HomeMy WebLinkAboutSP February 12, 1987
--
CITY of ANDOVER
SPECIAL CITY COUNCIL MEETING-FEBRUARY 12, 1987 - AGENDA
7:30 P.M. l. Call to order
2 . Continued Public Hearing/87-3/
"Jater Trunk & Sanitary Sewer Trunk
Andover's Southeast Area
3 . School Site/Utilities
4 . Enterprise Budget/Water and Sanitary Sewer
5 . Computer
6 .
7 . Adjournment
CITY of ANDOVER
SPECIAL CITY COUNCIL MEETING - FEBRUARY 12. 1987
MINUTES
A Special Meeting of the Andover City Council was called to order by
Mayor Jerry Windschltl on February 12, 1987, 7:30 p.m.. at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover. Minnesota.
Councilmen present: Ell ing, Knight, Lachlnski, Orttel
Councilmen absent: None
Also present: TKDA Engineers, John Davidson and John Rodeberg:
City Engineering Technician, Todd Haas; Ci ty
Administrator/Engineer, James Schrantz; and
others
CONTINUED PUBLIC HEARING/87-3/WATER TRUNK & SANITARY SEWER TRUNK FOR
ANDOVER'S SOUTHEAST AREA
Mr. Davidson reviewed the revised map of the southeastern area showing
the staged development for the sanitary sewer service area based on
comments from the original publ ic hearing. The dates for providing
the service are divided into five periods: 1987 - 1990; 1988 - 1990;
1 990 - 1995; 1995 - 2000; and 2000 and beyond.
Mr. Davidson stated they have met with the staff of the Metropolitan
Counc i I and Metropolitan Waste Control Commission, who have generally
concurred with the procedure the city Is taking. It wi I I be encumbent
upon the City to show that the development rate will coincide wi th the
time frames.
Mr. Davidson also reviewed the proposed change In alignment of the
sanitary sewer trunk line from Its present location in the area of
140th and Crosstown Boulevard to continue along Crosstown to Just
north of the creek instead of goIng straight north along the section
line to the west of the Shady Kno I I Addi t! on. He also explained the
alignment for sewer and water along Bunker Lake Boulevard and
providing the County shops with services.
F I na I I y , Mr. Davidson explained the 1987-1990 area would be levied an
assessment only for the sewer trunk line if this project is ordered.
Any internal services would be considered at separate hearings. They
are proposing the project be divided into three portions: 1) the
area along Bunker Lake Boulevard for sanitary sewer and watermaln to
the County shops and extent ion along Hanson Boulevard; 2) the deeper
sewer construction along Crosstown Boulevard, working wIth the County
for the upgrading of Crosstown Boulevard from 139th to the creek; and
3) the construction of the sewer line along the creek.
Mayor Wlndschitl noted the Council has just received a petition from
Woodridge Acres for sewer and water. If it Is declared adequate, a
public hearing would be held to consider the Internal lines for that
area.
· -,
Special City Council Meeting
February 12, 1987 - Minutes
Page 2
(Continued Public Hearing/87-3)
Mayo. Windschitl noted a lette. f.om Kenny and Ma.yAnn Slyzuk
.equesting their p.operty off Nightengale and east of City Hall, which
Is in Ag Prese.ve, be placed In the 2000+ time frame. Council agreed
to place that a.ea, plus the small lot off Nightengale which Is
sur.ounded by the Slyzuk property, In the 2000+ time f.ame.
Mayor Windschltl noted a letter from Allen & Renee Chapman, 14212
Prairie Road, .equesting to be placed in the 2000+ time f.ame.
Council agreed to place that property in the 2000+ time frame, noting
that Is consistent with his .equest at the p.evlous meeting.
