HomeMy WebLinkAboutSP September 8, 1988
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-~ CITY of ANDOVER
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Special city Council Meeting - September 8, 1988
Assessment Hearings
l. Call to Order
7:30 pm 2. Assessment Hearing/IP87-4jWoodridge Acres
3. Assessment Hearing/87-28/Creekside Estates
8:00 pm 4. Assessment Hearing/87-7/Shady Knoll
8:30 pm 5. Assessment Hearing/87-29/The Oaks
9:00 pm 6. Assessment Hearing/87-12jWobegon woods
7.
8. Adjournment
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CA
~ CITY of ANDOVER
:', 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304' (612) 755-5100
ASSESSMENT HEARINGS - SEPTEMBER 8. 1988
MINUTES
PULsuant to notice published theLeof, Assessment HeaLings weLe cal led
to ordeL by Acting MayoL Kenneth QLttel on September 8, 1988, 7:35
p.m. , at the AndoveL City Hal I, 1685 CLosstown BoulevaLd NW, Andover,
Minnesota.
Councilmen pLesent: Apel, El ling, Knight
(MayoL Wlndschitl was in the audience for the
first fOUL hearings but conducted the last one)
Councilmen absent: None
Also pLesent: TKDA EngineeLs John Davidson and John ROdebeLg;
CIty AdmlnlstLator, James Schrantz: and otheLs
ASSESSMENT HEARING/IP87-4/WQODRIDGE ACRES & IP87-28/CREEKSIDE ESTATES
M.. Rodeberg reviewed the street, san I taLI' seweL and wateL proJect In
Woodridge Acres, explaining the pLoJect was redesigned when CLeekslde
Estates became paLt of the proJect. When the feasibility study was
done fOL CLeekside, It was found that the assessment peL lot would be
about the same as the oLlglnal feasibility studY fOL Woodridge ACLes.
He Levlewed the final assessment compaLed to what was estimated in the
feasibiJity LepoLt, noting the flna] is slightly less.
The assessment peL lot in WoodLidge ACLes is $9,674.01 and $9,265.40
peL lot in CLeekLidge Estates because of a credit fOL not having
dLiveways. There were thLee lots on Crosstown Boulevard that did not
have stoLm seweL benefit with this pLoject. It is a 15-yeaL
assessment at 6.60 peLcent inteLest fOL Woodridge Acres and 7.35
peLcent fOL CLeekside Estate~ because I t Is on a diffeLent bond issue.
The City's shaLe of the tLunk cost is $6,528.
Testimony was then opened to the public.
Bethle GLel I. 14430 Quinn Drive - asked why dividing the project
cost of $181,333.80 by the 20 lots does not equal the $9,674.01 they
are being assessed. M.. RodebeLg deteLmined theLe are only 19 lots
being assessed, as ML. GengleL's lot is now a part of CLeekside
Estates.
Ms. Gre] I - stated no one in the nelghboLhood Lealized CLeekside
Estates would add that amount of cost to the pLoJect. Everyone
though t i t wou I d mean less because theLe are mOLe lots to divide the
costs up, and no one was notified about it. M.. Rodeberg explained the
project had to be Ledeslgned when Creekside Estates came In. which
kept the assessments fOL both Woodridge Acres and Creekside about the
same as oLiginally estimated. Because the amount told the Lesidents
at the public heaLing did not incLease, no one was notified. The
final cost is actual II' 10 peLcent less.
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Assessment HeaLings
September 8. 1988 - Minutes
Page 2
(IP87-4/WoodLidge ACLes & IP87-28/Creekside Estates, Continued)
Ms. Grel 1 - stated when WoodLidge ACLes was to be done, the Load was
to go to ELlckson's lot in the back. M.. Rodeberg explained it was
oLiginal II' to be a 24-foot LULal street with seweL and wateL. When
the addl tlonal lots were added for CLeekslde Estates, the Load had to
be a 32-foot urban street with a large cuI de sac plus the wateLmaln
and san I taLI' seweL. That, along with a change in the design of the
stoLm seweL, added to the cost of the pLoJect.
