HomeMy WebLinkAboutBOR/SP May 12, 1988
CITY of ANDOVER
BOARD OF REVIEW/SPECIAL CITY COUNCIL MEETING
MAY 12, 1988 - AGENDA
7:30 P.M. l. Call to order
2. Board of Review
8:30 P.M. 3. Public Hearing/Tulip Street/IP88-9
9:00 P.M. 4. Public Hearing/University Avenue/IP88-10
5. Adjournment
'CA CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100
BOARD OF REVIEW/SPECIAL CITY COUNCIL MEETING
MAY 12, 1988 - MINUTES
The Board of Review and a Special Ci ty Counci I Meeting for the City of
Andover was called to order by Mayor Jerry Windschltl on Mal' 12, 1988,
7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW.
Andover, Minnesota.
Councilmen present: Apel, EI I lng, Knight, Orttel
Councilmen absent: None
Also present: County Assessors John Leone and Scott Varner;
City Administrator, James Schrantz; and others
Mayor Wlndschltl explained the Council Is only able to deal with
valuations on which taxes will be paid In 1989. If there Is an Issue
over the 1988 taxes, that must go through the county abatement
procedure.
The followIng residents presented theIr cases:
Charlie Velman. 13646 Crooked Lake Boulevard. PIN 33 32 24 31
Jm.Q2
M.. Velman stated his property value Increased 30.4 percent. He
origInally receIved notIce of a valuatIon of $75,600. He called
the Assessor's offIce, and the property was reInspected. He dId
not receive an offIcIal notice of the resu I ts of the second
appraisal.
The Assessors explained the second appraisal was for $69,500
but was not made offIcial until they knew It was acceptable to
Mr. Vleman. One of the reasons for the Increase was they changed
the qualIty of the house. They had rated It at a 7; the second
appralsor lowered It one-half grade. Technically the basement Is
fInIshed, but the second appralsor chose to call It partIally
completed. Mr. Leone stated the land went up $4,000, explaIning
thIs year property was Indexed county wide from 2 to 6 percent
dependIng on the type of structure of the house. This was to
stay wIthin the valuatIon ratIos required by the State. ThIs
Index was done after they had made their InspectIons. Mr. Leone
also explaIned the house had not been revalued sInce October,
1979.
DiscussIon between the Assessors. Councl I. and Mr. Velman was on
what caused the Increased valuation on Mr. Velman's property.
Mr. Velman also explained that where the house and garage are
situated, it would not be possible to subdivide the lot and stl I I
attain al I setbacks on the new parcel.
It was agreed another Assessor will check the property and make a
recommendation at the continued Board of RevIew.
Board of Review/Special City Council Meeting
Mal' 12, 1988 - MInutes
Page 2
<Board of Review, Continued)
Ot to Pf I He.. 15400 Rose Street. PIN R20 32 24 13 0006
M.. Pf I Her stated last year he didn't come before the local
board. but he was concerned about the increase. And when he
appealed to the County, he was denied because he had not been at
the local level. He was concerned because the value Increased
about $12,000 in the past two years. It Is an A-frame house, but
most of the space around the house Is not useable because he
designed It for an air flow for energy conservation. The
basement Is not finished. Mr. Pflffer also questIoned why the
value of the land would Increase, when land costs have not gone
UP around hIm sInce he purchased his lot sIx years ago. He also
questIoned the classification as a story and a half.
M.. Leone explained the valuatIon was lowered two years ago from
$117.000 to $112,000. DiscussIon with the CouncIl was on the
affects of the blanket Index. wIth Mr. Leone explaInIng such an
Index Is needed to comply with the State law of stayIng wIthin 90
percent of the market value.
It was agreed an Assessor will check the property and make a
recommendatIon at the contInued Board of Review.
Euaene R. Peters. PIN R13 32 24 42 0003
M.. Peters stated he owns fIve acrc~ at the end of Goldenrod.
His valuatIon dIdn't go up that much, but his taxes Increased 360
percent. When he purchased the property. most of the trees were
down. He asked who Is responslblle for raising the taxes that
much. He expressed frustratIon over having to pal' that much tax,
statIng at that rate he will have to buy the I and at least once
more before he can buIld on It.
