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HomeMy WebLinkAboutCC April 7, 1992 '-J .(}\ CITY of ANDOVER , '\ " Regular city Council Meeting-April 7, 1992 8:01 P.M. :all to Order Resident Forum !\.genda Approval !\.pproval of Minutes oiscussion Items 1. Approve Cedar Hills 2nd Addn. Preliminary Plat 2. Approve Winslow Hills 2nd Addition Rezoning 3. Approve Winslow Hills 2nd Addition Preliminary Plat 4. Approve Meadows of Round Lake Revised Preliminary Plat 5. Amend Ordinance 8, Section 8.08 6. Approve WDE Pumping 7. Crooked Lake Milfoil Update 8. Commercial Lot Sale Discussion '\ ,~ Staff, Committee, Commissions 9. Award Street Sweeping Quotes 10. Authorization for Vehicle for Weekend Duty Person 11. Kelsey/Round Lake Park Survey/Minn. Historical Society 12. Sewer Request/Minor Amendment to Comprehensive Plan 13. Amend Ordinance 69/Burning Permit Fee 14. Award Bids/Used SCBA Equipment 15. Award Quote/Fire Dept.-Public Works Wall 16. Approve Purchase of Copier 17. Approve Fund Transfers and Closing of Funds ~on-Oiscussion Items ~ -. .J 18. Approve Plans & Specs/91-27/Meadows of Round Lake 19. Accept Feasibility Report/92-4/Winslow Hills 2nd 20. Approve Stop Sign/Quinn & 138th Avenue 21. Accept Revised Park Dedication & Access Agreement/ Kelsey-Round Lake Park 22. Order Improvement/92-8/Trunk San. Sewer)/pinewood Est. 23. withdraw Variance/Fire Station #2 24. Accept Petition/Woodbine Street 25. Receive February Financial Statements 26. Approve Assessment Abatement 27. Re-Certify Assessment/76-1 ~ayor/Council Input !\.pproval of Claims !\.djournment I'~;}~""'''''"''''''' << ~'l'., ~ ;.- ~ 1;, ...';' .~ ,; " j'," '- ',-,~~,:,... AGENDA SECTION NO. Approval of Minutes ITEM NO. '--- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE A ril 7, 1992 ORIGINATING DEPARTMENT APPRO AGEN' Admin. BY: ~\ BY: Approval of Minutes The city Council is requested to approve the following minutes: March 17, 1992 March 19, 1992 MOTION BY \ TO '-- Regular Meeting Special Meeting (Smith absent) COUNCIL ACTION SECOND BY _~e:1..~ ~(9A" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 7, 1992 DATE AGENDA SECTION ORIGINATING DEPARTMENT APPROVED/IIOR NO AGENDA . Discussion Item ~ C ITEM Approve Cedar Hills 2nd L~I\L NOj. Addn. Preliminary Plat BY: Andover Review Committee BY: I ~ The City Council is requested to review and recommend appro~ng of the preliminary plat of the Cedar Hills 2nd Addition per Ordinance 8 and 10 and all other applicable ordinances as requested by Woodland Development, owner and developer of the property. The Andover Review Committee (ARC) has reviewed the preliminary plat. Their comments are as follows: General Comments: * The proposed preliminary plat is currently zoned R-2 Single Family Estate. This plat is located outside the MUSA area which will require 2.5 acre minimum size lots. Rezoning of the property will not be necessary. "-' * The proposed subdivision consists of 14 single family rural residential lots. * The developer and/or owner will be required to obtain all necessary permits (ONR, U.S. Army Corps of Engineers, Lower Rum River WMO and any other agency which may be interested in the site) . Recommendations of the Andover Review Committee 178th Lane NW will require a variance from Ordinance 10, Section 9.03 (C) which requires a one (1%) percent grade in the rural section from Tulip Street NW (Co. Rd. 58) to 1200 feet west of Tulip Street NW. The City shall require blue top elevation staking at 25 foot intervals to eliminate any ponding (bird baths). The street is an existing City street. Despite a grade of less than 1%, this has been acceptable practice on existing gravel streets. COUNCIL ACTION MOTION BY TO SECOND BY '- . Recommendations of the Park and Recreation Commission ~ The Commission has recommended cash in lieu of land. Recommendations of the Planning and zoning Commission The Commission has recommended the preliminary plat as presented by the developer. The following comments are per the preliminary plat checklist (Ordinance 10): 8.01 IDENTIFICATION AND DESCRIPTION a. proposed name is Cedar Hills 2nd Addition. d. Scale is 1" = 100'. g. The preliminary plat, grading and drainage plan was prepared by Milt Hyland of Hy-Land Land Surveying and the grading and drainage plan has been reviewed by Larry Koshak of Hakanson-Anderson Assoc., Inc. 8.02 EXISTING CONDITIONS , o b. Total acreage is 42.72. c. The existing zoning within 300 feet of the proposed plat has been shown. f. Location of all existing telephone, gas, electric and other underground/overhead facilities are shown on preliminary plat per requirement. g. The boundary lines within 100 feet of the plat have been shown along with the names of the property owners. j. A soil boring report has been received by the city. 8.03 DESIGN FEATURES a. The proposed right-of-way as indicated is 60 feet. c. The proposed street plan and profile will be required to be reviewed and approved by the City Engineer prior to any construction along with storm sewer. g. The setbacks for each lot are shown and are indicated properly as required per Ordinance 8. h. The proposed method of disposing of surface water has been shown on the plat. 8.04 ADDITIONAL INFORMATION , ~ b. Source of water supply is private well. c. Source disposal facilities will be on site septic systems. ~-) " I , .J , 'J f. Flood plain Management is the Lower Rum River watershed Management Organization. g. street lighting is required and the installation costs will be paid for by the developer. j. The total linear road mileage for the proposed plat is 0.30 miles. 9.02 STREET PLANS a. The typical section, right-of-way and grade is indicated on the preliminary plat. 9.03 STREETS a. The proposed right-of-way is shown as 60 feet which conforms to standards by classification. m. Driveway access shall be 60 feet or more from any intersection. n. Boulevard is required to be topsoil and seeded. 9.04 EASEMENTS b. A drainage easement is shown to follow the 100 year year flood elevation. 9.06 LOTS a.3. The proposed preliminary plat is currently outside the Metropolitan Urban Service Area (MUSA). The developer is required to meet this section of the ordinance. e. The developer is responsible to obtain all necessary permits from the watershed Organization, DNR, Corps of Engineers and any other agency that may be interested in the site. 9.07 PARKS, PLAYGROUNDS, OPEN SPACE Park dedication as recommended by the Park and Recreation Commission. , "- I 'J ~ '- ./ ...;.-:--.; ''- .;"~... (0.... \ .L"\. ' .... " CITY of ANDOVER CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The City of Andover Planning and Zoning Commission will hold a public hearing at 7:30 P.M., or as soon thereafter as can be heard, Tuesday, March 10, 1992 at at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN to consider the preliminary plat of Cedar Hills 2nd Addition consisting of 14 single family residential lots as being developed by Woodland Development Co. on the property described as: That part of the Northwest Quarter of Section 5, Township 32, Range 24, lying east of the east line of Block 2, Cedar Hills River Estates 2nd Addition and lying north af 178th Lane N.W. as dedicated in the plat of Cedar Hills River Estates 2nd Addition. All opponents and proponents of said proposed preliminary plat will be heard at the above time and location. ~ /4 Victoria volk - City Clerk Oavld.D & Kri3~ie strobeen 3543 181st Ave NW Andover, Mn 55304 'j ,----"rdell AScott. 3725 181st Ave NW Anoka, MN 55303 Roger A & Jean M Trabant 3645 181st Ave W~ Anoka, MN 55303 Robert D Disrud 3568 178th Ln NW Anoka, MN 55303 Steven R & Linda L Arvidson 18001 Aztec St NW Andover, MN 55304 Thomas W & Theresa B . ,Lenz ,-1530 181st Ave NW Anoka, MN 55304 Oak Grove Township 19900 Nightingale st NW Cedar, MN 55011 \ ,J Michael R & Deborah Barklind 3613 181st Ave WW Anoka, MN 55304 Ronald G & Donna M Roberts 3711 181st Ave NW Anoka, MN 55303 Darla M Bell 3633 181st Ave NW Anoka, MN 55304 Thomas V & Karen E Acker 3561 178th Ln NW Andover, MN 55304 James L & Robyn C Smith 17987 Tulip St NW Andover, MN 55304 Andover Alano Society 3556 - 18lst Ave NW Andover, MN 55304 Arvid & Barb Vandsness 3753 181st Ave NW Anoka, MN 55303 Maymard C & Ann P Tradewell 3701 181st Ave NW Anoka, MN 55303 David A & S J Donnde1inger 3655 181st Ave NW Anoka, MN 55303 Gregory & Louann P Smedsrud 17940 Aztec St Andover, MN 55304 David L & Helen M Smith 17919 Tulip st NW Andover, MN 55304 woodland Development Corp. 830 West Main Anoka, MN 55303 '\ <..J , ___.J '\ ....J . -, ..............-.,.-.. ,0> , ,L"\ CITY of ANDOVER PRELIMINARY PLAT APPLICATION " street Location of Property: liRth !mc! rCllntv Road 59 Legal Desc:iption of Property: '1nrtlnJP<;t Ol'Clrter or Section 5. Township 32. R~nap ~^ lvina PCl<;t or the east line or Cedar Hills River Estates Second Addition - and lving ~orth or 17Sth. Property O.....ner: Lawrence B. Carlson Address: ino ',est 'Main Street. Anoka, MN 55303 Applicant: T ~T.rrp~,...p R r.::lr1~nT1 Address: R10 \<P<;t ',fain Street. Anoka. MN 55303 Phone: 427-7500 Phone: 427-7500 Description of Request: Prpli~inClrv Dlat or Cedar Hills Second Addition Rezoning Request Required: YES [ NO [X] Explain: Fee: Date Paid: Receipt No.: .?;(!~Z- , ) Planning and Zoning Commission Minutes - Ma.ch 10. 1992 Page 2 (Public Hea.ing: P.elimina.y Plat, Ceda. Hills 2nd Addition. Cont.) Bv.on Westlund. Woodland Development - stated they will p.obably put up one of thei. wooden signs indicating the development. M.. Ca.lbe.~ stated they will be coming back .equesting a Special Use Pe.mit fo. that sign. MOTION by Apel, Seconded by McMullen, to close the pUblic hea.ing. Motion ca..ied unanimously. MOTION by Apel. Seconded by McMullen. that the Planning and Zoning Commission send to the City Council fo. its app.oval the p.elimina.y plat of Ceda. Hills 2nd Addition as stated in the Resolution p.ovided by Staff. also indicating a public hea.ing was held. Motion ca..ied unanimously. 7:44 p.m. PUBLIC HEARING: AMENDMENT TO ORDINANCE NO.8. SECTION 8.08 - EXEMPT PAVING OF CITY PARKS ~ 7:44 p.m. M.. Ca.lbe.g explained the wo.ding fo. the p.oposed change to the o.dinance came out of the joint meeting of the Planning and Zoning Commission and Pa.k and Rec.eation Commission on Janua.y 28, 1992. The public hea.ing was opened. The.e was no public testimony. MOTION by Apel, Seconded by McMullen. to close the public hea.ing. Motion ca..ied unanimously. MOTION by McMullen, Seconded by Apel, that we accept the addition of Item (b) to Section 8.08 (E)(6) of O.dinance 8. CIty pa.ks shall be exempt f.om the paving .equi.ement unless deemed necessa.y by the City Council. Fo.wa.d the .ecommendation to the City Council. A public hea.ing was held on Ma.ch 10, 1992. and the.e was no opposition. Motion ca..ied on a 6-Yes, l-No (Peek) vote. Commissioner Peek felt the City should lead by example. 7:48 p.m. PUBLIC HEARING: MINIMUM HOUSING STANDARDS CODE AND RENTAL HOUSING ORDINANCE ,J 7:48 p.m. Mr. Carlberg explained the notices were published for the public hearing prior to the last Planning Commission meeting. and that Is why it is on the agenda as a public hearing. After a brief discussion. the Commission generally felt that the public hearing should be tabled to the next meeting and to review the proposed o.dinances in greater detail. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , ~) RES. NO. MOTION by Cou~cilman to adopt the following: A RESOLUTION APPROVING THE PRELIMINARY PLAT OF CEDAR HILLS 2ND ADDITION AS BEING DEVELOPED BY WOODLAND DEVELOPMENT LOCATED IN SECTION 5, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing and reviewed the preliminary plat of Cedar Hills 2nd addition; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such hearing, the P~anning and Zoning Commission recommends approval of'the plat siting the following: 1. A variance from Ordinance 10, Section 9.03 (c) which requires a one (1) precent grade in the rural section from Tulip Street NW (Co. Rd. 58) to 1200 feet west of Tulip Street NW (178th Lane NW is an existing accepted City street). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Cedar Hills 2nd ~ Addition subject to the following: ) 1. Park dedication to be cash in lieu of land as recommended by the Park and Recreation Commission. Adopted by the City Council of the City of Andover this day of , 19 CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor Victoria Volk - City Clerk ) ,:]r~'~"'i'V~"'<',\ ~i'f'\ ~ ~ 'j' l il '\'.. Y.. ~, ~~~# CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Discussion Item lns ow 1 s ~JNSecond Addition - R-1 to . R-4 - Gorham & Holasek DATE April 7. 1992 ORIGINATING DEPARTMENT.