Ms. GLel1 - stated what was explained to them Is not what they got.
She asked what is going to be done about all the dead grass. M..
RodebeLg explained tnat Wade JOLdon and Sons did the sodding and
seeding on the pLoJect. The seeding has to be Ledone. and the
contractoL is coming out in two weeks. The contLact calls fOL the
contractoL to maintain the sod fOL 30 days, and he did fOL 50 days
because of the drought. AfteL that the Lesidents are to take caLe of
the boulevaLds. Some of the sod has died, noting the difficulty
encountered this yeaL because of the dLought; but they can't hold that
against the contLactoL because he fulfil led the teLms of the contLact.
But they have decided to dormancy, that is to Leseed oveL the sod Just
before the winteL to get it to come up in the spLing
Mrs. GLel1 - stated it was never explained to the residents that
they weLe supposed to take caLe of the City pLopeLty. She did, but it
was neveL told to heL that she was supposed to do It. She watered it
eveLY otheL day, having to now pal' for the wateL: and she stl 1 1 had
trouble keeping the sod to stay. She asked why sod wasn't put on Lot
2: it was seeded. M.. RodebeLg explained a smal I pOLtion of Lot 2
was sodded: but a larger aLea was distuLbed and there were a numbeL of
holes and a low dLalnage pLoblem: and they agLeed with the homeowner
to fix the area and seed it.
JerLv Wlndschltl - felt the point Laised about the restoratl on Is
val id. He felt it was the WOLSt sodding Job done in all the yeaLs he
has been In the City. TheLe aLe gaps in the sod, it Is dead: and it
is especially atLocious in The Oaks. M.. RodebeLg explained a good
pOLtlon of the pLoblem is NOLthwesteLn Bel I came in Light afteL the
sod was laid and did not adequately LestoLe it when they weLe
finished. He did have Mr. JOLdan back thLee times to tLY to
stLaighten things out, and they have agLeed to try to do things Light.
MavoL Windschitl - was appalled that the seeding done along
Crosstown BoulevaLd was done by a little hand spLeadeL. stating it is
wi thout a doubt the WOLSt Job he has eveL seen. M.. Rodeberg stated
BaLbeLosa was notified that the seeding Job was not acceptable and
they are coming back to Ledo ita 1 I. M.. Davidson explained the
inabi 1 i ty to get good sod because of the dLought caused a pOLtion of
the LestoLatlon pLoblems this yeaL. But if It Is Leseeded now, It
wi] I germinate befoLe winteL. That is why they aLe going to tLY
dOLmancy late this fal I wheLe it looks like the sod will take Loot.
At this point theLe aLe not a lot of alteLnatives.
Assessment HeaLings
SeptembeL 8, 1988 - Minutes
Page 3
(IP87-4/Woodridge Acres & IP87-28/CLeekside Estates, Continued)
Councilman Elling stated his company has done no seeding OL sdding on
any proJects this summer because of the weathe..
Ms. Gre] 1 - stated AmeLican had to Laise the hydLant In front of heL
yard and tore up her sod: so what she has watered all summer, they
have killed. She asked when Is that going to be replaced. M..
RodebeLg stated If they disturbed it, they have an obligation to
Leplace It.
Ms. Grell - stated they blacktopped oveL the wateL seLvice on the
drIveway at Stan Tolkka's. M.. Davdison stated the contLactoL wi I I
have to adJust that.
Ms. Grel 1 - asked about the dead tLees, understanding the ones that
weLe moved weLe guaranteed to gLOW or be Leplaced. M.. ROdebeLg
stated he would check the agLeement with the company that moved them,
but he doubted they weLe guaLanteed.
M.. RodebeLg also explained they aLe holding the final payment on the
PLOJ ect un ti 1 all these items aLe taken caLe of. And then theLe is a
one-yeaL waLLanty beyond that. Counc I 1 asked that the Engineers take
caLe of the matteLs Lalsed this evening.
