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09/10/1962 - 00023540�-�1 COUNCIL MINUTES - SPECIAL MEETING - SEPTENIBER 10, 1962 A special meeting of the City Council was called to order by Mayor Greig at 8:00 P.M. , � � ROLL CALL: Members present Member absent; � ' Greig, 7Johanson, W�olke, Nee Sheridan PUBLIC HEARING ON ASSESSMENT ROLL - STORM AND SANITARY SEWER IMPROVEMENT PROSECT N0. 24:. . The City Manager read the notice of hearing The Mayor announced Lhat the hearing was open.for Schedule "B" of Pro�ect No 24 A letter was presented to the City Council by Mx'. Oscar E, Johnson, 7450 Pleasantview Drive ob�ecting to the assessment Mr. Ing T, Siverts, Sr. asked about the assessments, and asked if it affected his property It was pointed out that it did not affect his property Mr Conrad was present, and asked how the pro�ect could be completed when his claim was not settled yet Mr Kohlan suggested that this ob�ecYion be noted and stated that he wi11 be contacting Mr. Conrad, probably within the week Mr Harold Miller, 1619 Onondaga Street, stated that he did not see the need for the storm sewer Mr Willets from Minnesota and Ontario Paper Company was present, and stated that their company has 160 acres of land affected by this improvement, and the assessments are in excess oE $13D,000.00. He stated that the land is up Eor sa1e, but it is questionable whether the added benefit of the storm sewer would be sufficient to recover the cost in the sale of the land He is not ma�ing a formal ob�ection to this assessment, but would like some assurance as to what the future cost might be, and would like assurance that any future cost would be spread over the entire area Mr Sohanson stated that storm sewers are always spread on an area basis. The City Manager stated that generally anything 24 inch or larger will spread over the total area Mr Wolke stated that if he does not benefit by the storm sewer, he would not pay but it was his feeling that a 24 inch or larger storm sewer would be paid for by the entire district. Mr Willets stated that the closest the present storm sewer comes Go his property is the northwest corner of the 160 acres Mr Willets also stated that.there was $85,000.00 in sewer and water assessments placed against the property last year, and he was told that further improvemenLs would be on a square foot or area basis. Mr Willets stated that he would like to have something definite to tell his prospective purchaser of this property, what they might expect in the future as far as storm sewer is concerned Mt Comstock explained that the City Council is not always knowledgable as to what storm sewer might be needed in the future, as it is impossible to te11 at this time how the property will develop Mr Willets stated that they have a 40 acre tract on the west side of Central Avenue Northeast and have had two foot contours run on this property, and the 400 feet of this property is included in the assessment district There are about 20 acres of useable land in this piece of property, but by moving a consideraUle amount of dirt, there probably would be 9 additional acres Mr Wolke stated that the Council does get r'equests from time to time to abate the assessments Mr Willets stated that he has the authority of the management of Minnesota and Ontario Paper Company not to ob�ect formally to the assessment, but does not feel that they wi11 recover the cost of it, and he ob�ects to a sub-area, and thinks any additional improvement should be assessed over the entire district Mr Willets stated that there is only a difference of 1 foot in elevation on the northwest corner of their property to the southwest corner Mr ComsCock stated that it would be di�ficult to assess a lateral type of improvement over the total district. There was more discussion as to whether or not 24 inch or larger lines should be assessed for the total district as a main, or over a part of the total distr�ct, Ah�. Kohlan atated that the 24 inch or lerger line could be interpreted ea part of the overall mnin interceptor, e nd leas than 24 inch line aa the lateral� but that the determination csnnot be made at thia time� but it ehould be made in the fliture when the line 3e installed. Mr. Nee atated that he Pelt whatener is put in 1^rom now on ahould be considered a lateral. Ah�. Wolke stated that he diaagrees with I+�. Kohlan in that he feels that the'Council ahould establiah a£actor £or mains at thia time, and to con— aider anqthing 2� inches ot larger as the main. Mr. Kohlan s tated that assuming the construction in the first case was not a complete syatem, that the 24 inch line could then be considered part oP the natn. Mr. Wolke stated that he felt thc Council more or leas set 2Q inch as the aize of the main line. �� Mr. Kohlan stated that the pipe size could not arbitrarily be increased to 2Q inches, s o that the whole area would be included in the easessment. Mr, Siverts asked Mr. Willets if he thought that a large companp would want to