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HomeMy WebLinkAboutCC October 3, 1978 CITY of ANDOVER REGULAR CITY COUNCIL MEETING - OCTOBER 3, 1978 AGENDA l. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Public Hearings - None Bond Sale - $430,000.00 G. O. Bonds $270,000.00 Special Assessment Bonds 5. Legal and Engineering a. Rezoning - James Conroy b. Variance - James Fields c. Preliminary Plat - Johnson I s Field , d. Special Use Permit - International Tire Variance - International Tire e. Certifications to County Auditor f. Change Order (Forest Lake Contracting) g. 6. Ordinances and Resolutions a. Moritorium Ordinance b. Parking Ordinance -Amendment c. Resolution Adopting 1976 Building Code 7. Petitions, Requests, Communications a. 8. Reports of Officers, Boards, Committees a. Planning and Zoning Commission b. Volunteer Fire Department c. Road Committee d. Personnel Committee e. Other Committees 9. Unfinished Busines s a. 1979 Budget b. Hall Rental Contract Change (Mt. Olive Lutheran Church) 10. New Business 11. Approval of Minutes 12. Approval of Claims 13. Adjournment . . ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING October 3, 1978 MINUTES The Regular Bi-monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on October 3, 1978 at 7:30 P.M. at the Andover Connmmity Center, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilpersons present: Ted Lachinski, Bob McClure, Ken Orttel & Mary VanderLaan Councilpersons absent: None Also present: William G. Hawkins - City Attorney, Patricia K. Lindquist - City Clerk, John Davidson - City Engineer from T.K.D.A., Larry Retzlaff - Chairman of the Planning and Zoning Connnission, and others Resident Forum Richard DeGardner, 13522 Gladiola Street NW, came forward and explained that he lives on Crooked Lake and owns Lot 1, Block 2, Country Estates Additon (next to his home). He has requested, from the Planning and Zoning Commission, a Lot Split to divide Lot 1 Block 2 to the lake. Each lot will have twice as much area as required but they are 5' short of the frontage requirement. The Planning and Zoning Commission was informed that they couldn't allow a variance so it is continued for 60 days to allow him to try another alternative. Mayor Windschitl suggested that Mr. DeGardner meet with Attorney Hawkins and Chairman Retzlaff to discuss the matter. Steve Ziegler, 2719 - l40th Avenue NW, came before the Council because he believes that he has been unfairly assessed for the storm sewer on his property. His backyard is being flooded. He mentioned the assessments paid by his neighbors, whether their yards benefited from the storm sewer, etc. He questioned why he is paying for a service that they are not receiving. Councilperson VanderLaan mentioned the last T.K.D.A. bill that was approved that had an item for $69 that was for having Engineer Dewey Kasma go out and recheck this lot. This is after the time that the petition could be challenged. Mr. Ziegler said that he didn't realize that the sewer didn't service his backyard until after the snow melted. It would cost unbelievably to fill the backyard. Engineer Davidson showed those present the map of Mr. Ziegler's neighborhood showing drainage, etc. He explained that this is a low area but it does flow towards Crocus Street and the assessment is based on benefit to the property owner. When they built the house, they apparently took some fill from the backyard to put fill around the house and thus created a low area. Based on the topography map, he could fill his backyard and use the storm sewer. Again discussed neighboring yards. Mr. Ziegler said that everyone has completed the landscaping of their backyards and the runoff all drains into his and Robert Hughes' backyards. It was explained to him that the public hearing would have to be reopened to change anything. It was suggested that next Spring if his yard is flooded, to ask the Council to look at the situation. Regular City Council Meeting Minutes - October 3, 1978 Page 2 Agenda Approval Motion by McClure, seconded by Lachinski, that the Agenda be approved as published with the following additional items: under #4 - Public Hearings - Continued Meadow Creek Estates Assessment Hearing; 5f - Change Order (Forest Lake Contracting); 6c - change the word "Resolution" to "Ordinance 19C"; 8c - under Road Connnittee add the blacktopping of roads in R-1 zone; 9b - Hall Rental Contract Change (Mt. Olive Lutheran Church). Motion