DiscussIon was on the petition received from several along 140th Lane,
Prairie Road, and Bunker Lake Boulevard, to be placed in the 2000+
time frame. The concern was that there is an advantage of having a
fire hydrant on Prairie Road, which would provide a water source and
would help with the fire rating for Insurance purposes. Mr. Davidson
also felt there should be some continuity within the boundary; and by
putting 140th In the 2000+ time frame, i t is severing the eastern
portion of the MUSA boundary. He suggested the Council could consider
dealing with the lots on 140th individually such as g.anting
deferments, abatements, or continuations.
Council took no action to change the time frame from the 1990-2000
time frame shown fo. that area along 140th Lane.
Testimony was then opened to the public.
Jonathan Keller. 14386 Quinn Drive - has sold his home and wIll be
closing the end of this month. Will he be cha.ged any assessments?
Mr. Schrantz explained If the project is orde.ed tonight, he would
have a pending assessment for sewer trunk area, which Is $821 per
acre, because he Is within the 1987-1990 time f.ame.
Don Emmerich. 2439 South Coon Creek Drive - has polled the neighbors
in his area, and they all feel they have no need for the sewer at this
time. He requested they be excepted from consideration until after
2000+.
After discussing It with the property owners, it was agreed to change
the time frame for the seven lots on both sides of South Coon Creek
Drive west of the section line of Shady Knoll to the 2000+ time frame.
The resident on South Coon Creek Drive in the western co.ner of Shady
Knoll Just east of section line also asked to be exempted. Council
agreed to leave that parcel In the 1987-1990 time f.ame and conside.
it again when the hearings are held for the internal lines of Shady
Knoll.
Special Ci ty Councl I Meeting
February 12, 1987 - Minutes
Page $
(Continued Public Hearlng/87-$)
Percv Tom I inson. Santa's Tree Farm - asked If there wi II be
assessments pending if Board action is taken tonight. Mr. Schrantz
explained only sewer area assessments would be pending and only within
the time frames for 1987-1990
Monroe Llndoren. 1719 Andover Boulevard - asked what Is meant by
holding another hearing for individual areas. Counc II and Engineers
explained only the sewer trunk area assessment would be levied In
1988-1990 for his area. If the residents petition to hook up to the
sewer and water, all residents affected would be notified and another
hearing held according to the Statute 429 procedure. If that was
approved, they would then be assessed for the laterals, connection
charges, etc. At the present time, there Is no petition from that
neighborhood other than the informational one received several months
ago.
Tom Adl er. 1480 Andover Boulevard - asked what the dates mean
regarding assessment purposes. When wi I I they start being assessed?
Counc i I explained the date Is Intended to say sometime after 1995 and
before the year 2000 a sewer area assessment would be levied In his
area.
Mr. Adler - asked if that would be true even if no one uses the
sewer In that area, asking why they have to be assessed if they are
not going to use It. He also asked If he could get his 15 acres
changed to beyond the year 2000.
Counc i I and Engineers explained the staging Is to provide a financing
base that would make the bonding marketable and as a protection of the
citizens generally so the bond Issue is on a solid basis. Whether he
uses the benefit or not, he is In an area where the property values
have Increased as a result of it being available. The areas that have
been changed to the 2000+ time frames were generally on the peripheral
area. He would have no pending assessment before 1995. Counc i I
stated sometime within that 1995-2000 time frame in his area, anothe.
hearing would be held regarding the levying of the sewer a.ea
assessment before the assessment would actually be levied. There Is
the possibility if the funds a.e not needed for the bond, the
assessment may not be levied at that time if the property owners would
prefer to delay i t further.
Mr. Adler - argued against the proposals, asking if the people were
asked what they want or is it Just the Counc i ] and Engineers deciding
who wi II benefit. Counc i I and Engineers noted the hea.ings that
have been held, the residential Input, and the requests for the
services, Including those all around Mr. Adle.'s area. The people
that will make use of the services first will pay for the benefit
first. The benefit goes to the land. Once the sewer is there, the
SpecIal Ci ty Counci I MeetIng
February 12, 1987 - Minutes
Page 4
<Continued Public Hearing/87-3)
land has a value at least equIvalent to the cost of the sewer. The
Intent Is not to Impose a sewer or assessment on his area untIl it Is
necessary. That Is why hIs area was placed in the 1995-2000 time
frame. The area to his east has requested sewer as soon as possIble.
