HomeMy WebLinkAboutSP October 7, 1985
CITY of ANDOVER
SPECIAL CITY COUNCIL MEETING
OCTOBER 7, 1985
Call to order
1. Meeting with City Attorney re: Lawsuit
2. 1986 Budget
3. Landfill Surcharge
4. Russell/Stack Addition
5. Warning Sirens
6.
Adjournment
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CITY of ANDOVER
SPECIAL CITY COUNCIL MEETING - ASSESSMENT HEARINGS
OCTOBER 7, 1985 - AGENDA
7:30 P.M.
1. Developed Properties
A. 85-1 Cedar Hills River Estates 2nd Addition
B. 85-14 Lund's Round Lake Estates Area
C. 85-l5 Dehn's Frontage Road
2. Undeveloped Properties
A. 85-8, 85-9, 85-l0 - 80-3 (Area Assessments)
Water District 1 & 2
B. 85-8, 85-9, 85-l0 - 80-3 (Connection Charges)
Water District 1 & 2
C. 85-7 Northglen 5th Addition
D. 85-5 Woodland Terrace
E. 84-l2 Hm·¡ard-Tempel Addition
Adjournment
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~ 01 ANDOVER
ASSESSMENT HEARINGS - OCTOBER 7, 1985
r~INUTES
Pursuant to notice published thereof, Pub1icAssessment Hearings were called to order
by Mayor Jerry Windschitl on October 7, 1985, 7:30 p.m., at the Andover City Hall,
1685 Crosstown Boulevard NW, Andover, Minnesota.
Councilmen present: Elling, Knight, Lachinski, Orttel
Councilmen absent: None
Also present: TKDA Engineer, John Oavidson, BRA Engineer, Glen~ Cook;
City Engineer, James Schrantz; and others
PROJECT IP85-1/CEDAR HILLS RIVER ESTATES 2ND ADDITION
Mr. Cook reviewed the street construction and storm sewer cost of $66,850 and a
proposed assessment for the 17 units at $3,935 each. The estimated cost per year
based on a 10-year assessment at 9.5 percent interest would be $625. He explained
at the present time the gravel base work is completed on the project and the storm
sewer is in. The delays have resulted from the contractor not beginning the job
until'August, and now because of the weather.
Hóward Olson, 17940 Aztec Street NW - felt they have waited an inordinate amount of
time for some actlon on thlS proJect, and expressed his disappointment that the
project is not yet complete. Mr. Cook stated they have done everything they can to
get the contractor to complete the job. It was supposed to have been completed by
September 23. They have not assessed any liquidated damages against the contractor
for breach of contract, but he stated that is an option open to the Council. Mr. Cook
stated the contractor is aware of the problem and the possibility of a penalty being
assessed against him. He also stated the contractor has been set to complete the job
for the last week, but rain has been the problem since then.
Howard Kirkeeide, 3950 180th Lane NW - thought the cost was $62,120 when the project
was flrst explalned. Mr. Cook agreed the original cost is 6 percnet less than what
is being assessed.
Mr. Kirkeeide - asked if the assessment will take place even if the project is not
tlnlshed thlS year. The Engineers explained the assessment becomes effective as of
tonight and will be placed on next year's taxes. They also felt the project should
be completed yet this fall.
Mr. Kirkeeide - stated his concern is with the storm drainage down to the creek. He
felt when Aztec is completed, the water will gush from Aztec and down 180th. He
questioned whether the storm drain that is constructed will be able to handle the volume
of water and who will be responsible to take care of his property if he should lose a
substantial portion of it in a washout. He noted a very large washout on Toikka's
property. The Engineers stated the washout on Toikka's property is the responsibility
of the contractor. The drainage area coming into that storm drain was explained
by the eingeers, in thattonly the west side of Aztec will be drained into there, which
is not a very lage area. The pipe is sized to take care of any overflow which may
occur. The limiting factor is the intakes, which will take about 20 cfs. ~1r. Cook
stated the situation will be a lot better when the project is completed. Counci I noted
it assumes the project has been engineered correctly. In the event additional work
would need to be done on the storm drainage in that area in the future, it could not be
assessed back to the property owners for the length of the bond issue. If the City
puts water onto Mr. Kirkeeide's property to the detriment of that property, the
liability would have to be placed. If it is found to be the City's liability, it
would have to be taken care of by the City. The City doesn't have the right of trespass
onto his property.. Council also asked that Mr. Kirkeeide inform the City if there appears
to be a problem with drainage,'on his property so the engineers can take care of it before
it becomes a large problem.