carried unanimously. Bond Sale King Forness, the City's fiscal consultant from the firm of Springs ted, Inc., was present to open the bids on the bonds. On the $270,000 General Obligation Improvement Bonds, there were 3 bids submitted: First National Bank of St. Paul and First National Bank of Minneapolis - net interest cost of $203,749.68, net interest rate of 6.068%; BancNorthwest - net interest cost of $200,660.95, net interest rate of 5.9764%; Piper, Jaffray and Hopwood - net interest cost of $205,391.23, net interest rate of 6.117386%. Mr. Forness reviewed the Resolution that had been prepared authorizing the issuance, awarding of the bids, sale and details providing for the payments, etc. with the Council. Motion by VanderLaan, seconded by McClure, to sponsor the Resolution (No. R105-8) having been read by our fiscal agent to include the award of the bid to BancNorthwest for the net interest cost of $200,660.95 which computes to be a rate of 5.9764% on the bond. Motion carried unanimously. On the $430,000 General Obligation Bonds of 1978 there were 2 bids submitted: First National Bank of St. Paul and First National Bank of Minneapolis - net interest cost of $150,771.88, interest rate of 5.651%; BancNorthwest - net interest cost of $152,412.51, interest rate of 5.7136%. Motion by VanderLaan, seconded by Ortte1, to sponsor the Resolution (No. R106-8) having been explained by the fiscal agent with the Council awarding the sale of the bonds to First National Banks of St. Paul and Minneapolis for a net interest cost of $150,771.88 which computed becomes a net interest rate of 5.651%. Motion carried unanimously. Continued Assessment Hearing on Meadow Creek Estates Engineer Davidson explained that they did seek out all the persons who had concrete driveways in the Meadow Creek Estates area. The Council is furnished with a list (copy attached) of those parcels which would show a deduction because of the deletion of the bituminous apron. The,assessment for Parcel 5900 was'changed to 44' in accordance with previous discussion by the Council and the property owner. Parcel 5930 should be 139' instead of 147' due to a math error. Parcel 6290 should be charged for 158' rather than 171' as shown on the original sewer computation. On the lots on the cul-de-sacs, the original sanitary sewer assessment figures were used. The lot dimensions were checked and the distances are correct according to the County Recorder's Office. Regular City Council Meeting Minutes - October 3, 1978 Page 3 Engineer Davidson said that there was close to $1,500 worth of dirt hauled off the project. But by reducing the lot frontages, as they have just done, it has reduced the contingency factor down to about 7%. He was in favor of this 7% buffer to allow for any future problems. T.K.D.A. has revised the total amount assessed for the project by those changes previously mentioned. The total amount to be assessed is $258,042.37. Mayor Windschitl asked for public comment - no one responded. Motion by McClure, seconded by Lachinski, to close the public portion of the Assessment Hearing for Meadow Creek Estates. Motion carried unanimously. Motion by VanderLaan, seconded by Orttel, approving a Resolution adopting the assessment for the improvement of streets and storm sewers in the West ~ of the SW~ of Section 33, Township 32, Range 24, Meadow Creek Estates . . . . . (See Resolution No. Rl07-8). Vote on motion: yes - Windschitl, VanderLaan, McClure, Orttel; present - Lachinski. Motion carried. The present vote by Councilperson Lachinski reflects his direct affect by the project. Rezoning Request bv James Conroy Greg duMonceaux, of K. Bordner Consultants, and Mrs. James Conroy were present to explain the rezoning request. Mr. duMonceaux reiterated the information reported to the Planning and Zoning Commission. After reading the Ordinances of Andover they decided to go for an NB zoning. The reason is that the over all objective is to be a ''Neighborhood Center". It is not oriented to be any more than a neighborhood center, even though the market study shows it could be. We want to keep the site at about 44,000 square feet. It is basically going to be supermarket, hardware store, drug store types of businesses. It is not a quick pick up or fast stop type of thing. The NB zoning we are going for helps to define the kinds of uses we intend. We are trying to avoid a noisy place so we didn't ask for SC zoning which allows