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HomeMy WebLinkAboutSP March 31, 1987 Q o 9:00 P.M. CITY of ANDOVER SPECIAL CITY COUNCIL MEETING-MARCH 31, 1987-AGENDA 1. Call to order 2. Discussion/Oak Bluff utilities 3. Approval of Sonterre Land Purchase 4. 5. Adjournment o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 31. 1987 AGENDA SECTION NO. Discussion/Oak Bluff Utilities ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. 2 BY: Vicki Vo1k BY: Attached are the following: Minutes of June 3, 1986 Council meeting approving the special use permit for density zoning for Oak Bluff; Resolution approving the above; Declaration of Restrictive Covenants for Oak Bluff. Minutes of Council meetings regarding the platting of Oak Bluff. Resolutions approving the preliminary plat and final plat. Minutes regarding the sewer staging. COUNCIL ACTION o MOTION BY TO SECOND BY o o Q Q Regular City Council Meeting January 7, 1986 - Minutes Page 2 (Street Lights, Continued) Councilman Elling agreed to provide the Council with a copy of a proposed street light standard. Mayor Windschitl also agreed to have the Sheriff's recommendations typed up for Council review for the next regular Council meeting. MOTION by Elling, Seconded by Knight, to continue the item to the January 21 Regular Meetlng. Motion carried unanimously. CHUCK COOK SKETCH PLAN Council reviewed the proposed sketch plan for residential development east of Hanson Boulevard just north of Hartfiel's Estates. Mayor Windschitl explained the potential for Hanson Boulevard to be the main corridor for the extension of municipal utilities, which would directly affect this particular plat. With the potential of hugh assess- ments against 2~-acre lots, he suggested the Council look at other alternatives to 2~~ acre lots in this particular area in an effort to preserve that corridor for future urban expansion. Council discussion on development in this area other than 2~-acre lots included suggestions to 1) provide for future subdivision of the 2~-acre lot and require the location of the house to facilitate subdivision in the future; 2) allow small-lot development and allow development only on every third lot until utilities are available; or 3) allow for some flexible development such as done in other cities to allow the property to be developed into as many one-acre lots that would equal the number of 2~-acre lots that would normally be developed on the parcel, concentrate that development in one area of the plat, and place a restrictive covenant on the remaining property in the plat to prohibit development until such time as municipal sewer and water are available. After some discussion, the Council generally favored the third suggestion, noting in this plat the developer could plat 25 one-acre lots. One-acre lots would meet the on-site sewage system requirement. It was emphasized that future subdivision should include a logical extension of the streets and would allow the lots to be split into one-half acre lots. Council also acknowledged the ordinance would need to be amended to allow this type of development, and that it would only be allowed in areas to be preserved where it is felt municipal utilities would be available in the future. It could be a transitional area from the present rural to future urban resubdivision and would be to protect areas where there is a reasonable chance of sewer and water availability in the future. Hanson Boulevard is about the only corridor left for expansion of the MUSA area. Mr. Cook and Jeff Caine, Surveyor - indicated their preference for smaller lots in the plat and agreed to provide another sketch plan showing up to 25 one-acre lots concentrated in one area of the plat and showing the future subdivision when utilities are available. Council also asked' if there was some way of exiting 147th Lane to Xenia. Mr. Cook - noted the 100-foot strip between this property and the road is owned by someone else. Council felt that should be investigated further. Mr. Caine - stated the Park Board has asked for a small park in the plat. They would prefer to provide park dedication fees instead, noting the number of parks already available in the vicinity. Council agreed to look at it further once the plat comes in. Council also noted a possible assessment against the property for Hanson Boulevard. Council agreed to add the discussion of the Hanson Boulevard assessment hearing on the January 21 Agenda. Council also agreed to add the sketch plan to the January 21 Agenda as well, with the developers agreeing to present a revised sketch plan based on this evening's discussion. o o ~.- q CITY of ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 21, 1986 - MINUTES The regularly scheduled meeting of the Andover City Council was called to order by Mayor Windschitl at 7:30 P.M., Tuesday, January 21, 1986 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, MN. Councilmen Present: Councilmen Absent: Also Present: Elling, Knight, Orttel, Lachinski None James Schrantz, City Engineer/Administrator; Bill Hawkins, City Attorney; John Davidson, TKDA; Dave Almgren, Building Official; d'Arcy Bosell; others RESIDENT FORUM Jim Schrantz noted that Campaign Success, Inc. would like to meet to discuss the future of the city's newsletter. Mayor Windschitl suggested that Mr. Schrantz, Mr. Johnson and CSI meet and that they put together some costs for the options available. AGENDA APPROVAL It was suggested that Item 4f, OEA, be added to the agenda. MOTION by Knight, seconded by Elling to approve the agenda as amended. Motion carried unanimously. UNIVERSAL PROPERTIES SKETCH PLAN, INC. Mayor Windschitl noted that he would like to discuss this plat in general terms and then schedule a meeting with Planning and zoning to discuss it. Jeff Caine, surveyor presented a revised plan with fewer streets but the same number of lots. Along with the plan, he submitted a resubdivisio plan. It was noted that there were 25 lots in the original sketch and there are now 30. Mayor Windschitl stated the Council had questioned the original sketch, which was two and a half acre lots and whether we wanted that type of subdivision in an area where sewer and water may be coming soon. There was discussion of having smaller lots and reserving the remainder of the property until such that sewer and water is available. He noted that at today's prices, sewer, water and streets on a two and a half acre parcel would be approximately $51,000. Councilman Lachinski asked if the Park Board still wants a park in that area. It was noted that they do, but it was not a unanimous decision. Councilman Orttel noted that if you plat an area and allow building on every third lot you end up with a not very nice looking subdivision as the housing styles change. He felt that the 2~ acre subdivision is the worst alternative. o o City counc~ ~eting 21, 1986 - Mlnutes Q Regular January Page i Councilman Knight asked how we can prohibit development. Mayor Windschitl stated that it can be done by putting it on the abstract. He noted that Ramsey, Minnetonka, Blaine and East Bethel are using that approach. It was noted that sewer and water would probably be in the area by the year 2000. Mr. Elling noted that the ground water problem has shown that the water is moving to the southwest from the northeast. With that in mind, we may have to service that area sooner. If the SAC line is moved, we have to have some justification for it. Jim Schrantz stated that our ordinance allows for density zoning (cluster developments) under Ordinance 8, Section 4.02. Dick Schneider - stated that he is opposed to smaller lots. When Chuck Cook first approached him regarding the sale of the property, he was in favor of him developing it as long as the lots were at least 2~ acres. He felt that with smaller lots, the City is encouraging the installation of sewer and water. Winslow Holasek, 1159 Andover Boulevard - Asked which plat the Council is considering. Mayor Windschitl stated that it is the 2~ acre plat. MOTION by Elling, seconded by Orttel to schedule a joint meeting with the Planning and Zoning Commission for January 28, 1986 to discuss the Universal Properties sketch plan. Motion carried unanimously. BOISCLAIR CORPORATION Jeff Wickert - asked the Council to go on record to say they would support a library in the Downtown Center. Mayor Windschitl noted that we could not say that we favor one site over the other, but that we favor a library in the city to be located at one of two sites - County Road 9 and County Road 20 or at the Downtown Center. MOTION by Orttel, seconded by Elling to direct City Staff to prepare a resolution to restate our support for a library in the City of Andover and explain that there are two sites available (County Road 9 and County Road 20, and County Road 9 and Bunker Lake Boulevard) and Council would be in favor of the location at either of those sites. Motion carried unanimous ly. (s.." ":R 003 - '8(,) MOTION by Orttel, seconded by Elling that the meeting with Boisclair Corporation scheduled for February 11, 1986 be changed to February 25, 1986. Motion carried unanimously. ECONOMIC DEVELOPMENT Councilman Lachinski, noted the area identified for potential Tax Increment Financing would be all of the Limited Business, Limited Indus- trial, General Business and General Industrial properties in the south- east portion of the city. The committee discussed where they would like o o Regular Planning Commission Meeting January 28, 1986 - Minutes c:> Page 3 (Hidden Creek Sketch Plan, Cont.) Mr. Peterson noted that the county has no objection to the access to Bunker Lake Boulevard. Mr. Jacobson explained that if the Park Board will not accept the park where it is shown a major redesign will have to be done on the plat or Good Value could go before the Council and say they want the park where it is. Mr. Peterson stated that they are going to ask the Council to approve the park where it is. Recess 8:30 - Reconvene 8:45 UNIVERSAL PROPERTIES SKETCH PLAN (COMM. #12-85-5) At this time, the Mayor, City Council and City Engineer joined the Planning Commission to discuss Mr. Cook's sketch plan. Mayor Windschitl stated that this particular plat prompted this discussior The City of Coon Rapids went through 131st and Hanson with sanitary sewer and ended up with some huge assessments. If you have the potential, what kind of development should you allow in an area that might have sewer and water brought in. He also noted that the proximity of the landfill is one of our concerns on this plat. He suggested doing a cluster development. The whole idea of that is to see if you can give the developer more lots but prevent a future resident from getting a horrendous assessment. At today's prices, for a 2~ acre lot for sewer, water and streets the assessment would be approximately $51,000. We also have to provide for some logical street pattern. Two and a half acre lots are horrible for resubdividing. Mayor Windschitl suggested that we look at where we would allow a cluster development, that it could be a transition line from our MUSA line. The Planning Commission and City Council should decide what would be best for the city. Chairman Jacobson noted that a cluster development could become rather complicated because you would have to tell people which side they could put their house on. We would also need to change our Comprehensive Plan. He felt this approach may work for this plat but in other areas of the city it might not be good. One of the reasons people move to Andover is because of the bigger lots. Jim Schrantz stated that Hartfiel's Estates is going to need sewer and thj development would draw it. There are other areas that would have to be served if Hartfiel's gets sewer. o Mayor Windschitl noted that if we didn't have the landfill, it would be simple to have larger lots in that area. We have about 8 years of land left for development in the southern part of the city and there are no assurances that we won't have any bad wells