MOTION by Ape I. Seconded by EI ling, a Resolution adopting the
Assessment Roll fOL the impLovement of sanitaLY sewer, stoLm seweL,
watermaln and stLeets with concLete curb and gutter for Improvement
PLoJect 87-4, WoodLldge ACLes, for ceLtiflcation, as pLesented. (See
Resolution R223-88) DISCUSS ION:
Mike Gautschi. 14419 Quinn Drive - LefeLred to Ms. Grell's oLiginal
question Legarding the amount of assessment. If the number of lots
was Leduced to 19 because of GengleL's pLoperty going into a sepaLate
proJect, he thought the $181,333.80 pLoJect costs should have gone
down fOL the 19 remaining paLcels. M.. RodebeLg said no, explaining
the total proJect cost was divided amount the 28 lots of WoodLldge
Acres and CLeekside Estates, as all the lots paid the same cost. The
$181,333.80 is the total of the assessments for the 19 lots In
WoodLidge ACLes.
Motion caLLied on a 4-Yes, I-No Vote (Windschitl) vote.
MOTION by Elling, Seconded by Knight, a Resolution adopting the
Assessmen t Ro I 1 fOL the impLovement of sanitaLY seweL, stoLm seweL,
wateLmain and stLeets with concLete cULb and gut teL fOL ImpLovement
PLoJect 87-28, CLeekside Estates, fOL ceLtificatlon, as presented.
(See Resolution R224-88) Motion caLLied on a 4-Yes, I-No Vote
(Wlndschltl) vote.
Assessment HeaLings
SeptembeL 8, 1988 - Minutes
Page 4
ASSESSMENT HEARING/IP87-7/SHADY KNOLL
M.. RodebeLg Leviewed the assessment fOL the Shady Knoll street, stoLm
seweL, sanitary seweL and water impLovement proJect. The costs fOL
the impLovements that border Kensington Estates wheLe shared, haJ f to
Kensington Estates and half to ShadY Knol I . The InteLnal lots were
assessed fOL streets; those along South Coon Creek DrIve were not
because i t is an MSA stLeet.
The total assessment fOL the internai lots is $11.537.05, and fOL the
Jots along South Coon CLeek DrIve, $7,174.54. The CIty's shaLe Is
$48.004 fOL the paLk, which Is the equivalent of four lots. The
increase in the assessment cost oveL the feasibility was baslcal II'
because of the paving of aJJ dLiveways to the pLopeLty line. They aLe
15-yeaL assessments at 6.6 peLcent inteLest.
The heaLing was then opened to public testimony.
RobeLt Otten. 14422 UplandeL - asked if the 6.6 peLcent inteLest
wi J I be the same throughtout the length of the bond. Counc i I noted
thLee-yeaL tempoLaLY bonds weLe sold fOL this pLoject to obtain such a
favoLable Late, explaining that geneLally by then the developeLs will
have soJd all theiL Jots and paid off theiL assessments. At the end
of that teLm, I f the bonds aLe not paid off, they couJd sell anotheL
tempoLaLY bond OL a permanent one to Lefinance that. In those
Instances. the interest Late may change.
ML. Otten - stated they have the same pLoblem with the sod as in the
previous pLoJect. M.. RodebeLg Lepeated the pLoblems, which weLe
identical to the WoodLidge ACLes.
Mr. Otten - alJeged the contLactor did not wateL the sod fOL 50 days
a long Up I ande.. He stated he constantly watered the sod but It died
anyway, as It Just peeJs Light out. He asked if it wi I] be guaLanteed
to be replaced. M.. Rodeberg stated it is not guaranteed undeL the
contLact. Because of the dLought, they wi II tLY dormant seeding late
in the fall befoLe I t snows.
Joe Kabacinsk - didn't think they, the resIdents, should be I iabJe
fOL it. He had good grass all the way to the end of the stLeet, but
now he has nothing. And it costs him double. ML. RodebeLg again
stated nothing can be done Light now, but they wi I] Leseed the area.
Councilman Knight stated he would not be in favoL of paying off the
contLact untl I all the wOLk Is satisfactoLily compJeted.