Assessment Hearings
October 7, 1985 - Minutes
Page 2
(Project IP85-1/Cedar Hills River Estates, Continued)
Mr. Kirkeeide - asked if the entire assesment': can be paid for. Council noted the
amount can be paid for without interest until November 15.
MOTION by Orttel, Seconded by Ellimg, a Resolution adopting the Assessment Roll for
the lmprovement of bituminous streets for Cedar Hills River Estates 2nd Addition (IP85-I)
for certification, as prepared. (See Resolution R120-85) Motion carried unanimously.
PROJECT IP85-14/LUND'S ROUND LAKE ESTATES AREA
Mr. Cook stated the project cost for surfacing Lund's Round Lake Estates is $133,800,
and the grading and surfacing for Guarani Street north of 149th is $11,958. The 33
units in Lund's Round Lake Estates will be assessed $4,055 each, for an annual payment
based on 10 years at 9.5 percent interest of $645. The two units off Guarani Street
north of 149th would each be assessed $5,797 for an annual payment of $950.
Council directed that a PIN number be assigned to the second lot of Mr. Henry, the
lot being assessed off Guarani Street.
Mark Schutz, 14745 Guarani Street NW - asked when the project will be completed.
Mr. Cook stated the project schedule is to be completed yet this fall, hopefully
by October 30.
Mr. Schutz - stated he just put in a concrete driveway and asked if the bituminous
will meet his driveway. The Engineers discussed the dimensions of the concrete from
the easement, noting it will be looked at in the field and discussed with Mr. Schutz.
It was felt they should be able to meet the concrete.
MOTION by Orttel, Seconded by Knight, a Resolution adopting the Assessment Roll for
the improvement of bituminous streets for Lund's Round Lake Estates Area (IP85-14)
for certification as prepared. (See Resolution R121-85) Motion carried unanimously.
PROJECT IP85-15/DEHN'S FRONTAGE ROAD
Mr. Cook reviewed the project cost of $12,291.44 for street construction. The five
units would be assessed $2,460 each. He stated the driveway construction could also
be assessed at $260 each if the Council so chooses.
Council agreed to leave it off the assessment roll and let each property owner pay
for their driveway construction up front if they choose to have it done.
MOTION by Elling, Seconded by Orttel, a Resolution adopting the Assessment Roll for
the lmprovement of bituminous streets for Dehn's Addition Frontage Road (IP85-15)
for certification as presented. (See Resolution RI22-85) Motion carried unanimously.
PROJECT IP85-8, 85-9, 85-10, 80-3 (ASSESSMENT AND CONNECTION CHARGES) WATER DIST. 1 & 2
Mr. Davidson explained the assessments are spread over 15 years at 9.5 percent interest
and can be paid off without interest prior to November 15. The area assessment is
to be certified for collection deferred until 1987; and the connection charge is to be
certified with collection deferred until 1988. He also explained the assessment covers
the connection charges on vacant properties not assessed in the 1980-3 project plus
area" frontage benefit, and connection charges for water services in Districts 1
and into Disctrict 2. The water assessment for the Northglen 5th and Woodland Terrace
Additions is being assessed in 1985 for collection in 1986 along with the sanitary
sewer and street projects. Mr. Davidson explained the area rate is $845/acre based
on net acreage; the frontage rate is $17.55 per front foot; and the connection charge
is $900/unit based on 2.5 units per acre.
Discussion was on the Leslie Bever and Roger Nutt properties.
Assessment Hearings
October 7, 1985 - Minutes
Page 3
(Area.' ~ and Connection Charges, Water Districts 1 & 2, Continued)
Mr. Bever, 2380 Bunker Lake Boulevard - stated his property has 208 feet of frontage
on the road, and he does not want to hook up to municipal water. He would like to
split the property if possible.
Mr. Nutt, 2410 Bunker Lake Boulevard - stated he has 160 feet of frontage and would
prefer to have municlpal water.
It was further determined that Mr. Bever's property can be subdivided in the future
and that the subdividable portion of the lot should be the only portion of his property
to be assessed. It was further pointed out that Mr. Nutt's house is in the center of
his property, making it not possible to subdivide it at this time. This item was
discussed again later in the meeting.
