2.5 Utility bill appeal, Statewide Auto ,. .
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CITYOF
‘ CHANHASSEN
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690 COULTER DRIVE • • P.O. BOX 147 • • CHANHASSEN, MINNESOTA 55317
�r '' (612) 937 -1900 • FAX (612) 937 -5739
MEMORA P UM
1 TO: Mayor and City Council
1 FROM: Don Ashworth, City Manager j f? F- L
DATE: November 19, 1992
I SUBJ: Utility Bill Appeal, Statewide Auto Salvage, LaVerne Vassar
1 Background
It is my belief that the surface water utility ordinance will be found to be one of the most
I environmentally responsible ordinances enacted by our city. The billing system provides the
dollars necessary to ensure that the projects outlined through the plan objective process do
I become reality.
The program's objectives are quite admirable and defensible, however, the actual administration
I of the ordinance is difficult as you begin to apply it to individual parcels. With the diversity of
parcels within our community, i.e. the number of parcels having wetlands, existing ponding areas,
steep slopes, or being land uses which by and of themselves could be considered as
I environmentally protective -- nurseries, tree farms, golf courses, etc. I attribute the fact that we
never have an appeal to the excellent work of our planning and engineering departments.
Specifically, Dave Hempel has responded to each individual's concern and, through a
I combination of appealing to their common sense as well as attempting to understand their
positions, has virtually resolved every initial complaint (see attached letter which includes a
typical overview of the program while concluding with the specific findings regarding that
I particular concern). Although listening to each party's concern, our engineering/planning
departments, and more particularly Dave Hempel, have assured that the ordinance has been
evenly applied and has not permitted any "special favors."
I Current Request
I Mr. Vassar, owner of Statewide Auto Salvage off of Highway 212 in southern Chanhassen (see
attached aerial photo), is requesting that the City Council lower or delete him from the surface
water utility billing system. Attached are two previous letters from Dave Hempel to Mr. Vassar.
I I find it almost ironic that Mr. Vassar may be objecting that his rate is too high when we have
already given him the benefit of the doubt of moving from general business district to
industrial/office. By putting Mr. Vassar into the industrial /office category, we are saying that his
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Mayor and City Council
November 19, 1992
Page 2
runoff would meet the lower standards of other typical users in this category such as St. Hubert's
' Cemetery, Rosemount, United Mailing, Victory Envelope - -all of whom have significant
wetlands /ponding areas on their property. If Mr. Vassar's contention is that he does not benefit
from the program, I would also find this position to be ironic. Although we have not specifically
' identified a clean up program for his property, you can be assured that such will occur within
the next twenty years. I would hope that the number of local dollars spent in actually cleaning
up that site will be minor. However, if past clean up projects are any indication, typically the
city does become involved. Denial of Mr. Vassar's request is recommended.
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C ITYOF
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. .4' I
vv. CHANHASSEN 1
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 1
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March 12, 1992 /.����
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Mr. Daniel J. Herbst, President
Pemtom Company 1
Westwood Professional Building
14180 Highway 5
Eden Prairie, Mn 55344
RE: Surface Water Utility Bills for Outlots A & B, Crimson Bay 1
Account Nos. 3- 905920 and 3- 905910
PW207B II
Dear Mr. Herbst:
Thank you for your letter dated March 10, 1992 requesting the City 1
delete the surface water utility fees currently being charged to
f Outlots A and B, Crimson Bay Addition. The City's Surface Water
$t s / Management utility is a service charge based on a property's 1
contribution of water to a drainage system, i.e. drainage ditches,
retention ponds and storm sewers. The utility is based on the
premise "users pay". The user fee is- like sanitary sewer and water 1
C, utilities operated by the City. The user fee is structured on land
use. For example, commercial property generates more runoff;
/^` therefore, these properties are charged a higher rate accordingly.
The fees charged in association with this program are not related 1
to whether or not a property drains into a storm sewer. The fees
generated from this program are used to support a three -part
program. The first part is related to the City's wetland 1
protection efforts. We are looking to modernize our wetland
protection efforts to preserve these important environmental
1 features. Second, the City is trying to develop a comprehensive 1
storm sewer management plan. The third part is a water quality
( _.-_- improvement program for the City's lakes and streams.
