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HomeMy WebLinkAboutSP July 27, 1977 CITY of ANDOVER SPECIAL CITY COUNCIL/PLANNING AND ZONING COMlIISSION MEETING JULY 27, 1977 MINUTES A Special !1eeting of the Andover City Council and the Planning and Zoning Commission was called to order by Mayor Windschitl at 7:30 p,m" at the Andover City Hall, 1685 Crosstown Boulevard In1, Anoka, Minnesota, Councilpersons present: Lachinsk1, McClure, Orttel, VanderLaan Commissioners present: Bruns, Elling, Chairman Jacobson, Johanson, Retzlaff Commissioners absent: Bosell, Kishel Also present: City Attorney, William G, Hawkins; TKDA Consulting Engineer, D, K, Kasma; and City Clerk, P, K, Lindquist Northwoods/Red Oaks Discussion Mayor Windschitl reviewed what had happened at the Coon Creek Watershed Board meeting on Monday night, July 25, explaining that little was resolved at that meeting with regard to allowing the !lorthwoods area to drain into Coon Creek, Since then, Attorney Hawkins has talked with the Watershed Attorney and has come to a workable agreement on this situation, The Coon Creek Watershed is gOing to publicize the Public Hearing to be held the end of August, and Hr, Hawkins has received assurance that it will then be ordered in our favor. The only other alternative \~have is, if for some reason they deny it, to commence a lawsuit based on.théir entire proceedings being arbitrary, !~, Kasma, TKDA Consulting Engineer, stated we are in a position to award the bids for Northwoods and Red Oaks tonight, !~, Stocmvell talked with the Watershed Engineer today and was assured by him that he would recommend approval to the Coon Creek Watershed Board for the Northwoods Addition based on our Comprehensive Storm Drainage Plan, A letter was received from the Anoka County Health Department concerning the pondëadjacent to the landfill in Red Oaks, They had little concern of the affects of that pond but did request that no dredging, of the pond be undertaken since this may cause some change in the natural ~round water flow; and any increase in the water table due to the project may require, at a later date, that an outlet for the pond be provided, I~, Kasma explained that if an outlet would have to be provided, the logical way would be to go to the creek, This facility was designed for a lOO-year storm; and knowing the ground water table in wet years, we have allowed adequate capacity for that, lIe saw no reason in the future for there to be any pumping of any of the ponds, I~, Kasma also stated that ultimately it is planned fOr some excavation of the pond on the side away from the landfill, but not dredging, I, would just be widened out to square it up to provide more surface area, and the PCA has no problem with that, !~, Kasma further stated they have talked with , the Minnesota De~artment of Health who has promised a letter to the same effect, By approving bids tonight, a week's progress would be added to the project as opposed to , waiting to approve bids next week, It is important to get started as soon as possible, Attorney Hawkins ¡stated the indication he got from the Watershed Attorney was that they have to hold thi~ Public Hearing under their Statute of a City petitioning to drain into a creek, Their Attorney assured !~, Hawkins that he didn't feel there would be any problem with thed anproving it, and that he would advise the Watershed Board that to turn us down would be !arbttrary and capricious and that Andover could then commence a lawsuit against them, !~, hawkins stated that actual formal approval would not come until August 22, but in speaking with their Attorney and their Engineer, there apprently is not going to be a problem, and from all indications it is virtually certain it will be Special City Council/Planning and Zoning Commission Meeting July 27, 1977 - !1inutes Pa~e 2 (Northwoods/Red Oaks Discussion, Continued) ap~roved.on the 22nd, Because of this, r~, Hawkins felt that bids on this project could be awarded now. Iw, Hawkins also stated, according to the Statute, once the Watershed Board impose a charr,e, they also can impose a charge to the same extent of the original assessment for maintenance, repair, etc., in Andover's case, up to $300, Comments from Councilpersons I!cClure and VanderLaan, and !1s, Lindquist were that the residents are concerned about what the Council is doing with the project, They want it done as soon as þossible since it has been ordered, fearing if the project is postponed until next year the costs will rise, No calls have been received from residents in opposition. to the project, MOTION by Lachinski, Seconded by Orttel, introducing a Resolution awarding contract to Forest Lake Contractin~, Inc., for the Improvement of Streets and Storm Sewers in the Ped Oaks and Northwoods Additions (See Resolution R89-7) VOTE O!! HOTIO!!: YES-Lachinski, Orttel, VanderLaan, Windschitl; PRESÐfT-HcClure, as he is a resident of Red Oaks and is directly affected by the project, !lotion carried, Mr, Hawkins informed the Council he is investigating the cost of the possibility of having him and the bonding attorney in his firm prepare the prospectus, the no tic e, and open the bids for the bonds necessary for financing this project, It was his feeling that he could handle these routine improvement project issues for less money than the fiscal agent could and guaranteed the cost would not exceed the minimum charge of the fiscal ap;ent, He asked the Council to consider him and