HomeMy WebLinkAbout11.16.99 Special Council Packet
SPECIAL CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
NOVEMBER 16, 1999 - 7:00 PM
TENTATIVE AGENDA
1. CALL TO ORDER
2. ADOPT AGENDA
3. OPEN CONTINUED PUBLIC HEARING
4. CONSIDER COUNTY ROAD 31 SPECIAL
ASSESSMENT OBJECTIONS
5. CLOSE CONTINUED PUBLIC HEARING
6. ADOPT SPECIAL ASSESSMENTS
7. ADJOURN
Audience Notes: This Continued Public Hearing is being held to consider special assessment objections
that were originally raised at the October 18, 1999 Special Assessment Public Hearing. Property owners
will be provided with an opportunity to provide written information in support of their objections.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
TO:
FROM:
Mayor, Councilmembers, City Administrato~
Robin Roland, Finance Director
SUBJECT:
County Road 31 Assessment Objections
DATE:
November 16, 1999
INTRODUCTION
At the October 18, 1999 Special Assessment Public Hearing, thirty-nine property owners raised objections
to the CSAH 31 assessment. Those objections are to be heard by the City Council at this meeting.
DISCUSSION
The objections to the assessment fell into six different categories and property owners have been grouped
by the type of objection expressed.
Attached with this memo are responses to each type of objection. Each response lists the property owners
affected, property identification number and map location, the objection and staffs response to the
objection. Also attached are copies of appraisal opinions by Mr. Harvey Snyder, regarding the appraised
value of the benefit conferred upon subject properties in the project improvement area.
Certified letters were mailed to the property owners notifying them of the date and time of this meeting and
indicating that they would be asked to present evidence to support their objections.
BUDGET IMPACT
The special assessments to be collected will be used to make the debt payments on the Improvement
Bonds of 1998, which the City issued to pay for the improvements to County Road 31.
ACTION REQUIRED
1) Council consideration of property owner objections.
2) Adoption of special assessments not sustained by property owner objections, and as originally
presented in the October 18, 1999 special assessment roll.
3) Determine further action to be taken on special assessment objections accepted by Council.
The City Attorney will be in attendance at this meeting.
~;PJ
Finance Director
Attachments
COUNTY ROAD 31 ASSESSMENT OBJECTIONS
PROPERTY OWNERS
18-N Russell Bolleson 14.77501.190.01 1-N Nancy Paulos 14.50501.090.02
19-N Judy Bryant 14.75601.020.03 27-N Anthony Pena 14.58652.080.02
30-N David Buntjer 14.33100.020.01 6-N Jeff Pilla 14.75601.010.03
20-N Kenneth Chinn 14.25600.050.06 11-N William & Kristen Prins 14.19501.100.08
4-N Roger Foote 14.33104.080.02 28-N Dennis & Rose Schendel 14.19506.070.06
21-N Paul & Lori Fox 14.50501.010.01 29-N Thor & Gina Seufer 14.11152.070.01
22-N Ellana Garthune 14.77503.100.02 12-N Paul & Kristen Sevigny 14.68251.050.02
7-N Wendy Gross 14.19851.040.01 13-N Ed Stober 14.50502.020.02
24-N Patrick Hansen 14.19501.160.06 14-N Amy Sue Timgren 14.58652.110.04
8-N Trent Hodgkins 14.77502.020.01 15-N Richard & Heidi Voland 14.19507.270.05
9-N Jean Hovanec 14.19851.010.01 2-N Andrew & Nicole Weesner 14.58652.130.01
25-N Brian & Shan Pals 14.77501.110.05 6-N Robert & Kimberly Zwart 14.19507.250.05
26-N Lorelei Ecklund 14.19508.020.01
PROPERTY OWNER OBJECTION:
Method of assessment is unfair; or no reason given for objection.
CITY RESPONSE TO PROPERTY OWNER OBJECTION:
The City of Farmington chose an area assessment method of determining benefit
for the CSAH 31 project. This means that each property in the project area was
determined to specifically benefit from the reconstruction of the road.
By "benefit", the value of the properties within the project area could be shown to
have an appraised increase by a specific dollar amount. The City obtained an
independent appraisal to meet the proof of "benefit" to each property as required under
Minnesota State Statute 429.
Under the City of Farmington's Special Assessment Policy, an individual property
may be assessed for up to the amount of the appraisal but not in excess of that
appraisal amount. The assessment of $392.56 per household equivalent in the area
north of 195th Street is within the Special Assessment Policy parameters.
