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HomeMy WebLinkAboutCC March 18, 1980 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - MARCH 18, 1980 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Crooked Lake Boat Landing b. Rezoning - Urban Service Area/Abutting Property c. Rezoning - GM Investment Co.-Section 28 d. Lot Split - Canfield e. Lot Split - E. Olson f. Final Plat Extension - J. Hane g. Liquor - Municipal/Private h. Revised Feasibility Study (133rd Lane/Gladio1a Street Area) i. Minor Street Standards 5. Non-Discussion Items a. Xerox Machine Purchase b. Procedure/Engineers Interviews c. Date/CIP, MSAH Meetings d. Employee Mileage e. Purchase of Sewer Router f. 6. Reports of Commissions, Committees, Boards a. Planning & Zoning Commission b. Park & Recreation Commission c. Other Committees 7. Approval of Minutes 8. Approval of Claims 9. Adjournment ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - MARCH 18, 1980 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on March 18, 1980, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Jacobson, Lachinski, Orttel, Peach Councilmen absent: None Also present: City Attorney, William G. Hawkins; City Engineer, John Davidson; Planning and Zoning Chairman, d'Arcy Bose11; City Clerk, P. K. Lindquist; and others Resident Forum Pastor Haak, Family of Christ Lutheran Church - expressed his appreciation to the members of the community and to the Council for the use of the City Hall building for Sunday worship services over the last two years. Tornorrow evening they will hold their first services in their new church. He also stated that the Family of Christ Lutheran Church was built to be of service to the community, and he invited anyone to ask for its services. James D. Halter, 16100 Potowatomi Street NW - the empty lot across the street from hlm was backfllled last fa! I durlng the street construction, and now there is a water problem due to the increase in height on that lot. It is not acceptable, in that it will have to be brought back to its original height. Also, there may be a possibility that water will need to be pumped out of it because it is coming back across the road and threatening to run into his basement at this point. Mr. Davidson stated he has viewed the situation, and stated we will have to keep an eye on it; and if it is threatening, it will need to be pumped. Because of the rainfall last fall, that lot didn't get excavated back as was intended to be done. What is happening there is generally true allover the City, as the ditches have not yet thawed and are holding water. Dennis Hager, 14160 Heather Street NW, Green Acres - Green Acres park, which is about 15 feet from his house, has 6 inches of water over it and is running into his basement. Sunday night he pumped about 100 gallons of water from his basement, and tonight they are pumping more. It is also ruining their rug in the basement. He called public works, but they have not yet responded. Ms. Lindquist explained that they have been pumping basements steadily since yesterday morning allover the City. Council discussion centered around the requirement that the drainage ditch be kept open when this lot was allowed to be split several years ago. The Engineer was directed to review the drainage question in that area. Agenda Approval MOTION by Jacobson, Seconded by Lachinski, that we adopt the Agenda for tonight with the Addition of 4j, Cable Television Board; Item 5f, Certificate of Indebtedness for Snowplow; and 59, Xenia Public Hearing Date. Motion carried unanimously. MOTION by Jacobson, Seconded by Lachinski, that we suspend the rules for this evening. Motlon carried unanimously. Crooked Lake Boat Landing Mayor Windschit1 stated it was his understanding that the City Council of Coon Rapids has this item on this evening's Agenda. MOTION by Lachinski, Seconded by Peach, that we continue the Crooked Lake Boat Landing matter until the first regularly scheduled meeting in April. Motion carried unanimously. Regular City Council Meeting March 18, 1980 - Minutes Page 2 Rezoning - Urban Service Area/Abutting Property Mayor Windschit1 explained the requirements of the Metropolitan Waste Water Commission is that the City plan for the use of the sanitary sewer services which are allowed to the City. He then reviewed the Municipal Urban Service District within the City; explained the Council's attempt to establish a more realistic MUSA line and to set aside an area to attract commercial/industrial business to provide jobs within the City; and reviewed the history relative to the proposed trailer park in that area just west of Round Lake. The Mayor went on to explain what the Council will be looking at in the rezoning and determining which interceptor line will be servicing which portions of the City. The City's capacity from the Coon Rapids interceptor is approximately 32,000 units; and there is a potential of 2,400 units, with possibi1y expanding that to 8,000, from the CAB interceptor coming from the west. The chances of the western portion of the City getting service from that CAB interceptor in the foreseeable future is very remote, as the MWWC has not yet made the final decision on the CAB, and it is presently located at 85th Avenue N in Brooklyn Park. Peter Raun, 4110 147th Lane NW - is the removal of the urban service area a subject for consideration thlS evening? (yes) e1der1 ent1emen from Lunds Round Lake Estates , 147th Lane NW - asked how much it lS gOlng to cost or lS property or the lnterceptor ayor Windschitl stated that there is no plans for sanitary sewer for Lunds. The Council will consider re- moving Lunds from the urban service area. The construction of the CAB to service this area would have to begin at 85th Avenue North, come up through Champlin and Anoka plus the river crossing; and there is also the possibility that the CAB may not be built.) Lee Warneka, 14791 Blackfoot Street NW - the copy he received from the City Hall of the Comprehenslve Plan for the Clty of Andover dated December, 1979, states that the CAB interceptor would be completed in 1981. (Mayor Windschit1 stated that at that time that may have been accurate, but it has been stalled by study after study.) Chairman Bosell pointed out that the Comprehensive Plan referred to is not in an adopted state, and there will still be some corrections and amendments made to it. Mayor Windschitl also stated that most of the costs for the Comprehensive Plan were covered by grant funds. Ms. Bose11 then reviewed the Planning and Zoning Commission's recommended changes in the urban service area as noted on Proposal Draft No.3 before the Council, explaining that