because of the landfill. He also noted that at one time there was hope that the generators would pay for a water system, but that hope is gone. Mr. Windschitl pointed out that North Oaks West is a cluster development. o o Regular Planning Commission Meeting January 28, 1986 - Minutes <:> Page 4 (Universal Properties, Cont.) Councilman Orttel noted that to build on every other lot. styles of houses being built install the sewer lines. in Hartfiel's Estates they were allowed When that happens, you have different and the streets have to be torn up to Dick Schneider - asked what the capacity of the sewer line is. Mayor Windschitl stated that it is approximately 32,000 people. He also noted that after 1990 we are going to see cities fighting to get capacity out of the sewer line. Mr. Schneider noted that when he sold the property to Mr. Cook the ordinance required 2~ acre lots and now the Council is talking about having smaller lots. He objected to the smaller lot sizes. Councilman Knight asked if we are going to allow people to leapfrog in the transitional zone. Mayor Windschitl stated that anything in the line would have to be treated the same. Chairman Jacobson asked the Council to make a decision on this and to let Planning and zoning know what they should do. MOTION by Rogers, seconded by Jovanovich to adjourn. Motion carried unanimously. Meeting adjourned at 9:55 P.M. Respectfully submitted, FFld &~~ ~~ Vicki Volk, Recording Secretary o o o ~ Q Regular City Council Meeting February 4, 1986 - Minutes Page 5 (Junkyard License Approvals. Continued) agent and it should be i'n hand soon. Andover Auto Parts has many cars outside the fence, and Rite Way Auto Salvage has no insurance coverage nor has it applied for a 1986 license. Council felt the Commercial Auto Parts yard should be inspected aga~n prior to approving a license. Councilman Orttel CHANGED the Motion: Take out Commercial Auto Parts from the previous motion. Second Stands. Motion carried unanimously. MOTION by Orttel, Seconded by Knight, that the auto junkyards known as Andover Auto Parts, Bob's Auto Parts, and Rite Way Auto Salvage be put on notice that they are in violation of the City of Andover ordinances having to do with the fact that they are not licensed and should be referred to the City legal counsel to have the operations terminated. DISCUSSION: Mr. Johnson stated such letters were sent by certified mail today to Andover Auto Parts and Rite Way Auto Salvage. Council agreed to allow a few days for receipt of the certificate of insurance from Bob's Auto Parts. Motion carried unanimously. UNIVERSAL PROPERTIES RECOMMENDATION Council discussed setting up a transition zone where municipal utilities would be available in the future and where cluster zoning would be allowed at this time. Such zoning would allow for the orderly transition from rural to urban use when the utilities are available. Council noted such a change would require Metropolitan Council and Metropolitan Waste Water Control Commission approval. Mr. Schrantz exp~ained his suggested boundary for the transition zone was based on the old Sewer Availability Charge line plus looking at overlays for soils conditions. Council didn't feel the line needed to go that far north. thinking Crosstown Boulevard should be the northern boundary, but also include the City Hall site. It was also interpreted that Ordinance 8. Section 4.20. Density Zoning, currently allows platting to a lower density as is being considered in the transition zone; and if that type of zoning is not desired throughout the City, then that should be clarified. MOTION by Orttel, Seconded by Knight. to direct the Planning and Zoning Commission to hold a public hearing to consider the establishment of a MUSA transitional zone to allow for density zoning by Special Use/PUD as in Section 4.20. Ordinance 8. The lots would be required to meet the 39.000-square-foot buildable area, with the lots themselves being a minimum of 39,000 square feet. The total number of lots allowed being used in this method in the transition zone could be no higher than that attained under R-l zoning taking into account soils conditions, etc. The Council also includes the consideration of a Comprehensive Plan amendment in this public hearing. Further, the map that the service area for the transition zone include the glue factory property to Xeon Street, Xeon Street extended to Crosstown Boulevard from Andover Road to the north, then follow Crosstown to the southwest until it meets the existing MUSA line. with the addition of the City Hall property to the north on Crosstown Boulevard. Motion carried unanimously. SIGNALIZATION RESOLUTION MOTION by Elling, Seconded by Knight. a Resolution requesting a traffic safety lmprovements to THI0 at the intersection of Round Lake Boulevard as proposed. DISCUSSION: Councilman Elling reported the City of Coon Rapids should be approving the same resolution at their meeting this evening and a copy of it will be sent to Andover. Several Councilmen were reJuctant to pass such a resolution for a study to take place in another city. They felt courtsey dictates that Andover support the resolution adopted by Coon Rapids, the city in which the study would take place. o o ~ Q Regular City Council Meeting May 20. 1986 - Minutes Page 10 (Petition/Yellow Pine. Bluebird, Ward Lake Drive, Continued) Mr. Heltemes stated the majority are extremely interested in getting something done. The residents along Bluebird are especially anxious. as that road is impassible most of the spring. He asked if the extension of Hanson Boulevard will connect to Ward Lake Drive; and if so. they would like to see this project proceed. If that does not happen, they want to withdraw this petition and repetition to include Ward Lake Drive. Mayor Windschitl explained the county has not finished the plan for the last two miles of Hanson Boulevard north of County 20. But the alignment to;go straight north using the northern portion of Ward Lake Drive is acceptable to Oak Grove. Mayor Windschitl noted it is difficult to give a time frame as to when Ward Lake can be done with MSA funds. Mr. Heltemes - stated the purpose of the petition is to do one-third of Ward Lake Drlve, outlining the area desired to be improved. Mayor Windschitl felt a more specific time frame may be available for the public hearing as to the construction of Hanson Boulevard. Mr. Heltemes - stated if Hanson Boulevard is delayed beyond 1987, it will not beneflt them to pave Ward lake Drive. In the ten years he has lived there. the only improvement done to Ward Lake Drive was last summer, and most of that gravel is no longer on the road. They are asking for this improvement for next year. Council discussion with Mr. Heltemes was on the difficulty of constructing Ward Lake Drive and the previous commitments made for the City's MSA funds. Mr. Heltemes - stated they would like to see costs, characteristics of the road, estimated start and completion dates, the costs for Ward Lake Drive, and the use of City funds for that road. Also, his understanding is Ward Lake Drive is not on line, and they would like to have that mentioned if it is a problem. Also, they would like to know the effect of such an improvement on:their property taxes. Council suggested a feasibility report be done and scheduled for late summer, by which time more information should be known about the progress of the Hanson Boulevard project. MOTION by Lachinski. Seconded by Elling, to authorize the Engineer~o contract wlth the engineering firm of Bonestroo, Rosene, Anderlik and Associates to prepare a feasibility study and update our State Aid funding program. (See Resolution R061-86) Motion carried unanimously. CONTINENTAL DEVELOPMENT/SPECIAL USE PERMIT & VARIANCE Planning and Zoning Commission Chairman Don Jacobson reviewed the Commission's recommendation to deny the special use permit for density zoning. A number of people who attended the hearing unanimously voicea opposition to the request. The motion to allow th e permit fai led on a 4-3 vote. He found there",was nothing unique about this particular piece of property that would warrant the permit and those opposed did not feel it is a PUD development. Winslow Holasek - stated this particular item was not on the published agenda. Mr. Schrantz explained the items for the agenda must be in the paper by Tuesday noon, and this was heard by the Planning Commission on Tuesday evening. They called it into the paper Wednesday morning, but the paper does not always publish verbal requests. The Hem was moved ahead at the developer's request, as has been done in the past on several occasions. Mayor Windschitl felt it should be on a published agenda. but asked that specific items on the proposal be brought out this evening. Attorney Hawkins advised from a legal standpoint. it is not necessary that it be on a published agenda. o o ~ Q Regular City Council Meeting May 20, 1986 - Minutes Page 11 (Continenta~l Development/Special Use Permit & Variance, Continued) Dick Schneider - stated he is definitely opposed to the density zoning, preferring to see ,t developed at 2~ acres as was agreed to at the time of the sale and which was required by the ordinance. As part of the purchase agreement, it states that no land shall be used for park dedication or ponding. In taking the proposed 2~- . acreilatdevelopment to the Park Board, the Park Board preferred to have 2~ acres dedicated for a park. Mr. Schneider stated he agreed to do that. Now Mr. cook wants ~ acres for parkland, and he has'agreed to that also, knowing if the development is not completed, he will never get that parkland back as it becomes city property permanently. However, Mr. Schneider went on to say he has not given a release to provide property for ponding purposes. With 2l:i-acre ,lots, ponding was not needed. But with the density zoning, it will be needed on site, stating he will not sign any release to that affect. Mr. Schneider stated he believed 'in the City's ordinance and thought the Council did so too, again stating he did not want to see the density zoning. Mayor Windschitl noted what is being heard is under the existing ordinance, as no change has been made to the ordinances. This is a request to vary from that ordinance. Attorney Hawkins advised that iLthe City feels parkland and ponding is the best way to develop that property, everyone who has an interest in bhe!plat must agree to sign off. Mr. Schnei del" - noted the prob lem with the large assessments in Coon Rapi ds that was brought out at the previous meeting was with the 5-, 10-, and 20-acre lots. Councilman Orttel stated those with 2~-acre lots also had huge assessments. Also, most individua'lS who have expressed opposition to the density zoning on this property fearing it may bring utilities to their property are already within the City's sewer and water district, as that line goes up to Andover Boulevard and includes Hartfiel's Estates. Mr. Schneider - argued at present there is not enough demand to bring sewer and water to thelr area; and if it stays 2~ acres, there will never be a need for those utilities. Mayor Windschitl noted 24 people along Andover Boulevard have already petitioned for information regarding sewer and water. And Thursday evening a public hearing is being held for the possibility of bringing sewer and water up Hanson Boulevard to as far north as Coon Creek, which is very close"to the property in question. Winslow Holasek, 1159 Andover Boulevard NW - was concerned that on the original plat of 2~-acre lots, no lots were on a deadend and there was a nice traffic flow; but with the cluster development, the road becomes one long deadend. He didn't think that was a good idea. Council noted the discussion is for the density zoning onJy. The proposal must still go through the Planning Commission for preliminary plat. Mr. Holasek - stated the Watershed Board surprisingly approved this plat with ponding on site but had given Good Value Homes a bad time