According to the City's aerial topography maps and the plat map of
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Crimson Bay, it appears Outlot A is a wetland and therefore is not
buildable. City of Chanhassen Ordinance No. 132 exempts lakes and
road right -of -ways from surface management fees. The City has
classified Outlot A as a portion of Lake Minnewashta wetlands; II
therefore, the City will delete the surface water utility fee
charged against this parcel.
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. CITOF
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
May 21, 1991
Mr. L. M. Vassar
c%o Statewide Auto Salvage
285 Flying Cloud Drive
Shakopee, MN 55379
Re: Surface Water Utility Bill
PW 207b
Dear Mr. Vassar:
Recently you received a utility bill for the surface water management program
that the City implemented in October of 1990. This charge is being assessed to
every parcel of land in the city to address issues concerning storm water
management, wetland protection and water quality improvements.
As with any new program there are occasionally errors found in the system.
Unfortunately, one such error was made on the calculation of your user fee. The
user fee is calculated based on the amount of run -off generated from the
property. As with industrial or cammercial type properties more storm run -off
is generated ca pared to residential due to the amount of hard surface coverage
i.e. parking lots and rooftops. Therefore, these types of properties pay a
higher portion of the bill.
Please find enclosed a revised utility bill reflecting the accurate amount due
based on the amount of run-off generated fran your parcel of land. I apologize
for any inconvenience this may have caused you. Feel free to contact me if you
have any questions.
Sincerely,
X -11;Cl avid CHANHA SSEN
. Hempel
Sr. Engineering Technician
DCH:lap
c: Paul Krauss, Planning Director
Charles Folch, Acting City Engineer
Kari O'Konek, Account Clerk
City Council Admin. Packet
Enclosure: Utility Bill
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City Council Meeting - October 26, 1992
3. Submittal of the $150.00 license fee.
All voted in favor and the motion carried.
CERTIFICATE OF DELINQUENT UTILITY ACCOUNTS.
Public Present:
Name Address
Laverne Vassar 285 Flying Cloud Drive
Don Ashworth: Similar to previous years we are presenting to you the delinquent
sewer and water accounts to enforce for this year. State law allows a city to
make a certification of those delinquent accounts to the County Auditor for
certification with property taxes payable in...1993. We are recommending that
the Council approve the attached listing. I'm not quite sure why we have such a
high delinquency. There is a very high penalty associated with non- payment in
addition to the certification fee. Yet the list continues to be two pages long.
Three pages long.
Mayor Chmiel: What can we do to circumvent some of what we're seeing here? Are
there things such as shut offs after a 6 month period? So this could be
avoided, and I'm not saying that this should be done. I just, I get a little
concerned. Total amount of dollars that we have here and there are some
residential units that are $1,000.00. Some commercial $2,000.00. And it gets
very upsetting when you have an amount of $33,833.00 that has not come in. And
the City is having to do this. Of course we're getting a fee back from that. 1
$7,390.00 but I don't know what's happening with this. I don't know if people
are making sure that if this goes to the County that it goes on record and it
comes under statements. They use this for the IRS or what. That's just my own
opinion. No one elses but I get a little disturbed to see the numbers that we
have. Is there something that we should look at or maybe bring up for
discussion to determine how we can address this at a later time?
Don Ashworth: Staff can bring it back. I had talked with Jerry Boucher in some
of the previous years. Some of the problems that we've run into include, in
fact some of the people on here have sanitary sewer service but do not have
public water so you've got nothing to shut off. Some of the services actually
run through multiple buildings and so you may be turning off the water on an
owner who actually is paying trying to get to another owner that isn't. I think
probably the most difficult is that water shut offs sit in the frontyard
typically 6 -12 inches below the surface. We try to keep it as close as possible
but that is a piping system because the valve is way down below and so if at any
time during construction, if that was hit, it almost becomes impossible to catch
that shut off. If you do, if it hasn't been turned on or off for 7, 8, 10, 15
years, there's a good chance it will break or you're not going to be able to
open it. In most instances, if there's a problem we'll come into your house.
We'll shut the water off inside of the house rather than at the curb. I can
bring it back at a future date but it's not an item that's easily solve and as
you notice, you do have a 33% fee against these right now. They're paying 33%
on their money. I don't know why they would do that.
