Agenda - Council - 05/10/2011 - Laserfiche WebLink

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CC Regular Session Meeting Date: 05/10/2011 By: Tim Himmer, Engineering/Public Works Title: Consider Storm Sewer Outlet Revisions Related to City Project #08-33; Ute Street Improvements 7. 2. Background: On May 27, 2007 a petition was received by the City Council for the bituminous paving of Ute Street north of 179th Lane (terminating at the dead end turn around). City Council directed the preparation of a feasibility study, which was conducted in the fall of 2008. Through the process, many issues were identified and resolved, and the project was constructed last fall. A public hearing was held prior to the levying of assessments upon substantial project completion. Currently only minor punchlist items and turf establishment remain as outstanding items to be completed. Following substantial completion of the project a concern was expressed by a resident requesting revisions to the new storm sewer outlet located on his property. An easement was acquired from the property owner prior to commencing the project, but there were no meaningful conversations as to what the ultimate design and/or appearance would be for this structure. This individual believes that modifications should be made to the outfall to improve aesthetics and reduce his concern for potential liability should someone become injured while accessing the lake through this location. Attached are some photos of the outfall for review. This item was discussed by the Public Works Committee on April 19, 2011 and it was their recommendation to schedule an on -site meeting with the property owners and staff to discuss 2 issues: 1. Legal implications of an easement over an easement. Does the constructed storm sewer outfall in our easement affect the use of a private access easement over the same piece of ground? Apparently a private access easement to the lake exists between property owners in the neighborhood, and there was concern that this improvement would hinder the use of this property for lake access. The City Attorney is currently reviewing all pertinent information related to this matter, and may have additional input at the Council meeting. 2. A potential outfall revision to address the legal issue described above, and attend to the resident concerns associated with the existing condition. This item should then be scheduled as a stand alone case on the next regular City Council agenda for consideration. Notification: Observations: A site meeting was held on April26, 2011, and a plan developed to narrow the outfall settling basin along the south side to create additional space for lake access. The plan also included that the settling basin get filled with rip -rap to level the grade along the slope, as opposed to leaving it as a hole. These outfall revisions could be completed with the final punchlist items currently underway by the contractor, but they will come with a cost as the final design approved by the Council was implemented per the project specifications. The outfall was constructed, in conjunction with an upstream sump manhole, to improve water quality prior to discharge to Rogers Lake. Staff feels that the outfall is functioning as designed, but revisions could still be incorporated that would alleviate some of the resident's concerns and still comply with the City's approved Lower Rum River Water Management Organization (LRRWMO) permit. The resident has stated that he would like the stilling basin removed all together and have the stormsewer pipes extended down to waters edge. He would also like a different type of rock that isn't as jagged to reduce potential liability concerns from injuries, but there was consensus by all at the meeting that the approach outlined above would improve the situation and be acceptable.