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Home My WebLink AboutCC August 17, 1993 " <.....I o . " ~ @\ , ,L"\. CITY of ANDOVER Regular City Council Meeting - August 17, 1993 Call to Order - 7:30 P.M. Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Special Use Permit/Const. of Accessory Structure, Cont. 2. WOE Mining & Land Reclamation Permit Changes 3. Special Use Permit/SuperAmerica/Storage Tanks 4. Special Use Permit/Gunshop & Sporting Goods/1860 Bunker 5. Adopt Resolution/Terminating Project 92-6 6. Assessment Reduction/R. Sonsteby 7. Appeal Ordinance 95/149th & Bluebird 8. Appeal/ordinance 95/Amar/1469-140th Lane N.W. 9. Non-Conformities/Junkyard Task Force 10. Ordinance 8, Section 4.21 Amendment Staff, Committees, Commissions 11. Authorize Purchase/135xx Hanson Blvd./R. Streich 12. 1993 General, Water & Sewer Fund Budget Amendments Non-Discussion items 13. Declare Cost/Direct Preparation of Assessment Roll/92-15/ Hidden Creek East 5th 14. Adopt Assessment Roll/91-15/Hidden Creek East 5th Addition 15. Approve Plans & Specs/93-14jWoodland Pond 16. Award Bid/91-5, Njordmark Dale & 91-16, 159th Avenue 17. Approve Temporary Work Space Permit/92-5 18. Request Speed Study/181st Ave. from Tulip to CR9 19. Approve Final payment/92-8/Andover Blvd. Trunk Storm Sewer 20. Authorize Increased Allocation for Storm Sewer Project/ 177th & Blackfoot 21. Adopt Resolution/Variances for 3480 Bunker Lake Boulevard Mayor-Council Input Approval of Claims Adjournment CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 17, 1993 AGENDA SECTION NO. Approval of Minutes ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. Admin. Approval of Minutes V. Volk O. 6vlY BY: August 3, 1993 The city Council is requested to approve the following minutes: Regular Meeting '-...) MOTION BY: '-' TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 17. 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items ?lanning t David L. Carlberg, City Planner BY: ITEM t\O. Special Use Permit Accessory Structure 167th Avenue NW and Roger Kjellberg Hanson J. REQUEST This item was tabled at the August 3, 1993, City Council meeting at the request of the applicant. The Council is asked to bring the packet materials from that meeting. '--) MOTION BY: '-- ) TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 17, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED Planning ~ FOR AGENDA B~' David L. Carlberg, I City planner Discussion Items ITEM t\O. Request changes to Mining and Land Reclamation Permit WDE Site Conestoga Rovers & Assoc. ,;t. REQUEST , ) '- This item was brought before the City Council for discussion at the August 3, 1993 Council meeting. The Council was made aware that an additional amount of fill material was needed on the WDE site due to unforeseen settling of the landfill. The settling was caused by the construction of the landfill cap. An additional 120,000 cubic yards of fill is needed to correct the settling. The Council at the August 3, 1993 meeting, preferred the fill be obtained from an off-site source. The Council was very concerned with the removal of trees along Crosstown Boulevard NW and the excavation of more fill from the borrow area south of the site. Council asked Staff to work with the representative of CRA, Jon Christofferson to find an acceptable source of additional fill material and determine if the access agreement does contain provisions to expedite these issues. City Staff met with Mr. Christofferson on Tuesday, August 10, 1993 to discuss the issues raised at the Council meeting. Staff finds that the access agreement which was agreed upon and signed by the City (grantor) states that: 1. Grantee shall have the right to enter the property and take any action which is necessary to implement the Order (refers to Administrative Order), or any other action necessary or appropriate to study or remediate the environnmental conditions in, on, under, and around the WDE Site. (page 2, section 1.B.) 2. The grantor (City) agrees that it will not interfere with any remediation facilities or operations occurring at the WDE Site or interfere with any other operation or activities of grantee pursuant to its rights under the access agreement. (page 3, section 1.C.) MOTION BY: '-- i TO: Page Two WDE Site Changes ~ August 17, 1993 3. To the extent any permit is normally required for work related to the Site, Grantee agrees to fill out the normal application to facilitate Grantor's recordkeeping. Grantee will not be required to pay fees for this work. Grantor recognizes that no permits are required for work carried out on CERCLA (Comprehensive Environmental Response, Compensation and Liability Act) Sites but the grantee must comply with the substantive requirements of the local laws and regulations. (page 5, section 1.I.) Staff in reviewing the "City of Andover Access Agreement" and other related documents, and meeting with Mr. Christofferson recommends the following: 1. The fill materials should be removed from the western and northern portions of the southern borrow site. The impact to the trees on the western boundary shall be kept at a minimum. In addition, the City and the City's consulting engineer, TKDA, shall approve the revised grading plan to assure the additional areas excavated can be served by gravity flow sanitary sewer. The removal of fill from this area will lessen the impact on the area adjacent to Crosstown Boulevard NW. o 2. Additional fill that cannot be acquired from the areas surrounding the south borrow site shall be excavated from the storm water pond area located adjacent to Crosstown Boulevard NW. However, the trees and hill that currently screen the WDE Site from Crosstown Boulevard NW shall have the least amount of impact as possible. o i " ,~ 'J '"J UtY C:;f I CITY OF ANDOVER ACCESS AGREEMENT This Access Agreement is made and entered into this 5~ day of February, 1993, by and between the City of Andover, State of Minnesota ("Grantor") and the companies which comprise the WDE PRP Group ("Grantee") (A current list of the WDE PRP Group members is attached as Exhibit 1.) A. Grantor is the owner of property located in Anoka County, Minnesota and marked more specifically in yellow on Figure A (hereinafter "Property") which is attached hereto and made a part of this Agreement. B. Grantee includes parties who were issued and parties who agreed to comply with an Administrative Order ("Order") pursuant to ~ 106 of CERCLA by the United States Environmental Protection Agency ("U.S. EPA"), to perform certain remedial actions with respect to the WDE Site referenced as line B on Figure A. A copy of the Order is attached as Exhibit 2. C. Grantor wishes to provide Grantee, U.S. EPA, the Minnesota Pollution Control Agency ("MPCA") and their authorized representatives the use of and access, ingress and egress on and \ ,~ '\ o CD'\- ) over the property for purposes of performing remedial construction, maintenance and other remedial activities ( "Remedial Action") on the Property. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, Grantor, for itself, its heirs, successors and assigns agrees with Grantee as follows: 1. GRANT OF ACCESS A. Grantor hereby grants to Grantee, its agents, consultants, employees and contractors, and to U.S. EPA and MPCA, their agents, employees and contractors, the non-exclusive right to use and to construct or otherwise improve such means of ingress, egress and access to and about the Property. B. Grantee shall have the right to enter the Property and take any action which is necessary to implement the Order as defined and described in Exhibit 2, or any other action necessary or appropriate to study or remediate the environmental conditions in, on, under and around the WDE Site. Grantee shall use reasonable efforts to limit its interference with Grantor's use CITY OF ANDOVER ACCESS AGREEMENT -2- \ ) '\ , ) \ , ) of the Property or access to the Property to the extent practicable. @*' c. Grantor agrees that it will not interfere with any remediation facilities or operations occurring at the WDE Site or interfere with any other operation or activities of Grantee pursuant to its rights under this Agreement. D. The parties recognize the implementation of the order, as set forth in Exhibit 2, is within the sole and absolute control of Grantee, U.S. EPA and MPCA. Notwithstanding the foregoing, nothing in this Agreement is intended to limit the right of Grantor to provide comment on any documents submitted by Grantee to U.S. EPA and MPCA pursuant to the requirements of the Order. E. Grantee agrees to provide Grantor with a copy of all submissions made to U.S. EPA and MPCA required by the Order including, but not limited to, work plans, design documents, monitoring data, schedules and reports. F. Grantee agrees that it will not use the Property for any purpose not necessary or appropriate for the performance of the Order as defined and described in Exhibit 2 or any necessary or appropriate remediation. CITY OF ANDOVER ACCESS AGREEMENT -~- \ " ~ ) , ) G. Grantee may regrade the Property as necessary to implement the requirements of the Order and shall be authorized to use, without any fee or other charge, native soil, gravel, or other materials from the Property at or near the work area as necessary for regrading. It ~s not intended by the Parties to allow borrowing of fill dirt on the Property. Grantee agrees to provide Grantor with notice of any proposed regrading within the Property. H. With respect to Crosstown and Hanson Boulevards, Grantee's right to regrade will be limited to regrading necessary for the following purposes: (1) To implement Alternative 3 in the February 6, 1992 report prepared by Conestoga-Rovers & Associates entitled "Hanson Boulevard Easement Waste Definition Boreholes" attached hereto as Exhibit 3 as included in the Remedial Design Report, dated September 2, 1992 (Exhibit 4), and as approved or modified by U.S. EPA. Alternative 3 provides for the removal of all wastes/waste material from the recovery zone area, to allow placement of the facility fence at the landfill cap limit and not within the recovery zone; CITY OF ANDOVER ACCESS AGREEMENT -4- , I , J '. ../ " , ) -./ , ) (2) To provide for temporary and permanent ingress and egress as set forth in paragraph 1.A above; and (3) To construct sewer lines that tie into lines in the Crosstown Boulevard and/or Bunker Lake Boulevard right-of ways. t2J~ I. To the extent any permit is normally required for work related to the Site, Grantee agrees to fill out the normal application to facilitate Grantor's recordkeeping. Grantee will not be required to pay any fees for this work. Grantor recognizes that no permits are required for work carried out on CERCLA Sites but that Grantee must comply with the substantive requirements of the local laws and regulations. J. With respect to land owned by Grantor south of the Site as marked in yellow on Figure A, Grantor shall provide access to Grantee to construct a sewer line from the Site to tie into the line on Bunker Lake Boulevard. K. Grantor agrees that no fees, charges or assessments will be imposed on Grantee for access under this Agreement, except as set forth in paragraph 3.C. CITY OF ANDOVER ACCESS AGREEMENT -5- o ~) '\ ......) -0 ~ ~ .! !'l 0 :b.. ~ ::J C ~> o ;:olll ~ FTlO ,>C .' -I 1C::Q:I: 5-""Cto ::!: ::J >0 co III Z;:o C I .. .. (}.. .( <... <=> ~ l52l a: ;::::::::; =,~"" :".~-,.:--- ---,="-. -:-.: ti"z=E N ~ ... . ~n ~= ~~ ~ ~ c: " .... "- '" '" I '" ~ " ~ .3 - !llll _ I,il, , I'Ii~P~ i I f i I ! I II I ....t3~.=. = . t IIPnl!l~ I I li"b , J i I I II - ~ 1 " 1 . :1 .. . . ..... " ~ .j>.n jj::u :e~ . \:1- ..Jc c;) c !!l o .:J o ~ ~ g~ ..... co VI I ;:0 ~ o N o o - - ,.... 3: Z ...... , z o ~~ t'1~ A,1'Tl"'C :::, u>:;:o 9.-1~ o IDO ~ Ou> ,:-, :;:0 I'Tl :;:00 ~~:;:o :::so I'Tl =: :::, rO<C Q) -C c: ~ 3:: (') ~ ~-11'Tl Q U>O ~ E-2OOO -+- .,J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 17, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA Discussion Items ITEM t\O. Special Use Permlt Underground Storage Tanks SuperAmerica Group, Inc. NE Corner Hanson & Bunker David L. Carlberg City Planner BY: ..:3. ~ REQUEST The City Council is asked to review and approve the Special Use Permit request of SuperAmerica Group, Inc. to install underground storage tanks for the bulk storage of liquid fuels. The property is located at the northeast corner of Bunker lake Boulevard NW and Hanson Boulevard NW. APPLICABLE ORDINANCES ~ Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 4.26, requires a Special Use Permit for all uses associated with the bulk storage of liquid fuels. Planning & Zoning Review The Planning and zoning Commission, at their July 27, 1993 meeting, tabled the item to give SuperAmerica Group, Inc. and the Hills of Bunker Lake residents the opportunity to meet and to resolve issues and concerns presented at the meeting. On August 2, 1993, a meeting was held by the Hills of Bunker Lake residents and SuperAmerica Group, Inc. at the Andover Elementary School. CONTINUED MOTION BY: '-~ TO: '\ 'J ~age ~wo Special Use Permit - Tanks SuperAmerica Group, Inc. August 17, 1993 On August 10, 1993, the Planning and Zoning Commission continued the public hearing. A presentation was given by Xerxes Corporation, Inc., manufacturers of the proposed tanks, on the safety of the tanks. SuperAmerica Group, Inc. also presented standard emergency procedures and equipment associated with the service station. The Commission made the recommendation to the City Council to approve the Special Use Permit with conditions as listed on the attached resolution. The vote was 4 yes, 0 no, 2 absent. Staff has included with the packet materials, in addition to staff reports and minutes, those items submitted at the meeting as a part of the official record. Attached is a proposed resolution for Council review and adoption. o , '\ ~~ ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF SUPER AMERICA GROUP, INC. TO INSTALL FOUR (4) UNDERGROUND STORAGE TANKS FOR THE BULK STORAGE OF LIQUID FUELS ON THE PROPERTY LOCATED ON THE NORTHEAST CORNER OF BUNKER LAKE BOULEVARD NW AND HANSON BOULEVARD NW, PIN 35-32-24-23-0005, LEGALLY DESCRIBED BELOW. WHEREAS, Super America Group, Inc. has requested a Special Use Permit to install four (4) underground storage tanks for the bulk storage of liquid fuels (gasoline) on the property located on the northeast corner of Bunker Lake Boulevard NW and Hanson Boulevard NW, PIN 35-32-24-23-0005, legally described as follows: That part of the Southwest Quarter of the Northwest Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesota, lying south of the North 600.00 feet as measured at right angles to the East line thereof; Except the West 150.00 feet thereof. WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Section 5.03 and 4.26; and , ) ~ WHEREAS, a public hearing was held and there were concerns and opposition regarding the environmental safety of said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & Zoning Commission to allow for the installation of four (4) underground storage tanks for the bulk storage of liquid fuels (gasoline) on the property located on the northeast corner of Bunker Lake Boulevard NW and Hanson Boulevard NW, PIN 35-32-24-23- 0005 on said property, with the following conditions: 1. The applicant shall provide to the City, in writing, proof that the tank meets all State requirements and installation regulations. 2. The Special Use permit will be subject to a one (1) year sunset clause as defined in Ordinance No.8, Section 5.03(D). 3. The Andover Fire Marshal inspect the tanks and their installation. , ) '\ '-~ Page Two Resolution Super America August 17, 1993 4. The Special Use Permit will be subject to annual review. 5. SuperAmerica Group, Inc. should continue to interface with the neighborhood and to address their concerns to the best of their ability. Adopted by the City Council of the City of Andover on this 17th day of August, 1993 CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk ,J " " ) '\ 'J '\ '-~ '\ ) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION August 10, 1993 DATE AGENDA ITEM 3. Continued P.H. Special Use Permit Gas Storage Tanks SuperAmerica ORIGINATING DEPARTMENT Planning ~ David L. Carlberg ~~ City Planner APPROVED FOR AGENDA BY: BY: REQUEST The Andover Planning and Zoning Commission tabled this item at the July 27, 1993 meeting to allow the Hills of Bunker Lake residents and SuperAmerica Group, Inc. to meet and resolve the issues and concerns from the previous meeting. The meeting was held at the Andover Elementary School on Monday, August 2, 1993. A memo was sent to the Commission informing you of the meeting. The Commission is asked to review the Special Use Permit requested by SuperAmerica Group, Inc. to locate below ground storage tanks for the storage of liquid fuels (gasoline) on the property located on the northeast corner of the intersection of Bunker Lake Boulevard NW and Hanson Boulevard NW, PIN 35-32-24-23-0005. The Commission should bring the packet materials on this item from the July 27, 1993 meeting. Staff is still recommending approval of the Special Use Permit with the conditions listed on the resolution presented at the July 27, 1993 meeting. .\1-' " ,~ 08/10/93 13'51 :!: 612 755 3750 P.01 FIRST BRHK CR ~ , August 9, 1993 Mr. Jim Deselms Mr. William K. Ferris, ~IA Mr. Andrew J. Priolo superAmerica Group/ Inc. P. 0, BOX 14009 Lexington KY 40512 Dear Sirs: This letter is in response to your request f.rom the joint ~eting held with the residents from the Hills of Bunker Lake on Monday, AugusL 2, 1993. At that meeting you lequested that any ,further questions qe submitted to yoo in wtiting. we reserve the right to seek clarification to any or all or your responses. .Listed below are some of the issues connecLed Lo the construcLion of the new SuperAmerica gasoline station on Hanson Boulevard and Bunker Lake Boulevard, The quesLions are numbered but are not lisLed in order of imporlance. Please send your written responses lo Curtis A. Martin$on, 1448 - 138th Avenue NW, Andover MN 55304. : 1. Describe or explain how lhe parking lot will act as its own holding area should a spill occur from a tanker. please describe the capacity of this area and how many gallons the parking lot will hold prior to the natural run-off into Lhe ditch or adjacent soil. 2, Describe in detail, then illustrate on a site plan where your storm drains or spillways will open up inLo Lhe drainage system or ditch. Please include with this response a topographical map which shows lhe waler flow from t.he entire parcel of land to be purchas~d, 3. WhaL is the size of Lhe holding pond Lhal Lhe gasoline would run off into if a major spill were to Lake place? (Be specific) , 4. What is lhe capacity of lhe ski~r system proposed for lhe holding pond to be located on the properly. Describe how this skimmer system would function if 9,000 gallons (one tanker) were to spill all of Lhe gasoline aL one time. 5. Describe how much wetland will be filled and/or mitigated where the service drive is lo be construcLed. Where will these weLtands be moved to on the prop- erly? Will the holding pond wiLh the skimmer be pa~L of that mitigalion pro- cess? What is' the ratio of wetland mitigation of existing wetland by square footage to proposed new welland developmenl? please provide a map showing the proposed ponding and mitigation. 