~ Planning ~~ David L. Carlberg City Planner BY: REQUEST The Andover City Council is asked to review the request of Gorham Builders, Inc. and Winslow Holasek to rezone from R-1, Single Family Rural to R-4, Single Family Urban the property legally described on the attached resolution. BACKGROUND The Planning and Zoning Commission, at their March 24, 1992 meeting, recommended approval of the rezoning request. APPLICABLE ORDINANCES Ordinance No.8, Section 5.02, establishes the procedure for changing zoning district boundaries. Ordinance No.8, Section 5.03 (B) establishes the criteria for granting a Special Use Permit. These same criteria shall be used for rezoning requests as well. RECOMMENDATION The Planning and Zoning Commission and Staff recommend approval of the rezoning requested by Gorham Builders, Inc. and Winslow Holasek to rezone property from R-1, Single Family Rural to R-4, Single Family Urban. The Council should also consult the March 24, 1992 Planning and Zoning Commission meeting minutes included in the packet materials for details on the public hearing. , MOTION BY , ra COUNCIL ACTION SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , '-/ RES. NO. R -92 A RESOLUTION GRANTI~G THE REZONING REQUEST OF GORHAM BUILDERS, INC. AND WINSLOW HOLASEK TO REZONE PROPERTY TO BE KNOWN AS WINSLOW HILLS 2ND ADDITION, LEGALLY DESCRIBED BELOW FROM R-1, SINGLE FAMILY RURAL TO R-4, SINGLE FAMILY URBAN. WHEREAS, Gorham Builders, Inc. and Winslow Holasek have requested a rezoning from R-1, Single Family Rural to R-4, Single Family Urban on the property legally described on the attached Exhibit A. WHEREAS, the Planning & zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03(B) and that there is no negative effect of the proposed use upon the health, safety, morals and general welfare of the occupants of ~urrounding lands; there will be no negative effects on the values of property and scenic view in the surrounding area; and WHEREAS, the Planning and zoning Commission finds that the request is also in compliance with Ordinance No.8, Section 5.02; and ~) WHEREAS, a public hearing was held and there was no opposition to said rezoning; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the rezoning 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 rezone the property legally described on Exhibit A from R-1, Single Family Rural to R-4, Single Family Urban. Adopted by the City Council of the City of Andover on this 7th day of April, 1992. CITY OF ANDOVER Kenneth D. Orttel, Mayor ATTEST Victoria Volk, C~ty Clerk ,-) ~ o - , '--) CITY OF ANDOVER REQUEST F.OR PLANNING COMMISSION ACTION March 24, 1992 DATE AGENDA IT~M 3. Pub1~c Hearing - Rezoning - R-1 to R-4 - Winslow Hills 2nd - GorhamjHolasek ORIGINATING DEPARTME~ Planning _~ David L. Carlberg City planner BY: APPROVED FOR AGENDA BY: REQUEST The Andover Planning and Zoning Commission is asked to review the request of Gorham Builders, Inc. and Winslow Holasek to rezone property from R-1, Single Family Rural to R-4, Single Family Urban. The property is generally located east of the property platted as Winslow Hills and is legally described on the attached resolution. APPLICABLE ORDINANCES Ordinance No.8, Section 5.02, establishes the procedure for changing zoning district boundaries (rezoning). Ordinance No.8, Section 5.03(B), establishes the criteria for grant~ng a Spec~al Use Perm~t. These same cr~ter~a shall also be considered in the determination of granting a rezoning request. The criteria include: the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and land, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. If the Commission chooses to deny the rezoning request, it is imperative that the Commission indicate findings of fact in this and all rezoning cases. Page Two Rezoning - Winslow Hills 2nd Addition Gorham Builders, Inc & Winslow Holasek March 24, 1992 ~ COMMISSION OPTIONS " A. The Andover Planning and zoning Commission may recommend approval of the rezoning requested by Gorham Builders, Inc. and Winslow Holasek to rezone property from R-l, Single Family Rural to R-4, Single Family Urban legally described on the attached resolution. The Planning Commission finds that the proposal meets the criteria established in Ordinance No.8 Section 5.03(B). B. The Andover Planning and zoning Commission may recommend denial of the rezoning requested by Gorham Builders, Inc. and Winslow Holasek to rezone property from R-l, Single Family Rural to R-4, Single Family Urban legally described on the attached resolution. The Planning Commission finds that the proposal does not meet the criteria established in Ordinance No.8 Section 5.03(B). C. The Andover Planning and Zoning Commission may table the item. STAFF RECOMMENDATION ~ Staff recommends option A. \ , ) ,-) o ,-J " EXHIBIT A " \ That part of the Southwest Quarter of Section 23, Township 32. Ranqe 24. Anoka County. Minnesota. described as follows: Beqinninq at the Southeast corner of Lot 1, Block 3. WINSLOW HILLS. accordinq to the dUly recorded plat thereofi thence South 89 degrees. 27,minutes, 32 seconds East. assumed bearinq, alonq the South line of said Southwest Quarter, a distance of 360.00 feeti thence North 0 degrees, 32 minutes. 28 seconds East. a distance of 200.00 feeti thence South 89 deqrees, 27 minutes, 32 seconds East, a distance of 4.71 feet; thence North 0 degrees, 32 minutes. 28 seconds East. a distanCe of 363.64 feeti thence South 89 degrees, 27 minutes, 32 seconds East. a distance of 410.00 feet; thence North 0 degrees, 32 minutes. 28 seconds East. a distance of 227.35 feet; thence Northeasterly a distance of 109.81 feet alonq a non- tanqential curve concave to the Northwest havinq a radius of 405.54 feet. central angle of 15 deqrees, 30 minutes. 49 seconds. and a chord bearinq of North 80 degrees. 41 minutes, 00 seconds East; thence North 0 deqrees. 32 minutes. 28 seconds East, a distance of 274.56 feet; thence North 14 deqrees. 56 minutes. 43 seconds West, a distance of 120.95 feeti thence North 30 deqrees, 23 minutes, 46 seconds West, a distance of 742.87 feet; thence North 55 deqrees, 07 minutes, 30 seconds East. a distance of 34.48 feet; thence North 30 deqrees. 47 minutes, 50 seconds West, a distance of 90,00 feet; thence North 61 degrees, 06 minutes, 19 seconds West. a distance of 294.14 feet; thence South 51 deqrees. 49 minutes, 38 seconds West. a distance of 360.00 feet; thence South 13 deqrees. 04 minutes, 14 seconds ',.jest, a distance of 476.97 feet to the most Northerly corner of Lot 1, Block 6. said WINSLOW HILLS; thence Southerly, Easterly and Southerly alonq the East line of said WINSLOW HILLS to the point of beqinninq. ~-I :.;;~'jt..\.<::~.:;.:,; ,:,\j;~ff~1t' ..:<:~\~:y~~:~~:/,;::;: :::. P' ~I'.r ,; ~' ~.,~ iI' ''h "I-l~.. I. , it. J .:. ':' -. ZIrO I ., ~ ~;.4R; _l_J ':: - =",.r;: ;,?, \..:.1 ' <'1'~"E ~ '~'H_ .I:'L.- '~IIIN.~"<I ; :' '. '~ _"..'. r:1fC.f.~ . ,.~ ~- --- .-...... '. . ' , ii\.~..Jli , ACE ' . "I'" ~ :l~~: 6~-:. ~41i ~ S .. ~,....~tt~..... 4 9_ "J..brv ER!~Y! i:i1T-l:~ )- ......" -': ',.J' ~.., ::s::: ' '- ';-';~," . .. ry. '(iF coer,; RPp;oS;-/~r';Cf~A GO.~ "- o CITY of ANDOVER REZONING REQUEST FORM property Address ISO fA LJ~ k A UOC.-Jc. t S+:. Legal Description of Property: (Fill in whichever is apporpriate): Lot Block Addition W/,J',r!ol)J j.J'dlr ~..d AdJ. plat parcel PIN (If metes and bounds, attach the complete legal) - --------------------------------------------------------------------- Reason for Request PI a:tf;J,J f 0..-,.,,\ 17 ~ (J tAr; ('. of rJroCl'r1 rOo/' S"!-V:JIe. I I \ '-~ current zoning ~-I Requested zoning p.,-t./ --------------------------------------------------------------------- Name of Applicant b(1,.~n.n'l\ lJutlJ^1-f' "111/1'..,. (Address J..f"'3?- /1,' H ISS,/! ( f)r C o~)./ Ar-/,.d..so 11,;" SJY33 Home Phone 0/;),/-10;)..0 Business phone t.;;:;...l- 0'19R- 'ifr:v.. Signature ~~ (vJ ~ Date ~~ -------------------~-----~------------------------------------------ ( (').1 Property Owner (Fee Owner) (If different from above) Address 11,:)1 A /oJ) ovrl' Home Phone /.f3l.{ -J"f- / 2 f-/ 01 r_.'? e. h fJ 1'00fl" f,(--f t 2M(". II Lvrl. Business phone So..J./1e Signature Date :J.. -17-'9' 2- ~~------------------------------ '1 j . . , '--) \ o \ j REZONING 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 Fee: $200.00 Recording Fee: $ 15.00 Date Paid 2/10/9Z ~ ~rJ7 /5 Receipt jf Rev. 1-07-92:d'A Res. 179-91 (11-05-91) " ) '-~./ '-) '~_/ -:'0 \. ..l'\, . ..... .~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 .n."; . 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, March 24, 1992 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the rezoning request of Gorham Builders, Inc. to rezone the following legally described property from R-1, Single Family Rural to R-4, single Family Urban. LEGAL DESCRIPTION That part of the Southwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota lying east of Winslow Hills, according to the duly recorded plat thereof. All comments will be received at that time and location. ~/~ Victoria Volk, City Clerk Publication dates: MARCH 13, 1992 MARCH 20, 1992 Landol J & patricia Locher 15451 Nowthen Blvd Anoka, MN 55303 Locher Anoka Hennepin School Dist 11299 Hanson Blvd NW Coon Rapids, MN 55433 - 'nta' s Tree Farm : ' 408 Xerves Ave '-Jurnsville, MN 55337 James Allen & Rose M Braun 1386 148th LN NW Andover, MN 55304 Mark L & Alice A Carson 1487 148th LN NW Andover, MN 55304 George H & Mary E Williams 1516 148th LN NW Andover, MN 55304 Charles S & Joyce E '1 wanson '- /~20 148th LN NW Andover, MN 55304 Kenneth E & Deon J Labathe 14841 Eagle NW Andover, MN 55304 Richard & Michelle Ericksen 15017 Bluebird st. Andover, MN 55304 Leonard pantlin Jr. 15101 Bluebird St. NW Andover, MN 55304 ~) Winslow I Holasek 1159 Andover Blvd NW Andover, MN 55304 " Phillip T & Rita A Fox 11139 190th st NW Elk River, MN 55330 Terri Larae Tam 1455 148th LN NW Andover, MN 55304 Guy J & Linda J Mahmarian 1484 148th LN NW Andover, MN 55304 Gaughan Land Inc 299 Coon Rapids Blvd Coon Rapids, MN 55433 Robert & Renee Bannister 14971 Bluebird St. NW Andover, MNS 55304 l?l~M~~~ Marvin & Rosemary Eri ^~Cn 15077 Bluebird St. Andover, MN 55304 Robert Rose 15111 Bluebird st. NW Andover, MN 55304 Norman L & Sandra A Myhr! 14853 Bluebird NW Andover, MN 55304 Lawrence & Diane Masters 1371 148th LN NW Andover, MN 55304 Bernard R & Carol A Jones 1519 148th LN NW Andover, MN 55304 william G & Amy C Woodington 1423 148th LN NW Andover, MN 55304 Myron G & Margaret M Gannon 1452 148th LN NW Andover,MN 55304 Brock H & Beth A Bircher 1539 148th LN NW Andover, MN 55304 Michael & Krys Greer 14995 Bluebird St. Andover, MN 55304 Samuel Lewis 15089 Bluebird st. NW Andover, MN 55304 Steven Kraatz 15127 Bluebird st. NW Andover, MN 55304 If~.'f.$%"'''''C''''-' ,-' o \"" . ' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. D . . It lSCUSSlon em DATE ORIGINATING DEPARTMENT April 7, 1992 Engineering ~ APPR~ffj FOR A6x ITEM Winslow Hills 2nd NO. Addi tion preliminary BY: Todd J. Haas The city Council is requested to table Winslow Hills 2nd Addition preliminary plat until the next scheduled meeting as requested by the developer. '---'" COUNCIL ACTION " , MOTION BY TO SECOND BY "---' Winslow Hills Properties ,-J Winslow Holasek: 434-5812 Gary M. Gorham: 421-0998 " April 2, 1992 City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Re: Winslow Hills 2nd Addition Dear Dave: Please table the preliminary plat, rezoning request, and feasibility report from the April 7, 1992 council meeting. Please have it on the agenda for the following council meeting. We will be proceeding with the plat expediously and wish to have the minor amendment request to the comprehensive plan reviewed at the April 7th council meeting. ,) Sincerely, ~ fltl ~r/~ W~ f( ..... . I'" ~o-<"J d. '~(y~/" '. :J 1.,/~f15'...:7"""C'" . ~s, " ~'" \ ~~}\ , J . ~....J ",'~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 7, 1992 DATE AGENDA SECTION NO. Discussion Item ORIGINATING DEPARTMENT Engineering # ITEM Approve Meadows of NO. Round Lake Revised BY: Todd J. Haas The City Council is requested to review and approve the revised preliminary plat for The Meadows of Round Lake. The developer has changed the alignment of Eldorado street NW and 147th Avenue NW to allow the City to designate as a MSA street. The variances that are necessary for the revised preliminary plat are as follows: 1. Variance from Ordinance 8, Section 6.02 in a R-4 (single family urban) zoning district for Block 2, Lot 1 as the mean depth is less than 130 feet. In addition, the lot is required to front 146th Lane NW to minimize the direct accesses to Eldorado street NW. '-/ 2. Variance from Ordinance 10, Section 9.02 (c) for Block 1, Lot 1 and 2; Block 3, Lots 12-17; Block 4, Lots 1-5 and 36-45; Block S, Lot 1-9 to allow the lots front on Eldorado street NW and 147th Avenue NW which has been designated as a MSA street. The Andover Review Committee has reviewed the revised preliminary plat and is recommending approval. Note: The revised grading, drainage and erosion control plan is being redesigned to accommodate for the relocated Eldorado Street NW and the wetlands that will not be altered or filled. COUNCIL ACTION MOTION BY TO SECOND BY , -j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. I '--_/ A RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT OF THE MEADOWS OF ROUND LAKE AS BEING DEVELOPED BY NEDEGAARD CONSTRUCTION COMPANY, INC. IN SECTION 29 & 30, TOWNSHIP 32, RANGE 24, ANOKA CQUNTY. WHEREAS, the Andover Review Committee has reviewed the revised preliminary plat; and WHEREAS, preliminary plat Resolution No. 196-91 continues to be applied to the revised preliminary plat; and WHEREAS, the City Council approves the revised preliminary plat citing the following variances: 1. Variance from Ordinance 8, Section 6.02 in a R-4 single family urban zoning district for Block 2, Lot 1 as the mean depth is less than 130 feet. In addition, the lot is required to front 146th Lane NW to minimize the direct accesses. ,~/ 2. Variance from Ordinance 10, Section 9.02 (c) for Block 1, Lot 1 and 2; Block 3, Lots 12-17; Block 4, Lots 1-5 and 36-45; Block 5, Lot 1-9 to allow the lots front on Eldorado street NW and 147th Avenue NW which has been designated as a MSA street. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby approve the revised preliminary plat citing the following: 1. A revised grading, drainage and erosion control plan be resubmitted and reviewed'by the Andover Review Committee. This plan must meet all ordinance requirements. Adopted by the City Council of the City of Andover this 7th day of April , 19~. CITY OF ANDOVER ATTEST: Kenneth O. Orttel - Mayor Victoria volk - City Clerk \ \ '.--/ "I'~~r'''''~~'~', ...,.9,' .\.... ~ " ~ ~ ~ ~ "');\...5 i '--J 'l-, ", . ITEM Section NOS. CITY OF ANDOVER REQUEST FOR COUNCIL ACfION April 7, 1992 DATE ORIGINATING DEPARTMENT '"l) Planning L<:.- David L. Carlberg City Planner BY: AGENDAD~~~~~~ion Items NO. REQUEST The Andover City Council is requested to review the proposed amendment to Ordinance No.8, Section 8.08(E)(6), which would exempt city parks from the paving requirements established in this section unless the City Council deems it necessary. The Council should review the attached minutes from the February 28, 1992 joint meeting between the Planning and Zoning Commission and the Park and Recreation Commission. Also attached for review is the staff report presented at the March 10, 1992 Planning and Zoning Commission meeting. RECOMMENDATION The Planning & Zoning Commission on March 10, 1992 made the motion '- to recommend approval of the proposed ordinance amendment. The Council should consult the attached Planning and Zoning Commission minutes dated March 10, 1992. Attached for Council review and approval is the amendment to Ordinance No.8, Section 8.08(E)(9). MOTION BY COUNCIL ACTION SECOND BY '---' TO ~ '- o " '-J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. 8WWW AN ORDINANCE AMENDING ORDINANCE NO. 8SSS, EFFECTIVE MAY 7, 1991 KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 8SSS, Effective May 7, 1991 is hereby amended as follows: SECTION 8.08 PARKING REQUIREMENTS (E) (6) SURFACING All driveways, off-street driving, loading, parking and storage areas shall be surfaced in accordance with the standard specifications as adopted by the City and on file in the office of the City Engineer. (a) Farm dwellings and farm operations are exempt from the paving requirement. (b) uirement fe.Hc) Storage areas for heavy construction equipment that would damage the pavement may be exempt from the paving and surfacing requirement with an acceptable surface approved by the City Engineer. fe+(d) Plans for surfacing and drainage of driveways for non- residential uses shall be submitted to the City Engineer for review and the final plan shall be subject to written approval. Adopted by the City Council of the City of Andover this day of , 1992. CITY OF ANDOVER ATTEST: Kenneth D. Orttel, Mayor Victoria Volk, City Clerk :J CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION March 10, 1992 DATE AGENDA ITEM 4. Public Hearing Amend Ord. No. 8 Sec. 8.08(E)(6) -ORIGINATING DEPARTMENT l--) Planning ~ David L. Carlberg City Planner APPROVED FOR AGENDA BY: BY: REQUEST The Andover Planning and Zoning Commission is asked to review the proposed amendment to Ordinance No.8, Section 8.08(E)(6). SECTION 8.08(E)(6) BACKGROUND On January 28, 1992 the Planning and Zoning Commission and the Park and Recreation Commission held a special meeting to consider amending Ordinance No.8, Section 8.08(E)(6) to exempt city parks from the paving requirements established in this Section. Attached are the meeting minutes for Planning and Zoning Commission review. :J The proposed amendment is attached for Commission review. ~ --J " '.....J ~J ~ CITY of ANDOVER - JOINT PLANNING AND ZONING COMMISSION/PARK AND RECREATION COMMISSION MEETING MINUTES - JANUARY 28, 1992 A Special Joint Meeting of the Andover Planning and Zoning Commission and Park and Recreation Commission was called to order by Planning Commission Chairperson Bonnie Dehn on January 28, 1992, 6:50 p.m., at the Andover City Hal I, 1685 Crosstown Boulevard NW, Andover, Minnesota. P&Z Commissioners present: Maynard Apel, Steve Jonak, Bev Jovanovich, Marc McMullen Becky Pease, Randy Peek Chairperson Jeff Kieffer, Tom Anderson, Roger Paulson, MIke Auger Darrell DeLarco, JIm Lindahl, David Woods City Planner, DavId Carlberg Assistant City Engineer, Todd Haas P&Z CommissIoners absent: Park CommissIoners present: Park CommissIoners absent: Also present: Park Board ChaIrperson KIeffer explaIned the Staff Is InterpretIng City ordinance to mean all parkIng lots in CIty parks must be paved since that provision to the ordinance was enacted several years ago. The Park and Recreation Commission feels City parks should be exempted from that provision because they are not commercial parking lots. The usage is seasonal and is not utilized like commercial parking lots. They also feel that paving parking lots is not the best use of park dedication fees. Given the already limIted park budget, It doesn/t make sense to spend the money on bituminous for parking lots rather than in creating parks. Chairperson Kieffer stated the Park Board should have the authority to determine when a parking lot within a park needs to be paved. That would probably be determined on usage and upon the recommendation of the Public Works Department. Further discussion by CommissIoners was the Park bUdget has been cut drastically in the last several years. They would like to see parks exempted from the paving requirements of the ordInance Just like farm dwellings and storage areas for heavy construction equipment. Mr. Haas explained only one or two parks have been paved since the ordinance was enacted. The plan is to place bItumInous In the parkIng lot of Kelsey-Round Lake Park In the thIrd year of the program. All other exIsting parks have been grandfathered. It was felt by several that because of the hIgher use expected of Kelsey-Round Lake Park, the parkIng lot should be paved. ~ Joint Meeting - P & Z and Park Board Minutes - January 28, 1992 Page 2 After scme discussion, the consensus was that reasonableness would dictate'that park funds should be spent on park development. It was noted in many cities the paving and maintenance of roads and parking lots in the parks is under the jurisdiction of the Streets and Highways Department with the funding coming from the Street budget, not from Parks. Mr. Carlberg stated within the Urban Service Area where everything is curbed and paved, the City might want to blackto~ parking lots in parks as well. It was suggested the ordinance be amended under Section 6, Surfacing, addi ng paragraph (d) "Ci ty parks sha II be exempt from the pav I ng requirements unless the City Council deems it necessary." The paragraph can also list the guidelines under which it would be necessary to pave within a park. It was also suggested the City Council be approached as to tne funding for that paving to come from the Street Department. Staff was asked to prepare the proposed amendment to Ordinance No.8, Section 6, exempting parks from the paving requirements, for a public hearing to be held by the Planning Commission. , ~ There being no further business, Planning Commission Chairperson Dehn I ~ declared the meeting adjourned. 7:10 p.m. Respectfully submitted, ~~~~L Marcella A. Peach Recording Secretary '- ) - '\ 'J " ~~ , '--) ~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304. (612) 755-510G ..- CITY OF ANDOVER COUNTY OF ANORA 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, March 10, 1992 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review an amendment to Ordinance No.8, Section 8.08(E)(6), which would exempt city parks from the paving requirements as specified in Section 8.08(E)(9) unless the City Council deems it necessary. All written and verbal comments will be received at that time and location. [Lid Victoria Volk, City Clerk Publication dates: February 28, 1992 March 6, 1992 ~d~'~""""'-"': " ~~ "... '~- "\ "'~. " - - \ ".~,~, '" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 7, 1992 DATE AGENDA SECTION NO. Discussion Item ORIGINATING DEPARTMENT Engineering r ITEM Approve WOE Pumping NO.h. BY: Jim Schrantz The city Council is requested to approve the attached letter to Jon Christofferson with CRA/WDE Group 28 giving the WOE Group permission to pump the water from their test wel~ into the cities sanitary sewer. Also attached is their permit from the Metro Waste Control Commission. Ken Orttel, Bill Hawkins and I will be meeting with the EPA and MPCA on Monday, April 6th and will discuss that at the Council meeting. Attached: Letter to Jon Christofferson dated April 8, 1992 Letter from MWCC dated March 24, 1992 , " '-~ COUNCIL ACTION MOTION BY "- TO SECOND BY '_./ :~ ~J C) ~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 April 8, 1992 Jon Christofferson CRA Consultant Engineer 1801 Old Highway 8, Suite 114 St. Paul, MN 55112 Re: Approval for Discharge of Contaminated Ground Water at the WDE Site Dear Jon: The City of Andover gives approval for the Discharge of Contaminated Ground Water at the WDE Site into the Andover Sanitary Sewer. The Group 28 Engineer should meet with the Public Works Director and Superintendent to determine the proper manhole and discharge method into the manhole. The City makes the March 24, 1992 approval by the WMCC part of the City's approval. The estimated cost is $1.50/1000 gallons of charged water. The City of Andover is planning a project in late Mayor early June to extend sanitary sewer north from a manhole on the north side of Coon Creek. We want to coordinate the project so as not to interfere with the pumping test and do our project before the permanent pumping is set up. The City sanitary sewer project will require dewatering. The dewatering will be more than 300 feet from the toe of the landfill. Sincerely, James E. Schrantz City Administrator JES:rjr 5[\T BY:C~~. I\C. 3-2i-82 b;2l.~~j; Cu\E~1uG~-~UVLK~- '\"':" ..i 7 ~ ~ Metropolitan Waste Control Commission Mears Park Centre. 230 WI Fiftb Streel. St. Paul. Minnesota 55101 612 222-8423 , ) March 24, 1992 4:t. f47l- '1 ~ CC~ :. \.':~ ..- ".: ~:";~-~.'" Mr. Jon Christofferson CRA Consultant Engineers 382 W. County Rd. D st. Paul, MN 55112 RE: Approval for Discharge of Contaminated Groundwater at WOE Sanitary Landfill I'JIm 2 6. 92 Dear Mr. Christofferson: The Metropolitan Waste Control Commission (MWCe) hereby grants approval for the discharge of contaminated groundwater generated during a pump test from the above referenced site to the Metropolitan Disposal System (MOS). The location of the discharge will be at the access of the city of Andover sanitary sewer. This approval is Subject to the following conditions: -The approval becomes effective immediately and expires on April 30, 1992. The MWCe shall be notified at least 48 hours prior to commencement of the pump test. '\ '-....) -The discharge rate and location shall be approved by the city of Andover. -The discharge volume shall be measured and reported on the attached form once the discharge is complete. Billing for sewer use shall be arranged by the city. -contaminated groundwater shall pass through an oil/water separator with a detention time of not less than 30 minutes, or any other pretreatment system if necessary, prior to discharge. The separation tank Shall be vented in such manner to prevent vapors from entering the sanitary sewer. Solids or liquids retained by the separator shall not be disposed of into the MDS. -Representative samples of the discharge shall be taken once during the pumping period and shall be analyzed for metals, VQe, BNA and pesticides. The analytical methods used shall meet EPA protocol (Code of Federal Regulations Part 136). -No single toxic organic concentration in this discharge shall exceed 3 mg/l ~ and no combination of toxic o~ganics shall exceed 10 mg/l. -The discharge is subject to all applicable provisions of the MWce Waste Discharge RUles and the MWCC strengh charge system. \ -The discharge shall also be subject to any conditions set forth ,_) by the Minnesota Pollution Control Agency, the Minnesota Department of EQual Opportunity/Affirmative Action EmplOY9r ~D ~ Mr. Christofferson \ Page 2 'J March 24, 1992 Health, the Minnesota Department of Natural Resources, and the city of Andover, The MWCC reserves the right to inspect the pumpout/disposal system at an~ time. The MWCC also reserves the right to revoke the approval of this discharge at any time. Reasons for revocation include, but are not limited to: -noncompliance with approval conditions, -adverse effects of the discharge on the MDS or local sewers, -nonsubmittal or late submittal or reports, and -failure to make the required notifications. If you have any questions regarding this matter, please contact me at 772- 7011. sincerely, V tl7 ?laic dbY7 Van-Anh Thai Tang ~ Staff Engineer Industrial Waste Division . '\ ,J cc: L. H. Hermes, MWCC Enclosure '\ ,~) ~\ Metropolitan -=- = ~ => Waste ContrOl '=-;7 Commi~on ,~ Mears Park Centre 230 East Fith Street st. Paul, MN 55101 ONE-TIME APPROVAL SPECIAL DISCHARGE REPORT 1. Responsible Party 2. Site Address Mailing Address 3. Date (5) of discharge 4. Total volume discharged 5. Method of volume determination 6. Sample collected by 7. Sample analyzed by 8. Analytical results. List all required parameters and report the results for each. Express all values in mg/l or ppm (except for pH). ""Analytical methods used shall meet EPA protocol '(Code of Federal VRegulation Part 136). copies of all laboratory data sheets shall be submitted with this report. Parameter Result Report submitted by: * Name (PRINT) Title Date Phone signature *This report must be signed by the responsible party or a designated "authorized representative as defined in 40 ern Part 403 General <,JPretreatment Regulations. ,~;"'''i''"''.