the reason down-zoning is being considered is because running sewer lines through large-lot developments is cost prohibitive, noting that sewer would only come to the property as it is being required by the developer and/or adjacent property owners. She explained that the MUSA line is the boundary of that area that will eventually be serviced with sanitary sewer. Mayor Windschit1 also explained that there is a developer coming in with 2~-acre lot developments on 320 acres north of Lunds Round Lake Estates up to County Road 20, and it serves no useful purpose for the City to consider putting sewer or water into that area; and it is for that reason that the area north of Lunds Round Lake Estates is being considered for exclusion from the MUSA area. Mr. Warneka - thought the court decision on the trailer court was a district court declslon and asked if the City considered appealing the decision. (Attorney Hawkins stated it was a Minnesota Supreme Court decision issued in 1973). He stated that the copy he received from the City was a district court decision. He went on to say that we are talking about rezoning today, but asked if it isn't true that when sewer and water is available to that area designated for a trailer court because of a Supreme Court decision, that they can go ahead and the City cannot stop them from putting up to 450 trailer houses in that area, which is what the court decision says. (Mayor Windschit1 stated that if and when sewer and water is available, the City would not be able to discriminate between putting water in one area or another. Attorney Hawkins stated that the City can do nothing to stop the trailer court if and when sewer and water is available.) Regular City Council Meeting March 18, 1980 - Minutes Page 3 (Rezoning - Urban Serice Area/Abutting Property, Continued) Mr. Warneka - stated that rezoning the property to higher density R-4 is taking the flrst step to bringing sewer and water to that parcel. Is it correct that Auditor Subdivision 82 has requested sewer? (yes) So that when the land is rezoned, the City would almost immediately be honoring that request to provide sewer just to this southeast Aud. Sub. 82. (Mayor Windschitl stated that the Engineers are not assured even when keeping the interceptor at maximum depth that they can get enough gravity feed to service all of Auditors Sub. 82 with the Coon Rapids interceptor.) Mr. Warneka - pointed out that once the land is rezoned, it is too late to change the zoning, and it is too late to consider that now we have a mobile home park on our hands. He felt that changing the zoning is a definite step in the direction of allowing the mobile home park to happen. (Mayor Windschit1 stated that the Coon Rapids interceptor may not even get to the 40 line west of Round Lake Boulevard; and at that point in time, that interceptor cannot go any farther west without putting in an expensive lift station, which he felt the City would not do.) Mr. Warneka - was not at issue with what is trying to be accomplished with the rezoning, but wanted the City to consider the mobile home park now before they are here for the permit. He recommended the City Council take action to repeal or overturn the decision by the Supreme Court. (applause from audience). Mr. Warneka stated that a year ago the owner of the propertytDld him he was still interested in putting in a mobile home park. His point was in 1973 there likely was not an incompatibility with a trailer court in that area; but now the compatibility is a big question. He asked if it is the intention to allow that area to be rezoned and face the possibility of a large number of mobile homes in the area. (Councilman Lachinski stated that rezoning to R-4 does not allow a trailer park to come in, and sewer and water could come in any day if somebody petitioned for it no matter what the zoning is. Attorney Hawkins also stated that there has been a decision issued in Forest Lake that said municipalities cannot exclude mobile home parks from their community.) Mr. Warneka - stated when they purchased their land in Lunds Round Lake Estates, they were not told that there is a special use permit for a trailer park pending for the property south of them. He also stated that the City's Comprehensive Plan states buffering shall be provided between high-density development and residential areas. (Mayor Windschit1 stated that he too has serious concerns over a mobile home park within the city, especially its severe affect on the school system. Attorney Hawkins stated that the application by Mr. Hay was made under an ordinance that predates our present ordinance No.8. At the time the application was made, mobile home parks were allowed in all districts. The City adopted the present zoning ordinances in which the R-l would not allow this mobile home park by special use permit. The only conten- tion he could see that the City may make is whether or not Mr. Hay as a result of his action and the City's action, were such that he has a vested right to continue to have that special use permit in that area regardless of the zoning, or has the area changed in character over the last 9 years that rezoning at this point would be something other than vindictive. It was his opinion that the City would have to pro- vide for that type of use somewhere else in the City. After further discussion, the Council directed Attorney Hawkins to research that issue further and to report back to the Council.) Mr. Warneka - stated that the Comprehensive Plan states it is the intent to maintain the overall rural character of the City; and he asked if there is no reprieve from the mobile home park, is there any reason why the land couldn't be condemned and made into a park. Peter Raun, 4110 147th Lane NW - would like the City Council to reject the proposed rezoning because: 1) over one-half of the area north of Bunker Lake Road, through this plan, will be a higher density use than is proposed by the Comprehensive Development Regular City Council Meeting March 18, 1980 - Minutes Page 4 (Rezoning - Urban Service Area/Abutting Property, Continued) Plan; and 2) there is a conflict between the existing urban service area and the City's Comprehensive Devè10pment Plan in terms of land use. He presented the Council with a map showing his proposal for the urban service area that would accomplish bringing the MUSA area in line with the Comprehensive Plan. He asked that this rezoning proposal be rejected and the Planning Commission be directed to draw up a new proposal, at which time new public hearings would be held and every affected property owner be notified in writing. (applause from audience) He felt