6. Has SuperAmerica used oLher collecLion systems for environ~ntal cancel'ns when working so close to a pond or lake? If yes, what are the contaminant alternatives fot potential major spills? Describe how ~hese olher systems ate designed and whether or noL they are being considered for the Hanson Boulevard/Bunkel Lake BoUlevard consLruction site. 7. Would SuperAmerica consider completing an environmental impact statement for , ) this specific site in the Hills of Bunker Lake? If not/ why not? ,) .' " o ,-_J \ ) ./ . ~ 88/113/93 13.52 P.02 X 612 755 37513 FIRST 8RNK CR .. 8. Has Super1llr1f;:dca ever used a li.ner in a pond or lined a diLch La prevenL any spills for additional soil conlaminaUon? If the answer is yes, please explain how these liners have been used effectiv~ly. . 9. We residents feel that there is a need for an additional buffer zone between the residenti~l properties and Lhe conm~rcia1 property; specifically, lhe two 10ls which are not part of your construcLion siLe bul ate bein9 held fOr' tf:!sa- Ie. Is SuperMlerica willing Lo eiLher construct the buffer zone at the time the station is consttuclEld at Lo place resLricLions oil l.he property deed, perhaps in the fOLm of a covenant, Lo assure neighboring residenLs LhaL an adequate buffer zone between commercial and residential properties is consLrucled? 10. WhaL assurances do the residents have to insur~ or guarantee a saLis(;acLory resolution or' f~conomic replacerrenL iF. a major s~il1, fite, or other accident lakes place, and our properly is harmed, defaced, or devalued? This cOQcern is not, only in Fegard Lo the nearest pond Lo your ptoperly but also tn.all of the inLer-connecLed ponds and creeks wiLhin th~ area. Will you prOVide Lhe City of Andover, and more importantly, the local resid~nts & written guarantee for satisfactory resoluLion? ' 11. Describe Lh~ moniLoring Lhat SuperN1l0dca will perf.orm or pul.: in place 1.:0 aSSUl e thaL OUt. ponds in Lhe Hills of Bunker Lake will not be polluled by your gasoline station. For exall;>le, will you perform <;!uClrterly testing of water for the adjacent pond and all inLer-connecLed ponds for petroleum contaminants? 12. OE;!scdbe and explain how Lhe skimmer sysLem wHl work in tho holding pond during llle wintet months when the ground is fLozen and a major spill may Lake place. 13. Has SuperAmerica considered relocating this holding pond and skimming sysLem Lo another location on its exisl1ng properLy? Relocation of lhis holding pond will help alleviaLe pOSSible contamination due to spills, etc. Is a permit required from the DNR, EPA, and l'CA for Lhe locaLion of a holding pond adjacent \.;0 another water source. 14. Describe the lraining your storu managers and employees receive tegarding potenlli\l spills. 'rell us about the absorplion materials located within your stores Lo handle these conlaminants. When Lhe matedals are uS(;!d Lo clean up a spill, how are Lhey disposed of? How is I.:he cont~rrdnated soil thal results from one of these spills disposed 0(1 15. Will super~~tica agree to notify the residents of I.:he Hills of Bunker Lake or its association off:ic~rs now at" any tiIro in the future when they purchase additional properLy in Lhe HUls of: Bunker l.ake? 'l'hank you for Laking the tin~ lo Lespond Lo these queslions. are becoming more educated as lime goes on and teserve the quesLions may come up in Lhe near ful:ule. If olher quesLions will fOLWat'd them 1.;0 you immediately. . As residents, we right thaL other 'tre developed, we Yours Lruly, Curtis h. Martinson ,~ ~ ~ J~ul ~ IffJ We, the undersigned residents of Andover, are opposed to the Special Use Permit for the underground storage tanks for the bulk storage of liquid fuel and the proposed development by Super America Group, Inc. to be located at Bunker Lake Blvd. NW and Hanson Blvd. NW because the environmental concerns associated with this project have not been addressed. . Add~~~~ -1; ~ . + ~ i ./ ~ ~ Z5 /3 (LIi 00t.b-~T30f ~" ~~ - ~~ Y---- n?i7 r.:,(UE~'~D A-- u) IQi,LAA ...~ ~ 13'1[:7 3/t:eh:rc! 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I J30(7;;'-....1-" '-' l) J A , t3S'~ 1- /L( , / .l-~ 9 ~':JUJ} r0 /993 '\ o We, the undersigned residents of Andover, are opposed to the Spedcil Use Permit for the underground storage tanks for the bulk storage of liquid fuel and the proposed development by Super America Group, Inc. to be located at Bunker Lake Blvd. NW and Hanson Blvd. NW because the environmental concerns associated with this project have not been addressed. ~ .;/ /c:./.L<.- ~...//./7:;~,..,~C'<-,/",/ /3-? o-z. .NUJ (),...J::c S..,J /Yhd'~ ~( .kJr-. ff0:4 A, ~ ---- 1'56d.-L OJ-rtk.. ~t-~ Ai')~IJlrftr- I W ~ 1<;06 /)8~btn-ottlJ) 'hdDJif ~'/y . 0 r ~ r-/~ ~e<:<J;;~~ /-5'22- /~S?< hL4'. Al')ofr;Ld- j;!r1t;:'t;;33 t~, Il/~,~ ~::::~' ~~ J(L36 -::'i?7A!~I :!;;;;~///[ · _ _ ----'-- /~.Jc:? /.l? _~ _ _~4-U/ ~ 'cJy ~ bp-<~ )111:L 131.~(]^..e... tV, W. ~~ f'l'\N ~.th:. " ~~ /37 () ~ ~ Iv'tJ /YlV tJ .3 7 ) - v.4J Q .5f'1? ~ 'tJ.W d , ~ a Ck~ /lc~~ /,'/;:; 7 / / 7 :V~&e,A.J , /; ;f T /~ ?ll ",,-. ~J '0 ,.) '\ 'J o;~t t,!f93 We, ~he undersigned residents of Andover, are opposed to the Special Use Permit for the underground storage tanks for the bulk storage of liquid fuel and the proposed development by Super America Group, Inc. to be located at Bunker Lake Blvd. NW and Hanson Blvd. NW because the environmental concerns associated with this project have not been addressed. "J ,~ ,,) ~c14..r~ b I /9"93 We, the undersigned residents of Andover, are opposed to the Special Use Permit for the underground storage tanks for the bulk storage of liquid fuel and the proposed development by Super America Group, Inc. to be located at Bunker Lake Blvd. NW and Hanson Blvd. NW because the environmental concerns associated with this project have not been addressed. .\:..-- , !J-~..,-...-f /' Jl /) C/ '" !.'j' I~ tZ,1.,~. ':"~"-;"::i..~ (I C f'\ // ' /~;~u ..' .~_/-:>.A~.c_--<-_ ~- \ \~' ' I r~ ' ~ .-J:-;..fl"''--C1),,--:'~/ ~'-"-1 / ~ Address 1'-ft17 - /3q~ g~ AJLJ ' 1<:> ;:; 0, \ c::...,.... \. ' ~ 1 } ,-:--.1 (\ ~......\. \'~ !.~37 ;":)9/ 1/7 IlJW . J'5~1 /391-1-, LV") rUL0 I F) c 7 - /5 q lj _ L j/), YJ uJ / </77 / ..37 .0:::- CA./ 'f/(,..../ W{, - / // ~ ~ jL/{J {: - / L/ 0 ~ At,<-, A/ &t/ I~/P - /1-c> 7]:: All j1/ I/V /;} ~A:' - / '/c J-!i ~ L/ e:-, ~/~",' t'~4<e-. GLtz..b'( rt, ~ (J'""\ , OGua' ~\ I 97 j ,,~ We, the undersigned residents of Andover, are opposed to the Special Use Permit for the underground storage tanks for the bulk . storage of liquid fuel and the proposed development by Super America Group, lnc. to be located at Bunker Lake Blvd. NW and Hanson Blvd. NW because the environmental concerns associated with this project have not been addressed. '1 , ,-.J , Lou Address , (Z:g- !QJ!J- ,) -,-) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION July 27, 1993 AGENDA41TEM bl' H . .Pu lC earlng Special Use Permit Gas Storage Tanks Super America DATE ORIGINATING DEPARTMENT Planning David L. Carlberg City Planner BY: APPROVED FOR AGENDA ~ BY~ REQUEST The Andover Planning and Zoning Commission is asked to review the Special Use Permit requested by Super America Group, Inc. to locate below ground storage tanks for the storage of liquid fuels (gasoline) on the property located on the northeast corner of the intersection of Bunker Lake Boulevard NW and Hanson Boulevard NW, PIN 35-32-24-23-0005. APPLICABLE ORDINANCES " Ordinance No.8, Section 4.26, establishes the criteria for a Special Use Permit for all uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids. By requiring a Special Use Permit, the City has some assurance that fire, explosion or water or soil contamination hazards are not present that would be detrimental to the public health, safety and general welfare. Ordinance 8, Section 5.03 regulates the Special Use Permit process, outlining conditions and procedures. ',--./ GENERAL REVIEW The requested Special Use Permit is for the installation of four (4) underground storage tanks. The proposed tanks will consist of three (3) 10,000 gallon tanks and one 12,000 gallon tank. The tanks will be required to be installed per State guidelines. " " ~ Page Two Special Use Permit - Super America Storage Tanks " July 27, 1993 , 'J RECOMMENDATION Staff recommends the Special Use Permit requested by Super America for the storage tanks be approved with the following conditions: 1. The applicant provide to the city, in writing, proof that the tank meets all State requirements and regulations. 2. The request be subject to a sunset clause as specified in Ordinance No.8, Section 5.03(D). 3. The Andover Fire Marshal review the tanks and their placement. 4. The request be subject to annual review by City Staff. ) ) , ,) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF SUPER AMERICA GROUP, INC. TO INSTALL FOUR (4) UNDERGROUND STORAGE TANKS FOR THE BULK STORAGE OF LIQUID FUELS ON THE PROPERTY LOCATED ON THE NORTHEAST CORNER OF BUNKER LAKE BOULEVARD NW AND HANSON BOULEVARD NW, PIN 35-32-24-23-0005, LEGALLY DESCRIBED BELOW. WHEREAS, Super America Group, Inc. has requested a Special Use Permit to install four (4) underground storage tanks for the bulk storage of liquid fuels (gasoline) on the property located on the northeast corner of Bunker Lake Boulevard NW and Hanson Boulevard NW, PIN 35-32-24-23-0005, legally described as follows: That part of the Southwest Quarter of the Northwest Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesota, lying south of the North 600.00 feet as measured at right angles to the East line thereof; Except the West 150.00 feet thereof. WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Section 5.03 and 4.26; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and 1 ~ WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & Zoning Commission to allow for the installation of four (4) underground storage tanks for the bulk storage of liquid fuels (gasoline) on the property located on the northeast corner of Bunker Lake Boulevard NW and Hanson Boulevard NW, PIN 35-32-24-23- 0005 on said property, with the following conditions: 1. The applicant shall provide to the City, in writing, proof that the tank meets all State requirements and installation regulations. 2. The Special Use permit will be subject to a one (1) year sunset clause as defined in Ordinance No.8, Section 5.03(D). 3. The Andover Fire Marshal inspect the tanks and their installation. , ) ~-J ~) .:J Page Two Resolution Super America August 17, 1993 4. The Special Use Permit will be subject to annual review. Adopted by the city Council of the city of Andover on this 17th day of August, 1993 CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk '-.. 'R I i 1'1'1 ~,~"., I -.:z.... I - ,I' . '.. _ I ~, I " ,,"1:/11'-(" /o~...s!' _ I I ~.. ,/ I I]' "-"" '/"'" - , ~.. \ i II~ _.. -- ; ~ - -- J' -- !_~ ~ITY-! : - - .- -:-,' '- _,1 III~--; i'J '.. j '~E ot'"""""'. ALL' . ': :.. Iii I ( \ i II ill! :: I' oc\ 'l.":, "",., ." .. I ~ --.---.:-~._~.~:\--~~\...T....-~ , ,...r:ci1~:::,~ h~.... _ ~ i.... .~~:.. : ~~f~~~!~ of. : I ~" I ~I '"<. ~~ "':)-;',! I'::: rr--1 ;';' :' '. .' ,q:, " ~"" -fl/L.i.$" :':;'I!)' 'I" I ", li",/:';'(,,:" " .:,".>. I . 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N d . :..I' .. U) @T- ...,. I .( 5'-0. I } 41-6- I END TANKS CONC. DeADMAN BEAMS SECTION .' o I ,. , 2' , 3' I. KEYNOTES: CD TANK EXCA V A TION. o CONC. DEADMAN, LENGTH TO BE 12- GREATER THAN TOTAL LENGTH OF TANK. (TYP.) o STRAP. o HOLD DOWN STRAP. CENTERED ON FACE OF RIB DESIGNATED BY ARROWS SHOWN ON DETAILS FOR FIBERGLASS TANKS. o TIES (3) REO'D. EA. STRAP. (METAL CLAMPS.) o TURN BUCKEL. o WIRE CABLE EYE (HOLD DOWN STRAP). o TANK. @ (4) '4 REBARS W/I3 TIES. NO SCALE ..... ELEVATION o " 2' 3' 4' 5' 6' I , I , , , I \ '-~ o (6) '4 REBARS W/I3 TIES. @ PROVIDE CORROSION CONTROL. OF ALL TANK ANCHORING HARDWARE.- SEE DETAIL CC.30. NOTES' 1. SEE SPECIFICATIONS DIVISION 15, SECTION 15065 FOR UNDERGROUND PETROLEUM STORAGE TANKS. , '\ ,~ OAT" ~."I_&~ A{J~ Trn.1i ".~. af~ "KV, ~.~.,- 'lz. ..-..v';::'.;ff 'IZ TANK ANCHORING e.Hwsu=y NO. .e....... 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" -z . .... ~~;; i .... '; PI ~g n .... n . " n ~ !::! PI g 2 ~~ ~ " PI " 0 '\ "~ ,,) - ,J JUN-03-1993 14:43 FROM CITY OF ANDOVER 16062642446 TO P.02 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT property Address -Lj..'\..1o,,\ (1I.\I~ Q.....do. n,.......1w- t.....r..... ttJ"'o<\ . Legal Description of Property: (Fill in whichever is appropriate): Lot 3 alock ~ Addition ..s....rv- AN'J'''''''' M\i1'td,"\ 3S ..1.l. - )..1 ..;J..J M <J... PIN .JS -..u -..1'1 - .lJ - 0 fJuf (If metes and bounds, attach the complete legal description.) Is the property: Abstract or Torrens ? (This information must be provided and can be obtained from the County.) --------------------------------------------------------------------- Reason for Request ~~~:~I ---1nk. \ l.J.l... f<U',.....; T {..,.. U^d.:.r.:>-.J. -1\'0 f~ ~ Section of Ordinance -1. -z.G:, 1.c::;:6~ Current Zoning I G.n --------------------------------------------------------------------- Name of Applicant ..s"'rr A",..,.: v. G"C),-\11 JI\<;... I A"""",, Pc-:Q)u . I / / L~;:J lo'.}..y "fo.s I~ Business Phone (nOCa- e2r."1- .Jut;. Address P.O. ~ox l"looo Home Phone signature ~ G'~ Date G/lh.:!. , I --------------- ---------------------------------------------------- Property Owner (Fee Owner) ..sl.trr Al"\uo;<;.... c'N"'r J'n<:.. (If different from above) Address -.SQI"\L. q,~ a..~I,o.u~ Business Phone Home Phone Signature Date --------------------------------------------______H__________________ '\ ./ ,) '\ '-. .) " SPECIAL USE PERMIT PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial Residential Amended SUP Recording Fee 6:13.0. 0:0' J $l5lf.-00 ~ "2lD. 'D'C $~O_~~ / QO.OO,J -=--- Date Paid 1- / z - c;~5 '4'7393 Receipt # Rev. Res. 5-06-93:d'A 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. '. \~ '\ ,) , '. ) ,o.~ .~<"-~...,. .C.'~/ ~""\ '. -c .{ ._\ \~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NoW, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, July 27, 1993 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of Super America Group, Inc. to install underground tanks for the bulk storage of gasoline on the property located at the northeast corner of the intersection of Bunker Lake Boulevard NW and Hanson Boulevard NW (PIN 35-32-24-23-0005). All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review p(ior to said meeting. Vi~vt~ity Clerk Publication dates: July 16, 1993 July 23, 1993 35 32 24 23 0030 Hills, Inc. 2619 Coon Rapids Blvd Coon Rapids, MN 55433 ,~5 32 24 23 0035 ;ank C & Susan I Shaft 13814 Drake st NW Andover, MN 55304 35 32 24 23 0038 stanley N & Joanne G Deden 1460 - 138th Ave NW Andover, MN 55304 35 32 24 23 0041 George A & Kathleen A Pitts 1430 - 138th Ave NW Andover, MN 55304 35 32 24 23 0025 Hills Inc. 2619 Coon Rapids Blvd Coon Rapids, MN 55433 34 32 24 41 0004 Miller Driscoll Inr Inc 3430 Wescott Hills Dr. '1gan, MN 55123 '_/ ) 35 32 24 23 0032 George W & Diane 1 Keller 1508 - 138th Lane NW Andover, MN 55304 35 32 24 23 0036 Guy A & Kelly Whiteman 13802 Drake st NW Andover, MN 55304 35 32 24 23 0039 Curtis A & Lynne C Martinson 1448 - 138th Ave NW Andover, MN 55304 35 32 24 23 0045 Hills Inc. 2619 Coon Rapids Blvd #101 Coon Rapids, lMN 55433 34 32 24 14 0002 united Power Association Elk River, MN 55330 -rL.-~ 5,-\ ~t} SL-\..6~"" V' ~ n..."'. \ lOce...... 35 32 24 23 0034 Mordechai & Ruth A Kobany 13826 Drake st NW Andover, MN 55304 35 32 24 23 0037 David R & Diane P Chad 1470 - 138th Ave NW Andover, MN 55304 35 32 24 23 0040 Bradley E Mason 1438 - 138th Ave NW Andover, MN 55304 35 32 24 23 0024 Wayne & Terry Fischer 1459 - 138th Ave NW Andover, MN 55304 34 32 24 14 0003 United Power Assc. Elk River, MN 55330 Andover Planning and Zoning commission Meeting Minutes - July 27, 1993 I '\ Page 2 '-J ~ o '\ o PUBLIC HEARING: SPECIAL USE PERMIT - UNDERGROUND STORAGE TANKS FOR THE BULK STORAGE OF LIQUID FUEL, BUNKER LAKE BOULEVARD NW AND HANSON BOULEVARD NW (PIN 35-32-24-23-0005) - SUPER AMERICA GROUP, INC. 7:37 p.m. Mr. Carlberg reviewed the request of the Super America Group, Inc., to locate below ground storage tanks for the storage of liquid fuels on the property located at the intersection of Bunker Lake and Hanson Boulevards. Special Use Permits are required to insure that fire exposure and soil and water contamination hazards are not present and that they would" not be detrimental to the public health, safety, and general welfare. Four underground storage tanks would be installed. Three would be 10,000-gallon tanks and one would be a 12,000-gallon tank, all installed per state and federal guidelines. The property is currently zoned General Business in which gas stations are an allowable use. A resident from the area called stating they were in favor of Super America being there because of the need for a station in that area. Staff is recommending approval. Chairperson De~n opened the hearing for public testimony. Randv Ritters. 