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City Council Meeting - October 26, 1992
Mayor Chmiel: It's rather difficult to understand but, is there anyone wishing
to address this at this time? This is a public hearing.
' Laverne Vassar: My name is Laverne Vassar and I don't have any public utilities
from you people that you're sending me a bill for it. That's what I'd like to
know about. -
' Don Ashworth: Mr. Vassar must be either in the rural area and is receiving a
water surface useage charge. I'm assuming you have a farm property or iarger
acreage, a hobby farm?
Laverne Vassar: No. I'm on the south side of Highway 212. And your water
useage charge, storm water useage charge which you're trying to save, is not
e even controlled by you people. It's controlled by the Minnesota Lower Watershed
District.
Mayor Chmiel: Where are you located exactly Mr. Vassar?
Laverne Vassar: I'm right on the southeast corner of the city there is. Almost
across the street from Moon Valley there.
Mayor Chmiel: Okay.
' Laverne Vassar: And I've checked all the way up and down what you people are
charging for that storm water all the way from Gedney's all the way up there and
you have no rhyme or reason how you're even trying to charge for that and you're
not performing something and you can never perform something for •e in the
' future.
Don Ashworth: There is rhyme and reason. I mean there is a definite formula
that the Council had looked at and set. Have you reviewed this particular
parcel? Have you brought your concern in before?
Laverne Vassar: well I got a bill originally for $3.22 and then I got a revised
bill later on. You can see what it is today.
Don Ashworth: Okay. And did you protest the revised bill? I'm assuming it's
' much higher.
Laverne Vassar: No I haven't.
Don Ashworth: Okay. I would suggest, you've given a 30 day period of time to
pay before the certification occurs. I would suggest that, and I'm sorry, did
' you say Vassar?
Laverne Vassar: That's correct.
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Mayor Chmiel: Yeah, Laverne.
Don Ashworth: I'll have Dave Hempel attempt to contact you. Dave is the one
who has cooked at the charges associated with all of the rural properties and if
satisfaction is not received, we will invite Mr. Vassar to come back to the next
agenda or to put his concerns in writing.
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City Council Meeting - October 26, 1992 11
Mayor Chmiel: I see where yours is *786.45 and with the 33% brings it to 1
$157.29 for a total of $943.74.
Laverne Vassar: I've got more than that even. On the bills that what you've
sent me.
Mayor Chmiel: Yeah. Okay. I think as Don has indicated, we'll have Dave
Hempel contact you and talk to you and see what is happening. I can't judge it
right now either so I don't have any idea, but I'd like to find out what it is
and if there's something that's wrong there, we make those corrections. But if
it isn't, it might have to stand as is. But I'd like to find out more about it
and then we'd like to probably have you back here in 2 weeks if a satisfactory
condition has not been met.
Laverne Vassar: Will that be a Monday night also? 1
Mayor Chmiel: It will also be Monday night.
Laverne Vassar: Thank you.
Mayor Chmiel: Thank you. Are there any other discussions? This is a public
hearing as I've indicated. If seeing none, I request we close the public
hearing.
Councilman Mason moved, Councilwoman Disler seconded to close the public 1
hearing. All voted in favor and the motion carried. The public hearing was
closed.
Mayor Chmiel: Can I also have the approval for the certification of sewer and
water bills to the County?
Councilman Wing: I just wanted to ask Don. From experience, are the majority
of these hardship Don?
Don Ashworth: I'm sorry.
Councilman Wing: Just from experience, have you found that the majority of this
list are hardship situations?
Don Ashworth: That has never been brought to my attention and most of the names
on here that I know, there should not be any form of a hardship. 1
Mayor Chmiel: Not even the Carver County Auditor.
Resolution *92 -121: Councilman Mason moved, Councilwoman Disler seconded to 1
approve the Certification of Sewer/Water bills to the County. All voted in
favor and the motion carried.
(Councilman Workman arrived at this point in the meeting.)
