopted new rules for Erosion Control,Floodplain Alteration,Wetland Protection,Dredging, Shoreline& Streambank Stabilization,and Waterbody Crossings& Structures,which are being implemented as of September 1,2010. The new rules can be viewed at http://www.minnehahacreek.org/rules.php. In a related note, staff has been working with Bonestroo and MCWD to finalize our Surface Water Management Plan Update,which we expect will be approved by MCWD in early October, followed by formal City Council adoption in late October. (MPG) Information Update—9/3/10 • The Minnehaha Creek Watershed District is a gold sponsor and leader in planning for the Clean Water and Climate Adaptation Summit 2010 conference. Because of their involvement, staff, officials,and consultants from MCWD's cities and counties are eligible for the `affiliate' rate-$10 off the normal(already low)price of$60 per day. The registration form is attached. • The attached special event permits have been issued: o Private wedding party to be held on Sunday, September 5,2010 at 2265 North Shore Drive. o Fall Parade of Home to be held Thursdays—Sundays from September 11 —October 3,2010 at 2340 Glendale Cove. o Fall Parade of Home to be held Thursdays—Sundays from September 11 —October 3,2010 at 3355 Graham Hill Road. • The Water Department has been replacing old water meters with new radio read meters. The old meters were disassembled and the brass was recently sent in for recycling. As a result of their efforts, the City received a check for over$4000. � • Additional attachments: o Metro Cities News—August 27,2010 o Metro Cities News—August 31,2010 The City of Orono complies with the Minnesota Data Practices and Open Meeting Law. The recipients of this electronic file are asked not to "Forward"or "Reply to All"concerning information contained in this email. MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: ORONO MANAGEMENT TEAM SUBJECT: INFORMATION UPDATE DATE: SEPTEMBER 10, 2010 Information Update—9/10/10 • The Orono City Council and Orono School District are scheduled to meet on Monday, September 27, 2010 at 5:00 pm in the Orono Council Chambers to discuss the proposed road improvement project for Old Crystal Bay Road. • Jessica will be in California from Friday, September 10 until Tuesday, September 14. She can be reached via email or cell phone. • Mike met with Boe Carlson of Three Rivers Parks on Wednesday to discuss the possibility of developing Dakota Rail Trail parking on City property north of the Navarre Fire Station. Boe will put some thought to this and get back to us. (MPG) • Additional attachments: o Metro Cities News—September 10, 2010 The City of Orono complies with the Minnesota Data Practices and Open Meeting Law. The recipients of this elecironic file are asked not to "Forward"or "Reply to All"concerning information contained in this email. MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: ORONO MANAGEMENT TEAM SUBJECT: INFORMATION UPDATE DATE: SEPTEMBER 17, 2010 Information Update—9/17/10 • Reminder: The Orono City Council and Orono School District are scheduled to meet on Monday, September 27,2010 at 5:00 pm in the Orono Council Chambers to discuss the proposed road improvement project for Old Crystal Bay Road. • Please see the attached memo regarding follow-up activities related to implementation of the Comprehensive Plan. (MPG) • The League of Women Voter's has tentatively scheduled an Orono Candidate Forum for Wednesday evening,October 13. The LWV will contact each of the candidates directly with an invitation and details and will provide notification to the public of the event. • Additional attachments: o Metro Cities News—Mississippi River Critical Corridor Meeting Change Notice o Metro Cities News—September 17,2010 - The City of Orono complies with the Minnesota Data Practices and Open Meeting Law. The recipients of this electronic file are asked not to "Forward"or "Reply to All"concerning information contained in this email. � �w Table 9.3- 10-Year Phosphorus Reduciion Plan Long Lake Creek Phosphorus Lake Painters Reduction(Ib/yr) MinneMnka Creek ID Activity Description Long R ducti ns R duction T�� Upstream �ke to of Long Tanager ��b/yr) (Ib/yr) Lake �ke �P{1 "Offerman Ditch"Ravine 26 3 26.3 Stabilization Fox Street near western CIP{2 terminus dry pond/ 0.7 0.7 infiltration QP-C3 North Shore Drive and 0.7 0.7 Shad ood Road rain arden QP-C4 Bradcetts Pt. Road ond 0.7 0.7 Casco Point rain gardens, CIP-05 sump manholes, restored 1.5 1.5 swale �P_i Stubbs Bay ravine 32 32 stabilization QP_2 Stubbs Bay Wetland 15 15 Restoration CIP-3 Willow Drive Roadside BMPs Z•� 2•� Fox Street/Old Crystal Bay QP-4 Road Ponding and 1.7 1.7 Conve ance Im rovemerrts QP_5 Orono Orchard Road 4.