~''''''''C l~ "\ ,) ,I ~) \' '''" ~/ ,_/ CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE AnTi 1 7. lqq1 '- AGENDA OSECTION . ORIGINATING DEPARTMENT 'PP,~~~O" NO. lSCUSSlon Items AGE ~A Admin. ITEM update/Crooked Lake BY: J' ' NO. Volk~f 7. MiHoil BY: V. ) Mayor Orttel will have information on this item at the meeting. I ! COUNCIL ACTION MOTION BY SECOND BY TO '--- (~<;''',$.cr.'''''>,: , il , ~~ ~ ~:~\, " ~~ ..'>-.. CITY OF ANDOVER , '\ '-J REQUEST FOR COUNCIL ACTION April 7, 1992 DATE ORIGINATING DEPARTMENT '"\) Planning ~ David L. Carlberg BY: Ci ty planner AGENDA SECTION NQ Discussion Items ITEM NO'i- Commercial Park Lot Purchase - Price The City Council is asked by Ron Hudak of G & R Elevator to reduce the cost of Lot 2, Block 2, Andover Commercial Park from $.65 s.f. to $.55 s.f. and/or reduce the sewer and water connection charges. Mr. Hudak will be attending the meeting to give a short overview of the operation and discuss the possible price and rate decreases. '-../ COUNCIL ACTION MOTION BY TO SECOND BY '-' t~:r-c"-"''''''''', 11 'J \~"".' . / '~:, ." . -.~ -, .... ,-,,~,~- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 7, 1992 DATE AGENDA SECTION NO. Staff, Commi ttee, Comm. ORIGINATING DEPARTMENT Public Works ITEM Award Street Sweeping NO. Quotes ~. We have received quotes from 4 companies with hourly rates for the 1992 street sweeping project. The quotes are as follows: BY: Frank Stone APPR~~E~ FOR AGEN~ "--'" 1. Allied Blacktop Co. $57.00 per/hr per/unit 2. Clean Sweep Inc. $55.95 per/hr per/unit 3. Outside Services Inc. $52.50 per/hr per/unit 4. Metro Sweep $50.00 per/hr per/unit Of the four companies listed above Allied Blacktop is the most expensive and has swept our streets many times and done a very good job. They have the highest hourly quote, but with their good maintenance of the machines they have swept the city in less time than estimated and saved the city money. Second choice would be Clean Sweep Inc. Outside Services Inc. has swept the city before but they had quite a few breakdowns and at that time their workers were inexperienced. Metro Sweep has the lowest hourly rate. This company is new as of this year. Their personnel have worked for larger sweeping companies. That is the only information that I have on them. If the Mayor and Council would like the Public Works Department to rent two Pelican sweepers the cost would be $35.00 per/hr per/unit to do the sweeping on our own. Two of our personnel have run sweepers before. Any major breakdown on these machines would be paid by the company we rent the sweepers from. Any minor breakdowns such as fires, chains, brooms, brushes, hydraulic motors, etc. would be paid by the city if damaged. This would hold up some other work such as pot hole patching but that could be done later. We have $16,800 for our The estimate is 290 COUNCIL ACTION MOTION BY TO SECOND BY ',,-, ~~~'t$-lt$;m>> ~' n :~ \~., : ,. '"!:~.- -- - -~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 7, 1992 DATE ORIGINATING DEPARTMENT Engineering \ APPRO\ ~D FOR AGE~J '\/ " ,l-~ / AGENDA SECTION NO. Staff, Committee, Comm. ITEM Authorization for Vehicl NQ for Weekend Duty Person /t>. BY: Jim Schrantz BY: / J The city Council is requested to authorize the taking of a city vehicle out of the city for weekend duty. The Fire Department and Public works Department have weekend duty people that live outside of the city. The Fire Dept. has had the use of a city vehicle for weekend duty and the duty officer has taken this vehicle home. The Fire Dept. now has an officer that lives outside of the city by about 3 miles and they want him to be able to have weekend duty and take the vehicle home with him. " The Public Works Dept. has weekend duty and in the past has used their own vehicle to get to Public Works where they pick up a vehicle and then go to take care of the problem. Now, we want to have the weekend duty person be able to take the city's duty vehicle home and respond directly to the problem area. This also gives them equipment to handle the problem and radio and telephone abilities to contact Frank and I in case they need help. "----" The vehicles in both cases (Fire Dept. or Public Works) can be used for official business only and not for personal use. Frank and Dale will be available to discuss this further at the meeting. COUNCIL ACTION r- MOTION BY TO SECOND BY , ~~ -,~.;!l7!j~~":::~. ~ f~" " I .1 ~~ ...,.. , "-"". ,j c;::- " "- ':-:.'...."h CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 7, 1992 DATE ORIGINATING DEPARTMENT Engineering ~ ITEM Kelsey/Round Lake Park NO. Survey/Minn. Historical BY: Todd J. Haas AGENDA SECTION NO. staff, Committee, Comm. This is an informational item for the City Council regarding Kelsey-Round Lake Park. Attached is a letter from the Minnesota Historical Society. The City is required to complete a survey prior to final grant approval. City staff has contacted 3 consultants to review the scope of work and to submit a proposal to the City with a cost analysis. This proposal will be presented to the City Council on April 21, 1992. " The cost of the survey will not be eligible as part of the grant that is received by the state. '---./ COUNCIL ACTION MOTION BY TO SECOND BY '-, ",c.. 7Yf~yo.. ovlfel MINNESOTA HISTORICAL SOCIET'r \ '--~ FOUNDED IN 1849 Fort Snelling History Center, St, Paul, MN 55111 . (612) 726-117 20 March 1992 . ... ...~.r .... R' E C" t, A \~' ~ D ' I " po ,. ..' l.a ' rvi/\R ~"'5' 1992 , ! " ,- Mr. Todd Hass Assistant City Engineer 1685 Crosstown Boulevard Northwest Andover, MN 55304 CITY OF ANDOVER RE: Development of Kelsey-Round Lake Park, Andover, Anoka County MHS Referral File Number: 92-1439 Dear Mr. Hass: Thank you for the opportunity to review and comment on the above project. It has been reviewed pursuant to the responsibilities given the Minnesota His- torical Society by the Minnesota Historic Sites Act and the Minnesota Field Archaeology Act. ~ As you are aware, there are two reported cultural resource sites in the park area; a burial mound area and the Kelsey Brick Works site. In addition, there may be a good probability that unreported properties may be present. There- fore, we recommend that Phase I study of the entire park area be completed. This study should include a review of previous survey work and should include additional field survey of any areas deemed to have good potential for sites which have not be adequately surveyed previously. The study must meet the requirements of the Secretary of the Interior's Standards for Identification and Evaluation. For your information, we have enclosed a list of consultants who have expressed an interest in undertaking such surveys. In addition, consultation should be continued with the Office of the State Ar- chaeologist and the Indian Affairs Council to enqure full compli~nce with t~A Minnesota Field Archaeology Act and the Minnesota Private Cemeteries Act. Please note that this comment letter does not address the requirements of Sec- tion 106 of the National Historic Preservation Act of 1966 and 36CFR800, pro- cedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, it should be submitted to our office with reference to the assisting federal agency. _ I-y /., iJ~...",JI~o' " '- /' ~ ~ r, '- ) 2 " If you have any questions on our review of this project, please contact me. Sincerely, ~~ Dennis A. Gimmestad Government Programs and Compliance Officer cc: Christy Caine, State Archaeologist Roger Head, Indian Affairs Council Linda Wick, Department of Trade and Economic Development enc: List of Consultants .,.';~.(t""'~'-'''''',"_'_ ,.~! '-"1>. , .~ {) 0\ .I ~1i'~_1ii!i" '<;~~~~~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 7, 1992 Planning ~ APPROVED FOR AGENDA AGENDA SECTION NO. Di scussion ORIGINATING DEPARTMENT ITEM NO. /~. ltequests tor Minor Amend. to the Compo Plan David L. Carlberg BY: City Planner BY: REQUEST The City Council is requested by Gary Gorham and Winslow Holasek, and Chuck Cook, Continental Development Corporation to direct Staff to prepare Minor Amendments to the Comprehensive Plan to include property into the Metropolitan Urban Service Area (MUSA) . '- Gary Gorham and Winslow Holasek are requesting 31.35 acres known as Winslow Hills Second Addition to be added to the MUSA. Chuck Cook, Continental Development Corporation is requesting 26 acres known as Pinewood Estates Phase I to be added to the MUSA. The letters requesting the minor amendments are attached for Council review. The requests would be submitted as two separate requests to Metropolitan Council. Staff has determined that these requests could be submitted to Metro Council in two or three weeks. This includes report preparation and photocopying time by City Staff. TKDA will also be involved in calculating sewer flow projections for the area requested. The developer shall be responsible for paying all costs incurred by the City during the minor amendment process. The cost is estimated to be between $500 and $1,000. COUNCIL ACTION MOTION BY '--- TO SECOND BY ~-J \ 'J ,) CONTINENTAL DEVELOPMENT CORPORATION 12093 ILEX STREET COON RAPIDS. MN 55448 " March 26. 1992 City of Andover Attn: Mr. Dave CarlberR 1685 Crosstown Boulevard Andover. MN 55304 HE: Pinewood Estates 1st Addition Dear Dave. I am requesting that the City of Andover ask the Metropolitan Council for a minor amendment to the comprehensive plan for extension of sanitary sewer to the 1st Addition of Pinewood Estates. This property is included in your Comprehensive Plan Amendment presently before the Metropolitan Council. Phase I of Pinewood Estates consists of approximately 26 acres. As you know, I hope to start site work mid-summer, so time is of the essence. I understand there will be staff time spent on this request and I understand I will be responsible for reimbursing the City of this expense. Sincerely, ~j.~ Charles S. Cook. President Continental Development Corporation Gorham Builders, Inc. @ E~l,\l fllH ~I\r; IlPPOltTI\ITI" M\ 1l.1l1,~."'\ ~..~ (I III" ID#OOO1117 3538 MISSISSIPPI DRIVE, COON RAPIDS, MN 55433 · PHONE (612) 421-0998 , ,--.J March 20, 1992 Mr. Dave Carlberg City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 RE: WINSLOW HILLS 2ND ADDITION Dear Dave, We are requesting that the City of Andover ask the Metropolitan Counci 1 for a minor amendment to the Comprehensive Plan for extension of sanitary sewer to the 2nd Addition of Winslow Hills. We already have Lot Hold Agreements with 14 home buyers waiting for plat approval. Some storm sewer was installed in this 2nd phase when the 1st addition was built. - \ We understand there will be additional time spent by the City staff 'J to ask for this minor amendment, and we realize we would be responsible for reimbursement to the City for this. Thank you for your prompt consideration. Sincerely, ,~)tJ ~~ Gary M. Gorham W ~ d, r#d1vadu Winslow I. Holasek - \ -J Our reputation is your best guarantee ., 'J "'.:.>~'~"'""'"~"'''.'''\'''''. "~ ''.';iIi, ~f '''ffl. ,~ ~ it yN ;~:. - '^", " "',~~~",. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE ApT; 1 7 lQQ? Fire Dept. ~~~~ BY) / FOR AGENDA SECtiON . . NO. Staff, Comm. Commlsslon ORIGINATING DEPARTMENT ITEM NO. /3. Adopt Burning Permit Fee/Ord. 69 Amend. BY: V. Yolk ~J The Fire Department has asked that the fee for burning permits be raised from $3.00 to $10.00. The City of Ham Lake charges $10.00 for permits and the City of Dayton charges $25.00. Our fee has been $3.00 for at least 10 years. Attached are an amendment to Ordinance 69 which notes that a fee is required and a resolution adopting the fee. V:Attach. '--' , MOTION BY \. ..