HomeMy WebLinkAboutAH October 7, 1976
CITY 01 ANDOVER
ASSESSHENT IŒARINGS - OCTOBER 7, 1976
The Hearing was called to order by Hayor Richard J. Schneider, at AndoverCi tv Hall
1685 Crosstown ¡Boulevard N. W., Anoka, ttinnesota.
Councilperson present: IIolasek, Rither, VanderLaan, Winds chi tl
Councilpersons abscnt: None
Also present: City Attorney, Jolm Burke; City Engineer, Rex Stocklvell;
City Clerk, P. K. Lindquist; and interestcd residetns.
(Ansl~ers to residents questions in parenthesis)
City Engineer Rex Stocklvell presented the acts and costs and reviewed thc letter that
was scnt to the involved rcsidents regarding Sanitary Sewer Improvement Project 75-1.
mCH\EL KEENE,3137 135th Avenue N. 1'!. - Lives on comer of 135th and Jonquil. No
se\~er l1nc In front and other line coming in hack so has to dig un basement as he
cannot connect where the sewer connection was proposed and allowed for whcn the housc
Ivas built. (Does septic tank come out the back?) Yes (Was there problem Ivith
coming too close to the Ivell if it Ivas run into front of house, this may have bcen
reason for gling to the back.) It is going to cost me twice as much to hook up to
the sewer as people hooking up in front of the house. (Suggested that he contact thc
City Building Inspection Department at City Hall and they Ivill be able to advise you
the best way to proceed and suggest the most economical plus within the city ordinance.)
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PAUL BLONDELL, 113344 Gladiola Street - I have 50 feet of frontage, smallest lot out
therc anLl am ending up paying $1500. (In policy adopted I~C have set a minimllr.1. of 100
feet of front ~ootage for the City.) \','hy don't you just make everyone pay a flat fee.
(Several ways sewer can be assessed, this is generally the most workable.) (Pront
foot assessment is also used nationwide.) Feels he is being penalized because he
has a small lot. (Everyone is paying for the benefit of the Sffi~er and this is our
Ivay of trying to achieve an equitable way of asscssing this.)
JAY ,JOYNER, AtJorney, representing Keith CaS1vell, Darrell Schneider, Dick Shay, and
Myron Landcckei - Plat 65933, Parcel 7200. His opinion that the fair way to assess
this would be a unit basis which has already been discussed tonight. Does not
feel they shou~d be assessed on front footage as there is not a lateral benefit that
they will be c~arged for. Proceeded to share some sketches Ivith the City Council and
explained to tnem possible ways this nroTJerty could be developed in the future. In
doing this it IJas pointed out thatthe· sewer, as put into County Road 116, because the
depth of the s€ilver is about 24 feet, would require a hole of about 75 feet across in
order to tie iTo the stub. This would be very eJ(J)ensive and would disrupt the road
for some time. (Four manholes are located along this pronerty, no sketches ",erc
presented befo ¡e and the stubs were TJut in looking at the psosibility of putting in
a street perpe dicular to County Road 116 at cach point that the Ordinance would
allow - every 30 fect.) Councilnerson Rither sited some previous correspondence
that the City ouncil has received regarding thc proposed sewer. . CP. uJ"U~:5c1,;fL
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Assessment Hearings
October 7, 1976 - lfinutes
Page 2
RON RN-ilE, 2944 Bunker Lake Blvd. - RU!Uling into the same problem as tile other fellm.
WI th an assessment of under 100 feet, being assessed for 40 feet that I don I t min.
TI1ere are only about five other lots that are under 100 feet and the others do have
just about 100 feet or more. If mine was close I wouldn't feel bad about paying the
100 feet. Is unit assessment actual use of the sewer? (Have several trunk sewers In th
larger pipe, assessing everyone in the project to help pay for this.) Feels there
should be adjustment on front foot assessment for those under 100 feet. (You are
paying on the adjusted front footage.)
BRUCE JOrNSON, '4150 115th, Anob, formerly 13509 raadiola - If you do lX¡SS this
tonIght when will the County receive the fip:l1res on this as far as escrowed money
sitting in Twin City Federal. (TIle County will not annrove the roll until the seventh,
however. if Burbank calls we can give them the fUp:l1res tomorrm., if this is voted in
toni¡:.ht.) TI1e project seemed very successful, was there any time that it ran under
cost? (Have ~o consider continRencies, projects overrun in most cases for many reasons.)
(;ENE BOOS, 2660 133rd Lane - Not objecting, has there been any nrovision mrrde for
retuement prior to 30 years, if we wanted to sell, etc. would there he a nenrrlty.