� 4 Road�de BMPs CIP-6 Long Lake Wetland 16 16 Restoration �P_� Long Lake Ravine 12 12 Stabilization West Lafayette Road QP-8 Roadside BMPs and Water 1.6 1.6 uali Im rovements �P_9 Forest Lake Landing Water 0.38 0.38 uali Im rovements QP-10 Old Crystal Bay Road 2 5 2.5 5 Roadside BMPs QP-11 Corrtributions to South 55 55 Katrina Marsh Im rovements CIP-12 Long Lake Creek Corridor Zp 20 Im rovements OC-1 Stormwater Ordinance 20% 0.93 0.89 12 0.18 14 P-red uction OM-1 Street Swee in 9.0 9.0 19 9.0 46 OM-2 Sum Manhole Cleanin 1.4 1.4 Total Obtained Ib/ r 67 35 88 67 257 Total R uired Ib r 35 31 152 12 230 Note:CIP-C#refers to mmpleted capital improvements Gty of Orono �Bonestmo Page 100 Surface Water Management Plan � � MEMORANDUM TO: MAYOR AND COUNCII.MEMBERS FROM: LIN VEE, CITY CLERK SUBJECT: COMMENTS REGARDING INFORMATION UPDATES DATE: SEPTEMBER 10, 2010 Attached are the Information Update memos from August 13, 20 and 27 and September 3 for reference if Council wishes to discuss any of these items. � MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: ORONO MANAGEMENT TEAM SUBJECT: INFORMATION UPDATE DATE: AUGUST 13, 2010 Information Update—8/13/10 • Long Lake is scheduled to make their decision regarding the police services RFP at their Council meeting on Tuesday,August 17,beginning at 6:30 pm. Regardless of the Long Lake Council decision, officers and staff will meet in the Orono Council Chambers following announcement of their decision to debrief and discuss the next steps. Police Chief Correy Farniok would like to have Council also attend the meeting in the Orono Council Chambers to participate in the discussion. • Attached is an email conversation Pve been having with Van Erickson regarding Lurton Park. If any Council members are interested in attending a meeting we'll be having with Mr. Erickson in the next few weeks,please let me know. (MPG) • The property at 4725 North Shore Drive (owned by John Roedel who was before the Council Monday for a variance)experienced a catastrophic failure of the lakeshore bank during Tuesday evening's storms. Pictures are attached. The home was not damaged,but an area of the bluff approximately 30- 35' wide and 40' long slid into the lake.This is adjacent to an area that experienced a similar failure in the 1987 "Superstorm"; that area was restored in 1987-88 with buried walls and held up just fine Tuesday night. Property owner was advised of the necessary measures needed to hopefully prevent further erosion in the short term, and to engage a civil engineer to devise a restoration plan for City and MCWD approval. (MPG) • Mike,Jessica and Mayor White will be attending the Met Council Community Development Committee(CDC)meeting on Monday regarding the Comprehensive Plan. The attached letter from Long Lake was forwarded to staff by Jim Uttley noting that Long Lake plans to have representatives at that meeting. (MPG) • The attached email from Chief Farniok includes comments from the Police Department regarding the Tour de Tonka that was held on August 7�'. • The Primary Election on Tuesday went very well with no major incidents. Voter turnout for Orono was 15.9%,which is higher than 2008 at 11.1%and 2006 at 13.49%. A major change in election law this year requires all absentee ballots to be processed in one absentee precinct at City Hall rather than at each precinct on election day. After 3:00 pm on election day,the absentee precinct memory cards were sent to Hennepin County for final tabulation after 8:00 p.m. The results from each local precinct,which are sent via modem,and the absentee totals were merged at Hennepin County and then posted to the Hennepin County website. For those who were watching the web for results,it took longer for the results to post to the Hennepin County website (after midnight)than in past elections. • Two code violation/enforcement files will have arraignment hearings at the Ridgedale court today (Friday).The two cases will be the first out of approximately 40 violations files from this summer's enforcement efforts to reach this point. (MC) ! � • The attached special event permits have been issued: o Birthday Party to be held Saturday,August 14, 2010 at 435 S Old Crystal Bay Road. o Corn Days 4 Mile Run to be held Sunday, August 15,2010 beginning at Hackberry Park. o Wedding Reception to be held Friday,August 20, 2010 at 2550 Woodhaven Drive. o Pig Roast to be held Sunday,August 22, 2010 at 2540 Casco Point Road. o Hog Roast to be held on Wednesday, September 8,2010 at 2455 North Shore Drive. • Additional attachments: o Metro Cities News—August 