there was a communication problem between the Planning Commission, the City Council, and the Andover residents. Jim Meald, 4060 149th Avenue NW - stated that the City is denying the citizens of the community the expertise of the designer/planner whom the city is paying to do these things. He felt that the citizens should have the right to talk to these people, as no one here is a professional in this area. (applause from audience) (Ms. Bose 11 stated when the Comprehensive Plan became a first draft document, the notice of public hearing was in the paper, all meetings have been open to the public, it has been On the agenda for many months, and the planner was at the public meetings several times to make presentations. The official paper of the City of Andover has run all notices of meetings and public hearings on the matter.) John Fraser, 14419 Seventh Avenue - stated that when you put a trailer-court type area, the crime rate goes up. Who pays for that? He is a police officer and deals with that high density housing in Minneapolis, and that is where high crime rates are. He doesn't want that area to go to a high crime rate. (applause from audience) Mr. Raun - stated that he has attended several meetings of the Planning Commission and was under the impression that none of the area west of Round Lake Boulevard was being proposed for rezoning; and on the basis of that, he left the meeting. If he had known that, he would have made his feelings known to the Conmission. (Councilman Lachinski stated that the MUSA line has been at its present location for the past 5 years, and sewer has been available for the past 5 years. The City wants to extend sanitary sewer only as development grows and not jump around within the MUSA area. The problem is if people platting land into 2~-acre lots are allowed to continue, the sewer will never be able to expand because it will be too expensive. The service is there, the urban service area has been identified, and he thought what he was hearing this evening is not to expand the sewer service or to grow, but to leave it the same.) Rick Ramsey, 14870 Blackfoot - Who needs it? He stated small lots and trailer parks are going to drive their property values down. If we don't want trailer parks or smaller lots, what are we talking about this for? Mr. Raun - felt if the plan would follow the Comprehensive Plan, which provides for hlgher density for that area closer in and still allows the rural atmosphere, that most of the people's concerns would be resolved. He suggested making the MUSA area smaller than what has been identified for the past five years. Further discussion between the Council and various residents was some residents in Lunds Round Lake Estates stating they would object to being taken out of the urban service area if the property to the south of them, including that area holding a special use permit for the trailer park by court order, would be zoned R-4; because they felt that if a trailer park were put in there, that they could subdivide their property down to smaller lots to justify installing sanitary sewer and then selling their lots. If the property is now down-zoned to R-4, they do not object to being removed from the urban service area. Councilman Orttel stated that the City is divided between the urban area and rural area. This rezoning is retarding potential development that could occur tomorrow on the basis of sewer and water. And the City is going to protect the rural service area with large lots; but at some place there has to be a boundary between small and large lots. When that sewer would come through Anoka or across the river to Andover, Regular City Council Meeting March 18, 1980 - Minutes Page 5 (Rezoning - Urban Service Area/Abutting Property, Continued) it would be much like the sewer already in our City. The City has had the potential to hook up to 32,000 units and has had that potential since 1975, but has not done it. It doesn't have to be hooked up at all unless there is a need. And the City does require developers to put in their sewers as the land is being developed. Rod Graves, 144th Lane NW - felt that that area around Round Lake should be protected, as he felt it is very beautiful back there. (Council discussion was that if legal opinion will allow the City to remove the pending special use permit for the trailer court, that there would probably be no objection in doing so; that the Council has to address the problem of logically extending the utilities outward and to plan for them.) Mr. Warneka - again questioned buying the land for a city park and questioned whether the purchase of the property would be less than the additional costs On the school systems and other city services generated as a result of license-plate homes rather than residential homes. Diane Doolittle, 4301 144th NW - asked why was the first trailer park site south of the one they are concerned wlth recommended for rezoning to R-4? (Mayor Windschit1 stated that because a Planning Commission made the recommendation it become a mobile home park to begin with, it has the ability to reverse their decision. The one presently holding the special use permit was originally rejected by the Town Board, but the Supreme Court ruled that it must be allowed.) Karen Aimes, 4310 144th Avenue - asked whether the second trailer court was contingent on the park approved by the Town Board. (Mayor Windschit1 explained that the Town Board granted the first one and turned down the second one located just south of Lunds Round Lake Estates. The Supreme Court ruled that the second one could not be discriminated against; and if water and sewer are available, they have to be issued a permit. Attorney Hawkins explained that the Supreme Court decision was that there was nothing to differentiate between the two sites when the Town Board granted one permit and not the other. Councilman Orttel stated there has been informal discussion of a proposal on the property of the first trailer court site to plat that into single family homes.) Council discussion was on those areas west of County Road 7 presently within the urban service area. MOTION by Ortte1, Seconded by Lachinski, that all those areas west of County Road 7 that ha~e been shown as being included in the Metropolitan Urban Service District be deleted and the area be reinserted in the eastern part of the City as potentially sewered area. Motion carried unanimously. Council discussion was on the area within the present urban service area including Lunds Round Lake Estates and north. Paul Hendricks, 4310 145th Avenue - asked about the property to the east of Seventh Avenue right above Round Lake Estates, asking