about ponding on their plat. Also, he was concerned if the storm drainage runs along the street and into his place. It was his understanding that the developer couldn't run water mnto the neighbor's land. He owns a lOO-foot strip of land and doesn't want any more water in there. Mr. Holasek understoo&:Mr. Cook is asking for a variance to retain the open space in private ownership by the developer. He questioned if the City has the right to give that: land back to the developer. Stuart Kinkade, Park Board Chairman - stated they originally asked for 2~ acres when they looked at the plat as a 2~-acre lot development. When the plat came back, it was increased to ~ acres. It was not something the Park Board request~o. o o ~ Regular City Council Meeting May 20, 1986 - Minutes Page 12 ~ (Continental Development/Special Use Permit & Variance, Continued) Jan Erickson, 1549 146th Lane - opposes the smaller lots with higher density. They bought there with the idea of country living and they like it the way it is. With the smaller lots, there is potential for more homes and they don't want to see that. They feel the ordinance of 2~-acre lots protects that and they do not want to see that ordinance changed. Chuck Cook, Developer - stated he closed on the~land and Mr. Schneider has the mortgage. He knows the terms of the mortgage, stating he would not have spent ,$10,000 on plans if he didn't know his capabilities. He stated the drainage plans call for 100 percent retention on his property. He asked that the Council act on this proposal tonight. Council spent some time discussing the request with the Engineer, Chairman Jacobson and the Attorney. Councilman Elling felt this was not a PUD because it does not have two or more principal uses. Attorney Hawkins advised the application is for a special use:_permit under Section 4.20. The only reason Section 4.18 is referred to is to follow the same procedure as for PUDs. When acting on the requests, the same standards of hardship must be applied. Chairman Jacobson stated those on the COmmission who opposed the requests didn't find any unique characteristics about the property that would warrant varying from the ordinance. Attorney Hawkins also advised under the special use,permit, the open space would remain city property unless the city chose to vacate it, in which case it would refer back to the original owners. When the vacation of city property is considered, the question is whether or not it is in the public interest to do so. Council continued to debate whether this property snm.ildbe allowed to develop as proposed as a transition zone because of the potential for sewer and water utilities being brought to that area or whether it should just be developed as 2~-acre lots. Councilman Orttel felt this should be developed as a transition zone, believing sewer and water will be brought to that area in the future. By protecting the area, it will be benefitting the City as a whole; and it does not impact the people already there in any way. Councilman Lachinski explained the Council originally tried to change the ordinance to allow this density in a transition zone where it was expected utilities would be extended. Since that failed, this is another method to get that density zoning and still comply with the ordinance. He had no problem looking at the special use permit but had reservations about the variance request at this time. He suggested tabling the item to a published agenda. MOTION by Lachinski, Seconded by Elling, that we table this item until the next regularly scheduled meeting. VOTE ON MOTION: YES-Elling, Knight, Lachinski, Windschitl; NO-Orttel Motion carried. AWARD BID/86:"4/HIDDE~,CREEK Mr. Rodeberg reviewed the bids received for Project 86-4 in Hidden Creek, noting the low bidder of American Contracting. Council expressed concern with the low bi dder because of a 11 the di ffi cu lti esm,the:\todCliatfd Terrace project done by Ameri can Contracting. John Peterson, Good Value Homes - stated they have used American Contracting before. The firm does excellent work for them, though not always in a timely fashion. If the next lowest bidder wasn't $19,000 higher, they might not consider American Contracting; but the dollar amounts were too substantial. Mr. Peterson stated they would prefer to award the bid to the low bidder. o o ~ o Regular City Council Meeting August 5, 1986 - Minutes Page 4 (Dehn's Pond/Round Lake Drainage/86-IO, Continued) (1) - stated those rear yards do drain toward the Dehn's pond. Ms. Sonsteby - asked if there will be a half-cent per square foot assessment 1mmediately on all the land. Mayor Windschitl explained there has been discussion of assessing the developed properties immediately, but deferring the access charge to Anoka for vacant property until such time as that vacant prq>erty is deve loped. The Council hasn't decided whether the cost of the pipe would be levied immediately or not, though normally those types of charges aren't deferred. There is no proposal to assess protected wetlands or unbuildable property. Clay (?} -.as~ed ~he last reading ?n the water level ~n Deh~'s Pond, stating as of tonlght lt 1S hlgher. Mr. Dav1dson stated on Aprll 25 lt was 867.07 feet. MOTION by Elling, Seconded by Lachinski, that we continue the public hearing for Dehn's Pond to the next regularly scheduled meeting. Motion carried unanimously. NIGHTINGALE ESTATES 3RD ADDITION PRELIMINARY PLAT Council indicated a temporary turnaround easement is needed on the new Uplander. MOTION by Ortte1, Seconded by Lachinski, that we approve the Preliminary Plat of N1ghtlnga1e Estates 3rd Addition with the following conditions: that a variance be granted for lot frontage on Lots 3 and 4 of Block 1, and that the Lot 4, Block 2 front of that lot be designated as facing I53rd Lane NW; note that a variance be allowed for Lots 1 and 2, B1ock.I, Lot 5, Block 2, and Lots 1. 2. and 3, Block 3 for area due to the inclusion of a stub street, Uplander, going to the southern property line. (See Resolution R117-86) Motion carried unanimously. OAK BLUFF PRELIMINARY PLAT Chairman Jacobson reviewed the Planning Commission's recommendation to approve the pre1iminal'lY .p1 at of Oak Bluff. But they questioned just how the open space will be handled and whether or not that area will be deeded to the City. If the City took legal ownership of that property, the COOlmission felt it could not be used for ponding purposes unless the city specifically allows it. If the open space remains in the ownership of the land owner, then they had no problem with it. Because the prq>erty is being developed into smaller lots (one-acre versus 2lz-acre lots), Mayor Windschit1 thought the developer should also be incurring the storm drainage piping and out1etting costs as the plat is being done. Otherwise, future residents will ultimately be assessed for what should have been built when the plat was first put in. He felt clearly the pond in the open space is not the long-term solution for the prq>erty, stating there should be an outlet to one of the ditch systems or to the creek itself. Attorney Hawkins stated he has not drafted any agreement regarding the open space, waiting for the Council to make a fina 1 deci si on. If the Council wants the open space dedicated as park on the plat, normally drainage is not allowed in the park. If it is ever redeveloped and all the drainage goes onto this open space, a new drainage plan wi 11 need to be done for the houses a1 ready in there. Normally each subdivision is required to stand on its own. If the City takes possession of the open space and allows the ponding in that area, the City is responsible for maintenance as with any other storm water drainage pond. He also felt the assess- ments for Hanson Boulevard would only be applicable to the property being developed. There is no advantage to the open space because there wound be no benefit of the road. ' o o Q Q Regular City Council Meeting August 5, 1986 - Minutes Page 5 (Oak Bluff Preliminary Plat, Continued) Councilman Lachinski felt the property is being opened up for development and it should all be now assessed. Mayor Windschitl also felt that that was the intent, and it is being developed to the same density as if the entire parcel were platted to 2~-acre lots. Dick Schneider - thought the assessment was just the depth of a 40 and amounted to a llttle over $5,000. Discussion returned to the storm drainage for the plat. Mayor Windschitl argued the storm drainage in this plat must be addressed in its final fonn just as is done for any other plat. He felt it is not in the City's interest to develop a large pond for stonn water on developable property. There is now access to drain to Coon Creek; it's now a matter of paying for it. Chuck Cook, deve1~er - stated they are using the back of the deep lots for ponding of what is current y draining back there. They don't want to create additional drainage from other portions of that plat to that area because of the water table problem. It was his recollection that the Council passed the Special Use Permit under the provision that the City would lease the open space at no cost until such time as sewer and water is available to the site. Mayor Windschitl stated that can be researched in the Minutes. Mr. Cook - stated he employed Ken Gust to do the drainage calculations on this plan under two different configurations. First, by developing Oak Bluff with 25 lots and leaving the open space undeveloped, they determined they can pond on site without any difficulty without spending $50,000 for an off-site drainage system that is not necessary today. Assuming development of Phase I and Phase II with sewered and watered lots, theoretically they can again contain drainage on site with 100 percent retention, though they may not choose to do so at that time. His purpose was to show that he didn't need to spend $50,000 for a stonn sewer system today because it is not needed. If Phase II comes to be, he felt that would be the appropriate time to deal with the off-site drainage. Mayor Windschit1 stated except at that time the City Council would have to assess all those in Phase I who have already built their houses for something that should have been done when the plat was developed. Mr. Cook _ sLlgges ted the Council can requi re that whoever develops Phase II also pays for the drainage for Phase I at that time. At this point, the $50,000 the Mayor is suggesting for a system that would not be installed at this time is just too costly to spread among the number of lots in the development. Councilman Lachinski didn't think what Mr. cook was suggesting is that unusual. He felt normally when a developer wants to plat a parcel of property, he has to provide the drainage and pays for that drainage without assessing neighboring parcels. Councilman Ortte1 was also concerned that the discussion for any increased costs for storm drainage generally refers to buying:'1nto a system. But in this instance there is no system in place. And that has never been done with any other developer in th e City. Mr. Cook _ suggested developing Phase I and dedicating easement for ponding to take care of that area. When Pil-a-se II is developed, they can leave the existing drainage easement that will still handle Phase 1. Phase II may need off site dra i nage, but that issue wou 1 d be dea lt with at that time. In look i ng at the area consured by.the pond, economics suggests there will be no pond when Phase II is done. The value of the lots will make it feasible to construct an off-site storm drainage system. ~ Q o Regular City Council Meeting August 5, 1986 - Minutes Page 6 (Oak Bluff Preliminary Plat, Continued) Attorney Hawkins stated it is possible to provide in a lease agreement or deed with a reversionary clause that the easements would be vacated and the developer of Phase II would have to provide the drainage to take care of both phases. Mayor Wi ndschitl felt that just gi ves more i ncenti ves for the deve loper to