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HomeMy WebLinkAboutSP October 13, 1987 ¿;;:..~ - .,.,."",-,:;> ~. ~, , (CA."; CITY of ANDOVER ;'~ 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 l! ~",-,' ."",- ~ .{ SPECIAL CITY COUNCIL MEETING - OCTOBER 13, 1987 . 7>-jr- MINUTES A Special Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on October 13, 1987, 7:33 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Ape I , Ell ing, Knight, Orttel Councilmen absent: None Also present: City Administrator/Engineer, James Schrantz ASSESSMENT HEARING/IP86-5/HANSON BOULEVARD Discussion was first on the northern portion of the project along Ward Lake Drive where the proposed assessment was based on front footage. Mayor Windschltl read a note from Ada Orr objecting to the assessment because her driveway is off Co. Rd. 58. Counc i I reviewed the assessment policy regarding use of the road, noting if a fully developed lot is not using Hanson Boulevard, no benefit is derived from the road and therefore no assessment should be levied against that lot. It was determined that Ms. Orr has two driveways, one off Co. Rd. 58 and one off Hanson Boulevard. Ada Orr. 1814 181st Avenue NW - stated the driveway off Ward Lake Drive should be closed. She said she doesn't need that driveway and that it Is dangerous because of the traffic along Ward Lake Drive. She also explained she did not ask to have that driveway put In when the project was done, that it was simply put there. There was one there before which was used by her renters. Ms. Orr expressed frustration over the assessment and said she is asking for a deferral on all of her property because it is in Ag Preserve and for an exclusion on the portion of the property where her house is located. Mr. Schrantz explained Ms. Orr's land is all one parce I . When doing the assessment roJI, he separated 2 1/2 acres with the house as one assessment and the rest of the parcel as a separate assessment. Counc II discussed the options of assessing as proposed or treating it as one parc~e I . Ms. Orr - stated the portion where her house is located has never been spll t from the remaining land. The driveway was a circle driveway and was replaced when the road was built. She stated the driveway to Ward Lake Drive will be removed, as It is a hazard coming onto Ward Lake Drive from that corner. Counc II poInted out It has to deal wIth what presently exists. The policy calls for an assessment when benefit Is derived from the use of the r-oad, in thIs case a driveway access from an existing residence. If that driveway had not been installed dur-ing the construction, there would be an argument for excluding the assessment for- the house. - Special CI ty Council Meeting October 13, 1987 - Minutes Page 2 <Assessment Hearing/IP66-5/Hanson Boulevard, Continued) Mayor Windschitl then read a letter of objection to the assessment from Walter and Phillis Arntzen, 17817 Ward Lake Drive. Mr. Arntzen - stated he had his property appraised on August 17 by the same appraiser hired by the City to appraise the land before the proJect was done. He had copies of that appraisal which valued the property after the new Hanson Boulevard was completed. The appraiser, Mr. Larson, estimated external depreciation of the property based on the construction of Hanson Boulevard as $6,250. So his property today Is worth $6,250 less than It was when the road was Ward Lake Drive. In talking with Mr. Larson, Mr. Arntzen stated he was told the reason for the depreciation is hIs once private and serene location Is now a heavilY traveled county road wIth a lot of traffIc and noIse. He felt It is a faIr and honest appraIsal, askIng that the Counc II waive the assessment agaInst hIs property. In further discussion wIth the Council, Mr. Arntzen stated Mr. Larson had the plans of Hanson Boulevard and how it will affect his property. Because Mr. Larson is a professional appraiser, Mr. Arntzen felt Mr. Larson was capable of giving an accurate appraisal. Mr. Larson explained to him the depreciation is because of the increased noise and traffic and extreme loss of trees plus loss of one-quarter acre of his property. Counc II noted the loss was compensated for in the settlement In the condemnation and is separate from the benefIt being assessed. Counc i I asked to review a copy of the appraisal Mr. Larson did for the Ci ty on Mr. Arntzen's property. This item was discussed again later In the meeting. Mayor Windschitl read a letter of objection to the assessments from Michael and OlivIa Bradley, 17745 Ward Lake Drive and 160XX Ward Lake Drive. Mr. Bradlev - felt he suffered the same loss as Mr. Arntzen wi th the increased traffic and noise. He said he Intends to pursue the same appraiser as Mr. Arntzen. He also noted 180XX Ward Lake Drive Is the vacant lot he owns. Mayor Windschitl read a letter of objection to the assessment from Loren and Barbara O'BrIen, 17947 Ward Lake Drive. Mr. O'Brien - stated he Is being assessed $3,500 for the property and he was paid $1,000 for the property. He asked if everybodY Is loosing $2,500. Mayor Wlndschitl explained what was paid varIes considerably along the road. Special CI ty Counci I Meeting October 13, 1987 - Minutes Page 3 (Assessment Hearing/IP86-5/Hanson Boulevard, Continued) Mr. O'Brien - asked why there is such a difference. He didn't have much value in the front of his property, but in square footage he is paying more. He stated he was told by Bill Hawkins that the assessment and the payment for right of way would be about even. He didn't think this was even. He also asked why they were not given these figures in the very beginning. Svlvla Britton. 