-/ TO COUNCIL ACTION SECOND BY ., ,-----) ,J ) '-. ...... CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 69A AN ORDINANCE AMENDING ORDINANCE NO. 69, KNOWN AS THE OPEN BURNING ORDINANCE. The City Council of the City of Andover hereby ordains: Ordinance No. 69 is amended as follows: Section 3. Exemptions B. 3. The burning of trees and brush. The fee for such permit shall be as set by City Council resolution. Adopted by the City Council this day of 19 CITY OF ANDOVER Attest: Kenneth D. Orttel - Mayor Victoria Volk - City Clerk .J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R A RESOLUTION SETTING A FEE FOR BURNING PERMITS ISSUED BY THE ANDOVER FIRE MARSHAL'S OFFICE. The City Council of the City of Andover hereby establishes the following fee: Burning Permit $10.00 Adopted by the City Council of the City of Andover this day of , 19 CITY OF ANDOVER ,) Attest: Kenneth D. Orttel - Mayor Victoria Vo1k - City Clerk ~~ ~~-"'~" 1~9' , { U '. o ~)\".._"; CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ITEM NO../ Award Bids/SCBA Equip. /~. BY: Fire Dept. ~, DATE AGENDA SECTION ORIGINATING DEPARTMENT NQ Staff, Committee, Comm The City Council is requested to award the bids for used SCBA equipment to the high bidders shown on the attached. Also attached is a copy of all bids received. V:Attach. , " G COUNCIL ACTION " MOTION BY TO SECOND BY '-..../ o Ham Lake Fire Department: (2) MSA ultralite II Breathing Apparatus @ (1) MSA Static & Flow Test Unit @ Misc. Spare Parts @ $400 Ea 600 = 300 Total $ 800.00 600.00 300.00 $1700.00 Alex Air: ( 2 ) MSA Custom 4500 Breathing Apparatus @ 400 Ea = $ 800.00 ( 6 ) Luxfer 'hoop-wrapped' bottles @ 75 ea = 450.00 ( 2 ) MSA Composite air bottles @ 200 ea = 400.00 ( 3 ) MSA Composite Air Bottles @ 100 ea = 300.00 Total = $1950.00 City of Foley: ( 2 ) MSA Model 401 Ultralite Breathing Apparatus @ 451 ea .. $ 902.00 ( 2 ) MSA Model 401 UI trali te Breathing Apparatus @ 377 ea = 754.00 "- (2 ) MSA Model 401 UI trali te Breathing ,-.J Apparatus @ 301 Ea = 602.00 ( 2 ) MSA Composite Air Bottles (1/2 hr) @ 150 ea 300.00 ( 4 ) Luxfer 'hoop-wrapped' bottles @ 118 ea = 472.00 Total $3030.00 Rush City: (6) MSA Model 401 Ultralite Breathing Apparatus (1) MSA Facepiece w/hose & nosecup @ 300 ea .. @ 75 ea = Total $1800.00 75.00 $1875.00 Grand Total: $8555.00 ,~ Bidders/SCBA Equipment (2 ) MSA ultralite II Breathing Apparatus w/facepiece & Air Bottle , ) ''-..-/ Ham Lake F.D. Alex Air Western Fire - (2) @ $400 ea. - (2) @ $250 ea. - (2) @ $50 ea (12) MSA Model 401 ultralite Breathing Apparatus w/facepiece & Bottle City of Foley - ( 2) @ $451 ea. City of Foley - (2) @ $377 ea. Rush City - (10 ) @ $300 ea. City of Foley - ( 2) @ $301 ea. Alex Air - (12) @ $150 ea. Western Fire - (12 ) @ $25 ea. (2 ) MSA Custom 4500 (1 hour) Breathing Appareatus w/facepiece/bottle Alex Air Western Fire - (2) @ $400 ea. - (2) @ $75 ea. (5 ) MSA Composite Air Bottles (1/2 hour) 2216 psi ~~ City of Foley Western Fire Alex Air Ham Lake F.D. (2) @ $150 ea. (5) @ $ 10 ea. (5) @ $100 ea. (5) @ $ 50 ea. (10) Luxfer "hoop-wrapped" (1/2 Hour) 2216 psi bottles City of Foley Alex Air (4) @ $118 ea. (10) @ $ 75 ea. (2 ) MSA Composite air bottles (1 hour) 4500 psi Alex Air Western Fire (2) @ $200 ea. (2) @ $ 25 ea. (1 ) MSA Facepiece (complete with hose and nosecup) Rush City F.D. - (1) Ham Lake F.D. (1) Alex Air (1) @ $ 75 ea. @ $ 50 ea. @ $ 25 ea. (1 ) MSA Static and flow test unit w/calibration gauge & tools Ham Lake F.D. Alex Air Western Fire ~) Misc. Spare Parts Ham Lake F.D. Princeton F.D. - Alex Air Western Fire (1) @ $600 ea. (1) @ $250 ea. (1) @ $ 20 ea. $300.00 $100.00 $100.00 $ 20.00 ".l~.:'1ff."'''~'''''''''-''...'' ~ " ~"'..../ ~ . ';\\ " " "~t~.~.". .~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 7 AGENDA SECTION ORIGINATING DEPARTMENT NO. Staff, Commission, Com ITEM NO. Award Quote/Fire Dept- /.s: Fire Dept. BY: The Fire Department was approved funds by council in the amount of $3,500 in December for the construction of a wall separating Fire Department Station 3 from Public Works. This quote came from one of our firefighters. He is unable to comply with state licensing ordinance set by the city. We found it necessary to seek additional quotes from outside contractors. The quotes are as follows: W. T. Contracting $4,327.00 L.G. Hanks Construction 4,250.00 Joe Herzog 4,220.00 '--" All above contractors have state license as required by city ordinance. We ask the Council to accept the low bid of $4,220 by Joe Herzog. . " MOTION BY TO COUNCIL ACTION SECOND BY '--J t:~';jf$'="'C" . ~1 ~ t~ .f . '<\, ' "-""" ~),.!'" ".- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT staff Finance Howard D. Koolick~ BY: Finance Di rector ITEM NO. Approve Purchase of I'. Ricoh Copier REQUEST The Andover city Council is requested to provide direction regarding exercising the option to purchase the Ricoh FT5000 copier. BACKGROUND The City currently leases the copier in the rear of the City Council chamber. The lease, which expires on June 1, 1992, contains a bargain purchase option which allows the City to purchase the copier at the end of the lease for 10% of the original cost. The cost to the City of purchasing the copier would be ~ $552.25. This amount was included in the 1992 budget. This copier was originally purchased in 1988 for use by the building, planning and engineering departments. It has been brought to my attention that there may be a federal law that requires two sided photocopying. If so, since the FT5000 does not do double sided copying easily, it may not be a good idea to purchase the copier. However, I am not sure if such a law truly exists. COUNCIL ACTION MOTION BY TO SECOND BY '.-/ ~ \, ,J ,J CITY COUNCIL OPTIONS 1. Approve exercising the option to purchase the copier and request the Finance Director inform Brooklyn Center Leasing that we will be purchasing the copier and have a check prepared for City Council approval. 2. Choose to not exercise the option and request the Finance Director inform Brooklyn Center Leasing of this decision. 3. Other options as determined by City Council. ANALYSIS OF OPTIONS Opti on U Purchase copier Advantages - City will continue to have two copiers. A copier will be located in close proximity to all departments. Only costs in future will be maintenance contracts and supplies. Disadvantages - City will continue to incur maintenance costs. Option #2 Return Copier Advantages - City will only have to pay maintenance costs on one copier. Disadvantages - City will only have one copier. Should it break, the City will be left without a copier until it can be repaired. This will delay the preparation of most information including City Council packets, minutes etc. Building and planning will need to walk across the building to make copies. When large jobs are being run (such as minutes and Council packets), there will not be a copier available if copies are needed for the public. &<~51ff."""""'C"", !,' f{ I Ii, "",. ~, .~\ . ,"~ ) ',,', ." '---"" --~,I-'>:"--r. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE April 7. 1992 ORIGINATING DEPARTMENT staff Finance ITEM NO. Approve Fund Transfers / . & Closing of Funds Howard D. Koolick~ BY: Finance Di rector REQUEST The Andover City Council is requested to approve closing, as of December 31, 1991, the following funds: 1986B Construction Fund 1988B MSA Construction Fund 1989 MSA Construction Fund by making the following residual equity fund transfers: From To Amount 1986B Construction 1986B Debt Service $195,692. 72 Fund Fund 1988B MSA Construct. State Aid Projects $17,518.84 '--, Fund Fund State Aid Projects 1989 MSA Construct. $177.60 Fund Fund BACKGROUND All accounting funds have the following life cycle: Creation --) Revenue ---) of Fund Generation .. I Incurring of Expenditures I I ---) Closing of Fund All accounting funds are created either to accumulate a specific revenue or to account for specific expenditures. A fund should be closed when either the revenue is fully collected or all anticipated expenditures are incurred. COUNCIL ACTION MOTION BY TO SECOND BY '--./ " '-) The three funds under discussion are all construction funds that were created to account for expenditures related to specific construction projects and the sources of funding for those projects. Since all projects have been completed, the funds should be closed. The following is a brief discussion of each proposed transfer: 1. Transfer from the 1986B Construction Fund to the 1986B Debt Service Fund in the amount of $195,692.72 This proposed transfer closes the construction fund by transferring unspent bond proceeds and interest earnings to the debt service fund. 2. Transfer from the 1988B MSA Construction Fund to the State Aid projects Fund in the amount of $17,518.84 This proposed transfer closes the 1988 MSA Bond Construction Fund by transferring remaining interest earnings to the City's State Aid Project Fund. 3. Transfer from the State Aid Project Fund to the 1989 MSA Construction Fund in the amount of $177.60. This proposed transfer closes the 1989 MSA Construction fund by transferring into the fund money to cover non- reimburseable expenditures from MSA projects. ~-) CITY COUNCIL OPTIONS 1. Approve closing the funds as of December 31, 1991 by approving the following motions: To close the 1986B Construction Fund, the 1988B MSA Construction Fund and the 1989 MSA Construction Fund. To approve the residual equity transfers as follows: From To Amount 1986B Construction 1986B Debt Service $195,692.72 Fund Fund 1988B MSA Construct. State Aid Projects $17,518.84 Fund Fund State Aid Projects 1989 MSA Construct. $177.60 Fund Fund 2. Approve closing the funds by making residual equity transfers to other funds as deemed appropriate by City Council. 3. Do not approve closing the funds, stating the reason for having the fund remain open and at what point it can be closed. " FINANCE DIRECTOR RECOMMENDATION ',.J The Finance Director recommends option #1. _,~~;C:7.k'--._._,_ l~'" ' I ' ,1 () \~;\.,.,-,j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 7, 1992 DATE ITEM Approve Plans & Specs/ ~o~ 91-27/Meadows of Round I Z T,,,\',,, BY: Todd J. Haas ~rlbOR BY! I AGENDA SECTION NQ Non-Discussion Item ORIGINATING DEPARTMENT Engineering ~ The City Council is requested to approve the resolution approving final plans and specifications and ordering advertisement for bids for Project No. 91-27, The Meadows of Round Lake for sanitary sewer, watermain, streets and storm drainage construction. '--J The City staff is recommending as part of the final plans and specifications that Eldorado Street NW from 1,600 feet north of Bunker Lake Boulevard to Guarani Street NW be allowed to be constructed as a 38 foot street section with parking on both sides. Due to the MSA Designation, variances will be required for lots that front onto Eldorado Street NW as Ordinance 10, Section 9.02 (c) does not allow preliminary plats to front on collector roads. The extra width is MSA eligible. Those lots that front Eldorado Street NW will allow flexibility for parking. " COUNCIL ACTION MOTION BY ~ TO SECOND BY .~ ~ ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. " MOTION by' Councilman to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 91-2, THE MEADOWS OF ROUND LAKE FOR SANITARY SEWER, WATERMAIN, STREETS AND STORM DRAINAGE CONSTRUCTION. WHEREAS, pursuant to Resolution No. 197-91, adopted by the City Council on the 17th day of December , 19 91 , TKDA has prepared final plans and specifications for Project 91-27 for sanitary sewer, watermain, streets and storm drainage construction; and WHEREAS, such final plans and specifications the City Council for their review on the 7th April ,19 92 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications . were presented to day of BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM Tuesday, May 12 , 19~ at the Andover City Hall. MOTION seconded by Councilman by the City Council at a and adopted day of meeting this , 19 , with Councilmen voting in favor of the resolution and Councilmen voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor Victoria Volk - City Clerk /~;'~.,.",.''''''.;.,. . 1/ ff ,j ~ \~1;,.:-- . ~...- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 7, 1992 AGENDA SECTION NO. ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion items Engineering ~; .~~ BY: ITEM 'A NOjQ_ A:ce~:~ ~~~S~bilit~ "r '--' BY: . . The City Council is requested to table the feasibility report, Project 92-4, Winslow Hills 2nd Addition, until the next meeting. .,..-.- COUNCIL ACTION MOTION BY / " '--.J TO SECOND BY Winslow Hills Properties ~) Gary M. Gorham: 421-0998 Winslow Holasek: 434-5812 " April 2, 1992 City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Re: Winslow Hills 2nd Addition Dear Dave: Please table the preliminary plat, rezoning request, and feasibility report from the April 7, 1992 council meeting. Please have it on the agenda for the fOllowing council meeting. We will be proceeding with the plat expediously and wish to have the minor amendment request to the comprehensive plan reviewed at the April 7th council meeting. Sincerely, ~J ~ ).IJ ~~ U ~~,) d, f(l'0-,.z/'/ " ) (~.:;:J"JC"'"""""".. \~ I \, . '--/ ~.