Jerrv WIndschitl - stated two diffeLent contLactoLs did the
LestoLation on Shady Knoll and along South Coon CLeek DLlve. and theLe
Is a wOLld of difference in the quality of the job. Houle completed
the work along South Coon CLeek Drive as paLt of the MSA pLoJect, and
Assessment HeaLings
SeptembeL 8. 1988 - Minutes
Page 5
(Assessment HeaLing/IP87-7/Shady Kno]l. Continued)
theLe is nice gLass along the boulevards. He said the oLiginal
quality of the grass along UplandeL was not adequate, stating the
Lesidents aLe getting stuck with POOL quaJity sod in all three aLeas,
The Oaks. ShadY Kno I I , and WoodLidge ACLes. But the worst was in
Shady Knoll, which was yellow when it was laid. M.. RodebeLg stated
theLe have been some pLoblems with Ray Jordan, but they intend to come
back again.
Mr. Otten - why is the City of AndoveL obligated to settle fOL the
kind of cULb they have to put up with and why can't they have the
normal city cULb like along South Coon CLeek Drive. He stated ML.
Kabacinski hits the cULb with the back end of the caL and digs into
the blacktop eveLY time he backs out of his dLiveway because the curb
has such a shaLp dip. M.. RodebeLg stated it is the standard
surmountable cULb per the specifications. South Coon CLeek DLive Is
an MSA street and has different specifications.
Mr. Otten - stated he had to put aiL shocks on his camper because of
that steep cULb, asking what can be done about it and what wllJ happen
If he cements I t in. He though t the pLoblem could be solved by adding
2 Inches of cement in the dip. Counc I I noted there has neveL been this
complaint on the sULmountabJe curb befoLe.
ML. Wlndschltl - stated this shoe fOL the cULb has been a pLoblem
for him as welJ. It was a new contLactoL with a new machine. stating
the shoe is teLLlble. The caL hits eveLytime one goes in and out of
the driveway. The bottom of the concave part Is too deep.
M.. Kabacinskl - stated he cannot back Into hIs dLlveway with his
van unless he does it at an angle.
Discussion with Lesidents and the Engineers was on the pLoblem and
possible solutions. The Counc i I though t if i t is a seLious pLoblem,
the contLactoL will have to COLLect it and also see that it doesn't
Impact the draInage. ML. RodebeLg was asked to look Into the matteL.
M.. Otten - stated there used to be a culveLt aCLOSS the road on his
lot. But how he has a dome-shaped thing that sticks out and that he
cannot mow. He must use a weed-eateL to maintain it. He asked why
that can't be flattened out. M.. Davidson stated this yaLd Is loweL
than the street, and It was Laised so it doesn't clog with gLaSS,
Jeaves, etc.
M.. Otten - stated he would keep it clean if he can get a fIat one.
He stated every time it rained he had to unplug It, aSking how often
the City cleans them. ML. SchLantz stated they aLe cleaned only once
a yeaL. The Engineers agLeed to look at it.
Assessment HeaLings
SeptembeL 8, 1988 - Minutes
Page 6
(Assessment Hearlng/IP87-7/Shady Knoll, ContInued)
Diana LizakowskI. 2343 South Coon CLeek Drive - stated theiL lot was
recently Lezoned Into two lots from one. Now they aLe being assessed
fOL two lots. M.. SchLantz explained this is the off icial appea I .
The lot has not been sp] It. only assessed fOL two units because i t is
possible to spIlt the lot in the futuLe, and it is onJy fair to
apPoLtlon the costs against al I the lots, including future ones.
One alteLnative Is to eitheL assess only one lot as long as it Lemalns
one lot and assess the otheL lot at the time i t is spl it, in which
case the City would carry that extLa unit. The otheL would be to
assess it but defeL the assessment until it is sp1 t.
Ms. Lizakowski - stated there is a second double garage in the back
that would have to go befoLe there would be enough room to put a house
on a pLoposed second Jot.
AfteL discussing it, the Counc i I agLeed with ML. RodebeLg's suggestion
to put two units on the assessment ro]] but to not ceLtify the second
unit to the county, but keep i t in-house and held in abeyance untIl
the lot is spJ It.
