12/16/1996 Council Minutes - Laserfiche WebLink

Home Search

COUNCIL MINUTES DECEMBER 16, 1996 if this assessment is determined to be unlawful because of excessive costs, the City will have to return to the taxpayers and ask for the difference. According to Mr. Daubney, Mr. Scherier was consulted, and informed the City on numerous occasions that he should not be assessed so heavily; that the costs should be divided more equally with the landowner who will receive the most benefit from the improvements responsible for the "lion's share" of the cost. He reiterated that realigning the road is reasonable. Mr. Daubney stated that Mr. Scherier is expected to donate land for the right-of- way needed for the service road, and that he is unwilling to do so. He added that the City will be responsible for the cost of condemning and obtaining the right-of-way, and that it will not only have to pay for the square footage but will have to pay severance damage as well if a determination is made that property value is diminished by such action. Mr. Daubney claimed that the entire right-of-way for the new service road would be taken from Mr. Scherier, and that he is unwilling to make such a donation. Mr. Daubney added that the method of assessment (front footage basis) is the most inequitable method to use, and if the assessment is approved as proposed Mr. Scherier will file formal charges against the City. Mr. Scherier stated that he agreed to the overall concept of realignment of Otter Lake Road because the original proposal made no reference to access to Hwy. 14. The original proposal was quite attractive from his perspective. He stated that the cost of the service road was never discussed, and he complained that a County road is being relocated on a front footage cost basis estimated at $444 per lineal foot. Mr. Scherier was informed that there would be a forgiveness of 150 feet on his property that equals only 3% of the proposed total assessment. He stated that his assessment is proposed to be $128,481 for the realignment of Otter Lake Road along the east side of his property, with the assessment for the service road proposed at $253,600. The service road assessment includes purchase of the right-of-way from Mr. Scherier for approximately $1.00 per square foot, which would cost him a considerable portion of his property in order to pay for his costs. Mr. Scherier reiterated the main issue being access to Hwy. 14. He indicated that in previous conversations with Jon Olson of the Anoka County Highway Department, he was assured that there would be no access to Hwy. 14. It was Mr. Scherier's opinion that to realign the County road at the landowners' expense is not economically sound. Mr. Wessel indicated that this matter has been discussed for some time, and that he is aware of Mr. Scherier's concern about cost. He asked that the Chapter 429 process be clarified with Mr. Scherier. He stated that the access issue has not yet been resolved, and that the City needs to study it in more detail. Mr. Wessel stated that Staff has never suggested that Mr. Scherier donate the right-of-way. He also explained that certain assumptions regarding future development in the area dictated the location of the service road. He added that Otter Lake Road will not become a dead-end road; that it will function as it currently does until the service road is completed. Mr. Wessel expressed resentment toward Mr. Daubney's reference to the Economic Development Department making an agreement in favor of the developer of the Otter Lake Road/Main Street corner property. He said that the statement is simply untrue. Mr. Hawkins explained that the City is not accustomed to using State Statute 429 provisions with respect to improvement projects, and that they differ considerably from those outlined in the City Charter. The subject area was exempted from Charter regulation when the Charter was amended. Mr. Hawkins stated that customarily a public hearing is held and, upon its close, the City Council has six (6) months within which to decide whether or not a project 6