17725 Ward Lake Drive - stated if everyone had donated their land In the begInnIng, there would be no assessment. She felt it is the people who changed their mind who have created the situation, because the rest of them had originally agreed to donate the easements. Counc i I explained the payment for right of way is based on what the appraiser says the land is worth for acquisition and the assessment is based on the benefit from the Improvement, and they are determIned i ndependen t1 y. It is often difficult to know what the assessment will be until the cost of the project is known. Mr. O'Brien - asked why they are being assessed for a county road. Why isn't the county paying for it. Counci I explained the City of Andover spent the money to acquire the right of way. The assessment is only for those easement acquisition costs. The road i tse If is paid for by the county, and there wi II be no assessment for it. The assessment hearing is for the cost of the acquisition of right of way and everyone is being assessed on an equal basis. Mr. O'Brien - didn't feel it was equal when some are being excluded. Mayor Windschitl explained assessments being excluded will not be picked up by the remaining properties. That portion will be paid for by the City at large. Mr. O'Brien - had no further questions, stating none of his questions were answered to his satisfaction. The discussion returned to the Issue raised by Mr. Arntzen. Counc i ] man Elling read a paragraph from the appraisal done for the City by Mr. Larson on Mr. Arntzen's property: "The interior of the house was not viewed as the setback is now over 50 feet northwest Ward Lake Drive and wIll be over 50 feet of setback from the new right of way of Hanson Boulevard. Therefore, no severence damages are attributable to the property and the same value would remain before and after the taking. " Counc il felt there was a conflict as to what Mr. Larson had said in the appraisal done for the City and the one done for Mr. Arntzen. Special Ci ty Counci I Meeting October- 13, 1987 - MInutes Page 4 (Assessment Hearing/IP86-5/Hanson Boulevar-d, ContInued) Mr. Arntzen - under-stood he had to pr-ove ther-e was deprecIation after the project was completed. He paid money to have this appraisal done, hIring the same competent appr-alser- as the City, asking If the Counc i I is not willing to r-ecognize the appraisal as a va II d appraisal. Mr. Arntzen also pointed out the reason Mr. Larson was hired for an appr-alsal was not because of this hearing but because the check was made out to the mortgage company and he needed an appr-alsal to have that check released. The Counc II agaIn stated the two appraisals obviously conflict and wanted an explanation from Mr. Larson. This would not interfer with Mr. Arntzen's objection to the assessment. There was a lengthy discussion with the residents on the time frame Involved. Mr. Schrantz stated the assessment roll must be certified to the County Auditor by tomorrow, October 14. which means the roll cannot be tabled to the October 20 meeting. Another Issued raised by the Counc i I was if the roll is not adopted, it would not be certified unti I next October, which would mean one year's capitalized Interest would be added to everyone's assessment. Several residents indicated they would like to have this settled out of court but did not want to Jeopardize their rIghts if the Counc i I must adopt the rol I tonight but does not receive an answer from Mr. Larson in the tIme frame they are allowed to file objections. Some also indicated they would also lIke to hire Mr. Larson to do theIr appraIsals but now cannot do so until the Counc II makes a decIsion on this matter. Mayor Wlndschltl read a letter of objectIon from Gary and Laura Arp, 17845 Ward Lake Drive. Mrs. Arp. 17845 Ward Lake DrIve - stated If Mr. Arntzen's appraisal is correct and one property Is deprecIated because of the project, then she felt everybody else's would be depreciated as well. She said the road Is dangerous to the animals and to children. They were opposed to the road to begin with. Mr. Arp - stated when they moved there, there wasn't much traffic. Now they have, for all practical purposes, a four-lane highway. He felt there was too much traffic noise and it has devaluated their property considerably and that there is no benefit because of the road. Mayor Windschltl read a letter of objectIon from DanIel and Janet Swarek, 18017 Ward Lake Drive. Special Ci ty CouncIl Meeting October 13, 1987 - Minutes Page 5 <Assessment Hearlng/IP86-5/Hanson Boulevard, Continued) Mr. Swarek - stated he felt the same way as tne Arps. He moved out there to get away from the city and traffic. He didn't want thIs road from the beginnIng and felt it Is depreciating all their property. He also questIoned the methods of assessment, askIng how the breakdown between front footage assessment and acreage assessment was derIved. He felt if some are being assessed by acres, they al I shou I d be. He didn't feel it was right that the CIty forced them to have the road and now is making the residents pay for it. Mayor Windschltl explained the assessment policy, noting the acreage assessment is used on the open land and the front-footage or unit method Is used in the urban/semi-urban areas. Mr. Swarek - fel t sIx. acres is not urban. Counc I I dIscussion noted theIr lots are considered developed and fall Into that front-footage or unIt method. Harold Hintze. 