133 140th Lane - asked if this is the normal sized tanks for gas stations. The residents are concerned with the term bulk and envisioned this being a large terminal where trucks are filled. Mr. Carlberg explained the proposal is to construct a Super America station on that parcel. Those tanks are to store fuel for the islands to service vehicles with gas or diesel. These are standard tanks. The City has the specifications on the tanks and a letter from the state. Mr. Ritters - was concerned about their property values and where the City of Andover is going with the zoning. They have seen a lot of activity on the Superfund site across the street, and they are worried about more contamination which will affect their future value when they sell their properties. He also asked if they can see plans for the station. Mr. Carlberg stated this is a standard bulk storage for gas stations. This deals only with the bulk storage tanks. The commercial site plan will be reviewed by the Staff at a future time to be sure that all ordinance requirements are met. Chairperson Dehn also noted that there will be another public hearing at the time of the preliminary plat. Andv Priola, Super America Enqineerina Department - reviewed the size of the tanks, noting they are standard for Super America stations. They are the sizes needed to accommodate the amount of gas pumped into the vehicles. Mr. Ritters - saw a problem with discussing the gas station itself at a future time. If this permit is granted, they have the bulk storage ant then they have to deal with the cosmetics of how it fits into their neighborhood and how it fits into the future improvements of Hanson ant Bunker Lake Boulevards. If he saw a plan of what this would look like when completed, he would be more open to the idea of bulk storage. He still sees 18 wheelers driving up to a co-op. Commissioner Apel explained if they are within the parameters of the ordinance, they are Andover Planning and Zoning Commission Meeting Minutes - July 27, 1993 (-, Page 3 . '\ '-~ (Public Hearing: Special Use Permit, Underground Storage Tanks, Super America Group, Bunker Lake and Hanson Boulevards, Continued) allowed to use the property as they wish. That site has been set out specifically for this purpose. A Special Use Permit is required so the City can control their continued compliance with all ordinances. Mr. Carlberg also noted that some cities do not required Special Use Permits for the storage tanks. Andover does so the Fire Department knows what it is up against and also what the residents have in the area to be able to handle any problems. This is a permitted use as long as a certain amount of square" footage is dedicated toward retail. He also explained the sketch plan and preliminary plat will deal with the subdivision of the property according to the platting and zoning ordinances, including drainage, wetland delineation, etc. This deals with the tanks themselves, not the buildings, screening, etc. Linda Miller. 1299 140th Lane - wanted to know if someone has looked at the hazards. If there would be a fire, would there be any chance of damage because of the heat factor and the chemicals to the landfill site that has been covered because of the close proximity of those two areas. Mr. Carlberg stated that has not been specifically looked a.t. The landfill site is quite a ways away from the location of these tanks. Both the EPA and PCA have set guidelines on the landfill itself as to a buffer area around the toe of the landfill and what land practices are allowed around it. He didn't think that would be a concern. ~J Ms. Miller - asked that the EPA be called and notified of this use. Commissioner Squires asked about the proximity of the transformers across from the proposed station. Mr. Carlberg didn't know if that would be a factor, though the owner has been notified and has not expressed a concern. He can look into those two items further. Mr. Priola - Super America meets or exceeds federal regulations for underground storage tanks. They have a complex system which has been submitted to the City -- a tank anchoring system, electronic line leak detectors, spill containment manholes, etc. It's state of the art material. They are putting gas under ground that will be going into cars within a very short period of time. Matt Krell, Super America - has never heard of an underground tank actually exploding. Whatever explosion would happen above ground. They are fiberglass' tanks with double walls. The underground lines are fiberglass. Mr. priola also explained if there was a leak in the initial tank or any leakage from the outside going into the tanks, their sensors would immediately notify them of a problem. '~ Curt Martinson. 1448 138th Avenue - abuts this property and stated it is too bad that the plans aren't available which would help answer some of their questions. He felt there is also the filling and emptying of the tanks, not the tanks per se. The problem comes in for the residents because of the extensive ponding system through the Hills of Bunker Lake with the filling and emptying of the tanks. Any leakage when filling of the tanks, any runoff or seepage will end up in their storm drainage system, the ponds and their ground water. That is very scary to the Andover Planning and zoning Commission Meeting Minutes - July 27, 1993 r" Page 4 "~ (Public Hearing: Special Use Permit, Underground Storage Tanks, Super America Group, Bunker Lake and Hanson Boulevards, Continued) residents in the area. They are also especially concerned about the buffer between the commercial and residential area. 'With the mitigation of the wetlands that must happen because of the driveway going north to access Hanson beyond the medians, they would like to know how that will be handled. They also want to know how a major spill and the general run off will be taken care of. with that much traffic through this type of station, the~e is a build up of gasoline and oil just from general spillage. They are concerned that will all run off into their ponds. It is the process of getting into the tanks and the result of the pumping out of the tanks that is the cause of most of the residents' concerns. With land and home values in that vicinity being very high, they want to know what is happening. What else will follow Super America in there? It is definitely a concern. Those are the questions they want the City and Super America to be answering. Commissioner Apel understood the concerns of the residents and wondered if the City's ,procedure could be such that all the concerns could be addressed at one time, because this same thing has happened many times in the past. Mr. Carlberg noted the procedure, and that they would not even proceed with the project if they were denied the ability to install the underground storage tanks. This is the first step. The property could be platted without knowing what is going to be put on the parcels. As long as they conform with the ordinance, it is a permitted use. o ~ Jovce Twistal, Lot 4, Block 6. Hills of Bunker Lake 3rd Addition - requested that the public hearing be postponed until such time as an Environmental Assessment Worksheet is completed. She believed that would address the questions that Mr. Martinson raised. She knew Super America has been a good neighbor in other communities, but she is not aware of any ponding situations as close to a filling station in any other community. She understood that in order to install underground tanks, ground must be removed. She wanted to know where that would go. She also wanted to know what kind of pollution and what the water table is at the time that the soil is released. She felt there are a lot of issues that must be addressed before a recommendation can be made. She also asked that she be notified of any future hearings regarding this property even though she is outside the 350-foot area of notification. Dave Chad, 1470 138th Avenue - realizes this is for a Special Use Permit for the tanks, but the next thing that has to follow is the overall site plan. He worked in an engineering department for over 15 years and site plans always had to be submitted. He didn't know how anyone could get away with asking for a permit for tanks without showing exactly what will happen if there is a leak there. He's not against Super America coming into that location; however, he would like to know where the drainage is going and where the buffer is. If he wants to sell his house five to ten years from how, will he be able to sell it? One of the major values of a house is the neighborhood. If he has a gas station sitting in his back yard with no buffer zone and no decent drainage, that neighborhood will go right down hill. He felt it would be prudent for Super America to get that information out to the Andover Planning and Zoning Commission Meeting Minutes - July 27, 1993 Page 5 " '..,J (Public Hearing: Special Use Permit, Underground Storage Tanks, Super America Group, Bunker Lake and Hanson Boulevards, Continued) neighbors, at least the site plan. It would save a lot of time and grief to have all that information right now. Mr. Carlberg stated the drainage, wetlands and grading will be looked at during the time of the preliminary plat. This is just the first step. The Review Committee will look at the site plan to be sure it meets all commercial construction codes, screening, parking, etc. All of these issues will be looked at, plus the county will be involved because both roads are county roads. - Mr. Chad - guessed that Super American had already done those plans or is at least working on them. It wouldn't take that much time to get that information to answer most of the questions for the residents. Chairperson Dehn asked Mr. priola if they would be willing to work with the neighborhood or a neighborhood representative to answer some of these questions for the residents. Mr. priola stated they would be willing to work with the residents and would supply an enginee;- to answer any of these questions. He explained they have done extensive work with the Coon Creek Watershed District and submitted an extensive delineation plan complying with all of their regulations. So the concerns of drainage are being addressed. They want to do everything ''\ they can to comply with the City's wishes. ,-j Mr. Martinson - asked why they won't bring their plans to the residents. He is aware that Super America has done extensive final plans, having seen the drawings himself. The residents want to work with the City and understand commercial development will be there, but this specific situation brings special concerns. He thought an environmental worksheet has been or is being worked up on this specific Special Use Permit because of the nature of the permit self, and he felt as residents they should have the right to review that to answer their questions. Earlier it was said there would be a public hearing to potentially approve the preliminary plat, and now he is hearing that if it meets the City guidelines they would never have a chance to review it. Therefore, he felt they have been mislead slightly and urged the Commission to defeat this Permit, or at minimum continue it. The residents would like to petition to let the Commission know how vocal they are on this until they get their questions answered. Finally, Mr. Martinson felt when items like this come in a piecemeal fashion, it makes sense in the future to have preliminary plats completed. The City can require that to get all questions answered and potentially get away from all these issues. Mr. Carlberg stated a public hearing will be held for the preliminary plat, which deals with the site; but the use is a permitted use under the ordinance, and the site plan is reviewed by the Staff for compliance ~ to all requirements. No resident will be notified if a permitted use '-/ goes on those lots. Commissioner Apel didn't think the City was doing the right thing any time it shuts the residents out. Chairperson Dehn agreed, noting that is why she suggested the communication between Super Am~rica and the residents. Andover Planning and Zoning Commission Meeting Minutes - July 27, 1993 (\ Page 6 '/ (Public Hearing: Special Use Permit, Underground Storage Tanks, Super America Group, Bunker Lake and Hanson Boulevards, Continued) Mr. Twistal - asked that City Staff meet with the residents to explain the ordinance requirements, the buffer requirements, etc., to satisfy some of the concerns. There are drainage issues that are important, re- emphasizing the environmental worksheet. The issues would be addressed if the document was before the Commission. She also requested that someone examine. the fact that if the Special Use Permit is granted tonight, legally the City could not deny that plat. She requested the item be held over until a neighborhood meeting is held and their concerns can be addressed. Perhaps then they will support the issue. Ruth Kobanv. 13826 Drake Street - was not so concerned about the safety of the tanks but what the City or state could do to keep the residents environmentally safe. Andover does not have a good record of keeping its residents safe from the hazards of the environment. It took ten years to clean the problem across the street. How long would it take the City to do sQmething if there is a damage spill? " ,) MOTION by Pease, Seconded by Jovanovich, to close the public hearing. DISCUSSION: It was determined that if the hearing is closed, the Permit would have to be voted up or down. The preference was to table the item to allow representatives of Super America to address the concerns of the residents. VOTE ON MOTION: 5-No; 2-Absent (McMullen, Peek). Motion fails. '\ ......~ MOTION by Apel, Seconded by Pease, to table this public hearing until such time as we can get some of the neighbors' questions answered. Hopefully, when it is rescheduled, we will have a clearer view of what we are doing and we can move forward on this issue. DISCUSSION: was on the issue of an environmental worksheet. Mr. Carlberg stated the ordinance does not require it. It may be required by the federal or state. The City's requirements are so it is known what is there. He can check with legal counsel to determine whether or not the City can ask for an environmental worksheet. Commissioner Apel stated he would not be willing to make that a part of the motion. Commissioner Squires stated Super America has the right to put the property to the uses allowed by ordinance within that zoning district. He lives in that area and would be as affected as anyone in the neighborhood, but he looked into that when he bought his house and knew that was General Business. There are concerns to be addressed, and it has been his experience in the past that Super America has been willing to work with the neighbors. He felt the City should also be involved to get that information as well to make a well informed decision. Mr. priola stated they are more than willing to have their experts work with the neighbors and include the City as well. Commissioner Pease felt it would be a good-neighbor policy to settle all the questions in advance so they can proceed in an orderly fashion. Carolvn Clark. 1292 140th Avenue - asked if the Planning and Zoning Commission would submit an ordinance that an environmental study is required to go with this type of proposal. Commissioner Apel stated Andover Planning and zoning Commission Meeting Minutes - July 27, 1993 ('~ Page 7 '-~ (Public Hearing: Special Use Permit, underground Storage Tanks, Super America Group, Bunker Lake and Hanson Boulevards, Continued) that adding layers of bureaucracy, permits, etc. without real serious thought is adding to the problem. This is what caused the problem in the first place, that so many agencies are involved. It becomes very confusing. He felt working through the normal procedures, they will get the information they need to reach a decision. The Commission also noted such direction usually comes from the City Council. Mr. Carlberg stated if a wor~sheet is done, it would be wise for the City to require it to be submitted to be on file. Mr. Priola stated they did a site assessment that would address the environmental hazards but not a formal Environmental Assessment Worksheet. Stan Dedon. 1460 138th Avenue - stated he would provide the name of the president of the Hills of Bunker Lake Association as a contact person. Mr. Carlberg stated this will be continued for two weeks if all items can be addressed, or extended if necessary. VOTE ON MOTION: Carried on a 5-Yes, 2-Absent (McMullen, Peek) vot~. SKETCH PLAN: SUPER AMERICA GROUP, INC. - BUNKER LAKE BOULEVARD NW AND HANSON BOULEVARD NW, PIN 35-32-24-23-0005 '\ ,~ Mr. Carlberg explained the proposal by Super America Group, Inc., is to plat a six-acre General Business parcel into four parcels. It is located within the MUSA. The 100-year pond elevation will be required to be identified on the grading, drainage end erosion control plan as a part of the preliminary plat, plus drainage and utility easements for the 100-year flood elevations. The Anoka County Highway Department has received a copy of the plan and will be making comments regarding the additional right-of-way that may be required along Bunker lake Boulevard and the accesses to the parcels. The proposed lot dimensions meet the requirements of the zoning district. Mr. Carlberg thought the upgrading of Bunker Lake Boulevard is within the county's five-year plan. The county's 2010 Plan calls for both Bunker Lake and Hanson Boulevards to be upgraded to four lanes with medians. When reviewing the commercial site plans, the ARC Committee will be sure that all setbacks are in compliance. If there is a problem with the location of the proposed storage tanks discussed previously, the county will definitely flag it. The developers will also adhere to the City's Tree Preservation policy. The Commission saw no problem requirements seemed to be met. reviewed by the City Council on wi th the proposal, Mr. ,Carlberg stated August 3, 1993. as all ordinance this item will be /" MOTION by Apel, Seconded by Pease, to forward the sketch plan as ,_~ presented to the City Council. Motion carried on a 5-Yes, 2-Absent (McMullen, Peek) vote. The Commission recessed at this time, 8:47; reconvened at 8:58 p.m. " ~\ ~)~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 17, 1993 Discussion Items Planning .