Mr. Adler - stated he wouldn't need the sewer until way after the
year 2000. He asked if the Counc I I could guarantee that he wouldn't
have an assessment before that date. Mr. DavIdson stated very often
property changes hands and the desire for utilitIes changes. The
property carrIes the value. Counc 11 also noted the four ten-acre
parcels In this area have been Included In the servIce boundary since
the map was drawn in the middle 1970 / s . The intent Is servIce would
not be provIded to that area until the tIme frame noted, and there
would be no assessment untIl that time either. Once the map Is
approved by the Metropolitan Council with the dates, it cannot be
changed without goIng through these hearings again and wIthout the
Metropolitan CouncIl's approval. And there should be no reason to
change those dates unless the property owners petitIon to have them
changed.
Mr. Adler - felt It is for the benefit of the developers, that the
ones lIvIng here now want to leave it the way It is, but th i s proposa I
Is not going to be that way. Mr. Davidson stated the developers are
also land owners and have a rIght to use theIr land, and thIs is an
attempt to create an orderly and progressive method of development
that won't impose an assessment before I ts time. Counc I I also felt
they were respecting the positIon of those property owners by placing
the time frame for 1995-2000, recognizing that sewer I ines wi II be
running rIght by or right through those propertIes before that time.
Counc II also noted the housing areas of Hartfiel's Estates and along
Andover Boulevard were placed In the 1988-1990 tIme frame because of
the concern over possIble failed sewer systems and the potential
problems resulting from the landfi II. Should a health problem arise,
the City wanted to be able to provide utilitIes to those areas without
having to go through the procedure to revIse the time frame on the
map.
Mr. Adler - asked how It works to have the trunk line comIng through
his property and will there be an assessment for that too. Mr.
Davidson stated they wIll be surveyIng to defIne the actual location
across the property. The CI ty will be purchasing the property based
on land values either through negotiatIon or by condemnation If It
cannot be negotIated. There will be no assessment for the easement, as
that Is part of the cost of the trunk line.
M.. Tomlinson - questIoned where all 1987 projects are located. The
Engineers noted the constructIon projects for 1987. The potentIal
constructIon to serve a proposed school sIte would be the subject of
another hearing.
Special Ci ty Counci I Meeting
February 12, 1987 - MInutes
Page 5
(Continued PublIc Hearing/87-3)
Sue ? 13420 Jav Street - was not notifIed of the last meeting.
. . She wondered why some of the lots on the southern end of Jay Street
are left out of the project area and why Isn't the line comIng down
Jay Street. The Engineers explained It Is more economical to servIce
the area on Jay Street south of the hill through the Coon Rapids line,
so that is what is being proposed. Only an outlet on Jay Street wIll
be provided In this project. As the propertIes develop and petition
for service, It would be treated Just like any of the other
subdivisions.
Karen Peterson - asked for a descrIption of the northern boundary of
the ultimate service area. The Engineers noted the boundary on the
map.
DIck Schneider. 1343 Andover Boulevard NW - stated he talked to a
number of people where he lIves, and they are a II opposed to sewer
comIng east of Crosstown Boulevard and north of the creek. He stated
there Is no need for It there, asking why they should have to pay for
something they do not need and do not want. He stated there are some
failures of septic systems, but that even occurs on 300-acre farms,
not Just on a lot. On 40 acres In Hartfiel's there are 26 homes,
which he stated Is not density housing. From Hanson east to Crosstown
are approxImately 22 homes. The majority do not need nor do they want
It. He stated If the land is developed accordIng to the ordinance,
sewer is not needed. He asked why the Council is anxious to push
somethIng on the people that they do not want and do not need. He
explained hIs strong feelings about obeyIng the ordInances and related
incidents In the past when ordInances were not obeyed and what
happens when they are changed. He asked for a show of hands from
those In the audience for and against the utilities. Approximately 8
to 10 raised theIr hands against; 2 raIsed In favor. He asked I f the
majority mean anythIng to the Council.