1550 181st Avenue NW - read from the August 18, 1987, CI ty Counci I Minutes, Page 11, on establishing the assessment method and the motion to send notices for the assessment hearing and to assess the two methods on the project. He asked for a clarification of the policy and what was legally changed. Counc I I discussion was no change was made to the polIcy. Though there was some dIscussion on a number of possIble methods of assessing, the methods beIng used In this project are those which were established years ago. Mr. Swarek - couldn't understand how they can be charged by the front foot and the others by the acre. He saId they had a road, and the others didn't have one and now have access to all their property. Yet he gets charged by the foot and those others get charged by the acre. Counc II explained that both sectIons have been treated as separate projects, and theoretIcally Mr. Swarek's assessment would be slmlllar on an area basis because all costs Incurred for the area north of 177th are being assessed back to that area. Mr. Bradlev - felt it is dIscriminatory that those south of 177th should be treated differently than those north of It. Counci Iman Orttel stated it has always been treated as two separate projects because of the open land in one area and the developed lots In the other area. Mr. Swarek - alleged they never heard of It beIng two projects, that It was always talked about as beIng one road. Special CI ty Counc II Meeting October 13, 1987 - Minutes Page 6 (Assessment Hearing/IP86-5/Hanson Boulevard, Continued) Mayor Windschltl read a letter of objection from Harold and Sharon Hintze, 1550 181st Avenue NW. Counc i I noted the staff viewed the property today and determIned that there Is no drIveway from this parcel accessing onto Hanson Boulevard, as the Hintze's driveway accesses onto 181st Avenue. The lot is fully developed. Because of that, the policy notes there is no direct benefIt and the lot therefore should not be assessed. Mr. Arp - asked how did the city enter Into the agreement with the county. Mayor Wlndschitl stated there is no reimbursement fr-om the county and no benefIt outsIde of the road itself, and he explained the county polIcy that the city is to purchase the r-Ight of way on any new road alignments. The Mayor also explained there Is no turnback by the county on this por-tlon of the pr-oJect, though there was one for- Hanson Boulevard fr-om County Road 20 to Bunker Lake Boulevard. That is the sectIon of Nightengale which wI I I be turned over and become a City str-eet. The county will overlay It fIrst and possibly shoulder it as well. Mr. Swar-ek - stated the agreement wIth the county Indicates the county wI I I resurface Nightengale with 1 1/2 inches of blacktop; and when Hanson Boulevard Is complete to 181st, then the county wI I I turn it back to the City. He said that makes hIm feel the City is robbing from them to pay for that, that they are beIng used as a pawn in a game with the county. The Counc i I explained no construction funds have been assessed to anyone along Hanson Boulevar-d, only rIght of way acquisitIon costs. When the county negotIated the alignment for Hanson Boulevard, al I of the items such as the road turnbacks, stor-m water control, etc., were dealt with at one time. It was fe It the reason the county wanted to turn back NIghtengale is because it is parallel to Hanson Boulevard and is no longer needed as a county road. Ed Bavers. 1657 161st Avenue - stated he has no use for that road at al I, as hIs address IS 161st Avenue. They took 4 1/2 acres to put the road in and gave hIm $5,600; and now he Is beIng assessed $8,600. Counc i I noted he has applied for a deferment, agreeing to address this once the Issues on the north end have been completed. Mayor Wlndschltl read a letter of objectIon from Ada Orr, Parcels 03 32 24 13 0001 and 03 32 24 12 0001. Ms. Orr - stated she has no access and plans no access to Hanson Boulevard. Her land is in Ag Preserve which is supposedly to be tr-eated dlffer-ently than a lot wIth a home. She stated she has no plans for developing her property; and If It were developed, it would go out to Co. Rd. 58, not to Hanson Boulevar-d. So ther-e Is no benefIt to her. Special Ci ty Counci I Meeting October 13, 1987 - Minutes Page 7 <Assessment Hearing/IP86-5/Hanson Boulevard, Continued) Mayor Windschitl understood the Ag Preserve agreement with the City pertains to sewer and water, but does not prohibit assessments for road projects. He also explained the assessment policy addresses the non-use Issue she is raisIng by provIding a deferment of the assessment as long as the road Isn't used. The deferment runs for 15 years wIth no interest accrueing and would be dropped at that time If the road Is not used. The assessment would be triggered, however, If the road Is used anytime within that 15-year period. Ken Orr. 17802 Ward Lake Drive - asked for a deferment. He has two parcels, but the