Mr. M. R. Olson, 12589 Hanson Boulevard - asked if the assessment can be taken off
for Mr. Bever since he doesn't want the water, can the same be done for him? He
said he doesn't want water. Mayor Windschitl explained the assessment policy does
not force someone who already has a functioning well to hook up to municipal water.
But all open, undeveloped property is being assessed.
Mr. Olson - asked what is considered aunit on which the connection charge is based.
Änd what is a connection charge. Mr. Davidson stated it is based on 2.5 units per
acre, which is normal residential density. Because this is commercial property,
should it be developed at a higher density, the additional connection charges would
be collected at the time of development. He also explained the connection charge was
established in 1980 to pay for the oversizing of the watermains and production facilities.
Those costs were divided between area and connection charges. At thaLtime, so the
assessment would not impose a hardship on the open spaces and to allow time for
development to occur before being forced into an assessment, the connection charges
were not assessed. The City has now reached the point where the water system is being
expanded into these areas and the undeveloped properties are now being assessed the
connection charges to affect the financing program of the system.
Mr. Olson - asked why doesn't the water line go only as far as the sewer line. No
one has petitioned for utilities past that point. Council noted the petition from
Mr. Menkveld to service property just north of his, which is one of the reasons the
project was ordered. They also noted the petition for utilities farther east in the
vicinity of Bunker Lake and Hanson Boulevards.
Mr. Olson - stated Mr. Menkveld no longer owns the property in question, that it was
sold at a public auction several weeks ago. He stated nobody in that area wants it
and sanitary sewer isn't coming with it. Why is it being done? Council reviewed
the petitions and hearings held last spring on the water extension project, that Mr.
Menkveld was the fee owner of the property at that time, and that the Council reacted
to the petitions received. It was also noted the Council is providing a three-year
time frame in which the property can be developed prior to the payment of the
assessments. Clearly the sewer line will be run at the same time and will be dealt
with separately.
Mr. Olson - then presented a letter of appeal to the City Clerk.
Robert Manns, Attorney representin~ George Adolfson - stated the feasibility report
shown at the public hearing in May lndicated Mr. Adolfson would be assessed on two
parcels, one for 8.2 acres assessed $23,000 and one of 15 acres assessed $51,000.
Then Mr. Adolfson received notice of this hearing, ahd the assessment shows $270,000
instead of the $74,000. In talking to the City Engineer this afternoon, he under-
stands that difference is that Mr. Adolfson is now being assessed for another 190 units
on property previously assessed on an area wide assessment. He asked what property
that involves. The Engineers pointed out the two tracks north of the residential
properties.
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Assessment Hearings
October 7, 1985 - Minutes
Page 4
(Area, and Connection Charges, Water Districts 1 & 2, Continued)
Mr. Manns - stated Mr. Adolfson's home, as well as a home for his son, are located
on that tract; and they are not separated out from this assessment. There is a
business being run in the Round Barn, which Mr. Adolfson spent considerable amounts
of money to upgrade to be suitable for that type of business. He wasn't sure how
that is being handled in the assessment process. He didn't see the 2.5 units per
acre being used in the connection charge assessment as correlating with some of the
other units included in this particular project. He noted Mr. McLaughlin has been
assigned one unit; and he has 1.8 acres, which doesn't work out to 2.5 units/acre.
He stated if the development is to a higher density, there will be additional connection
charges to meet that, but will there will beæreduction if the development is less
than 2.5 units/acre? Council replied there would not be. But they agreed the two
houses should be excluded out of the assessment if they choose not to connection to
municipal water. A connection charge and the equivalent of a city lot area charge
should be taken out for each house. The Round Barn operation is presently not operating
under the ordinances of the City, and the City has been lookin:g at what might reasonably
be done for that operation. But it is something that needs to be resolved fairly soon.
But if the property becomes commercially zoned, then the assessment would be higher
than what is being proposed.
Mr. ~1anns - understood that. The basic problem they have is arbitrarily assessing a
connection charge on undeveloped, unplatted property when it is not known what the
development will be. He said it will force development of an area that may not be
ready for it. Council stated that is why the assessments are being deferred until
1987 and 1988. And on this particular property, the connection charges have actually
been deferred since 1980 when the project was originally done. The water line is
available to Mr. Adolfson, with the schedule construction of the trunk next spring.