M.. Leone explained It Is classIfIed as tIllable and a building
sIte, and the reason for the tax Increase Is because It was taken
off agrlcu] tural and placed as resIdentIal classifIcatIon. Mayor
Wlndschltl revIewed the tax formulas establIshed by the State
LegIslature and how It can adversely affect vacant land.
No actIon was taken by the CIty Council.
Gerald E. Durham. PIN R09 32 24 32 0001
Mr. Durham stated he purchased the property In 1986 for $116,000,
and now the estimated market value Is for the same amount. He
wondered If everybody pays for 100 percent of the actual market
value.
Board of RevIew/Special CI ty Councl I Meeting
Mal' 12. 1988 - Minutes
Page 3
<Board of RevIew, Gerald Durham, ContInued)
Mr. Leon explained an arbItrary assessment had been assigned the
parcel, but It should not be valued at 100 percent.
It was agreed an Assessor will check the property and make a
recommendation at the continued Board of Review.
Dick Nelson. 17163 Ward Lake Drive. PIN 12 32 24 22 0001
Mr. Nelson stated he bought 37.4 acres of a government lot from
hIs father's estate. He had lived there all his childhood and
wanted to build a home on that property, but the soIl borings
IndIcated he dId not have 39.000 contIguous square feet above the
mottled water lIne to sustaIn a septIc system. So he was denIed
a buIlding permIt. As a result of not qualIfyIng for homestead
credIt, his taxes went from $870 to $1,960. There Is a lot of
lakeshore, but 1 t Is a swampy shore. Mr. Nelson stated If he
could buIld on that parcel, he would not complain.
Mr. Leone stated there Is a negligible value placed on the land,
and the value hasn't changed that much In the last three years.
He agreed to vIew the land.
Mayor WI ndsch I t I thought the ordInance was 39.000 square feet
above the known high water table, not the mottled water line. He
was concerned about a buIldIng permit beIng denied when
correctIons could be made to the property and asked that the
Building OfficIal provide a report for the next meeting as to
what took place on this property. <A motion on this Issue was
made at the end of the public hearings.)
It was agreed an Assessor wIll check the property and make a
recommendatIon at the contInued Board of Review.
Todd Nelson - did not wish to add anythIng further.
Bill Wood. PIN 213224 330014
Mr. Wood stated he bought his home a year ago for $170,000 and
the house was valued at $166.100, 98 percent of the value, at
that time. This comIng year It Is valued at 102 percent of the
purchase price.
Mr. Leone stated generally speaking the value should not be that
hIgh, but he was willing to vIew the property again.
It was agreed an Assessor wIll check the property and make a
recommendation at the continued Board of Review.
Board of Review/Special City Council Meeting
Mal' 12, 1988 - MInutes
Page 4
<Board of RevIew, Continued)
Stanlev Hocks. 14732 Butternut. PIN 24 32 24 11 0010
Mr. Hocks stated they moved In three years ago and it was valued
at $75,000. Now It Is valued at $90,600, an Increase of almost
$15,600 In 2 1/2 years.
The Assessors noted the property was viewed In July. 1986; and at
that time there were many Items that were not being valued on the
house. And the county-wIde Increase also affected this property.
They also explained the tax formula and how the tax escalates
once the value goes above $66,000.
No action was taken by the Council.
Kenneth R. Anderson. 3207 174th Lane. PIN 05 32 24 44 0056
Mr. Anderson stated he had his house appraised one month ago, and
It was appraised at $74.500. but the county has It valued at
$92,300. He stated no one has been In the house.
It was agreed an Assessor will check the property and make a
recommendation at the continued Board of Review.
Daniel J. Llzakowskl. PIN 24 32 24 32 0021
Mr. Llzakowskl asked when was the last time anyone was In his
house. The value Increased $7,500 from last year. He didn't lIke
the way the system worked as to setting an arbitrary value on the
house. thInking he would not be able to sell It for what It has
been valued.
Mr. Leone explained the State law requires the value be at least
90 percent of the market value. He also noted they were not able
to get In the house last time It was viewed.
It was agreed an Assessor wIll check the property and make a
recommendation at the continued Board of Review.
Jim Lachlnskl. PIN 143224 31 0001 and PIN 14 32 24 34 0001
Mr. LachlnskI bought the land In December, 1986. The taxes on 20
acres was $190. This year the tax statement is for $803. which is
a 400 percent Increase.