MOTION by Apel, Seconded by KnIght, a Resolution adopting the
Assessment Roll for the ImpLovement of sanltaLY sewer, storm seweL,
watermain and stLeets with concLete cULb and gutteL fOL Improvement
ProJect 87-7, Shady Kno I I , for ceLtification be approved with the
excep t I on that one unit of assessment fOL Daniel Llzakowski, PIN 27 32
24 32 0021, be not assessed until such time as the pLoperty Is
actually spll t fOL development. (See Resolution R225-88) Motion
caLrled on a 4-Yes, I-No Vote (Wlndschitl) vote.
ASSESSMENT HEARING/IP87-29/THE OAKS
M.. RodebeLg Levlewed the assessment Lol I, noting the final assessment
peL lot is $6,947.55, assessed oveL a 15-yeaL peLiod at 7.35 peLcent.
The same contLactoL did the wOLk, and the same pLoblems with LestoLa-
tion exist in thIs pLoject. They wi II be tLying to COLLect the
pLoblems, again noting it has been a horLendous yeaL for Lestoration.
Councilman Elling suggested at futuLe heaLings, the Lesidents should
be made awaLe of theiL responsibity fOL maintaining the boulevaLds.
JeLLY Wlndschitl - stated one lot sti ] 1 isn't fixed and needs coveL.
A lot of the pLoblems weLe fixed by the Lesidents themselves. M..
RodebeLg stated ML. JOLdan has said they will COLLect the situation.
TKDA has wLitten them and no final payment has been made.
MOTION by EI lIng, Seconded by KnIght, a ResolutIon adoptIng the
Assessment Rol I for the improvement of sanltaLY sewer, stoLm sewer,
watermain and streets with concLete cULb and gutter for ImpLovement
ProJect 87-29, the Oaks, fOL certification. (See Resolution R226-88)
Motion caLLied on a 4-Yes, I-No Vote (Wlndschltl) vote.
Assessment HeaLings
SeptembeL 8, 1988 - Minutes
Page 7
Counc i I Lecessed at 8:56; reconvened at 9:02
MayoL Windschitl chaired the LemaindeL of the meeting.
ASSESSMENT HEARING/IP87-12/WOBEGON WOODS
Glen Cook of BRA reviewed the assessment of Wobegon Woods. noting the
rate of $5,230 peL lot fOL each of the 18 lots.
Testimony was then opened to the public.
WIlliam BaLda. 17510 Heather - asked about the specifications In the
bIds regaLdlng landscaping. He presented a petition to the Councl] of
eveLyone in theiL subdivision of their dissatisfaction with the
restoLation pOLtion of the pLoJect, asking that the assessment be
postponed unt i I final appLoval is made on the restoLation OL that
thelL assessments be Leduced by the amount of the LestoLation pOLtion
of the bid.
M.. Cook noted FOLest Lake was the contLactoL, thinking Houle had the
landscaping contLact. Because of the dLough t , they have asked Houle
to do some topdLessing and reseeding, which has been agLeed to and
should be done within a few weeks. The contLact calls for the seed to
gLOW, and the contLactoL is expected to fix the aLeas so it wOLks. M..
Cook stated he talked with ML. BaLda, who feels a pOLtion of his yard
should be sodded. He has indicated that the area was not distuLbed
and it is not expected to be sodded. M.. Cook stated he was only
awaLe of the one PLoblem with ML. BaLda, as no one else has
complained.
M.. SchLantz also explained the contLact cal led for seeding, and sod
was to be used only for eLosion contLol. Now they do not want to
teaL It up because It is holding; but he agLeed it needs move
topdLesslng and reseeding. Councilman Knight also noted this Is the
fifth heaLing this evening, and everyone had the same pLoblem because
of the dLought.
Mr. BaLda - stated the contract calls for 4 inches of topsoi I. But
there Is a tLemendous Inequity as to what has been done on the lots.