(1:0 penrrl tv, ho~'e\'er, 'lOU 'jav the interest from the time of certification which would
he Nòvember 7, to whatlwer'date you 1,0uld prry it in full.) c,l'~-"-o 'oCT'" '.k""'"'''' G(~H^"";
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!OTION by Rither, Seconded by Windschitl, to close the public input portion of the
publIC hearing'hecarried unanimously.
Senior Citizen Iferral
The City counci!l is in.are of this and has reviewed the Resolution. Councilperson
Ri t1ler explaine~l that State Legilrrtiorr rrut:lorizecl Ùe City to de rer the ra)'TIent of
sDCcial assessrpnts against any homesterrd property owned by a nerson 05 years of aRe
or older, on January 1 of the payment year, and for whom it would be a hardship to
make those paynjents. Had asked the staff to do some research for possihle imract.
Onlv ú~o citizers in project being considered toni~lt are on record at tile COill1ty.
'nTIO', by VanderLaan, Seconded, by Holasek, to adopt the attached Resolution pro-
ndmg for "~{ofor_' of ,"0 'pool" """'000" 'oe nm~ 65 .cor, pC "" ~d
older for ¡,¡110m' t would be a hardship to make na)'TIents and be it resolved that the
City of Andove would recommend a 13% interest rate.
~Iotion changed I 0 reflect a 6% deferral char¡>e over and above the reg-ular interest
rate for the PIject. Carried unanimously.
~OTION by Rithe , Seconded by VanderLaan, +or adontion 0+ the attached Resolution
adoptmg the asressment for Sanitary Sewer Improvement Project 75-1. Carried unanimously.
Attorney JoJm Burke stated that there are three ways the deferral can be temin:!ted:
death of minersl; sale ,transfer , or suhdivision of propertv: removal of homestead status.
'm,"1 by '''o''r'tl. ",,"dod by lful~,k, '0 el", the fublle Heo"", '" ~""_"
for Sanitary Se~er Improvement Project 75-1. Carried unanimously.
Assessment læarings
October 7, 1976 - ~tinutes
Page 3
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PROJECT 75-2
Called to order by }Iayor Schneider. City Engineer Rex Stod;well presented the facts
and costs and revimved the letter that was sent to the involved residents.
mRIXW WILLlNiS, 3629 143rd Avenue - Already stated position to Rex Stoc~~vell.
Doesn ' t feel there is any equity in it at all. (lIe is talkinÇ! about Parcel 1020, hc
expressed to me this afternoon that in his opinion a majority' or possibly all of his
lot doesn't drain into the street and eventually into selver. It collects in his back
yard and he Ivants it there as he has a garden and he Ivants the Imter.) (1 f this lot
were built up at some future date this area would drain into the sewer area.) no
not plan on changing this lot and do not plM on moving so this Nould not be changed
for several years. (TIlat is the problem with interior lots, water does not drain
directly into street, have to try to figure how much actua11v drains into the
system. TIlis can be invcstigated further.)
Attorney Burke; there is a procedure wherebv you can go back in and reassess a piece
of property in. the future, normally it is not a lot or piece of a lot, it is a'vhole
new area that is attached to a sewer assessed area.
ROSELLi\ SONSTEBY - First I would like to know l~here the Ivater is running on t,l-¡ose
lots South ot 143rd. (Have done several individual surveys along there and there is
no way to get that water into the system. r,enerally the water stays on the South
side of the crmin on l43rd and it actually drains to the Wcst.) I disagree Nhole-
heartedly, the 'strect is level and the rain has to go right dm,'Il the road. Have a
lot, Parcel 83{ and 870 and there never has been a water problem in front of those
lots. (It may he contributing to someone elses problem three or four lots m~ay.)
There is a ditc along the back of #870 which takes care of any excess water from
the lot. (What is going to happen in the future when the ditch is eventually filled
in.) Does not ¡feel she is benefited at all by any storm seIVer.
LEmy NORDSmo;.\,3737 143rd Avenue N. W. - Disagrees Ivith the assessment on his
property. When it does rain my water does not contribute to the problem. Water
does run dmmhiill. Hay in vcry heavy rainstorm run into the street. At this time
it would run onto City 0+ Andover proDerty. What is the definition of a storm sewer?
