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HomeMy WebLinkAboutSP January 15, 1987 CITY of ANDOVER SPECIAL CITY COUNCIL MEETING - JANUARY 15, 1987-AGENDA 7:30 P.M. l. Call to order 2 . Hanson Boulevard Discussion 3 . Water and Sewer Budget 4 . Water and Sewer Charges 5 . Tasty Pizza License Renewal 6 . Junkyard License Renewals 9:00 P.M. 7 . Closed Meeting/Attorney 8 . l',d j ournmen t - - - - --- .--_. CITY of ANDOVER SPECIAL CITY COUNCIL MEETING - JANUARY 15, 1987 MINUTES A Special Meet I ng of the Andover City CouncIl was called to order by Mayor Jerry Windschltl on January 15, 1987, 7:30 p.m., at the Andover CIty Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. CouncIlmen present: Kn i gh t , Lachlnskl, Orttel CouncIlman absent: EI lIng Also present: City Attorney, WIlliam G. HawkIns; CIty AdminIstrator/EngIneer, James Schrantz; and others HANSON BOULEVARD DISCUSSION County Commissioner NatalIe Haas-Steffen, County EngIneer Paul Ruud, and interested residents were present. Mr. Ruud gave some background Information about the Hanson Boulevard extension project, the process of selectIng a route, alternate routes looked at, and reasons for the chosen route. He estimated the alignment to go straIght north from Its existing location utilizing the existing Ward Lake Drive and aligning with Flamingo Street in Oak Grove was chosen about two years ago. The county has done the preliminary survey and preliminary constructIon plans. Me. Ruud went on to explain the County has an agreement with the City of Andover that the City will acquire the right of way and the County wi II construct the highway. The County has budgeted the necessary funds for construction in 1987, and they are ready to proceed if the right of way can be resolved. Attorney Hawkins noted pursuant to a Council motion, he has proceeded with the eminent domain action to acquIre the easements. The fIrst hearing is scheduled for February 11. The CIty has retaIned an appraiser who Is In the process of submIttIng his appraisals. Me. Hawkins also explained the eminent domaIn proceedIngs to the resIdents. Dan Skwarek, Ward Lake Drive - asked what changed the alignment from what it was originally going to be. He stated when he purchased his house three years ago, he went to Anoka County and was told the alignment would not be on Ward Lake Drive, but it was going to be to the west. Mr. Ruud stated the alternate to the west had been studied. In discussing the alternatives wIth the City of Andover and TownshIp of Oak Grove, it was felt the alIgnment directly north and over Ward Lake Drive to lIne up with Flamingo and extend to County Road 22 was the best. The western alternate did not utilize any existing roads, there were wetJand problems, and it divides some property in Oak Grove. -- Special City Council Meeting Minutes - January 15, 1987 Page 2 (Hanson Boulevard Discussion, Continued) Mr. Swarek - asked if it was true that Oak Grove put on a lot of pressure for this route. Mr. Ruud didn't feel that was the case, as it was an agreement by both communities involved. Mr. Swarek - asked if it was true that the property in Oak Grove where Hanson Boulevard will connect with C.R. 58 is going to be zoned commerc i a I. Mr. Ruud has heard nothing to that extent. The zoning is the prerogative of the local unit of government. Mr. Swarek - couldn't believe the people could tel I him the untruths to buy his house because Hanson Boulevard was not going to extend along Ward Lake Drive. He also asked about the feeder power ] ines that are supposed to be coming. From what he has been abJe to find out, it is in the plans. He didn't think anyone was aware of this nor of the commerciaJ zoning, which would mean more traffic for them. Mr. Ruud stated he knew nothing about the power lines as to whether they wou]d use this corridor or not. The County has taken advantage of their corridor coming up to C.R. 20. They work c10sely with Anoka E1ectric on their projects, and he doesn't recal I getting any indication of power Jines on the extension of Hanson Boulevard. William Berman, Oak Grove - stated he is sitting next to the Chairperson of the Oak Grove Town Board, and to his knowledge or hers, there has never been any rezoning discussed for that area. That land is on Ag Preserve, and he understands that is supposed to protect that property from roads, etc. Attorney Hawkins explained the Ag Preserve designation doesn't mean road right of way can't be aquired; but it does take a period of eight years from the date of request to remove that designation before it could be rezoned. Mr. Swarek - stated the majority of the people are opposed to Hanson Boulevard coming up Ward Lake Drive. His contentIon was they were never given a choice on the alignment but just told they had to give up their 1and or have it condemned. Mr. Ruud