He stated some of the Jots had nothing done to them. He noted the
Minnesota State LequlLements fOL LestoLation, stating they weLe not
followed in this proJect. Counc I I and engineeLs noted the
specifications aLe 3 inches of topsoil, which many times is confused
with black diLt. Topso I I is not black dirt. M.. Cook stated he
hasn't heaLd a complaint except on the shoulders wheLe theLe has been
some washing. The contLactoL wll I have to do additional wOLk there.
The assessment heaLing doesn't close the contLact, as it wi I I Lemaln
open un t I ¡ they have satisfied the residents.
Assessment HeaLings
SeptembeL 8, 1988 - Minutes
Page 8
(Assessment HeaLing/IP87-12/Wobegon Woods, Continued)
M.. BaLda - stated the maJoLity of the sodding died. A]so, the seed,
which was spLayed on mixed with water, is not growing along the Load
because of the Class 5 aggLegate and not enough topsoil. He stated it
seems unreasonable that people would maintain theiL own lawns and
unintentionally avoid wateLlng the bouevards. But overwhelmIngly what
was Installed Is not lIving. and the sod has large gaps and spaces
between It or has slId off the shou I der.
M.. Cook explained it was originally to be a gLavel shoulder: but they
decIded to seed up to the bitumInous mat, thinkIng that Is what most
people wanted and because they found it tends to hold the Load betteL.
The probJem is they must st ill put in the gLave I shouldeL fOL
stablll ty. They placed a little topsoil over the Class 5, but they
cannot put in thLee inches because of the bitminous mat and the need
fOL the gLavel base. They seeded it, and appaLently that is not
wOLking out veLY well. M.. Cook stated in this pLoJect theLe wasn't
much distuLbance beyond the edge of the Load except In a few aLeas
wheLe they had to adJust the al ignment. Only about 20 peLcent of the
proJect was distuLbed; the otheL 80 peLcent wasn't distuLbed veLY much
in the ditches.
MayoL Windschitl asked fOL the specific pLoblems on the pLoJect.
M.. BaLda - stated all the homeowneLs who signed the petition have a
pLoblem with It, that i t is a waste of taxpayeLS, monel'. Some peop]e
who Leceived sod had to Lemove it and Leseed at theiL own expense
because what was done was completely useless. He said theLe Is a huge
inequl ty in the quantity and quality of work done. M.. Cook stated
the only place he looked was ML. BaLda's because that was the only
pLoblem he was awaLe of. He said wheLe it was wateLed by the
Lesidents, it looks quite good.
M.. BaLda - stated he talked with Gary Houle himself, and ML. Houle
understood he was not required to do any further wOLk undeL the teLms
of the contLact. He agaIn stated that the Lesidents would not
intentionally avoid wateLing the sod on the boulevard. M.. BaLda said
last week he had another meetIng with the landscapeL; and whlle he
was standing theLe, a large tLuck dumped bJack dlLt on eIther side ot
his entLyway and nothing has been done with those piles since. Other
people Lecelved no black diLt and no seed. He aJleged it was a veLY
sloppy Job of seeding and not the way it should have been done. He
asked how much of the assessment is fOL landscaping, asking for a
financial bLeakdown of the Load pLoJect.
Mayor WindschitJ noted the EngineeLs wil I be able to provide a copy of
the proJect costs. Counc i I discussion aJso noted the cost of sodding
the boulevards in the LULal area is prohibitive, plus the Lesident can
usuallY do it at a 10weL cost.
Assessment HeaLings
September 8, 1988 - Minutes
Page 9
(Assessment HeaLing/IP87-12/Wobegon Woods, Continued)
Mr. Barda - stated an acceptable alteLnative would be to reduce the
assessment for the landscaping and no fULther wOLk be done. ML.
SchLantz felt the CIty has an oblIgatIon to fulfill the contract
according to the specifications and get the seed to gLOW.