that that be removed from the urban service area. (Mayor Windschitl explained that it is extremely difficult trying to subdivide 2~-acre lot developments because of the problems of getting the cross streets into the developments, obtaining the right of ways, etc., which can be a substantial invest- ment.) MOTION by Ortte1, Seconded by Lachinski, that those areas currently in the MUSA Boundary area east of County Road 7 and north of 145th Avenue along the quarter section line, easterly to its intersection with Auditors Subdivision 82 and west of the Round Lake area be deleted from the MUSA area and inserted in the eastern portion of the City. Regular City Council Meeting March 18, 1980 - Minutes Page 6 (Rezoning - Urban Service Area/Abutting Property, Continued) Dan , 4322 145th - stated that he wants to know what will happen in the area just south of Lunds Round Lake Estates. Whether or not he wants Johnsons Oakmount Terrace taken out of the urban service area would depend on what happens in that area. (Councilman Lachinski stated that the sewer is definitel1y going to reach that 1 i ne some day. Engineer Davidson clarified that the Council doesn't have the authority to change the MUSA boundary, as it is set by the MWWC. It merely outlines an area that can, if the City chooses, connect to the metropo 1 itan sewer systems. Any area outside the MUSA boundary is not allowed to connect to the metro system until the boundary is expanded.) Recess at 9:08; reconvene at 9:30 p.m. Councilmen Lachinski and Ortte1 WITHDREW the Second and the Motion. MOTION by Jacobson, Seconded by Lachinski, that a line drawn from the south shore of Round Lake, which is the westerly border of Auditors Sub. No. 82, a line from that point be drawn directly south to where it intersects with County State Aid Highway No. 16; all parcels of land within the City of Andover lying westerly of that line be excluded from the MUSA line; and such property deleted be included in the easterly portion of the City. Discussion: this is the normal line where gravity feeds the Coon Rapids Interceptor; that area to the west would be serviced by the CAB Interceptor. Engineer Davidson stated that once it is removed, unless comparable expansion is made in other areas, the City loses that available capacity. He was concerned about eliminating the total CAB interceptor area from the MUSA boundary because it would eliminate the need for the City's reserved capacity in the CAB interceptor. He suggested that everything west of that line be retained in the f1USA area but to be serviced by the CAB interceptor, which would reserve the City's right for capacity in the CAB interceptor. Council generally agreed that the land to the east of the line stated in the Motion should be zoned R-4. Discussion was on what zoning classification the land to the west of the line noted in the Motion should be; that a lot of that land is low and undevelopable; that it is theoretically possible to build in an R-4 without sewer and water; suggesting that nothing be rezoned to R-4 until the City ordinances have been changed to require the full street network and future subdivision capability but would allow development without sanitary sewer; and noted that if the area is left R-1, there would be no way to get the CAB line through the area. Councilman Jacobson AMENDED his original Motion: the intention of the Council is everything east of the line in the westerly portion of Auditor Sub. 82 would be serviced by the Coon Rapids Interceptor by gravity feed; everything west of that line would eventually be served by the CAB Interceptor coming through Brooklyn Center; the area west of Auditors Sub. 82 would not be deleted from the MUSA line but would be retained. Second still stands. Discussion was on the confusion of the Motion and the Amendment. Councilmen Lachinski and Jacobson WITHDREW the Second and the Motion. MOTION by Jacobson, Seconded by Lachinski, from the point beginning the south shore of Round Lake and the westerly boundary of Auditor Sub. 82, from that point a line in a southerly direction intersecting County State Highway No. 16, from that division line, everything to the east would be served by the Coon Rapids Interceptor sewer; everything westerly of that line in the City of Andover would be serviced by the CAB Interceptor in Brooklyn Center. Motion carried unanimously. Regular City Council Meeting March 18, 1980 - Minutes Page 7 (Rezoning - Urban Service Area/Abutting Property, Continued) MOTION by Peach, Seconded by Orttel, that the ~1USA line be changed to extend from the County Road No.7 easterly along 145th Avenue NW along that 40 line up to Auditor Sub. 82 and then northerly to the present line. Council discussion: questioned if enough land in the MUSA area remained to meet the capacity that would be provided by the CAB interceptor or whether the CAB would even be needed if only a small portion of the City is to be serviced. Mayor Windschitl suggested having an engineering calculation _ of what area the CAB would service or how feasible it is to bring the CAB into the City, determining if the land available would warrant bringing the line across the river. VOTE ON MOTI ON: YES-Orttel, Peach; NO-Jacobson, Lachinski, Windschit1 Motion failed. MOTION by Lachinski, Seconded by Jacobson, any further consideration for deletion of areas from the MUSA on the westerly portion of the City be cOntinued to the next regularly scheduled meeting, which is April 1. Motion carried unanimously. Discussion was on the NB and M-2 zoning on the Anoka/Andover City lines off Seventh Avenue. Majority of the Council voiced opinion to retain the NB zoning off Seventh Avenue and to retain the M-2 zoning located east of that NB zoning. Discussion was also on the existing R-5 zoning to the west of Round Lake Boulevard, with M-2 the first 40 off Round Lake Bou1vard, the R-5 zoning the 40 to the east of the M-2 zone. MOTION by Ortte1, Seconded by Peach, that the current R-5 zoning in the northwest corner of Section 32 be rezoned to M-2. Discussion: questioned whether ~-1-2 development is tied to sanitary sewer. Councilman Orttel requested removing his motion, as there has been an informal request from the property owner to rezone, and he felt we should await the request of the landowner for rezoning. Councilmen Peach and Orttel WITHDREW the Second and the Motion. Council discussion was on the proposed rezoning changes in the eastern portion of the City. Dick Schneider, 1343 Andover Boulevard NW - was opposed to rezoning to R-4 in his neighborhood and partlcularly to that area south of Andover Boulevard going commercial/industrial. Andover Boulevard