stated they are aware of the feelings of the residents, and they tried to work out some of the problems and make shifts In the a]lgnment to accommodate the residents in that area. Every time they get into a highway project, they never satisfy all of the people. In looking at the extension of Hanson from Coon Rapids north, the fact that they have been able to do that and impact only ten homes is .ather amazing. The alignment north in Oak Grove has not yet been set, and they wi] I be working with the Oak Grove Town Board in making that decision. Commissione. Haas-Steffen - recal led there was a prob1em with peat on the alignment along the power lines. Mr. Swarek - thought the floating .oad would be very expensive. Mr. Ruud stated the reason they use a floating road it Is quite a savings of money because they don't have to excavate and dispose of all the peat nor haul in fill. SpeciaJ City Counci I Meeti ng Minutes - January 15, 1987 Page 3 (Hanson Boulevard Discussion, Continued) Jim Stelzig, 1433 161st Avenue NW - has 40 acres on County Road 20. He has never received anything from the attorney nor received notices of the meeti ngs. He asked how much of the surveying has been done for the width of the right of way. He stated it does not line up with the secti on 1 ine. Attorney Hawkins stated where Hanson Boulevard intersects with County Road 20, It Is not In line with the sectl on line because the easements for the powerline south of County Road 20 were not centered equally on either side of the sectl on Ilne Mr. Stelzig - didn't know whether the line would include some of his property or not. Mr. Ruud didn't have the drawings this evening: but fe1t before an appraisal Is made, accurate information will be needed. Attorney Hawkins stated he has a right-of-way plat that shows the right of way in relation to the section 1 ine that Mr. Stelzlg can see. Wally Arntzen, 17817 Ward Lake Drive - stated the appraiser cal led him and spent an hour and a half appraising his land. There were no stakes, so he didn't know how an appraisal could be made. He stilI doesn't know what the amount of the appraisal was. Meryl Lindsey, Ward Lake Drive - stated they surveyed the landowners along Ward Lake Drive. The majority are opposed to that route. They'd like to see a city street, but they don't want to see a major county highway through there. There must be negotiations with al I of them, stating it could turn out to be a long, drawn-out affair because some are willing to back what they are saying. As taxpayers, they are not satisfied and feel have as many rights as anyone else. Mr. Swarek - called Councilman El ling Jast night, who drove the proposed route of Hanson Boulevard four different times. Councl1man Elling then told Mr. Swarek he agreed it is not the right route, that it would damage the propertIes up there and that he had changed his stand on the issue. Mr. Swarek stated Councilman EJling was to have left a message with the Mayor about his changed position. Mr. Swarek also stated Councilman Elling agreed with him that this would be a very very busy highway, hearing that it was to be used to relieve the pressure off Highway 65. Mr. Ruud didn't look at Hanson Boulevard as relieving traffic off Highway 65. They do have a project In 1988 to reconstruct County Road 22 from County Road 9 to Cedar. They expect traffic on Hanson will result more from development that is occurring in the center of the County, and primarily that development is occurring within the City of Andover. The County has recognized for a long time the need to protect a corridor through the center of the County for north/south traff ¡c. How soon that traffic develops along Hanson Bouelvard depends on growth within the cities and townships. His jOb is to work with the cities and County Board to try to be ready to meet the traffic demands In terms of capacity and safety. Special City Counci I Meeti ng Minutes - January 15, 1987 Page 4 (Hanson Boulevard Discussion, Continued) Mike Bradley, 17745 Ward Lake Drive - stated it has never been clear to them just what was going to happen. At this point, he asked what are their alternatives and what do they do so they wi I I not get Hanson Boulevard going through Ward Lake Drive. He agrees a Hanson Boulevard is needed, but he didn't want it on that alignment. Mr. Ruud explained the agreement between the City of Andover and Anoka County regarding the construction and right-of-way acquisition for Hanson Boulevard. The problem with changing the alignment at this time is the County has done the surveying and plans are ready to be bid. He didn't know the investment cost for either the County or City at this point. Ada Orr, 1814 181st Avenue NW - stated her land is in Ag Preserve. If the route to the west was taken, it would take the entire west side of her property. And then