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.~~~ Center Oaks Development 13736 NE Johnson St., Ham Lake, MN 55304 fE~ :;;. 5 1991' February 21, 1997 City Council members and City Consultants c/o Ms. Ry-Chel City Clerk 1880 Main Street Centerville, MN 55038 HE: Hearinl! on proposed cbarl!es for utilitv benefit to Kenco\Center Oaks parcels Dear Ms. Ry-Chel: This letter serves to confirm our receipt of hearing notice and formal objection to any charges for sanitary sewer service. Within the mailing, no data regarding water line charges was included. As your consultants know, as shown on City comprehensive plans and as builts, sanitary already exists to serve both parcels via a manhole in Center Street. This access was created when the housing subdivision was built many years ago. We will vigorously protest that no additional benefit is provided by the new sewer line which previously did not exist. In addition, area charges are presumed to benefit a usable land area. As your recent FEMA map update indicates, several portions of ours and other parcels are within the 100 year t100d plain and portions are clearly going to be labeled wetland. Therefore, no benefit can be derived from area unusable for development purposes. This same logic ought to apply to the water area charges. The site must be developable to at least minimum reasonable zoning criteria to be charged for a benefit. Just as the Clearwater Meadows Outlot, and Sheehy sites are deleted from charges, so must the Kenco "A & B" sites. Weare suggesting that prior to any final proposed assessment, your consultant verify that the proposed henefited lands are usable for upland development, then verify whether the watershed will allow for water quality ponds within areas designated as wetlands or t100dplain prior to determining the final usable or developable area. Once the usable land is determined, then the project costs should be recalculated for each properties gain. Only at that time can a true feasible development cost be defended. As an example, the Kenco "B" parcel has a gross acreage of 1.7 Acres, but is probably only 50% buildable unless wetland fiJl and off site water quality ponding is created.