COUNTY ROAD 31 ASSESSMENT OBJECTIONS
PROPERTY OWNERS
Kevin & Michele Mills
Beverly Woolford
PID #14.19507.140.03
PID #14.25600.180.04
Assessment paid
Awaiting deferral request
PROPERTY OWNER OBJECTION:
Assessment is a financial hardship to property owner.
CITY RESPONSE TO PROPERTY OWNER OBJECTION:
Property owners have been advised of the City's hardship deferral policy.
One property owner has paid the assessment in full subsequent to the objection.
If remaining property owner wishes to apply for deferral, the request will be
submitted at the November 16th hearing.
COUNTY ROAD 31 ASSESSMENT OBJECTIONS
PROPERTY OWNERS
12-5 Harvey & Iris Briesacher PID #14.02500.010.30
13-5 Daniel & Theresa McCarthy PID #14.02500.010.28
14-5 Steven & Nancy Wilson PID #14.02500.010.29
PROPERTY OWNER OBJECTION:
Single household on acreage.
CITY RESPONSE TO PROPERTY OWNER OBJECTION:
Under the City's approach, these three pro~erties will be assessed for one
household equivalent ($1,000.38 for South of 195 h Street properties) regardless
of acreage. The balance of the assessment amount in each case will be
deferred until the parcels are split, developed or sold for development. As long
as the property remains a single residence on acreage, no further assessment
will occur.
COUNTY ROAD 31 ASSESSMENT OBJECTIONS
PROPERTY OWNERS
2-S Wally Berglund PID #14.03600.015.29
1-S Jeff Thelen, Thelen Cabinet Company PID #14.25850.020.02
16-N Michael & Elaine McNamara PID #14.02400.013.50
17-N Gerald Stelzel PID #14.01300.010.01
PROPERTY OWNER OBJECTION:
Specific objections regarding access to the road (CSAH 31).
CITY RESPONSE TO PROPERTY OWNER OBJECTION:
Direct access to CSAH 31 is not a requirement in determining project
benefit. CSAH 31 serves as a primary north-south transportation corridor, and as
such, benefit is conferred to those properties in the project area. Independent
appraisals validate that properties need not abut nor have direct access to the
road and in all cases, with respect to properties south of 195th Street, the
appraised value of the benefit exceeds project assessments.
COUNTY ROAD 31 ASSESSMENT OBJECTIONS
PROPERTY OWNERS
4-5 Hanke & Paulson Enterprises PID #14.25850.030.02
3a-5 Seed Trust (Astra Genstar) PID #14.16500.021.00
3b-5 Seed Trust (Astra Genstar) PID #14.16500.030.00
3a-5 Seed Trust (Astra Genstar) PID #14.16500.021.00
PROPERTY OWNER OBJECTION:
Road improvement is of no benefit to property.
CITY RESPONSE TO PROPERTY OWNER OBJECTION:
In order for development to occur on the Seed properties, transportation
access to County Road 31 will be necessary. The assessments for these
properties will be deferred until development occurs.
The Hanke & Paulson parcel, in the Industrial Park, currently has access
to Pilot Knob Road via County Road 50. Within the next five years, Pilot Knob
Road will be directly accessible on 208th Street, which is planned to be
constructed as part of the Industrial Park Phase IV. Independent appraisal
indicates that benefit to all Industrial Park parcels exceeds the $2,801 per acre
assessment amount.
Direct access to CSAH 31 is not a requirement in determining project
benefit. CSAH 31 serves as a primary north-south transportation corridor, and as
such, benefit is conferred to those properties in the project area. Independent
appraisals validate that properties need not abut nor have direct access to the
road and in all cases, with respect to properties south of 195th Street, the
appraised value of the benefit exceeds project assessments.
COUNTY ROAD 31 ASSESSMENT OBJECTIONS
PROPERTY OWNERS
5-5 John Devney PID #14.02500.010.57 Green Acres
6-S John Devney PID #14.02600.010.90 Ag Preserve
7-S John Devney PID #14.03500.010.01 Ag Preserve
8-S John Devney PID #14.03500.011.13 Ag Preserve
9-S Lawrence Wenzel PID #14.02400.013.60 Agricultural
10-S Lawrence Wenzel PID #14.02500.011.31 Agricultural
11-S Helen Huber Estate PID #14.02600.011.85 Agricultural
PROPERTY OWNER OBJECTION:
Properties are currently undeveloped and do not benefit from the roadway
improvement. Properties are Agricultural, Green Acres or Ag Preserve.
