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09-23-1985 CC MIN . THE REGULAR MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, SEPTEMBER 23, 1985 Members present: Mayor Hinkle, Councilmembers Gunkel, Williams, Engstrom and Schuldt. Members Absent: None Staff Present: Torn Bublitz, City Administratorl Terrv Maurer, City Engineer; Dave Sellergren, Citv Attorney; and Darrell Mack, Sewer Superintendent. 1. The Meeting Was Called to Order at 7:30 p.m. bv Mavor Hinkle. 2. ~sE:uda It.ems 10 1/2 Progr"am for" Star Cities Pr"esentation, and 11 1/2 Winter Road Maintenance were added to the agenda. COUNCILMEMBEe_SC8ULDI_MO~ED_Io_~eeeO~E_I8E_SEeIEMBEa_23~ i285_CIIY_COUNCIL_~GEND~_~S_~ME~DED___COUNCILMEMBEa_GU~KEL SECONDED_I8E_MOIION___I8E_MOIO~_e~SSED_4=Q_ 3. ConsidE:caLiou_of_EE:asihi~iL~_SLUd~_Eoc_SaniLaC~_SE:wE:C_and WaLE:c_Main_lmeco~E:mE:nLs_on_SimonE:t_Dci~E:. Terrv Maurer, the City's Engineer, stated that he had completed the feasibilitv studv for sanitarv sewer and water main improvement5 on Simonet Drive, 6th Street and Xenia Avenue. He further stated that the feasibilitv studv included sanitary sewer, water main and restoraton of streets and also stated that the cost per unit for sewer, water and street restoration was 58,600. Frontage road constructon along Highwav 10 was discussed and the City Engineer indicated that he had spoken with Mr. Jim Pavich of MnDOT and was told that according to MnDOT, frontage roads are local streets and was also told that with the current construction project on Highwav 10 there would be no chance of obtaining funding in the foreseeable future. Terry Maurer then stated that any frontage road construction would have to be a City project using local funding. It was the consensus of the Citv Council that Terrv Maurer, the Citv Enginner, get a rough estimate of the cost and the details involved in a frontage road. COUNCILMEMBEe_GUNKEL_MO~ED_IO_~DoeI_aESOLUIION_85=48_~ aESOLUIION_eECEl~l~G_EE~SlBlLlIY_SIUDY_~ND_C~LLlNG_EOa_eUBLIC 8E~elNG_ON_S~NlI~aY_SEWEa_~ND_W~IEe_M~lN_lMeaO~EMENIS_ON SlMONEI_Del~E~_SlXI8_SIaEEI_~ND_XENl~_~~ENUE_~lMeeO~EME~I eaO~ECI_i285=31___COUNCILMEMBEa_SC8ULDI_SECONDED_I8E_MOIIO~_ 18E_MOIIO~_eASSED_4=Q_ Staff_aeeact_a~_l~facmatia~_~eeti~s_~eld_Wiih_aeside~ts_i~ Wesiwaad_Suhdi~isia~ The City Administrator stated that at the informational meeting held on the sanitary sewer extension, the people mainly questioned the need for the sanitary sewer and the City Administrator further stated that he felt the primary cpncern the people had was the cost of the project. The City Administrator stated that the main question to consider is "What is the f'otential for' ser'ious pr'oblems in the ar.ea a I r'eady. II Darrell Mack, the Sewer Superintendent, stated that there were three or four problems in the area and further stated that if some of the houses should fail, there would be problems in replacin~ the septic systems because of the fact that setbacks from property lines and wells could not be met. The Sewer Superintendent further stated that he felt the most this project could be postponed would be two Years. COU~CIL~E~BEe_E~GSlaOM_MO~ED_Io_aDoeI_aESOLUIlO~_85=~g_a aESOLUIIo~_oaDEal~G_I~E_eaEeaaaIlO~_OE_EEaSlBlLlIY_SIUDY_O~ sa~lIaaY_SEWEa_lMeaO~EME~I_eaOJECI_l~_WESIWOOD_SUBDl~lSlO~~ lSLa~D_~lEW_I~laD_aDDIIIo~~_a~D_LU~DGaE~_~OMES_ElaSI aDDIIIo~~_eaOJECI_85=~~__COU~CILMEMBEe_GU~~EL_SECO~DED_I~E MOIIO~~__I~E_MOIIo~_easSED_~=O~ 5. Co~sidecaiioo_of_eeLommeodaiion_Eoc_eaciial_eaxmeni_Eoc eidsewood_Biiuminous_O~eclax_eco~eLi COU~CILMEMBEe_WILLIL~MS_MO~ED_IO_Ga~~I_e~eIlaL_eaYME~I ESIl~aIE_~O~_l_IO_BUEEaLO_BlIUMl~OUS_l~_I~E_aMOU~I_OE SA8~A76~06~__COU~CILME~BEe_E~GSleOM_SECO~DED_I~E_~OIlO~~__I~E MOIIO~_eaSSED_A=O~ (Items 6 through 10 are public hearings starting at 8:00 to 8: 30 f'. ITI. ) -2- . 