wa lk away from a piece of property. Discussion continued on the possible ways of dealing with the open space area and consideration for storm drainage of Phase I and Phase II. Mayor Windschitl continued arguing to develop Phase I with a temporary pond, the City ought to collect the amount of money necessary to construct the outlet pipes in the future from the lots being platted today. Otherwise he felt the green space area would becone too unecononical to develop if all costs are charged against just the green space area. Ken Gust - stated part of the total grading plan incorporates low points in the road all related to storm drainage. There is also the costs of digging the ponds. The trunk storm sewer is normally an area assessment, and that could still go on the property. Mr. Cook - stated he is not getting the benefit of high-density development, and he doesn't want to have to incur the expenses of the high density without having that density to spread out those costs. Mayor Windschitl argued there is significant savings by developing in this manner with road costs almost half what 2~-acre lot development would be. Councilman Orttel stated no plat that has future subdivision has ever been assessed for storm drainage in this City; it's only those that are done in their absolute final form. He felt if the area is redeveloped in the future, there would be more runoff, plus the future area that will all have to contribute to the drainage system if there is one. He didn't feel this is the final form since the idea is to allow for future subdivision of these lots when sewer and water is available. Councilman Elling asked if the pond shown in the open space can be moved out of the middle of the area and moved either closer to the lots or toward Outlot A. Mr. Cook - was willing to look at it. After further discussion on the storm drainage within the plat and on the conditions of the special use permit previously granted, it was agreed to postpone discussion on this item until after the recess to allow the staff to research the conditions of the special U5e permit. GARY GILPIN VARIANCE MOTION by Orttel, Seconded by Elling, introducing a Resolution approving a variance requested by Gary and Janet Gilpin to build a 996 square-foot house in an area zoned for 1200 square feet in Section 05-32-24 as prepared with the statement the reason being the other hones in the area are under 1200 square feet. (See Resolution RI18-86) Motion carried unanimously. Council recessed at 9:25; reconvened at 9:32 p.m. c:> OAK BLUFF PRELIMINARY PLAT CONTINUED Counci 1 reviewed the Minutes of the June 3 meeting when the Special Use Permit for this parcel was approved, noting the matter regarding open space was referred to the City Attorney to develop an acceptable method whereby the City wi 11 acquire the open space until municipal utilities become available to the property. Attorney o o q o Regular City Council Meeting August 5, 1986 - Minutes Page 7 (Oak Bluff Preliminary Plat, Continued) Hawkins stated there are several different methods of dealing with that open space, noting it would be acceptable to take a lease.or a deed for that outlot. The simplest and least expensive would be for the developer to.give the City a deedc for Outlot B with a reversionary clause that the land would revert back to the developer when sewer and water is available to the property. He felt either way would take the property off the tax rolls because it would be under the City's control. Council thought there was also discussion that the developer would be required to pay the taxes that would have been received from that property. After further discussion, it was generally felt that because the property would be used for public use and would be deeded to the City, it would not be appropriate to require payment of taxes by the developer. When discussing the plat itself, Mr. Cook stated the builders will be working with the buyers in letting them know about the potential of municipal utiliites, future subdivision, and location of the house pad. He has no intention of filing a restrictive convenance on the plat, but he does have conditions on the sale of his lots where he approveshane plans, etc. He also felt that this development will generate more taxes than a 2~-acre development would because they are utilizing the higher wooded property. Mr. Schneider - hoped that Outlot B would not be dedicated as a park. Regarding a deed, the property is not paid for yet so how can he give the City a deed. Mr. Cook - stated he will take care of that. Mayor Windschitl stated if it becanes pub lic property, the Council can put it to pub lic use, including a park. Also, the deed would have to be free of any liens before the City could accept it. Attorney Hawkins stated it is not being dedicated as park. The City has the right to use the property for those uses set forth in the zoning ordinance. He thought those uses that would be set forth in the deed would include park, play- ground, walkway, etc. Mr. Schneider - asked if this is deeded to the City, who will maintain the land. Attorney Hawkins stated it would be like any other public property, that the City would be responsible for maintaining it. MOTION by Orttel, Seconded by Lachinski, introducing a Resolution approving the preliminary plat of Oak Bluff as being developed by Continental Development Corporation. in Section 26-32-24 as proposed with the follOiling changes: On the second c~ndM.lq]hder the NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of the City of Andover to hereby approve the Preliminary Plat of Oak Bluff, noting the follOiling: There is a No.1 listed. No.2 would be that Lots 9 and 10, Block 4 minimum house pad elevation be increased to 894. Under the final BE IT FURTHER RESOLVED that approval of the plat is' contingent upon the signing of the legal document regarding the open space. The legal document would be a deed with a reversionary interest to the develoepr designating that the property be used for park or playground or public utility space until such time as it is reverted back, and the reversion to take place at such time as sewer and water become available to the property. VOTE ON MOTION: YES-Lachinski, Orttel; NO-Elling, Windschitl Motion failed. Mayor Windschitl thought if the property is going to be developed into small lots, the price of the storm sewer must be paid for as is done in other developments. Councilmen Lachinski and Orttel didn't feel there was a mechanism in place to do so, that this is not final development as it is in R-4 platting, and that this is not being required of any other developer in the R-1 area. o o , o '-.--,;.: Regular City Council Meeting August 5, 1986 - Minutes Page 8 (Oak Bluff Preliminary Plat, Continued) Counci 1 debated the stonn sewer issue at some length and also discussed alternative drainage plans with the developer and engineers. Mr. Cook stated he has already agreed to accept the costs of drainage for the entlre area which is now being contained in the dedicated easement. If he wanted to utilize that easement, he'd have to buy the drainage system to take that water out of there. He believes the value of four lots justifies a storm sewer system. Mr. Gust - stated there are only eight lots draining into the pond on Outlot B. Discussion was also on the possibility of moving the pond out of Outlot B. Mr. Schrantz didn't feel it could be moved to Outlot A because of the elevation. Mr. Gust stated they can run the water from the proposed lots to Outlot A, but they cannot move the water from the pond in Outlot B up to Outlot A. Mr. Cook - stated he is giving the City an option. If the City wants the pond on Outlot B, he is dedicating the easement. If the City doesn't want the pond, the four lots will more than cover the cost of out1etting it; and he'd be happy to pick up the cost of outl etting the pond. Councilman Ortte1 was concerned that the Council is taking the position of not wanting ponds on any more plats, which he felt is contrary to what has always been done in the City. After further discussion, the following motions were introduced: MOTION by Elling, Seconded by Windschitl, to reconsider the previous motion. Motion carried unanimously. MOTION by Lachinski, Seconded by Elling, to reinstate Councilman Orttel's motion with the following additions which have been proposed by the developer: that the developer is willing to assume the trunk assessment for storm sewer for the entire 80 acres at the time of development of the open space area; and that at the same time that the area that.is designated for ponding in the open space area would be removed;and that the developer also agrees that he would have one year to develop the open space area into a plat to its final form, one year from the time that city sewer and water becomes avai lab1e; and that the attorney is directed to prepare the agreement to be brought back for Council approval pri or to the s i gni ng by the Mayor and Cl erk . Also, in the agreement, the City sha II provide noti ce to the developer when sewer and water does, in fact, become available. Also, should the developer not obtain final plat approval within one year of the time that sewer and water becomes available, that the ownership of the property will revert to the City so that it can be sold to some other developer. (See Resolution R119-86) Motion carri ed,'unanimous 1y. Councilman Elling stated he only voted for it to let Mr. Cook begin. But he does not agree with the p1 at or the process and does not want to go through this process aga in. Council discussed the many problems that have evolved from this plat, suggesting the Planning Commission look at a better process for development in the area which is planned to ultimately have municipal sewer and water. This was discussed again following the next Agenda item. PARK BOARD INTERVIEW/JOAN HARMS Council interviewed Joan Harms, applicant' for the Park and Recreation Commission asking reasons why she applied for the position, interests in recreation, opinion on the Cityls park system, etc. o o n, ~ Q Regular City Council Meeting October 21, 1986 - Minutes Page 4 (Local Oil Company Special Use Permit, Continued) Mr. Richmann - stated the general flood lights will be on the side of the gas pumps, and there will only be small security lights facing the residential area. Chairman Jacobson noted the ordinance which controls lighting, though acknowledged the glow will certain affect the surrounding residential area somewhat. MOTION by Lachinski, Seconded by Knight, a Resolution approving a Special Use Permit requested by Local Oil Company to construct a convenience store/gas station with underground gas storage tanks on the property known as PIN 32 32 24 24 0001 and PIN 32 32 24 24 0013 with the following modifications: in the last paragraph, Item 2, that an 8-foot screening be provided in combination of wood and berming and with the fence being similiar in appearance to that of the shopping center; add an item that the southerly driveway be moved 30 to 35 feet to the west and remove the future drive at this time; and add an item that would require that a quit claim deed for the 10 feet across the southerly portion of the property be provided for right of way purposes. (See Resolution R178-86) Motion carried on a 4-Yes, 1-Absent (Orttel) vote. FINAL PLAT/OAK BLUFF Mayor Windschitl asked what is taking place with the excess dirt on that site. Bruce Nettergaard, developer - stated they are in the process of asking for a mining permit for approximately 10 yards, which is the e>:tra dirt from the road and retainage pond. Mr. Haas stated the construction is not completed, recommending an escrow of $5,000 for that work. That escrow has already been provided. The $8,000 warranty has not yet been received. Attorney Hawkins advised the restrictive convenant has not been signed, recommending the approval be contingent upon a favorable title opinion and execution of the restrictive covenant. MOTION