There was a lengthY discussion wIth Mr. Schneider, Mr. Adler, and
others on their arguments about not wanting the utilities, not needing
them, not wantIng an assessment Imposed against them when they don't
use the service, and not wanting the ordinance changed but Instead
leave it In large-lot develoments. Counc i I noted the areas north of
the creek that have asked for municIpal sewer and water. The density
zoning in Oak Bluff was done In compliance with the ordinance
according to the attorney's opInion. The attempt is to deal wi th the
extension of the sewer and water lines and the requests of property
owners in an orderly fashion. There Is a large portion of the Ci ty
that wi II remain in large 2 1/2-acre developments. Also, ultimately
everyone who Is serviced will be done so at the same costs for the
uti I !ties, so no one is payIng for someone else's benefit,
Special Ci ty Counc i I Meeting
February 12, 1987 - Minutes
Page 6
<Continued Public Hearlng/87-3)
Counc i I noted it has been the City's policy not to impose an
assessment on land before a majority Is in favor of It. This has been
an attempt to establish a time frame when people think they will need
the utilities, even to the point of delaying an assessment for seven
years on some properties where the trunk lines wi II be going through
them. It was stated most cities would not do that.
Mr. Schneider - asked if the second creek crossing would be gravity
also, or is it possible a 11ft station would be needed. Mr. DavIdson
explained the first crossing will be gravity, but it is not known
whether the second crossing will be grav lty or by inverted siphon,
They know it will not be a 11ft station.
Mr. Adler - asked if an issue such as this is ever brought to a vote
by the residents. Counc il explained there are no provisions in the
law to do so, noting the legal requirements of the Counc i I In the
ordering of such improvements. In subdivisions, it has been the
Council's position to ask for a majority petition before ordering an
improvement.
Counc i I then discussed the question of whether the lots in Oak Bluff
are to be included for immediate assessments. Proposals were to
service the undeveloped lots or to let them all develop and Install
the utilities according the 1995-2000 time frame noted on the map.
Counc il agreed to discuss this item further at the February 17
meeting.
Mr. Lindoren - stated there are three houses next to him, plus the
lot In the corner is a swamp. He asked If they could be extended into
the same time frame as the tree farm. Counc i I discussion noted that
area was left in In the event some health problem arose because of the
landfill situation. The City wants the ability to service those 1f
necessary without having to go through the hearings and approval by
the Metropolitan Council again. Also, If a line is brought down
Andover Boulevard to service those residents, it is only prudent to
have properties on both sides of the road pay for the benefit. When
the area assessment is imposed, there would be the ability to hook up
to the system If the lateral project is petitioned for by the
residents. It was again explained the area assessment will not be
placed on the property automatically, that another public hearing will
be held when the area assessments are to be levied.
Discussion was then on whether the portion of the tree farm along
Andover Boulevard should be included In the 1988-1990 time frame.
Mr. Tomlinson - argued It Is all part of their tree farm and a
portion of it should not be changed to the more recent time. After
further discussion, it was agreed to leave it as is, especially noting
if there is a health problem, the State would be dictating where the
utilities are to be installed.
Special City Council Meeting
February 12, 1987 - Minutes
Page 7
<Continued Public Hearing/87-3)
Mr. Tomlinson - asked If water would be run with the sewer. Counc I I
noted that has been the City's policy, that both sewer and water would
be provided to the property.
Dave Schneider - didn't think the dates on the map followed an
orderlY progression. Counc i I stated they are trying to accommodate
and protect people who are living on properties with hobby farms, etc.
