4.0. SR 09-12-1994
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ITEM 4.
MEMORANDUM
TO:
Mayor and City Council
FROM:
Pat Klaers, City Admin~::/
September 9, 1994 \fdJ /
Sandpiper Resolution '/
DATE:
SUBJECT:
Attached for your review is the draft Sandpiper Resolution as
discussed by the Council at its 9/6/94 meeting. The City Attorney will
be present at this meeting to review this resolution with the Council.
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
FROM LRRKIN HOFFMRN DRLY LINDGREN 612-8963265
99.99.1994 12'99
P. 2
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CITY OF ELK RIVER
CITY COUNCIL
RESOLUTION NO. 94 -
A RESOLUTION AMENDING THE WESTERN AREA PHASE II
IMPROVEMENT PROJECT TO DELETE THE SANDPIPER ESTATES
SUBDIVISION FROM THE PROJECT
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RECITALS
The City Council of the City of Elk River has ordered the
installation of a pUblic improvement project known as the Western
Area Phase II Improvements of 1994 (the Project). The purpose of
the Project is to extend public utilities from their existing
terminus near City Hall further towards the western boundary of the
City, to serve the Sherburne County Administration Building
property and all properties between. Among the properties
potentially served by and benefitted by the Project is a single-
family subdivision known as Sandpiper Estates.
Sandpiper Estates is a forty-four (44) lot, single-family
subdivision platted in 1986 and 1987 as a large lot rural
residential community with one-acre minimum lot sizes. Twenty-four
(24) of the forty-four (44) lots have been built on, and seventeen
(17) remain in the ownership of the Developer. Each of the twenty-
four (24) existing homes within Sandpiper Estates has its own well
and septic system, all of which have been installed within the last
four (4) years and, if properly maintained, have an expected useful
life of from ten (10) to fifteen (15) years.
The City Council has held a number of public hearings to take
testimony and discuss the impact of the Project on the homeowners
. in Sandpiper Estates. During these hearings the majority of the
existing homeowners within Sandpiper Estates have indicated to the
Council they do not desire to have public utilities extended into
their neighborhood because their existing wells and septic systems
have a long remaining useful life and they find large lot sizes
desirable. The Developer who owns the balance of the lots within
Sandpiper Estates has attended at least two of these hearings and
has not taken a position ,either way.
FINDINGS
1.
The City's normal policy when extending trunk sanitary
sewer and water facilities is to install lateral lines
sufficient to provide City water and sanitary sewer
service to all properties within the City'S urban services
district which can be served by the trunk facilities, and
to require these properties to connect to City water and
sanitary sewer. These properties are assessed a portion
of the cost of the trunk and lateral facilities, and
related street and storm sewer improvements, as provided
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FROM LARKIH HOFFMAN DALY LINDGREN 612-8963265
99.99.1994 12'99
P. 3
2.
by City assessment practices. The purpose of this policy
is to protect the public health, safety and welfare by
providing safe drinking water, sanitary sewer service and
proper storm water management to all properties within the
City's urban services district. This will remain the
City's policy.
Sandpiper Estates presents a unique situation for the
following reasons:
(a) All lots within Sandpiper Estates are at least one
(1) acre in size or larger. These large lots provide
sufficient room for on-site storm water management
and for on-site septic systems, including repairs and
extensions of systems that may fail.
(b) Sandpiper Estates is a new subdivision with existing
wells and septic systems which are only a few years
old. These on-site systems, if properly maintained,
can be expected to function adequately for 10 to 15
additional years.
(c) Sandpiper Estates is located on generally stable
soils far from any public waters. The potential for
failed septic systems to pollute public waters
appears to be minimal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Elk River, Minnesota, as follows:
1. The City Engineer is directed to delete Sandpiper
Estates from the Western Area Phase II Improvement
Project. Although trUnk sanitary sewer and water
lines will be installed under 183rd Street through
Sandpiper Estates, no lateral lines or individual
service stubs will be extended from these trunk
facilities to serve Sandpiper Estates, and no
properties within Sandpiper Estates will be allowed
to connect directly to the trunk lines. Following
installation of the trunk facilities, 183rd Street
will be returned to its existing condition within
Sandpiper Estates.
2. None of the forty-four (44) lots within Sandpiper
Estates will be assessed any amounts for public
improvements related to the Western Area Phase II
Improvement project.
The City will proceed to rezone the Sandpiper Estates
Subdivision to the City'S R-1B zoning district, or to
a new zoning district, providing a minimum lot size
of one acre for properties not connected to City
sewer and water. By this Resolution, the Council
adopts a moratorium preventing any lot splits within
3.
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FROM LRRKIN HOFFMRN DRLY LINDGREN 612-8963265
99.99.1994 12'10
P. 4
the Sandpiper Estates Subdivision which result in any
lot being less than one acre, until the entire
Sandpiper Estates Subdivision is rezoned into an
appropriate zoning district providing for a minimum
one acre lot size for lots not connected to City
water and sewer.
4.
Sandpiper Estates will remain in the City's sewer and
water district. However, it is this City Council's
intent that:
(a) No lot within Sandpiper Estates will have access
to sanitary sewer and City water service unless
that lot has paid its fair share for the cost of
trunk sanitary sewer and water facilities
installed as part of the Western Area Phase II
project, and any lateral facilities necessary to
make sanitary sewer and water service available
to that lot.
(b) City water and sanitary sewer service will not
be extended into or made available within
Sandpiper Estates unless:
(i) A majority of the property owners within
Sandpiper Estates petition the City to
install sanitary sewer and City water and
agree to pay the cost of extending
utilities through the Subdivision as
provided by the City's policies in effect
at the time of the petition; or
(ii) The City Council of the City of Elk River
orders the installation of utilities within
the Sandpiper Estates Subdivision to
address environmental or other concerns.
(c) Decisions with respect to future installation of
sanitary sewer and water service into Sandpiper
Estates will be made pursuant to then existing
state laws and City ordinances and policies.
This City Council does not intend to bind any
future City Council which may be required to
address this issue.
Passed and adopted by the City Council of the City of Elk River
this ____ day of September, 1994.
Henry A. Duitsman, Mayor
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FROM L~RKIN HOFFMRN DALY LINDGREN 612-8963265
ATTEST:
Sandra A. Thackeray, City Clerk
PKB:JH2s
4.
99.99.1994 12'11
P. 5