6, 2010 The City of Orono complies with the Minnesota Data Practices and Open Meeting Law. The recipients of this electronic file are asked not to "Forward"or "Reply to All"concerning information contained in this email. � MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: ORONO MANAGEMENT TEAM SUBJECT: INFORMATION UPDATE DATE: AUGUST 20, 2010 Information Update—8/20/10 • Attached for Council consideration is a letter and information from Guy Peterson of Met Council regarding Orono's continued participation in the Metropolitan Livable Communities Act Local Housing Incentive Account(LCA-LHIA). Orono has participated in this voluntary program since 1996. It is now time to re-negotiate affordable and lifecycle housing goals for 2011-2020 if Orono elects to continue its participation. While this does not have any impact on our current Comp Plan Update approval process (see below),it does relate to the Housing Plan element of the CMP.The question of whether to continue our participation, and the establishment of new housing goals, should be discussed by Council in the near future. More information about the LCA program can be found on the Met Council website at http://www.metrocouncil.org/services/livcomm htm. (MPG) • Comp Plan Update. On Monday,August 16`�',the Met Council Community Development Committee (CDC)voted 3-2 to recommend approval of Orono's 2008-2030 Comprehensive Plan. The less-than unanimous vote resulted when 2 of the 5 committee members present concluded that Long Lake's concerns about water capacity for the Fire Station area(expressed at the CDC meeting by Randy Gilbert)rose to the level of a justi�cation for Plan denial. The other three committee members correctly concluded that local water system capacity issues are outside Met Council's planning authority,are a local issue, and should not be reason for denial of the Plan. It was also pointed out that while a very small number of similar concerns have risen during review of the other 169 metro area comp plans approved to date, it would be inconsistent to deny Orono's because of Long Lake's concerns. The Comp plan has two more Met Council hurdles to cross. Tuesday,August 23`d, the Environmental Committee meets at 9:30 a.m. to review the Sewer element of the Plan. Kyle Colvin has indicated that he does not expect Long Lake to be in attendance and he does not expect any issues to be raised with our Plan. He did indicate a word of caution that one of the opposing voters on the CDC,Wendy Wulff, is also on the Environment Committee, although water capacity is not part of this review. The full Met Council final vote on Plan approval will then occur at their meeting on Wednesday,August 25"', at 4:00 p.m. Appropriate City staff/representatives will be in attendance at both meetings. (MPG) • The annual picnic and staff development activities are scheduled off-site for Wednesday afternoon, August 25"'. The City of Orono complies with the Minnesota Data Practices and Open Meeting Law. The recipients of this electronic file are asked not to "Forward"or "Reply to All"concerning information contained in this email. '� MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: ORONO MANAGEMENT TEAM SUBJECT: INFORMATION UPDATE DATE: AUGUST 27, 2010 Information Update—8/27/10 • In January staff submitted a Pay Equity Report,which is required every 3 years, for review by Minnesota Management and Budget(NIMB)to determine that reasonable pay relationships are maintained between job classes regardless of gender in those job classes in Orono. The City received the attached Notice of Pay Equity Compliance dated August 23,2010. • The Met Council approved the Comprehensive Plan on Wednesday. The plan will be before the City Council in the near future for its final review. The City of Orono complies with the Minnesota Data Practices and Open Meeting Law. The recipients of this electronic file are asked not to "Fonvard"or "Reply to All"conceming information contained in this email. � MEMORANDUM TO: MAYOR AND COUNCIL MEMBERS FROM: ORONO MANAGEMENT TEAM SUBJECT: 1NFORMATION UPDATE DATE: SEPTEMBER 3, 2010 Information Update—9/3/10 • Woodhill Senior Cottages—Terry Schneider has scheduled a neighborhood meeting(see attached invitation) for September 2nd from 6:30 PM to 7:30 PM at the Freshwater Society building to get neighbor input on the landscape buffering. Schneider hand delivered the invitations to the neighbors last weekend. The landscape designer will also be at the meeting to answer any questions and listen to the neighborhood comments first hand. Staff was invited to attend. Once Schneider gets their feedback,he will submit a revised landscape