03-08-2004 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2004 7:00 o'clock p.m. • Engineer Kellogg pointed out that the neighboring house and grade is unfinished; therefore, no swales have been created to direct water away from their property. He stated that there is no single good solution. Two issues are the elevation of the road at 932' and the lake at 929' which does not allow for much slope for a pipe directing water away from the road and toward the lake. One solution may be to consider 2 catch basins with a crown on the road splitting the drainage in half with one pipe running to the west and one to the south. Murphy asked what an appropriate expectation would be for the Nusbaum's at this point to have from the City. Gappa reiterated that the City has done what it can with a temporary curb, but he was unsure what more they could do right now. Murphy questioned whether the time might come when the Nusbaum's might say the City did not do enough to resolve their issue and is liable for some damage incurred. Attorney Barrett stated that the first rule in Minnesota is that people do have the right to keep water from their property. Although he was unprepared to concede that the City would have liability, he did acknowledge that it seems the residents along this stretch who built these structures did so in something of a flood plain. In his judgment, Barrett believed • the structure of the street alone did not necessarily set up a liability; however, he pointed out that, if so, the City was insured. Mayor Peterson asked if the City could provide the residents with a more permanent solution in the spring. Kellogg stated that, having met with Mrs. Nusbaum and the neighbor, he had explained that the cold mix solution will be a temporary fix until road restrictions are lifted. Until then, he noted that surveyors have gone out and are working on preliminary plans and then it will be a function of how to fund the project and get it done. On a different note, Sansevere mentioned that he was questioned by a Long Lake resident the other night on why Orono had insisted on a two lane rather than a four lane Highway 12. Sansevere told the resident that it was not Orono who had insisted on two lanes, and he urged the Council to correct this misconception being passed along on behalf of Long Lake. Murphy reminded the Council that the Navarre Fire Station Grand Opening was slated for Saturday, March 27, 2004. PAGE 13 of 16