they would want Ward Lake Drive blacktopped as a city street, which she stated would really affect her with roadway on both sides of her property. Mr. Brad1 ey - sti 1 I wanted to know what their alternatives were to stop this road. Mr. Ruud thought the City and County could agree to stop the project; but with two years of planning and costs involved, the decision would be whether the negative impact on the ten homes is of such a magnitude to change the decision on the entire route. He doesn't make that decision. Commissioner Haas-Steffen - stated this is the third meeting they have been at; and some people who have now signed against it had previous1y said they agreed with it. The comments she heard at the last meeting where they needed something up there. They were not unhappy about the proposa I , but were concerned about how they would be treated in terms of their I and. She assumed If the City wanted to progress on this route and the County said no, that the City would have grounds to sue, and vice versa. Do they feel there is another and better route? The technical people tel I her no. Laura Arp - stated they weren't even told there was another alternate. They were just presented with the fact that they were going to have a road regardless. Mr. Ruud stated there were a lot of discussions with the Andover Council and Oak Grove Town Board members. It was out of those discussions that the alternatives were revIewed, the benefits of one against the other were weighed as it affected both communities; and out of that came the plan to go straight on Hanson. He thought that was presented to the people as the best choice as far as the two communities and County could come up wIth. Mr. Swarek - stated they were not told they had a choice but that this is the route. They had the choice of either agreeing and donating the right of way or the City would condemn the property. Special City Counci I Meeting Minutes - January 15, 1987 Page 5 (Hanson Boulevard Discussion, Continued) Mr. Ruud stated there was the process between the County and two communities to try to weigh benefits one against the other, and to see which had the most benefits for the most people. There was a lot of effort put into it, though he acknowledged it is a negative impact for those on Ward Lake Drive. Mr. Bradley - stated at the first meeting there was a sign up for those absolutely for, absolutely against, or those willing to see more details. He thought most signed that middle column to see more detai Is, but that was not to be construed as approval of that road. He feared that feeling was used as being In favor of it when determining the alignment, and that misrepresentation has taken this thing too far. Commissioner Haas-Steffen - explained al I that goes into determining an alignment before going to those who wil1 be impacted. She stated at two meetings the residents were told the impact on each piece of property; and no one, with the exception of two families, said they didn't want Hanson along Ward Lake Drive. No one else has ever contacted her saying they do not want the road. Sylvia Britton, 17725 Ward Lake Drive - understood the people in her neighborhood wanted a free paved road. The alternative was to give the land, and the City/County would build the free road. Then someone wanted to be paid and she heard it was going to be condemned. Never did she heard that the residents don't want the road at all. As far as she is concerned, the road was planned a 10ng time ago. She also stated anyone can find out what is taking place by contacting the County or the City. She didn't think the route should be changed now. Mr. Swarek - stated he did go to the County before he bought his house, and he was toid Hanson would never go down Ward Lake Drive. Councilman Lachinski explained if everyone had agreed to donate the property, the road probably would have been built last year. But one person has insisted on being paid for the easement. That has delayed the project, and the City's only alternative was to condemn the property for the easement. Mr. Arntzen - was first approached about the road when he was called by the Mayor and asked if they wanted a blacktop road on Ward Lake Drive. He felt it was a good idea. At that time the discussion was i t would be a city standard road down the existing roadway, which he agreed wi th. At the first meeting, it was to be Hanson Boulevard with the road shifting over his property. He's losing many pine and oak trees, but nothing is being taken from the other side. He is saying it is a disproportionate taking of the land. It is not fair, and he is not going to give his land without being paid for it. He would prefer '- Special Ci ty Counci I Mee ti ng Minutes - January 15, 1987 Page 6 (Hanson Bou1evard DiscussIon, Continued) to put In a road to city standards and