10-28-1991 CC MIN
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~fF.ETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER HIGH SCHOOL THEATER
MONDAY, OCTOBER 28, 1991
MEMBERS PRESENT:
Mayor Tra.lle, Councilmember Holmgren, Schuldt, Dietz, and
Kropuenske
MEMBERS ABSENT:
None
STAFF PRESENT:
Patrick Klaers, City Administrator; Terry Mmlrer, City
Engineer; Pp.ter Beck, City Attorney; and Sandra
Thackeray, City Clerk
1. Call Meeting to Orde~
Pursuant to due call and notice thereof, the meeting of the Elk River
City Council was called to order at 7:00 p.m. by Mayor Tralle.
2. Consider 10/28/91 City Council ~t!enda
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 10/28/91 CITY COUNCIL
AGENDA. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
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3.1. Consi der 10/17/91 Special City Counci 1 MiJ.lUtes
COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 10/17/91 SPECIAL CITY
COUNCIL MINUTES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
3.2. Considp.r 10/21/91 City Council Mim!..t.es
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 10/21/91 CITY COUNCIL
MINUTES. COlJNCJLMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED
5-0.
4. Qpen Mike
No one appeared for this item.
I) .1. Consider Improvements for the Nortl1e~~:tt Connty State Aid Hil{hl!1!.Y_ #1
p'roj~ct (Ele!!LEIDtary School )/Public H~arLILl{
Terry Maurer indicated that the project consists of sanitary sewer,
watermain and street and storm sewer improvements to serve the proposed
elementary school as well as land for future development in the City of
Elk River.
-
Terry Maurer indicated that the project was started from a petition
which was si gned by three of the major property owners. Terry Maurer
reviewed each element of the project and the proposed sanitary sewer
assessment area. Sanitary Sewer is the only part of the project that
City Council Minutes
October 28, 1991
Page 2
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is to be assessed to properties other than the school si te. Terry
Ma.urer indicated that the estimated total project cost was $465,424.50,
plus overhead expenses, and was based on actual construction bids that
were submitted in October.
The City's Attorney, Peter Beck, reviewed the assessment appeal
procedure. Mayor Tralle indicated that the assessment hearing is
scheduled for November 6, at 7:00 at the Elk River Public Library.
Mayor Tralle opened the public hearing.
Bill Brady, of 12553 193rd, had several concerns. He stated that
according to the original feasibility study, the cost for the project
has increased 71%. Terry Maurer indicated that after soil borings were
taken it was determined that there was more ground water to deal with
than anticipated and, therefore, the installation method of the pipe as
proposed in the original feasibility was not sui table. He indicated
that this raised the cost considerably. Mr. Maurer indicated that 13
bids were received for the project and was satisfied that the City
received the lowest bid possible.
Mr. Brady questioned whether work has begun on the sewer line. Terry
Maurer indicated that work has not begun on the sewer line.
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Mr. Brady also questioned the benefit area. He questioned why only 198
acres were being assessed when the project actually benefits the entire
northern area and felt the City should consider assessing the entire
area. Terry Maurer indicated that the other areas Mr. Brady was
referring to would be assessed when Phase II improvements were made.
Mr. Brady questioned whether the sewer line would benefit these areas
at the present time. Terry Maurer indicated that the area would not
receive direct benefit. Mr. Brady indicated that he did not feel the
City was treating him fairly by placing the assessment burden on a
small area.
Virginia Barnier indicated she owned property west of the elementary
school. She questioned whether she would be able to connect to the
sewer system if her property were sold. Terry Maurer explained that
Ms. Barnier would have to petition the City for the improvements,
thereby starting the assessment process for the Phase II improvements.
There being no further comments, Mayor Tralle closed the public hearing.
Council member Schuldt questioned whether the project could proceed if
Mr. Brady's property were excluded from the project. Terry Maurer
indicated that the cost would have to be absorbed by the remaining
properties in the project. Councilmember Kropuenske indicated that the
property owners i Dcluded in the proj ect area have the opportun i ty to
gain direct benefits from the project.