CITY RESPONSE TO PROPERTY OWNER OBJECTION:
The City is not allowed under State Statute to levy special assessments
against Ag Preserve properties and will not do so in this case. At the time the
property comes out of Ag Preserve and is developed, the City reserves the right
to specially assess subject property for road improvement costs.
Green Acres parcels and other undeveloped parcels will have their
assessments deferred until development of those parcels occurs. Interest will
accrue during the deferment period pursuant to Council direction, and consistent
with State Statute.
PRECISION APPRAISALS
& Home Inspections, Inc.
a Div. of Access Information Systems, Inc
~.
October 18, 1999
Mr. Lee Mann
City of Farmington
325 Oak Street
Farmington, MN. 55024
RE: Reconstruction Project of CSAH 31/Pilot Knob
Dear Mr. Mann,
As you requested in 1997 and our recent discussions', I have completed an analysis to determine
the effect of this project upon the properties along County Road 31 from 195th street north to the
farmington, Lakeville City limits. The project area is defined as 1/2 mile to the west and up to
one mile east of CSAH 31 (Pilot Knob Road).
This analysis is not considered a valuation of each of the properties involved but we are
considering the effect upon the fee simple interest.
The purpose of this analysis is to estimate the effect upon the value of these properties before the
reconstruction project and after the completion.
Information used in this analysis was received from the City of Farmington, Dakota County and
the Multiple Listing Services of Minnesota.
Our research indicated several sales of property from within the project area before the project
began in 1997. The average sales price during this time was $147,412.00. Similar research for
sales of properties in the same area during 1999 indicated an average sale price of $168,781.00.
This represents an increase in value of 14%. The consumer price index for this period of time
indicates a 3.4% rise making the value increase 10.6% or $15,625.67 for the average property
based upon its 1997 average value. On several occasions during the past several years we have
researched the value increased expected from improvements to properties based upon different
improvements. We have concluded that a road renewal or reconstruction generally has a 5%
positive effect upon individual properties. In this case the value increase to individual properties
should be about $780.00. This is a estimate made on a general and overall basis. Individual
properties could vary.
121O/JE5T96TH5TREET. BLOOf'lINGTON. f'lN 551../31
PH: C612J BBB-BB5 FX: C6121 BBB-5562
This report is intended for use only by the client and not to be used by any other user. The
conclusion of value for the subject may not be understood with out additional information as set
forth in the appraisers work file.
I certify that, to the best of my knowledge and belief, the statements of fact contained in
this report are true and correct. The reported analyses, opinions, and conclusions are
limited only by the reported assumptions and limiting conditions, and are my personal,
impartial and unbiased professional analyses, opinions and conclusions. I have no present
or prospective interest in the property that is the subject ofthis report, and no personal
interest with respect to the parties involved. I have no bias with respectto the property tl1at
is the subject of this report or to the parties involved with this ass.gnment. My engagement
in this assignment was not contingent upon developing or reporting predetermined results.
My compensation for completing this assignment is not contingent upon the development
or reporting of a predetermined value or direction in value that favors the cause of the
client, the amount of the value opinion, the attainment of a stipulated result, or the
occurrence of a subsequent event directly related to the intended use of this appraisal. My
analyses, opinions, and conclusions were developed, and this report has been prepared, in
conformity with the Uniform Standards of Professional Appraisal Practice. I have made a
personal inspection of the property that is the subject of the report. No one provided
significant professional assistance to the person signing this report.
If you have questions please give me a call or drop me a note. Thanks for the opportunity to
work on this project.
!r~
Vice President
PRECISION RPPRRISRLS & HOI'lE INSPECTIONS. INC.
..'
PRECISION APPRAISALS
& Home Inspections, Inc.
a Div. of Access Information Systems, Inc
November 3,1999
Mr. Lee Mann
City of Farmington
325 Oak Street
Farmington, MN. 55024
RE: Reconstruction of Project CSAH 31 / Pilot Knob
Dear Mr. Mann:
This will serve to supplement our letter of October 18, 1999. This analysis will apply to the
properties generally located South of 195th Street. There is one 40 acre parcel north of 195th
Street in section 13, east of Dakota County Estates. The project area is defined as 1/2 mile to the
west and up to one mile east of CSAH 31 / Pilot Knob Road.
The work completed is not a valuation of each of the properties, but an analysis to estimate the
effect upon the value of the properties before the construction of the roadway and after its
completion. Attached to this letter is the names and property lOts of the parcels.
