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HomeMy WebLinkAboutSP October 19, 1989 .~ CITY of ANDOVER Special City Council Meeting - October 19, 1989 7:30 P.M. Call to Order 1. Public Hearing/Crosstown Blvd. storm Drain/88-1 2. 3. Adjourn ~ CITY of ANDOVER Spec1al C1ty Counc11 Meet1ng-Uctooer i~, .L~ö~ A Special Meeting of the Andover city Council was called to order by Mayor Jim Elling at 7:30 P.M., Thursday, october 19, 1989 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andove r , MN. Counci1members Present: Knight, Jacobson, Orttel, Perry Counci1members Absent: None Also Present: Jim Schrantz, City Administrator; John Davidson and John Rodeberg, TKDA; others Crosstown Boulevard storm Drain Public Hearing/IP88-1; 87-3B John Davidson explained the process that would follow, including the assessment hearing that would follow this hearing. The final costs for the project are known and property owners proposed to be assessed can obtain their assessment amounts from Mr. Davidson. John Rodeberg noted that there are two projects involved in this hearing; one is the storm sewer from 139th to Coon Creek and the other is from South Coon Creek Drive and Crosstown Boulevard down to Coon Creek. The costs of the two projects are: IP87-3B - $114,000; IP88-1 - $72,000. Because a county road is involved, the county has a standard on how they pay their portion, which is twice the cost of the width of the right-of-way. They also pick up the cost of the catch basins and leads. The county share amounts to $98,000 and the City share is just under $20,000. The remainder of $68,520.62 is to be assessed. The individual assessments are based on $1,340 per acre. The city also had two areas where they picked up additional assessments; these were the 139th Avenue pond and an area that was previously assessed. That was an additional $4,800. Individual area assessments are as follows: Kensington Estates 1st Addition, $9,000; Kensington Estates 2nd Addition, $17,600; Kensington Estates 3rd Addition, $15,000; The Oaks, $4,600; Shady Knoll, $5,900; North Crosstown, $7,500; and South Crosstown $9,000. The northern portion was constructed in 1987 and 1988 and the southern portion was constructed in 1989. A member of the audience questioned why this wasn't assessed at that time. Mr. Rodeberg explained that the city did not have a policy at that time. It's been looked at by the Council several times since and a standard has been set up. He also noted that this assessment was first proposed in 1987. Jerry windschit1, 3640 -152nd Lane N.W. - asked if it is the intent of the Council to have the city attorney present this evening, noting that he questions whether or not a hearing can actually be held as the City Council cannot delay assessments for long periods of time and sustain the assessments. Mayor Elling noted that Mr. Hawkins felt we could hold this hearing. Special City Council Meeting October 19, 1989 - Minutes page 2 87-3B; 88-1, Cont. Mr. Windschitl noted that this issue has been in front of the Council for a long period of time. The June 2, 1989 minutes note that John Davidson said that if this project is going to be assessed, public hearings need to be held. He noted that there are not four members of the Council here who were in office when the project was constructed. This, Mr. Windschi tl felt means that this Council cannot hold the assessment hearing. Councilman Jacobson asked if a council ordered a project and there was a change in the council, does that mean that the new council cannot order an assessment? Mr. Windschitl stated that is correct. He noted that when Nightingale Street was done, the county would not pay for the whole project so the city absorbed that cost; on June 20th, the city chose not to assess $29,000 for University Avenue. other projects that were not assessed were Hidden Creek, Woodland creek and the Hills of Bunker Lake. He asked how the council could, in good conscience, assess them for something other people have been getting for free for years. He asked if the council is going to go back and assess other areas also. Mr. Windschi tl stated that if the Council orders this assessment, it will mean a lot of engineering and attorney fees for a lot of the residents. Mr. Rodeberg explained that Hidden creek, Woodland Creek and the Hills of Bunker Lake are served by their own storm sewer systems, which were paid for directly by the developers. In the case of this project, the county and city are picking up 70% of the costs. Mr. Windschitl stated that if this was a pending assessment, there would be no problem. There was a hearing on this previously and the people were told that they were not going to be assessed. Larry aaker, 14400 Raven Street N.W. stated that when they purchased their home, all of the improvements were in; they were never informed of this project. He asked if this is fair. Joe Jansen moved into his home four weeks ago and this is the first time he has heard of this assessment. Sue Youngmark noted that they