Mr. Manns - asked how large of an area will the 12-inch mains and water tower" going
to serve. The Engineers noted the area served will be all of Districts 1 and 2,
and reviewed the overall water service district to ultimately be three water towers
and eight wells. And everyone who is served by the system will be paying for the
system at the same rate.
Mr. Manns - stated the City is building a facility to fulfill the needs that exist
today but is also assessing and providing water to an area thatldoesn't need it.
But other existing residential areas that need it are not being assessed. Council
explained the facility is not sized for the existing residential areas at this time
because of the City's position to not force municipal water on those who already have
a legitimate water supplyffwomtheir private wells. However, should a residentiãl area
wish to be served with municipal water, they would pay for the system at the same
rate as the undeveloped being assessed now, which will pay for the additional storage
and wells that will be needed to include them.
Mr. Manns - questioned whether the economics of the situation can be shown there is a
beneflt to this property relative to the assessment being assigned. On that basis,
he served notice to the Clerk of Mr. Adolfson's objection to the assessments.
Jerry Herber, Meadowcreek Baptist Church, 2937 Bunker Lake Boulevard - stated in 15
years they have had seven bUllding programs in their church and Chrlstian school
and are continuing to expand the property. The arbitrary assessments of $49,OOO
and $23,000 based on 2.5 units/acre for a church is an unfair way to determine the
charges. Mr. Davidson stated for the assessment of both Crooked Lake School and
Meadowcreek Baptist Church and school, the area is assessed the full area benefit;
and the connection charges are based on the SAC units for the sanitary sewer at the
time they connected. He stated he would have to check furthter whether the water
connection also includes those SAC units added since the time of connection to the sewer.
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Assessment Hearings
October 7, 1985 - Minutes
Page 5
(Aarea and Connection Charges, Water Districts 1 & 2, Continued)
Mr. Davidson also thought the church has acquired some property from Mr. Adolfson,
though they do not have a record of that transfer. Therefore, the assessment roll
may reflect some assessment to Mr. Adolfson as fee owner of the property that may
actually be owned by the church.
Mr. Herber - stated there is a current contract for deed with Mr. Adòlfson that will
be payable this year. Mr. Davidson stated the City should be given that in writing
to effect the transfer of those assessments.
Mr. Herber - asked how the $9,000 in assessments was arrived at. Mr. Davidson
stated the area charge for the church, PIN 33 32 24 23 0004 was based on 3.98 acres
with 400 feet of frontage and 26 connection charges based on SAC charges. The
larger parcel, 33 32 24 23 0004 was based on 37.8 acres and 377.3 feet of frontage
with no connection charges because it is assumed to be used for school purposes, not
for development. It was noted that should the church ever develop the open property
in any way, connection charges would be collected at the time of development.
Jack Kuss, School District #11 - stated when the sanitary sewer was put in, their
enrollment was much grëater at Crooked Lake than it is today. Are the connection
charges based on the previous enrollment or that of today? Mr. Davidson stated
they used the SAC charges at the time of connection; but if Mr. Kuss documented to
the City that the enrollment is much less, that would be considered.
John Peterson, Good Value Homes - asked if their assessment will increase with the
change to Meadowcreek Baptist School. Council noted there was no change made to
that assessment. The policy has remained not to assess connection charges to the
property used for school purposes, but to assign connection charges to such schools;'
on the basis of SAC charges.
Mr. Peterson - asked about the construction schedule for the municipal water. Mr.
Davldson stated the proposal is to construct the watermain along Bunker Lake Boulevard
to the Olson property. It does not include the industrial area to the south.
Mr. Peterson - understood that their industrial land was not going to be assessed.
But they have 60 acres of industrial property, and 20 acres of it is included in
Parcel 6000 which is being assessed on the rolls. He asked that the entire 60 acres,
not just the 40, of the industrial property be excluded from the rolls at this time.
Council stated the map before them, which includes the 20 acres of industrial property,
has always been the one used and t~e·one'onwhich the decisions have been based. They
didn't think it was the intentitoexclude the 20 acres in question from this assessment.
This item was discussed later in the meeting.
Mr. Peterson - stated they received a notice for a parcel of land that they do not
own. Mr. Davidson acknowledged theerror, stating Parcel 33 32 34 42 0003 is owned
by Mr. Go 11 i er. There is a home on the parcel, which fronts on Bunker Lake Boulevard.
