07-27-99- 6
SAINT MICHAEL CITY COUNCIL
July 27, 1999
Saint Michael Council Chambers 7:00 p.m.
Present: Mayor Wayne Kessler; Council Members Kenneth Duerr, Thomas Hagerty, Dean Eggert and Joe Hagerty; Engineer Jeffrey Roos; City Attorney David Lenhardt; City Administrator Robert Derus; Planner Marc Weigle; and Deputy Clerk Carol Beall.
Mayor Kessler called the meeting to order, declaring a quorum present. The Pledge of Allegiance was said, and all present welcomed.
SET AGENDA. Administrator Derus asked that the Mayor’s response of July 27 to the letter from Carrie Kuckler be noted, Council Member Eggert asked to update on the Hockey Bond; Council Member Duerr wished to pass on comments he has received regarding the traffic signal on 241; Council Member Hagerty stated he had questions to ask at the time of the engineer’s report. Councilors Duerr/Eggert moved to approve the agenda as amended, with all voting aye.
CITIZEN INPUT. Robin Kohn, who lives in Saint Michael on Lake Charlotte asked to give a quick update on the Rockford Township Subordinate Sewer District. He said some Rockford Township residents were trying to circulate a petition for a reverse referendum. Kohn said he would like to propose that the City of Saint Michael look at this as one project, so that those on the Lake in Rockford Township would be assessed more fairly. He suggested the engineer look at how much cost would go and how much would stay and then let Rockford Township decide how they are going to divide it up among their residents. Engineer Roos said the City has tried to do that throughout the project; however, one of the problems is that Rockford Township keeps changing the numbers so that it is hard to figure it out. Kohn felt if they could at least say it was calculated out fairly, the neighbors would feel better. Roos said that has been done at least five times, and he explained exactly how the calculations were originally done. There was discussion as to how it could be possible to make this work both legally and fairly. The matter will continue to be open to discussion, because the City Council is as anxious as the residents to put this project in place.
Donald Kasper said he went to the Planning and Zoning public hearing last Wednesday and he had a complaint and a request. He asked for compensation for putting up with additional water on his property for years. He said he would like to have access to sewer through the Royal Meadows subdivision in compensation for putting up with the water for so many years. There was discussion concerning a sod crop contract which he alleged he had to cancel because of the water. He said he has also asked the County to not give him any more water, but nothing has been done. He suggested matching grants to help clean up the creek; however, the Mayor pointed out that those in charge of the creek do not want it cleaned up. Kasper said he felt he was being discriminated against. The attorney said the Council could not handle a compensation complaint at this meeting. The City Administrator explained again to Kasper how the city would handle the wetlands at the time of development, and the Planner pointed out that the Kasper property was shown on the proposed phasing portion of the Land Use Plan for the year 2005. It was explained to Kasper that the city would be doing the cleaning they had promised at the July 21 meeting. Any claim for compensation would need to be handled as a separate item.
CONSENT AGENDA. There was brief discussion on the consent agenda items. Council Members T. Hagerty/Duerr moved to approve the consent agenda, including minutes of July 13 and 20, 1999; June, 1999 Treasurer’s Report; Resolution 07-17-99/1, Accepting the Resignation of Joanne Carlson, effective July 30, 1999; Resolution 07-27-99/2, Approving renewal of the Pull Tab Gambling License for the Albertville Lions at the Millside Tavern; Resolution 07-27-99/3, Approving Partial Pay Estimate No. 1 to Dennis Fehn Gravel & Excavating, for St. Michael Business Center in the amount of $260,943.72; Resolution 07-27-99/4, Approving Partial Pay Estimate No. 1a for the Saint Michael Business Center Improvement Project in the amount of $9,225.00 to Dennis Fehn Gravel & Excavating, Inc.; Resolution 07-27-99/5, Approving Pay Application #8 for the Public Works Facility in the amount of $9,948; Resolution 07-27-99/6, Approving Partial Pay Estimate No. 2, Central Fire Station, in the Amount of $15,025; Resolution 07-27-99/7, Ordering improvement and preparation of plans for Frankfort Parkway in the Hypointe Subdivision; Resolution 07-27-99/8 Ordering Improvement and Preparation of Plans for Frankfort Parkway in Highwoods III Subdivision; Receipt of June, 1999 PSG Wastewater Treatment Report; Resolution 07-27-99/14, approving a one-day On Sale Non-Intoxicating Liquor License to the Church of St Michael for September 12, 1999; and Resolution 07-27-99/9, Approving a one-day charitable gambling license for the September 12, 1999 Church of St Michael Festival. All voted aye.