~ APPROVED FOR AGENDA AGENDA t\O. SECTION ORIGINATING DEPARTMENT ITEM t\O. Special Use Permit Gunshop Sporting Goods 1860 Bunker Lake Blvd. NW Andover Firearm, Inc. David L. Carlberg, City Planner BY: f'. REQUEST The City Council is asked to review the Special Use Permit requested by Andover Firearm, Inc. to operate a gunshop and sporting goods store (retail trade and services) on the property located at 1860 Bunker Lake Boulevard NW. The operation is currently being conducted at 1714 Bunker Lake Boulevard NW. \~ ) Ordinance No.8, Section 7.03, lists those uses in the I, Industrial District that are allowed by the granting of a Special Use Permit. Retail trade and services are permitted by the granting of a Special Use Permit. PLANNING COMMISSION REVIEW The Planning and zoning Commission reviewed the request at their July 27, 1993 meeting. The Commission recommends to the City Council approval of the request with the conditions listed on the attached resolution. Attached for Council review are the minutes and staff report from the August 27, 1993 meeting. MOTION BY: , '- ) TO: , :j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R " A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF ANDOVER FIREARM, INC. TO OPERATE A GUN SHOP AND SPORTING GOODS STORE (RETAIL TRADE & SERVICES) ON THE PROPERTY LOCATED AT 1860 BUNKER LAKE BOULEVARD NW (PIN 34-32-24-42-0001), LEGALLY DESCRIBED BELOW. WHEREAS, Andover Firearm, Inc has requested a special Use Permit to operate a gun shop and sporting goods store (retail trade and services) at 1860 Bunker Lake Boulevard NW (PIN 34-32-24- 42-0001), legally described as follows The east 264 feet of the west 924 feet of Lot 1, Watt's Garden Acres, except roads and subject to easements of record; and WHEREAS, the Planning & zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no ~ opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & Zoning Commission to allow Andover Firearm, Inc. to operate a gun shop and sporting goods store (retail trade and services) on said property, with the following conditions: 1. The Special Use Permit will be subject to annual review and site inspection. 2. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 3. parking shall be required in accordance with Ordinance No.8, Section 8.08. 4. The business, prior to being established, be reviewed by the Fire Marshal and Deputy Sheriff from the viewpoinc of fire safety and security concerns. Adopted by the City Council of the City of Andover on this 17th day of August, 1993. , ') ',-..j CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria Volk, City Clerk , Andover ?~c~~ing and zoning Commission Meecing Minuces - .~"d7 27, 1993 Page 8 ~J PUBLIC HE.',-::~"iG: SPECIAL USE (RETAIL p;g liND SERVICES), FIREAR1'1, .::..,:: . PERMIT - GUN SHe? SPORTING GOODS STORE 1850 BUNKER LAKE EOULE'.IARD 1iW, A..VDOVER 8:58 p.m. ~~r. Carlberg reviewed the request of .;ndover Firearm, Inc., to operii':e a gun shop and spor,:ing goods store at 1860 Bunker Lake Boulevard. This business currently operates at 1714 Bunker Lake Boulevard ar.d will be moving to the new address pending City approval of this Spec~~.~ Use ?ermit. He reported there have been no complaints or violence = ,.,:ce Andover Firearm, Inc., has been in business with the excep~ion ci the one attempted robbery. Staff is recorrmending approval. The hearin~ was opened for public testimony. Harry Hi~~"~. 1808 Cedar Place. Buffalo. MN - one of the co-owners of Andover ?.:.rearms. He stated two years ago the City agreed to a Special Use Per::\i~. His business as increased to the poim:. where he needs additional space and upgrading, expanding into wildlife art sales, Rocky Mountain boo~s, and a clothing line. As Andover grows, so does his business; ::.::d that is why he needs additional space. He plans to upgrade the buildi~q he is renting. Mr. Carlberg stated the biggest issue with the new location is tha~ the parking lot will need to be brought up to code. ~~e cld Special Use Permit stays with the property at 1714 Bunker Lake Boule'lard. Commissioner Squires asked about security in the new building. ~~ Mr. Hibner - stated they will do whatever they have to to comply with the ordinance. They will be occupying the ground level of the building, which is surrounded by ground and will be more secure than the current building. Bars and alarms will be installed before occupancy. The upper portion of the building is storage for the owner. He only rents the bottom portion. The Commission suggested the Permit be subject to an inspection by the Fire Marshal so safety concerns from a fire standpoint are addressed, plus some review by the Deputy Sheriff to be sure the security is adequate. Mr. Hibner - stated he does not have a black powder license and will not have it. He does have a substitute which is half the flash point. He carries less than 15 pounds of it, which has been approved by the Fire Marshal. MOTION by Apel, Seconded by Pease, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (McMullen, Peek) vote. MOTION by Squires, Seconded by Jovanovich, that the Special Use Permit to operate the gun shop and sporting goods store at 1860 Bunker Lake ,~ Boulevard be approved with the three conditions stated in the ,~) Resolution, with the added condition that the business, prior to being established, be reviewed by the Fire Marshal and Deputy Sheriff from the viewpoint of fire safety concerns and security concerns. Motion carried on a 5-Yes. 2-Absent (McMullen. Peek) vote. 9:13 p.m. ,- -" ,~-~ CITY OF ANDOVER REQUEST F.OR PLANNING COMMISSION ACTION July 27, 1993 AGENDA ITEM 6. P. H. - SUP Gun Shop/Sporting Goods 1860 Bunker Lake Blvd. DATE ORIGINATING DEPARTMENT Planning David L. Carlberg city planner BY: APPROVED FOR AGENDA B~ REQUEST The Andover Planning and zoning Commission is asked to review the Special Use Permit requested by Andover Firearm, Inc. to operate a gun shop and sporting goods store (retail trade and services) at 1860 Bunker Lake Boulevard NW, PIN 34-32-24-42-0001, legally described on the attached resolution. APPLICABLE ORDINANCES \......,.} Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03 lists the uses allowed by Special Use Permit. In an Industrial District, retail trade and services are allowed under a Special Use Permit. In granting a Special Use Permit, the following criteria shall be examined. 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3. The effect on the values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive plan. '-- " ~J '~ ~~ ) .~_/ Page Two SUP - Gun Shop/Sporting Goods (Retail Trade & Services) Andover Firearm, Inc. GENERAL REVIEW Currently, Andover Firearm, Inc. operates at 1714 Bunker Lake Boulevard NW. The existing operation will be moving to 1860 Bunker Lake Boulevard NW pending City approval of the Special Use Permit. COMMISSION OPTIONS 1. The Planning and zoning Commission may approve the Special Use Permit requested by Andover Firearm, Inc. to operate a gun shop/sporting goods store (retail trade and services) located at 1860 Bunker Lake Boulevard NW, legally described on the attached resolution. The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including; the use will not be detrimental to the health, safety, morals or general welfare of the community, the use will not cause serious traffic congestions or hazards, the use will not depreciate surrounding property and the use is in harmony with the Comprehensive plan 2. The Planning and zoning Commission may deny the Special Use Permit requested by Andover Firearm, Inc. to operate a gun shop/sporting goods store (retail trade and services) located at 1860 Bunker Lake Boulevard NW, legally described on the attached resolution. The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and zoning Commission may table the item. 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MINNESOTA 55304. (612) 755-5100 " Property Address SPECIAL USE PERMIT J?~() f]v,,!.t.F/L /..4-tu.. Legal Description of Property: (Fill in whichever is appropriate): W,.a.rl~ Lot / Block Addi tion C-A,-e c1~/'- Ac.'Zfi' 'S. PIN R. 3Lj '3;;2. ;}. 'f '1;;1. (Je>>/(If metes and bounds, attach the complete legal description.) Is the property: Abstract or Torrens ? (This information must be provided and can be obtained from the County.) --------------------------------------------------------------------- Reason for Request R ~f ;4-,'/ ~,-oo,",/') ~ ,)'1/u,b1"!1'c, - ~ ./ r.:,;.... /1",- '5 5'1-012 ~ . , Section of Ordinance Current zoning --------------------------------------------------------------------- Name of Applicant /Jrvjov~'1 ;::;t?5~~"" T ,vc.. Address i 7/'( ;J v It I< 't~ L,.. t<- A""j(/v/i,A.. M."",,' f2.J.. H~me Phone. ~Business Phone Slgnature < V IS J- ~'7 '-/ ~-/ Date 7-/:2-7'5 --------------------------------------------------------------------- property Owner (Fee Owner) (If different from above) ((c.v'lr~i- \ ~,4_~/l 6u~) '. C H.~ Qv..:lN..tt,:) 1\ \0.11"- ~C4,.1-~<"l A/IlOu\J~ w.,.J 5'5"30"1 Business phone 7 ? '(~ J:J;). Cj Date -.2lIL \93 Address \81oLt &1;"li/t_(A~ 6\\30 e,; \ ~ Home Phone Signature -~33i--;i;~-;;i-~-€~:~~;~-M~-~~~~1----------- , '\ ,~ (j , '\ '-.--.J " SPECIAL USE PERMIT PAGE 2 The following information shall be submitted prior to review by the Ci ty of Andove r: " 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures wi thin 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial Residential Amended SUP Recording Fee $190.00 $150.00 $ 50.00 $ 20.00 Date Paid 7-/)-93 Receipt # 47~0.;2 Rev. 5-06-93:d'A Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. (J '\ \J ;,) ~':~i'~"L" "'-"." 'f'~\' 1 \ , \ ~r; ~ j ,J 6 h' .'" .... " .,~ ., . -,; . -,;....~ -'-0:..",- ___."c...... ...,- -,',.---.- '-_.,,~- CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, July 27, 1993 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of Andover Firearm, Inc. to operate a gun shop and sporting goods store (retail trade and services) on the property located at 1860 Bunker Lake Boulevard NW (PIN 34-32-24-42-0001). The property is legally described as follows: The East 264 feet of the West 924 feet of Lot 1, Watt's Garden Acres, except road and subject to easements of record. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. Vi~!?i~VO((~ity Clerk Publication dates: July 16, 1993 July 23, 1993 ,- CIl :3:'tI :x> :3:'tI :3: lJ:l'tl CIl ::O'tl ri01 HH ZI-' HH 'tI1-' ;l>H ril-' OH I-' CIlZ OCD CIlZ t"'UJ riZ CD ZZ ~I-' ri" ~~ t"'.. CIlUJ CIl" 'tIO :3:" ::OCU t;tl t;tl I-' 0 ;1>0 t;tl :x> t"'CU t"'CU :3: ZUJ c:: t"'CU Zt'J CIl,j>. :3:lJ:l CIl,j>. Z ,j>. t"'CIl ,j>. OCU ::>::CU zc ::>::CU ,j>. ~CU H HCU " HCD t;tlt'J Z t;tlt'J 0101 Ht'J :3:t"' Zt'J "J CIlri t'J 01::>:: t'J O1ri t"'t'J Ze:: Ot'J :3:::r: O,j>. 01t;tl O,j>. ,j>.::r: t"',j>. t;tl ,j>. ~~ cu::o ::r:,j>. t'J H,j>. 01::0 I-' Z;I> 0 ;l>t'J I-':X> :X>t'J 01 CU e:: ::00 ,j>.t"' ::00 e:: :3:0 I-'t"' 0 01t;tl t"' O' ::>:: t"'0 t;tl 0 1-'::>:: 0 01 t;tlO t;tlO 0 t'J 0 OZ CIlCD lJ:l CIlCU Z 01 ::0 I-' ....:Jt;tl 0 t;tl 0 0 t;tl t;tl :x> 1-':3:'tI :x> I-' lJ:l"O :3: lJ:l'tl :x> 1-':X>'tI Z CUHH ZCU t;tlH 'tI1-' ;l>H Z O)ZH 8 O1C1lZ 00) ::OZ t"'CU riZ 8 CDOZ ....:Jri.. ::>::cu z.. 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Z ,j>. :3:lJ:l ~t;; Z;I> ~~ ,j>. ~cu ZC:: 0-< 0101 Ht'J Z 0t'J 01 ::Ot'J '01 ri t"'t'J 01::>:: t'J O1Z O,j>. ,j>.:z:: t"',j>. 01t;tl 'tI,j>. cu~ t"',j>. t'J H,j>. cu::o >,j>. 0 ot'J 1-'> >t'J 0 ::ot'J ,j>. 0 e:: :3:0 CUt"' riO "'l0 t:r:l 0 ::>:: CIlO 0 0 0 Ro....:J Z I-' lJ:l HO) t:r:l 0 Z ~ 0 ( ') t"' '---./ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 17, 1993 AGENDA SECTION NO. Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t\O. Admin. BY: ~. Adopt Resolution/Termin- ating Project 92-6 V. Volk The City Council is requested to adopt the attached resolution terminating Project 92-6, watermain along Woodbine street. After receiving a petition from the property owners, a public hearing was held on May 19, 1992. The property owners objected to the cost of the assessment and the project terminated. \ " J MOTION BY: , ) TO: <J ,,- '\ ,~ , '\ I ,_/ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R MOTION by Councilmember to adopt the following: A RESOLUTION TERMINATING IMPROVEMENT PROJECT 92-6, WATERMAIN EXTENSION. WHEREAS, a petition waS submitted to the City council requesting watermain along Woodbine Street N.W., located in the Northeast one-quarter of the Southwest one-quarter of Section 29, Township 32, Range 24: and WHEREAS, a feasibility report was prepared by Toltz, King, Duvall, Anderson: and WHEREAS, a public hearing was held and the property owners objected to the cost of the watermain. NOW, THEREFORE, BE IT RESOLVED that project 92-6, watermain extension along Woodbine street, be terminated. MOTION seconded by Councilmember and adopted by the city Council at a regular meeting this 17th day of August 1993 with Councilmembers voting in favor of the resolution and Council- members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION August 17, 1993 DATE AGENDA t\O. SECTION ORIGINATING DEPARTMENT Administration APPROVED FOR AGENDA Discussion Items ITEM t\O. Assessment Reduction Request/R. Sonsteby Daryl E. Sulander Acting Administrator. B~~ W t. REQUEST The Andover city Council is requested to review the special assessment for water lateral charges for three parcels under development by Rosella sonsteby. BACKGROUND ) The affected parcels are being assessed according to City policy under the current rates established by Resolution Number R034-91. The assessment was calculated by taking the current rate of $22 per front foot times the 100 foot frontage for a per lot lateral assessment of $2,200. The request for reduction to $1,600 as assessed for each unit within The Meadows of Round Lake development is not valid for three reasons. First, these parcels are not part of the plat nor are they a part of the development contract for assessments which comprise the per unit calculations assessed for The Meadows of Round Lake. Secondly, the City's policy for lateral fees has been to charge at a predetermined rate, in this case $22/front foot, when development of a parcel connects to a pre-existing water or sewer main. Thirdly, the lots within The Meadows of Round Lake have front footage less than 100 feet, therefore invalidating the comparison of a unit charge of $1,600 with the $2,200 assessment. RECOMMENDATION Deny the request for assessment reduction. MOTION BY: TO: CITY OF ANDOVER , ~ .... REQUEST FOR COUNCIL ACTION DATE August 17. 1qq1 AGENDA SECTION NO. Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t\O. Review CO~ BY: Appeal Ord. 95/149th & Bluebird Street D.L. Almgren 7. The City Council is requested to consider the appeal of Robert and Renee Bannister to allow a brick mailbox structure to remain in the city right-of-way at 14971 Bluebird street N.W. The Andover Review Committee met and the Committee finding was that the mailbox structure needs to be removed. Ordinance 95 allows the property owner to appeal to the City Council and Council shall have the authority to affirm, amend or reject the decision of the Review Committee. ) MOTION BY: " ) TO: 'i . ~ r;, ;\ ; ~ "il./I' ~~ i:~ :,1 i ,!ii! ;d:;:j ,: ii}; '1)1:'1 1 >.:: '." ,..i f' ii'", ;. I: !: d t" ;l" ,- '. !1:'I,:l\ I ; ~_h . ~ ~ \.; , ' \ "1'1, " \ ': ~ , '\ \~ () \._~ , ) " ',' .1' u 1:: n::-: 13'.13 r;"l~: i. d \. 1 ::1 g ~... (> r~ Dul l::: :.n; 8f fica 1 1683 (..:....(:-....:;stoT.;n BCll c~,..J.rd :;.~'.~. \. L cl~)'- C:' 1: , :!;:~ . ."., , '.;'..I-r T)t?:\~~ :-f1:"'. \l:ngr'.?n, t{e bot},] tried se\-eral ti~es to find Ql.1t ho'; to b? udder] to tIle ne:~t r'i ty Cc,~a:ci:!.. ~Jcct'~ng, and ncbo(::- n<?i'; .::.n:-tl:i~i; 1_11:~il ! ::_\l~~ed. ~:.c you on .J~_~l:.- :0; 19~:l. Thf~rfo~~',::' ~\~e .'1:"'2 :;r:t~-i:1; t>l.is "!..:..~tc:-. \..' (' s t ::. 1l ~.he ~)ric:k :r.ailbo~: f (-: (' 1 t h~'~ t :" t. 1 t C)"7 1 .. 1,.:":'\ '~,7\ .;,-, _.1."._ -'..~ .J."'; r2n.~.;--:)n 'to no "'~ l"'e~c,;..e D1.'iC'biI'd "3 t t~ 1 I ~.~. t- I: ~'( .'~ ":"1 ..:-- .1- '.T 1".~ .".01. ~.Ti:- L'C1,llrl }; ;~:~') ~~) he' 7')1~t('ed on L.r,,-:- 11(':':": City Council :fc'eti~g' s J.:::'C"';l:~.'i. t:;::"1 ~h ~t .,,:'~:.- :llJP(o_'1;:-tl t1"lC-? \r::1over Revi:':'h- ~o:n~:1itt('e';:; h_~.' L" T)' :J ~"_l;:' ~~ hen ""~~ L ~le ti:;~:c ,~1nd dD.tc ') f the :n'.:c?t ~n6' ;" ";:"; I :_tc..~ lU~ C~~ :.:; 1:31-2;)5G. ';':,::11.;:"1' Tll"'-l:-l:-:--',-(~lt . Sie*~ ~~bel.t ~ Renee Bannister 11971 Bl~l~biri Street x.~~. .~llcL)\.t~1.' J 3 S 30-i ~'!~1 . ,:J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 August 4, 1993 Mr. & Mrs. Robert Bannister 14971 Bluebird Street N.W. Andover, MN 55304 Dear Mr. and Mrs. Bannister: pursuant to your request, the issue of your brick mailbox structure will be addressed at the August 17th city council meeting. The meeting begins at 7:30 P.M. at the Andover City Hall, 1685 Crosstown Boulevard N.W. If you have any questions, please feel free to contact me or David Almgren at 755-5100. '~ Sincerely, ~tU.? Victoria Volk City Clerk ,r) '-...J .- .- u :,(]~ "" 6 ., ... CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304. (612) 755-5100 ,- " June 21, 1993 Robert & Renee Bannister 14971 Bluebird street NW Andover, MN 55304 Dear Mr. & Mrs. Bannister: We, the Andover Review Committee (ARC), have reviewed your appeal and request to vary from the provisions of Ordinance No. 95, Section 4a in regard to the placement of a brick mailbox on your property located at 14971 Bluebird Street NW. The ARC has met and finds the following: 1. The Committee agrees the asthetics of the structure are appealing. 2. The Committee agrees that it does intend to eliminate vandalism. o 3. However, per the post office regulations it does not meet their intended requirement for a post holding a mailbox for height requirements (42 to 48 inches to the bottom of the box) and setback requirements (8 to 10 inches setback from curb). The post is to be installed in such a fashion as to facilitate the removal of snow by the post/box position. 4. The Committee finds that the structure constitutes an immediate danger to the health, safety and general welfare of the residents of Andover due to the type of material and location. 5. The Committee finds the structure interferes with the maintenance of the street, especially snow plowing and creates a hazard to the Public Works Department. 6. Note: Minnesota Statutes, Section 160.27, Particular Uses of Right-of-Way; Misdemeanors, Subd. 5. Misdemeanors, prohibits the the placing or maintaining of any building or structure within the limit of any highway. Therefore, in revie~ing the appeal of the order of the Building Official to remove the structure (mailbox), it is the Committee's recommendation that the structure be removed. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 17, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items ITEM t\O. Review comm~11 ~ ~ BY: 1. Appeal Ord. 95/1469 - 140th Lane NW. D.L. Almgren The city Council is requested to consider the appeal of Todd and Glenda Amar to allow two brick lantern pillars to remain in the city right-of-way at 1469 - 140th Lane N.W. I '-..) The Andover Review Committee met on July 27, 1993 and the Committee finding was that the pillars need to be removed. Ordinance 95 allows the property owner to appeal to the city Council and Council shall have the authority to affirm, amend or reject the decision of the Review Committee. MOTION BY: '- ) TO: r '-, \._~ () ;~ .