drive-ins, fast food, liquor, dancing, etc. This Neighborhood Center can bring employment of 30 to 40 people. It will provide a substantial tax base. It is the kind of project whereby the City eliminates a lot of small developments at different corners and avoids spot zoning. There were no objections at the public hearing. Several people did speak up in favor of this concept. We feel that we have had a positive response. Chairman Retzlaff commented on the split decision forwarded by the Planning and Zoning Commission. There were 3 "yes" votes, out of 5 Commission members, for this rezoning but because of nonattendance at several meetings only tied votes resulted. The dissenting vote on the Commission was that they didn't like this location because it is within a mile of an existing NB zoned area. He mentioned the definition of a neighborhood center in the Comprehensive Plan regarding the center serving about 1 square mile and 2,000 to 5,000 people. Looking at the market feasibility study, there is a lack of businesses and this project does have merit. As it was pointed out, there was no opposition to having this center. The concern was over having a liquor establishment because it is intermixed with a residential neighborhood. Regular City Council Meeting Minutes - October 3, 1978 Page 4 Mayor Windschit1 asked about Crosstown Boulevard's ability to handle the traffic. Mr. duMonceaux said that they have talked to the County Highway Department and they have plans for upgrading County Road 18. They are waiting for a little more development to create a need for the improvement. The Council hadn't heard of any plans from the Highway Department. Chairman Retzlaff replied that the traffic would be coming north to the site. Those residents already north of the site would be coming south anyway to shop in Anoka, Coon Rapids or Blaine. Those residents east and west of the area would be using Crosstown Boulevard anyway. Also mentioned was the bridge across the Rum River shown in their market feasibility study will probably not be built. It has met with marginal support. He didn't feel that the possible extension of Hanson Boulevard to the north would affect this complex. The traffic figures used in their study were obtained from the Minnesota Department of Transportation. Mr. duMonceaux explained to the Council how their market feasibility study was compiled. They were planning on starting construction of the center in the Spring. Now it may be longer. The entire building would be constructed at one time and not be done in phases. Discussed the trade areas they show in their study. Counci1person VanderLaan commented that this appears to far exceed the Neighborhood Center definition. The study presented shows they are drawing more trade than the present population of Andover. This location is not in compliance with the Comprehensive Development Plan. The Council is looking at a proposal that is premature or improperly placed. She thought it is now time for the City to hire a planner to study the practicality and the timing of the project. Mr. duMonceaux - The problem is with the question of NB versus SC zoning. The intention of the project is to serve a community. We are working someplace in the middle of the two zoning designations. We kept the NB to protect the neighborhood from the kinds of things an SC does allow. We planned to go with the kind of zoning that would best relate to the community. We did the trade area study as an "objective" consultant. Counci1person VanderLaan - When you are exceeding the definition, the Council either has to reject it or ask beyond our scope to have it further defined. The protection to the Community is in the Comprehensive Plan relating to the 1 square mile. There is another area for this purpose to the South and another area in the Comprehensive Development Plan. There is a planned residential area between 2 of these NB areas. A planner who deals with this on a City standpoint is the best way to go. The more insight we get on this the better the City will be. Mayor Windschitl asked for public input - no one responded. Counci1person Lachinski didn't think the NB zoning was a problem. Counci1person McClure said that he had received telephone calls from people saying they didn't want this in the neighborhood. Mrs. Conroy said that they have traffic now and she didn't think the traffic is any consideration at all. She shops in Coon Rapids and would just as soon spend