plan to the City. (MC) • Welsh,the applicant for the 875 Wayzata Blvd/Ecumen Senior Living project has requested an extension of their application until February 15,2011. They have stated that there have been some internal discussions causing them to take a closer look at their proposal. (MC) • At Wednesday night's work session the Planning Commission began to take a comprehensive look at our hardcover regulations, Orono's hardcover history, and our philosophy on hardcover regulations& stormwater management as we move into the future. This is the first step of many in our process of analyzing and revising how we look at hardcover. (MC) • Attached is the formal letter of Comp Plan approval from Met Council; also the table and map from the MC staff report that are referenced in the letter. The full Met Council staff report can be viewed at h ://councilmeetin s.metc.state.mn.us/council meetin s/2010/082510/0825 2410 281%20SW. df if you are interested. I will be providing a memo and formal resolution for adoption of the Plan at your September 13 Council meeting. (MPG) • Jim Murphy, Gabriel and I met with Van Erickson, son-in-law of Bill Lurton,to discuss plans for Lurton Park. 'I`he plan is for a dedication/groundbreaking ceremony in mid/late October. Short-term goals for this fall: Entrance sign"Susan E. Lurton Park" (per Bill's wishes); gravel parking area for 5-6 cars; two or three strategically placed picnic tables. Long-term for the future: Possible prairie restoration of the 4+acres that is former cornfield; fencing and signage along north boundaries to deter dirt bikes and 4-wheelers that seem to be visiting from neighboring properties;remove dead trees,turn them into wood chips for pathways;maintain existing informal trail system; dock for canoes or contemplation; look into why wetland at NW corner seems to be drying up—may be normal,but possibly due to topography changes from Hwy 12 re-route. Van also suggested we should consider whether or how the Lupient property directly to the east(high ground north of Old 12 across from Eisinger site)might be added as parkland in the future—see attached area map. (MPG) • After a very long review process,MCWD has adopted new rules for Erosion Control,Floodplain Alteration,Wetland Protection,Dredging, Shoreline&Streambank Stabilization, and Waterbody Crossings& Structures,which are being implemented as of September 1,2010. The new rules can be viewed at http://www.minnehahacreek.org/rules.php. In a related note, staff has been working with Bonestroo and MCWD to finalize our Surface Water Management Plan Update,which we expect will t be approved by MCWD in early October, followed by formal City Council adoption in late October. (MPG) • The Minnehaha Creek Watershed District is a gold sponsor and leader in planning for the Clean Water and Climate Adaptation Summit 2010 conference. Because of their involvement, staff, officials, and consultants from MCWD's cities and counties are eligible for the `affiliate'rate-$10 off the normal (already low)price of$60 per day. The registration form is attached. • The attached special event permits have been issued: o Private wedding party to be held on Sunday, September 5,2010 at 2265 North Shore Drive. o Fall Parade of Home to be held Thursdays—Sundays from September 11 —October 3,2010 at 2340 Glendale Cove. o Fall Parade of Home to be held Thursdays—Sundays from September 11 —October 3,2010 at 3355 Graham Hill Road. • The Water Depariment has been replacing old water meters with new radio read meters. The old meters were disassembled and the brass was recently sent in for recycling. As a result of their efforts, the City received a check for over$4000. • Additional attachments: o Metro Cities News—August 27,2010 o Metro Cities News—August 31, 2010 The City of Orono complies with the Minnesota Data Practices and Open Meeting Law. The recipients of this electronic file are asked not to "Fonvard"or "Reply to All"concerning information contained in this email. ,. /'�I�� �� �K�/ Council Work Session ��,� `� Tuesday, September 14, 2010, 6:30 p.m. PDS� Orono City Council Chambers � Zg/�D / AGENDA 1. City Logo Update—Lili McMillan/Lin Vee (15 minutes) 2. Surface Water Management Plan(SWMP)—Mike Gaffron (30 minutes) 3. Crystal Bay Road City Lakeshore Lots—Mike Gaffron (20 minutes) 4. Conservation Easements for City Property—Mike Gaffron (5 minutes) 5. Comments Regarding Information Updates—Lin Vee (5 minutes) 6. Other Issues of Current Interest Previous Work Session Topics AuQust 24, 2010 -Cancelled August 11, 2010 0 2011 Budget Discussion o Comments Regarding Information Updates o Other Issues of Cunent Interest