Most of the property is considered flood plain. It is not in the roll at this point
because he was not notified by mistake. But the assessment policy would preclude
him from having an assessment. The land, if divided, would be landlocked at this
point. He felt it could be kept out of the rolls to be consistent with the City's
policy.
Scott White, with George Adolfson - asked about the two assessments -- the area charge
and the connectlon charges. The Engineers explained the difference noting the 1987
and 1988 collection dates to give property owners time to develop prior to when the
the assessments are due.
Mr. Olson - understood construction in District 2 will not be done until next spring.
Mr. Davldson stated that is correct.
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Assessment Hearings
October 7, 1985 - Minutes
Page 6
(Area and Connection Charges, Water District 1 & 2, Continued)
Mr. Olson - stated he has landlocked land also, Parcel 5430, just as the other parcel
previously mentioned. Discussion noted the assessment is based on residential
development, not commercial; so it would be adjusted upward as the property develops.
Also, about 1~ acres which are conisdered wetland have been taken out for assessment
purposes. Mr. Davidson noted an error in calculation, as Mr. Olson should be assessed
for 6.2 acres. Council noted a portion of the land has been filled.
Mr. Olson - stated he filled 100x100 feet.
Council determined Roger Nutt's property would be assessed an area, frontage, and
connection charge per his desire to connect to municipal water. It was further
determined that the Bever property was subdividable, that the portion of the parcel
with the house would not be assessed; but the other parcel would be assessed an
area, frontage, and connection charge. The 8dolfson property would have the area and
connection charges excluded against the two houses and a reduction of 160 feet of
frontage. Council also agreed to leave the 20 acres of industrial property of
Good Value Homes on the roll based on the map which included that area when ordering
the proj ect.
The Engineers noted the interest prior to certification to the county is part of the
calculation used in the spreading of the roll and will acrue from the date of
adoption. But the roll will not be taken to the county until 1986 and 1987 for
collection in 1987 and 1988 respectfully. Also, it was pointed out the City is only
deferring the payment of the assessments, not the assessment itself.
Council recessed at this time to allow the Engineers time to calculate the changes
agreed to this evening. 9:23; reconvened at 9:48 p.m.
BUDGET MEETING
MOTION by Orttel, Seconded by Knight, that we schedule a final budget hearing for
October 22. Motion carried unanimously.
AREA AND CONNECTION CHARGES, WATER DISTRICT 1 & 2, CONTINUED
Mayor Windschitl read a letter for the record from Mrs. Fred Sonterre of her objection
to the assessment.
Mr. Davidson noted the changes in the roll. The Bever property, PIN 34 32 24 32 00001,
the front footage assessment would be 104.4 feet instead of 208.8 feet. Secondly,
PIN 34 32 24 32 0002, the area should be 6.5 acres instead of 7.5, and the connection
charge would be 16 instead of 18. The Nutt property assessment would remain the same --
an area assessment and one connection charge. On the Adolfson property, PIN 32 32 24 14 0003
frontage would be reduced to 857 instead of 1082 and 97 connection charges instead of 98;
and PIN 33 32 24 23 0001, frontage would be 162.7 in lieu of 302.7 feet, with connection
charges changed from 37 to 36.
MOTION by Orttel, Seconded by Elling, that we amend the assessment roll for the Water
Areas 1 and 2 as proposed of Bever, Olson, and Adolfson and that those same properties
be modified as proposed by the City Engineer for water connection charges. ~lotion
carried unanimously.
MOTION by Orttel, Seconded by Elling, to direct the City Clerk and City Attorney to
JOlntly draft a Resolution for each of the assessment areas for water and connection
charges to be available when we need it. Motion carried unanimously. (These
assessment rolls were adopted on Tuesday, October 8, 1985)
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'Assement HearillÌgs
October 7, 1985 - Minutes
Page 7
PROJECT IP85-7, NORTHGLEN 5TH ADDITION
MOTION by Orttel, Seconded by Knight, a Resolution adopting the Assessment Roll for
the improvement of watermain, sanitary sewer, streets, and storm drainage for Northglen
5th Addition (IP85-7) as prepared. (See Resolution R123-85) Motion carried
unanimously.
PROJECT IP84-12, HOWARD-TEMPLE ADDITION
Council briefly discussed the feasibility report versus assessed costs with Mr.