her money in Andover. It would be part of the community. Motion by VanderLaan, seconded by McClure, that the City Council direct the City staff to seek the services of a planner under Ordinance 30 to comment on the proposed Crosstown Plaza with respect to the impact on the City circulation system (Note: there was special emphasis on the proposed improvements on County Road 18) and that the planner comment on the impact of the previous rezoning of the property to the South of this site owned by G. M. Investment Corporation. Regular City Council Meeting Minutes - October 3, 1978 Page 5 Discussion on the motion: there should be some dollar limit; the Conroy's would have to pay for this service; whether it would be proper for the Conroy's to have to pay for a planner for the City to look at something the Council did in a previous action; haveing a time limit for a planner to respond. Vote on motion: yes - VanderLaan; no - Lachinski, Windschitl, McClure, Orttel. Motion fails. Motion by Lachinski, seconded by Windschitl, to engage the services of a planner to provide an impact analysis of the James Conroy NB rezoning on the City relative to the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions, including parking facilities on adjacent streets and land, and the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan and report back to the Council within 2 weeks. Discussion: whether a planner can get all the information in 2 weeks; which planner to call; how much to allow a planner to spend; setting a special meeting to go over the report. Vote on motion: yes - VanderLaan, Windschitl; no - Orttel, McClure, Lachinski. Motion fails. The Council needs a report from the Anoka County Highway Engineer relative to improvement or upgrading of Crosstown Boulevard. The traffic impact on the area should be answered. This will be continued to the next regular City Council Meeting on October 17, 1978. James Fields Variance Chairman Retzlaff reported that the Planning and Zoning Commission has recommended approval of the variance. The Commission had looked at the.affect on the neighborhood, surrounding property values and impact on the surrounding area and whether it was in keeping with the spirit or intent of the Comprehensive Development Plan. Motion by Lachinski, seconded by Orttel, to approve the Variance Request of James Fields to sell a parcel of land containing less than the required 300 foot frontage (See Resolution Rl08-8). Motion carried unanimously. Johnson's Field Preliminary plat Linda Johnson and Bruce Hay were present. The Park and Recreation Commission made a motion, dated 9-26-78, requesting land that is not on the property in question as dedicated park land. Attorney Hawkins explained that if the developer wants to go beyond the requirements of the Ordinance and the Council feels it is satisfactory, then we can go ahead. The park land in question would have to be deeded to the City. Linda Johnson said she will be giving acreage and Bruce Hay will be giving park land acreage also prior to development of his property. Mr. Hay said that his land will be developed into a mobile home park. The Mobile Home Ordinance (No.6) states that 15% of the total mobile home park area shall be a private park for the residents of the mobile home park and shall be developed by the developer of the park, not by the City. Regular City Council Meeting Minutes - October 3, 1978 Page 6 Mr. Hay said he would give his 15% park dedication now to the City. It was mentioned that if the land was given to the City, the City would be responsible for paying for the development of the park. Discussed temporary easement posibi1ities for access to the lake and this park land. Discussed other park dedication alternatives; 1) Lots 5, 6, and 7 of Johnson's Field Plat and 2) Mrs. Johnson's willingness to give $7,500 for park donation in lieu of land. Motion by Ortte1, seconded by Lachinski, that the City Council accept the developer of Johnson's Field's offer of park dedication in the amount of $7,500 in lieu of land, should the Preliminary Plat of Johnson's Field be approved. Vote on motion: yes - Orttel, VanderLaan, McClure; no - Windschitl, Lachinski. Motion carried. Mayor Windschit1 felt the Council should have explored the Park and Recreation Commission's recommendation further and looked into obtaining access to the land on the lake. Engineer Davidson commented regarding the engineering features of Lots 6 and 7 