Board of Review/Special Ci ty Counci I Meeting
Mal' 12, 1988 - Minutes
Page 5
(Board of Review, Mr. Lachlnskl, Continued)
Mr. Leone explained the classification was changed from
agriculture to resIdential. Mr. Leone stated that change was
made based on visual observance of the property. The valuation of
both parcels combIned Is less than what he paId tor It.
Mr. LachlnskI was upset that the change was made wIthout hIs
beIng made aware of It. Mayor Wlndschltl stated It Is a factual
questIon as to whether It Is being farmed or not. M.. Lachlnskl
asked how it can be reclassIfied as agrIcultural. M.. Leone
explaIned It needs to be 10 acres or more and meet the green
acres requirement of generating an Income of $300 plus $10 per
tIllable acre per year. According to the records, there Is no
tillable land. Mr. lachlnskl stated the trees were gone before
he purchased the property.
It was agreed an Assessor will check the property and make a
recommendation at the continued Board of Review.
Ann Sikora. PIN 21 32 24 11 0001
Ms. Sikora stated her property was agricultural for 40 years, but
now It Is residentIal. She stated she Is not developIng the
property and the road only goes to that property and no further.
Her value Increased $300, complainIng her value Is always being
raised.
M.. Leone explained It Is a spIlt classIfIcation. The house Is
classifIed resIdentIal; however, the remaInIng vacant property Is
stIll classifIed agrIcultural.
No action was taken by the Council.
MOTION by Orttel, Seconded by EllIng. that we contInue the Board of
RevIew to June 7. MotIon carrIed unanImouslY. (At a sUbsequent
meeting, the date was reset to Mal' 24 due to a State law requIrement)
The Board of RevIew was closed at 8:57 p.m.
PUBLIC HEARING/TULIP STREET/IP88-9
Pursuant to notIce publIshed thereof, a Public Hearing on the proposed
Municipal State Aid street construction on TulIp Street from 157th
Avenue to 161st Avenue was called to order by Mayor Wlndschltl.
Mayor Wlndschitl explained the intent is to construct the road usIng
MunIcIpal State AId funds; and 1 fall needed right of way Is donated,
there would be no assessment to the resIdents.
Board of RevIew/SpecIal CIty CouncIl Meeting
Mal' 12, 1988 - MInutes
Page 6
(Public HearIng/TulIp Street/IP88-9, Continued)
Glen Cook, BRA, reviewed the proposed project stating the only concern
Is the need for easements for the storm sewer discharge. They propose
maintainIng the same drainage patterns that are there now and which
currently discharge Into the back yards. There wi I I be some
addI tI ona I discharge because of the hard surface. The estimated cost
of the project Is $211,730. and the project would be completed by the
end of September.
The hearing was then opened for publIc testimony.
? - asked about the width of the street and about tree removal.
. Mr. Cook explaIned the street would be 32 feet face to tace. There
will be some tree removal on the east sIde of the road, especially
along the Reynolds and Knoll property. The large pine trees should be
far enough from the road to not be affected.
Larrv Revnolds. 15951 TulIp - stated there Is one large oak tree
Just south of his house. Mr. Cook stated yes, there would be some
tree removal In that area too.
? - asked If the roadbed would be followed but extending It
about four feet on each side. Mr. Cook stated It would be extended
about five feet on each side for construction and boulevard. A
mlnimumn width of 35 feet needs to be clear cut. The boulevard banks
back at a 4 to 1 slope.
Jeff HertlCl. 15930 Tulip - stated he Is affected by the storm
drainage. It wI I I go underneath his chaIn link fence, askIng if the
CIty wIll be payIng to remove the fence and will It be replaced. Mr.
Cook stated the fence wIll be taken down and replaced in approximately
the same area.
Mr. Hertla - stated at the end of the existing drain on the north
end of the street, the pIpe Is wide open and It Is not being
maIntained. Is the property owner responsible or does the City take
care of the dIrt, etc., that comes through the pipe? M.. Schrantz
stated if there is a problem, the CI ty wi II take care of It.
Mr. Hertia - wondered if that open end of the pipe shouldn't be
fenced or screened. Mayor Wlndschitl stated that should be corrected
when the project Is done.
