04-12-10 Council Special Minutes

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MINUTES CITY COUNCIL APRIL 12, 2010 owners develop their property. The Administrator indicated that the road right-of-way would be in the same location as the utility easement, however. Battista asked about tree disturbance. The City Administrator reported that the City will only take the trees necessary inputting in the sewer line. The City Administrator indicated that for Wednesday's Council Meeting, he would put together a conceptual utility easement agreement outlining some of the terms. Blesener asked if the utility easement is proposed to be 50 feet in width. The Administrator replied that that is correct. The Administrator also noted that the utility easement would allow for water main as well as sanitary sewer. At some point it will he beneficial to loop water main in this area, but water main is not proposed at this time. John Sculley, Lal3ore Road, noted that some of the assessment figures are based on the cost of condemnation. Sculley asked what is being condemned. The City Administrator indicated that the assessment estimates include the worst case scenario, which would be the need to acquire the Battista and/or IIimmelbach utility easements by eminent domain. If easements at•e granted by these property owners, project costs may go down. The City Administrator also pointed out that the City is in discussions with Mr. Battista to trade the easement in exchange for the sewer assessment to his property. Mr. Himmelbach would like to be paid for his easement and then have his sewer assessment deferred. The Administrator also noted that the proposal is to defer the assessment against the Sculley property until such time as it develops. The Administrator noted that the hope is that the easement acquisition can be negotiated and the eminent domain process avoided. "'fhe Administrator pointed out that the sanitary sewer improvement will potentially avoid three lift stations and provide for more long-term reliability and less maintenance costs. Sculley pointed out that the sanitary sewer line will not be brought into his property at this time. Sculley stated that the concern is the assessments that his family will be responsible for. The City Administrator noted that the extension of the sanitary sewer line brings sewer service up to the Sculley property. I-Ie pointed out the option of deferring the assessment until such time as the Sculley property develops. The Administrator further noted that an assessment deferment does accrue interest, which he estimated at 4% to 5% per year. The Administrator stated that the issue is treating benefitting properties consistently, and that is why the Sculley property is included in this improvement. The Administrator also noted that a connection point to the Sculley property will be negotiated with Mr. Battista over his property. However, the exact location of that connection 3