JoAnn Wilber - asked why is the line on Bunker Lake Boulevard
stopping at Jay Street and not continuing down to Hanson Boulevard.
The Engineers explained the problem with the depth of the line to
continue eastward on Bunker Lake Boulevard with the sewer. The water
line wi II continue eastward on Bunker Lake Boulevard to serve the
County shops. The County shops will be served with the sewer line
through the Hills of Bunker Lake plat at a lesser cost. Those lines
wIll be constructed this summer. The Wilbers will be assessed the
area charge based on their acreage, and the lateral and connection
charges would be Imposed only if a project were put In their
neighborhood.
Chuck Cook - asked that Outlots A and B in Oak Bluff, which he owns,
be included In the 1988-1990 time frame. He asked that the map be
redefined to include those out lots. Counc i I agr'eed.
MOTION by Lachlnskl, Seconded by Orttel, that we close the pUblic
input portion of the public hearIng. Motion carried unanimously.
Counc I I then reviewed the changes agreed to this evening on the
sanltar'Y sewer service/assessment areas staging map, those be i ng the
Slyzuk property, the Chapman property, and the seven westerly lots
along South Coon Creek Drive placed In the 2000+ time fr'ame; and the
two outlots In Oak Bluff placed in the 1988-1990 time frame. All other
areas are to remain as presented. The only open question Is what to do
with the lots in the Oak Bluff plat, which will be discussed on
Februar'Y 17. Council also agreed no area assessment would be Imposed
In areas, other' than the 1987-1990 time frame, without another public
hearing being held. The Council at that time would decide whether or
not to levy the area assessment.
MOTION by Orttel, Seconded by Elling, a Resolution or'dering the
improvement of sanitary sewer and watermain, Project No. 87-3 In
Section 22, 23, 25, 26, 27, 28, 34, 35 & 36 excluding Red Oaks Manor
Additions, Lund's Evergreen Estates, Barnes RoIling Oaks Additions,
Nightingale Estates Additions and the south part of Watt's Garden
Acres area, and directing preparation of final plans and
specifications, as prepared. <See Resolution R020-87)
VOTE ON MOTION: YES-Elling, Knight, Lachinski, Orttel¡ PRESENT-
Wlndschltl, as he Is directlY affected by a portion of the project.
MotIon carried.
SpecIal City Council Meeting
February 12, 1987 - Minutes
Page 8
(ContInued PublIc Hearlng/87-3)
MOTION by Orttel, Seconded by Lachlnskl, to contInue the matter of
the final confIguratIon of the up-to-the-year-2000 planning dIstrict
until the next regularly scheduled CouncIl meetIng to allow the
Engineers to prepare the finalized map and also dIrect staff to
prepare a resolution in support of that confIguration. MotIon carrIed
unanimously.
The hearIng was carried to the February 17, 1987, meetIng.
Council recessed at 9:32; reconvened at 9:55 p.m.
SCHOOL SITE/UTILITIES
Mayor Windschltl stated he and Mr. Schrantz met with representatives
of the School District regardIng layout proposals of an elementary
school on CIty property south of the City Hall. They are trying to
place the school where they have to do the least amount of gradIng to
level the sIte. He informed them the CIty would not favor leaving
strIps of land or placing the school in the center of the property.
They are also lookIng at the possibIlIty of locating it on the eastern
portIon of the property.
CounciJ agreed the school Jocatlon should be such that the land Is
used to the utmost. They also dId not oppose a locatIon on the
western edge of the property though It was felt the dIstrIct should be
responsIble for constructing the sewer and water lInes from Hanson
Boulevard to the buIldIng and the road to get there.
Mayor Windschltl stated they also raised the question of whether the
City would want to keep all of Its facIlIties on the north sIde of
Crosstown Boulevard. They may then relocate some of the fields
JoinIng their athletic complex, and any expansIon or additlonaJ
munIcipal buIldIngs needed by the CIty would be placed on the north
side of the street. If that were done, there may be more flexIbilIty
as to where on the parcel the school could be located.