be assessed for It rather than get paid for his property for a county road. Whatever money he gets for the land wi 11 be put back Into relandscaping his property. He is not doing this for selfish reasons. Mr. Arntzen stated he doesn't care whether everyone else gives the property, he has none to give away. Whatever the City wants, they are going to buy it, no matter what the consequences are. Counclman Lachlnskl then explained the deliberations of the Counc i I in an attempt to negotiate a settlement with the one person unwll ling to dedicate the easement in order to avoid some potentially high assessments against everyone along the route. The condItion to that settlement was that everyone else agreed to It and everyone else donate their land. Mr. Arntzen - stated references have been made that it was originally his idea to get the road and now he is h01ding it up in order to get paid for his property. He stated the County and City made that decision several years ago; he didn't make the decision to build the road. He stated he just wants a blacktop road. If I t is a city road, he' J I buy it. If it's Hanson Boulevard, the City will buy his land. Councilman Lachinski stated the sentiment from the last meeting was that if someone was going to get paid for their land, everyone wanted to be paid. That left the Counc i I wi th the only alternate of condemning the property for the road easement and charge it all back. He felt at this point, consideration should be given to trying to work something out with the residents. Several residents then indicated they did not want the road and felt the City and County should Jook at another alignment. A lengthy discussion continued between residents present, Mr. Ruud, and the Council. Residents again expressed the sentiment that they did not want Hanson Boulevard along the Ward Lake Drive alignment, that they were not given a choice in the matter, their preference for moving it further west, and the concern over the moving of trees for some residents. Counc II expiained there was no attempt to mislead anyone in this, that there have been numerous meetings and hours spent trying to satisfy the objections of the residents, even meeting on site, that nothing has really changed to warrant starting over on this after two to three years of work already done on this project. Township of Oak Grove Chairperson - stated there are people in Oak Grive that would like to see the road come through Oak Grove. They have been waiting two years and wi11 not believe any speculation until she sees It done. Special City Council Meeting Minutes - January 15, 1987 Page 7 (Hanson Boulevard Discussion, Continued) Mr. Swarek - asked whether i t is true that they are planning to make the property on the corner of Ward Lake Drive (Hanson Boulevard) and County Road 58 commercial property. Oak Grove Chairperson - stated she has been on the Board for one year, and it has never been mentioned. They have not spoken with the County about Hanson Boulevard. Mr. Burman - stated the properties on either side are in Ag Preserve; and if they applied tomorrow, it would take eight years before they could even apply for a rezoning. Discussion was on the alternatives looked at and the assessment of each, that the best route agreed to by the agencies invoived was to go straight north up the section line using existing alignment, on possible routes once in the Township of Oak Grove, that the roadway would be 52 feet curb to curb with asphalt curb in the residential area along Ward Lake Drive, that it would be stripped as a two-lane road but capable of becoming a four-lane road in the far future as traffic demands, and that the speed limit would be established by the State of Minnesota and would not be established until after the road is constructed. Attorney Hawkins also reviewed the condemnation procedure and the appeal rights of the residents. Mr. Ruud stated he would Jook at the possibility of moving the roadway on Ward Lake Drive westerly as far as possible to lessen the impact of those on the east side. Mayor WindschitJ noted the document received with signatures of those opposing the aiignment of Hanson Boulevard down Ward Lake Drive. Though he couldn't speak for the County Board, given the investment on this alignment, Mr. Ruud didn't think the County would be in a position to change that plan. He felt the route chosen is a good one for the extension of Hanson BouJevard. Though it doesn't satisfy every criteria, when balancing the impact on ten homes on Ward Lake Drive with the entire extension of Hanson Boulevard, he didn't feel they could do any better. There are few places in the county where they can go straight north/south. Commissioner Haas-Steffen - explained how they were able to consider doing the northern part of Ward Lake Drive first because funds became