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CITYOF
4 1. CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Action by City Administtetdr,
En dorse uk
Noditk
MEMORANDUM Rejected
Date
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TO: Don Ashworth, City Manager Date Submitted to Co mission
FROM: Betty Eiden, Account Clerk Data E,= - tttel to Cauncit
DATE: October 22, 1992 iv'2 b•71G
SUBJ: Certification of Sewer /Water Bills to County
Attached is a list of delinquent sewer and water bills for the 1991/1992
billing year, as of the opening of sail on October 22, 1992. Any
subsequent payments I receive will be`aiipplied to these amounts.
A public hearing is set for the :October 26, 1992 City Council meeting.
All notices have been sent outatnd I have not received any responses
stating that the property owners want to. "protest" their bill. I will
need the City Council action approving certification of the delinquent
utility bills, plus a certification fee, to the homeowner's property
taxes before I am able to send this list to the County Auditor.
Should you have any questions regarding this, please see ae.
Attachment: Certification Listing
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1111 . I
DELINQUENT UTILITY ACCOUNTS
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NAME ADDRESS PARCEL ACCOUNT 8 AMOUNT FEE TOTAL LEGAL DESCRIPTION
GERRY WENKUS 3531 MAPLEWOOD CIRCLE 25- 4500050 3- 200244 513.85 102.77 616.62 15,81 MAPLEWOOD
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JAMES E MARKHAM 6520 KIRKWOiD I.K :E 25- 4810230 3-300172 666.01 133.20 799.21 126,81 MINNEWASHTA CREEK 2ND
I MICHAEL MARCY 6631 PIPEW00D CURVE 25- 6170040 3- 300400 845.96 169.19 1,015.15 12,82 PLEASANT ACRES 2ND
GARY R WIGHT 4010 GLENDALE DRIVE 25- 6150610 3-300414 564.77 112.95 677.72 14,85 PLEASANT ACRES I
LARRY H WENZEL. 6880 NINNEWASHTA PKWY 25- 0060200 3-300640 345.60 69.12 414.72 10.5 AC SECT 6 TWP 116 ANS 23
JEFFREY LARSON 6920 MINNEWASHTA PKWY 25- 0052000 3- 300646 319.15 63.83 382.98 '18.06 AC SECT 5 TNP 115 RN6 23
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ARLENE HERNDON 3750 RED CEDAR POINT RD 25- 6600210 3- 300714 412,46 82.49 494.95 114 -17,82 RED CEDAR POINT
GEOFFREY SCHIEFELBEIN 3920 HAWTHORNE CIRCLE 25-3800040 3-300966 610.75 122.15 732.90 14,91 KELLYNNE
BRYAN PIKE 7411 MINNEWASHTA PKWY 25- 0083100 3- 300972 898.15 179.63 1,077.78 .66 AC SECT 8 TNP 116 RN6 23
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BRUCE CARLSON 1840 WOOD DUCK LANE 25- 6040100 3- 400382 200.41 40.08 240.49 L1,82 PHEASANT HILL 2ND
KENNETH DEFOREST 8430 EGRET COURT 25- 4060060 3-502080 344.97 68.99 413.96 16,91 LAKE SUSAN HILLS WEST
CHARLES i VIRGINIA GROSS 2730 CHES -MAR FARM ROAD 25- 2060010 3- 901490 31.11 20.00 51.11 11,111 CHES MAR FARM 2ND
LEVERN M VASSAR 285 FLYING CLOUD DRIVE 25- 0363000 3- 901850 186.45 157.29 943.74 4.8 9C tN cm 36 TWP 16 RN6 23 '
JOSEPH NOTERMANN 780 FLYING CLOUD DRIVE 25- 0351300 3- 901890 262.43 52.49 314.92 2.55 AC IN SECT 35 TNP I6 RN6 2� 3�'�
