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HomeMy WebLinkAboutRe wetland buffer escrow . : � . 1 � emo To: Finance Department From: Christine Mattson, Planning Assistant CC: Zoning File Date: 9/5/2012 G/L: 101-22205 Re: Wetland Buffer Establishment Escrow Refund in order to expedite the issuing of the building permit for 2280 Fox Street, the contractor, Kuhl Design+Build, LLC paid a $5,000 wetland buffer establishment escrow. Mark Perry's report dated August 30, 2012 states the cost to cover the buffer development is $1,000. Please refund $4,000 to Kuhl Design+Build, LLC. I will obtain an updated escrow agreement for correct amount of$1,000. The following is attached: • Original signed escrow agreement • Copy of Bolton & Menk's report Mail to: Dan Murphy Kuhl Design+Build, LLC 1515 5th Street South Hopkins, MN 55343 w:\street files\fox street�2280\escrow refund memo for wetland buffer-partial refund.doc • � BO LTON 8� M � N K , i N C� � Consulting Engineers & Surveyors �� 2638 Shadow Lane, Suite 200•Chaska, MN 55318-1172 Phone(952)448-8838• Fax(952)448-88Q5 www_bolton-men k.com August 30,201? Citv of Orono Attn: Christine Mattson PO Box 66 Orono, Mn 55323 RE: Wetland Delineation/Bldg. Permit#2012-00728 2280 Fox Street Dear Christine: As requested,we have reviewed the wetland boundary and buffer area at 2280 Fox Street. We offer the following observations, comments and recommendations for your consideration. 1. I reviewed the wetland boundary in the field on August 22,2012 and agree with most of the wetland boundary as marked. One of the flags near the east end of the boundary line appeared to be off by j ust a few feet. However,this will not impact the wetland buffer zone in relation to the project. Refer to the attached GIS map showing my determination of the wetland edge. ?. An"as-built"survey of the project,indicating the wetland edge and the buffer edge, will suffice for City records. 3. This wetland is listed as a"preserve" wetland in the MCWD inventory, which requires a 50 foot buffer per City code. The buffer was not marked in the field, so I examined the entire area between the wetland edge and the existing fence(about 100 feet apart). A good stand of native vegetation dominated by Green Ash. Sumac, Canada Golden Rod and Raspberry exists in this area. 1 also observed a very small percentage of Canada thistle, which will need to be controlled. 4. The proposed addition has the potential to adversely impact the wetland which will trigger the wetland protection ordinance requirements. Therefore,the following should be considered: a. The wetland will require a 50 foot buffer. b. Canada thistle was found in the wetland buffer area and is considered to be an undesirable plant species. A plan including methods for removal and control of the Canada thist]e should be submitted for review. c. Wetland Buffer markers should be placed at the upland boundary of the buffer edge located at lot lines and changes of buffer edge direction and spaced a maYimum 200 feet apart. d. A $1,000 escrow should be submitted by the Owner to cover the cost of buffer development if not completed by the applicant. Please contact me if you have any questions or need additional information. Sincerely, BOLTON&MENK, INC. � � ., ,, ..�.`. � �� � �. ��� Mark L.Perry, WDC � Natural Resources Specialist Cc: David Martini. Bolton &Menk Robert Bean, Bolton & Menk WETLAND BUFFER ESTABLISHMENT ESCROW AGREEMENT � Perm't#2012-00728 AGREEMENT made this �� day of �'"► , 20�, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and Lynn &Anders Myhran ("Owners"). Recitals 1. A building permit application has been filed for an addition/remodel at 2280 Fox Street the ("Subject Property°), legally described as Lot 2, Block 1, Bill Kelley's Land First Division, Hennepin County, Minnesota. 2. The City has reviewed and approved this application. 3. The scope of the project which is the subject of buiiding permit #2012-00728 triggers the appiication of the City's wetland buffer requirement as established by City Zoning Code Article XI Wetlands Protection will commence its review of the application and incur costs associated with said review only if the Owner establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $5,000 with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee the establishment and development of the required native wetland buffer and to reimburse the City for all out-of-pocket costs the City has incurred (including planning, engineering or legal consultant review) or will incur in reviewing the plan. Eligible expenses shall be consistent with expenses the Owners would be responsible for as part of the establishment of the wetland buffer. The escrow will also guarantee reimbursement to the City for all out-of-pocket costs the City has incurred associated with permit #2012-00728 if compliance with the wetland buffer establishment is not accomplished. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in#3 above, shall issue a Stop Work Order until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when the review has been completed, the native wetland buffer established and written notification is received from the Owners requesting the funds. 6. CERTIFY UNPAID CHARGES. If the project is abandoned b�ners, or if the eligible expenses incurred-by he City exceed the amount in escrow, the City shall have the righ o aertify the unpaid balance to the subfect pro�rty pursuant to Minn. Stat. §§415.01 and 366.012. ; ;' i�; CITY OFO OI�10__�-' OWI�E � i !� �/j � , , �� (/l � � � �_____--__ By: � , ; � �� U �ts: _t��`}Z�.�i�.=-�—____ '�---__- Intemal Use Only: G Original to Planning �Copy to Property Owner G Copy to Street Flle ==_;�__ �, np. - —_$ :�� �i0a,�gd/gp __,,,�_ 04'�it,�j��""-- 'Pa.�ep,�a� a6�apy� 00'p��� Ptrny�a6 Sa�y i�e3o! �� ��a� H `'�=: �j :QH J+3 pt� 00'ppp;'=_= 4� _____ - ��a� �TS�� ,��ci�IanaQ-na� Pa.�,�rp�ol . ���`S SU��l�Q 00' N4� 06c'� l�g���S `a��pl�$ snoi� �,'Q� � prl�A u6rseQ Iy��Q . � 8� 6ny ��-64�-�,,6 9t�Lp0•� ;°N �dra�aN �fe�r��d�a�N°pu�oa� �u� �Q '�Y� � � - CITYOFORONO * z01z — e0e5e * 2750 KELLEY PARKWAY DATE ISSUED: 08/28/2012 ORONO, MN ��3�6- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 2280 FOX ST PIN : 03-117-23-32-0014 LEGAL DESC : BILL KELLEYS LAND ]ST DIV : LOT 002 BLOCK 001 PERMIT TYPE : ESCROW FEE-WETLAND PROPERTY TYPE : RESIDENTIAL CONSTRUCT�ON TYPE : ESCROW FEE-WETLAND NOTE: THIS$5,000.00 ESCRO�'IS TIED TO BULDING PERMIT-2012-00738 FOR WETLAND BUFFER APPLICANT ESCROW FEE- WETLAND 5,000.00 KUHL DESIGN &BUILD,LLC TOTAL 5,000.00 1515 STH STREET SOUTH HOPKINS, MN 55343- (952)935-9469 Minnesota State License#: BC390161 OWNER MYHRAN, ANDERS&,LYNN 2280 FOX ST LONG LAKE, MN 55356- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed accordin�to the approved plans and specifications.applicable City approvals,and the State Building Code. This permit is for only[he work described and does not grant permission for additional or related work which requires sepazate permi[s. All provisions of laws and ordinances governing this type of work shall be compied with whether or not specifted hereia This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance,or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code.This permit may be revoked at anv time for due cause. / / � / Applicant Yermitee Si«nature Date Issued By Signature Date SEPARATE PERMITS REQUIRED FOR WORIL OTHER THAN DESCRIBED ABOVE.