one does not have access to Hanson Boulevard. The one-acre parcel with his house does access onto Hanson, but there Is no access from the other parcel onto either Hanson or 177th. He also stated more trees were taken down from his property during the project that were not In the plans. Mayor Windschltl stated the staff will contact the county as to why the other trees were taken down during the project. Mr. Schrantz stated he viewed no driveway onto Hanson Boulevard and felt Mr. Orr's vacant parcel should qualIfy for a deferment. Mr. Arntzen - put the Counc i I on notIce that they are being gIven InformatIon from the staff that Is totally Improper and are opening themselves up to a lawsuIt of discrImination. He said they have evIdence of driveways that have been there. This wi II not only be a question of Improper assessment but a discrimination action agaInst the Ci ty as well If it continues the way it is going. Mayor Windschitl stated if the Counc i I Is being given misInformation, this is the appropriate time to gIve the Council that Information. The purpose of thIs hearing is to levy an equitable assessment of the proJect; and if the Councl I is not aware of something or is mIsinformed, It should be corrected this evening if possible. Mayor Windschitl read a letter from Ada Orr, 1814 181st Avenue, to defer assessments against her unImproved parcels. Discussion returned to the request for the removal of the assessment agaInst 1550 181st Avenue, Harold and Sharon Hintze property, for nonuse. Mr. Schrantz stated he dIdn't observe a driveway onto Hanson Boulevard from thIs lot. Counc II generally agreed to exclude the assessment at this time because it Is a fully developed lot whIch exIts onto 181st Avenue. In the event the lot is spIlt or a driveway is made to Hanson Boulevard, then an assessment would be levied against Ît. The CIty at large wi I I pick up that portion of the assessment, so It wi I J not affect the other assessments. MOTION by OrtteJ, Seconded by EI ling, that the Counc I ] exc I ude the property of Harold and Sharon HIntze from the assessment on Ward Lake Road, the address being 1550 181st Avenue NW, Andover, Minnesota, PIN No. 02 32 24 22 0007. <See ResolutIon R204-87) Motion carried unanImously. Special City Council Meeting October 13, 1987 - Minutes Page 8 (Assessment Hearing/IP86-5/Hanson Boulevard, Cont I nued> Mr. Hintze - withdrew his letter of objection. Counc i I discussion was then on the requests made by Ms. Orr to exclude her property with the house because it exits onto 181st and to defer the assessment on both parcels. Mr, Schrantz stated there are two PIN numbers because there are two 40s, but It Is only one parcel. He also noted the assessment roll severs 300 feet where the house Is located as a separate assessment. The policy allows the City to certify on a lot basis. Ms. Orr - stated she Is paying taxes on the entire 40 and it is only one piece. She stated the access to 181st Avenue was always her principal exit. She owns the house and rents It out, and they were the main users of the driveway off Ward Lake Drive. Her renters in i t I a I I y pu t the culvert in to Ward Lake Drive, not her. A culvert and driveway to Hanson Boulevard was put In during the construction, but she said she was never asked if she wanted It. Counc i I commented It must deal with what exists now. They also noted the policy states if a portion of a parcel Is developed, it will be assessed for the minimum lot size in that area. In this case, It amounts to 300 feet. There was some discussion as to whether the Counc i I can sp I It the assessment on a single parcel as proposed. Mr. Schrantz stated the legal document showing the split In the assessment would be those of this hearing. Based on the fact that the driveway was replaced during the project, the Counc II generally felt the assessment for 300 feet must stand as prepared as a direct assessment. If that driveway was taken out, the Counc i I felt there would have been a basis for exclusion from the assessments because of lack of use. Mr. Orr - clarified If Ms. Orr would sel I 2 1/2 acres in the future, she would be assessed on that 2 1/2 acres only up to 15 years. Counc i I explained the proposal Is a direct assessment for the portion where the house Is located, and the balance of the property would be subject to the deferral. If she splits off another parcel within the 15-year period of the deferral, that would trigger the assessment on the newly created parcel. If nothing is done for 15 years, the assessment would be cancelled. Ms. Orr - didn't understand having two assessments on one parcel. She was afraid she would be assessed for part of it and the remainder deferred. She couldn't see that because It is al I one parce I . She has never asked for that driveway and there are no problems taking It out. Counc 11 did not dispute that It was one parcel, but the property uses Hanson Boulevard, which makes It subject to an assessment. At this point, the removal of the driveway doesn't mean the assessment would be removed. The decision Is made on what exists at the time of the hearing. Special City Councl I Meeting October 13, 1987 - Minutes Page 9 (Assessment Hearing/IP86-5/Hanson Boulevard, Continued) No motion was made regarding the assessment against 300 feet on which the house is located; therefore the