the bonding attorney to get involved in these things, Attorney Hawkins will present more precise figures on this and a statement that it will not exceed the minimum charge imposed by the fiscal agent at the next Council meeting. Final Systems Statement Discussion The Council andlthe Commission discussed the Hetropolitan System Statement for the City of Andover. The questions raised and comments made were: I Population Figures - !Tow the population is split about 50/50 between the rural and urban areas in the City, with approximately 4,000 people in the rural area, The revised population figures for 1990 indicate 12,000 people in Andover, indicating approximately , 11,000 people living in the sewered area, The issue being skirted is in terms of how they break dovm/as to where they live in the City, There seems to be a discrepancy here since there are already 4,000 people in the rural area now and they are proposing there be only 1,000 i~ the year 1990, Is this an error or done on purpose linked to the possibility of an airport in the area? The Clerk stated Hetro Council population figures seem to be based on maps done in 1975, and since then at least 10 plats have been approved in the rural area. Discussion was ds to why no wet industry is anticipated in Andover. Ultimate sewage flow capacity is 30,000 connections, and there should be nothing to re3trict us from having that capacity, 1 Housin~ - Provi ing low cost housing was discussed, Guidelines should be forthcoming regarding the definition of high-density housing and moderate cost housing, Alternatives . , to simply reducing the size Of the lot to provide moderate cost housing are mobile homes and tovmhouses. There is probably going to be a lot of pressure to reduce the lot sizes in the sewerad area. The Hetropolitàn Council's idea of 0 moderate cost home is not necessarily one to lower the cost of the home but qualifying for subsidies, The discussion referred to the implementation of the plan once it is adopted, Special City Council/Planning and Zoning Commission Heeting July 27, 1977 - Hinutes Page 3 (Final Systems Statement Discussion, Continued) Transportation, Airport - If an airport were to be put in Andover, the highway trans- portation system in the Systems Statement would be completely inadecµate, Commissioner Jacobson stated the staff at the Board of Physical Development expected the new data coming in to show that no airport would be needed at least until 1990 or 2000; therefore, it was their feeling that the whole airport issue out here would be dropped, Commissioner Jacobson also stated that Sandy Dean at the Metro Council and the Chairman of the Airports Commission both had the feeling that this was the case -- that new data will show that the north airport search area will not be needed and it will be dropped, Commissioner Jacobson interpreted the procedure to mean that if the City disagrees with what is vÅ“itten on the Systems Statement, the best thing to do is a stipulation be entered that after the Hearing is held, if the airport is deleted, the Systems Statement will be good except for the airports portion, If the airport stays in, the stipulation allows us to go back and change everything that relates to the airport, Councilperson Lachinski questioned the interpretation of the Statement on page 15 relating to information forwarded to us before January 1, 1978, being reflected in our Comprehensi~ Plan -- does this leave us with an airport search area or not? Commissioner Jacobson interpreted that to mean if information is not provided before that date as the law provid~s, we do not have to plan for the airport, lYì~ ,y-'tt,,;.' ;:!.c-.,.,-1';/ ,J.- Genéral)consens¡i&'was this document is not ta~~ng into an account the airport search site; and if the site would not be used, the Systems Statement would be accurate, It seems their plan for the rural area is minimal development, so it wouldn't matter whether the airport is put there -- that shouldn't change our plans any, But if they do put the airport in, just about everything in the Systems Statement will need to be changed, It is their respons,ibility to get the information to the City by January 1, 1978, It would be in our interest to do what they recommend so we would be able to express the City's position on this issue, "",/"j Hap on page 14 - has a significant number of érróÅ¡'on it (Prairie Road, Crosstown as a I ma~or street, Hanson, County Poad 7), It is not consistent with the County's plan, The City Clerk vms directed to write a letter to TKDA asking them, in working with Anoka County, to; provide the Hetropolitan Council with the most current map for their functional classifications, I Page 13, Hetropolitan Bus Poute map - part of Andover is taxed by the lIetropolitan Transit Commission, This issue was addressed previously saying that even though residents of , Andover are not directly serviced, they get indirect benefit by having fewer cars on , the roads they drive on, It takes a bill from the State Legis~ature to exempt the Andover residents from this tax, I Page 16 - Round rake is still designated as a seaplane operation, We were told that this issue is going tD be reviewed by the I~C and will be referred to the Hinnesota Department of Transportatioh, The Clerk was directed to talk with Lyle Bradley who is familiar with the situation, ahd/or refer it to the Park Board and see that a letter stating our objections to bel sent to the Hinnesota Department of Transportation