by Lachinski, Seconded by Knight, a Resolution approving the final plat of Oak Bluff as being developed by Burl Oak West in Section 26 contingent upon a favorable title opinion and execution of the restrictive convenant on the open space; changing the last WHEREAS to WHEREAS the developer has paid an escrow for uncompleted work in the amount of $5,000. Also add a paragraph to the end, NOW, THEREFORE, BE IT FURTHER RESOLVED, the approval be contingent upon the developer paying the warranty escrow for grading, topsoil, seeding and blacktop in the amount of $8,000. (See Resolution R179-86) VOTE ON MOTION: ABSENT-Orttel. YES-Knight, Lachinski, Windschitl; NO-Elling; Motion carried. o o p CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl19-86 MOTION BY Councilman Lachinski to adopt the following: A RESOLUTION APPROVING THE PRELIMINARY PLAT OF OAK BLUFF AS BEING DEVELOPED BY CONTINENTAL DEVELOPMENT CORPORATION IN SECTION 26-32-24. WHEREAS, pursuant to published notice thereof, the Planning and zoning Commission has conducted a public hearing on the preliminary plat of Oak Bluff; and WHEREAS, as a result of such hearing and review, the Planning and Zoning Commission is recommending approval of such plat, citing as reasons for such recommendation as being 1) the plat is in conformance with the Comprehensive Plan, and 2) the plat meets the city ordinances; and WHEREAS, the City Council acknowledges that a recommendation has been received from the Park Board for land and cash; and WHEREAS, the City Council furbfuer acknowledges that the plat has been reviewed by the City Engineer and the Anoka County Highway Department. ( NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Preliminary Plat of Oak Bluff, noting the following: 1. For purposes of frontage, Lot 4 of Block 1 and Lot 1 of Block 2 will front on 148th Lane. 2. Lots 9 and 10, Block 4 shall have a minimum house pad elevation increased to 894. BE IT FURTHER RESOLVED that approval of the Plat is contingent upon the signing of the legal document regarding the open space. Such document shall include the following: 1. Be a deed to the City with a reversionary interest to the developer at such time as sewer and water becomes available to the property. 2. The City shall provide notice to the developer when sewer and water is, in fact, available to the property. 9 3. The developer agrees he has one year from the time that city sewer and water become available to the property to develop the open space area into a plat to its final form. In the ~.~tapproval is not obtained within one year from sewer and water availability, the ownership of the open space property will revert to the City to in turn be sold to some other developer ~i ( Q o o Rl19-86 Continued 4. The developer further agrees to assume the trunk assessment for storm sewer for the entire 80 acres at the time of development of the open space area, with the ponding area within that open space being used for this plat to be removed when said open space is developed. 5. The open space area being deeded to the City can be used for public purposes such as park, playground or public utility until such time as said open space reverts back to the developer. BE IT STILL FURTHER RESOLVED that said legal document regarding the open space is to be presented to the Council for approval prior to the signing by the Mayor and Clerk. MOTION seconded by Councilman and adopted by the City Council Elling at a Regular Meeting this 5th day of August, 1986, with Councilmen Elling, Lachinski, Orttel, Windschitl (Knight - Absent) voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Jerry Windschitl - Mayor ATTEST: p ( p o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R179-86 A RESOLUTION APPROVING THE FINAL PLAT OF OAK BLUFF AS BEING DEVELOPED BY BURL OAK WEST IN SECTION 26. WHEREAS, the City Council approved the preliminary plat of Oak Bluff; and WHEREAS, the developer has presented the Final Plat of Oak Bluff; and WHEREAS, the City Engineer has reviewed such plat for confor- mance with the preliminary plat; and WHEREAS, the City Attorney has received the abstract on the property being platted; and WHEREAS, the developer has agreed to pay for street sign costs; and WHEREAS, the park dedication has been dedicated for Oak Bluff; and WHEREAS, the developer has agreed to enter into a Development Contract for the required escrow which is to be determined by the City Engineer; and WHEREAS, the developer has agreed to pay to the City of Andover the costs of inspection, field/laboratory testing, street signs and installation which is to be determined by the City Engineer; and WHEREAS, the developer has paid an escrow for uncompleted work in the'amount of $5,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Oak Bluff as developed by Burl Oak West contingent upon a favorable title opinion and execution of the restrictive covenant on the open space. NOW, THEREFORE, BE IT FURTHER RESOLVED, the appproval be contingent upon the developer paying the warranty escrow for grading, topsoil, seeding and blacktop in the amount of $8,000. Adopted by the City Council of the City of Andover this 21st day of October , 1986. CITY OF ANDOVER ATTEST: ~;;Y~in~!c~~l ~or o o o Q CITY of ANDOVER PUBLIC HEARING - JANUARY 14, 1987 MINUTES Pursuant to notice published thereof, a Public Hearing for Project 87-3, sanitary sewer trunk and watermain facilities was called to order by Mayor Jerry Windschitl on January 14, 1987, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Councilman absent: Also present: Knight, Lachinski, Orttel Elling City Attorney, William G. Hawkins; TKDA Engineers, John Davidson and John Rodeberg; City Administrator/Engineer, James Schrantz; and others Mayor Windschitl explained the proposal is to extend the sanitary sewer trunk line to service the southeastern and central portions of the City, and to stage the developments and assessments for the use of that sewer facility. Because only a certain amount of sewer capacity is allocated to Andover by the Metropolitan Waste Control Commission, that capacity must be assigned to specific properties for specific time frames. The purpose of the hearing is to explain the project and to receive comments from affected residents as to when they feel their property would be developed. Mr. Davidson reviewed the improvement to provide gravity sanitary sewer to the ultimate urban service area, the size and location of the trunk sanitary sewer and watermain, the reasons the route north of Coon Creek was chosen for the sewer trunk line, and the areas from which petitions for sewer and water have already been received. Mayor Windschitl also reported on the events to date on the school district's efforts to site an elementary school within Andover. They are now looking at 20 acres of City property south of City Hall as their preferable site, and the City needs to determine whether or not it cap provide sewer and water to that school. It was his feeling if those utilities cannot be provided that the school district would look elsewhere for a site. This hearing is part of the process to find out what the property owners are planning regarding future development so the City can present a plan to the Metropolitan Council and MWCC to receive the allocation to serve that site. Mr. Davidson stated the City can only extend sewer at the maximum rate established by the MWCC, and the site being looked at by the school district could be serviced with a lateral line up Hanson Boulevard if the capacity is granted. o o , Q Public Hea.ing/87-3 Minutes - Janua.y 14, 1987 Page 2 M.. Davidson also explained because the intent is fo. an o.de.ly, p.og.essive .ate of development, those a.eas developing In the 1987 time f.ame wil I be assessed fi.st. This establishes the sequence of development and assessment. The p.oposal is to levy an a.ea assessment fo. those a.eas shown fo. 1987 development. At the same time, those a.eas scheduled fo. 1990-2000 will be .est.icted f.om development until that time and will not be assessed until those se.vices a.e p.ovlded to that a.ea. M.. Davidson went on to explain the assessment policy, noting the impo.tance of establishing a capital imp.ovements plan, that is the schedule of levying the assessments to meet the bond payments fo. the p.oject. The assessment .ates we.e established to be unifo.m fo. al I a.eas of the City and a.e inc.eased annually based on the Enginee.ing News Reco.d index. He .eviewed the a.ea and connection cha.ges fo. both sanita.y sewe. and wate., as wel I as othe. costs that ultimately would be assessed to hook up to those utilities. The a.ea assessment cha.ge fo. sanita.y sewe. is $821/ac.e fo. buildable p.ope.ty plus a connection cha.ge of $201.10 pe. .esidential unit. The a.ea assessment fo. wate. is $875/ac.e fo. buildable ac.eage plus a connection cha.ge of $950 pe. .esidential unit. The f.ont-foot assessment fo. late.al benefit is levied at the time the p.ope.ty hooks up to the system fo. p.e-existing lots along the t.unk line. The f.ont-foot assessment within developments is assessed at the time a neighbo.hood petitions fo. the utilities and a p.oject is done fo. that subdivision. A p.oposed assessment fo. each pa.cel was calculated and was available fo. p.ope.ty owne.s to view. M.. Davidson also explained when sanlta.y sewe. extends past p.ope.ty as is done when a subdivision petitions fo. utilities, the MWCC .egulations .equi.e connection to the facility within a two-yea. pe.iod. Mayo. Windschitl explained If a majo.ity ~etItion fo. wate. is .eceived f.om a neighbo.hood, then the wate. must be hooked up within one yea.. It has gene.ally been the Council's policy to o.de. a p.oject within a subdivision when the.e is a petition of at least 50 pe.cent in favo. of it, .eviewing the 429 p.ocedu.e fo. such p.ojects. Finally, M.. Davidson .epo.ted the p.oject is feasible, noted the pe.mlts that wil I need to be acqul.ed, and stated the total estimated p.oject costs a.e $2,015,850. The hea.ing was then opened fo. public testimony, fl.st to those whose p.ope.ties a.e p.oposed in the 1990-2000 development a.ea. Richa.d Fulle.. 13948 P.ai.ie Road - stated It was mentioned by putting in sewe. and wate., development can be accommodated to the density of two units pe. ac.e. He questioned whethe. the City .eally wants a density of two units pe. ac.e. He felt by slowing the extension of sewe. and wate., development can be slowed. The.e a.e 12 o o ~. o Public Hearing/87-3 Minutes - January 14, 1987 Page 3 units in his area, and he felt he could safely say 11 of them do not want sewer and water in the foreseeable future. He felt it is strange that the area to the northeast, which is generally developed, has been left out, but their area is left in. He also felt, given the topography, that it would easier to develop along the creek than to serve their area of 12 families. They moved to Andover because they were attracted to the large undeveloped parcels and they were not purchasing city lots. (applause from audience) He stated if he had wanted the smal I city lot, he would have purchased property in Golden Valley 15 minutes from work, but instead chose this area because of the open space and large lots that provided privacy. He stated he is worried they might lose them. (applause) Jack McKelvey. 