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COUNCILMEMBER KROPUENSKE MOVED TO ADOPT R.ESOLUTION 91-61, A RESOLUTION
ACCEPTING BTD AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF
THE COUNTY STATE AID HIGHWAY #1 ELEMENTARY SCHOOL STREET AND UTILITY
City Council Minutes
October 28, 1991
Page 3
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IMPROVEMENTS OF 1991. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
5.2. COlJs!d~.r_ll!l12TOVements for Westwood Area P_ro.iectjpublic Hearing
Terry Maurer reviewed the project history of the Westwood area
improvement including results of the 1985 study. He indicated that on
Sept.ember 30, 1991, an informational hearing wa.s held by t.he City
Council and much public input was received. He stated that staff was
given direction by the Council to look at possible reductions in the
overall assessment. One assessment. reducti on that may be possible is
to reduce the street assessment to $20 per front foot. He i nd i cated
that this would make the street assessment equivalent to those streets
receiving MSA funding. Terry Maurer indicated that City st.aff also
looked at buildable unit assessments versus front footage assessments.
Terry Maurer indicated that the City will review bot.h of these methods
of assessment to determine t.he best assessment method for the project.
Mayor Tralle opened the public hearing.
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Arnie Mach of Paradise Park indicated that his plans for his property
are to keep it in its natural state. He stat.ed that his lots are
unbuildable lots and that the property is low land and wet land. He
further indicated that a street could not be built in that area as
originally platted due to the low land. Terry Maurer indicated that
the City is considering looping a water line through the area, but is
not proposing to build a street because of the low land.
Mr. Watzke stated that he does not see a need for the street at 188th
and Boston to continue and asked if this street could be vacated as is
planned for 189th Street.
Dave Hurd, 1891.9 Albany Street, indicated he had lived in the
nei ghborhood for 14 years and t.hat there were no problems in the area
with water for the first ten years. He stated that he feels the
development north of the area, in the Industrial Park, has caused some
of t.he water problems in the Westwood area. He further indicated that
he is supporting the improvement project as he feels that ground water
contamination may be a problem in the future. He further indicated
that the safety and health issues should be considered by the Council.
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Ed Buttweiler, 12891 1a7th Circle, inclicated that he had submit.ted a
petition to the Council requesting that the Island View 3rd Addition
and Lundgren Homes Add i tj ons be excluded from the proj ect. Mr.
Buttweiler indicated that there are other State approved sanitary sewer
systems that the Counci I may consider. He further indicated that he
felt additional costs would be added to the project in order to bring
the water and sewer uphill to Island View due to the depth needed for
this service. Mr. Buttweiler commented on the fact that the cost of
the project has risen since 1985. Mr. Buttweiler questioned why the
Ci ty is including curb and gutter in the project when this is not
included in other areas. He indicated that this could be a cost
savings if it were deleted. He indicated that it is the City's
responsi.bility to inform the homeowners of the full impact of the
City Council Minutes
October 28, 1991
Page 4
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project including hook up charges and interest. Mr. Buttweiler also
commented on the flow of the storm sewer into Lake Orono and stated he
would like to know what the DNR assessment is regarding the additional
flow into the Lake.
Mayor Tralle responded by stating that curb and gutter is primarily
installed for water control.
Terry Maurer addressed the concerns regarding the Ci ty using
alternative sewer systems. Mr. Maurer indicated that he did
investigate alternative systems, but felt the biggest factor in these
systems would be the long term maintenance costs. He further indicated
that staff felt as long as City sewer and water is readily available,
it would be more cost efficient to hook up to City services. Mayor
Tralle indicated that the plan for the project would receive DNR review.
Eleanor Todahl, of Boston Street, indicated that she does not have
problems with her sewer or well. She stated that she is concerned
about how she will get the money to pay for the assessment. She
further questioned whether she would be required to hook up to the
services if the project were approved. Mr. Maurer indicated that it is
the City's policy that homeowners hook up to sewer within two years
after it is made available. Eleanor Todahl indicated that she is
opposed to the project.