- .- (~' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304. (612) 755-5100 July 27. ,1993 " Todd and Glenda Amar 1469 140th Lane NW Andover MN 55304 Dear Mr. & Mrs Amar: The Andover Review Committee met on July 27. 1993 to review your appeal of not moving the two brick lantern pillars from the City Right-of-Way onto your property. As was noted in a letter dated May 25. 1993 to you it was stated to your builder (Mr. Paulson) that the pillars were in the city right-of-way and would have to be moved. He said he was under the gun to get this house closed and gave us his word that he would have them moved within two weeks. The finding of the Andover Review Committee was that the pillars will have to be moved off of the city right-of-way onto your property. 1. City Ordinance #95 does not allow structures of such in road right-of-way. 2. It was the promise of your building contractor to move the pillars within two weeks of issuance of certificate of occupancy. 3. Minnesota statutes 160.27 Subd 5 (7) it shall be unlawful to place or maintain any structure within the limits of any highway. Sincerely. o~~ David Almgren Building Official DA/jp (J I (j ,- -" '-J'" " . , " ~UGUST 05, 1993. ", Dave Almgren CITY OF 'ANDOVER '1685 Crosstown Blvd. N. W. Ando~er; 05.5304 Dear.Dave; 735 FI..ORIDA AVENUE- S~UTH GOLDEN VALLEY, MN 55426 (812) ,"541.0966 "AX ~41.087tt In regards'to your letter dated July 27th, 1993, declining my request for a'variance regarding the location of my driveway, pillars, I would like to request that this matter appear ' , before, the cityco\mcil for, appeal. ' . - , .'. . . . .. ....- 'I'understand~thatthis is my 'right under city Ordinance ~No.95. ' , Please notify me: of the, da'te, time and locatio'n of the meeting. " ' , sincerely, ~/~ ,,', Todd R. Amar '- " " " ,:-J ~) () '........4~ ~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 August 9, 1993 Mr. & Mrs. Todd Amar 1469 - 140th Lane N.W. Andover, MN 55304 Dear Mr. and Mrs. Amar: Pursuant to your request, the issue of your two brick lantern pillars will be addressed at the August 17th City Council meeting. The meeting begins at 7:30 P.M. at the Andover City Hall, 1685 Crosstown Boulevard N.W. If you have any questions, please feel free to contact me or David Almgren at 755-5100. Sincerely, ~ t-/L victoria volk City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 17, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT Planning ~ David L. Carlberg, City planner APPROVED FOR AGENDA Discussion Items ITEM t\O. Non-Conformities Junkyard Task Force Amend Ordinance No.8, Section 4.03 BY: 9. REQUEST The City Council is asked to review the attached draft amendment to Ordinance No.8, Section 4.03, Non-Conforming Uses and structures. The request is forwarded to the Council from the Auto Recycling/Junk Yard Task Force. The Task Force reviewed the proposed amendment at their August 4, 1993 meeting. If the Council agrees with what has been proposed, Staff will begin the procedu~e for amending the zoning Ordinance. ,~ ) The Council should note that the amendment does not refer to the reduction of the size of the yards as a compromise to allowing structures to be built. MOTION BY: , ) TO: ,~ o ,) INSERT Amendment to 4.03, Non-Conforming Uses and structures Those Auto Recycling/Junk Yards that exist as of the date of the passage of this amendment will be permitted to construct commercial buildings for the removal of fluids and other environmentally hazardous materials from vehicles and for storage of these materials within the commercial buildings. Those yards existing as of the date of this amendment will also be permitted to reconstruct buildings and structures if damage occurs fifty (50%) percent or more of its fair market value upon approval by the City Council. However, buildings and structures constructed and reconstructed must comply with all current applicable ordinances and standards at the time of construction. Ordinance No.8, Section SECTION 4. GENERAL PROVISIONS. n '---/ 4.01 Application of This Ordinance (A) In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare. (B) Where the conditions imposed by any provision of this Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other law, Ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail. (C) Except as in this Ordinance specifically provided, no structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used, for any purpose nor in any manner which is not in conformity with this Ordinance. (D) When land is proposed to be annexed to City of Andover, the Planning Commission shall hold a public hearing upon the permanent zoning of said land. The results of the hearing, along with a recommendation, shall be presented to the governing body. t>)' '-- In the event of annexation proceedings becoming final before the permanent zoning is determined, the annexed area shall be placed in the most restrictive district and such classification shall be considered as an interim step pending permanent classification. 4.02 Separabili ty It is hereby declared to be the intention that the several provisions of this Ordinance are separable in accordance with the following: (A) If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in said judgment. (B) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance to a particular property, building, or structure, such judgment shall not affect other property, buildings or structures. ~ 4.03 Non-Conforming Uses and Structures (A) Any structure or use lawfully existing upon the effective date of this Ordinance may be continued at the size and in manner of operation existing upon such date as hereinafter specified. (B) No structural alteration shall be made. I(J ," Page 22 Ordinance No.8, Section ~.. ',_J (C) Nothing in this Ordinance shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Building Inspector. (D) When any lawful,non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use. (E) Whenever a non-conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot,' or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the structure is fifty (50%) percent or more of its fair market value (as estimated by the Building Inspector), in which case the reconstruction shall be for a use in accordance with the provisions of this Ordinance. -:r:nsexi- ~ F) Whenever a lawful, non-conforming use of a building or \~~r~ structure or land is discontinued for a period of one (1) year, any future use of said building or structure or land shall be in conformity with the provisions of this Ordinance. (G) Any non-conforming open use of land lawfully existing upon the effective date of this Ordinance may be continued for a period of three (3) years after the effective date of this Ordinance, whereupon such non-conforming use shall cease. r ----- t,J (H) Normal maintenance of a building or other structure containing or related to a non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non- conforming use. (I) A lawful non-conforming use may be changed only to a use of the same or more restricted classification. (J) Alterations may be made to a structure containing non- conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or expand the existing bulk of structure. 4.04 Lot provisions (J (A) A lot or parcel of land for which a deed or contract for deed has been recorded in the Office of the Anoka County Recorder upon, or prior to, the effective date of this Ordinance shall be deemed a buildable lot provided it has frontage on a public street right-of-way which has been accepted and is currently maintained by the City and said space requirements for the district in which it is located can be maintained or adjusted to conform as follows: a lot or parcel of land of record upon the effective date of this Ordinance which is a Residential District and which does not meet the requirements of this Ordinance as to area, width, or other open space, may be utilized for single family detached purposes provided the measurements of such area, Page 23 ,~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 17. 1993 Discussion Items Planning ~ ~ APPROVED FOR AGENDA AGENDA t\O. SECTION ORIGINATING DEPARTMENT ITEM f'o.O. Amendment to Ordinance No.8, Section 4.21, Fencing Drainage and utility Easements . BY: David L. Carlberg, City Planner /0. REQUEST The City Council is asked to approve the attached amendment to Ordinance No.8, Section 4.21, Fences and Walls. Said amendment will allow the City to prohibit the erection and placement of fences, hedges or walls in drainage ,and utility easements where the City deems it necessary to access those areas for maintenance purposes. PLANNING COMMISSION REVIEW '- ) The Planning and zoning Commission, at their July 27, 1993 meeting, recommended the City Council approve the amendment. The Council should note that the Commission is not recommending to amend Section 4.21 in regard to the type (materials) of fencing allowed in residential areas. MOTION BY: " ) TO: o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8, Section 4.21 is hereby amended as follows: Section 4.21 Fences and Walls Fences, walls and similar barriers shall be permitted in all yards subject to the following: and walls may be located in any yard or along a side or rear property line, unless deems it necessar to access the area for draina e ~ty purposes. (B) eHee~t-tAat Any fence, hedge, or all in excess of six (6') feet in height shall meet the minimum required building setback for the zoning District in which it is located and does not create a traffic hazard. o +B+ (C) Any fence, hedge wall or similar barrier located in the mInimum required front yard setback shall not be over four (4') feet in height or obstruct vision and thereby create a traffic hazard. Any such fence, hedge, wall or similar barrier shall be removed by the owner upon action of the Andover City Council. +6+ (D) Any fence, hedge, wall or similar barrier which is not properly maintained so as to create an eyesore or nuisance shall be removed or repaired to an original condition by the owner upon action of the Andover City Council. +9+ (E) A security arm for barbed wire to a maximum height of eight (8') feet may be permitted by Special Use Permit in any Industrial or Commercial District. +E+ (F) Barbed wire and electric fences shall not be permitted on lots of less than 2.5 acres. A sixty (60) day amortization period shall be established for non-conforming fences. +F+ (G) Fences which are for the sole purpose of containing non-domestic animals are not subject to the provisions of this Ordinance. 8 NOTE: ALL OTHER SECTIONS OF THE ZONING ORDINANCE SHALL REMAIN AS WRITTEN AND ADOPTED BY THE ANDOVER CITY COUNCIL. Page Two Resolution Amend Ord 8, Section 4.21 o Fencing Adopted by the City Council of the City of Andover this , 1993. day of CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria Volk, City Clerk ;] ;J , An do ve.:- Minutes Page 9 ?~~'1~i~g and Zoni=g - .; .:ly 27, 1993 Co~~i3sio~ Meeti~g " ') fi"\PUBLIC HZAl::':~lG CONT::NUED:AMEllD ORDINANCE \.V' AND WALLS. COCATION OF FENCES III DRAINAGE NO.8, SECTION 4.21, FENCES AND UTILITY EAS&~NTS 9:13 p.m. l'!r. Carlberg reviewed the proposed amenc."llent to regulate fencing :..:: drainage and utility easements '....hen the City deems it necessary ~o access the area :or maintenance of ~he City u~ili~ies. ~he Commission had decided at the last meeting to make no change to the type of fencing allowed in residential areas. The public ~earing was continued. There was no comment. MOTION by Agel, Seconded by Pease, to close the public hearing. Motion carried an ~ 5-Yes, 2-Absent (McMullen, Peek) vote. MOTION by Jovanovich, Seconded by Squires, to recommend to the City Council to ~ccept the amendment ta Ordinance 8, Section 4.21 regarding fences a::c. walls. A public hearing was held and there was no occosition. Note that we discussed the ordinance and we do not wish to change the rest of the ordinance, just specifical~y address the drainage easemen~s. This a71endment does not address materials or any~hing else. Motion carried on a 5-Yes, 2-Absent (McMullen, Peek) vo~e. 9:17 p.m. r-\ V PUBLIC HEARING: &~ND ORDINANCE NO. 10 - STREETS AND UTILITIES Mr. Carlberg asked that the item be withdrawn from the agenda. The intent was to amend the ordinance to require the paving of streets prior to the construction of houses; but upon further investigation, it has been agreed that a better alternative is to handle the item in the developmen~ contract. MOTION by Pease, Seconded by Agel, to withdra'.... this item. carried on a 5-Yes, 2-Absent (McMullen, Peek) vote. Motion PUBLIC HEARING: MAJOR AMENDMENT TO COMPREHENSIVE PLAN - SEWER 9:20 p.m. Mr. Carlberg reviewed the proposed Major Amendment to the Comprehensive Plan to include 235 buildable acres (275 total acres) in the Municipal Urban Service Area. The areas chosen are con~iguous to the existing MUSA area and were also determined by the date of request to be included in the MUSA by the property owners. There is a need to expand the l1USA to contin~ providing property for development and to be able to pay for the infrastruc~ure already in the ground. He felt the Metropolitan Council will wan~ to see the infill of these areas prior to extending beyond the current boundary. Also, property is not included in the MUSA unless the property owne= requests it. If less acreage is granted by the Metropolitan Council, the City will determine which land will be included based on the date of the requests and the phasing maps. o o CITY OF ANDOVER REQUESTF,OR PLANNING COMMISSION ACTION July 27, 1993 AGENDA. ITEM.. . 7. Publ~c Hear~ng Cont. Section 4.21, Fencing Requirements DATE ORIGINATING DEPARTMENT Planning David L. Carlberg City Planner BY: APPROVED FOR AGENDA ~ BY: -r:::c REQUEST The Planning and Zoning Commission is asked to review and discuss the proposed amendment to Ordinance No.8, Section 4.21, Fences and Walls. The amendment would regulate fencing in drainage and utility easements when the City deems it necessary to access the area for the maintenance of City utilities (e.g. storm sewer). /~ "-- '---' Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 9 o (Public Hearing: Amended Special Use Permit, Bergeron, continued) MOTION by Apel, Seconded by Pease, that we send the Resolution to the City Council granting the Amended Special Use Permit request of Jeff Bergeron, and the request will take the exact form of the Resolution No. 161-92. The only change we will make on it goes from 45 dogs to 60 dogs. Motion carried on a 6-Yes, 1-Absent (McMullen) vote. This will be on the August 3, 1993, City Council agenda. 9:16 p.m. PUBLIC HEARING CONTINUED: AMEND ORDINANCE Nq. 8, SECTION 8.08, PARKING REQUIREMENTS - CURB CUT STANDARDS 9:16 p.m. Mr. Carlberg explained the amendment is to require a maximum of a 24-foot driveway width at the street curb to the right-of- way/property line. Other residential driveway widths shall not exceed 30 feet. Because the City's standard is now for surmountable curbs, the term "curb cub" has been eliminated. The right-of-way line and the property line are one in the same. Chairperson Dehn opened the hearing for public testimony. none. There was () MOTION by Pease, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (McMullen) vote. MOTION by Jovanovich, Seconded by of Ordinance No. 8 as written. (McMullen) vote. This will be Council agenda. 9:21 p.m. Squires, to adopt the prdinance change Motion carried on a 6-Yes, 1-Absent placed on the August 3, 1993 , City /V\ PUBLIC HEARING: AMEND ORDINANCE NO., 8, SECTION 4.21, FENCES AND WALLS L~ _ FENCE MATERIALS AND LOCATION OF FENCING o 9:21 p.m. Mr. Carlberg stated the Commission has been asked by the City Council to consider the materials and type of fencing permitted, as currently the ordinance does not specify the type of materials a fence can be constructed of in residential districts. In 1992 the Commission recommended no change to this provision of the ordinance. To his knowledge there has not been a problem. Mr. Carlberg also stated that in addition, the Public Works Department has asked the Commission to consider placing a provision in Section 4.21 that would not allow fencing on drainage and utility easements when the City deems it necessary to access the area for the maintenance of City utilities. They have a problem getting in to maintain storm drainage situations in back yards if it is'all fenced in. The current ordinance allows fencing on the property line, and an amendment would not allo~ fencing on the easements when the City deems it necessary to access that area for maintenance. Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 10 -,J (Public Hearing: Amend Ordinance 8, 4.21, Fences &. Walls, Continued) The Commission discussed the two requests. Because there has been no complaints on fencing materials and because of the difficulty of writing an ordinance which would list all acceptable materials, the Commission felt the ordinance as is works well and should not be changed at this time. There was some discussion on the possibility of specifying a minimum and maximum height for security arm fences, such as from six to eight feet. The Commission acknowledged the difficulty of storm drainage maintenance when the area is fenced in. Chairperson Dehn opened the public hearing. MOTION by Pease, Seconded by Apel, to continue the public hearing and direct Staff to re-advertise. DISCUSSION: The Commission discussed various scenarios where storm drainage areas may need to be cleaned. Mr. Carlberg was asked to establish some cases and examples where no fencing is needed and warranted. Mr. Carlberg stated no permit is needed for a resident to fence property; however, the majority do call the City prior to installing a fence to obtain. the requirements. Possibly something will have to be tied to the platting process as to where fencing can or cannot be placed. He will also ask Staff to consider a change as proposed versus requiring fences to be outside of drainage easements unless the City gives permission to put it on the property line. Motion carried on a 6-Yes, 1-Absent (McMullen) vote. (J VARIANCE: CONSTRUCTION OF ACCESSORY STRUCTURE CLOSER TO FRONT LOT LINE THAN PRINCIPAL/DESIGN AND EXTERIOR FINISH - 1054 161ST AVENUE NW, JANIE AND ALLEN HEMMELGARN Mr. Carlberg reviewed the request of Janie and Allen Hemmelgarn to allow the construction of a pole building closer to the front lot line than the principal structure that is not constructed in similar design and exterior finish as the principal structure. The home faces west, but the front lot line is considered on 161st to the north. Staff is recommending approval based on the fact that a variance was granted in a similar situation on Ward Lake Drive. The accessory building would not be visible from the road. Being closer to the front lot line than the principal structure is not the problem; it is the exterior material that requires the variance. The Commission determined there is no buildable area on the east side of the principal structure, and there is a definite barrier to placing it behind or to the south. MOTION by Apel, Seconded by Jovanovich, to recommend that we send to the City Council a recommendation of' approval of the Resolution for the variance for the accessory building as presented by Staff. Motion carried on a 6-Yes, 1-Absent (McMullen) vote. ;~) o CITY OF ANDOVER REQUESTF,OR PLANNING COMMISSION ACTION July 13, 1993 AGENDA ITEM 7. Public Hearing Section 4.21, Fencing Requirement DATE ORIGINATING DEPARTMENT Planning David L. Carlberg City planner APPROVED FOR AGENDA BY: BY:~ REQUEST / ~ The Planning and zoning Commission is asked by the City Council to review and discuss the possibility of amending Ordinance No.8, Section 4.21, Fences and Walls. In particular, the amendment would regulate the materials and type of fencing permitted. Currently, the City does not specify the type of materials a fence can be constructed of in residential districts. Some cities only allow chain link or wood fencing in platted residential areas. Attached for Commission review are sections of other city ordinances regulating fencing. The Commission discussed in 1992 changing Section 4.21 and the type of materials for fencing, but recommended to the City Council that no changes be made. The Commission is also asked by the Public Works Department to consider placing a provision in the Section 4.21 that would not allow fencing on drainage and utility easements when the City deems it necessary to access the area for the maintenance of City utilities. \_- ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION August 17, 1993 DATE AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED Administration FOR AGENDA Staff, Committees, Commissions ITEM t\O. Authorize purchase 135xx Hanson Blvd/R. Streich Daryl E. Sulander B~ '7~~ Acting Administ~~ '~ // . REQUEST The Andover City Council is requested to authorize the purchase of the R. Streich building within the Commercial Blvd project. Bill Hawkins will be available to provide additional information. \~ ) MOTION BY: TO: ,~ ~ AUG 11 '93 10:45 TKDA, INC. ~ 292-0083 u o , " "J ... I / / / / / fTl :::0 < o rrl z () 7"'~OI'e>~CD '1?:> G,"'- /'to2C#A:f,,t:..t> ay r+tE t:./TY 1- ~;o ......0 Ie) Orrl 0::::0 o 0>0 " o C -f r o -f )> I 1 1 o I r . (J) -I ;:0 rrl O. I ~~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION August 17, 1993 DATE AGENDA t\O. SECTION ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA staff, Committees, Commissions ITEM, t\O. Amend Budgets-General Water and Sewer Funds Daryl E. Sulander Finance Directo~~t~nc Administrator ~ BY:)fY /;(. REQUEST The City Council is requested to adopt the attached resolution amending the 1993 budgets for the General, water and Sewer Funds. BACKGROUND The City Council has approved various budget reallocations throughout the year. In addition, several areas of our operations are, or ,will be over budget due to unexpected or higher than expected costs. ) Once again, higher than expected volumes of new construction activity will generate additional revenue. The 1993 budget is based 330 new homes. The amended budget recommendation is based on 430 new homes. I recommend we set aside $50,000 of the additional permit revenue to start a building reserve fund. MOTION BY: ) I TO: .~ o u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -93 A RESOLUTION AMENDING THE 1993 GENERAL, WATER AND SEWER FUND BUDGETS. WHEREAS, the City Council of the City of Andover has adopted Resolution Numbers R220-92 and R227-92 which established the 1993 budgets for the General and Enterprise Funds respectively; and WHEREAS, the City Council of the City of Andover has adopted Resolution Number R016-93 amending the 1993 budgets for these funds; and WHEREAS, the City Council has taken action to reallocate the distribution of resources between the operating departments within the adopted budgets, and recognizes the additional permit revenue from the greater than expected new home construction; and WHEREAS, the City Council of the City of Andover deems it necessary to amend the adopted budgets so that financial reports properly state the effects of these actions. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the 1993 budgets for the General, Water and Sewer Funds are hereby amended as shown on Attachment A. Adopted by the city Council of the City of Andover this 17th day of August , 1993. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor victoria Yolk - City Clerk (J r." \.J :~) ATTACHMENT A GENERAL FUND AMENDMENTS ======================= Amendment purpose Increase (Decrease) in Revenue 1. Reappropriate dues for NMMA authorized from 1992 surplus... Use of working capital reserves $ 3,000 2. Mileage reimbursement for Mayor.. 3. special county election: Judges. . . . . . . . . . . . . . . . . . . . . . . . Supplies. . . . . . . . . . . . . . . . . . . . . . Purchased Services............ Subtotal elections 4. Salary, PERA & FICA adjustments: Acting Administrator........... Assistant Engineer............. Building Secretary (part time). Street Supervisor.............. Park Supervisor................ Subtotal personal services 5. Insurance: Mayor and Council.............. Administration................. Financial Administration....... Buildings. . . . . . . . . . . . . . . . . . . . . . Fire and Rescue................ Protective Inspections......... Civil Defense.................. Streets and Highways........... Park and Recreation............ Subtotal insurance 6. Postage: Administration................ . Financial Administration....... Data processing................ Engineering. . . . . . . . . . . . . . . . . . . . protective Inspections......... Streets and Highways........... Street Lights Billed........... Subtotal postage 7. Taxes: Laptuta/Park Property.......... Future Fire Station............ Subtotal taxes Increase (Decrease) in Expenditures $ 3,000 250 1,669 38 152 1,859 2,950 981 494 370 370 5,165 3,559 1,638 99 322 3,340 111 12 (750) 1,264 9,595 400 500 100 200 400 100 450 2,150 1,003 344 1,347 ,;J , '\ o ;~J ATTACHMENT A GENERAL FUND AMENDMENTS ----------------------- ----------------------- Amendment Purpose 8. Cleaning Contract: City Hall Building: Personal Services............ Contractual Services......... Senior Center: Personal Services............ Contractual Services......... Fire Stations: Personal Services............ 9. Telephone Service: Engineering.................. Protective Inspections....... 10. Civil Defense Siren Repair....... 11. 4 Wheel Drive Blazer & Radio..... 12. City Hall Garage: Operating Supplies............. Purchased Services/Maintenance. 13. Street Lights Billed/Electricity. 14. Reappropriate Tree Trimming...... Use of working capital reserves 15. Recycling/Brush Chipper.......... 16. Reserve for Building Improvements 17. New Construction Permit Revenue.. Total General Fund Increase (Decrease) in Revenue 16,700 3,000 8,423 80,802 $111,925 --------- --------- Increase (Decrease) in Expenditures (2,917 ) 2,917 (1,825) 1,825 (336 ) 150 150 500 21,157 100 750 5,100 3,000 7,988 50,000 $111,925 --------- --------- ATTACHMENT A (Con't) WATER FUND AMENDMENTS ====================== ':,~ Amendment Purpose 1. Salary, PERA & FICA adjustments Water/Sewer Supervisor...... 2. Insurance: Source, Storage & Treatment. Distribution................ Administration.............. Subtotal insurance 3. Contingency.................... Total Sewer Fund Increase (Decrease) in Revenue $ -0- ---------- ---------- SEWER FUND AMENDMENTS ---------------------- ---------------------- , '\ V Amendment Purpose 1. Salary, PERA & FICA adjustments Water/Sewer Supervisor...... 2. Insurance: Collection. . . . . . . . . . . . . . . . . . Administration........... ... Subtotal insurance 3. Contingency.................... Total Sewer Fund o Increase (Decrease) in Revenue $ -0- ---------- ---------- Increase (Decrease) in Expenditures $ 185 53 165 426 644 (829) -"0- ========= Increase (Decrease) in Expenditures $ 185 51 10 61 (246 ) -0- -------- -------- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August: 17, 1qq~ AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM t\O. Admin. Declare Cost/Direct Preparation of Assessment Roll/92-15/Hidden Creek East 5th Addition BY: /.3 . V. Volk ~,OP The City Council is requested to adopt the attached resolution declaring cost and directing preparation of assessment roll for Project 92-15, Hidden Creek East 5th Addition. / \ ,__ I MOTION BY: / '--) TO: c-J. 'J.' :':-Ur'-ANUUV lut COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. (~MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STREETS AND STORM SEWER , FOR PROJECT NO. 92-15 , HIDDEN CREEK EAST 5TH ADDITION o 3. <J THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $180,131.92, and the expenses incurred or to be incurred in the making of such improvement amount to $59,952.78 and work previously done amount to $46,018.50 so that the total cost of the improvement will be $ 286,103.20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of is hereby declared to be $ against benefited property such improvement to be paid by the City -0- the amount to be assessed owners is declared to be $ 286,103.10 . 2. Assessment shall be payable in semi-annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 15th day of April 1994, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the a~sessment resolution. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. 4. MOTION seconded by Councilmember and adopted by the City Council at a day of , 19 meeting this with Councilmember voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 17. 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM t\O. Admin. Adopt Assessment Rolli 92-15/Hidden Creek East 5th Addi tion BY: /~ .f dP V. Volk U' The City Council is requested to adopt the attached resolution adopting the assessment roll for Hidden Creek East 5th Addition, Project 92-15. Also attached is a letter from Good Value Homes waiving their right to the assessment hearing and appeal. V:Attach. '- MOTION BY: .' I '~ TO: .~ ~J <) AUG-09-1993 14:20 FROM TO 7558923 P. 02 August 9th. 1993 Mr. Jack McKelvey Mayor of Andover Andover City Hall 1685 Crosstown Boulevard NW Andover, Minnesota 55304 Re: Hidden Creek East 5th Addition Dear Mr. McKelvey. Please be advised that on behalf of Good Value Homes, Inc., we are in agreemerrt with the assessment and hereby waive all rights we might have to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. If you should need any further information, please do not hesitate to contact me or my a....!Oistant Theresa Danielson. Thank you for your cooperation in this matter. ::;J;n! ~ John R Peterson, President fj) Good Value Homes, Inc. ::?'::c-o "i.~.L\j~ r,,-;v;11E3. t!'iC. ~':=...;~ ~~.e.,: ~;'...'~:-' ~~'J'~' ~..t...'. -::0::':'7'; ~.}':":~,~~. ~,~~~ ::~c.~~' .. =-.",-;:~"~ ('3~:Z~ ~~~ ':7Z'~ ~ ~''''l'''. :.....-::. ....;;;-=;;',;- (~ u o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, STORM SEWER, WATERMAIN AND STREETS, PROJECT NO. 92-15 , HIDDEN CREEK EAST 5TH ADDITION WHEREAS, pursuant to proper notice duly given to the developer, the developer has waived the assessment hearing and the right to appeal, the Council has not heard any objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years, the first of the installments to be payable on or before the 15th day of April, 19 94 and shall bear inte~est at a rate of 7 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember the City Council at a and adopted by meeting this with Councilmember day of , 19 voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor victorla Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 17, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT Non-Discussion Item Todd J. Haas, Engineering ~*" APPROVED FOR AGENDA ITEM t\O. BY: Approve Plans & Specsj93-14j Woodland Pond /5. The City Council is requested to approve the resolution approving final plans and specifications and ordering advertisement for bids for project 93-14, Woodland Pond for sanitary sewer, watermain, street and storm drain construction. staff will be looking at having a change order with an existing project. \ \.- ) MOTION BY: ) TO: ~) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 93-14, WOODLAND POND FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 174-93, adopted by the City council on the 3rd day of August , 19 93 , TKDA has prepared final plans and specifications for-Project 93-14 for sanitary sewer, watermain, street and storm drain construction; and WHEREAS, such final plans and specifications the City Council for their review on the 17th August , 19 93 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final plans and Specifications . were presented to day of MOTION seconded by Councilmember ,~ adopted by the city Council at a and regular meeting this 17th day of August , 19~, with Councilmember voting in favor of the resolution and Councilmember voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor victoria Volk - City Clerk /\ , ' ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 17, 1993 AGENDA SECTION NO. Non-Discussion Item ORIGINATING DEPARTMENT ITEM t\O. Todd J. Haas, Engineering ~ APPROVED FOR AGENDA BY: Award Bid/91-5, Njordmark Dale & 91-16, 159th Avenue /~. The city Council is requested to approve the resolution accepting bids and awarding contract for the improvement of Project 91-5 (Njordmark Dale/178th Lane NW) and Project 91-16 (159th Avenue west of Marystone Boulevard) for street construction. Attached is a memo from BRA recommending approval with sod. '-) MOTION BY: , TO: (J o (~) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 91-5 AND PROJECT NO. 91-16 STREET CONSTRUCTION IN THE AREA OF NJORDMARK LANE NW AND 159TH AVENUE WEST OF MARYS TONE BOULEVARD FOR DALE/178TH WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 164-93 and 163-93, dated July 20, 1993, bids were received, opened and tabulated according to law with results as follows: 1. Bituminous Consulting and Contracting Co., Inc. 2. W.B. Miller 3. GMH Asphalt $119,038.00 $119,295.50 $127,079.60 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Bituminous Consulting as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Bituminous consulting in the amount of $119,038.00 -ror construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember and adopted by the meeting this 17th day of City Council at a regular August , 19~, with Councilmember voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk 08-12-1993 11: 52 612 636 1311 ,,- -, . , \J ~ -- W1 Bonestroo Rosene Anderllk & AssocIates Olta G, ___ p.r. - W. _no. P.E.' JD"P/lC,_PE M'MIll, ~ P,E, Ri<haftl r. 14Met. P,!. Glom t. CDOIl. P!, ThDmoI ~, ND)ol P,f. IIoIleIt G, lC1U11lC"'- Pf, lUU/l M. EbtrIn. C,PA, ..5!1'VOI CCrnultant EngIneer. & ArchItects August 12, 1993 City of Andover 1685 Crosstown Boulevard NW Andover, Minne~ota 55303. Re: Njordmark Dalel178th Lane NW 91.5 159th Avenue NW 91.16 File No. 17151 80NESTROO & ASSC. P.02 ~A. Slr'If6rO. Po!, ~ II: !tau, 1':1. lCtltl1 A, aDlllDfl. Pi, ""wp J. Pyn.. PI, - t, ".".".. PE. ~ M. R~. Mep 11<n'1ll W, Fosre, Pr. TM",,, w. I'Nnotl. PE. e_ 0. _ Pf, MICII... C, L1n<n. PI. Rollo/! C, IlwIH. AI"", Ja",.. I, M.1and. P,f, J""" A. Iloutdon. PI. .If")' e. .."""". PE, M'rl< A, MonIon. PE, _ P Mo:ler1on. PI. MlcIlafi T. ~utrnaI1r\ P.Ii. Matt R, lIDJtl. PI, 1flj K. flfl<l, pr. M.rl< A. So'!> P.O. T~.. I. -... AM, G"Y W, Monet\ PI, CotloId C, Ill'!l_ PE. CMllOl J. Eavo-. PE, T""",,, E. "'9Ji pE. AIMlIJc~ kl1ln.l!. PI, ""'''' Marl1"... PI, Philp J. eaw.h, P.f, MlrIt O. WiJI~l "E, MI~ a Jomen, PI, I.. ""!nip GtaYtlIfI, PE, Kill'1!n L. Wiemrrl, P.&'. Oaryc. ~ P.!i, F. 1lxl<l Foutr, PE, - I, 1'Ipp. PE. ~ l htIOIl. PE. 5I\awn C, OUSUllon. PI, C~ijgOljvll'.P.E. en,... A. E,iCkJOI'l !.to M, Pm<iJMlI H.IIMIM,OlJon .umos F. IiI'lQri1atDl Honorable Mayor and City Council: Bids were opened for the Njordmark Dale/178th Lane NW and 159th Avenue NW Street Improvements Project on Wednesday, August 11 29, 1993. Transmitted herewith are ten (10) copies of the bid tabulations. The following summarizes the results of the Base Bids of the four bids received: :J Low #2 #3 #4 Bituminous Consulting & Contracting CO. W. B. Miller. Inc. GMH Asphalt Corporation Aero Asphalt, Inc. $110A18SO $112. 710.50 $118,936.10 $141,670.50 The low bidder on the project was Bituminous Consulting & Contracting Company with a bid amount of $110.418.50. This bid has been reviewed and found to be in order. The low bid also compares favorably with the engineer's estimate of $125,000.00. Due to tbe problems associated with seeding in salvaged topsoil. we recommend that the alternate bid be awarded which provides for sod with topsoil borrow to be used in disturbed lawn areas. The breakdown of the low alternate bid shows the Njordmark Dale area is $49,439.25, which is 13% below the report construction estimate. The alternate bid for the 159th Avenue area is $69,598.75. which is 3% above the report construction estimate. We are therefore recommending that the contract be awarded to Bituminous Consulting & Contracting Company for the alternate bid amount of $119,038.00. Please contact me at this office if you have any questions. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. " ) p n A. .~ I. ,--. ~ b.~ Shawn D. Gustafson 2335 West HIghway 36 . St. Paul, MN 551f3 . 