15327 Niohtinoale - stated across from him on 154th, 13 houses are being put in and understands Nightengale Estates has asked for sewer and water. Council and Engineers noted that subdivision has not petitioned and has been excluded from the area because it is platted into 2 1/2-acre lots. Mr. McKelvey - thought a 40-acre parcel just north of hIm will be developed shortly. Should these come about and if those people were provided with utilities but he wasn't assessed for them, he is under the impression those assessments would have to be paid if he moved, even if it is before the 1990 time frame. Council and Engineers stated that would not be true if he was not levied an assessment but excluded from the project and the benefit. Mr. McKelvey - stated he moved out to Andover because he wanted to live in the country, not in the city. If the City is talking about assessing him in 1990, he said he's going to have to sell and move further out. He also felt the school will draw development of both homes and businesses, anticipating a school across from City Hall will force the sewer line to his area sooner than 1990. He doesn't want to see that, wanting to know if he has to put his place up for sale to move some place else. He has 20 acres, and utilities past his property would cost about $70,000. He didn't want to talk about sewer unti I past the year 2000. Mr. Schrantz stated the City is saying sewer would be available at that time, not that it would be put in. Councilman Lachinski also pointed out this process is to prevent property from developing before its time. So if his property is placed beyond the year 2000, he would not be able to develop it before then unless someone offered to gIve up their sewer capacity allotment. The City is allotted only so much capacity for each time period. Mr. McKelvey - felt that is true, except he felt a large developer would be able to force the issue and he, as a sma! I landowner, wouldn't have any say in the matter. Mayor Windschitl tried to explain the proposal, comparing it to a rationing system, with the Council choosIng who gets the sewer capacity based upon the desires of the property owners. o o Q Q Public Hearing/87-3 Minutes - January 14, 1987 Page 4 Mr. McKelvey - worries about this because he's heard the City Hall Is wanting sewer and water; and once it gets to the school, what's to stop it from then extending to the City Hall, past his property, etc. and escalate. Council discussIon with Mr. McKelvey was on the planning done to accommodate the feelings of property owners in this area in an effort to avoid forcing assessments on property before it is ready to develop. The Engineers thought It would be possible to exclude this district to beyond the year 2000 since it is on the edge of the boundary. Ernie Trettel. 1412 Andover Boulevard - owns 20 acres North of Andover and 10 acres south of Andover Boulevard. As long as he lives on those properties, he has no desire for water and sewer. When he moved to Andover six years ago, one of the things that attracted him was the orderly planninng for development. The property east of him was to be 2 1/2-acre lots. But then this Council changed that to a density five times that. He didn't see why those areas couldn't be left at 2 1/2 acres because there is a market for that too. (applause) Engineers noted that property stil I is zoned 2 1/2 acres, but sewer would now be available to enable it to be rezoned to smaller lots if the owner wants to develop. Tom Chouinard. 14123 Prairie Road - is totally against sewer and water. He purchased the place several years ago planning to retire there; but if he were assessed, there's no way he could stay there. He is not interested in developing his property. Georqe Holst - owns 10 acres north of the City Hall park complex and 30 acres between Nightengale and Hanson north of the Steffenson property. He thought only a part of the 3D-acre parcel is included in the district. Part of the reason he bought the property was to be able to have horses, noting amenities cited by others for living in the rural area. He'd Just~as soon live here and not be included in the sewered area. But if he is going to be assessed, he'd Just as soon know about it now to be able to sel I or develop it and move further out. Winslow Holasek. 1159 Andover Boulevard - would be adjacent to the proposed school site. When Mr. Schneider's property came in for 2 1/2 acres, he supported it; though he now thinks the Council was right In not al lowing such large lots because it would be difficult to move the sewer north if it was needed. The last thing he wants to do Is work a hardship on anyone else. If the school comes to the area, the trunk wi 11 come up to It. He felt that would be a viable time to develop his property across from it. That would help pay for that trunk and not force development further north. He would prefer sewer for his property off Hanson to coincide with the construction of the school if it would not force a hardship on anyone or on the rest of his property to the east. He wil I be providIng a letter of intent at the February Council meeting. They would be working on the same time schedule as the school, thinking they cou1d meet the time schedule this fal I. o o ~ Q Public Hearing/87-3 Minutes - January 14, 1987 Page 5 Council discussion with Mr. Holasek was on the parcels he wants sewered, those being the two 40's next to Hanson, about 10 acres on the next 40, plus approximately 23 acres north of Crosstown Boulevard which Is not in his ownership. He would not want to change the time frame for the 40's next to the railroad tracks nor his residence. Robert Nehrina. 14122 Prairie Road - would like the area to stay in 2 1/2-acre or low density beyond the year 2000. AI Chapman. north of Nehrina's on Prairie Road - stated his preference is a later date that 1990-2000. He asked if the plans are to service the entire area eventually, even if it's beyond 1990 or 2000. Mayor Windschitl explained the capacity is being designed to handle it. That doesn't necessarily mean the property will follow and develop. Mr. Chapman - asked if the decision for that capacity has already been made. Mayor Windschitl stated the overall capacity was established in the early 1970's when the original interceptor line came in from Coon Rapids. This is a continuation of that plan. Mr. Chapman - asked if those in the 1990 area would not be assessed until approximately that time or would the area assessment take place on al I property. Councilman Ortte) explained the earliest he could be assessed would be 1990. but it would be when he received the service or benefit. Jim Perry. 14191 Prairie Road - would prefer to be excluded from the line. Richard Erickson. 14610 Crosstown Boulevard - liked the present density, asking that the buildable part of his be in an area beyond the year 2000. Counci I noted the trunk J ine north of the creek wi II need to run through his property, but it is not an attempt to force development on his property. Mr. Erickson - asked how far the trunk line would come from his residence. The Engineers stated the specifics have not been determined, but they want to go around the peat land and stay on the slope so it doesn't destroy any of his high ground. They will work with Mr. Erickson for determining a mutually agreeable location. Al Hammel. Gauahn Company - has two pieces of property within the service area. One is north of City Hall which may not be serviced for 13 years until the year 2000, asking what are the possibilites for the development of that property in the meantime. Can it be developed as an estate homes area? Council stated no, that the moratorium on development within this proposed urban service area and this staging of the sewer extension is to prevent development on these properties until the sewer is available. o o ~ Q PublIc HearIng/87-3 MInutes - January 14, 1987 Page 6 Mr. Hammel - stated their preference would be to have utilities on that property in the 1988 or 1989 time frame, or as quickly as possible. The other parcel west of the raIlroad tracks is In the 1988-1990 timetable, which they are happy with. Gene VanHeel. 1220 Crosstown Boulevard - can/t afford the sewer and water assessments on hIs five acres, so he/d have to sell It. He/d prefer to be beyond the year 2000. Curtis Steffenson. 15411 Niahtenaale - would rather not see any sewer to his property at al I . Richard Schneider. 1343 Andover Boulevard - is opposed to any sewer or water coming into the area. He asked why there is such a large gap in time periods, as between 1990 and 2000 is a large variation in tIme. Mayor Windschitl explained once the document with different tIme frames is established, the Metropolitan Council will review it. The times are to say the earliest sewer would be provided would be the first year shown, in his case, 1990, unless someone from an earlier time frame would be willing to trade their development rights. Mr. Schneider - heard it said the City does not like to leapfrog, but in looking at the map, there is a bIg jump from Bunker to the area north. He asked why not develop in an orderly form from Bunker Lake Boulevard north. Council said that is what is being done with this proposal, and the alignment of the trunk not only is the most cost effective but can also serve a larger area of central Andover as well. The areas proposed in the 1990 - 2000 time frame will not be assessed until they are provided with sewer even if the trunk goes through it. Those areas are also stil I zoned R-l, but the moratorium on development wil I al low the City time to settle the Issue of development of areas before the sewer is available. The concern is with the large-lot developments where it is known sewer will eventually be extended to. Testimony was then opened to those areas in the time frames of 1988 - 1990 north of Andover Boulevard. RandY Welter. 14590 Bluebird Street - stated for his wel I and septic system have served hIm wel I. anything to do with city sewer or water. the last 9 years He doesn't want JoAnn Nelson 14531 Drake - is opposed to city sewer and water. If It does go through, when will It be assessed to them? Mayor WindschitJ stated when going Into a resIdentIal area, the project is assessed the year the work Is done normally over a is-year period at an interest rate of approximately 8 percent, depending on the bond market. o o Q o Public Hea.Ing/87-3 MInutes - Janua.y 14, 1987 Page 7 Debbie Wittel. 1522 145th Lane - Is opposed to city sewe. and wate., though they would like to see the school. She stated If it is in the st.eet and they sell the house, they do have to hook up to it. Council ag.eed. Leo Kozlowski. .ep.esentlno Sophie Kozlowski. 1021 C.osstown _ stated they a.e not going to commit fo. 0. against the section owned by he., .equesting .ese.ve .lght fo. futu.e study into this. He found it inte.esting that the ac.eage assessment is in excess of what p.ope.ty in the a.ea has been selling fo., and also that they a.e being put in of position of making decisions very quickly because of outside development. Michel Ie Erickson. 1428 146th Lane - asked if the vacant lots wil I be buildable when the city sewe. and wate. goes th.ough. Council stated yes. Ms. E.ickson - would lIke to see the school, but is opposed to city sewe. and wate. because they would have new neighbo.s on top of them, which they don't ca.e to have. Ron He..mann. 14560 D.ake - opposes any sewe. or wate. until past the yea. 2000. Eva Alarcon. 