10-24-2016 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL Monday, October 24, 2016 7:00 o'clock p.m. PUBLIC WORKS/CITY ENGINEER REPORT *5. KELLY AVENUE DRAINAGE (CARMEN OUTLET) PAY REQUEST NO. 2 -FINAL Levang moved, Cornick seconded, to approve Pay Request No. 2 -Final to Kusske Construction in the amount of $18,929.23 for the reconstruction of the Kelly Avenue storm sewer outfall project at Carmen Road. VOTE: Ayes 5, Nays 0. *6. BULK FUEL CONTRACT Levang moved, Cornick seconded, to authorize Staff to enter a contract with the State of Minnesota Fuel Consortium. VOTE: Ayes 5, Nays 0. 7. OLD BEACH ROAD RIGHT-OF-WAY ENCROACHMENT Director of Public Works/City Engineer Edwards stated this item deals with an encroachment on the ROW along Old Beach Road and that the property owners are here to ask for an encroachment agreement. The encroachment consists of a retaining wall inside of the street right-of-way. Edwards noted the actual pavement sits off center from the right-of-way (ROW) so there is a great deal of unimproved ROW in between the edge of the pavement and where the applicants' property line begins. The applicants have partially constructed the retaining wall prior to the City issuing a stop work order. City Code does allow for retaining walls in front yards as long as they are at least ten feet from the traveled roadway. Encroachments into the public ROW are normally allowed in order to overcome a practical difficulty such as a driveway approach. Edwards stated the City typically likes to keep the ROWs clear of immovable objects for safety and maintenance. Whenever objects are necessary or allowed within the ROW, typically they are 10 feet or more from the travel way. James Craig, 2560 Old Beach Road, stated he has resided at his property for over 27 years and that he has maintained that area the entire time he has lived there. Craig staffed that area has become more difficult to mow and maintain given the slope. Craig stated the retaining wall has now leveled the elevation so they can maintain it safely. Craig stated the plan for the area in front of the boulder wall was to have some river rock, sod or low mow grass. Craig stated in any case, in order to conform to the City's normal recommendation of ten feet, they do not need a retaining wall in that 10 -foot area. Craig indicated they have also been removing some buckthorn for a number of years now. Craig stated he is asking the City Council to grant the permit so he does not have to remove the retaining wall. Craig stated in regards to safety, he would also like to put in some low voltage lighting along the upper part of the wall since there is no streetlight. Craig noted he is not proposing any mercury or bright lights and that he prefers the quiet nature of the area. Craig stated his neighbors are in favor of the retaining wall. Craig noted another consideration raised by the City was snow removal and storage. Craig indicated he spoke with two private snow removal crews who maintain the driveway on the other side as well as the road that is in front of his property. Page 4 of 8