612-636-4600 Line No. W.O. No. Tract No. MNB 87701 C42838 887-1-69 ,-J TEMPORARY WORK SPACE PERMIT KNOW ALL MEN BY THESE PRESENTS: That the undersigned, for Ten Dollars ($10.00) and other good and valuable consideration received does hereby grant unto NORTHERN NATURAL GAS COMPANY, a Delaware Corporation, its successors and assigns, hereinafter called Grantee an additional 100 feet temporary working space parallel and adjacent to Grantee's existing right-Of-way located on or beside certain tract(s) of land described in a Modification and Amendment of Easement Grant dated February 11, 1975, and recorded April 17, 1975, in Book 1144 at Page 76, in the Office of the County Recorder for Anoka County, Minnesota. TO HAVE AND Gas Company, from the date TO HOLD said Temporary Work Space unto Northern Natural its successors and assigns, for a period of one (1) year hereof. And in consideration thereof, the parties agree: 1.) That Grantee, its successors and assigns, will pay to the then owners of said real estate and to any tenant or lessee thereof, as their respective interests may appear, any damage to fences, improvements, and growing crops which may be caused by the exercise of the rights hereby granted. That Grantee agrees to restore the property condition as nearly as practicable upon construction of the subject pipeline. The undersigned represent that the above described land is/is not rented for the period beginning August 1, 1993 to August 1, 1994. 2. ) to its original completion of ) , J Executed this ___ day of , 1993. THE CITY OF ANDOVER By: Title: NORTHERN NATURAL GAS COMPANY Right-of-Way Agent In consideration of $1.00 and other good and valuable consideration in hand paid, the undersigned tenant in possession of the real estate above described joins, to the extent of his interest, therein. Dated this ___ day of , 1993. Tenant .. ) :: 'I ~ ... ~~--'Z;;" ~~~; ~ !II "'I!l ~ ll.... I) ~ -I : o ~I 0' H.... I m'~-----r'o- ~ ~, , .1 ~ ,I '1 ; ~ Ill' A' :. ) ST. NW. ~ ~ ., : . ~ . o ~ ~ ,T' .. . '-'"",".' ...na,Q'..:'--"'-- -."' _..?:!.i".:.~:... / .t~ ~: ~.~. '~' h ~.... .' . ~. . t ~ .... ~ , ) t/ t' ~'r ....~ ........ .............. " ..: . , , '. \:; I, ~ ,. " ~ t '. , , ~.....~ '.. ..~ ..". .~ ...<~ . ;;:"'3 ~ OO? 00.. ~ ~ 0' il.: 'j s :--: ~I~ t. i 0 .,1 ;1 ~, ." ."- ~- !: ~ . 'j! I ~ ~. I' . I .. f~ , , o I o , , , o , , o o , , I .;;.~~.j.~': i' , " . o~ , , ...-Z;7~..-.----:- . I I o ,~ " .. ,. , , o 't';,' .....-....:- ~ ... ~ <:0 i . . ~ . .. . ~ <:0 z,.,. . :',.,.. ~ - . :!;;,,' .' . . . 0'>..1:.3 -,..,0 =:3 ?- ..t:. ,~- _..r=...-l:1> -0<1\3 -1 '" " :> 9- '. '. ..... \. l- ! " " .~.. : - . ... t'~ ~ ~ ). , " ~. \ " ! I I , I .."... s " o " ~: .. '.'.':..'; i~ Ii) '- ,. " ,I ~, i ,/04.P i i _ . i :-; j I.. ~I . " I ~ ~I II ,. .I.(!."..~.:J.: I i I r"-':.. , I l . \I rrI \I m :r ~ CI) cl' U. '71' ::! .:I>- Z !L lJ' (t\ , ~ ~ ~ ..,., ltI 7" r m I\i V\ ~ ;? f'\ I. I. ! " 'i;;::.'>~teEfu NYv - s _ _ ___ _ _ _ \ i :,. TATE-AIO:i=tiGi.iWAY: -... -.. ' <) :d NO;'7)--.H':l<:- It / "~ '0 ~\ I itl ........ # . -. I ~ . ~, I f?'.t".~:' "-0:;;: to' .:,.; . ,,' h' "" ...... s::- tfc.f....l"""-- '"-=-,,,P- ~7"- ,,~: .' .. ,~ ;5 -;:; :0\- ~)1: 110 ;,'.., .' -:;'.-= ; >- ,<./'" '1- ..."",.:/.1.\'1. """1..'- f' -:; 1'-'.<:......(= v. /<' ~E " C>- '" . <:> \.>- ~- ......., ~ .~. ~; l,.l...,('\~' c... ~ ....., ~ f0J\: ~S: t:) C) ~ :::tj ~ ~ ......... ~ =--t ~ I\l ~. I\l ~i CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 17, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT Non-Discussion Item Todd J. Haas, Engineerin:r~ APPROVED FOR AGENDA ITEM t\O. BY: Approve Temporary Work Space Permit/92-5 /7. The city Council is requested to approve the Temporary Work Space Permit which will allow Northern Natural Gas Company to work outside the existing easement. Northern will be lowering gas main as part of Project 92-5 (relocation of County Road 58). The temporary work space will allow them to stock pile the sand from the trench. The Mayor and City Clerk will sign the permit. '-.) MOTION BY: :~ ) TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 17, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT TOdd,J. H~as, .~ Eng~neer~ng ~ APPROVED FOR AGENDA Non-Discussion Item ITEM f\O. BY: Request Speed Studyj181st Ave. from Tulip to CR 9 /</. The City Council is requested to approve the resolution requesting Anoka County Highway Department to have a speed study performed for 181st Avenue NW between Tulip street NW and Round Lake Boulevard (CSAH 9). Currently, the speed limit along this section is 50 MPH. The property owners would like to see a lower speed limit. The request is from property owners in the City of Andover and in Oak Grove Township. ,- C) Oak Grove Township will also need to request the speed study. MOTION BY: '- ) TO: u u \J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION REQUESTING SPEED STUDY BY THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR 181ST AVENUE NW FROM TULIP STREET NW TO ROUND LAKE BOULEVARD (CSAH 9). WHEREAS, the City Council has requested this speed study; and WHEREAS, residents from Oak Grove Township and the City of Andover have requested the speed study: and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to request the Anoka County Highway Department to request a speed study to be done by MNDOT. Adopted by the City Council of the City of Andover this 17th day of August , 19 93. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk Or v( (' e ;:;{ k I /? 5- 3 - 5/ G '1 () ,- Date 7/26/93 From: The neighborhood of County Road 58 (181st Ave) from Round Lake Blvd,',;West 1/2 mile to the Andover Alanon (M Club), including both the city of Andover and Oak Grove Township. To: Ci ty of Andover (Attn: Todd Haas) 1685 Crosstovffi Blvd. Andover, Minnesota 55304 Subj: Speed ZOne Study (To Reduce The Speed Limit currently 50MPH) Dear Sir; We the above named neighborhood request the City of Andover to write a letter (or resolution) to the Anoka County Highway Department (Attn:Jane Pemble), o requesting the Anoka County Highway Department to submitt a letter to MN/DOT to perform a Speed ZOne Study of the above named section of County Road 58 (181st Av ') < This is a small section of road with a stop sign at Round Lake Blvd and a 15MPH ~ \;~ ~ <> '," ..;, ,~ :2 ~9:" -" .... '<;' turn 1/2 mile west at the Andover Alanon Society. ~~~ I1i ""J___ 3 .$', 'j' -I S I s,- r..'...v-<. <'Ii, .) (v-..&......~ t Yv-.... '\. ,/JAW' -,.i~~f , I' S5)~ J i: i.$ CLv-;.- 'M" E)(~Ly.'-<-~ JrltuC-<-, D ,1 ( <;> t \ R - ..I e,.,~., u :7'-)" {C:'sr-:... s-r I'VL<......, ' CC,U<:.0r""':'" I . -4 . '- ' "- I""'t "- C?"JL \,::,"0,;(0' ~ ::::. ~ -J- v", 1 -M J...z, \1 ~"\ 3:;'...<:l l8 (S i' 4J,~ ''''''';t.",-,-, ,1,11...1 ____ ~ Thank You / CJ r,9(r:~! ,3:,(:/~/j(~'s~DCr~~~~ ~~incerelY; l::lA-iL'{ T 1/,:)::'\"" 'v -' , -I/, ..... D ~f--'-eX j'i(liG..' /,5/.[~c ! - ,<"/I L-<....) --"}~ ::) .~............-"" - . I) . ~~~~00-- c::;;) tJvrr,a:~jV'- :) 'j(', -; I"'~' i.:; Ti,: ;..:" tJ '2 ~ ~ . '~7~~~U1"( 2,:~: '5 1'0 q =00--~ ,,~,~\..'V-- ~~ ~ f;i ",1~( 111 ~I( 3 'i I Y I'D I ,r ,fv .ll/it/ Y, I, ~ j/7{ lh;':?,ut./ i,~.[ !!l~,~ _?{2f )S/ ,5./ /It.-J ;f/CU. ~ h;S /' " /1-' - - - - I / ') i '0) ~ ;-; #~~/ ~/a, {;' ./ ::<Li c::: .., / c;, /1., ~ //.' ,// I I' . ,/,~ /? -. 'l, q 0. le'>ir;"" f/ X - '1' /;.4-;:-.....j ~../ 1-' .:f. - C,; I n~':::, l'v l-I,,' /jIy'0'C v,' c..i:-- '-1"..- --J 'j' ;'. '-';" Y, ';.t/ / r ';<- -' -'J II i/'" I ,J,:; I/. I" r /i ^ \,-(! , ",'IC~,/: i;.t;.//a::.-:.il'nl '.:J17 Ie' ,'1[1",/1'(.1_, fc.tiK0'/o.,'c'{.'c ?, :? 0; - I " -.J ..:~ , ~ "" " :J '", ~ ~ <;..) - '" '_I - --- R, 'II -v -- A ...9 'J"' f"J I ~:', ~ - j, .1...' (~ -) . ---:. i '1 U . - '- ......" \ ~\- ~ N",-, .. ' (r. C4..t.. L-I",'" 0\(. Co: ~"""~ ~7/o Je.r Ih&(/tlr CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 17, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT Todd J. Haas, Engineering V' -(.>~ APPROVED FOR AGENDA Non-Discussion Item ITEM t\O. BY: Approve Final Payment/92-8/ Andover Blvd. Trunk Sanitary Sewer /9. The city Council is requested to approve the resolution accepting work and directing final payment to Bonine Excavating for Project 92-8 for the improvement of trunk sanitary sewer in the area of Andover Boulevard/Pinewood Estates. '- ) MOTION BY: ,- \ .. ) TO: ~J u ,-, ~) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO BONINE EXCAVATING FOR PROJECT NO. 92-8 FOR THE IMPROVEMENT OF TRUNK SANITARY SEWER IN THE FOLLOWING AREA: ANDOVER BOULEVARD/PINEWOOD ESTATES WHEREAS, pursuant to a written contract signed with the City of Andover on August 18 , 19~, Bonine Excavating of Elk River, MN has satisfactorily completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 17th day of August , 19 93 , with Counci1member voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED \ ~. ENGINEERS ARCHITECTS PLANNERS August 3,1993 Mr. Jim Schrantz City Administrator 1685 Crosstown Boulevard NW Andover, Minnesota 55304 1500 MERlTOR TOWER 4404 CEDAR smEET SAINT PAUl., MINNESOTA 55101-2140 PHONE:51202-4400 FAX:512/202-OO83 '" ,. nECEIVED AUG - 4 1993 CITY OF ANDOVER Re: Final Payme~t Trunk Sanitary Sewer to Pinewood Estates Project 92-8 Andover, Minnesota Commission No. 10151 Dear Mr. Schrantz: The above referenced project, including fmal punch list items, has been completed. The final construction contract amount is $126,088.17. The original contract amount was $170,011.20 (Note: Restoration items were deleted). ,---- ( ) '--, Enclosed please fmd Certificate No.4 (Final) and Change Order No.2 (Compensating) for your review. and City Cowlcil approval. I recommend approval of Certificate No.4 (Final) in the amount of $6,849.18. The following project close-out documents are attached: 1. Certificate of Withholding State Income Tax. 2. Lien Waivers 3. Bonding Company Consent Letter. If you have any questions, please call. Sincerely, JZ-,-a~ Thomas A. Syfko, P.E. TAS:j Enclosures ./ ') ',/ l1 ...~ .'~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION August 17, 1993 DATE AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED Finance/Administration FOR AGENDA Non-Discussion Items ITEM t\O. Authorize Increased Allocation for storm Sewer project/177th and Blackfoot Daryl E. Sulander .'1 40~ Finance Director/Actin~ B~ ~ Administrator ~ .;;l () . REQUEST The Andover City Council is requested to approve the attached change order and resolution authorizing the expenditure from the Permanent Improvement Revolving Fund for the additional costs to repair the storm sewer at 177th Ave. and Blackfoot st. Note: Expenditures from the P.I.R. Fund require four affirmative votes for adoption. '-..) BACKGROUND The City Council approved resolution R124-93 at the June 15, 1993 meeting to reconstruct storm sewer and correct the erosion problem at the corner of 177th and Blackfoot. This resolution authorized an amount of $12,500 based on staff estimates. Due to the extensive erosion and steep grade the project, the actual cost of construction will be $19,464.80. Mille Lacs contracting will complete the project as a change order to Andover Improvement Project 93-2, Pinewood Estates 2nd Addition. Engineering costs of approximately $3,000.00 bring the total cost of the project to approximately $22,500.00, requiring an additional appropriation from the PIR Fund of $10,000.00. TO: () o () CHANGE ORDER TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED EngineerS-Architects-Planners Saint Paul, MN Julv 23. 19~ Comm. No. 10364 Change Order No. -1-- To Mille Lacs Contracting for Pinewood Estates 2nd Addition 193-21 for City of Andover. Minnesota You are hereby directed to make the following change to your contract dated June 15. , 19~. The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (desEease) (asE shaa~e) the contract sum by Nin~t~en Thousand Four Hundred Sixty-four and - - - - - 80/100 Dollars ($ 19.464 80 ). The purpose of this change order is to correct the erosion at the corner of Blackfoot Street and 177th Avenue NW (see attached itemization): Add $19.464.80 NET CHANGE ORDER $19,464.80 Amount of Original Contract $ Additions approved to date (Nos. $ Deductions approved to date (Nos. $ Contract amount to date $ Amount of this Change Order (Add) (Deduct) (Not Changed) $ Revised Contract Amount $ 3B2 040 60 0.00 o 00 382.040.60 +19.464.80 401. 505 40 Approved CITY OF ANDOVER. MN TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED By ~-Y:f' Owner By Date White - Owner* Pink - Contractor* Blue - TKDA By , CHANGE ORDER NO 1 COMMISSION NO. 10364 U PAGE TWO Item Unit No Description Ouantity Pric@ Amnunt 1 Clear Trees 30.0 EA $ 40.00 $ 1,200.00 2 Grub Trees 30.0 EA 40.00 1,200.00 3 Royal Concrete Product s Cable Concrete (CC-35) 128.0 SF 7.00 896.00 4 12" RCP Class 5 Storm Sewer 18.0 LF 44.80 806.40 5 15" RCP Class 5 Storm Sewer 60.0 LF 45.90 2,754.00 6 18" RCP Class 3 Storm Sewer 34.0 LF 47.60 1,618.40 7 18" RC Apron with TG & JT 1.0 EA 555.00 555.00 8 Storm Sewer MH w!R-1642 Casting 1.0 EA 1,625.00 1,625.00 9 Storm Sewer CB w!R-4349A Frame and Grate Cast in 8" TOP Slab and Sump 1.0 EA 2,280.00 2,280.00 .:J 10 Concrete Spillway 135.0 SF 6.00 810.00 11 Borrow Material for Fill (LV) 800.0 CY 4.80 3,840.00 12 Topsoil Borrow (LV) 100.0 CY 4.80 480.00 13 Sod. MnDOT 2575 700.0 SY 2.00 1. 400 00 Total $19,464.80 Q () (j I) \. - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -93 Motion by Councilmember to adopt the following: A RESOLUTION AUTHORIZING THE ADDITIONAL EXPENDITURE FOR STORM SEWER CONSTRUCTION FROM THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, Resolution Number R174-90 established a Permanent Improvement Revolving Fund containing a capital Improvement Account designed to fund capital expenditures; and WHEREAS, the City Council has previously approved Resolution Number R124-93 for the storm sewer reconstruction at 177th Ave and Blackfoot St in the amount of $12,500; and WHEREAS, the total cost of the storm sewer construction and erosion correction at the site will cost approximately $22,500. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby authorizes the additional expenditure of $10,000 from the Permanent Improvement Revolving Fund for storm sewer construction and erosion correction at the corner of 177th Ave and Blackfoot st. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 17th day of August with Councilmembers , 1993 voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER ~ REQUEST FOR COUNCIL ACTION DATE Auqust 17, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM t\O. Variances Setbacks, Lot Width, Area Req. Meadow Creek Professional Bldg. Planning ~ BY: 021. David L. Carlberg city Planner REQUEST , "-) The City Council is asked to approve the attached resolution granting numerous variances located on the property known as the Meadow Creek Professional Building at 3480 Bunker Lake Boulevard NW. The Council approved these variances on August 3, 1993 and directed Staff to prepare a resolution for approval at this meeting. . MOTION BY: , \.- ) TO: , '1 \J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -93 A RESOLUTION APPROVING THE VARIANCE REQUESTS OF THE COUNTY OF ANOKA AND THE CITY OF ANDOVER ON BEHALF OF THE MEADOW CREEK PROFESSIONAL BUILDING TO ORDINANCE NO.8, SECTIONS 6.02 AND 8.08 ON THE PROPERTY LOCATED AT 3480 BUNKER LAKE BOULEVARD NW. WHEREAS, The County of Anoka and the City of Andover has requested variances to Ordinance No.8, Section 6.02 and 8.08 for the Meadow Creek Professional Building on the property located at 3480 Bunker Lake Boulevard NW; and WHEREAS, the variances requested are as follows: 1. Variances to the lot the front setback line. variance and the eastern width requirement of 150' as measured at The western most parcel requires a 41' most parcel a 9' variance. () 2. Variances to the lot area requirement of 2 acres. The western most parcel requires a 57,120 s.f. variance and the western most parcel a 55,620 variance. 3. Variance of 10' to the required setback of 50' from a major arterial for the medical building. 4. Variance of 8' to the required sideyard setback of 30' from a street for the professional building. 5. Variance of 5' to the required 10' setback for a driveway from the rear property line; and WHEREAS, the City Council has reviewed the request and has determined that said request does meet the criteria of Ordinance No.8, Section 5.04 and WHEREAS, the City Council finds the requested variances have been caused by the Council approving road construction in the area which was no fault of the property owner; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby approves the variance requests as listed above on the property located at 3480 Bunker Lake Boulevard NW. Adopted by the City Council of the City of Andover this 17th day of August, 1993. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor :) Victoria Volk, City Clerk .1 DATE: August 17, 1993 ITEMS GIVEN TO THE CITY COUNCIL Tree Commission - July 19, 1993 Planning and zoning Commission Minutes - July 27, 1993 City Council Minutes - August 3, 1993 Letter from Glenn Cook, BRA - July 27, 1993 Letter from John Davidson, TKDA - August 5, 1993 Updated Emergency Management Action Plan Northwest Suburban Kinship, Inc. Information Fire Department Information Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. . C.C. 7/)"'1"'- i: :-;;/ (''''<Y'~i( .w IiliIImI l\N Otto G Bonestroo. PE. Robert W Rosene. PE.* Joseph C Anderlik. P.E. Marvin l. Sorvala. PE. Richard E. Turner, PE Glenn R. Cook. PE ThOmas E. Noyes.. PE Robert G. SchuniCht P E Susan M. Eberlrn, CPA *Senior Consultant Howard ^- Sanford. PE Keith A. Gordon. PE Robert R. Pfefferle. PE. Richard W. Foster, P.E. David 0. loskota. PE Robert C. Russek. AlA Jerry A. Bourdon. PE Mark A. Hanson. PE. Michael T. Rautmann. PE. Ted K. Field. PE ThOmas R. Anderson. A.I.A. Donald C. Burgardt PE Thomas E. Angus. PE rsmael Martinez. PE Michael P. Rau. PE Philip J. Pyne. P.E Agnes M. Ring. A.lep. Thomas W. Petef'ion. P.E. Michael C. lynch. PE James R. Maland. PE Jerry D. Pertzsch. PE Kenneth P. Anderson, PE Mark R. Rolfs. PE Mark A. Seip. PE. Gary W. Marien, PE. Daniel J. EdgertOn. PE Allan Rick Schmidt PE Philip J Caswell, PE. Bonestroo Rosene Anderlik & Associates Engineers & Architects July 27, 1993 Mark D. Wallis. PE. Miles B. Jensen. PE l. Phillip Grave! III. PE Karen l. Wiemen. PE. Gary D. Kristofitz. pE F. Todd Foster. PE Keith R. Yapp. PE Douglas 1. BenOit. PE. Shawn D. Gustafson. PE Cecilia Olivier, PE. Charles A. Erickson Leo M. Pawelsky Harlan MOlson James F. Engelhardt nECEIVED JUl 30 1993 CITY OF ANOOVER Mr. Todd Haas City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 Re: 159th Lane N.W., Swallow Street and Quinn Street Project 91-10 Our File No. 17150 Dear Todd: The City initiated the 159th Lane Street Improvement project in the spring of 1991. The preliminary report contained an estimate of $180,000 for storm sewer improvements. The City elected to construct the street improvement without the storm sewer improvements. The pond south of 159th Lane is landlocked, and it was recommended that an overflow be provided for this pond. The City contacted the Warrens and tried to work out an agreement that would allow for an overflow ditch from the pond. The City spent a great deal of effort in the faIl of 1991 and spring of 1992 trying to negotiate an agreement with the Warrens. When it became apparent that an agreement could not be worked out, an alternative plan was developed. The alternative plan did not provide for a drainage ditch to control the pond elevation south of 159th Lane, but provided only interim overflow protection. The City then negotiated an easement on the property north of the Warren's for construction of a swale. The swale will provide an overflow in a major storm event so that homes around the pond will not flood. The City has several options at this time relative to addressing this drainage situation: 1. Construct the storm sewer system outlined in the feasibility study. 