Mayor Windschltl stated theIr orIgInal design fit Inside of 20 acres;
the new desIgn needs 23 acres as they are expandIng the athletic
complex. There is also the possibilIty they may want to construct an
elementary plus a JunIor hIgh school on thIs site in the future, In
whIch case they wIll need more land; but they wIll be getting back to
the CIty on that matter. The Mayor stated they are also wiJllng to
work theIr ballfIeld and soccer fIeld development to meet the CIty's
needs. They haven't provided an answer as to whether the fields will
be lIghted. If the CIty wants them to split theIr baJI fIelds and
soccer fields, addItional land will be needed. He also asked for an
agreement to allow the CIty to control the use of the fIelds after
school hours.
Special City Council Meeting
February 12, 1987 - Minutes
Page 9
(School Site/Utilities, Continued)
Mayor Windschltl also explained If the City desires a pool constructed
at this location, their policy is to have the City be the bonding
authority for it, with the school district leasing the pool from the
City for the amortization costs of the bond Issue. Council
questioned whether that would require a referendum, asking the that
the attorney give an opinion.
Discussion was then on the ability to provide utilities to the
proposed site. Mr. Davidson stated their meetings with the
Metropolitan Council and Metropolitan Waste Control Commission staff
was they would look upon that positively and would consider that as
part of the development plan for the Comprehensive Plan change. He
noted It would be at least a three-month process for final approval.
He requested a resolution from the Council confirming their agreement
that this should be the site location for the school. He also felt
the School Board should be asked for a slmiliar resolution, that they
agree this should be the site for the school.
MOTION by Knight, Seconded by Orttel, to so move. (See Resolution
R021-87 confirming the school site location on property south of the
City Hall) Motion carried unanimously. Mayor Wlndschitl stated he
would contact the School Board to ask them for such a resolution.
MOTION by Knight, Seconded by Lachlnski, directing staff to prepare
a resolution to the District 11 School Board that the City Council go
on record as assuring them that public water service will be made
available to the property currently being considered as the location
for the new school; and that every effort will be made to work with
the proper authorities to assure that sanitary sewer will also be made
available to the site. (See Resolution R022-87) Motion carried
unanimously.
COMPUTER
Council again discussed the computer bid, especially the bid for the
utility billing meter reader. Mayor Wlndschltl stated the quote he
received for the meter reading equipment was $4,000; but after
further discussion he felt that cost did not include everything the
AmerlData bid has and therefore the two bids were equivalent, He also
stated there has recently been an announcement by the manufacturers of
the equipment quoted to the City for upgraded equipment at a lower
cost, asking if that could affect a reduced cost to the City's
contract.
Councilman Lachinski repeated his arguments that such equipment Is not
cost effective, that It would only save six or eight days of work a
year, and that better and less expensive systems wll] be available
Special City Council Meeting
Februat"y 12, 1987 - Minutes
Page 10
(Computet", continued)
within the next five years. He did think It was a good idea that the
$2,500 that was to be put toward the utility billing equipment be put
toward a terminal for the Public Wot"ks building Instead.
Counc i I agreed to continue the item to the Febt"uat"y 17 meeting, asking
Councilman Lachlnskl to check Into the announcement on upgraded
equipment to see if It would affect the AmeriData quote and to check
into the possibility of getting a tet"mlnal fot" the Public Wot"ks
Building.
SPECIAL WORK SESSION WITH ENGINEERS AND UTILITY BUDGET
MOTION by Orttel, Seconded by Knight, that we set a work session for
the Industrial Park and Utility Budget for February 26 at 7:30 at the
Ci ty Hal J. Motion carried unanimously.
MOTION by Orttel, Seconded by Elling, to adJout"n. Motion carried
unanimously.
Meeting adjourned at 10:55 p.m.
Respectfully submitted,
~~\~L
Ma ella A. Peach
Recor Ing Secretat"y