is narrow; and if it were to be widened, more right of way would need to be purchased. It is not sewered for commercial or light industry; and he generally felt that the area south of Coon Creek to Bunker Lake Boulevard would be suitable for industrial because of the junkyards to the west and the park buffer to the south. Mr. Schneider also felt it would be appropriate for the area north of the creek west of the railroad tracks to Andover Boulevard be 2~-acre development as proposed by the developers, as it is presently zoned R-1. He felt Bunker Lake Road is wider and more suitable for commercial and didn't think that commercial or light industrial is interested in trackage any more. He also stated that the original Comprehensive Development Plan was approved in 1974 and cost $30,000, which came out of general funds. He stated most of the people are opposed to the rezoning and asked if the Council is going to listen to the people. (applause from audience) Harris Vanderbui1t, representing people owning property south of Coon Creek along the rallroad tracks. They are not in favor of the rezoning and can see no purpose at this particular time. Going south following the tracks are many acres of industrial property that is available for development with sewer and water. He stated there is no reason for people to come into this area for industrial use. Plus the property is ideal for residential -- high with a lot of trees. Regular City Council Meeting March 18, 1980 - Minutes Page 8 (Rezoning - Urban Service Area/Abutting Property, Continued) Jim Merila, Meri1a-Hansen, Inc.; with him were Lee Eckland, Monite Glue Company, owners of the property westerly of the railroad tracks south of Andover Boulevard, and Dick Sa1iterman, Attorney for Monite Glue Company. The Council was presented typed coples of Mn: Merila's comments which he read outlining reasons why they feel the City should not rezone the property along Andover Boulevard in Section 26 to Industrial. After this presentation, Mr. Merila also reviewed their subdivision proposal for that area which was recently submitted to the City; and noted that requirements of subdivision and placement of the home on the 2~-acre parcels would be put into the convenent of the deed and easements for crošà åtH~tã would be dedicated so that if and when City utilities are available, b f nwou1d be possible. Mr. Sa1iterman - commented on the legal aspects of the proposed rezoning: 1) In light of the moratorium placed on the property by the Council in July, 1976, if the property were rezoned industrial now with the prospect of 10 to 20 years before the property owner would be able to take advantage of any industrial use, which he felt is a situation almost akin to a moratorium, it is their position that previous court cases would indicate a rezoning now would entitle them to just compensation for fair market value; 2) He felt there were certain procedural irregularities material to his client's rights, as Statute states that notice of rezoning must be given; and 3) His client indicates that perhaps he was considered as "guinea pig" by Council. Mr. Sa1iterman stated they have tried to act in good faith and to work with the Council. Having this type of change this suddenly would bear strongly under legal rights. Other issues involved are spot zoning, making sure their rights are registered, etc. Councilman Lachinski explained that his comments on "guinea pig" were meant in a positive sense, which was actually supportive of their willingness to work with us in, if it were to be residential, that they would recognize that there would be problems and they would be willing to work with the Council to resolve those problems so that residential development could go in even though sanitary sewer was not there. He meant it as something favorable, not objectionable. Mayor Windschtil stated there was a factory on that site at one time that burned down, and he questioned if there was any type of contaminents or residues that might have seeped into the ground. Mr. Eckland - stated he didn't believe there was. If anything, the material that may have been there were more than likely organic materials. The factory had not been started up. Construction was just finished; and before it was opened, it burned down. His firm owned the factory. Ms. Bosell stated that according to the records, the title is under Old Colony Gas and Oil, and that is who received written notice of the proposed rezoning. Council discussion noted that in general they felt that there were errors in Mr. Meri1a's presentation and expressed some concerns on the proposed plat relative to subdivision and parkland dedication. Mr. Eckland - stated they started with the plan in October, came to the City in good falth and have been willing to work with the City every step of the way. They hadn't filed a plat prior to this time because they wanted to work with the City. They have not received answers or directions from the City; and in the interest of getting things moving, they felt it was time to file the preliminary plat to start moving in a positive direction. Mr. Saliterman - stated that as long as the plat has been filed and he has received statements from two separate people in the City that·it has been the City's policy not to rezone once the plat has been filed, you are drawing in the question of Almquist in terms of good faith. At this juncture, they would construe any movements toward rezoning as being in the direction of lacking good faith, a taking, and also discriminatory. Regular City Council Meeting March 18, 1980 - Minutes Page 9 (Rezoning - Urban Service Area/Abutting Property, Continued) Richard Novak, 14655 Palm Street - asked why this was zoned industrial. (Mayor Windschitl explained that the Council is looking at the feasibility of setting aside property for commercial or industrial purposes which will eventually create jobs within the City. The overriding consideration has been the energy question. As energy costs rise, each comTIunity will be trying to attract business to their commun i ty. ) Severen Brenny, 665 148th Lane NW - by Barnes Rolling Oaks -- With Barnes Rolling Oaks developed 2~ years ago with 2~-acre lots, why are you now talking about putting sewer in there or at least coming with 1/2 mile? It doesn't make any sense. (Council reply was that there is no intention to put sanitary sewer into that area, and that the intent is that Andover Boulevard will be the southern edge of the rural area in area. The reason the City is having a problem platting 2~-acre lots on the Monite Glue Company property is because we do see City sewer and water coming to that