Request fo opt out of sewer assessment

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2010 7:00 o'clock p.m. CITY ENGINEER'S REPORT *7. REQUEST TO OPT OUT OF ASSESSMENT FOR NORTH FARM ROAD SEWER IMPROVEMENTS Murphy moved, Franchot seconded,to approve the request from Philip Kaufman, 1680 North Farm Road, to opt out of the North Farm Road Sewer Improvement assessment. VOTE: Ayes 5, Nays 0. 8. FOREST LAKE DRIVE/FOREST ARMS JOINT DOCK—DRAINAGE AND SILTATION ISSUE Gaffron stated the siltation problem was first brought to the attention of Staff in February 1993 and was discussed approximately one month ago. A city storm sewer carries sediment-laden runoff from Forest Lake Drive toward the lake through a pipe along the boundary between two private properties, and where the pipe discharges, the sediment settles out in a small delta and is causing some problems as it relates to the docks. In 1993 this became an issue for the Farest Arn�s Association because the LMCD would not approve their request to expand the sizes of their joint dock slips. The alternative was to reconfigure the docks to take advantage of the area near the share,but this is where the water depth was reduced due to siltation. It was determined that a two-part solution would be necessary: First,to remove the accumulated sediment from the lake bottom and constructing a sedimentation basin on land,requiring easements from the association and/or the adjacent neighbors. It was noted that this type of project was not currently funded, but would be a candidate far funding if the City created a storm water utility at some future time. Council reviewed the matter on April 12, 1993, and tabled it for additional information. By July 1993, the Association's concern waned due to high water levels and because they had reached an agreement with the LMCD regarding dock layout. The issue again arose in 1998, brought forward by the Kalweits, the adjoining property owners. The City responded by suggesting that the neighborhood petition for an assessment project as there was no city funding available. No petition was submitted. Kellogg noted the City recently received final approval for their Surface Water management Plan from the Minnehaha Creek Watershed District. In the SWMP is a 10-year CIP that includes storm water improvement projects to be completed over the next twenty years. The estimated cost of those improvements exceeds the funding the City currently anticipates generating from their storm water utility fund over that time period. For that reason, the City will need to prioritize the projects they complete over the next years. At this point it is difficult to determine an estimated project cost without further investigation. It appears that the City does not own any land outside of a street right-of-way in the area and that any BMP installation would require cooperation from the Farest Arms Association or neighboring properties. Additionally, dredging will require permits from the Minnesota DNR, LMCD, the MPCA, and the MCWD. It is likely testing of the sediments will also be required and it may turn out that the dredging will need to be disposed of at a regulated landfill depending on the testing results. Previously funding for an improvement project to resolve these issues involved assessing the residents within the drainage area. Since this item was last reviewed by the Council, the City has created a storm __ Page 5 of 13 ___ _.____