M.. BaLda - suggested the Council and Engineers inspect the site to
determine what needs to be done. The sod is dead and the seed did not
gLOW. He also felt It was highly aLbitLaLY where sod OL seed was
placed, and it was not done according to the Jaws, again stating the
people would not intentional II' avoid wateLing theiL lawns to the
detLiment of their own property. Some people received 2 feet and
otheLs 17 feet of sod, and the maJoLity is dead. There are large gaps
in the sod and there is some eLosion that has taken place because no
steps weLe taken to pLevent it.
Counciiman OrtteJ felt an option would be to shave off the topsoi I and
leave the gLavel on the shouldeLs. ML. Schrantz again stated it was
only sodded wheLe it was felt it would be difficult fOL seed to gLOW.
He didn't think i t looked s]oppy when the job was fiLst done. It has
eroded some oveL the summer and needs some topsoil and mOLe seed. But
most of the aLeas have staballzed veLY we]]. Councilman OLttel
commented in a pLevious pLoJect, Houle did the best Job and heLe I t is
unsatisfactory. He thought I t was a I I weather related.
Jeff Martini. 17519 HeatheL - stated al I that is on his lot now aLe
weeds and stickeLs. He didn't notIce any topsoI I and didn't think
they dId a good Job with the topsoi J OL seed. He asked who is in
chaLge of maintaining the blacktop Loads. The Mayor answeLed It is
the City.
M.. MaLt I n I - stated there are a lot of cLacks over the culveLts
that go from side to sIde. He pointed out wheLe they are located.
Council then dILected the EngineeLs to see that those cLacks aLe
fixed.
Rooer BieLmale.. 3156 174th Lane - has one of the higher slopes down
to a ditch and an easement Luns to the middle of his pLopeLty. He
didn't know wheLe the fil I came fLom that was put on his pLopeLty,
but theLe were a Jot of wood and tLee pieces that he pulled out of it
since it was laid. Sod was laid In fLont of the house bu t theLe was
25 to 30 feet wheLe it was seeded. That is the aLea with contaminated
soil. MayoL Windschitl stated the contLactoL should be made to take
out the contaminated fiJ I.
Mr. BieLmaieL - asked if he is responsible fOL maintaining the
entiLe boulevaLd al I the way aLound. He has only a squaLe-off aLea of
his yard. M.. Schrantz explained people should mow to the blacktop if
they want to. He wouldn't be expected to mow the boue]vaLd where
theLe is no maintained yaLd.
Assessment HeaLings
SeptembeL 8, 1988 - Minutes
Page 10
(Assessment HeaLlng/IP87-12/Wobegon Woods, Continued)
MaL v Tromblev. 17462 Eidelwelss COULt - stated wheLe they laid sod,
there aLe gaps and stickeLs. She said they did take pLopeL caLe of
it; but where it was seeded along the boulevaLd, It looks I ike they
did nothing at al I. Councilman OLttel thought the gaps aLe wheLe it
dLied up. M.. SchLantz stated yeaLs ago they used to put topsoi I
between the gaps but have since found the Loots grow out and fil I in
the gaps. Councilman Elling thought the MN Dot standaLds call fOL the
sod to be butted up against each other.
Mr. BlermaleL - agreed that the topsoil that was put down has
sand burrs. and he didn/t have any stickers before the wOLk was done.
MOTION by Elling, Seconded by Apel, that we continue the assessment
heaLing fOL PLoJect 87-12 until the next regularly scheduled meeting.
DISCUSSION:
M.. BaLda - took exception to ML. SchLantz's statement about the
laying of sod, as the State requiLement Is to Jay it with edges
togetheL. He also noted sod was 1aid on some lots that aLe vacant;
other places had no sod at all. He didn't think theLe was any reason
to believe they have less eLosion than anyone else. He was told
nothing fULtheL was going to be done In LegaLd to sodding, having that
affirmation fLom Mr. Houle. M.. Barda stated he asked ML. SchLantz to
come out, who did not. M.. SchLantz stated he was unable to go at
that time but did go thLough the aLea since. He Lecommended going
ahead wi th the assessment, as they still have an obligation to
complete the PLOJ ect.