(To col1cct an~ runoff due to wcather, climatic conditions.) Is it enclosed? (Parts
of it are, in ypur area most of it is enclosed.) No way for thc Ivater to get into
the systcm. (f;ngineer STockNell explained how the whole area is considcrcd and what
amount of runoff could come from each area.) Sounds as if you are platming on putting
in tarred roads]. r.eels the l~ater will seep into the grOlmd. Storm sewer put in for
benefit of one, two, possibly three or four peonle. Asked for vote when this 9C\ver
Ivas voted in. ¡(The vote was una.-limous in favor.)
Councilperson ~ther referrcd to the statement about blacktopping ~le strects stating
tJ~, th, City ì~cil " not O~ '"'''"tnlning tJ,i, "on, "h, ,.,inoo> " jæ' Wkin,
about the probl !TIS involved in trying to determine what tYpe of storm sewer to put in.
However, if the Council was presented l~i th a petition in favor of streets they would
be obligated to hold a public hcaring. The City COlmcil is not contemplating such a
project.
Assessment I~arings
Octoher 7, 1'176 - 'linutes
Page 4
~t\RTIN CASTLE, 14339 Vintage N. IV. - At the meeting we attenùed we came un with a
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pretty good iigurc of what this was poing to cost. Just heforc the project was
started I was told it would cost each homeowner apnroxim'1tely $525 to $565. 1I~lere
did tile additional amount come from? 0~e had to go through condcmnation procedurcs to
get the right-of-way to thc lakc. Councilperson Rither rcad the costs, August 1"175
as opposed to September 1'176. A prcliminary hcaring was hc1d and the court TIlled in
favor of the City hut the party chosc to go to District Court with it.
Attorney Burke - thc status of the litigation that you are inquiring of is that there
was an award of $750 for the rirht to cross the property. An anpeal was filcd to
District Court' in an amount in excess of $25,000, which will bc hcard hy a jury of
six people.
~hrtin Castle· is this thc final figure or are we 100kin.f' at SOMe possihle $25.000.
.John Burke stated that $5,000 was estimatcd and some of this has heen used un at this
time. Attorncy fees will nevcr exceed that at this levcl. 1hey may pursue this to
the 11innesota Supreme Court. This is as final a figure as we can come up with at
this time. Any excess could he rcfunùed hack to the project.
.JOIN LAWSTRO'I, ¡ 3603 l44th Avcnue - Shm,ed copy of orodnal plan dated ,Tune 12, first
proposal and stated tilat he had askcd if there l~asn' t somc way to cut the projcct
down. One person said he would rather have water in his vard than pav for tile storm
sewer. They tQok the stom sewer out up on top of the hill, came dOh'll and they only
put the storm sewcr on 143rd just as you comc off Round Lake Blvd., put t:1~O storm
sewer covers iri, ran a linc dmin to (Jndercli ff, ran it dm,'Il to 144th, and put stom
sewer in there; ran through and ran across. Asked for cut in price because they did
not want the sewer, but it was necessary. The En¡dneer said the piece on Undcrcli ff
can be cut out ¡as there is enourh angle so it can run down the road. En,gincer stated
that later on when blacktop strects come in storm sewers will have to be constructed,
if it is put i~ now it will be chcaner. Now we find out the peonle that wanted thi1t
piece of pipe put in Undercli ff are not r,etting assessed and we were told that these
people woulJ b~ assessed. TIley changed the whole nlan and didn!t notifv anyone,
Feels it is a Pjiscarriar,e of justice. (¡¡hen and if the streets are hlacktop'1ed,
there will be more storm sewer constnlction and these neoplc will J1e assessed at
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that time.) wc¡ were told you could only be assessed oncc for storm sewer.
After discussior with the City COlillcil it was detemined that there is some discrepancy
which needs more researdl bv the Engineering firm. .ToJm L31vstrom was told t;¡at he
could listen. to tapes of the previous hearin¡rs and nurchase copies 0+ the minutes for
cost of copying.
.JH! aLSO:" l423þ 1!ncIerc1i ff - Live south of H3rd on the hill and we have heen
:1ssessec1 for this project, we are the second house un.
AssessJ:\ent Hearings
October 7, 1070 - lIinutcs
Pa,ge 5
'DTION by VanderLaan, Secondcd by Windschitl, that the City Council, City of Andover
continue public l1earing on Assessment Procedures on Auditors Subdivision 82, to
October 27, 1976, 7: 30 p.m. at i\ndover City Hall. Councilperson Winds chi tl asked
that the motion include that the Engineering !'inn shoot elevations on some of these
lots in question. Carried unaninouslv.
111Ís portion of the assessJ:\ent hcaring e:1ded at 10 :30 n.n.
L,l11 0+ ¡( (;Jd~
'hrilyn K. 1\'chstcr
Recording Secretary
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