roll stands as prepared. Discussion was on the request to defer the assessment on Ken Orr's parce 1 . Mr. Orr - stated It is about seven acres and there Is no access onto Hanson Boulevard. MOTION by Orttel, Seconded by Apel, deferral of assessment on property Identified as PIN 03 32 24 14 0002 based on the fact that there is no direct access to the property and the property is in an undeveloped state. (See Resolution R205-87) Motion carried unanImously. Mayor Wlndschitl explained a deferral of an assessment will show up in an assessment search putting everyone on notice that there is a potential for an assessment. Mr. Arntzen questioned deferring assessments when the plans show a driveway. He stated he is talking about what was used and implied it is not difficult to put driveways In and out during certain times of the year. Mr. Orr stated he requested the driveway to his vacant Jot not be put In. Counc i I noted the policy refers to development requiring a permit. Also, the staff visually logged the driveways along the project as of this morning. Mayor Wlndschitl stated if there is a factual dispute over whether the property Is or is not using the road, at the time a driveway is observed and being used, i t Is subJect to an assessment. MOTION by Orttel, Seconded by Elling, that the properties owned by Ada Orr that are affected by the Hanson Boulevard project have their assessments deferred for 15 years due to nondevelopment at the current time with the exception of the area of the dollar equivalent to one minimum lot in the area, which is In the amount of $3,138, subject to the conditions of the ordinance covering the Improvement. (See Resolution R206-87) DISCUSSION: Mr-s. Hintze asked if i t Is legal to split out a portion of the parce I . Counc I I noted the parceJ Is not being split. Of Ms. Orr's assessment, $3, 138 wi I I be assessed and the balance will be deferred until she develops the property or I t is cancelled after 15 years. Counc i I also discussed the PIN numbers for- Ms. Orr's property, asking that the Administrator check to be sure she was notified properly. Motion carried unanimously. Counc I I then discussed the Issue of the appar-ent conflict in appraisals done by Mr. Larson on Mr. Arntzen's property. Counc II asked that Me-. Larson clarIfy the statements in writing. There was a great deal of discussion with the residents as to how a project can be assessed before it is completed, on the payment of capitalized Interest if It is not assessed this year, on the appraIsals done by Special City Council Meeting October 13, 1987 - Minutes Page 10 (Assessment Hearing/IP86-5/Hanson Boulevard, Continued) Mr. Larson and why there Is an apparent discrepancy, on the time factor regarding the certificatIon of the roll, on the procedure and time periods allowed for an appeal of any assessment, and on what is the most appropriate method of expedIting a clarification from the appraiser and adopting the roll yet this year. The general objections and questions raised by several residents were why the the appraisal done for Mr. Arntzen should not be accepted by the Counc II this evening, the fear that the CI ty wi II Intimidate Mr. Larson to respond In the City's favor, the fear that their rIghts and time frames for an appeal wi II be JeopardIzed If a clarIfIcation Is not received from Mr. Larson In a tImely fashIon, why they should have to pay capitlized interest, and why they should have to pay for a road they did not want in the first place. Counc II responded to the objections and questions by pointing out the apparent conflict in the two appraisals noting the Council simply wants an explanation regardIng the conflict, by generally reviewing the appeal process but recommending resIdents contact their own attorneys for specifIc guIdelines, and by noting each resident wishing to appeal the assessment must retain their own appraiser. Counc i I asked Mr, Schrantz to seek an extension from the county to certify the roll to the County Auditor by October 21. It was fel t by then a response could be received from Mr. Larson, the roll could be adopted at the October 20 meeting, and a year's worth of capitalized Interest could be averted. MOTION by Knight, Seconded by Elling, that we certify the roll subject to request to the county to extend our date to the 21st. DISCUSSION: Councilman Knight stated the attempt would be to hold the roll unti I October 20 If the county agrees so an answer can be received on the appraIsals. It was then noted the assessment roll also covers the southern portion of the project which has not yet been discussed. Counc i I agreed to hear testimony on the remainder of the project first. Councilmen Elling and Knight WITHDREW the Second and the Motion. Mayor Windschltl read a letter from James Glatt, 1750 177th Avenue NW, askIng for a deferment on his property. Mr. Schrantz stated he did not view a driveway from the Glatt property onto Hanson Boulevard. MOTION by Orttel, Seconded by Apel, that we defer the assessment of James Glatt, PIN 03 32 24 42 0001 due to nondevelopment of the property. (See Resolution R207-87) MotIon carried unanimously. Mayor WIndschItl then read a letter from Lawrence and M. R. Audette, 1364 Ward Lake Drive NW, asking to defer assessments on property that borders Hanson Boulevard. Mr. Schrantz stated there Is a driveway from