14567 D.ake - is opposed to sewe. and wate.. Ba.b Due... 2143 Bunke. Lake Bouleva.d - stated it looks like he. prope.ty is on the bo.de.line of two yea.s. She wondered if they a.e still proposing the const.uction past her place this summe.. M.. Davidson stated the sanita.y sewer and wate. would be extended past he. p.operty to Jay St.eet this summer. Pe.cy Tomlinson. representino Santa's Tree Farm - stated fo. a number of years they have been t.ying to understand what the City's plan was for their area. Last spring they sought info.mation, and based on that information planted a numbe. of seedling trees fo. Ch.istmas trees that wil I not be ha.vestable for at least seven, but more realistically eight to nine, yea.s. So they have been making constant investments on the best Info.mation that was available. If this goes through, they have wasted sizeable amounts of money fo. the last five to seven yea.s. He stated they need better information on which to plan. He asked why Lund's Eve.g.een Estates and anothe. a.ea are .emoved from the SUbject a.ea. Mayor Windschitl stated the City knows it doesn't have enough capacity to serve even the proposed area, so it is not practical to go into an existing large-lot development because the assessments would be extremely high. The idea was to let people know what is available and let them make a choice with that information. o o Q o Public Hearing/87-3 Minutes - January 14, 1987 Page 8 Mr. Tomlinson - stated they have made sizeable investments and would like to harvest those trees, and an assessment against the property would be astronomical. They would like to operate it as a tree farm for at least the next eight years, but they would like to see the time frame even beyond that. He stated they cannot give a time periOd at this time. Mayor Windschit! explained the City must submit a plan to the Metropolitan Council and MWCC for their approval. Once the time frames are established, It will be very difficult to change, stressing the importance of making an informed decision at this time. Mr. Tomlinson - hoped the Council would not approve the map and the time frame now, that the map would be revised and they be given another opportunity to speak based on the information given tonight. He thought they would be able to provide the City with a more definitive answer about their property within a couple days. Earl Norwood. Santa's Tree Farm - stated for years the policy established was for 2 1/2 acres. Here the position is one-half acre or less is better. Council noted the 2 1/2-acre lots are still the policy for that area outside the area to be sewered. Where it is known the sewer will be extended, the large lots will not be allowed, not wanting to Impose such assessments on large lots. Mr. Norwood - questioned whether we are a people city or an area city and is there something that says the city must convert to small lots. Council noted they are trying to protect property owner's rights, and many of those owners are asking to develop their land into urban lots. Mr. Norwood - asked if a purchase agreement has been signed with the school district. Council discussion with Mr. Norwood was that no purchase agreement has been signed yet, explaining the Council's preference for the southern school site. The policy for hooking up to sewer past their property was explained. If their property is excluded until 1995, there would be no assessment before then; but they wouldn't be al lowed to connect to the sewer either unless someone is wil ling to trade their time frame. Discussion was also on the question of orderly development, the intent being to provide utilities at the lowest cost but not force assessments before property is ready to develop. Mr. McKelvey - felt that the proposed plans could change very qUickly if, for instance, a large developer in a 1990-2000 area requested services in the next year or two, citing how the plans have changed from just last year. He felt the Metropolitan Council would provide that capacity, the point being the time frames could be changed. Mayor Windschitl noted that is beyo~d the control of the City, again explaining the importance of making an informed decision before sending the planning document to the Metropolitan Council. 1 o o ~, Q Public Hearlng/87-3 Minutes - January 14, 1987 Page 9 Bob Enolekino. Santa's Tree Farm - stated the decision they are being asked to make tonight is not of small significance. They have asked for the City's long range plans In making their investment plans. Now the City is talking about ending their business either prematurely or completely, and they are being asked to make that decision tonight with little information. If they were excluded from the area but sewer was run up Hanson to a school site, what would their assessment be. Council and Engineers explained there would be no assessment until the sewer became available to them. Chuck Cook. ContInental Development - would like to be in the most immediately available time frame, 1987 or 1988-1990. Testimony was then opened to any of the remaining areas. Richard Okerlund. 14317 Crosstown Boulevard - is selling his house; and if there is a pending assessment, it will ruin him. He is opposed to sewer and water, liking the country living. Council noted there is no pending assessment now, but thought it had been difficult to sell the parcels by the landfill without sewer and water. Dan Lizakowski. 2355 South Coon Creek Drive - was concerned with where the line would come through his property, asking if it is coming through whether he wants it or not. Mr. Davidson explained it would be in the street, not on his property. Mr. Lizakowski - stated he doesn't want sewer or water. He's been there 20 years and has never had a problem with sewer or water. Monroe Lindoren. 1719 Andover Boulevard - would prefer not to have city sewer and water, asking to be included with the tree farm. He is also speaking for his neighbor who couldn't be here tonight. Council asked that the neighbor submit her preference in writing. Berthie Grell. 14430 Quinn Drive - would just as soon have sewer, but not the water or streets, aSking how it would get to the area. Mayor Windschitl stated the engineering has not yet been done, though a number of proposals are being considered. Clarence Wirkus. 13435 Jay Street - wondered why the lot was included, why there is a jog in the map across Jay Street for the utilities, and why those south of him are not included. He also asked when the sewer and water would be going in. Council explained the one parcel was just rezoned to residential and those lots to the south wil I be serviced through the Coon Rapids line. The Engineers were asked to determined more specifically where that boundary would be. The sewer and water lines wil I be constructed along Bunker Lake Boulevard this summer, but would not be extended to his area untIl it was petitioned for. He would be assessed the area charge because the benefit would be available. o o o o Public Hearing/87-3 Minutes - January 14, 1987 Page 10 Merlyn Prochniak. 1836 Andover Boulevard - stated he would have no problem with the trunk line, and he would like to see water come in too because the area is next to the landfil I. Ron Leines. 1845 Andover Boulevard - asked if assessments are pending in the shaded area. When are assessments pending and when are they levied? He is selling his house and needs to know this. Council and Attorney noted there are no assessments pending In his area, as no projects have been ordered. They also explained the procedure for doing construction projects and assessing the costs. An assessment is not pending until a project Is ordered and is not levied until the project is completed. If this project is approved for construction in 1987, there would only be an area assessment pending for the sewer trunk line. They would have to petition for lateral service along the north side of Andover Boulevard and for water to be extended. Sherry Jellison. 1775 Bunker Lake Boulevard - asked if the trunk line will definitely go to Jay Street in 1987 and are there any plans to continue beyond on Bunker Lake Boulevard to Hanson. Mr. Davidson reviewed the plans to extend the line to Jay Street this summer, but there are no plans to extend to the north until It is petitioned for. Ms. Jellison - stated the proposed assessment for their property are very high. Mr. Davidson explained the amount shown is the entire assessment for sewer and water based on subdividing the property. Only the area assessment would be levied for the 1987 area at this time. Jim Ferris. 1907 Andover Boulevard - is opposed to any sewer or water. Ken NYstrom. 2245 South Coon Creek Drive - stated there was a petition before but there wasn't enough signatures to approve the the sewer project. Why is it being done now? He is in favor of the road, sewer and water but wants to be informed. Council explained the first petition was several years ago and was turned down because a majority were opposed, thinking many also wanted water, which couldn't be provided at that time. Another petition came In last fall from the Shady Knol I area, but a separate hearing will be held for that project; and everyone wi] I be notified of that hearing. This hearing is not for the internal lines for any development. Mr. Weisner. 14366 Quinn Street - wasn't in favor of sewer or water before and still is not. He asked how do they determine when or if this gets put In. Mayor Windschitl explained the internal development would not be considered unless the residents petitioned for it. To date, the City has not received a petition from their area. If a petition is received, those affected would be notified and another hearing held for the internal lines for that development. Mr. Weisner - stated he is opposed to sewer, water, and the trunk. o o Q Q Public HearinQ/87-3 Minutes - January 14, 1987 Page 11 DavId Tostenson. 14139 Crosstown Boulevard - is opposed to sewer and water. He asked about the costs listed for theIr propertIes. Mr. Davdison explaIned it relate~ to the officIal parcels of record based on size inclUding area assessments, connection charges, and front-foot lot benefit for sewer and water based on a density of two lots per acre, and based on today's costs. However, for this hearing, only area assessments are being considered, Council agreed the EngIneers will revise the map with time frames for specIfic areas based on this evening's testImony, and the hearing will be continued to February 12. MOTION by Knight, Seconded by Orttel, for continuance of this hearing to the Second Thursday in February. DISCUSSION: Don Erickson. 2387 South Coon Creek Drive. PIN 27 32 24 23 0002 _ asked to have his five acres excluded until beyond the year 2000. Motion carried unanimously. MeetIng continued to February 12, 1987. 10:43 p.m. RespectfUlly submitted, fL~ o o , o , Regular City CouncIl MeetIng MInutes - February 3, 1987 Page 9 PETITION FOR WATER AND SEWER/M. OLSON MOTION by Orttel, Seconded by Lachinski, the City Council acknowledge receipt of petition from Matt Olson for construction of sewer and water on Crosstown Boulevard. Motion carried unanImously. COUNTY 18 RELOCATION AGREEMENT WITH ANOKA COUNTY Mayor Windschitl reported he and Mr. Schrantz talked with the Coon Rapids Mayor today. Their plan is to construct from 131st to Andover's city limits. They wil I carry the project with Coon Rapids funds and will be paid back by the County. It isn't clear whether they will get interest back. He felt Andover needs to get an understanding on that from the County. The County Is askIng Andover to sign a similiar agreement to complete the road to Bunker Lake Boulevard, and It was his feelIng Andover should be paid the capitalized interest. Council also discussed the timing for the reimbursement The Mayor stated the intent was the County would pay it year, but the agreement says when funds are available. more definitIve time should be specified. by the County. back next Council felt a It was agreed to table this item until the interest question and repayment schedule is negeotiated with the County, suggesting it be on the agenda for the next regular meeting. MOTION by Knight, Seconded by Lachinski. to table this item. Motion carried unanimOUSly. REVIEW OF FACILITIES STAGING PLANS/87-3 Counci 1 reviewed the map staging util ities prepared by TKDA as a result of the public hearing for Project 87-3. Council generally agreed to the map as shown and prepared cover letter to be sent to affected residents, noting residents wil I have an opportunity to comment at the February 12 continued public hearing. Discussion noted the financing must be run based on the the staged areas. General consensus at this time was that a parcel wil I be assessed the area assessment on the first year of the dates noted on the map. Lateral asessments and connection charges will be picked up when the individual projects are done. ENTERPRISE BUDGET/WATER AND SEWER RESOLUTION ON RATES MOTION by Orttel, Seconded by Elling, that we continue items 5b and 6h until February 12. Motion carried unanimOUSly. o o o Q 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 Wlndschitl on February 12. 