PUBLIC WORKS SUPERVISOR REPORT. Public works supervisor Ed Haller referred to quotes for blacktop repairs, which were included in the Council packets, and answered questions. Council Member T. Hagerty asked how this fit into the budget. Administrator Derus said it fit into the budget line item for street repairs. Crack filling and sealcoating is proposed to be done in-house in the spring of the year. Funding will be carried over so that what was not done this year can be done next year. Two quotes on the blacktop were over $25,000; however, the law says that if it is estimated that the project will be under $25,000, it is only necessary to get three quotes. One did indeed come in under $25,000 which would clearly be in the best interests of the city. Council Member Duerr/Eggert moved to award the quote of $24,775 to Pioneer Blacktop, Inc. for Street patching as per the quote. All voted aye. Pickup Truck Purchase. Haller said they he, Karl, and Wayne are driving their personal vehicles. Another of the City’s trucks is in the shop for repair again. Haller said he would like to look at the purchase of a one-ton with a utility box. He has not been able to get the state contract yet, so he does not have a specific recommendation at this time. Haller said another issue he wanted to address was silt runoff in the city. He said the City needs to get serious about making developers and builders seed and use silt fencing. He has looked at some storm sewers which are completely filled up. In most cases the developer puts in his lots and leaves. Haller said the City needs to get seeding in and then silt fences need to be up during the building, and at least some sod should be required before closing. Haller suggested the City should require landscaping of the first 15 feet or whatever the city has for right-of-way. St. Michael’s ordinance only says at this time that seeding needs to be established within a year. Haller said a lot of money is going to be spent on cleanup for the little that could be spent on preventive maintenance. Council Member Duerr discussed some of the surrounding communities that have some of the same problems. Duerr said the rolling hills also complicate the problem in a community like Saint Michael. Attorney Lenhardt said the city could have an ordinance that would state a homeowner has to leave a silt fence in place until the yard is established. Mayor Kessler said he and the City Administrator have been discussing this subject and trying to figure out what the city can or should do. Haller asked the council to discuss this in the future and try to implement something that will benefit the city.
SPECIAL ASSSESSMENT PUBLIC HEARING BERNINGWOOD SEWER, WATER AND STREET IMPROVEMENT. Mayor Kessler opened the Berningwood public hearing at 7:45 p.m. He turned the meeting over to Engineer Roos, who gave a brief description of the project and the meetings leading up to this point. Engineer Roos said the Council had agreed to hold the public assessment hearing before awarding the bid for the project and this is what was happening at this time. Roos gave a comparison of the feasibility estimates and the actual costs. The original estimate was $1,617,975. The actual costs based on the bids showed the sanitary sewer lower. The water main was about the same as the estimate. Storm sewer was a little higher and the streets and restoration were quite a bit higher (about $75,000 higher), giving actual costs of $1,640,670.38. How this affected the proposed assessment rates was the next question. This information had been given to residents who were present at a earlier neighborhood meeting.
Roos explained that after the adoption of the assessment roll everyone has the option of paying off their assessment in part or in whole with no interest charges. After that 30 days, there will always be interest charged from the date of adoption to December 31 of that year. Randy Marsh asked if that is typical. Roos explained that is the way it is always calculated. The interest does not go to the County, but to the City.