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Larry Hickman, 12888 187th Avenue, gave a scenario of the cost for the
largest lot and a low income owner of $20,000. He indicated that many
of the people in the area will be losing thei I' homes because of the
project.
Ricki Buttweiler, 12891 187th Circle, gave a cost scenario for a 75
foot lot with financing over 15 years, she indicated that this cost
would be $19,123 which includes interest. She stated that a homeowner
with a 150 foot lot financed over 15 years, would pay $31,364 which
includes interest. Ms. Buttweiler further indicated that she talked to
the Minnesota State Health Department regarding the City's water
tests. She stated that of the tests taken, the worst well in the area
revealed a 5.1 parts per million (ppm)of nitrates. She stated that
there is no enforceable maximum on private wells but there is a 10 ppm
maximum on City wells. She indicated that she did not feel that the
wells should be a concern at this time.
Joe Berglove, 18860 Concord Street, indicated that he had 330 feet of
frontage and that in order to pay the proposed assessment, he would
have to sell some of his property. He stated that the neighbors must
consider the people in the area who are having water problems.
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Di ane Stragge of Paradise Park indicated she owned a lot in Paradise
Park and has been trying to sell the lot since 1980. She indicated
that the bank has refused a loan on the lot due to the water
situation. She further stated that the area is in trouble and that the
the project is needed. She further stated she hoped the City could
find ways to reduce the assessments. . She indicated she was in favor of
the project.
City Council Minutes
October 28, 1991
Page 5
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Jerry Roche indicated that the real need is for storm sewer. He
indicated that if this is the real problem, the Council should consider
installing only the stOrm sewer. Terry Maurer stated that it would be
expensive to put in a storm sewer if the City is considering sanitary
sp.wer and water improvements in the future because the storm sewer
would have to be removed and reinstalled at that time.
Butch Melton, 12838 l88th Avenue, questioned whether Outlot B was
included in the proposed assessment. Terry Maurer indicated that
Outlot B is not considp.red an assessable unlt. Mr. Maurer stated that
thp. City is investigating putting in a water line for a loop system,
howp.ver, no other improvements will be put into that undeveloped
right-of-way adjacent to Outlot B. Mr. Melton indicated that he would
like the area left in its natural state. Mr. Melton questioned the
amount the right-of-way on Zumbro Street. Mr. Melton also commented on
the fact that runoff from the Industrial Park into the neighborhood is
not the homeowner's fault. He stated that it was not fair that the
City wanted to charge him and the neighbors for this problem. He
further indicated that he did not feel it is cost effective to put in
only storm sewer and questioned whether the City was considering
alternative funding for the project.
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Mary Lornstron indicated she owned Lot 1 in Lundgren Homes Addition.
She stated she has not built a home on the lot but may have to consider
selling the lot if the assessment goes through. She stated that even
if the assessment goes through, the cost of the assessment may not
allow her to sell her lot.
Yvonne Hetland, lSSth and Boston, indicated that the Council should
make the homeowners aware of all hidden costs. She further indicated
that once the assessment project is completed, there will be several
homeowners that will not be able to pay for this project and will lose
their homes.
Diane Olson, 18743 Al bany, questioned what happens to the assessments
on the lots that are turned back to the County.
Marilyn VanPatten-Chuba indicated that she did not feel the cost of the
improvement would raise the value on her home in the area.
.Jim Smith, of la8th Avenue, questioned how the small lots and large
lots were determined by the staff.
Marvin Weaver, 12815 Meadowvale, questioned how the City determines
whi ch properties are excluded from the assessment area. He indicated
that he owns property north of Meadowvale with significant road
frontage. Terry Maurer indicated that the City would not assess the
total length of the his property for the street if the property were
included in the assessment project.
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Roger Tarnowski, 18881 Boston, indicated that his main concern is the
water coming down from the railroad tracks. He questioned whether the
fi ve foot storm sewer pipe would keep the basements dry in the area.
Terry Maurer indicated that the storm sewer will not dry up underground
City Council Minutes
October 28, 1991
Page 6
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springs in the area, however, i.f homeowners are experiencing water
problems from surface water run-off, this will be corrected by the
project. Mr. Tarnowski stated he was opposed to project.