1987. 7:30 p.m.. at the Andover City Hall. 1685 Crosstown Boulevard NW. Andover. Minnesota. Councilmen present: Councilmen absent: Also present: Elling. Knight. Lachinski. Orttel None TKDA Engineers. John Davidson and John Rodeberg; City Engineering TechnIcian. Todd Haas; City 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 public hearing. The dates for prOViding the service are divIded into five periods: 1987 - 1990; 1988 - 1990; 1990 - 1995; 1995 - 2000; and 2000 and beyond. Mr. Davidson stated they have met wIth the staff of the MetropolItan CouncIl and Metropolitan Waste Control Commission. who have generally concurred wi th the procedure the cl ty Is taking. It will be encumbent upon the City to show that the development rate will coIncide with 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 Knoll AddItion. He also explaIned the alignment for sewer and water along Bunker Lake Boulevard and provIding the County shops wIth servIces. Finally. 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 watermain 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 Windschitl 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. o o ~ o SpecIal City CouncIl MeetIng February 12, 1987 - MInutes Page 2 (Continued Public HearIng/87-3> Mayor WindschItl noted a letter from Kenny and MaryAnn Slyzuk requesting their property off NIghtengale and east of CIty Hall, whIch Is in Ag Preserve, be placed In the 2000+ tIme frame. CouncIl agreed to place that area, plus the small lot off NIghtengale whIch is surrounded by the Slyzuk property, In the 2000+ tIme frame. Mayor Windschltl noted a letter from Allen & Renee Chapman, 14212 PraIrie Road, requesting to be placed In the 2000+ tIme frame. Council agreed to place that property in the 2000+ time frame, noting that Is consistent with his request at the previous 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, It Is severIng the eastern portIon of the MUSA boundary. He suggested the CouncIl could consIder dealIng wIth the lots on 140th IndIvIdually such as grantIng deferments, abatements, or contInuatIons. CouncIl took no actIon to change the tIme frame from the 1990-2000 time frame shown for 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 charged any assessments? Mr. Schrantz explained if the project is ordered tonIght, he would have a pendIng assessment for sewer trunk area, which is $821 per acre, because he Is within the 1987-1990 time frame. Don EmmerIch. 2439 cSouth 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 corner of Shady Knol I Just east of section line also asked to be exempted. Council agreed to leave that parcel in the 1987-1990 time frame and consider it agaIn when the hearings are held for the internal lines of Shady Knol I . o o , Q Special City Council Meeting February 12, 1987 - Minutes Page 3 (Continued Public Hearlng/87-3) Percv Tomlinson. Santa's Tree Farm - asked if there will 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 Lindaren. 1719 Andover Boulevard - asked what Is meant by hOlding another hearing for individual areas. Council 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 Adler. 1480 Andover Boulevard - asked what the dates mean regarding assessment purposes. When will they start being assessed? Council 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. Council 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. Council stated sometime within that 1995-2000 time frame In his area, another hearing would be held regarding the leVYing of the sewer area assessment before the assessment would actually be levied. There is the pOSSibility if the funds are not needed for the bond, the assessment may not be levied at that time if the property owners would prefer to delay It further. Mr. Adler - argued against the proposals, aSking if the people were asked what they want or Is It just the Council and Engineers deciding who will benefit. Council and Engineers noted the hearings that have been held, the residential input, and the requests for the services, Including those all around Mr. Adler'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 o o q o Special City Council 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 Council 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. Council 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 this proposal 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 its time. Council also felt they were respecting the position of those property owners by plaCing the time frame for 1995-2000, recognizing that sewer lines will be running right by or right through those properties before that time. Council 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 landfill. 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 wil I be surveYing to define the actual location across the property. The City 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. Mr. 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. o o ~ o SpecIal City Council 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 hIli 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 the ultimate service area. map. a descrIption of the northern boundary of The Engineers noted the boundary on the DIck SchneIder. 1343 Andover Boulevard NW - stated he talked to a number of people where he lives, and they are all 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 If 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. CouncIl 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 wIth 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 CIty that wll I remain In large 2 1/2-acre developments. Also, ultimately everyone who Is serviced wII I be done so at the same costs for the utIlitIes, so no one Is payIng for someone else/s benefIt. ~ o o Special City Council MeetIng February 12, 1987 - MInutes Page 6 <Continued Public Hearing/87-3) CouncIl noted It has been the Clty/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 wIll 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 crpssIng will be gravity, but It Is not known whether the second crossIng will be gravIty or by Inverted sIphon. They know It will not be a lift statIon. Mr. Adler - asked if an Issue such as thIs Is ever brought to a vote by the residents. CouncIl explaIned there are no provIsions In the law to do so, notIng the legal requIrements of the CouncIl In the orderIng of such Improvements. In subdIvIsIons, it has been the CouncII/s posItIon to ask for a majorIty petItIon before orderIng an improvement. CouncIl 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. CouncIl agreed to dIscuss thIs item further at the February 17 meeting. Mr. Llndaren - stated there are three houses next to hIm, plus the lot in the corner I s a swamp. He asked 1 f they cou I d be extended 1 n to the same tIme frame as the tree farm. Council 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 If 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. o 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. ~ o o 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. Council noted that has been the CIty's polley, 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. Council 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 wIll 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 Wllbers 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 Out lots 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 outlots. CouncIl agreed. MOTION by LachInskI, Seconded by Orttel, that we close the publIc Input portIon of the public hearing. Motion carried unanimously. Council then reviewed the Changes agreed to this evening on the sanitary sewer servIce/assessment areas staging map, those being the Slyzuk property, the Chapman property, and the seven westerly lots along South Coon Creek DrIve placed In the 2000+ time frame; 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 February 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. o MOTION by Orttel, Seconded by EllIng, a ResolutIon ordering the improvement of sanitary sewer and watermaln, 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 Rolling Oaks AddItIons, NIghtingale Estates AddItions and the south part of Watt's Garden Acres area, -ahdalrecting preparatIon of final plans and specifIcations, as prepared. (See Resolution R020-87) VOTE ON MOTION: YES-EllIng, KnIght, LachinskI, Orttel; PRESENT- WindschItl, as he is directly affected by a portion of the project. Motion carried. ~ o o Special City Council Meeting February 12, 1987 - Minutes Page 8 (Continued Public Hearing/87-~) MOTION by Orttel, Seconded by Lachlnski, 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. Council agreed the school location 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 Windschitl 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 additional 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. o Mayor Windschitl 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 Willing 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 ball 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. ~ ~ o Regular City Council Meeting February 17, 1987 - Minutes Page 9 FINAL APPROVAL OF COMPREHENSIVE SEWER STAGING PLAN Council agreed to change the Steffenson property off Nightengale to the 1990-1995 time frame as requested earlier this evening. Councilman Orttel also questioned including the City property. It will only be developed as atheltic fields, so the residents should not have to pay an assessment for services that will not be utilized. And that capacity could be added elsewhere. After further discussion, it was agreed to leave it in, recognizing it could be traded if other areas need the capacity in the future. Discussion was on the time frame for the Oak Bluff development. Three houses are built on the 26 lots. Council debated whether utilities should be put in now before the remaining lots are built on, recognizing that may prevent the sale of some lots in the immediate future until the utilities are in; or to leave it in the 1995-2000 time frame and have the decision of bringing in the utilities made at that time. recognizing it would then be developed by incurring the costs of private septic systems and wells. It was finally agreed the area assessment Charge should be levied in the 1987-1990 time frame. Winslow Holasek - asked that his property directly across from the proposed school site be in the 1987 time frame to accommodate his development. Council agreed to include apprOXimately 40 acres in the 1987 time frame which would allow for development of his first phase. Discussion was then on the request by Chuck Cook for his property between the Oak Bluff development and Hanson Boulevard. Council agreed to include that area in the 1987 time frame as well. MOTION by Orttel, Seconded by Lachinski, that the property known as Oak Bluff Estates be included in the 1987 improvement area with the intent of hOlding a public hearing to assess area Charges in 1987 for sewer and water. DISCUSSION: Council acknowledged the other areas of Holasek and Cook will require pUblic hearings as well. Motion carried unanimously. o Bill HUDD. Andover Boulevard - requested the portion of his property which includes the house be put in an earlier time frame. It is in the 1995-2000 period now. Council agreed to place it in the 1988-1990 time frame, which is the same as the property to the west. The southern boundary would be the same as the property to the west, with the lowland behind It remaining in the 1995-2000 period. MOTION by Knight, Seconded by Lachinskl, a Resolution approving Andover/s sanitary sewer staging plan to the year 2000 as presented and amended here tonight. (See Resolution R024-87) Motion carried unanimously. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION ORIGINATING DEPARTMENT APPROVED FOR NO. Approval of Sonterre AGENDA Land Purch"''''''' ITEM NO. 3 Vicki Volk BY: BY: Bill Hawkins will be present to discuss this item with the Council. COUNCIL ACTION C MOTION BY SECOND BY TO DATE M~r,...h "ll . ]~V7