Don Lundeen, 47th Street, suggested various options homeowners might want to use to pay for the assessment, such as borrow against home improvement. He said it is not all deductible and it is best to check with your cost accountant before making a decision which way to go.
Karen O’Neil asked “No one is paying $10, 500?” Roos said that was correct.
Karen Snyder asked the engineer to address the issues of the value of return on the home. She said she does not believe that they could get $20,0000 more for their house if the were to sell it. Roos said some improvements are easier to justify than others, such as the cost for sanitary sewer, which was less than the amount to put in an on-site system. Water is not a part of this project, but usually it can be justified as well. He said that storm sewer assessments is somewhat of a gray area. For some there is an obvious benefit and others believe there is none. But the courts have generally been supportive of an area basis where everyone benefits in a neighborhood. The streets are more an aesthetic contribution to the value of a lot, plus the street provides the access. Snyder said the streets would not have to be replaced if the sewer was not going in. She said the residents had already paid for the streets and she wondered why they had to pay again. Roos explained how the city assesses for replacement of streets, but pays under general taxes for maintenance. Snyder asked if each resident would be getting a breakdown of the costs. Roos explained how the information goes to the County and is then shown on the tax statement received each year.
Randy Luken asked if there is any work slated to clean out the ditches that the storm sewer flows into.
This will be looked at.
Randy Marsh asked if the City Assessor will come around next year and add $20,000 to the property values. Roos said that does not happen, but comparable sales will usually dictate if home values go up.
Jim Hewitt asked what type of apron will be put on to match up the existing driveway. Roos said surmountable curbs will be put in. The grades will be adjusted somewhat and matching done. He said each driveway is videoed before the contractor starts.
Joanna Kuhn asked if they have to be able to tell the contractor where the best place is for the hookup in the yard. Roos said the question was how you determine where to run the service up to the property line. Roos advised a plumber should be asked to come out and say where the best place would be to come into the house. Then the City could determine where the best place would be to have it at the street. Costs of hookup were briefly discussed, including abandoning septic tanks. It was asked that the time frame be discussed again. If the project proceeds and the bid is awarded this evening, the contractor will meet tomorrow and he will give the city his plans. The Engineer’s Office will send a newsletter to residents to let them know what is planned.
Ray Johnson, Berningwood, said it is his understanding that Lenz and Hillwood had a pending project and that they were not going to be required to have curb and gutter. The status of the Lenz Hillwood project was briefly discussed as well as the difference in that project.
Lorri Hedlund asked if other services would be interrupted such as gas and electricity. Roos said that should not happen, but once in a while something does go a little wrong.
Eric Dehmer said he is curious on the Sanitary sewer if they each have two lots. If they want to split off and sell a lot whether they could. Roos explained that in most cases the lots are already separate, although a few have joined their lots. He said that some had situated their home in the middle of the two lots, so that would not work. Those who want can have another hookup for the second lot for $463.
It was stated that at one time the city talked about not doing the curb and gutter. Was that changed? It was discussed and it was decided not to go with no curb and gutter. Roos said it adds about $8 a foot or about $1500.
Tim Tuffs said at a previous meeting the water was talked about. He asked how the city is going to provide that to homes. Roos said it is not an unusual project where you replace water mains and he explained how the connections are made from the new lines up to the house. Tuffs asked if it was truly sanitary and drinkable. Roos said it is safe and sanitary, but will not be as cold as they are used to.
Joanne asked how far up into the property line they will be working. Roos said up to the property line, which is usually 33 feet from the center of the road. Mike Kuhn asked what are they going to do with all the established trees that are into the easement area – are they going to cut them out? Roos said the trees will be saved as much as possible. The sewer, which will be going the deepest, will be in the center of the road. Roos said not much more than about 18 feet out from the center of the road should be disturbed. Kuhn said he thinks his lot may have been mis-marked. Roos said there are some situations in Berningwood where the road is not in the middle of the easement, but the project will follow the road as much as possible.