~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 7, DATE AGENDA SECTION NO, Non-Discussion Item ORIGINATING DEPARTMENT Engineering~ ITEM Approve stop Sign/ ~~' Quinn & 138th Avenue oct). BY: Todd J. Haas The City Council is requested to approve the installation of a stop sign for westbound traffic at the intersection of 138th Avenue NW and Quinn Street NW. Staff has received a couple of phone calls from property owners living near the intersection. Apparently vehicles have been approaching the intersection and turning into north and southbound lanes of Quinn Street without stopping. This stop sign is warranted by the 1991 Minnesota Manual on Uniform Traffic Control Devices as this meets the following condition "street entering a through highway or street". The through street is Quinn Street NW. '-/ staff recommends approval of the stop sign installation. " MOTION BY TO COUNCIL ACTION SECOND BY ...../ j': '''':,~\,i;) I w,r.j-;'~,l:;J I : : ., ::" ~. Iq '~'=- :: ;''';'':IR~'~H~~', n I ~ ,,' , . t, ,. '/,.( // : I . ):J - ",:/ _ I I 1 .' : ~~tt.~, '.!::,:,".1'~4K'~ / I ['f' ~ ;:~~:"..,,"~~,\.. F'X,! LUN : ! ' .!1:J' .~ E;: " r I : . 1:' : 'f~ "".".zNCT:;'!<i '0 " . I l >- ; ! .~",..:,..,;,... ., "y;;, 'Y..... I,. . -;!'gR& ~"{:N ---;. '\'/"'1'1""""'" ,___ J i ~S;A CS-, l 8. ~ ~R;'AE~~ I I ~. . if . ~ I ~"~~r1!(~";'F - c- ~ ---. I -'J · ""iii Ii i 1-_ ~..... ~I '~'t!1~ / ';';-rrih- : I~d : I=l ~;;~, ' F- " -r.l1"D~; '" , ox-; , ~, U E>~:~: ''':.' 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"y ! i _J j L I " : ) I:~<,'o%!<l''''''''~''. ff ~\ o ;'\~"..". . . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 7, 1992 DATE AGENDA SECTION NQ Non-Discussion Item ORIGINATING DEPARTMENT Engineering ~ ITEM Accept Revised Park NO, Dedication & Access Lake Park BY: Todd J. Haas The City Council is requested to review and approve the revised Park Dedication description and Access Agreement as presented by Wayne Bachman of New Generation Homes. r " The park dedication description approved by the City Council on January 21, 1992 was incorrect. This access agreement from County Road 20 to the proposed parking lot presented in January is acceptable. In addition to approving the revised park dedication description, Mr. Bachman is requesting the City Council to acknowledge that New Generation Homes may choose to redesign the grading plan of Xenia Street NW and 155th Avenue NW and lower this intersection by up to 3 feet, so long as the street construction criteria is met. ~ Note: Prior to the approval of the final phase (originally Andover West), all park dedication requirements must meet the 10%. The over all (complete) park dedication will be calculated based on Andover West, Indian Meadows 1st, 2nd and 3rd Additions, Kelsey Estates and other new developments that will occur within the original Andover West preliminary plat. COUNCIL ACTION MOTION BY TO SECOND BY '-- FROM C~REW PROPERTIES P. 1 Mr. Todd Hass City of Andover 1685 Crosstown Blvd. Andover, MN 55304 March 23, 1992 REISLlN6 PARIi NORTH NW c, '5' ,. <21"(.)"3 1- Re: Park Dedication and Access Easement Dear Mr. Hass: ,~ Enclosed are the Deed for Park Purposes and Temporary Easement as you requested. I would ask that the City acknowledge our agreement that the dedication of 10.2 acres of park land will be credited toward the required future park land dedication requirements of New Generation ?roperties, Inc. or any successor or assign, upon platting of any of the remaining unplatted areas within the original Andover West preliminary plat. The balance of approximately 3.9 aCres represents park land dedicated to fulfill the requirements of the Indian Meadows Third Plat. By the temporary nature of the easement agreement, the City is ' also agreeing that the access to be provided between County 20 and the park area can be shifted to accommodate changes in the location of futur~ road right of ways from that shown on the preliminary plat. As we have discussed, the City also agrees that we may choose to redesign the grading plan for Xenia Street and 155th Avenue and lower this intersection by up to 3 feet, So long as other street construction criteria are met. Please have the copy of this letter executed and returned to me as acknowledgement of our understanding. Sincerely, NEW GENERATION PROPERTIES, INC. 0.!~qJ!- vice President Accepted and Agreed to: City of Andover By: , ) Its: Date WAB/js Ene. I,' ~J o (~) 1D1~)~ ~ " ADDENDtlM A PARCEL (1) That portion of the East 328.52 feet of the'Northwest Quarter of the Northwest Quarter of Section 20, Township 32, Range 24 lying South of a line 1,034.03 feet South of the North line of said Section 20, Township 32, Range 24. PARCEL (2) That part of the Northwest Quarter of the Southwest Quarter of said Section 20, Township 32, Range 24 lying Easterly of the following described line: Commencing at the Southwest corner of said Northwest Quarter'of the Southwest Quarter; thence North 89 degrees, 49 minutes, 24 seconds East, along the South line of said Northwest Quarter of the Southwest Quarter, a distance of 310.00 feet to the point of beginning, thence North 0 degrees, 07 minutes, 28 seconds East a distance of 875.00 feet; thence North 89 degrees, 51 minutes, 50 seconds East a distance of 395.00 feet; then North 0 degrees, 07 minutes, 28 seconds East a distance of 447.02 feet, more or less to said North line of the Northwest Quarter of the Southwest Quarter and there terminating; and excepting therefrom the following described parcel: The East 475.72 feet of the Northwest Quarter of said Southwest Quarter of Section 20, Township 32, Range 24. FOR PUBLIC PARK PURPOSES ***END*** ,~~'F7:"":.,::,~ /~.._. " l U tl '., .... ~ _',-J .. <J'l' 0" . ..~. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 7, 1992 DATE ORIGINATING DEPARTMENT Engineering ITEM Order Improvement NO, (Trunk Water & San. BY: Jim Schrantz AGENDA SECTION NO, Non-Discussion Item " The City Council is requested to receive the feasibility report and order the plans and specs for the trunk sanitary sewer for Pinewood Estates, Project 92-8. We are asking the Council to order the trunk sanitary sewer project that will serve the Pinewood Estates plat and land north of the plat. We are asking that the first part of the trunk be built for the following reasons: The WDE/Group 28 will be doing pump tests for the pumping wells along the north side of the landfill in April and possibly into May of 1992. They plan to start the next phase of pumping in September of 1992. After they start this phase in September we will not be able to dewater because it could interfere with their tests. We will be verifying this on April 6, 1992 at a meeting with the EPA and MPCA. '---" We plan to construct the sanitary sewer from the trunk just north of Coon Creek up to Andover Boulevard then along Andover Boulevard to the plat. Attached: Resolution receiving feasibility report Resolution ordering the improvement and ordering plans and specs COUNCIL ACTION MOTION BY I TO SECOND BY '-~ , o .) :~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: FEASIBILITY REPORT AND CALLING PUBLIC HEARING TRUNK SANITARY SEWER IN THE PINEWOOD ESTATES - ANDOVER AREA. A RESOLUTION RECEIVING ON IMPROVEMENTS OF PROJECT NO. 92-8 BOULEVARD WHEREAS, a Feasibility Report has been prepared by for the improvements; and TKDA WHEREAS, such report was received by the City Council on the 7th day of April , 19 92 i and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 92-8, for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 3. A public hearing will not be held as this is a trunk project. MOTION seconded by Councilman and adopted by the City day of Council at a meeting this 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor Victoria Volk - City Clerk o ~ ~:J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: " A RESOLUTION ORDERING THE IMPROVEMENT OF TRUNK SANITARY SEWER PROJECT NO. 92-8 IN THE PINEWOOD ESTATES - ANDOVER BOULEVARD AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. the 7th day of April report; and of the City Council adopted on , 19~, received the feasibility NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 92-8 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate TKDA as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilman the City Council at a and adopted by day of meeting this , 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor Victoria Volk - City Clerk ,,>~r<'/">'~"""''''''''~' r,y ~i., . a ~ ~ ,fl , ,. ~ '0 *"'" ,~ \ Ll '~" ./ ,'~:..!,~--"" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 7. 1992 ITEM NO, tP3. P 1 Variance - Fire Station No. 2 ORIGINATING DEPARTMEN~ Planning David L. Carlberg, City Planner BY: AGENDA SECTION , NO, Non-Dlscusslon Items REQUEST The City Council is requested to accept the withdrawal of the variance request for the sign area requirement for Fire Station No.2. located at 16603 Valley Drive NW. BACKGROUND '- On October 15, 1991, the City Council tabled the variance request and directed staff to prepare an amendment to Ordinance No.8. Section 8.07, Signs, that would permit more flexibility to institutional signs in residential districts. The City Council on November 5, 1991 approved an amendment to Section 8.07 permitting institutional signs up to thirty-two (32 s.f.) square feet in residential districts and requiring a special use permit (SUP) for institutional signs in excess of thirty-two (32 s.f.) square feet. By amending Section 8.07, a variance is no longer needed, but, a special use permit will need to be approved since the sign has a total area of 85.17 feet. COUNCIL ACTION /..---.... MOTION BY TO SECOND BY \~ l~ ,.J " , - ",,,,. .~.~ . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 7, 1992 ITEM Accept peti tion/ NQ oodbine street Engineering ~ BY: DATE ORIGINATING DEPARTMENT AGENDA SECTION NO N . . t ' on-D~scuss~on I em BY: Todd J. Haas The city Council is requested to approve the resolution de aring adequacy of petition and ordering preparation of feasibility report for the improvement of watermain, Project No. 92-6 in the area along Woodbine Street NW south of 143rd Avenue NW. Rosella Sonsteby of 4151 - 141st Avenue NW is the owner of 3 vacant lots of the 8 existing lots along Woodbine street NW. The 3 lots are located on the west side of Woodbine street NW. Staff believes the lots are as follows: 14268 Woodbine street NW 14278 Woodbine street NW 14288 Woodbine street NW ~ 6 of the 8 (75%) lots have signed the petition requesting a feasibility report with the understanding the property owners will have an opportunity to change their vote at the time of the public hearing. " MOTION BY TO COUNCIL ACTION SECOND BY " ~ :J '~ '--t """L-1"5 L CITY of ANDOVER, R" C , . MAR 3 1 1992 Date:.,MA-'Ch ~ 0 -1~ No. .- Gentlemen: CITY OF ANDOVER We, the undersigned, area: \Ai 0 0 l b ',y\ e A-vl J D Ve V ( !U (l( owners of real property in the following described Sf_ Sou-f~ o I=- / ~ .s /1-Vf: {V4J do hereby petition that said ortion of said area be improved by} /../ ~onstruction of City c::.. fer +- h Fee; t ib: ,7-1 J(-e..p~-r-ras+o ~'DS e...fc Yn(JC<f/\''-lJ~<(j~/J.c (o(JY 'rn.:>vv--l and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. OF OWNER ADDRESS LEGAL DESCRIPTION YES NO 1730- 17 0 x w~51 11)- JU tJ drA-e f. /IJ tv. /' \N \lO~~\""-(,, S-\" l'.J.W. This petition was circulated by: Address: eft S; ! - / 'A ;4--1I-e.... OS e...-LL ~ s:.O"l 'S.~ 6 ;f;tv. ~ o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. " MOTION by Councilman to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WATERMAIN , PROJECT NO. 92-6 IN THE AREA ALONG WOODBINE STREET NW SOUTH OF 143RD AVENUE NW AREA. WHEREAS, the City Council has received a petition, dated March 30 , 19~, requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman and adopted by the City day of Council at a meeting this 19 ,with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor Victoria volk - City Clerk ">~I<"''''''''"~C~''''''\, ,r,r ''t<., ,.~ ~~. , I'j ,j 0" ~, . 't" "'"~~~-, ,~~ CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE April 7, 1992 ITEM Receive February NQ Financial statements ORIGINATING DEPARTMENT Finance Howard D. KOoliCk~ Finance Director BY: FOR AGENDA SECTION NQ Non-Discussion Items REQUEST The Andover City Council is requested to receive the February 1992 financial statements for the General, Water and Sewer Funds. Please note that these statements include only the expenditures and receipts that relate to 1992. Expenditures made and revenue collected in January and February which relate to 1991 have been charged to 1991 in accordance with accounting policies. The negative amount under Equipment Building is caused by a check to Midwest Gas which was written in November, voided in January. Should there be any questions about an item, please contact me prior to the meeting so that I may have adequate time to research the question. '--' COUNCIL ACTION /- MOTION BY TO SECOND BY '-- '\ ~ CITY (::OF ANDOVER YEAR TO DATE SUMMARIES -----.