the Audette property onto Hanson Boulevard that is newly constructed with a culvert. Special CI ty Council Meet I ng October 13, 1987 - Minutes Page 11 (Assessment Hearing/IP86-5/Hanson Boulevard, Continued) Counc i I debated whether Just a driveway onto Hanson Boulevard constitutes reason for activating an assessment. Councilman Orttel argued the attorney's opInIon of the policy Is a driveway itself is not the Issue; it Is development requirIng a permit from a governmental unit that generates the assessment. Mr. Schrantz stated the county generally requires a permIt to access a driveway onto a county road; however, none were requIred in this instance because drIveways were Installed as a part of the project. MOTION by Orttel, Seconded by Apel, that we defer the assessment of Lawrence Audette, PIN 02 32 24 32 0001, as It compIles with the requirements of the ordinance regulating deferments. (See ResolutIon R208-87) DISCUSSION: It seemed to Mayor Wlndschitl that If there is a driveway now when there wasn't before, it should be assessed. He was concerned that a drIveway from a commercIal business such as a sod farm would really benefit from the use of the road but, according to Councilman Orttel's position, would not be assessed. He didn't feel that was right. Councilman Orttel stated he doesn't dIsagree; but said the ordinance says an assessment is triggered when development that requires a permit takes place. He thought that also applIes to what generates an assessment In the first place. CouncIlman Elling thought in the past a driveway onto the road trIggered an assessment, and that policy should continue. Councilman Orttel stated only on the minimum lot size in the area. In further discussIon with residents and staff it was noted the Audettes do not have a sod or truck farm operation, that the trucks haulIng dirt from the Audette property for thIs project did not use the newly created driveway but one further north, and that this Is a large parcel that now borders Hanson Boulevard but had and still has access from Ward Lake Drive and Audette's homestead. Residents also poInted out a statement sent to them by staff regardIng this assessment that they are allowed an access to the property on which the assessment Is deferred until a building permit is taken out. Coucllman Orttel stated that is taken from the ordinance. If the desIre Is to change that, the ordinance should be changed. Mayor Winschi t I st ill felt there must be some equity and that someone shouldn't have unlimited use of the property which someone else with a simil iar use is paying for. If there is use of the road, he felt there should be an assessment. Councilman Knight stated he disagrees with the ordinance and felt It should be changed. VOTE ON MOTION: YES-Ape I , Knight, Orttel; NO-Elling, Wlndschitl Motion carried. Mayor Wlndschitl then read a letter from Donald M. Osman requesting a deferment on PIN 10 32 24 41 0002. Mr. Schrantz stated he didn't observe a driveway from this parcel onto Hanson Boulevard. Special CIty Council Meeting October 13, 1987 - MInutes Page 12 (Assessment Hearing/IP86-5/Hanson Boulevard, Continued) MOTION by Apel, Seconded by OrtteI, a ResolutIon provIdIng for the deferment of specIal assessments agaInst undeveloped property pursuant to MS, Chapter 429.061, SubdivIsIon 2 and City of Andover ResolutIon of Policy on State AId Improvements for which the City has expended funds, on the property known as Donald Osmond property, PIN Number 10 31 24 41 0002. (See ResolutIon R209-87) Motion carrIed unanimously. Mayor Windschitl read a letter from James and Vera Kuiken to defer the assessments on two of their parcels. MnTION by Orttel, Seconded by Apel, a Resolution providIng for the deferment of specIal assessments agaInst undeveloped property pursuant to MS, Chapter 429.061, Subdivision 2 and City of Andover ResolutIon of PolIcy on State AId Improvements for whIch the CIty has expended funds, on property known as PIN Number 11 32 24 22 0001 and 02 32 24 33 0001. (See ResolutIon R210-87) MotIon carried unanImously. Mayor Wlndschltl read a letter from Jeffrey W. and Lynda S. Bergeron to defer 15 acres of theIr 20-acre parcel at 16422 Hanson Boulevard. Me. Berqeron - stated a house Is beIng buIlt on the fIve-acre parcel wIth a driveway onto Hanson Boulevard beIng on the property lIne between the 5- and 15-acre parcels. There is a deed for the five-acre parcel and a contract for deed for the 15 acres. MOTION by Orttel, Seconded by Knight, a ResolutIon providing for the deferment of special assessments agaInst undeveloped property pursuant to MS, Chapter 429.061. SubdIvIsIon 2 and City of Andover ResolutIon of Policy on State AId Improvements for which the CIty has expended funds, for the property descrIbed as the north 15 acres of the 20-acre parcel owned by Jeffrey and Lynda Bergeron, PIN Number to be determined from City records. (See Resolutions R211-87) DISCUSSION: Mr. Schrantz explained because the road took part of the 20 acres, the actual sizes of the remaInIng property was 17 acres. When determInIng the assessments, he took a proportional part of it and used 4.4 acres and 13.44 acres for the two parcels Just considered. MotIon carrIed unanImously. Mayor Windschitl read the letter from Edward Bayers, 1657 161st Avenue, aSking for a deferment of the assessment against his