DIck Davis. 15944 Tulip - stated the opening of the exIsting pipe
flares out, and there Is a lot of garbage, etc. coming from that pipe.
Mayor Wlndschltl stated If there Is a lot of debrIs, It Is the CIty's
responsibIlity to clean It.
Board of Review/Special City CouncIl Meeting
Mal' 12. 1988 - Minutes
Page 7
(Public Hearing/Tulip Street/IP88-9, Continued)
Mer. Hertla - asked how much the pipe will deprecIate the value of
their yards. Mr. Schrantz stated the street should add more value to
his house and didn't thInk there would be any depreciatIon as a result
of the storm drainage pIpe.
Discussion continued on the residents' concerns over the storm
drainage pipe. Mr. Glen explained how It will layout, that typIcally
lot lines have utIlity easements along each side; and It Is usually
easier to extend the pIpe along lot lInes. Mr. Hertig noted the
drainage runs into his driveway now. Mr. Schrantz stated this proJect
would moved It to hIs back yard. Other alternative locatIons were
discussed.
Paul Houle. 15908 Tulip - stated his property Is completely open
with the exception of IlIac bushes five feet off the property line.
He thought there may be room between there and the edge of the
easement to get that pipe through. Mr. Cook explained 10 feet of
permanent easement Is needed.
It was agreed the Engineers wIll look at both options with the
property owners and make a detemlnatlon of the best locatIon for the
storm draInage.
MOTION by Knight, Seconded by Apel, to close the publIc portion of
the hearing. DISCUSSION: CouncIlman Orttel questioned the three-Inch
bItumInous mat with 6 to 8 inches ot gravel, thinking it was quite
excessive. Mr. Cook explained that Is the State standard for a 9-ton
road.
Mrs. Steffes - asked If there would be a weight restriction, as the
semi trucks come to theIr place In the spring to bring potatoes for
planting. Mayor Windschitl noted the entire road wI I] be a 9-ton
road.
Motion carried unanImously.
MOTION by Orttel, Seconded by Apel, directIng Staff to prepare a
Resolution ordering the Improvement of TulIp Street from 157th Avenue
to 161st Avenue. (See Resolution R080-88) MotIon carried
unanImously.
The Hearing was adJourned at 9:24 p.m.
PUBLIC HEARING/UNIVERSITY AVENUE/IP88-10
Pursuant to notice publIshed thereof, a PublIc HearIng on the proposed
Municipal State Aid street construction on UniversIty Avenue from
Andover Boulevard to 151st Avenue was cal]ed to order by Mayor
Wlndschitl.
Board of Review/Special CI ty Counc II Meeting
May 12, 1988 - Minutes
Page 8
(Public Hearlng,'Unlverslty Avenue/IP88-10 Continued)
Mayor Windschltl explained the CIty has reached an agreement with the
City of Ham Lake to construct UnIversity Avenue from Andover up to
Plnger's Addition with an eventual outlet to Crosstown Boulevard.
This portIon of the proJect is being done by the Andover engineers for
both cities. The intent Is to construct the road using MunicIpal State
AId funds; and on the Andover side, If al I needed rIght of way Is
donated, there would be no assessment to the residents. He did not
know Ham Lake's policy regarding assessments. Mr. Schrantz stated Ham
Lake will hold a hearing for their side In a few weeks.
Mr. Cook reviewed the proposed proJect, which Is estimated to cost
$344,250, spread between the two cities. He explained the road is
currently located on the Ham Lake side of the right of way In certain
segments. He reviewed the two options. One would be to construct the
road at its present location, which would require obtaining at least
10 feet of easements along the Ham Lake side. It would have the least
Impact on the residents. The other would be to offset It withIn the
easement by approximately 11 feet east of the centerline. That wou I d
mean the west curb would be about 20 feet west of where the edge of
the road currently is.
The Hearing was then open to public testimony.
Marv Baldridae. 14680 Universltv Extension - stated the second
option would mean the road would be very close to her house.
Renee Barrett. 14450 Unlvesritv - asked it the road would come In 20
feet toward their house. Mr. Cook stated no, the road is on line in
front of their house, but curves to the east In front of Ms.
Ba]drldge's lot, which Is the Jot which would be most affected.