Information used in this analysis was received from the City of Farmington, Dakota County and
the Regional Multiple Listing Service of Minnesota.
Our Study of the affected properties indicated substantial acreage which is zoned medium and
low density residential as well as business and industrial. There is also a number of acres in the
Flood plain.
The construction of CSAH 31 provides an access to some land which has none or very limited
access. Other properties will have additional access or more flexibility for customers to reach
them or delivery of their products.
Raw land sales for developement in this market area range from $15,000 to $20,000 per acre.
1270 IJE5 T 96 TH 5TREET. 8LOOfllNG TON. fiN 55Lf31
PH: [6121888-8135 FX: [6121 888-5562
Currently the sale of single family residential lots in the area near 195th street are averaging near
$40,000 for a single family platted lot. Using this as a guide, together with average improvement
costs, the net to land usually is 45% to 50% of the sale price and would be $18,800.00 using
47%. Normally a plat can average about 2.8 lots per acre.
Conclusion: 2.8 X $18,800 = $52,640 per acre developed
On the basis of the above, it is our feeling that the benefit to the properties affected will exceed
the assessment.
The above analysis is on a average basis and individual properties could vary according to their
circumstances. I understand that there will be no assessments, to the flood plain / wetland
property, as identified by the City of Farmington.
This report is intended for use only by the client and not to be used by any other user. The
conclusion of value for the subject may not be understood with out additional information asset
forth in the appraisers work file.
I certify that, to the best of my knowledge and belief, the statements of fact contained in
this report are true and correct. The reported analyses, opinions, and conclusions are
limited only by the reported assumptions and limiting conditions, and are my personal,
impartial and unbiased professional analyses, opinions and conclusions. I have no present
or prospective interest in the property that is the subject of this report, and no personal
interest with respect to the parties involved. I have no bias with respect to the property that
is the subject of this report or to the parties involved with this assignment. My engagement
in this assignment was not contingent upon developing or reporting predetermined results.
My compensation for completing this assignment is not contingent upon the development
or reporting of a predetermined value or direction in value that favors the cause of the
client, the amount of the value opinion, the attainment of a stipulated result, or the
occurrence of a subsequent event directly related to the intended use of this appraisal. My
analyses, opinions, and conclusions were developed, and this report has been prepared, in
conformity with the Uniform Standards of Professional Appraisal Practice. I have made a
personal inspection of the property that is the subject ofthe report. No one provided
significant professional assistance to the person signing this report.
If you have questions please give me a call or drop me a note. Thanks for the opportunity to
work on this project.
~i~ 21~
vey F.~der
ice President
PRECISION RPPRRISRLS & HOI'lE INSPECTIONS, INC
FIRST NAME
ADDRESS
PID
14-03100-010-C
PRECISION APPRAISALS
& Home Inspections, Inc.
a Div. of Access Information Systems, Inc
November 3, 1998
Mr. Lee Mann
City of Farmington
325 Oak Street
Farmington, Mn. 55024
Re: CSAH 31 / Pilot Knob Project
Dear Mr. Mann:
As you requested, an inspection was completed on all the single family
homes North of 195th Street which had been listed as having made
objections at the public hearing, This was done on October 30, 1999 and
photos of each home were taken. Also, a small memo was completed on
each property and its proximity to CASH 31. For your file I am enclosing a
photo taken of the houses and the vacant pad on English Street which fronts
Pilot Knob. The individual comments are in my file and are available upon
request.
My overall conclusion is that none of the objectors should have a valid
reason to contest the assessment.
If you have further questions or need other work completed please let me
know,
SincereJ 7f~
!!l F, nyder
Vice President
1270 /JES T 96 TH STREET. BLOOflINGTON. fiN 55431
PH: [612] BB8-8135 FX: [612] 888-5562
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November 12,1999
Mr. John Erar
City Hall
325 Oak St.
Farmington, Mn. 55024
Dear Mr. Erar,
This letter is to withdraw our objection to the CSAH 31 assessment
for our commercial lot.
Very truly yours,
~=:~
~c1,~
Edward A. panyk
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
November 15, 1999
Steve Juetten
Genstar Land Company Midwest
11000 West 78th Street, Suite 201
Eden Prairie, MN 55344
Re: PIN 14.16500.030.00, 14.16500.021.00,14.16500.021.00
Dear Steve:
The City of Farmington is in receipt of your fax regarding the withdrawal of objection to assessments
from the CSAH 31 project. I would like to clarify the City's position.