property. Mr. Schrantz stated there Is a driveway constructed to Hanson Boulevard. There was a windIng drIveway out to It previously. Mr. Bayers - stated they put it in when they did the road. He explaIned he doesn't use Hanson Boulevard at all but uses 161st. There was a loop runnIng off the driveway which he used when visitIng the neIghbors, but he doesn't need it. Special City CouncIl Meeting October 13, 1987 - Minutes Page 13 (Assessment Hea~lng/IP86-5/Hanson Boulevard, Continued) Council ~eviewed maps showIng where the driveway was p~eviously and where It Is now located. Mayor Windschltl stated If the d~Iveway wasn't there, it would be simllia~ to the Hintzes and the assessment could be excluded. With it there, there Is a question of a defe~ment. Councilman Orttel stated it Is not fully developed p~ope~ty, whereas the Hintzes is fully developed. He felt it falls in the same category as the Audette's. MOTION By Apel, Seconded by Orttel, a Resolution p~oviding for the deferment of special assessments against undeveloped property pursuant to MS, Chapte~ 429.061, Subdivision 2 and City of Andover Resolution of Policy on State Aid Improvements for which the City has expended funds, for the Edward J. Bayers property, PIN No. 15 32 24 14 0001. (See Resolution R212-87) Motion car~Ied unanImously. Mayor Windschitl noted the letter f~om DIck and ElaIne KuIken requesting a deferment of the assessments on their parcel. Mr. Schrantz repo~ted there is no driveway with culverts from this parcel. MOTION By OrtteI, Seconded by Apel, a ResolutIon provIdIng for the defe~ment of special assessments against undeveloped property pursuant to MS, Chapter 429.061, SubdivIsion 2 and CIty of Andover Resolution of Policy on State Aid Imp~ovements for whIch the City has expended funds, on property known as PIN No. 11 32 23 32 0001. (See Resolution R213-87) Motion carried unanimously. Council discussion was on the O~ville Aasness property. The prope~ty had access onto 161st, and it was changed to access onto Hanson Boulevard because of the project. MOTION By Elling, Seconded by Orttel, a Resolution provIding for the deferment of special assessments against undeveloped property pursuant to MS, Chapte~ 429.061, SubdivisIon 2 and CIty of Andove~ Resolution of Policy on State Aid Improvements for which the City has expended funds for Orville and Dorothy Aasness, PIN Number 14 32 24 22 0001 and 15 32 24 11 0001. (See Resolution R214-87) Motion carried unanimously. Charles Hoffman. 19455 Hlqhwav 65 NE - requested a deferment of the assessments for two of his parcels. He stated he doesn't have a d~lveway onto Hanson Boulevard. Mrs. Hoffman stated she ~equested a defer~al by phone to the City Hall. M~. Sch~antz concurred there a~e no driveways on their parcels. MOTION By Elling, Seconded by Orttel, a Resolution providing for the deferment of specIal assessments against undeveloped property pursuant to MS, Chapter 429.061, SubdIvIsIon 2 and CIty of Andover ResolutIon of Policy on State AId Improvements fo~ whIch the City has expended funds for Charles and Ardis Hoffman prope~ty, PIN Numbe~s 10 32 24 13 0002 and 10 32 24 11 0001. (See Resolution R215-87) MotIon ca~ried unanimously. Special CI ty Counci] Meeting October 13, 1987 - Minutes Page 14 (Assessment Hearlng/IP86-5/Hanson Boulevard, Con t! nued) Mike Bradlev. 180XX Ward Lake Drive - asked for a deferral of assessments on his vacant lot based on the fact there has been no permi t issued and it is not being used at this point in time. It is a six-acre lot less the easement. MOTION By Orttel, Seconded by Knight, a Resolution providing for the deferment of special assessments against undeveloped property pursuant to MS, Chapter 429.061, Subdivision 2 and City of Andover Resolution of Policy on State Aid Improvements for which the City has expended funds, on property known as Mike Bradley, PIN Number 02 32 24 22 0005 due to the fact that there is no development existing on the property that requires a permit from any governmental authority. (See Resolution R216-87) DISCUSSION: Mayor Windschitl stated the Council has never allowed buildable parcels, which this one is, to escape assessments. He felt everyone should be treated unlform]y, and this is not doing that. Councilman Ortte] argued the ordinance allows It. State AId roads have only been assessed for two years. In further discussion with the residents, Counc i I c]arified the deferment is for a period of 15 years and interest does not accrue during the period of the deferment. VOTE ON MOTION: YES-Ape I , Knight, Orttel; NO-Elling, Windschitl Motion carried. Mike Walker. 