area eventually. Barnes Rolling Oaks couldn't be serviced because of the limited capacity available on the sewer interceptor. It has not been the City's intent to go into large-lot areas with sewer and water. The intent in the rezoning is for future long- range planning of the urban service area and putting an updated zoning map in the City's Comprehensive Development Plan.) Trisha McLind, 14861 Prairie Road - why is sewer and water a necessity in these proposed areas? (Council reply was that there is no requirement on water, and the Council is only looking at where the sewer line can logically be extended to. And if industry were to come to that area, they would not be allowed unless they had sewer because of the potential pollution, etcJ ~1s. McLind - asked if research has been done to see if there is a pattern of people working in the local area. She felt that people from Barnes Rolling Oaks would not be working in a factory in Andover and felt that there were other areas already designated industrial that could be expanded. She felt that if R-4 or industry were zoned in the area, Andover Boulevard would have to be widened, which will cost taxpayer do 11 ars. (Councilman Ortte1 stated that some of the figures in the presentation by Mr. Meri1a on proposed tax base and potential industrial expansion elsewhere were a little misleading, as the land in Hughes Industrial Park is totally unsewered with very little land left for expansion, and the tax base was calculated on unimproved property, which we are not proposing this to be, which would make a large difference. Councilman Lachinski stated that the energy situation is changing such that people will not be driving as far to work.) Dave Schneider, Andover Boulevard - felt it would be more desirable to have the area around the creek as residential and to leave the industrial area in the junkyard area. Dave , 14545 Palm Street - moved here about two weeks ago into Barnes Rolling Oaks Second Additlon,- felt the problems of the dumps should be looked at more closely by the City Council. He also felt that little effort was put into the proposed rezoning on the eastern side of the City, as no buffers are being planned around the industrial side when residential is across from it. He felt the interest of the public would be served by allowing the land to be zoned residential. He also felt that considera- tion has not been given for the types of businesses and the people employed by these businesses, and that it is premature action to rezone industira1 without protection from the residential area. If there needs to be an industrial area, it should be south of the creek, north of Bunker Lake Drive. (Councilman Orttel stated that the Council is charged with planning for the City for the future, and it appears that everybody is interested in having commercial within the City as long as it iSn't near them. He also explained that modern industrial parks are clean industries of mostly office / warehouse-type businesses. ì Ms. Bosel1 stated that they have not provided for a buffer zone along Andover Boulevard because the recommendation from the Planning Commission is not unanimous. It has been their intention if this property were rezoned to some kind of industrial use, that the Regular City Council Meeting March 18, 1980 - Minutes Page 10 (Rezoning - Urban Service Area/Abutting Property, Continued) access would come from the south only and the north part of that property would be - buffered with trees, birms, or possibJy" PUDS. Some property owners have requested that their property be returned to an industrial zone -- Vosika's property; the two 40s east of the railroad tracks just south of Andover Boulevard; Burlington Northern property; and the Ron Roth property. , principal owner of property that is east and west of the Burlington Northern tracks north of Bunker Lake Boulevard. He is also an industrialist and employs about 370 people in Minneapolis. He agrees with these gentlemen that this area is not a good area for industrial manufacturing. He also noted there is an inconsistency on the Council; as prior to buying the property, it was classified industrial. About one year ago they started searching for new plant sites, including this land in Andover. They informally researched the idea' of rezoning the property with the City; and at that time the City was negative. Now that we have purchased a plant in northeast Minneapolis, the Oity wants to rezone it to industrial again. (Council reply was that a request for rezoning was never before the Council; and without sewer facilities available, it may not have been allowed. But once the City has an area designated industrial, it will plan to have the sewer come there in stages. The Council must plan to distribute the usage of the sewer facilities available, as the City is paying for that capacity now. For all practical purposes the City of Anoka is built out; the City of Coon Rapids has moved their development line to Andover's border; and Andover is the next City out for logical future development. The rural area of the City needs to be maintained as much as possible; but it must also be recognized that there must be an urban area in the City as well.) Mr. Vanderbuilt - questioned if there is a real need for this or is it something that wlll be postponed for 15 or 20 years. (Council reply was if this property is not set aside now as industrial, it is going to go to residential property, which creates 'some immediate problems; and once it is built up, where would industry be put 20 years from now? Mayor Windschit1 stated he has done an extensive survey in the Blaine/ Coon Rapids areas of available property and noted that industrial area is in great 'demand. He fe It that I¡he idea that it wi 11 be 20 years before the 1 and is developed is not correct.) Jack Menkveld - stated one gentlemen commented he was looking for an industrial site and Andover wasn't prepared for it. The only way the City is going to get the industry is, not overnight, but with some working, by setting up areas for it. If you do nothing and wait for industry to come, they will jump by the City. And what the Council is doing, to set up the area for industrial before the houses get there, is the correct procedure. Dick Schneider - stated that the industrial areas in Blaine have access to 35W and 694, but we do not have the major thoroughfares. He felt that if the landowners involved were asking for a rezoning, he would be in favor; but he felt they had the right to use their land the way they want within the existing ordinances. (Council reply was that the property owners for the two 40s east of the tracks