With regard to paragraph 1 of the withdrawal letter, the sentence reading "... based on the
understanding that the City will allow the southwestem most parcel of property to be subdivided from
the main parcel and granted the Ag-Preserve status"; rather the City will consider Ag Preserve Status
for the southwestem parcel as described, in conjunction with State Statute and City policy.
The City recognizes that a lot split of this property and the subsequent submittal of an Ag Preserve
application will require additional time beyond the November 16th hearing. It would be staffs
recommendation that the City Council continue the assessment hearing on the entire PIN
14.16500.021.00, until such time as the decisions on the lot split and Ag Preserve designation are
made.
Properties in Ag Preserve are not subject to special assessments under State Statute. Therefore, if this
subdivided parcel is assigned the Ag Preserve designation, the portion of the assessment assigned
that parcel would not apply - not merely be deferred. The balance of the existing parcel would have
the assessment deferred until development occurs, which is the City's policy on all undeveloped
parcels in this project assessment area. The other two parcels identified by the November 8th letter
would also have their assessments deferred until development occurs.
Please notify me if this clarification of the conditions of withdrawal of objection is indeed your
understanding of the situation.
Sincerely,
4:.~p
Finance Director
The Astra Ventures, Incorporated
~\.,
The
Astra
Ventures
James M. Seed
President
One Citizens Plaza #910
Providence, Rhode Island 02903
Phone: (401) 331-6652
Fax: (401) 751-4575
e-mail: JMSeed@msn.com
November 8, 1999
City or Fannington
Attention: John F. Erar, City Adminis1rator
325 Oak: Street
Farmington, Minnesota 55024
Re: Notice of Objection on Proposed Assessments for lmpmvement Project No. 95-12
for CSAH 31 Reconstruction and Realignment for PIN 141650003000. PIND
141650002000 and PTN 141650002000.
Dear Mr. Erar:
On October 8, 1999 we submitted an objection to the above proposed assessments. Since
that time we have had additional discussions with you and youT stair and have decided to
withdraw our objection to the proposed assessments. This withdrawal is based on the
understanding that the City will allow the southwestern most patcc1 of property to be
subdivided from the main parcel and granted. the Ag-Preserve status.
During your meeting on October 27, 1999 with Peter Gualtieri and Steve Juetten, the
issuc surfaced regarding the possibilities oftrcating our southwestern most parcel of
property similar to the property directly to the south (the property to the south currently
has the Ag-Prcserve designation). Since that meeting, Robin Roland has indicated that
the City would entertain an application for the Ag-Preservc designation on our
sO'u.thwestem property and would defer the assessments on this property until
development. This decision is conditioned on Astra Genstar Partnership, L.L.P.
submitting a plamring application to subdivide the property and an application for the Ag-
Preserve status.
Thank yOll for your continued cooperation and willingness to meet with Peter and Steve.
Please contact them at 612-942-7844 if you have any questions.
Sincerely,
. . 'it
J}-q-qC)
Oea.( Sir.
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City of Farmington
325 Oak Street, farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
October 29, 1999
14.77502.020.01
TRENT HODGKINS
19264 EVENSTON DR
FARMINGTON, MN 55024
Dear Property Owner:
The City of Farmington City Council will hold a meeting on Tuesday November 16, 1999 to hear
objections to the assessments for the County Road 31 project. The hearing will take place at
7:00 PM at City Hall.
At the hearing, residents who submitted objections to the CSAH 31 assessment at the Public
Hearing on October 18, 1999 will be required to present information supporting their objection.
After hearing all evidence, the City Council will determine which objections will stand and which
will not be accepted.
Should the Council decide not to accept your objection, you will have 30 days from the November
16th date to pay your assessment to the City without interest. After 30 days, the assessment will
be certified to your property taxes, with interest, for the 15-year assessment period.
Or, you may appeal your assessment to the District court by serving notice of appeal upon the
Mayor or City Clerk of the City of Farmington within the same 30 day period, and serving notice
with the District court within 10 days of service upon the Mayor or Clerk.
Prior to the November 16, 1999 meeting, City staff is available to discuss your objection and
provide more information regarding project costs and assessment methods. You may contact me
at 463-1880 during business hours to schedule a meeting.
Should you choose to withdraw your objection, you may do so in writing to John Erar, City
Administrator/Clerk, c/o City Hall, 325 Oak Street, Farmington, MN 55024.
;;2~J
Robin Roland
Finance Director