Howard on this project. Mr. Davidson reviewed the process followed in trying to get
this job done, the rebidding process that took place, etc. The connection charges
were added to the assessed project, although they were not added in the feasibility
report. For assessment purposes, they assigned the three single-family lots each
one unit and the four twin units three-fourths of a unit each.
Mr. Howard - stated they were originally going to base the assessment on seven equal
un its . Plus they are now adding the connection charges. Council was particularly
uncomfortable with the increase in engineering, legal and administrative costs, as
it is about 40 percent of the project costs. Mr. Davidson stated a concrete spillway
and curb and gutter to the county road was added from the time of the feasibility
report. And the delay, the fact thattit is a small project, redefining of the grades,
and the rebidding of the project all added to the engineering costs.
This item was talked about again later in the meeting.
PROJECT IP85-5, WOODLAND TERRACE
Mr. Davidson summarized the costs of the project, the development cost of $722,372
assessed against 76 single units, 54 multiple units, and 10 commercial units, for a
unit cost of $5,160 for sanitary sewer, watermain, streets, storm sewers less the
City's share for oversizing, the Anoka storm sewer assessment, and water connection
charges. Mayor Windschitl asked why the assessment was sent out for $728,857.
Mr. Schrantz explained the City's share was taken out of there, which reduces the
actual assessment to $722,372.
Curt Adams - explained they previously agreed with the City of Anoka for a storm drainage
assessment of $32,000. It is their feeling that that covers their fair share of the
storm sewer issue, asking that the additional $30,000 , placed on their assessment
for storm sewer be reduced. He also explained the plat that was approved had two
overlays, one for simgle family units and one for multiples. Mr. Carlson doesn't know
which way he is going to develop that property at the moment. He felt it is unfair
to assess for the higher number if in fact they decide to develop to a lower density.
Mr. Adams asked that they be assessed for single family units at this time; and if in
the future they decide to go with multiple housing, the additional connection charges
can be assessed at that time.
Sylvia Britton - explained the multiple areas have not yet been platted, that,they
are shown as outlo'ts'on the final plat. She stated Mr. Carlson is fairly certain they
will be developing townhouses, but he is very unsure about developing condominiums.
Mr. Davidson stated the water and sewer lines were through the outlots in such a way
that they could be developed as either multiples or single family units.
Mr. Adams - stated there would be a difference of 22 units if the oulots were platted
for slngle family versus condominiums. When those outlots are developed, Mr. Carlson
would have to come in with another plat under one of those two proposals.
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Assessment Hearings
October 7, 1985 - Minutes
Page 8
(IP85-5, Woodland Terrace, Continued)
Mr. Davidson stated not knowing how Outlot A was going to be developed, it is being
assessed on the basis that it would be 75 percent served, which is what the existing
pipe would cover. There would be some more cost later to make all the lots
serviceable. Any change to the number of units now would only affect the connection
charges and would affect the distribution of costs.
Ms. Britton - agreed with a redistribution of costs to have a higher assessment on
the single family lots now rather than placing the burden on the multiples. The
Engineers noted the only assessment against the outlots is utilities and streets
in front of the outlots. When the internal portion of those lots is platted, it
will be done as a separate project.
Discussion was then on the storm sewer assessment. Mr. Adams - stated the storm
sewer assessment was based on fair-share costs compared to Chapman's and other plats.
But they have documented their costs have exceeded all other similiar developments,
so they don't feel it is a fair share of the costs. Mr. Schrantz stated the
assessment shown includes what is to be paid to the City of Anoka plus what was
determined to be Andover's share to flow into the Chutich pond drainage system.
Councilman Orttel noted the letter received from the developer argues they bought
cfms into the pipe, not acreage; and that they are not exceed that cfm. And any
assessment has been offset by the value of the land they have given to stop the flow.:l
The land given was actually buildable and is more valuable to them as developable
property. Councilman Orttel felt those were valid arguments for not assessing as
much for Andover's portion of the assessment. Mr. Davidson stated in making the
calculations for Andover's shar~of the storm sewer assessment, they recalculated the
costs as if this property were included in the original project, dealing with the
total volume, not the rate of flow. He agreed the variable in this case is the value
of the land being donated for ponding in this project.
Councilman Orttel summarized the developer's argument is they are paying to the City
of Anoka, and Andover is also assessing about $47,000. They feel the land donated for
ponding is worth that much, so why should they be paying it again. They are saying
they handled the drainage on site and should be given credit for that Also, extra
assessments are being paid to go around those ponds, which adds to the costs of
the development, arguing that land is worth more than bare land.
