Posted: 6/9/04
By Danielle Strenke
Despite already approving a preliminary plat for the 32-unit Highland Villas housing development, the Harris City Council tabled approval of the final plat for the development last Thursday.
Council member Wayne Buisman led a discussion that became heated at times, arguing with developer Jerry Triden that the development would only become an added burden on the taxpayers of the city.
ìYou came in here a couple of months ago and implied it would be senior housing, I said thatís not the best thing in the world but it probably wouldnít have much of an impact on the taxpayers,î Buisman said.
ìThat was to get a foot in the door and then after you said you canít promise that. Now itís a free-for-all and this is going to have an adverse effect on the city.î
Council member Dan Walton disagreed. ìItís going to improve the value of the city, Iíll tell you right now weíre putting the brakes on growth and development in this city Wayne, you can only go so long before the town dries up.î
ìWeíre restricting people who have land and have paid their dues and want to retire and sell their property,î Walton said.
Buisman said he has reviewed studies from communities such as Lake Elmo and Farmington and elsewhere in the nation that show additional housing costs more than $1 for every tax dollar collected, while agricultural land costs less than $1 for every tax dollar collected.
ìWho are the geniuses that dreamt up this formula?î Walton asked.
ìWayne you just want to discriminate by age, people who are retired, youíre fine with,î Triden said. ìIf they have a child or theyíre single you donít want them in your community,î he said.
ìNo, senior citizens are not going to cost ñ these are averages ñ are not going to cost as much to the taxpayers,î Buisman said. ìIím looking out for the taxpayers.î
Triden said senior citizens can buy the units, but reminded Buisman that real estate is totally market-driven. ìYou know what itís called ñ itís called progress,î Triden said.
ìHow can a city or township go forth if you donít have new growth or development,î Walton said.
Audience members at the council meeting asked if they could be assured that the new development wouldnít raise their city taxes. Walton told them to have Buisman explain it to them. ìHeís got the formula right here, have him explain because Iím really confused,î he said.
ìWater is one thing, youíre going to have to pay more for water, but thereís other costs,î Buisman said.
Triden reminded the council that he will be paying about $7,000 per unit for SAC (sewer access charge) and WAC (water access charge).
Buisman said he would agree to approve the final plat if Triden would again commit to at least 80 percent of the development be senior housing.
ìWe had this discussion before. We met your engineering criteria, now weíre here for you to approve it,î Triden said.
ìYour engineer has approved it, weíre fine with the strong developerís agreement your attorney has drafted and thatís where weíve come in the last two years.î
Audience members said taxes are already disproportionately high in the city and do not want increased taxes because of the development.
City Attorney Kevin Shoeberg said final plat approval is simply to run through a checklist of items that the city required during the preliminary plat process and make sure they are completed.
Items required by the council during the preliminary plat process included in-floor heat and sprinkler systems in each unit. Shoeberg pointed out that all of those items have been included by the developer.
ìYouíre missing the point here, you have a zoning ordinance that allows it, you already approved it on preliminary plat,î Shoeberg said. ìThe fact of the matter is, they meet the criteria for final plat, you donít have much choice.
ìIf you donít do it, youíre going to end up in court and Wayne, you want to talk about tax dollars wasted, I can guarantee thatís the minimum thatís going to happen. The zoning ordinance specifically allows for this type of development. If you wanted to change it you should have changed it,î he said.
ìWhy is it a bad thing when a landowner decides to increase the value of it within your ordinances, why is that a bad thing?î Triden asked Buisman. ìIf youíre anti-people you shouldnít be living this close to a population center and thatís what it sounds like.î
ìMy people have lived here for 120 years,î Buisman said. ì140, 160 years. Theyíve lived in this area.î
City Engineer Chuck Schwartz said the development is one way to generate funds for the improvements that are being required by the MPCA for the cityís lagoon system. ìOtherwise youíre going to have to budget and figure out how to pay for this,î he said.
An audience member asked whether it was possible to require developers to fund an escrow account that would cover additional costs generated from the added burden on the cityís water and sewer systems.
ìThereís a $700,000 letter of credit on this,î Shoeberg said. ìAll of the costs on water, sewer, streets, lights, gets paid for 100 percent by the developer. Thatís 125 percent the cost of all those things ñ there will be no costs to any residents of Harris for that development.î
He explained that the state only allows a city to tax a certain amount, otherwise the city is at risk. ìWe have no authority to do that,î Shoeberg said.
Walton moved to approve the final plat, but the motion failed for a lack of second.
Shoeberg reminded the council that because the developer has met all the conditions for the final plat, law states that the final plat approval can be granted without any conditions past a 60-day deadline, regardless of a council vote.
ìIf you blow the deadline ñ guess what, you get the houses they proposed with no conditions,î Shoeberg said. ìThey donít have to put radiant heat in, they donít have to put sprinklers in, they donít have to do any of it. If you donít make a decision, this thing is going to go in without any requirements.î
ìYou put us into a corner, right?î Buisman said.
ìYou put yourself into a corner, Wayne, you voted,î Shoeberg said.
ìI didnít vote for this, whatever I voted for was senior housing,î Buisman said.
Shoeberg said that Buisman has the authority to move to deny the final plat.
After further discussion, council member Kathy Olson moved to table the item for discussion at a special meeting.
The motion was approved. Shoeberg said the council should set up the special meeting at a convenient time to ensure that all four council members and Mayor Richard Hanson will be in attendance; Mayor Hanson was absent from last Thursdayís meeting.
Shoeberg was instructed to check and see when the 60-day deadline is up and notify clerk Kim Hugger before a date is set for the special meeting, most likely sometime next week.
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