---- FOR GENERAL, WATER AND SEWER FUNDS As of 29Feb92 Revised Budget Year to Date Percentage Actual Remaining G ENE R A L FUN D REV E N U E S ----------------------- ----------------------- GENERAL PROPERTY TAXES BUSINESS LICENSES AND PERMITS NON-BUSINESS LICENSES & PERMITS Building Related 232.723.00 Other 6.250.00 INTE RGOVE-R""f.[ii.fEX"f"AL R EVE N U E-.---- 6-411;""3"26-;'0'0 CHARGES FOR SERVICES :::treet Lighting Othel' COI.lRT FINES SPECIAL ASSESSMENTS n-grs'Cn-CANEOU'S RV"ENUE Interest Ear'ned Refunds and Reimbursements Dther' TRANSFERS FROM OTHER FUNDS From Admin. Tr'lIst FlInd From TIF 1-1 Fund Fr'om TIF 1-2 Flsnd 1.113.714.00 20.325.00 7.914.41 2.545.00 49.440.75 817.88 78.j~0 56.900.00 --- 2"3; 3 00.00 40.000.00 1.000.00 12.00 589.81 6:'"59 f: , 83 3~39S.G~1 " o 54.600.00 25.000.00 - -- .---. -..---- 3.100.00 (20,00) 502.48 510.35 63.300.00 '--2-4-;O-O"""lJ:"""01r- 6.000.00 99 87 78 86 8 I 98 7 1 ~11 98 100 97 83 100 lUU 100 TOTAL REVENUE 150.710. "10 93 2.314,538.00 ------------ ------------ ------------ ------------ , \ ""./ ---... ---. --....---_. ....... -"--_P_-_'~______""'__A""____._. CITY OF ANDOVER YEAR TO DATE SUMMARIES F-O"R-- GENERAL, WATER AND SEWER FUNDS As of 29Feb92 .~ -,.~ Revised Budget --------------- Year to Date Percentage Actual Remaining -------------- ---------- G ENE R A L FUN D E X PEN D I T U RES --- ------_._~--_. -- -------------------- ----------------------- CITY COUNCIL 34.802.00 2,985.45 91 NEWSLETTER 4,771.00 383.39 91 r--1AYOR ~--_.----- 4, ~ 52'-:00-- - -tr9-5. 60 84 ELECTIONS 13.586.00 50.00 99 ADMINISTRATION 104.359.00 16.047.87 84 r=TtTANCTALAD-M"It~nJRATIV1'19'"3_;~T~1) 10, 41 I. 01) I)j AUDITING 10,000.00 100 ASSESSING 38.289.00 39.047.00 (1) --- A TT 0 F; N E Y 5"""O:8Gb~0 0 6-;b-r Ci-;--/ 0 8-8 PLANNING AND ZONING 52.649.00 7.185.30 86 DATA ~'ROC:,%JNCi 21.248.00 4.580.78 78 ----CTT'rHA[T--E;(rrLO-r~~----------44_;6 6"3--:00'- '--"-'3-;-3'97;4 9-'-~2. ~IRE STATION BUILDING 33.700.00 557.58 98 ~ PUBLIC WORKS BUILDING 22.932.00 2.268.06 90 -, ~~;nJIOR'-ctlTzTr-Jj s -CeNTER ----'8-:-4-5ti~-0(J""'------~96~-t,: 95 EQUIPMENT BUILDING 3,077.00 (220.98) 107 ENGINEERING 68,176.00 8,549.17 87 PDTI'::EfYR"DTE CTTON -----4fT-;7"3 T;'1) (J-- 14 -:-Ii ~ ~ FIRE PROTECTION 263,750.00 19,048.31 92 RESCUE SERVICE 35.972,00 738.31 97 --- ~'RvTECTTvrl N~; ~'r:::ITO~------------'-126-:T9L-00 ---19-;'~;"213-:trT --84 CIVIL DEFENSE 2.300.00 125.00 94 ANIMAL CONTROL 10,235,00 2.255,00 77 ::: I I< t:. t:. I" AND 'HIGHWAy 5 .....---, ,-" ---- -1 82-, 588 . 0 0 -'----lL~-1 77-;4 0 9"3 SNOW AND ICE REMOVAL 121,918.00 15,013.18 87 STORM SEWERS 23,257.00 3,765.10 83 :::IREC:I LIGH1ING ~4oCT:lJu"-- 1""";""20i.b4 ~1 STREET SIGNS 31,637.00 937.86 97 TRAFFIC SIGNALS 10.680.00 270.22 97 ::: J kl:l: J L~;-rITt:.U '------..--li7-;"264~OO------~_;1iIU. UU 91 PARK AND RECREATION 229,428.00 18.018.82 92 TREES AND WEED CONTROL 9,668.00 374.17 96 -----RECvcrrNt:iT6;8TCOO'-----2. 41?f. t>2 9"3 ECONOMIC DEVELOPMENT 17,994.00 2,591.30 85 UNAL.LOCATED 81,022.00 107,547.00 (32) - -"'""I1'lPkUVl:MBIT-l'ROJFCn----- --- OTHER FINANCING USES 52,723.00 2,248.50 95 TOTAL EXPENDITURES 2,314,538.00 319,157.77 86 ------------ ------------ ------------ ------------ 1- CITY OF ANDOVER Y[AR TO DATE SUMMARIES -FVR---~ GENERAL, WATER AND SEWER FUNDS As of 29Feb92 <) Revised Budget YE'ar to Dc-Ite Actual Po":' rce nt a 9"" Remaining W ATE R FUN D REV E N U E S ------------------- ------------------- WATER SALES METER SALES F'ERMIT FEES MISCELLANEOUS REVENUES 19 1 . 1,8~~ 0_____' . 044 . 46 20.000.00 7.490.00 10.000.00 2.900.00 12,000.00 116.00 TOTAL REVENUE 233.186.00 11.550.46 ._---*------ -- ----- I' I 99 62 7 1 99 ---.------.--- -_._--------- ------------ ------------ 95 "----WA..r-Er-FU-l'jC~--'--------.---' E X PEN S E S , " o ------------------- ------------------- 542,62 11.096.20 0:1:)"16-;8'4 16.595.00 101.318.00 -5::,-;- 2 BU. -OT) SOURCE. STORAGE AND TREATMENT DISTRIE.UTION ACfr;jTN I STRAi1T:JfJ 99 89 88 _________.__n _________n__ ------------ ------------ ----TOl'AL-WA1'E~: FUND EXF'EtTSE~:'----?3 3-. 1s6-. 00--17-;-'g'~G6-" ~)~' :J CITY OF ANDOVER YEAR TO DATE SUMMARIES FOR GENERAL, WATER AND SEWER FUNDS As of 29Feb92 . J Revised Budget Yec,r to Date Actual Per'centage Remaining SEW E R FUN D REV E N U E S ------------------- ------------------- SEWER CHARGES INTEREST REFUNDS AND REIMBURSEMENTS TRANSFER FROM SEWER CONN. FUND 396.300.00 2 . 0 O""();" (fO 2.435.34 99 100 4.265.00 TOTAL SEWER REVENUE 398.300.00 6.700.34 98 --..--------- ------------ ------------- ------------ ::> I: W l:: t<: E X PEN I- Lil'ru--n -..- S E S -------------------- -------------------- '. J COLLECTION Metr'opoTn:ah-va5'l::e-COm;-bl Other Expenses ADMINISTRATION 21.~r ,"""24T;"OO-----o-Z-;1JOT;'U u 67,480.00 1,308.18 82.578.00 5,423.46 14 98 93 - ------------ TOTAL SEWER EXPENSES 398,300.00 68,792.64 82 --------- ---- ------------ ------------ ------------ ------------ ~) 1.~;'J~~-'S5"""C"":"" rl \~ o ";\'" ' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Avril 7. 1992 AGENDA SECTION NO, Non-Discussion Items ORIGINATING DEPARTMENT ITEM NO, Admin. ~b. I '-...... BY: The City Council is requested to approve an assessment abatement for the property known as PIN 33 32 24 24 0012. The assessments on this were actually paid off in August 1990. However, due to a clerical error when Property Identification Numbers were added to the assessment roll they were shown as paid on a different parcel. The owner of the property that should have the assessment is being notified of the error and that we will be certifying this assessment to his taxes. He was also the owner of the property that was paid off. Council needs to include in their motion that we need to refund $146.15 to Richard Anderson, the owner of the property that has the assessment being abated. This is for the 1991 assessment that he paid with his taxes. COUNCIL ACTION / MOTION BY TO SECOND BY \...... Form No, 1273 - Commissioner of Revenue Abatement Form 4 (Rev, 5/90) Poucher, Mpls, APPLICATION FOR ABATEMENT - GENERAL FORM 1M,S. 375.192) :,J .. 'l. 2 ii :J <( ,., E B c;j uz For Taxes Levied in 19_ " '0 ,., E :J o U and Payable in 19-92- Please print or type, City of Andover Applicant's Name _ Applicant's Social Security Number Telephone (wor1<) ~12) 755 510n Telephone (home) ( Applicant's Mailing Address 1685 Crosstown Boulevard NW Andover, MN 55304 DESCRIPTION OF PROPERTY I Property 1.0, or Parcel Number: Street Address (if different than above) 33 32 24 24 0012 l3725 Eidelueiss Street N.W. City or Township School District No, Andover 11 LEGAL DESCRIPTION OF PROPERTY: ASSESSOR'S ESTIMATED MARKET VALUE: Land $ Structures $ Total $ ,Class o APPUCANT'S STATEMENT OF FACTS: The special assessments on the above PIN were paid in full in August 1990. They were incorrectly shown as being paid on a different parcel. APPUCANT'S REQUEST Please abate the all future years. property) assessments for the year 1992 under FUND 0869 and for (The assessment is being re-certified to the proper :) NOTE: Applicant's Signature Date Minnesota Statutes 1988, Section 609.41, "Whoever, in making any statement, oral or written, which is required or authorized by law to be made as a basis of imposing, reducing, or abating any tax or assessment, intentionally makes any statement as to any material matter which the maker of this statement knows is false may be sentenced, unless otherwise provided by law, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both," ~, ,,<~"-ff~=''''''~':' '. . ' : ~t o ~\"'" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO, Non-Discussion Items DATE April 7, 1992 ORIGINATING DEPARTMENT ITEM NO, Certify Assessment BY: \ t. v Admin. The City Council is requested to adopt the attached assessment for certification. This is the property that should have the assessment being abated in the previous item. ......... " MOTION BY TO COUNCIL ACTION SECOND BY '~I ,; I ! I'i ! ""I ',I," I I , i I , , I I I I , , " I I -1l-ilJ ~-l L'J r) ~ ., . 0 t.! I cT cT ..... ~"" !!J TO j uJ!lf (" , ~"1 f) .=. I-' rl) 1 III ... tol' " I In u C' D I ""!II C. If! ~I ) ~ " '- I III m: -I co ~I co ! rn 01 I I a. 8 I .. , -I I , ! ... I I ...U1<!1 [J"l....~"'O I I lJJ r~~r' I I l " I o -..Ii ~...o... (n11l1 r:-~lli 111 I I <!I- ....... l.... CD t.... I ~ UI 0 I I i I " ) -,' I I I j I I I - u,..t>JO V'I1l<!l1.a . . lil ...-..1...... l" m (oJ l " ~p.).... P'?,;-lJi ... t~ 111 t~ ["~' ~..... Ii) 1--0- I1llJJl1llO b~~r " , . ,_/ I I I I - iJ:'-..... (LJ....... ITlOl1llil r. . lJJ rvtv ONI (noro I ! I I I I I I i CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 'J RES. NO. MOTION BY COUNCILMAN TO ADOPT THE FOLLOWING: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMRPOVEMENT OF SANITARY SEWER FOR IMPROVEMENT PROJECT 76-1 FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and passed upon all objections to the proposed reassessment for the improvement of Sanitary Sewer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed reassessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the land named therein, is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 6 years and shall bear interest at the rate of 6% per annum from the date of the adoption of this assessment resolution. . , , ~ MOTION seconded by Councilman the City Council at a regular and adopted by meeting this 7th day of April , 1992, with Councilmen voting in favor of the resolution, voting against, where- and Councilmen upon said resolution was declared passed. CITY OF ANDOVER Attest: Kenneth D. Orttel - Mayor Victoria Volk - City Clerk , i ~/ 1. Use of Fire Department Vehicles for Chiefs and Duty Officers The reason for the chiefs and duty officers to have a vehicle at their home is so that the Fire Dept. can get an officer on the scene as soon as possible. By doing this, he/she can evaluate the situation before other vehicles have arrived and in some cases slow units down, order mutual aid or even cancel the call. By doing this, it is safer for fire personnel and the public. With this in mind, when our personnel are on weekend duty I recommend that wherever they go they use the Fire Dept. vehicle so they can respond immediately from anywhere. Personnel who live out of the city who are on weekend duty shall not go more than 5 minutes further away from the city than their home. Personnel who live more than 5 minutes out of the city limits shall not be on weekend duty or duty officer unless they make arrangements to stay in the city while on duty. If no city personnel are in the vehicle when a call comes in: A. Non-fire personnel shall be left off and picked up later. B. Can ride to scene but vehicles will not respond Code 3 and non-fire personnel shall not leave vehicle. Fire vehicles shall not be more than 5 minutes out of the city limits unless for official fire department business. Any special situation must be approved by the chief. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: COPIES TO: FROM: DATE: Dale Mashuga James E. Schrantz and City Council Howard D. Koolick April 6, 1992 REFERENCE: Expenditure for Hose Washer At the March 17th City Council meeting, the City Council gave approval to spend $6,381 for wiring and plumbing needed for the installation of the hose washer systems subject to legal review and bond funds being available. Attached you will find a letter from City Attorney, William Hawkins giving his opinion that the installation of hose washers in the new stations is a proper use of bond proceeds. Whether bond funds are available is a more difficult question since the Finance Department is only aware of purchases when the invoices are received. The attached page entitled Fire Bond Summary provides a summary of the bond proceeds as of April 6. 1992. This summary includes only those items for which invoices have been processed or that were included in the bond budget. Based on this summary there are adequate funds to install the those washer provided that no expenditures other than those listed are made. To summarize, the installation of hose washers is a legally allowable expenditure and there are bond funds available for this purchase PROVIDED NO ADDITIONAL EXPENDITURES ARE CHARGED TO THE BOND. LAW OFFICES OF BUfkc aJtd JlawkiJts H-D~ JOHN .... BURKE WtLUAM G. HAWKINS March 24, 1992 Mr. James E. Schrantz Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 Dear Jim: SUITE 101 299 COON RAptOS BOULEV ARC COON RAPl05. MINNESOTA ~~433 PHONE (61 21784-2998 .of ~~' '" ~ 'lI " ,-~ , . ' -,; \I ~ j . ~. ~~F~Wf"'l ,il ',lie: ~-6"9:' lD' I H ' .. .., . vt.., , CITY OF ANOO:;R I The following letter is written in response to the City's request for our opinion regarding the propriety pf an expenditure for the installation of a hose washer system in fire stations one and two. The question raised is whether the City may use bond funds for such expenditures. I believe this type of expenditure was properly authorized on the ballot by the election that was held since the language chat was used included the equipping of the new fire stations. Therefore if the hose washing system is used in the new fire station I believe it would be a proper use of bond proceed funds. ~ J711iam G. Hawkins WGH:mk FIRE BOND SUMMARY $ 2,500,000.00 (25,000.00) Bond proceeds Less: Bond Discount Proceeds Dedicated to Debt Service Spendable Proceeds Expenditures through 4/6/92 Expenditures to be by City Council on 4/7/92 Bond proceeds Remaining as of 4/7/92 (15,000.00) $ 2,460,000.00 2,443,648.99 approved 1,482.10 $ 14,868.91 ============== Bond Proceeds Remaining as of 4/7/92 Less: Invoices to be approved on 4/21/91: 6 Bullard Helmets Stove Hood plate Budgeted Items Not Yet Paid For: 4 Bar stools Movie Screen K-Tool Lock Breaker 2 Ram/pry Bars Hose/Adapters: 1.5" Trilock Nozzle Holder 2 Manifolds-4.5"Fx5" 5"S x 6"F 2-4.5" x 4" with Blindcap 6" Droptank Strainer Estimated Engineering Remaining Anticipated Bond Proceeds Remaining After All Expenditures Have Been Made $ $ 14,868.91 483.83 90.00 360.00 250.00 79.00 420.00 77 .00 1,390.00 318.00 84.00 598.00 4,000.00 6,719.08 =-==SI======= n ~ (\ ~ I \1Y J.