bu� the Minneaota and Ontario Paper Company property if it did not have storm sewer, aewer and water in it� Mr. Willets stated na, he did not think they would. He does not object to the lines going in� but on the method of spreading the coat� and he thinks that a determination should be made that any fliture lines 24 inch or larger, ahould be payable by the entire die�trict. Mr. W311ets asked Mr. Kohlan if this would nat be legal. Mr. Kohlan atated that a determination could not be msde at thie time. He stated that the court wil] not try to upaet a 8eciaion of ' �he City Council, generally, if the court feels the Council hea been con- sistent, and has acted in good faith. Mr. Willets auggeated that the Council adopt a policy of aetting 2� inch as the size for the main system. Mr, Wolke stated that he thought the Council did aet such a policy, that anything ovcr 24 inches was part of the main aystem. Mr, Camatock stated that it is poesible that some o£ the Jower portion of the property of the - Minnesota and Ontario Pn per Company would not flox into thia line. Mr. Willets stated that he was told by the Engineering Department that ell of the property could be eerved. Mr. Nee stated that he felt that add- itional linea that were put in would be spread on a more lim3ted basis. The City Maaager stated thnt he t+ould agree with Mr. Wolke that based on the information he had received from the Citq Council and the City Attorney, it was his assvmpkion that anything 2l, inch or larger xould be considered a part o£ the main system by the Gouncil. Ah�. Kohlan stated that the Council can follow any set rule as long as it is reasonable, but the determination cannot be made for the fliture. Mr. Wolke atated that he had ixlieved thet the Council Was operating on the basia that ?_l, inch and larger wae the main system, aad that it was his determination as of now, that he £elt that thie should be considered a mdin. Mr. G;illets stated that he would like a resolution to this ef£ect pesaed ' by the Council. Mr. Johanson stated that he had a hard time eupporting thia storm sewer when it did go in� and thought that Mr, Wolke hns a�ood idea here, The City Manager stated that the Council had eaked the Consulting Engineer to come up with a recoremendation on the sise of linc to be conaidered a main. Mr. Nee stated that he felt that 2/, ' inch seems like an arbitrarq thing. Mr. Wolke stated that part of the reason For putting the atorm sewer in wae to loxer the water table, and the Council ahould sit down and determine what is a main and what ie a lateral. Mr. Wolke asked Mr. Comstock if the interceptor would teke care of the entire assessment area. Mr. Comstock atated not necessarily. A question was asked about having to make a supplemental assessment. Mr, Kohlan s tated that you shonld never say that there ia not going to be another asaessment, as this is slways a possibillty. The City Manager stated that the policy oP setting a size for a main sqatem wae discussed at a previous Council meeting, Mr, Wolke suggested that Comatock and Davis, Inc. give the City Council some idea of what ahould be set as the size for the main system. Mr. Willets stated that they are up againat a time limit. The Msyor stated that this matter of determining a policy for the main system is not going to be re�olved at this meeting� and auggested that the Council move on with the hearing, The Magor asked if anyone elae cared to speak for or against the adoption of the assess- ment roll £or Schedule "B" of Project #2k. No one else was present to speak for or against this portion of the improvement. The Mayor declared the hesring closed on Schedule �'B" o£ Project #24• The Mayor declared the hearing was open for &chedule "A" of Project #24. A question was asked if it is a possibility that there would have to be aome lines installed larger than 2L, inch in this area� The answer was that it might be necessary depending on the street layout, parking lota installed, etc. A question wus asked how this wovld af£ect him. The _ � question was also asked about the area on 7Qth Avenue Northeast, if that would be resolved. The Gity Manager atated that. the project on 74th Avenue ia to be added to a job that is presently under coastruction. The Maqor declared tha hearing closed on Schedule "A" of Projcct #24. LIITION GONFIRMING THE ASSESSMENT - 5TORM AND 3ANITARY SEWER PROJECT _ ; Mr, Kohlan suggested that the passage of th3s resolution be deferred until the next meeting. Mr. Wolke stated that there ate a couple of queetiona he woul.d like to ask the Cons�lting Engineer be£ore next Monday'e meeting. No action taken on this item. 21 Motion by Nee to adopt the above reaolution. Seconded by Jphansoa, Upon a voice vote, there being no nays� the motion carried unanimously. Motion by Johanson to adopt the above resolution. Seconded by Nee. Upon � s voice vote, there being no nays� the motion carried unanimously, RESOLIITION N0. 