10.5. ~coscam_Eoc_SLac_Ciiies_~ceseniaiian The City Administrator indicated that he had spoken with .Jac~: ie Schuel ier. fr'om the Chamber' of Commer'ce and she had requested that he review the program for the Star Cities Presentation with the City Council. The City Administrator reviewed the Star Cities Program at this time. 11. Considecaiion_of_S~e~ial_E~e~uiiYe_Session The City Administrator explained that the State Statute pr'ovides for' a sF'ecial closed session to consider' str'ategv for labor negotiation proposals conducted under the Public Employment Labor Relations Act. COU~CILMEMBEe_GU~KEL_MO~ED_IO_80LD_Q_S~ECIQL_EXECUIl~E CLOSED_SESSIO~_IO_CO~SlDEe_LQBOe_eELQIIO~S_MQIIEBS_QI_I8E ELK_Bl~Ee_~UBLlC_LlBBQB~_O~_SE~IEMBEB_23~_1285_QEIEe_I8E BEGULQe_CII~_COU~CIL_MEEIl~G___COU~ClLMEMBEB_WlLLlQMS SECO~DED_I8E_MOIIO~___I8E_MOIIO~_~QSSED_~=O_ 11.5.Winiec_Boad_Mainienan~e_Seminac The Ci ty Admi rli s tr'a tor' i nfor'med the Ci ty Counc i I tha t ther'e is a winter road maintenance seminar being held in St. Cloud and further stated tht it has been allowed for in the budget. The City Administrator indicated that Phil Hals, the Str'eet SUF'er'intendent has requested F'er'mission fr'omthe Council to attend the seminar. COU~CILMEMBEB_E~GSIBOM_MO~ED_IO_GBQ~I_~EeMlSSlO~_Io_e8lL 8QLS~_I8E_SIBEEI_SUeEBl~IE~DE~I~__IO_QIIE~D_I8E_Wl~IEB_BOQD MQl~IE~Q~CE_SEMl~Qe_IO_BE_8ELD_l~_SI__CLOUD___COU~ClLMEMBER GU~KEL_SECO~DED_I8E_MOIIO~___I8E_MOIIO~_eQSSED_~=O_ 12. Cbeck_Begisiec COU~CILMEMBEB_E~GSIeOM_MO~ED_IO_Q~eeO~E_I8E_C8ECK_BEGlSIEB_ COU~CILMEMBEe_GU~KEL_SECO~DED_I8_MOIIO~___I8E_MOIIO~_eQSSED ~=O_ 6. ConsidecaLian_Of_Besuesi_Eoc_QdminisicaLian_Eac_Ecanklin ,DceissisLeublic_8eacing The City Administrator stated that Mr. and Mrs. Franklin Dreissig who live at 18930 Concord Street in Elk River, located in the Westwood SubdiVision, are requesting an administrative subdivision to make lots 6, 7, and 8 into two lots by extending lot 8 fifteen feet to the north and by eliminating the lot line between lots 6 and 7 because of he fact that Dreissig'shome is located on the lot line. Mayor Hinkle opened the public hearing. -3- Joe Serslove approached the Council and stated that he was a neighbor to the immediate south of Mr. and Mrs. Dreissig and further stated that he recommends approval of the administrative subdivision request. Mayor HInkle closed te public hearing. COU~CILMEMBEa_E~GSraOM_MO~ED_rO_Gae~I_I~E_eDMl~lSraQIl~E SUBDl~lSlO~_aEQUESI_BY_Ma__Q~D_MaS__EaQ~~Ll~_DaElSSlG-OE 1823D_CO~COaD_SIaEEI_~OaI~WESI_l~_EL~_al~Ea_-_COU~ClLMEMBEa GU~~EL_SECO~DED_I~E_MOIIO~___I~E_MOIIO~_~QSSED_A=D_ 7. Qdminis1ca1i~e_sllbdi~ision_Ceglles1_b~_Mc__~icioc ScbleissL~llblic_~eacing The City Administrator indicated that Mr. Victor Schleiss owns three lots on the corner of Main Street and Upland Avenue and further stated that he is requesting an administrative subdivision for these lots. The City Administrator noted that Mr. Schleiss had approached the City Council in 1983 requestins an administrative subdivision of these lots for the purpose of movins the lot lines. The City Administrator then noted