and to Sandy Dean, The City Clerk WaS directed to talk with and I'Å“i te to Sandy Dean dealing with the discrepancy in the rural population figures and the question of wet industry in the City, hopefully, I to receive an aswer before Tuesday night's Council meeting, The Council can then decide whether to ask for a Hearing on these items or on just the airport issue by itself, I Special City Council/Planning and Zoning Commission Heeting July 27, 1977 - Hinutes Page h (Final Syste~s State~ent Discussion, Continued) A suggestion was the City should ask for the stipulation, but at the same time file our objection about the airport VQth the Land Use Advisory Committee, In case the Hetro Coûncil would not grant that stipulation, Andover would have so~ething to fall back on, In other words, file for the Hearing pending approval of this subsequent hearing, The Clerk was directed to ask them if we can have 11 commitment from the I!etropolitan Council itself stating we are eligible for this additional Hearing if the airport issue is continued, Councilperson VanderLaan stated before we formally file for a Reconciliation Hearing, the City Council needs to address the issue of the airport in more detail to define those issues rer,arding the airþort issue. Planntn¡;; Consultant Discussion Commissioner Jacohson explained that the P & Z interviewed a number of people resulting in a motion recommending Bernard Steffan be used by the City Council if, and only if, they feel a conflict exists in the Syste~s State~ent and felt so~e expertise would be needed to reconcile it with the Hetropolitan Council, He would not be a planner after the Syste~s State~ent is finalized, The P & Z is looldng at three other Planning Consultants at the present time for the implementation of the Final Systems State~ent to take over January 1, 1978, Councilperson Lachinsr~ felt there would be additional conflicts during the implementation of that Final Systems Statement which !fr, Steffans would help the City reconcile with the Hetropolitan Council, Bernard Steffan stated, in"listening to the discussion on the Systems Statement, he felt , the issues had been properly defined and didn't feel there would be any great problem in getting the~ resolved YQth the !Ietropolitan Council, He advised that since the co~munity wants the airport question re~oved from the planning process, that the City be sure to follow the procedure recommended in the Land Use Planning Act for reconciliation tightly enough s~ the City is protected and can raise the issue if they don't take it out or do not act promptly enough -- protected against the airport issue just being ignored come JanJary, He felt the major issue the City of Andover has is the development of the rural area -- the lot sizes and the amount of development in that rural area, To be sure the Citylprotects itself against them delaying that decision is the one serious thing between now ¡and the date we need to reply on the Final Systems Statement, On the population figures, the City needs to be protected against a change occurring without an opportunity to b~ heard (population figures being redistributed as other communities challenge their Systems Statements), Hr, Steffan stated they have not planned this community for an 'airport and there is an inconsistency on the Systems Statement by leaving the airport in i~, He believes there are needs for systematically going about the process that the :City faces over the next three years, He suggested the City take what it has done and ~et ~olicies resol~, then decide whether the City has the facilities to do the Comprehensive Plan or whether it wants to hire someone to do it, It was that kind of service !.<r, Steffans had in mind when he proposed the ~4,000 figure; he felt the City didn't have ~4,OOO worth of need right now in its reconciliation, He saw his role as an expediter'i an ad~inistrative sense to get the planning process going and being, , in a sense, a spefial purpose attorney for the planning process, Hr, Steffan explained that the City of Ramsey has 10 acreS in the rural area, 2t in the transit area, andl 10,000 square feet in the urban area vdth a density of 8 to 15 in terms of multiples, The 10-acre area has a disclaimer in it that this is what they are willing to accept temporarily pending a review of what happens in the surrounding communities, In nracticality the land in the rural area that is affected by the 10-acre lots is r~latively small, He personally did not believe that the agree~ent with 10 acres would hold, ~~, Steffan started working with the Township of Ramsey and worked with the Council Special City Council/Planning and Zoning Commission Heeting July 27, 1977 - Hinutes Page .