1�4-�962 - NORTH SUBURBAN SANITARY SEUIER DISTRICT: � The City Manager read the above resolution. Motion by Nee to adopt the above resolution. Seconded by Johanson, Upon s voice vote, there being no nays� the mot3on carried anar�imously. The City Manager gave the background of this project as far as the public hearing held on Julq 5, 1961� and atated that the Council apparently did not wish to asaeas this sapaz'ately� but to wait until the complete area went inr nnd then assess the total area, Motion hy Johanson to tablc action on the preparation o£ the assessment rol] for S�orm Sewer Profect �51. Seconded by Nee. Upon e voice vote� there being no nays� the motion carried unanimously. Motion by Tohanson to adopt the above resolution. Seconded by Nee. IIpon a voice cote, there being no nays� the motion carried unanimously. Motion by Johanson to adopt the above resolution. Seconded by Wolke. IIpon a voice vote, there being no nays, the motion carried unanimously. Motion by Johanson to adopt the aboee resolution. Seconded by l•7olke. Upon a voice vote, there being no nays, the motion carried unanimously. RFSOIUTION N0. 138-1962 PROVIDING FOR ISSUANCE DF HONDS FOR PARK PURPOSES; The City Manager read the above resolution. Motion by 19ee to adopt the above reaolution. Seconded by Wolke. Upon a voice vote, there being no nays� the motion carried unanimously. RFSOLUTIQN N0. 139-1962 SETTING DATE FOR PRIMARY CITY II,EGTION: The City Glerk re;ad a letter addressed to the City Attorney informing him thet Mr. Clarence Kranz, who hnd filed for the office o£ Maqor, apparently did not have a valid petltion� as one of the ten signers to the petition was not a registered voter. The City Clerk the�a read e letter from Mr. %ohlan� which letter atated that it was the City � Attorney'a opinion that 3n view of the fact that one o£ the ten petitioners wea not a registered voter� and also, the fact that the lldminee did nat endorse the petition� that the petition was not a valid petition. Mr. Johanson stated that the Charter Coffinisaian should make a change in the Charter ao that the City Primary could be held at the same time as the other Primary election� and the filing date of the Council moved up. Mr. Kohlan gave the background and h�tl reason for arriving at hia conclusion that the petition o£ Nir. Rranz wsa not a valid petition. He atated that if he is not a registered �COter, he ia not a quelified voter� and therefore� is not a quelified petitioner. Mr. 4lolke asked how much time the person has to qualifjr if he brought in a petition at 5 P.M. Mr. Kohlan stated that it is not up to the City Clerk to determine whether or not the petition ia a valid petition� and there � �a�+ sts'C t�$don� ;L�mit for qualif,qing a£ter the petition has been filed 22 with the City Clerk. Motion by Wolke to adopt the reaolution setting Primsry Election date £or the City Pr3�mary on Councilman�at-Lasge. Seconded bp Johanson. Upon a voice vote� there being no nays� the motion carried unanimously. Mr. Kohlsn noted that in case the nfiminee for Mayor should take thia case to the Distxict Court, and the eourt wonld so order� there could also �e a primary for the ofFice of Mayor. NORTH SUBURBAN SANITARY SE41ER DISTRICT PROPOSAL FOR TRUNK SEWER LOCATIONs A representative f�om the North Suburban Sanitarq Sewer Dis'�'ict was present, and presented propoaed locations £or the aewer mains rvAniag through'the City o£ �idley £or the North 5uburban Sanitsry Sewer Distxtet. The Citp Council studied these propose:d iocatione. Motion by Wolke to the ef£ect that the Council accept the general autling as propased for the sewer locations for the North Suburban Sanitarq Seaer District. Seconded by Johanson. IIpon a voice vote, there being no naysy the motion carried unanimously, NOTICE OF HEARIfiG ON BUDGET: Motion bq Johanson to set the public hearing on the lru8get £or October 8, lqb2. Secronded by krolke. Upon a vo3ce vote, there being no nays� the motion carried unanimously. � Mr. Donald Babinski preaented plans tv the Council to ahou them of the proposed apartment bu�.ldings he wished to build at the above location. There was no action taken on this matter. SEWER MAINThTIANCE ON CHANNEL ROAD AND MISSISSIPPI STREET: The Cfty Manager presented a proposal fY�om the American Pipe Cleaning Coropany which they propose to uae T.V. cameras to inapect the pipe. Motion by Johanson to euthorize the use of the equipment of the American Pipe Cleaning Company on the above two linee. Seconded bq Nee. IIpon a voice vote� there being no naps� the motion carried unanimC�uely, ADJOURNM�NTF Th�re being no £urther business� motion by Nee to adjourn. Seconded by Johanaon. Upon a voice vote� there being no nays� the motion eerried unanimously. The Mayor declared the maeting ad�ourned. Respectfully submitted: t�sx o'rn� Tas� 8�-r°� Secretary to the Council �- . �/ c.� . �' . ,_ M.4YOR - . �. Greig COUNGIL MIN�,TES - SEPTFNIBER 17� 1q62 A regular meeting of the City Council was ealled to order by Mayor Greig at 8:10 P.M. ROLL GALL; 1 ' L—;