assumed that all of their assessments were paid by the developer, feeling that it is not fair to do this now. Karen Arnold felt that they are being asked to pay for a past mistake by the council and it's not fair. Ron Grets, 14386 Raven Street N.W. noted that his builder told him that all of the assessments are in and paid. Special City Council Meeting October 19, 1989- Minutes Page 3 A resident in Kensington Estates 2nd Addition asked why the people up the street from him are not being assessed. Mr. Rodeberg noted that those areas do not drain into this storm sewer system. Mr. Wegner, 14159 Crosstown Boulevard, stated that this is the first he has heard about the assessment and asked if there have been other public notices regarding it. Councilman Orttel stated that this was discussed about a month ago at a council meeting. Jim Schrantz noted that this has not been a secret; it's been discussed at about the last 10 meetings. Larry Baker explained that his company moved 18 families into Minnesota and 13 of those families moved to Andover. He asked what he is going to tell those people. Mayor Elling noted that this is the only unassessed project in the city. Karen Arnold felt that this should have been done two years ago. Councilman Orttel stated that he assumed that the county was going to pay for the project and if he had known there would be assessments, he would not have voted for the project to be done. He also thought that the assessments are between the developer and the city and the current owners should not have to pay them. Councilmember Perry asked if it could be determined what the cost was for oversizing the pipe and that being charged to the developer. Councilman Jacobson noted that we cannot do that. Since the developer is not the current owner, the only thing that the city can do is charge the current owner and they would have to go back to the developer. Councilman Knight asked that a legal opinion be asked for on this item. Karen Arnold stated that it would not be in the best interest of the city to send out assessment notices. She plans to live in the City of Andover for a long time and told the council that they are not going to get away with this. MOTION by Jacobson, seconded by Perry to close the public hearing. Motion carried unanimously. MOTION by Jacobson, seconded by Perry adopting a resolution declaring cost and directing preparation of assessment roll for the improvement of storm drainage for Project No. 87-3B and 88-1 with the exception of changes in #4. (See Resolution 178-89). Discussion: Mr. windschitl noted that the city's engineers did a study to see what it would cost the county to handle their own storm water; that was about $93,000. Since the county won't pay, you're saying that the residents should pay for it. Vote on Motion: Yes - Jacobson, perry, Knight, Elling; No - Orttel. Special City Council Meeting October 19, 1989 - Minutes page 4 MOTION by Jacobson to authorize an assessment hearing for November 28, 1989. Between now and that date, the city attorney be instructed to investigate the development contract and render a legal decision. Karen Arnold asked if they should come to the assessment hearing and asked what the point of the hearing is. John Davidson explained that if they are going to appeal the assessment, they have to do it at the time of the hearing or before. Jacobson withdrew his motion. MOTION by Jacobson, seconded by Perry ordering the assessment roll for the November 7th Meeting. Motion carried on a 4 yes, 1 no (Ortte1) vote. MOTION by Jacobson, seconded by Perry to direct the city attorney to check the development contract and render his legal decision on whether the city can take all the assessments in Kensington Estates and send them to the developer who owned the lots when the project was started in 1987. Motion carried unanimously. Mr. Windschitl asked if the Council is going to schedule hearings on all similar projects and assess them also. Mr. Ortte1 stated there has never been a project like this before and he would be interested in seeing which projects Mr. Windschitl is referring to. Purchase of State Aid Computer Councilman Jacobson reported that in talking with the State Aid people he found that the computer comes to a little over $8,100 and the city share would be $3,278. Councilman Orttel asked if the public works department would be able to use the computer. Mr. Jacobson replied that they would. MOTION by orttel, seconded by Jacobson to authorize the purchase of a computer with costs to be shared by the state. Sixty percent of the cost would come from the state aid reimbursement and forty percent for the hardware and software from the city's sewer and water enterprise funds and that the unit would be installed where it would be freely available to the engineering department and public works department. Motion carried unanimously. MOTION by orttel to adjourn. Motion carried unanimously. Meeting adjourned at 9:20 P.M. Ref'pectf~lY submitted, ¡LL- ~ Vicki Volk City Clerk