immediately south of Andover Boulevard, along with several others, have asked for rezoning to industrial.) Council discussion was on the proposed zoning of the urban service area beginning with that area between Bunker Lake Boulevard and Red Oaks Addition east to Crosstown Boulevard, which is presently M-1 and M-2. The Planning Commission recommended the entire area be M-2. Jack Menkveld - had no objection to all of his property zoned M-2. The M-1 zone was origlnally a buffer between the M-2 and Red Oaks Manor. After further discussion, Counci~ agreed to leave the M-1 zoning as the bufter area. Regular City COli,,';; 1 Mee Ig March 18, 1980 - Minutes Page 11 (Rezoning - Urban Service Area/Abutting Property, Continued) Discussion was on the proposed Commercial PUD along Bunker Lake Boulevard on the north and making an "L" up along the proposed extension of Hanson Boulevard. MOTION by Ortte1, Seconded by Lachinski, that the property north of Bunker Lake Boulevard and following the proposed extension of Hanson Boulevard as shown on the Rezoning Proposal No.3 be rezoned to Commercial Planned Unit Development for reason that the property is located along the logical extension of public sanitary sewer and also located on an adequate traffic route for commercial development, and it has in part been requested by one of the affected property owners. Discussion was that the specific legal descriptions should be included; that the proposed line is an extension of Red Oaks across to the east; that the concept can be approved at this time with formal adoption with legal descriptions done at a later time. Councilman Ortte1 Aôôéô fO MOTION: be adopted in concept. Second still stands. Motion carried unanimously. Discussion was on the Monite Glue Company property west of the railroad tracks, south of Andover Boulevard. Councilman Lachinski was still open to limited industrial but wanted to see more work done on it. Councilman Peach felt that the two 40s north of the creek that the railroad passes through should be limited industrial; the remaining property to the west could be some kind of PUD. Councilman Orttel couldn't foresee a developer of that property bridging the creek. He felt residential would be the best use. Councilman Jacobson felt that everything north of the creek should be residential on either side of the tracks. Ms. Bosell reminded the Council that this area is presently outside the MUSA area; and that MUSA line will need to be determined. An R-1 zoning in the MUSA area would defeat the purpose of altering the MUSA line. MOTION by Jacobson, Seconded by Windschitl; this is a concept, that properties north of Coon Creek westerly to the extension of Bluebird, which is north of Andover but if you extended Bluebird to the south, until that line meets the creek, remain residential, on what is known as the Merila (Monite Glue Company) property. Discussion: Councilman Jacobson leaned toward leaving it R-1 zoning and not including it in the urban service area. Mayor Windschit1 thought it would be in everyone's interest if the plat would wait until the water quality tests from the landfill area came back. Depending on what those tests show, they could suggest a radical change in what kind of development should take place with this area. Other discussion was that allowing 2~-acre development in an area that would eventually be served by sanitary sewer is very expensive and burdensoneto the people and that area taken from the MUSA area earlier in the evening must be added to the east or that capacity will be lost. VOTE ON MOT! ON: YES-Jacobson, Ortte1, Windschit1; NO-Lachinski, Peach Motion carried. Councilman Lachinski - We really don't have, even in the conceptual stages, enough of the questions answered to be looking at a higher density residential zoning there. He also felt there were obvious problems with the zoning that exists. Discussion was on the two 40s south of Andover Boulevard, east of the railroad tracks. Councilman Peach felt that with residential west of the tracks, putting industrial east of the tracks in this area would be poor planning. MOTION by Jacobson, Seconded by Ortte1, the area north of Coon Creek and east of the rallroad tracks, the sense of the Council is residentia1. VOTE ON r~OTI ON: YES-Jacobson, Orttel, Windschit1; NO-Lachinski, Peach Motion carried. Discussion was on the property south of the creek, both sides of the railroad tracks. Regular City Council Meeting March 18, 1980 - Minutes Page 12 (Rezoning - Urban Service Area/Abutting Property, Continued) MOTION by Ortte1, Seconded by Peach, that those areas indicated north of Bunker Lake Road either side of the Burlington Northern railway tracks over to the C PUD on the Rezoning Proposal Draft No.3 be conceptually approved for rezoning to limited industrial for the following reasons: that those properties lie along a logical planned extension of public sewer, and that they also lie along adequate rail and road access. Discussion: Councilman Lachinski was conceptually in favor but wanted to see some comments from Anoka County, as it is across the road from a part of their park. Attorney Hawkins cautioned the Council that more data and evidence be presented for reasons for rezoning this property. VOTE ON MOTION: YES-Lachinski, Orttel, Windschit1; NO-Jacobson, Peach Motion carried. Council discussion was on the possibility of obtaining professional advice to substantiate the City's position for rezoning these properties and that additional study is necessary to address all the ramifications of rezoning. MOTION by Orttel, Seconded by Peach, that we authorize TKDA's Planning Department to research into the area proposed by the Council for cornmercial rezoning in the eastern portion of our City to determine their feasibility and also to include those areas proposed for inclusion in the MUSA area of the City in the eastern portion of our City (especially the property owned by Monite Glue Company). Discussion: Engineer Davidson stated he could have a work scope defined for the next regular Council meeting. Councilmen Peach and Ortte1 WITHDREW the Second and the Motion. Lot Split - Canfield Discussion was on the lot meeting the requirements of the zoning ordinances and questioned the lot , meeting the 300-foot road frontage requirement. It was noted that there is road easement dedicated the entire length of the two parcels. MOTION by Peach, Seconded by Ortte1, introducing a Resolution approving the Lot Split request of C. Canfield for Plat 65913, Parcel 7850, as presented by the City Clerk; and add BE IT FURTHER RESOLVED by the City Council, City of Andover, that park dedication of $200 be required. (See