4 LELAND F GOHLIKE 1350 FLYING CLOUD DRIVE 25- 0350100 3-901910 31.11 20.00 51.11 20 AC IN SECT 35 TWP 116 RN6 23
DAN ACKERMAN 9441 GREAT PLAINS BLVD 25-0251200 3- 902300 31.11 20.00 51.11 1.46 AC IN SECT 25 TWP 116 RN6 23
CHARLES NARKERT 7461 HAZELTINE BLVD 25- 0090310 3- 902510 31.11 20.00 51.11 6.078 AC IN SECT 9 TWP 116 RN6 23 I
F P PRENDERGAST 10360 HEIDI LANE 25- 3320140 3- 902540 31.11 20.00 51.11 114,81 THE HESSE FARM 2ND
ill ROBERT $OLD 730 PIONEER TRAIL 25- 0253700 3- 903570 31.11 20.00 51.11 2.35 AC IN SECT 25 TNP 116 RN6 23
STEVEN FINK 1915 STOUGHTON AVE 25- 0030500 3-903780 31.11 20.00 51.11 1.45 AC IN SECT 3 TWP 115 RNS 23
GEORGE NELSON i ASSOC 9351 FOXFORD ROAD 25- 4110060 3- 904380 31.11 20.00 51.11 11,82 LAKE RILEY WOODS 2ND
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GEORGE NELSON i ASSOC 521 PINEVIEW COURT 25- 4120010 3- 904430 31.11 20.00 51.11 11,81 LAKE RILEY WOODS 3RD
4 GEORGE NELSON 1 ASSOC 9391 FOXFORD ROAD 25- 4080220 3- 904560 31,11 20.00 51.11 12,83 LAKE RILEY MOODS
6EORSE NELSON i ASSOC 9371 FOIFORD ROAD 25-4080210 3- 904570 31.11 20.00 51.11 11,83 LAKE RILEY NOOD5
LRW HOMEOWNERS ASSOC LRW OUTLOT B 25-4080360 3-905820 31.11 20.00 51.11 LAKE RILEY WOODS OUTLOT B
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JOHN PHILLIPS ETAL PID: 25-1220050 25- 1220050 3-905990 31.11 20.00 51.11 BLUFF CRK NILANDS 2 OUTLOT A
JOHN P SAVPRYN ESTATE PID: 25- 0090300 25- 0090300 3- 908150 31.11 20.00 51.11 23.09 AC IN SECT 9 TNP 116 RNS 23
JOHN P SA VARYN ESTATE P1D: 25-0091700 25- 0091700 • 3- 908160 31.11 20.00 51.11 32.25 AC IN SECT 9 TWP 116 RNS 23
RICHARD OWENS PID: 25- 0340200 25- 0340200 3- 908990 31.11 20.00 51.11 1.1 AC IN SECT 34 TIP 116 RNS 23
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LEONARD 1 LUCILLE SIMONS PID: 25- 0350300 25- 0350300 3- 909020 31.11 20.00 51.11 10.00 AC IN SECT 35 TWP 116 RN6 23
JOHN A PETERS P10: 25- 0500160 25-0500160 3-909100 31.11 20,00 51.11 1445, 92 CITY LOTS
CARVER COUNTY AUDITOR PID: 25- 2000960 25-2000960 3- 909180 31.11 20.00 51.11 OUTLOT A, CHAPARRAL
JOHN PRiYMUS'J P 3 LINKS 7750 6ALPIN BLVD 25- 0101800 3-909300 31.11 20.00 51.11 18.1 AC IN SECT 10 TIP 116 RN6 23
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JOSEPH J SMITH PID: 25- 6880030 25- 6880030 3- 909530 31.11 20.00 51.11 RLS 683 TRACT C
4 JEROME KOENKE P1D: 25- 0360100 25- 0360100 3- 909760 31.11 20.00 51.11 5.7 AC IN SECT 36 UP 116 RNS 23
BOECK- KEVITT PARTN PID: 25- 1620240 25- 1620240 3-910050 31.11 20.00 51.11 CARVER BEACH ESTATES OUTLOT B
BOECK- KEVITT PARTNERSHIP PID: 25-1620250 25- 1620250 3- 910060 31.11 20.00 51.11 CARVER BEACH ESTATES OUTLOT C
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TRACY i HOLLI OLENE PID: 25- 0360710 25- 0360710 3- 910230 31.11 20.00 51.11 .94 AC IN SECT 36 TWP 116 RNS 23
I TRACY OIL CO PID: 25- 0360500 25- 0360500 3- 910660 30.25 20.00 50.25 2.30 AC IN GOV'T LOT 3 SECT 36 TIP 116 RN6 23
TOTAL 33,883.83 7,390.28 41,301.54
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