that the applicant is now requesting to put the lot lines back to the orisinal state which is 69.96 ft., 66.00 ft., and 66.00 ft. because of the setback problems for buildins. Mayor Hinkle opened the public hearing. Mr. Schleiss was present and indicated that the reason for his subdivision request was so the three lots would be approximately the same size. Mr. Orin Beck from the audience, stated he lived at 420 Upland and questioned Mr. Schleiss as to what he would be buildins on the lot. John MacGibbon was present and stated he felt every lot owner has a little equity in the subdivision in which they are located, an therefore, every time an administration subdivision is granted, the residents in the subdivision lose a little of this equity. Mayor Hinkle closed the public hearins. COU~CILMEMBEa_SC~ULDI_MO~ED_IO_Q~~aO~E_I~E_QD~I~ISIaeII~E SUBDI~lSIO~_aEQUESI_B~_Ma__~ICIOa_SC~LElSS_EOa_~aO~aI~_O~ I~E_COa~Ea_OE_.MQI~_SIaEEI_Q~D_U~LQ~D_Q~E~UE___COU~CILME~BEa GU~KEL_SECO~DED_I~E_MOIIO~___I8E_MOIIO~_~QSSED_A=D- 8. ~UBLIC_~EAal~G_EOa_SC~OOL_SlaEEI_SQ~IIQa~_SEWEa_lM~aO~EME~I ~aOJECI_1285=2_ Terry Maurer, the City Engineer, stated that he had -4- presented the City Council with a memo explaining further the analysis of the .alternatives for the proposed School Street Sanitary Sewer Project. Mr. Maurer explained the three alternatives as follows: 1. Leave the proposed improvements. but eliminate Creative Estates' property from the proposed assessment roll. 2. Revising the proposed improvements to only serve the proper~ies between Jackson Avenue and Proctor Avenue. 3. Leaving the proposed improvements unchanged but reduce the assessment to Creative Estates Propertv by the 1978 sewer assessment on that propertv. Terry Maurer stated that out of the three alternatives presented. the City Council had chosen alternative number three. Terry Maurer then discussed the other costs whi~h would be involved above and beyond the actual improvement charges; those being sac char"ges and hook-up charges. Mayor Hinkle opened the public hearing. Mr. Leonard Babinsky was present and questioned how the sewer would benefit him when there is alreadv a sewer line in the area. Mr. Maurer indicated that the existing sewer line is close to being at full capacity. Mr. Bud Houlton stated that he has four acres of proeprtv not being serviced by sewer and water and he is in favor of the project going through. Joe Crawford. representative of the Catholic Church. was present and stated that they were in favor of the project also. Darrell Mack. the Sewer Superintendent. stated that anybody who is hooked UP to the existing sewer line now does not have a problem, and further stated that it is the prople who want to hook UP at the present time that would be causing the overload on the sewer line. Larry Morrell was present and questioned whether anybody else would benefit from the new sewer line and also questioned whether the school would benefit. Larry Morrell further stated there was a need for the new line, but was questioning whether the charges were being properlv divided. The low spot in the existing sewer pipe on Creative Estates Property was discussed. John Weicht stated he felt the City should have some responsibility in paving for the repair of the low spot in the pipe. Darrell Mack. the Sewer Superintendent, stated he felt it was not a big problem and further stated that because he cleans it twice a year. it is -5- not a problem toth~ City and further stated that even if the lo~ spot were repaired, not hook-up would be allowed for any building using a larse amount of water. Larry Morrell, asain stated that he felt more people would be benefit ins from the new pipes than are beins charsed for it. Larry Morrell further sussested that maybe some kind of a barsain could be made in that the City pay $3,400 of Creative Estates Assessment Charse and Creative Estates pay $5,000. Mayor Hinkle closed the public hearins. Mayor Hinkle opened the public hearins on the proposed assessment for School Street Sanitary Sewer Improvement Project 1985-2. Mr. Leonard Babinsky stated that he would like it known that he is obJectins because the City is reducins Creative Estates assessment charse and further stated that he felt he should also have a reduced assessment charse according to what was charged to his property in the past for the sewer line. Mayor Hinkle closed the public hearins. Councilmember Williams stated he felt the City had done their fair share in tryins to help the people come UP with a solution to the problem in that the Council held two meetins sessions with the people and had come UP with different alternatives for the assessment charses, and further stated that he felt the people concerned could not come to a decision. Councilmember Williams stated that because of this, and also because of the fact that the construction season is comins to an end, he would like to see this matter tabled until sprins. COU~CIL~E~BEe_~LLLIQ~S_~O~ED_IO_IQBLE_I8E_SC800L_SIeEEI ,SQ~LIQeY_SC800L_eeO~ECI_U~IIL_SeeL~G_1286~__Q~D_IO_eEOeE~_I8E eUBLIC_8EQel~G_QI_I8QI_IL~E~_Q~D_EUeI8Ee_I8QI_LE_QI,_I8QI_Il~E I8E_eEOeLE_CQ~~OI_CO~E_Ue_~LI8_Q_SOLUILO~~_I8E_CIIY_COU~CIL WOULD_I8E~_~QKE_I8E_DECLSIO~_O~_~8QI_S80ULD_BE_DO~E aEGQeDl~G_I8E_SC800L_SIeEEI_SQ~LI~aY_SE~Ee___COU~ClL~E~BEe GUNKEL_SECO~DED_I8E_~OIIO~_ Mr. BabinskY stated that he would also like it stated that he is willins to pay his fair share, but he does not want to Fay somebody elses share of the assessment. A representative from Central Lutheran was present and stated that they are havins sewer Froblems at the present time and have been told that they would have a problem soins throush the winter. -6- 18E_MOIIo~_e~SSED_~=Q~ 10. eublic_8eacin9_an_~mendmeni_Io_De~elQ~meni_ecQ9cam_Eoc De~~lo~meni_Disicici_~o__i The City Administrator indicated that it was essential that an amendment be made to the development program for Development District No.1. Mavor Hinkle opened the public hearing. Dave Sellergren, the Citv Attornev, stated that the amendment is necessarv to ma~:e available tax increment funds for the project. The Citv Administrator stated that bv amending the develnpment program in this matter. the development program for Development District No. 1 would acknowledge the public improvements in the Evans Park Pro~iect. Mavor Hinkle closed the public hearing. COU~CILMEMBEa_SC8ULDI_MO~ED_IO_~DoeI_BESOLUIIO~_85=5Q_~ BESOLUIIO~_~ME~Dl~G_I8E_DE~ELOeME~I_eBOGB~M_EOa_DE~ELOeME~I DlSIBlCI_~O~_i_IO_eUI80BlZE_CEBlel~_eDDlIlO~eL_eUBLlC IMeBO~EME~I_~CIl~lIlES~__COU~ClLMEMBEB_E~GSIBOM_SECO~DED_I8E MOIIO~~__IUE_MOIIO~_eeSSED_~=Q~ 13. edJoucnmeni There being no further business COU~CILMEMBEa_SCUULDI_MO~ED IO_~DJOUa~_I8E_MEEIl~G~__COUNClLMEMBEB_WlLLleMS_SECO~DED_I8E MOIIO~~__I8E_MOIIO~_eeSSED_~=Q~ The Elk River Citv Council Meeting adjourned at 10=00 p.m. ,1~~ ,/~ ...:::U.~ Sandra Thackerav . I Recording Secretarv -7-