Resolution R18-80) VOTE ON MOTION: YES-Lachinski, Orttel, Peach, Windschit1; NO-Jacobson Motion carried. Lot Split - E. Olson MOTION by Peach, Seconded by Ortte1, that we continue the Olson Lot Split to the first meetlng in April. Motion carried unanimously. Final Plat Extension - J. Hane MOTION by Lachinski, Seconded by Peach, that we extend the filing of the Final Plat for Cunningham Addition in Section 33 for a period of 6 months from the last date of extension. (See Resolution R19-80) Motion carried unanimously. Revised Feasibility Study (133rd Lane/Gladio1a Street Area) MOTION by Lachinski, Seconded by Jacobson, to accept the revised feasibility report dated March 6, 1980, on the 1980 Street and Drainage Improvement No.1 for ,133rd Avenue NW, G1adiola Street NW, 134th Avenue NW, Eidelweiss Street NW, 135th Avenue NW, 135th Lane NW, in the City of Andover, Commission No. 7303. (See Resolution R20-80) Motion carried unanimously. Regular City Council Meeting March 18, 1980 - Minutes Page 13 Rezoning - GM Investment Company - Section 28 Jack Menkve1d, representing GM Investment Company, was present. MOTION by Ortte1, Seconded by Peach, that the area emcompassed by properties known as Green Acres Addition in the City of Andover and showing on the Rezoning Proposal Draft No.3 as R-3 area be given conceptual approval to rezoning to the R-3 for the reason that the area has been primarily developed to R-3 standards at this time. Motion carried unanimously. MOTION by Peach, Seconded by Orttel, a Resolution denying the Rezoning request of GM Investment Company to rezone Parcel 6600, Plat 65928 from Residential 1 to Residential 4, as presented by the City Clerk. (See Resolution R21-80) Motion carried unanimously. MOTION by Lachinski, Seconded by Peach, that the area known as Green Acres be rezoned to R-3 because the area has been substantially developed to that density, Green Acres as legally described to be inserted. (See Resolution R22-80) Motion carried unanimously. Park and Recreation Commission MOTION by Ortte1, Seconded by Peach, that the Park and Recreation Commission be authorized to spend up to $2,400 for the purchase of equipment for the Pine Hills Park. Motion carried unanimously. Volunteer Fire Department Fire Chief Bob Palmer reported that the Andover Volunteer Fire Department membership was accepted in the North Suburban Mutual Aid Association. Council discussion was on requests made by residents to contract with the Anoka Fire Department. The Mayor stated he is attempting to meet with the Anoka Mayor and City Manager on this issue. No one on the Council felt they would want to venture into this type of arrangement for fire service. The Attorney was asked to provide a verbal opinion as to having another city's fire department servicing specific individuals within Andover. It was also suggested that Anoka Fire Department be required to inform Central Dispatch when they are running emergency vehicles through the City of Andover to service their contract, as they travel through the City now with emergency vehicles and nO one is aware they are coming through, which can be a dangereous situation. Discussion with several members of the Fire Department was also on the purchase of an ambulance. Councilman Ortte1 estimated insurance would be approximately $800 a year for professional liability. Discussion was that emergency response would drop from the present 20 minutes to 5 minutes; that the 8 firefighters trained are EMTs, not paramedics; that the ambulance would not be used for transport; that the cost of the ambulance is approximately $500 and will be paid for by the firefighters; that the Department is asking the City to pay for the insurance costs and maintenance beginning with 1981; that Health Central and the Sheriff's Department would know that Andover would be responding from 6 p.m. to 6 a.m.; two people would be designated for these times on a weekly basis; the vehicle would be kept at the home of those on duty; Mercy/Unity will still be responding to all calls as they would provide all transportation. MOTION by Lachinski, Seconded by Jacobson, to authorize the Fire Department to purchase a used ambulance for an amount not to exceed $500 and to obtain a firm quote on the insurance required for the EMT program being provided by the Fire Department. Motion carried unanimously. Regular City Council Meeting March 18, 1980 - Minutes Page 14 Bids on Xenia MOTION by Orttel, Seconded by Peach, that we accept the bids on the Xenia Street/ Genie Drive project, acknowledging bids of Thomas Montgomery, NDH, C. S. McCrossan, Lino Contracting, Forest Lake Contracting, and authorize the Clerk to contact the City's fiscal agent in regards to the bond sale. Motion carried unanimously. Recess at 1:11; reconvene at 1:17 a.m. Rezoning - Urban Service Area The Mayor requested that a revised map be drawn showing those areas on the north side of Coon Creek that could be eliminated from the urban service area because of the flood plain which makes it impractical or impossible to ever have sewer in there, so that a specific figure is known of how much area can be added to the urban service area on the eastern portion of the City. Discussion was also on ordinance changes necessary to go along with any rezoning taking place. Engineer Davidson stated he would include in the work scope any changes which may be necessary to the City ordinances to provide for logical future subdivision of a plat if platted R-1 now but which would eventually be subdivided to R-4 when sanitary sewer is available. Certificate of Indebtedness on Snowplow MOTION by Jacobson, Seconded by Ortte1, that the City Council, City of Andover, approve a purchase of $40,000 of City of Andover Certificate of Indebtednesses to First National Bank of Anoka at the rate of 7 percent interest as per First National Bank of Anoka's letter to the City on March 13, 1980; such money to be used for the purchase of the City snowplow. (See Resolution R-23-80) Motion carried unanimously. Purchase of Sewer Router MOTION by Peach, Seconded by Jacobson, that $5,000 from the sewer funds if available, otherwise be moved from the 1979 Surplus Fund, to pay for Sewer Router for ancillary equipment to be repaid from the sewer maintenance fund. Motion carried unanimously. Planning and Zoning Commission MOTION by Orttel, Seconded by Jacobson, that the City Council accept the resignation of Walter Dick, and authorize the City Clerk to advertise for a replacement. MOTION by Lachinski, Seconded by Jacobson, to adjourn. Motion carried unanimously. Meeting adjourned at 1:38 a.m. ~",,"llY '"?Z ~~CÅ· tL~ Mar ella A. Peach Recording Secretary