Don Jacobson. 14826 Universitv - was confused by the location and
sIze of the stakes placed along the road. Mr. Cook stated using the
second option, the curb would be five feet west of the the centerlIne
stake, so they would be clearing an addItional 15 feet of trees to put
the road If that optIon were chosen. But no additional easement would
be needed.
Ms. Baldrldae - didn't want the road going through her house.
thinking the road was where it was supposed to be when she built along
that road. If those in Ham Lake refuse to donate the easement. does
the assessment rule apply to Andover residents. Mayor Wlndschltl
stated any acquIsItion costs would be split 50-50 between the two
cities.
RIchard McGlover - thought there wI I! be a problem with runnIng the
storm drainage to the low area on his property, thInking I twill not
hold additional runoff . He asked how many accesses wIll he get to his
fields. Mr. Schrantz stated as many as he wants.
Board of Review/Special City Council Meeting
May 12, 1988 - Minutes
Page 9
(PublIc Hearing/University Avenue/IP88-10 Continued)
Mr. Schrantz asked those residents of Ham Lake who were present
whether they had a problem donating 10 feet of easement to keep the
road In Its present I oca ti on . Severa] were hesitant. wanting to know
more about the affect to them.
Mrs. McGlover - asked what will happen to the large evergreens along
the road north of 150th. Mr. Cook explained the road wIll not go as
far as the evergreens at this time.
Mr. Jacobson - stated the two options makes a hugh difference as to
how it affects those on the west side. The gravel Is gone and the
road Is washboard. He didn't like the Idea ot havIng the road moved
closer to his house, but he would rather have the road In eIther case.
After some discussion, there was some concern on the part of the
Counc II that the proJect could be delayed if there were problems.
obtaining additional easement on the Ham Lake sl de for the' first
optl on. Therefore, It was generally agreed the second optIon of
stayIng wIthIn exIstIng right of way would be preferable.
Ken Maus - asked if the easement costs would be assessed to the
property owners. Mayor Wlndschltl explaIned if the road stays on the
exIsting easement, there would be no assessment on the Andover sIde.
Ms. Baldrldae - stated she paId for a road on the north sIde of her
house when 146th was done, but she accesses onto University Avenue.
She also asked If the hll] on 146th will be cut, noting the poor line
of sight there now. Mr. Cook explained it will be designed to meet
State standards. They wI I I look at that area and try to Improve It.
Ms. Barrett - stated it is not known when the road would be built if
it is not done now. Mayor Windschitl explained the llmi ted amount of
MSA funds and the requests from other areas. If this were not done
now, the funds would be used elsewhere and this area would again have
to walt unti I there is fundIng.
Counc 1 I asked that the road be clearly staked and trees marked for
cutting using the second optIon of staying within existing easement.
They also asked the Engineers to check with the Coon Creek Watershed
to be sure the culvert Is sized correctly.
MOTION by Knight, Seconded by Apel, to close the public portion of
the Public HearIng. DISCUSS ION:
M.. McG J over - asked abou t the drain off on 150th and whether It
wi I J be piped. Mr. Glen stated It will Just be discharging off the
edge of the street to where It goes now.
MotIon carried unanimously.
Board of RevIew/SpecIal City Council Meeting
Mal' 12. 1988 - Minutes
Page 10
(Public HearIng/UniversIty Avenue/IP88-10 ContInued)
MOTION by Orttel, Seconded by EllIng, that the CouncIl order the
Improvement of UnIversity Avenue from Andover Boulevard to 151st
Avenue as presented by the Engineers using the alignment stated as the
back of the curb to be a maxImum of 5 feet west of the section line.
(See Resolution R081-88) MotIon carrIed unanImously.
The HearIng closed at 9:55 p.m.
BUILDING PERMIT REPORT
Counc 1 I again expressed concern over the InterpretatIon ot needing
39,000 square feet above the hIgh mottled water lIne, thInkIng the
ordInance only states hIghest known water ]evel.
MOTION by Ape!, Seconded by Orttel, requesting staff to notify the
Counc i I of anybody denIed a buIldIng permit because of bulldablllty.
Motion carried unanImously.
MOTION by Elling, Seconded by Apel, to adJourn. Mot! on carr 1 ed
unanImously.
Meeting adJourned at 9:57 p.m.
RespectfullY submItted,
\~~~~L
Mar ]]a A. Peach
Recording Secretary