Discussion with Lesidents was on thelL suggestion to delay the
assessment until the wOLk Is done. Counc II noted the wOLk will
probably not be done until next spLing because of the weatheL. To
delay that long would be cost1y to the residents because of the capi-
talized interest, as the bonds have alLeady been sold for the proJect.
By not assessing this fall, It could not be ceLtlfled until the fall
of 1989; and they would be paying 16 yeaLs of InteLest instead of 15.
M.. BaLda - asked why a pOLtion of the assessment can't be paid off
Instead of eltheL the entire amount OL in annua1 payments. Counc i 1
explained al I of the Lules fOL special assessments aLe set up by the
State, though they though t It would be possible to pal' off a pOLtion
befoLe I t Is ceLtlfled at the county on OctobeL 10. Then onJy the
unpaid portion would be certified.
M.. BaLda - didn't want the same kind of work done the next time.
stating It would be a waste of time and money. Counc i I noted they
will Inspect the proJect before the next meetIng to determIne what
needs to be done, and the contractoL wll I be asked to complete those
Items. M.. Cook again stated he t01d ML. Barda that the contractor
wi II be back to topdLess and Leseed those areas. But they wi II not
put topsoil and sod on his yaLd.
Assessment Hearings
September 8, 1988 - Minutes
Page 11
(Assessment Hearing/IP87-12/Wobegon Woods, Continued)
A resident asked If there are other methods of dealing with
complaints, as only a few of them were able to attend this meeting.
Mayor Windschitl recommended sending a written request or to bring it
up at the next meeting.
Another resident was bothered by being assessed before It is finished.
Counc i 1 noted the final payment has not yet been made on this proJect.
and it Is not uncommon to assess prior to the completion of the
project to avoId the capItalized interest. The specific problems In
this proJect wll I be addressed.
Motion carried unanimously.
UNIVERSITY AVENUE PROJECT
Ron Ferris - was concerned about the drainage and that the original
plans are not being fol lowed. Ham Lake has not yet attained the
easements from the McGlovers, which is where the drainage was to go
across the street. There is a low area between his house and Stone's,
and the plans cal I for the drainage to come off the street and go to
the low area to McGlovers. But until the easements are attained, the
pipe has been capped, and he was concerned that the water has no place
to go except in that pond between him and Stone's. He was especially
concerned about Ice built up in the winte.. M.. Ferris then
summarized the reasons an agreement hasn't yet been reached between
Ham Lake and McGlovers.
M.. Cook then reviewed what has taken place to date. Though Mr.
Ferris's concern Is ] egi t imate, he didn/t expect it to be a serious
problem. The culvert was put in so if the pond gets a lot of water,
there is some control.
After discussing the situation, it was suggested either a cap or a
swale be put on both sides so all the runoff isn't on Mr. Ferris's
side. Also, Ham Lake should be contacted to ask them to attain that
easement as soon as possible.
M.. Ferris - said their water used to drain across the road into
McGlover's. But now the pond was excavated lower; and because of the
grading and plugging up McGlover's side, it will all drain to his
side. He felt the grading changed the water drainage from the west to
the east side of the road. M.. Cook stated he would look at that.
MOTION by Orttel, Seconded by Apel, to direct our City Administrator
to contact our City Attorney and have him contact the Ham Lake City ,
Attorney, wi th the assistance of representatives of Bonestroo,
Rosene, and Anderlik, to hasten the acquisition of easement necessary
for proper drainage on University Extension. Motion carried
unanimously.
Assessment Hearings
September 8. 1988 - Minutes
Page 12
TULIP STREET CONSTRUCTION
Mr. Cook explained they were meeting tonight with the residents
invo]ved regarding the drainage. He agreed the prob1em must be
resolved before it freezes. Councilman E] ling felt In the future, al1
residents should be invited to the public hearing, including those who
are not directly abutting the proJect but who wi] I be affected by the
drainage as we]].
MOTION by Knight. Seconded by EI ling, to adJourn. Motion carried
unanimously.
Meeting adJourned at 10:20 p.m.
Respectfu11y ~mitted.
~~: °A~;e::;-~<~
Recording Secretary