Mr. Ken Case of 12951 Meadowvale questioned whether he would be
included in the project. Terry Maurer indicated that sewer and water
could be provided but that roads will not be included in his area north
of Meadowvale Road.
Scott Fitzgerald, 12782 Meadowvale, indicated that he was in favor of
the project and he was concerned about personal welfare of his children
drinking private well water.
Stephen Rohlf, 12821 188th Avenue, stated there were homes in the area
that could not be sold without addressing the problems.
Diane Strege
inevi table.
wi thout the
project.
of 18821 Albany, stated that she felt the project was
She further indicated that she could not sell her home
project being completed and that she is in favor the
There being no further comment, Mayor Tralle closed the public hearing.
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Mayor TraUe stated that after hearing the comments, it seems to be
where the individuals live that determines whether or not they are in
favor or opposed to the project. He indicated that he feels this issue
will come back to haunt future Council's until the issue is settled.
Mayor Tral] e indicated that he has walked the area and that there is
the smell of septic in the area. He stated that there are septic tank~
that are fat ling in the area and feels that with the septic and sewer
problems, the State of Minnesota could force the project and the Ci ty
would not be in a position to receive favorable bids or they may be in
the position to have to condemn homes.
Councilmember Schuldt indicated that the project did not go through in
1985 because of the divided feelings of the neighborhood.
Councilmember Schuldt indicated that the problem will not disappear,
but will only be delayed if the Council chooses not to act on it at
this time. Councilmember Schuldt indicated that he felt if nothing is
done in the area, some people will be faced with properties and homes
that they will not be able to sell or live in.
Councilmember Kropuenske indicated he agreed with Councilmember
Schuldt. He indicated that the Council must look at the situation as a
whole and not on an individual basis. Councilmember Kropuenske stated
that he can Bee the possibility of the excluding Lundgren Homes and the
property north of Meadowvale from the project.
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Councilmember Dietz indicated that the issue seems to come down to
where you live in the area. He indicated that the Council must
consider what is best for the entire neighborhood.
City Council Minutes
October 28, 1991
Page 7
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Councilmember Holmgren indicated that he does not like the high cost
being assessed to the homeowners, but agrees it is a project that needs
to be done. He indicated that the City must address the cost issues.
Mayor 'l'ralle stated that he does not feel that Lundgren Homes and
I sland View Homes Additions, which were mentioned in the peti tion,
should be excluded from the area. He stated that if the project had
went through in 1985, all of these lots would be hooked up to Ci ty
sewer and wa.ter.
COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 91-62, A RESOLUTION
ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN
THE MATTER OF THE WESTWOOD AREA IMPROVEMENT OF 1991 AND THAT ALL AREAS
BE INCLUDED IN THE PRO.JECT. COUNCILMEMBER KROPUENSKE SECONDED THE
MOTION.
Mayor Tralle indicated that he would support the motion. He further
indicated that the City will look at any possibility of tapping into
State or Federa.l funds for assistance for this project. He further
j ndicated that ] etters will be sent to Legislators and Congressmen
regarding funding.
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Mr. Brady questioned whether the Mayor would also consider this type of
support for the School project. Mayor Tralle indicated that School
project wi 11 be mentioned in the request for support letters to the
Congress and Legislature.
THE MOTION CARRIED 5-0.
The Council recessed at 9:55 p.m. and reconvened at 10:00.
7. nther BusineS}i
Pat Klaers indicated that the Chamber of Commerce State of the City
Address will be held on Tuesday, 1/21/92, and requested Council
consensus to participate in this program.
COUNCILMEMBER HOLMGREN MOVED TO CALL A MEETING OF THE ELK RIVER CITY
COUNCIL ON 1/21/92 FOR. THE CHAMBER OF COMMERCE STATE OF THE CITY
ADDRESS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
9. .Adjpurnment
COUNCTLMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING.
SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNC I TJMEMBER
The meeting of the Elk River City Council adjourned at 10:10 p.m.
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Respectfully submitted,
I
<=4~
./
Sandra Thackeray