HomeMy WebLinkAboutSP July 17, 2001
" CITY of ANDOVER
, /
SPECIAL CLOSED CITY COUNCIL MEETING - JULY 17,2001
MINUTES
A Special Closed Meeting of the Andover City Council was called to order by Mayor Mike
Gamache on July 17,2001,10:08 p.m., at the Andover City Hall, 1685 Crosstown Boulevard
NW, Andover, Minnesota, to discuss potential litigation with Woodland Development and
Anoka County.
Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
Councilmembers absent: None
Also present: City Attorney William G. Hawkins
City Engineer, Scott Erickson
City Finance Director, Jim Dickinson
Community Development Director, Dave Carlberg
City Administrator, John Erar
"
" j PENDING LITIGATION - WOODLAND DEVELOPMENT
Mr. Erar highlighted the Report of Administrative Findings prepared in response to the concerns
raised by Woodland Development. The majority of the items raised by the developer are
unsubstantiated. With some minor exceptions, the Staff did faithfully, diligently and competently
carry out their duties in keeping with the Development Contract. Any errors will be corrected. He
recommended the City discontinue any further dialogue with Woodland Development over the items
raised in this review and that the City Attorney's office be designated as chief legal counsel and
spokesperson for the City.
Attorney Hawkins agreed with the findings. In his opinion, the accusations are not justified. He also
noted the results of the survey presented at the regular meeting this evening, which shows that
Andover's fees are in line with those in other communities.
Council generally supported the Administrative Findings and took no action this evening.
PENDING LITIGATION -ANOKA COUNTY
Mr. Dickinson explained a review of all TIF parcels was conducted which indicated that parcels
originally certified to the county were not part of TIF District 1-1. Those parcels were used to pledge
'- / increment for the retirement of debt. The parcels fall under the law that says the additional tax
Special Closed City Council Meeting
Minutes - July 17, 2001
Page 2
(Pending Liligation - Anoka County, Continued)
increment may not be taken from them ifthere is no activity on them for four years. Anoka County
asked the City in 1991 whether or not qualifying activity had taken place and whether various parcels
were to remain in the district. The City responded that all parcels should remain part of the district
and understood that they were included in the district. What was not know by the City is that some
parcels were removed from the district. The City also certified the parcels to the county through TIP
plan modifications in 1995 and again in 2000. Only recently did the City discover that some parcels
were removed from the district and never put back. The county has said they did not accept the TIF
plan modifications as valid certification to put the parcels back into the district
Mr. Dickinson stated the City's bond counsel has indicated the process to correct the problem will
require civil legal action against Anoka County. The District Court would be requested to issue an
Order Issuing Peremptory Writ of Mandamus. The assistant county attorney has indicated if civil
legal action were brought against them by the City, they would not fight the litigation to have the
requested parcels added back into the district. He explained Staff now has in place the filing of
certification with the county to prevent similar problems in the future. Andover is proceeding with
the litigation against Anoka County utilizing the City's bond counsel Briggs and Morgan.
The Council generally concurred.
Mayor Gamache closed the meeting at 10:27 p.m.
Respectfully submitted,
~~L
Recording Secretary