of Block 3. If 6 and 7 are to be built on, they must be filled to provide 39,000 square feet of buildable land above the 872 elevation. We recommend that a development plan for each of those lots be furnished with the building permit. Motion by VanderLaan, seconded by Orttel, that the Preliminary plat of Johnson's Field be approved by the City Council, City of Andover, with consideration of the previous motion regarding park dedication money and consideration of the comments by the City Engineer regarding the fill on Lots 6 and 7, that a development plan for those lots be included with the building permit (See Resolution Rl09-8). Vote on motion: yes - McClure, Ortte1, Lachinski, VanderLaan; no - Windschitl. International Tire Recycling Corporation Special Use Permit and Variance Chairman Retzlaff explained that the Planning and Zoning Commission first dealt with the lot frontage in order to make a recommendation on the variance request. The initial recommendation by the Commission was for denial because of the concerns with the creation of some nonconforming lots. Upon reviewing the compromise that International Tire Recycling Corporation and Cecil Heidelberger were able to work out, after the first recommendation, the Commission made a second motion approving this configuration. Attorney Hawkins said that by granting this variance the Council is not jeopardizing the current legal action by the City. Chairman Retzlaff and Mr. Rouse said that: 1) this would not be a termination of tires; 2) the tires will still be coming on to the property but the piles built up now would gradually diminish; 3) they are planning one work shift but may look into 2 shifts; 4) the manufacturer has assured them that there would not be a problem with sound; 5) they have a portable machine and it would be in the building; 6) the ultimate lot size needed for the operation would be about 8 acres; 7) the tires are reduced to J¡;" chips; 8) it takes 8 seconds to run one tire through the machine; 9) the shredding machine weighs about 3,500 pounds and is 8' by 10'. Regular City Council Meeting Minutes - October 3, 1978 Page 7 Motion by VanderLaan, seconded by McClure, approving a variance request from Allan Rouse dba International Tire Recycling Corporation to purchase a parcel of land not containing the required 300' width (See Resolution RllO-8). Motion carried unanimously. The Special Use Permit is to be considered under "used auto parts" and the applicant must apply for a Junk Yard License. Motion by Lachinski, seconded by Orttel, to approve the Special Use Permit to Allan Rouse . . . . (See Resolution Rlll-8). Motion carried unanimously. Motion by VanderLaan, seconded by McClure, introducing a Resolution endorsing the project proposed by Allan Rouse . . . (See Resolution Rl12-8). Motion carried unanimously. Change Order (Forest Lake Contracting) Engineer Davidson said the contract with Forest Lake terminated October I, 1978. The Engineer is asking for a I-month extension but fully expects the contract to be complete within 2 weeks. Motion by Orttel, seconded by McClure, that the City Council extend the contract with Forest Lake Contracting for completion of the Meadow Creek Estates project until November 1, 1978. Motion carried unanimously. Volunteer Fire Department Mayor Windschitl suggested that the Council meet at 7:00 P.M. (% hour earlier than the scheduled Budget Meeting) on Wednesday, October 4, 1978 to review information available regarding a recent fire. Motion by McClure, seconded by Orttel, that the City Council have a Special Meeting at 7:00 P.M., on October 4, 1978, at City Hall for the express purpose of discussing the Volunteer Fire Department's fire drill on September 28, 1978. Vote on motion: yes - Orttel, McClure, Lachinski, Windschitl; no - VanderLaan. Motion carried. Councilperson VanderLaan stated that in her opinion the matter is best left as an unfortunate incident and that the Council is nurturing an unhealthy situation by having the meeting. Motion by Lachinski, seconded by Windschitl, that we continue the remaining items on this agenda until October 10, 1978. Motion carried unanimously. It was agreed to discuss item #5e, Certifications to the County Auditor, and hiring someone to temporarily take Marcy Peach's job of taking Minutes at the Budget Meeting tomorrow night. Meeting recessed - 11:45 P.M. c-J:). 0 S> ~ ~'11~ <'~( h( Deloris J. Hans ..t,\,y1~ Recording Secre ary Gpl: --, '~