1640 177th Avenue - requested that the assessment on his property be deferred. Mr. Schrantz noted a motion made at a previous meeting excluded the assessment on 2 1/2 acres of his property where the house is located. Mr. Schrantz stated there are three driveways from Mr. Walker's property which exit onto Hanson Boulevard. Mr. Walker - stated there are three separate driveways -- one on the 2 1/2-acre area, one on the 6-acre area, and one other. Several residents questioned why a portIon of the Wa]ker property was excluded from the assessment. Counc I ] explained during the acquisition of the property, the Walker property was the only one where the Commissioners awarded damages In excess of the value of the property taken because of the c]oseness of the house to the road. Because of that, it was felt there would be no benefit as a result of the proj ect. MOTION By Apel, Seconded by Orttel, a Reso]ution providIng for the deferment of speclaJ assessments against undeve]oped property pursuant to MS, Chapter 429,061, Subdivision 2 and City of Andover ResolutIon of Policy on State Aid Improvements for which the CIty has expended funds, on land PIN Number 03 32 24 41 0004 and 03 32 24 44 0001. (See Resolution R217-87) Motion carrIed on a 3-Yes (Apel, Knight, Orttel), 2-No (EI]ing, Windschitl) vote. Special Ci ty Counci I Meeting October- 13, 1987 - Minutes Page 15 <Assessment Hear-Ing/IP86-5/Hanson Boulevar-d, Continued) There was a further discussion with Ms. Orr-, as she felt her situation was the same as Mr. Walker-'s and it's not fair- that Mr-. Walker- gets access to Hanson Boulevar-d fr-ee and she doesn't. She repeated her r-easons noted at the beginning of the hear-ing as to why her- assessments should also be deferred. She stated she wants that driveway onto Hanson Boulevard closed off and taken out. Councilman OrtteJ explained Mr. Walker-'s house was excluded from consideration because of the way the pr-operty was acquired. Also, the Council must deal with what exists at this time. He didn't know if the assessment could be removed if that driveway to Hanson Boulevard was taken out tomorrow. Ms. Orr - felt she was being discriminated against. She never had a chance to tell anyyone she didn't want that driveway, and nobody contacted her. She walked down the project one day but couldn't find the foreman because she didn't want the driveway. She felt everyone would agr-ee that dr-Iveway Is in the worst location and should not be there. And It is difficult to contact Paul Ruud. Mr. Arntzen - stated because of the many deferments and waivers, 95 percent of the total doll ars wi II never be r-ecouped by the City and 5 percent wi II be paid by Just a few. Councilman Orttel noted that same comment was made on the Hanson Boulevard project south of 161st, and most of it has already been collected In just the past few years. MOTION by Knight, Seconded by Elling, r-elnstating the motion adopting the assessment roll for the improvement of street construction and r-ight-of-way acquisition for Improvement Project No. 86-5, Hanson Boulevard, for certification, and request the county to give us an extension to October- 21 to certify to the County Auditor. DISCUSSION: Mr. Schr-antz stated he would call tomorrow to ask for that extension, but he didn't know when he would r-eceive an answer. Counc il noted technically the motion approves the assessment roll this evening and the time fr-ames for- those making an appeal begins now. That might change if the county grants an extension. Motion carried unan Imousl y. Discussion retur-ned to obtaining a clar-Iflcation from Mr. Lar-son on the two appraisals done on Mr. Ar-ntzen's proper-ty. Mr. Arntzen cautioned he does not want to get Mr. Larson into trouble and explained the appraiser- was not hired specifically to argue the assessment. He said Mr. Lar-son was hired so he could get his check and Mr-. Larson has no idea that this is taking place this evening. Counc il stated the appraisers are hired by the City Attorney, not by the Counc i i ; and the intent is not to cause any problems for Mr. Larson, but merely to receive a clarification. Special City Council Meeting October 13, 1987 - Minutes Page 16 <Assessment Hearing/IP86-5/Hanson Boulevard, Continued) After further discussion It was agreed Councilman Knight will contact Mr. Larson regarding the two appraisals done on Mr. Arntzen'S property and ask for a clarification. This Is to be continued to the October 20 Council agenda. The Hearing was closed at 11:25 p.m. AMENDF.D RESOLUTION RI78A-86/SPECIAL USE PERMIT David Almgren, Building Official, reviewed the problem with the the special use permit approved for Local Oil with specific directions for the construction of the fence, noting the proposed fence would not look good. He suggested the fence be changed to a shadow box type. Rather than amending the special use permit, It was agreed to change the City's fence standards. MOTION by Orttel, Seconded by Knight, that we amend the City fence standard for screening around commercial properties to include what is called an alternating board double faced fence to be used as required by the Andover Review Committee. Motion carried unanimously. PURCHASE COPIER Mark McCarthv - stated he brought out a Mlta copier and Is quoting a price of $5,995. After a brief discussion, It was agreed Mr. McCarthy will bring a copier to the office tomorrow at 4 o'clock and leave It for the staff to try it out. Counc i I also asked to be provided a summary sheet comparing costs on the various models. ELEMENTARY SCHOOL/WATER LINE LOOP Mr. Schrantz explained the school district has asked If the City wants an additional loop In the water system to accommodate a pool at some point in the future. It would cost approximately $15,000 to $16,000. Counc i I agreed the funds should not be spent at this time, that that cost would be part of a bond should a pool ever be constructed. MOTION by Orttel, Seconded by Knight, to adjourn. Motion carried unanimously. Meeting adjourned at 11:37 p.m. . Re.peCtf"JlY~":"ltted. L \~'O~'-Cl~ Marc a A. Peach Recording Secretary