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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 10 of 14 (8. FOREST LAKE DRIVE STORM SEWER IMPROVEMENTS, Continued) The estimated costs for this project were presented to the Council at the June 13, 2011, meeting, as well as the estimated costs to replace the failing downstream pipe. The estimated costs assume Public Works staff will complete the project and includes material costs as well as an allowance for labor costs incurred by Public Works staff. Kellogg indicated they are also in discussions with the Minnehaha Creek Watershed District to pursue any cost sharing opportunities. It appears there may be a $2,000 matching grant available from the Minnehaha Creek Watershed District. McMillan asked if the existing pipe would be removed. Kellogg stated the existing pipe would be abandoned in place. Mayor McMillan opened the meeting up for public comments at 7:58 p.m. Jerry LeMire, 4205 Forest Lake Drive, stated the Homeowners Association is agreeing to a 10-foot easement off of the west property line and that the City will be drawing up those documents for them. Kellogg indicated the document has been forwarded to Tom Barrett. Aaron Russ, 915 Forest Arms Lane, indicated he has assumed the presidency of the homeowners association from Tom Barrett. Russ stated he has been informed by Tom Barrett that everything looked good with the documents. Russ indicated he does have a couple of comments regarding the legality of the easement and whether something could be built on it. Kellogg stated generally under the easement they would not allow structures to be built since it would likely compromise the integrity of the pipe. The easement is basically a 10-foot strip along the property line. Two trees would need to be removed up near the roadway. The easement would then follow the lot line and would not encroach any further into the property than 10 feet. The pipe would be 18 inches in diameter. Russ indicated he was looking down the line and whether the encroachment would cause a problem with building if the owners should decide to sell that lot some day. Franchot noted there is a 10-foot side setback anyway and that it is unlikely the City would allow anything to be built in that area. Russ commented he was wondering about the future value of the property give the easement. Kellogg stated generally on new subdivisions there is a 5-foot utility easement on both sides of the property line. In this case it made more sense to have a 10-foot easement on the one property to avoid the removal of some trees. McMillan thanked the residents of the Forest Arm Homeowners Association for allowing the City to relocate the pipe on their property. McMillan commented that relocating the pipe will help prevent a lot of sedimentation from draining directly into the lake. Item #03 - CC Agenda - 09/12/2011 Approval of Council Minutes 08/22/2011 [Page 10 of 14]