~ (Planning Consultant Discussion, Continued) in setting policy about the development of the City, He was part of their planning process but not as a planner and has been doing sor.1e Vlork with the I!etropolitan Council on Ramseyl3 Comprehensive Plan, Ramsey is planning their Community in three different stages beginning with the urban area, I~, Steffan, in conjunction with the others in the City, took the planning effort that's been done, stated what needed to be done to comply at this time, and stated how it was to be done, He felt he would operate as a go-between between a planning expertise and the general concerns of the community -- an expediter to be sure the planner does what needs to be done and to be sure the Council makes the necessary decisions when they need to be made, It's an administrative role to make sure the work is done_ lfuyor Windschitl felt it was the Council and the Planning and Zoning Commission's obligation to layout policy, changes, and directions to the Plan ahead of hiring any nlanner, 11r, Steffan agreed this was the responsibility of the Council, He felt he would act in a generalist role, one who knows enough about the processes to be able to talk to all the specialists and say this looks like the way to solve the problem, Commissioner Jacobson originally envisioned J~, Steffan's role of reconciling the Final Systems Statement with Metro Council should we have some problems with it, But there is a point in that while the planner is working to implement theSystems Statement and the !!etro Council disagrees with it, he would be the one to deal vdth the reconciliation of the differences, Councilperson VanderLaan stated the administrative makeup of Ramsey and Andover is essentially different in that Andover's City Clerk has the administrative power necessary to see that everything gets done, She questioned if we actually need someone to administrate what is going on in the City as we have competent staff at this point, The situation between Ramsey and Andover is quite differcnt in that the advent of an administrative consultant in addition to City staff and in addition to a City Attorney and a City En,ineer is quite different than ~hat Ramsey's situation was when I~, Steffan was hired, ITe could make sure we've legally covered all bases at this time by our City Attorney, Councilperson VanderLaan also felt that by hiring I~, Steffan at this time, the City \1ould not be spending the monies coming from the !·!etropoli tan Council vdsely, \'Ie can save , money by hiring a planner to \1ork \71th the P & Z to interpret what is needed in the Comprehensive Plan \1ith regard to the L3nd Use Planning Act, Councilperson Or~tel felt he wanted the airport issue resolved before entering into a , planning agreement \1ith anyone, If we don't have a major problem on our Systems Statement, the question of hiring !~, Steffan ~ould not be necessary until sometime in the future, probably about 61 months, He felt we probably \1ill have Some problems later on, but we should make sure we have problems, then consider this matter, Councilperson Orttel also felt that since there are some questions which, hopefully, the Clerk vdll have ans~ered by the next meeting on the population figures, the Hearing for the airport, etc" , this discussion shoúld be continued until those questions are answered, I Co~~isGioner Bruns felt we need to address ourselves to eliminatin~ the airport site. He explained thclP & Z felt one person wouldn't be both a planner and a liason consultant, so \1e ~uuld hire one of each, The position of the administrative consultant was never discussed, The ,¡ecommendation to the Council was on the premise that he would play an advocacy role for our City in terms of any conflicts we have vdth the Systems Statement, Commissioner Brurts felt ~e've indicated tonight that we do have a conflict with the , airport, and we should address ourselves to that. Mayor \'Iindschitl looked at the air- port issue now as a procedural problem, Commissioner Bruns felt we have a person here Srecial City Council/Planning and Zoning Com!Oission Heeting July 27, 1977 - Hinutes PaGe 6 (Planning Consultant Discussion, Continued) who is f'''''iliar 'IIi th the proc edures and knows his way around the Hetro Council, tha t it would be adeguatèly representative of our Community to hire I~, Steffan on that basis, Councilrerson Lachinski felt we should begin our planning now, If we determine and substantiate what we want to do by passing appropriate Ordinances, then when the Metro Council disagrees, we TIill have all the data supporting our position, He felt the Syste~s Statement is inconsistent as all statements in there relate to not having an airport in the City and yet the airport is still being proposed, This is a complex issue, and he felt that we are goin~ to noed some legal advice on this matter and I~, Steffan See,"s to have the lias on capability"with the Hetropolitan Council that we need to resolve these proble,"s with them, I~, Steffan stated the issue here is to get what needs to be done done, not to deal with whose right it is, He didn't feel the differenceD beb'¡een Andover and Ramsey V{ere quite as they were stated and said there is a need to decide on some basic compromises and policies, a format for the Planning Co~~ission to work in, and proceed, The staff you use to do that is not nearly as important as deciding to do it, Co,"",issioner Jacobson explained that if there is any Jdnd of !Oistake in the Final Syste!Os Statement, it has to be brought to their attention along with our objection or we loose the right to change it, It needs to be filed because it takes official action to change or correct it. Co!Omissioner TIetzlaff stated that any procedural questions we have now will be addressed to 1,~, Hawkins who would be able to advise us on anything regarding the Syste!Os Statement, The Council has to make sure the City is safe¡;uarded, The matter uan carried over until the Tuesday, August 2, Regular Council Heating. H0TI01T by HcClure, Seconded by VanderLaan, to adjourn, Hotion carried unani,"ously, Heetin?, adjourned at 10:21 P,,", I Respectfully sub!Oitted, I' ,.~ ~ ! ~~d~ f !,~:,.cella A, Peac~ Reoording Secretary , - , . ,. f; ¡ 'J ~