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. Public input, such as online voting on the City's
website, would be a potential method to select a final design.
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��,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.
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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
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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.
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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.
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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
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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)
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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��
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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