By Clark Natalie

Who pays for the improvement to a public road to bring it up to standards when a development is planned? That was the question at the Harris City Council meeting Monday, June 13.

The developer of Deerwood Estates was back to get preliminary approval of a subdivision at Falcon & 475th. The council had recognized that 475th was a substandard road and questioned whether it could support additional traffic. Developer Vince Charles said the way the plat was laid out, only one of the driveways would be any distance on 475th. He had offered at the planning commission meeting to contribute a good faith payment of $2,500 to help with the road.

Charles was represented by his attorney, Jimmy Lindberg of Cambridge. Lindberg pointed out that the development had been approved at the planning commission and met all standards at the time it was submitted in March. Lindberg also pointed out that the road in question was not in the development, but a public road already in existence. The developer is required to have roads within the development to standards, but existing roads are the requirement of the city, he noted.

What standards does the road need to be at? City Engineer Chuck Schwartz said Mn/DOT standards for a gravel road with less than 50 trips per day is a 28-foot road top with drainage. 475th presently serves three parcels to the east. Right now the road is a 17-foot road with questionable drainage. Schwartz estimated that it would take up to $75,000 to meet this standard. Charles said the property did not have sufficient value to expend that amount on a road which already existed. Lindberg also noted it was not the requirement of the developer to improve the public road to standards that were not there when the development started.

City Attorney Peter Grundhoefer said the city has an obligation to take care of roads servicing developments and make sure they meet standards before development begins. The city has the option of denying the plat, based on the inability of the road to service the development, or to improve the road and assess all property owners for the cost. An appraiser would be hired to see what value was added to each parcel.

Lindberg said at the time of application, the development met existing standards and no one has provided a resolution showing that these standards had changed.

He asked what essential elements of the existing ordinances at the time of application were not being met by the development?

A question of emergency vehicles getting down the road in wet conditions arose. In its present state, it was questionable whether the fire trucks would make it. Lindberg asked if the development was not going in, how would the trucks make it to existing property with the road in its condition. He asked if the development was not going in, what improvements would be done. Councilman Dan Walton said, ìWe would do nothing.î An ordinance to remedy this problem is being reviewed at a public hearing June 27 and should be implemented by July.

Charles offered to use the $2,500 offered as payment to put class 5 on the road from Falcon to the last driveway on 475th. If he used his contractors, he felt between 4 to 6 inches of class 5 could be added. City maintenance supervisor Mike Kriz said at present there is about an inch or two left on the road. The problem is a soft spot that deteriorates in wet conditions. He said the road was substandard.

Grundhoefer said the issue was whether the road could adequately service the subdivision. Finally the council and the developer came to an agreement. Among other stipulations, it was agreed that it would take approximately $10,000 to bring the road up safety standards. The developer will contribute $5,000, to be held in escrow until the certificate of occupancy is issued on Lot 5, which has the driveway the farthest down the road. At that time, the city will have 180 days, weather permitting, to do the improvements to the road.

Harry Behling, of Highlands of Harris Development also gave an update on his project. Plans are for 99 single-family units and 30 townhomes. The developers are aware of the problem with the city's wastewater issues and will wait to go further until the city has resolved them, probably sometime next year.

In other issues, the council:
ï heard from Councilman Dan Walton who noted that a 10-year-old girl had been solicited in town. This happened by the auto shop, during the day time. Although he did not say whether this had been reported, Walton urged all citizens to be aware and if they see anything suspicious, to report it to the Sheriffís department;

ï learned from Andy Mobeck that the ballpark needs improvements. He suggested a user fee, whether the team using the field is from Harris or from outside. He also suggested selling advertisement in the outfield to help fund the cost. The council approved advertisement sales provided they meet the present lease agreement, and set a $50 fee for use by outside teams and $25 for in town teams;

ï learned that the issue of the litter, garbage and rowdiness at Heartbreakers continues. Councilman Doug Chaffee said he had received calls about it and that he had gone over there and picked up beer bottles and cans. The patrons are not only blocking neighbors' driveways, but partying in the parking lot after closing. It was decided that a letter outlining the violations would be prepared and sent to the establishment letting them know their liquor license may be in jeopardy. Grundhoefer will review the letter before sending it to make sure the specific ordinances are cited.

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