free when another project did not proceed. As i t turned out, that portion did not get built first because of the easement acquisition problems. She also explained in sitting on the Highway Committee for four years, she has received no pressure from Oak Grove for this alignment nor to speed it along. The construction of Hanson Boulevard in Oak Grove is not within the five-year plan; but circumstances can change, such as increased development, that could speed up that time table. Special Ci ty Counci I Meeting Minutes - January 15, 1987 Page 8 (Hanson Boulevard Discussion, Continued) Counc i 1 and Engineers noted the plan ca1 Is for construction of the entire roadway from County Road 20 to 181st as one project this summer. Counci I took no action to change the alignment of Hanson Boulevard, generally agreeing that in al I the deliberations over the last two to three years, this is the best route for that road. Mr. Arntzen - asked if the alignment could be staked to get a more accurate appraisal of the properties. Attorney Hawkins was considering retaining the county surveyor to stake the easements, noting the staking is needed for the City's appraiser as wel I. Counc i 1 agreed it should be staked, directing that that be done as soon as possible. Counc i 1 recessed to al low residents to look at the alignment map of the road. 9:03 p.m. Counc i 1 then met in closed session with the City Attorney; reconvened at 9:40 p.m. Counc i I then heard final comments from residents regarding the Hanson Bou1evard alignment. Residents asked the proper procedure for getting the alignment of Hanson Bouelvard changed. Mr. Ruud thought unless the City of Andover would request the County to stop the project and look at other alternatives, based on what they see for the overall route, they would proceed with this al ignment. They have been through the process for several years trying to develop the best route. Nothing brought out tonight was new to him, as they knew they will be impacting the residents along Ward Lake Drive. In looking at the eventual 20-mile route of Hanson Boulevard, it is difficult to say that that one-half mile along Ward Lake Drive would stop the project from taking place. Counc i I also noted the alternative to the west that was mentioned by the residents also impacts two residential developments with more lots Impacted than what Is along Ward Lake Drive. Absence a motion this evening, the prior motion regarding the alignment and eminent domain proceedings stand. A resident asked what they could do to get the Counc i I to reconsider. Counc i 1 and Mr. Ruud stated they would have to show a route that would be acceptable to the County, the City, and Oak Grove. It was also determined that the mai1ing list was inaccurate. The name for 1508 181st Avenue NW needs to be corrected, and Ken Orr, 17802 Ward Lake Drive, needs to be added. Special City Council Meeting Minutes - January 15, 1987 Page 9 (Hanson Boulevard Discussion, Continued) Counc i I discussion with the residents was the attempt to do the project at the least expense for the residents, and that is why consideration was given for acquiring the one easement. Since the residents objected, all easements wi II be acquIred and the costs assessed back. There was a brief discussion on the estimated acquisition costs, the assessment policy, and again on the residents' complaint that they were not given a choice in determining the alignment of Hanson Boulevard. Counc i I recessed again to return to closed session with the Attorney. 10:06 p.m. Counc i I reconvened at 10:40. MOTION by Knight, Seconded by Orttel, to adjourn. Motion carried unanimously. MOTION by OrtteI, Seconded by Lachinski, that we reconvene. Motion carried unanimously. TAX INCREMENT FINANCING/LAND ACQUISITION Attorney Hawkins stated he Is negotiating with Cecil and Pat Heidelberger for their property off Bunker Lake Boulevard within the Tax Increment Financing District. After a brief discussion, Counc i I agreed the negotiations should continue and also that the Attorney get an appraisal on the Harsted and Sonterre property. MOTION by Lachinskl, Seconded by Orttel, authorizing the Attorney to get an appraisal on the Harsted and Sonterre property. Motion carried unanimously. APPROVAL OF CLAIM MOTION by Orttel, Seconded by Lachinski, approval of Checks 12178, 12179, and 12180, total dollar amount of $195.00. Motion carried unanimously. LICENSES/TASTY PIZZA MOTION by Orttel, Seconded by Lachlnski, that we approve a 3-2 On-Sale Beer License and a Cigarette License for Tasty Pizza. Motion carrIed unanimously. Special City Council Meeting Minutes - January 15, 1987 Page 10 MOTION by Orttel, Seconded by Lachinski, to adjourn. Motion carried unanimously. Meeting adjourned at 10:45 p.m. Respectfu1ly submitted, '\~~~L Mar lla A. Peach Recording Secretary