Mr. Adams - stated the land could have become buildable lots if they had not been tied
to a restricted flow. Mr. Davidson explained the land value of the pond was calculated
at $2,700/acre based on what was used for park purposes. The developer thinks it is
worth more than that, and that is what the developer is contesting.
After further discussion on the storm sewer assessment, a majority felt it was fair
to base the value of the pond property to what was used for park dedication purposes.
They did not feel two different land values could be used in each case.
The Engineers then recommended the units be reduced to 107, which reduces the water
connection charge to $96,300. The total development cost is then reduced to $692,672,
which amounts to a cost/unit of $6,473. The unit reduction reflects taking out the
units in Out lots A,and B. Counci I agreed. So did Mr. Adams and Ms. Britton.
MOTION by Elling, Seconded by Lachinski, a Resolution adopting the Assessment Roll
for the improvement of watermain, satniary sewer, streets, and storm drainage, for
Woodland Terrace (IP85-5) for certification. (See Resolution RI24-85) DISCUSSION:
Councilman Orttel stated he doesn't agree with the $40,000 because the lots would have
development costs of approximately $7,000. He felt there was a disparity there
because of the assessment into the property. Each lot has a little larger assessment
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Assessment Hearings
October 7, 1985 - Minutes
Page g
(IP85-5, Woodland Terrace, Continued)
because those ponds in the development had to be worked around. He also argued
that they should be allowed to flow into the pond because the rate of flow remains
the same and the share for increased volume is being paid to Anoka. Those costs
are over and above the purchase price. But he felt the motion should be voted on
and possibly the issue raised again. Councilman Knight stated he wasn't happy with
the situation and agreed to the certification with the understanding that this be
discussed again. Councilman Lachinski felt the Council should either vote on this
and make the decision or come up with another solution, noting the roll must be
certified by October 10. He didn't have a good reason or justification for lowering
the storm drainage assessment at this time. He felt there may be a reason to look
at this again if it can be proved this development is paying considerably more for
storm drainage than the other developments draining into this system. Mayor Windschitl
didn't think it was proper to allow this development to drain into the ponds created
in another project for free. He felt this development had to pay its share, which
the assessment attempts to do.
VOTE ON MOTION: YES-Elling, Knight, Lachinski, Windschitl; NO-Orttel
Motion carried.
(Councilman Knight left the meeting at this time. 11:20 p.m.)
IP84-12/HOWARD-TEMPLE ADDITION, CONTINUED
Mayor Windschitl was concerned that at this late date the Council is first being
informed of the inordinately high engineering, legal and administrative costs. Mr.
Davidson stated the engineering costs, about $10,000 in this project, were higher
than estimated in the feasibility report because the project was rebid, because of the
many inspections that had to be made on the project, because of some problems with
the contractor, and because it is a smaller project that could not be tied into any
other. Councilman Lachinski thought that even though the engineer is high, the overall
cost per unit looks reasonable.
Further discussion noted there is only 270 feet of street, that there was a lot of
high water in the project, that the assessment can be divided among the seven lots
for amount of $6,612 each, and that the sewer connection charges can also be taken off
the assessment roll and collected at the time the building permits are pulled.
Mr. Howard - stated it would be preferable to charge the seven lots equally and to
take the connection charge off the roll. Mr. Davidson stated the assessment per
lot would then be $6,065.
Discussion continued on just what happened to run up such a large engineering bill and
ways to prevent it in the future, though it was felt at this point there is nothing
that can be done in this project. TKDA was asked to provide a breakdown of where
the engineering costs were incurred on this project.
MOTION by Elling, Seconded by Orttel, to adopt a Resolution adopting the Assessment
Roll for the improvement of sanitary sewer, street, and storm drainage for Howard-
Temple Addition (IP84-12) for certification. (See Resolution R125-85) Motion carried
on a 4-Yes, I-Absent (Knight) vote.
Due to the late hour, it was agreed to table those. items on the Special Meeting Agenda.
MOTION by Orttel, Seconded by Elling, to adjourn. Motion carried on a 4-Yes, 1-
Absent (Knight) vote. Meeting adjourned at 11:45 p.m.
\'\~,spectfu,lIY submitted, ~
) Il~~_~ ~\ {~
Marcella A. Peach -
Recording Secretary
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