2. Re-open negotiations with the Warrens, obtain easements, and construct the ditches. 3. Do nothing; use drainage swale. 2335 West Highway 36 · St. Paul, MN 55113 · 612-636-4600 .. Mr. Todd Hass City of Andover July 27, 1993 Page -2- The long-term interests of the City can best be served by solving problems as they occur. The construction of a storm sewer system is desirable, but would put a costly burden on the benefiting property owners. Construction of the overflow swale removes any danger of significant property damage, but does not provide a permanent solution. If a satisfactory agreement could be worked out with the Warrens, a permanent and economical drainage solution could be implemented. The estimated cost to complete this work is $25,000, which would have to be financed by the City or assessed. The construction of the overflow drainage swale was a low cost solution to a complex drainage problem. The City should take this opportunity to improve the drainage for property owners south of 159th Lane. Please contact this office if you have any questions. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:po cc: Ray Warren 15744 Nightingale St. Andover, MN 55304 ~ ~ \'- _/ cCNnif SCc." '''''''f:!"'..: .. ""'.1" ";..,- ,I', '. ~:-,":;,'.'r ~ ,~ , ! "1\1" \J ,.. i"~\ \~.;" ,\\ ~. '\. ~.., " '. r~} ,: ~ " n.........oJ:.,_ ...,...TJ".~._ C.....,J..""_.J,..... ... ."0 ~J.':__ 1;t; '!U'_ ~G " , " " '. ,.;..".,.1 "-.. " , '" '- '" , r,) ". ~} l ~ , ._-----'-~-- . -~-~ M~ (Y.' '~"""'''''' I ,- / . . ., 0.-.- 1}1 ') .J t/ \ TKDA TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 1500 MERITOR TOWER 4404 CEDAR STREET SAINT PAUl., MINNESOTA 551 01-2140 PHONE:61212Q2-4400 FAX:61212Q2.()OB3 August 5, 1993 Honorable Mayor and City Council Andover,Minnesota Re: Andover, Minnesota Commission No. 9140-003 Dear Mayor and Council: The following is conftrmation of engineering matters discussed at the regular Council Meeting of Tuesday, August 3,1993: 1. Resident Forum A. Woodbine Street Watermain - City Project 92-6 Mrs. Rosella Sonsteby made an appeal for relief fonn watermain lateral assessment to four lots south of 143rd Avenue NW and west side of Woodbine Street. At the Public Hearing held March 19, 1992, property owners of property along the east side of Woodbine rejected a watermain improvement. As a method to satisfy Mrs. Sonsteby's need along the west side of Woodbine Street, the proposed trunk watermain in Vintage Street was rerouted through easements from Vintage Street to Woodbine and connected to the water system internal to Meadows of Round Lake Addition at Xenia Street and 143rd Avenue NW. Based upon 1993 Charges for Sewer and Water Connection to the Trunk Watermain Charges at this time, the charges are as follows: Lateral (Frontage) Water Area Water Connection $22.00 per Foot $1,038.00 per Acre $1,125.00 per Unit Mr. David Newman, attorney for Nettegard Construction, has indicated he would mediate a settlement for the lateral charge equivalent to the unit lateral watermain assessment within Meadows of Round lake, or $1,625.00 per lot. Mrs. Sonsteby's lots are 100 feet in width and lateral charges are $2,200 per lot at City rates. Council Action Place tins item on the agenda for the next regular Council meeting on August 17, 1993. . Honorable Mayor and City Council Andover, Minnesota August 5,1993 Page Two B. Superamerica Site. Project 93.10 Residents in the area are concemed about spill protection on the site since all drainage ponds through Hills of Bunker Lake are interconnected. Council Action The Special Use Permit will be given a public hearing and citizen concerns will be addressed. C. Weybridge 3rd Addition - City Project 92-19 Mr. Windschitl of Ashford Development Corporation and Mr. Steve Voyt of Old is Gold Construction requested that this agenda item be moved from Non-discussion to Discussion Items. Council Action Request was granted. 2. WDE Site - Landfill Closing A. Representatives of Bolander and Sons Construction Company requested an alternate haul route along Crosstown Boulevard. Council Action Request denied due to safety conditions, residential land use, driveway access, children in the area and noise potential. B. John Cristofferson, engineer with CRA, consultant to WDE, indicated a shortage of fill material on the site. Alternatives for securing additional material will impact adjacent areas or final grades. Council Action Referred back to City staff for review and recommendations. Provide details at next regular Council Meeting on August 17, 1993. 3. Woodland Pond Addition - Project 93-14, Commission No. 10474 A. The Council, by resolution, approved the preliminary plat with variances identified. B. A feasibility report dated august 3,1993, was presented, received and approved by resolution. The project will be constructed as a change order to other construction presently under contract. A formal change order will be presented to the Council for processing. Honorable Mayor and City Council Andover,11innesota August 5,1993 Page Three C. The fmal plat was approved by resolution subject to conditions including deposit of escrow funds and development contracts. Removal of buried auto parts on the site is required. 4. Weybridge 3rd Addition - Project 92-19 Mr. Windschitl of Ashford Development Company presented testimony requesting relief from proposed assessments for storm sewer area charges as a result of the Xeon Street Storm Sewer Project 93-19. Mr. Davidson presented the City staff position to justify the inclusion of Weybridge 3rd Addition in the proposed assessment area. Council Action The Council, by resolution, rejected bids for Project 92-19, effective August 6,1993 if the Development Contract including proposed assessments for Project 93-9 is not signed and in process by that date. 5. Winslow Hills 3rd Addition - Project 93-5 The Council, by resolution, approved the plans and specifications and set the date for bid opening for September 3,1993 for Council consideration Tuesday, September 7, 1993. the Engineer was directed to include the extension of watermain and sanitary sewer at Yellow Pine Street and Crosstown Boulevard (CSAH 18), as an alternate bid item. 6. Consent Agenda The Council approved without further discussion the following engineering items: A. Hidden Creek East 5th Addition, City Project 92-15, Commission No. 10197 The Council, by resolution, approved fmal payment to Hydrocon, Inc., in the amount of $14,404.42. The total fmal construction cost of the project is $180,131.92. B. Joint Powers Agreement - City of Coon Rapids and City of Andover The Council approved a Joint Powers Agreement to discharge sewage from part of the plat of Watts Garden Acres (Echo Ridge and Emerald Glen) within Andover to the City of Coon Rapids System in 133rd Avenue NW. 7. Development Contracts The council received testimony from developers relative to City staff recommended changes to development contracts. '. . , .. Honorable Mayor and City Council Andover, Minnesota August 5,1993 Page Four The change as recommended was intended to provide relief to conflicts between City utility installation and building construction contractors in new development areas. Council Action A task force was appointed to consist of representatives from the developers and building construction companies, the City Council and City staff. No action was taken to modify the present development contract format. The Engineer was excused at approximately 12:45 AM. Sincerely yours, JLD:j c..c 0- 1l-q3 Northwest Suburban Kinship, Inc. 1323 Coon Rapids Boulevard . Coon Rapids, MN 55433 Lois Doody · Executive Director Office: 780-6499 (Switchboard: 755-5300) THANK YOU FOR MICHELLE WE KINSHIP KIDS SAY SUPPORTING THE KINSHIP PROGRAM EDWARD TO: fRCM: RE: Date: MEmbers of Andover City COuncil The Northwest Suburban Kinship Program OUr Appreciation of your financial support August 1993 In the name of all Kinship Members, I thank you and all who made it possible for the Northwest Suburban Kinship Program, to receive your generous financial support. It is due to contlnlOUS support like yours, the City of Andover that we are able to continue offering the Kinship Service that we do to those who request our help. May God bless you for your generosity - through it, our accompishments, and they are many, are your accomplishments. Peace and all Good Things. In Kinship, L~~O~ Executive Director ~ ANDOVER VOLUNTEER FIRE DEPARTMENT TOTAL FIRE AND EMS CALLS FOR THE MONTH OF JULY 1993 COUNCIL COpy 08/08/93 DAY/ MTH aTR YTD CALL RESP SCENE FIRE/ NIGHT/ J DAY TIME TIME TIME EMS WEEKEND ADDRESS REASON ~ ~~\1-Q3 --- --- --- --- ----- ----. ----- ----- --------- ------------------------ ---------------------------- ----- --- -----. # PR I COUNTY RESP STA INC I I I 210 2 2 211 3 3 212 4 4 213 5 5 214 6 6 215 7 7 216 8 8 217 9 9 218 10 10 219 11 11 220 12 12 221 13 13 222 14 14 223 15 15 224 16 16 225 17 17 226 18 18 227 19 19 228 20 20 229 21 21 230 22 22 231 23 23 232 24 24 233 25 25 234 26 26 235 27 27 236 28 28 237 29 29 238 30 30 239 31 31 240 32 32 241 33 33 242 34 34 243 35 35 244 36 36 245 37 37 246 38 38 247 39 39 248 40 40 249 41 41 250 42 42 251 43 43 252 44 44 253 45 45 254 46 46 255 47 47 256 TOTALS MTH aTR YTD # # # I 10:45 10:46 10:50 FIRE 5 00:01 00:03 CANC FIRE 5 00:04 00:06 00:13 EMS 6 15:17 15:19 15:20 EMS 6 17:40 17:45 17:48 EMS 6 19:57 19:59 20:01 EMS 7 09:12 09:13 09:15 EMS 7 23:33 23:36 23:40 EMS 8 12:04 12:05 12:11 EMS 9 10:36 10:41 CANC FIRE 9 18:00 18:01 18:09 EMS 10 14:40 14:42 14:50 FIRE 11 17:23 17:25 17:30 FIRE 12 09:09 09:11 09:14 EMS 12 21:57 22:02 22:05 FIRE 14 16:49 16:53 16:57 FIRE 14 18:25 18:27 18:29 EMS 15 14:06 14:09 14:15 FIRE 15 14:26 14:27 14:34 FIRE 15 17:03 17:06 17:09 EMS 15 17:09 17:10 17:12 EMS 16 10:19 10:21 10:22 EMS 16 21:32 21:35 21:36 EMS 16 21:S0 21:50 21:50 EMS 17 20:36 20:37 20:43 FIRE 18 20:08 20:09 20:15 EMS 19 22:44 22:48 22:49 EMS 20 16:41 UNK UNK EMS 21 07:33 07:35 07:38 FIRE 23 08:27 08:28 08:35 EMS 23 14:50 14:53 14:56 FIRE 23 15:01 15:02 15:05 EMS 24 12:06 12:07 12:14 EMS 24 14:39 14:41 14:45 FIRE 24 18:36 18:38 18:40 EMS 25 13:02 13:04 13:10 FIRE 25 19:11 19:13 19:19 EMS 26 09:58 10:00 10:03 EMS 26 18:58 18:59 19:02 EMS 27 07:57 08:02 08:09 FIRE 28 10:02 10:04 10:10 FIRE 28 15:45 15:46 15:53 FIRE 28 20:21 20:23 20:29 FIRE 29 14:43 14:44 14:45 EMS 30 07:55 07:59 08:03 FIRE 31 17:24 17:26 17:31 FIRE 31 23:33 23:36 23:37 EMS 13 13 38 EMS DAY 5 S 35 EMS NIGHT 1 1 20 EMS WEEKEND (DAY) 8 8 34 EMS WEEKEND (NIGHT) 27 27 127 EMS TOTAL 11 11 S4 FIRE DAY 2 2 29 FIRE NIGHT S 5 23 FIRE WEEKEND (DAY) 2 2 23 FIRE WEEKEND (NIGHT) 20 20 129 FIRE TOTAL 24 24 92 TOTAL DAY 7 7 64 TOTAL NIGHT 6 6 43 TOTAL WEEKEND (DAY) 10 10 57 TOTAL WEEKEND (NIGHT) 30 30 13S TOTAL DAY 17 17 121 TOTAL NIGHT 47 47 256 GRAND TOTAl DAY 143RD & ROUND LAKE BLVD AUTO P.I. NIGHT (Wl 2424 SO COON CREEK DR UNK TYPE FIRE IN BACKYARD NIGHT (W 13820 VINTAGE CT ADULT F - FELL DOWN STAIRS DAY 2557 140TH LN ADULT F -W- ABDOMINAL PAIN DAY 18021 AZTEC ST 2 YO -W- CUT ABOVE EYE NIGHT 17523 ROUND LAKE BLVD 8 YO FALLEN OFF MOTORCYCLE DAY 13558 GLADIOLA ST ELDERLY MALE - POSS STROKE NIGHT 3861 139TH LN POSSIBLE OVERDOSE DAY 17349 ROANOKE ST DIABETIC REACTION DAY BUNKER & ROUND LAKE BLVD AUTO P.I. NIGHT iW) 3540 153RD AVE PERSON FALLEN DOWN STAIRS DAY (W 4320 144TH LN SMELL OF GAS IN THE AREA DAY (w 16030 MAKAH ST GAS GRILL ON FIRE IN GARAGE DAY 13537 HEATHER ST PERSON UNRESPONSIVE NIGHT KIOWA ST & 155TH AVE ILLEGAL BURN DAY CO RD 116 & 7TH AVE STRONG SMELL OF GAS - OUTSIDE NIGHT 3754 172ND AVE ELDERLY FEMALE VERY WEAK DAY 4310 144TH LN STRONG SMELL OF GAS - INSIDE DAY 1440 BUNKER LAKE BLVO FIRE ALARM DAY 3754 172ND AVE FEMALE FEELING VERY WEAK DAY 13735 ROUND LAKE BLVD PERSON -W- PAIN IN THEIR SIDE DAY 178S CROSSTOWN BLVD CHILD -W- KNEE INJURY NIGHT W 3815 174TH AVE MALE -W- CHEST PAIN NIGHT W 13735 ROUND LAKE BLVD DIABETIC REACTION NIGHT W CO RD 58 & CO RD 59 ILLEGAL BURN NIGHT W 4036 GENIE DR FALL FROM A LADDER NIGHT 2326 141ST LN POSSIBLE OVERDOSE DAY 2829 134TH AVE SUICIDE ATTEMPT DAY HANSON BLVD & BUNKER AUTO P.I. DAY 3106 164TH AVE POSS BROKEN LEG FROM A FALL DAY 136TH AVE & CO RD 9 BROKEN GAS MAIN DAY 14325 ROUND LAKE BLVD POSSIBLE DOA DAY (Wi BUNKER HILLS PARK POSSIBLE BROKEN ARM DAY (W 2613 140TH AVE BROKEN GAS LINE NIGHT W) 155TH & PRAIRIE RD MOTORCYCLE P.I. DAY (w 1346 140TH AVE BROKEN GAS LINE NIGHT w) 4277 149TH LN ALZHEIMERS PT VERY LETHARGIC DAY 2313 161ST AVE FEMALE IN SEIZURES NIGHT 3200 154TH LN CAR ROLLED OVER 2 YEAR OLD DAY CO RD 7 & CO RD 116 STRONG SMELL OF GAS - OUTSIDE DAY CO RD 20 BETWEEN 7 & 9 GRASS FIRE DAY 3005 142ND LN SMOKE IN THE AREA NIGHT 3200 SO COON CREEK DR ASSIST SHERIFF DAY CO RD 9 & CO RD 116 CAR -VS- BICYCLE P.I. DAY 135TH & ROUND LAKE BLVD SEVERED GAS LINE DAY (W) 13601 ORCHID ST SMOKE DETECTOR GOING OFF NIGHT (w) CROOKED LK BLVD & BUNKER CAR -VS- BICYCLE P.I. 4309.15 DRILLS & MEETINGS ----------------------------- 07/07/93 DRILL 35 07/14/93 DRILL 34 07/21/93 DRILL 34 07/28/93 BUSINESS MEETING 33 136 STATION CALLS CURRENT MONTH YTO 11 12 17 9 7 10 10 11 9 7 8 11 20 10 7 9 7 5 5 5 6 4 7 3 8 4 13 9 13 5 9 13 7 17 15 12 9 6 9 7 9 6 11 6 8 12 12 1 6903 I 7032 1 7033 1 7087 2 7095 2 7103 1 7125 I 7151 2 7162 1 7206 2 7218 1 7244 2 7303 1 7324 2 7369 1 7438 2 7441 1 7464 1 7466 2 7473 1 7474 3 7505 2 7526 I 7527 2 7582 2 7620 1 7659 I N/A 1 7732 2 7772 1 7783 1 7785 3 7825 1 7832 3 7839 1 7886 1 7895 3 7916 2 7930 1 7947 2 7988 1 8002 1 8031 1 8064 1 8087 1 8156 1 8170 ---------------------------------------- STATION I STATION II STATION III ----------- ----------. 29 134 14 73 4 49 47 256 ;::J '" YO .. N '^ - ~ > Q '" '" 0 Cl Cl "d ~ " " 2 .. 0;1 :3 :3 0' " ~ ;:1 r:r .. " :3 ~ f.l r:r 0. 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""" """ VI ~ N "t:l CI:l (j t:xl VI '" '" VI .. .. - 0 ~. ~ - - t s' VI CD .g - ~ ~ '" '" I:l = I:l s.: =:r- - 13 t:xl \Q .. <Jl <Jl CD ~ ~ ~ s.: .g g Sl VI VI el. - ?=' s' Q t:xl , . I:l - - =: ~ I:l 0 00 00 .'" CI:l ~ '" I:l \Q 00 - (j Eo l:l. \Q 00 ~ ~ ~ ~ - Z = S' CD ~ I:l '" ~ Ro =:r- ~ = =:r- """ """ VI ::c - ::,tl ~ ~ VI '" '" VI '" ~ - - w ~ "-l CD ~. il:l ~ ~ <=> ~ 8i '" s: t:xl w s.: ~ .. t ~ z CD !3 ~ s.: N a -;-J - ~ = !:l' e t:xl . - w - ::I. .~ 0 VI W Z ~ ~ I:l VI - l:l. VI .. CI:l e 6' - r> .. ~ CD CD - """ """ VI (j \Q ~ 0 ~ VI '" '" VI =:r- - ~ - - w gg 0 II> ~ ~ - ~ CD ~ '" :I: t:xl 00 ~ t"'" "t:l t t J>' ~ .. :I: .@> s.: CD ~ N N ~ ~ '" 8 t:xl , , CD ~. VI VI Z 0 l:l. =:r- 0 '" N CD '" ~ I:l VI 00 @ I:l l:l. '" 00 - ::c (j l:l. ~ """ """ VI ::c - "t:l t"'" > VI '" '" VI 0 .. .. 8 CD ~ - - w w CD ~ ~ .. ~ - '" .. <=> CD <=> ~. I:l 0 t:xl .. .. , .. l:l. ~ .@> s.: \Q .l" Z CD .. N N '" I:l l:l. '?' '?' - ~ 0 - ~ t:xl .. =:r- oo N <=> Z - 0 ~ w =:r- e:. I:l w - :I: .r l:l. \Q '" ~ II> I:l - I:l '" r> t:xl g <" l:l. I:I:l ~. l:l. ~ ..... t:xl ~. l:l. ~ N tl:l ';"l .... t:xl ~. Q. ~ w t:xl ~. Q. ~ "'" t:xl ... Q. ~ VI CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 17, 1993 AGENDA t\O. SECTION Add-On/Non-Discussion ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t\O. Admin. Approve correction to Kob's First Addition Plat BY: V. Volk J~. The City Council is requested to approve a correction to the plat of Kob's First Addition. Th~ first paragraph of the dedication of the plat reads that the property is in the State of Wright. It will be corrected to read the State of Minnesota. Attached is a copy of the Certification of Correction. V:Attach. MOTION BY: TO: LAND SURVEYOR'S CERTIFICATION OF CORRECTION To the plat of: KOBS FIRST ADDITION Pursuant to the provisions of Chapter 505.174 Laws of Minnesota, 1957, Willis L. Gilliard, the undersigned, a Licensed Land Surveyor in and for the State of Minnesota, declares as follows: 1. That I prepared the plat of KOBS FIRST ADDITION dated 1992 and filed on June 11, 1992 in the office of County Recorder Anoka County, Minnesota, in Book 44 of Plats, Page 42, Document No. 983412. 2. That said plat contains errors, omissions, or defects in the following particulars, to-wit: The first paragraph of the dedication of the plat reads as follows: "KNOW ALL MEN BY THESE PRESENTS: That Kenneth M. Kobs and Beverly A. Kobs, husband and wife, owners and proprietors of the following described property situated in the County of Anoka, State of Wright, to wit:" 3. That said plat is hereby corrected in the following particulars, to wit: The first paragraph of the dedication of the plat is hereby corrected to read as follows: "KNOW ALL MEN BY THESE PRESENTS: That Kenneth M. Kobs and Beverly A. Kobs, husband and wife, owners and proprietors of the following described property situated in the County of Anoka, State of Minnesota, to wit/.:~.~~,~#~., ~ Dated August 16, 1993 ~~' ~~ Willis L. Gilliard, Land Surveyor Minnesota License No. 9587 The Above Certificate of Correction to the plat of KOBS FIRST ADDITION was approved by the City Council of the City of Andover, Anoka County, Minnesota at a meeting held this __________day of 199_____ Mayor City Clerk This Certificate of Correction has been checked and approved this ______day of , 199_____ Anoka County Surveyor This Certificate of Correction to the plat of KOBS FIRST ADDITION was filed in this office for record on the ________ day of J 199 , at o'clock M., and was duly recorded in Book on page County Recorder, Anoka County