-\ 1 TKDA TOLTZ, KINO, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED March 30,1992 2500 AMERICAN NATIONAL BANK BUilDING SAINT PAUl, MINNESOTA 55101,1893 612/292-4400 FAX 6121292..0083 ENGINEERS ARCHITECTS PLANNERS Honorable Mayor and City Council City of Andover, MiImesota Re: Engineering Matters Public Hearing March 19, 1992 Andover, Minnesota Commission No, 9140-002 Dear Mayor and Council Members: The following is a summary of engineering matters discussed and action taken at the public hearing held on March 19, 1992, 1, Trunk Sewer Extension - Pinewood Estates Mr. Davidson did review the trunk sewer costs required to serve the property up to County Ditch 37 as well as the property north to County Road 20, The cost of extending sanitary sewer within the Pinewood Estates Plat at a depth to serve nOlth to County Road 20 is approximately $286,126,00, The cost of extending sanitary sewer within the Pinewood Estates plat at a lessor depth to serve north to County Ditch 37 is approximately $251,126,00, Council Action The Council made the following comments: A. 111~ sanit::.ry sewer sh(luld be constructd at :l rr.inimum grade to provide maximum depth, B. The property owners should be assessed when the sanitary sewer becomes available to them. There being no further engineering matters, the engineer was excused at approximately 10:30 P,M, Sincerely, 4f;;~ ~OIU1 L. Davidson, P,E. JLD/mha (~/ .......~ ',"' ,r/ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 7, 1992 DATE ITEM NO, Reconsider ACCAP proposal ORIGINATING DEPARTMENT ]) Planning ~ David L. Carlberg BY: Ci ty Planner APPROVED FOR AGENDA AGENDA SECTION NO, HRA Meeting BY: REQUEST The Andover City Council is requested to consider amending their motion to allocate $7,750 of the 1992 Community Development Block Grant (CDBG) funds to the Anoka County Community Action Program (ACCAP) for an emergency housing project. The Council on March 2, 1992 approved the allocation of the funds to ACCAP contingent upon all communities in the county contributing to the project. Attached is a letter from JoAnn O. Wright, Community Development Manager, Urban Anoka County CDBG indicating the communties that have contributed and the amounts they are contributing. MOTION BY TO COUNCIL ACTION SECOND BY Q .. COUNTY OF ANOKA Urban Anoka County Community Development Block Grant COURTHOUSE ANOKA, MINNESOTA 55303 612-421-4760 April 2, 1992 Mr. Dave Carlberg City of Andover Community Center 1685 Crosstown Boulevard NW. Andover, MN 55304 Re: ACCAP Low Income Housing Projects Dear Dave: Would you please ask the Andover City Council to amend their action on the $7,750 dedicated to the ACCAP Emergency Housing. The original action was to grant the $7,750 if all other communities in Anoka County also contributed. While not all the communities have contributed, many have, some of them giving large amounts. Please see the attached breakdown for the exact figures on two different low income housing projects. I know that ACCAP will appreciate the contribution. Without it, they are likely to run short of the funds needed for the project. Please call me if you have any questions. Sincerely, J2~ Community Development Manager JOW:sw Enclosure Affirmative Action I Equal Opportunity Employer ,-n;Pl . Transitional Housing (4 to 6 units) Blaine Coon Rapids Oak Grove Emergency Housing (4 to 6 units) Fridley Andover East Bethel Spring Lake Park Centerville St. Francis Anoka County $100,000 40,000 44,000 $188,000 $23,026 7,750 (contingent) 5,000 2,977 4,465 2,229 94,300 $134,747 ~coo 5RAPID COUNCIl L. COPy ~t '\qY ~11 March 30,. 1992 Dear Chief, The Coon Rapids Firefighters will be attending a family night out on Friday, April 3rd. Since this event is being held in Minneapolis, there will be very few reserve personnel in town in the event of a major fire. The on duty shift will handle routine calls, however, We will be requesting mutual aid response to fires normally handled by a company or general alarm to provide adequate resources. This will occur between 1700 hours on Friday until 0200 hours on Saturday. We are not asking that you staff your stations, but are making you aware of the situation. All requests for mutual aid will be through Anoka County Dispatch at the discretion of our duty officer. I have enclosed a map of Coon Rapids. If you need further directions, please request that a police squad meet you to lead you in. Thank you for your assistance and I hope we all have a quiet night. ~i:1!,lY t 1~ Timo~ E. Farmer Asst. Fire Chief c Andover Anoka/Champlin Blaine/Spring Lake Park/Moundsview Brooklyn Park Fridley Coon Rapids Police "C" Shift 1313 COON RAPIDS BOULEVARD. COON RAPIDS. MINNESOTA 55433-5397 (612) 755-2880. FAX (612) 780-642' .:>: ~.~, >..; . - -", . 'L . :');:i :~70 ,"_.(.Ij \'~ j' '\ .( ~:',"'\' ."-- ......../.., . . .~ ? ',-: -"~::A'- 0"-'"' !.2. ,." .1_ . .', ...,,'.....~'~i ~~,-. . ,~ v:":- I ,,;,' _=i'C:/ "\..F'~----...~ HrA:E:~~2jD - -r; fJ!. , 1/1j'1v "..' ..;;....::.i.=~O'::Z:'":~ , ".---~-._-------- . ~ . -,.......~~ . !efm .;Cl~!l.t..:.. :':~'';:l' .:~ ":.. [ '_.:.. ,.... ''''~r:~l::' ~OO~:1 1"::i Dear Colleague: CITY OF ANDOVER Enclosed you will find a client application for the 1992 Metro Paint-A-Thon. We would appreciate your assistance in helping us find homeowners who might be eligible for the project. You can help us by having interested persons give us a call (870-3660) and we will send them an application and be available to them to answer questions. Otherwise, you could give the application directly to them (in person or by mail). Eligibility requirements and additional information are inside the front cover of the application. Completed applications need to be in our office no later than May 6th in order to qualify for the 1992 Paint-A-Thon. If you need additional applications at your office, please do not hesitate to call us. Paint-A-Thon is a unique aspect of the Aging Services Division of the Greater Minneapolis Council of Churches which serves low-income senior and disabled homeowners throughout the seven-county Metro area. This community partnership is designed to paint the homes of those who are unable to do the work themselves and cannot afford to hire a commercial painter. Homeowners who are selected receive a fresh coat of paint on their home at no cost. We will paint approximately 375 homes on August 8, 1992. Thank you in advance for your assistance. ~~g Director ....,--, .,',.-:-.;:' . ~ ~ ;:: ;;'" . II ~~ ~- -r~ League of Minnesota Cities 183 University Avenue East St. Paul, MN 551al TO: Mayors, Managers and Clerks /'\1. ~ FROM: Donald A. Slater, Executive Direc~ SUBJECT: support for Amended Senate Tax Bill J?G;~ ~~4D ,- April 6, 1992 CITY OF ANDOVER A new development on the omnibus tax bills requires your immediate attention. The House bill still contains the sales tax on local government purchases. The Senate tax bill, which was similar, was amended on the Senate floor, with an income tax increase on high-income individuals used to replace the local government sales tax. (The main impacts would be on married filers over $150,000 taxable income and single filers over $102,600 taxable income). This unexpected amendment makes the Senate bill clearly the best of the various proposals, without the huge city aid cuts in the Governor's proposal or the local government sales tax in the House bill. It is uncertain in what form the next legislative votes will occur. The House may vote to accept the Senate version of the bill, in which case veto override votes could occur in the House and Senate. Or the House and Senate bills could be sent to a conference committee. However, all legislators have the opportunity to either vote for the Senate version or lobby the tax conferees in favor of the Senate version. Therefore, IT IS IMPORTANT FOR YOU TO CALL BOTH YOUR SENATOR AND YOUR REPRESENTATIVE AND ASK THEM TO SUPPORT THE SENATE TAX BILL. Despite the favorable Senate position, there is still a great threat that the local government sales tax and/or city aid cuts will be adopted. Funding is still being sought for many spending proposals, and the Governor has expressed his opposition to an income tax increase. Your phone calls to legislators are urgently n~~d~d _ DATE: April 7, 1992 ITEMS GIVEN TO THE CITY COUNCIL Tree Commission Minutes - March 16, 1992 Regular City Council Minutes - March 17, 1992 Park and Recreation Commission Minutes - March 19, 1992 Special City Council Minutes - March 19, 1992 Planning and zoning Commission Minutes - March 24, 1992 Anoka County Law Enforcement Report - 2/1/92-2/29/92 Anoka Sheriff's Contract productivity Report - February Letter from MN Dept. of Health - March 17, 1992 Letter from Burke and Hawkins - March 23, 1992 Letter from Tim Yantos, County of Anoka - March 26, 1992 Letter from Mary Anderson, Metropolitan Council - March 27, 1992 Memo from LMC - March 30, 1992 Bulletin from MWCC - March 30, 1992 Fire Dept. Information Grading Cedar Hills 2nd Addition Preliminary Plat Cedar Hills 2nd Addition preliminary Plat Meadows of Round Lake Special Tree Commission Meeting Minutes - March 30, 1992 Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. ANOKA 10 CC', Office of Jf-{1 /92-- COUNTY SHERIFF'S DEPARTMENT --: KENNETH G. WILKINSON - SHERlFF'fr'J PILe Courthouse - 325 East Main Street - Anoka, 612-421-4760 CITY OF ANDOVER innest'5rOJ.;;.:,..'~',' '\,. ,':0.--:--- H. 1\_" ';I \-ooD' , ~- ~" ,. 1 r fM"R :"7 ~:21,! -- , -. MONTHLY CONTRACT PRODUCTIVITY REPO 1,lonth: February . 1992 CITY OF L\Nrj0'/U' This report reflects the productivity of the Andover contract cars, 3125, 3l35, 3145 and 3155. It does not incluue activity by Sheriff's department cars within the City during non-contract hours, nor, activity by other Sheriff's Department cars witllin the City during contract hours. 39 Radio Calls 320 0 Complaints 231 0 l1edicals 9 0 P.I. h.ccidents 5 12 P.D. Acciuents l4 0 Domestics 8 0 House Checks 59 26 Business Checks 403 32 40 lU,295 Arrests: Traffic DI'JI Arrests: Felony G.I1. Misdemeanor Arrests: Warrant Papers Served: Warnings: Aids: Public Othe:..- Agencies TOTAL MILES PATROLLED: Captain Len Christ Anoka County Sheriff's Department Patrol Division -6- Affirmative Action I Equal Opportunity Employer Minnesota Department of Health Division of Environmental Health 925 Delaware Street Southeast P,Q. Box 59040 Minneapolis, MN 55459-0040 (612) 627-5100 jt:') ;J-- C 0 ~ l)tJ ". rn MAR 1 7 1992 Andover City Council c/o Ms. Vicki Volk, Clerk City Ha 11 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 Dear Council Members: We are enclosing a copy of the report of our district office covering a routine inspection of your community water supply. If you have any questions concerning the information contained in this report, please contact Mr. Bassam Banat, Public Health Engineer, at 612/627-5173. Also, enclosed for your information is a copy of the U.S. Environmental Protection Agency's fact sheet on the new Lead and Copper Rule. Please familiarize yourself with the rule because you will be responsible for selecting the sample sites and collecting the samples. Sincerely yours, ~4~,~~ Richard D. Clark, P.E., Supervisor Public Water Supply Unit Section of Water Supply and Well Management RDC:BHB:bs Enclosure cc: Mr. Frank Stone, Water Superintendent Anoka County Community Health Service An Equal Opportunity Employer , . MINNESOTA DEPARTMENT OF HEALTH , REPORT ON INVESTIGATION OF PUBLIC WATER SUPPLY Name of Water Supply PWS ID Number Andover Municipal Water Supply 1020034 Street Telephone Numbers: 1685 Crosstown Boulevard 755-5100 CitY State IZiP~~~;~1 City: Andover MN Operator: 755-8118 County District Engineer: 755-5100 Anoka Metrorolitan Other: 755-8027 (oor. ho Water Superintendent Classification Plant Classification Owner Type Frank Stone C D Mlln;r;n,.l Other Operators Classification Plant Type Plumbing Permits and 00 0 Inspections Required Kevi n Starr D Dick Vi ckstrom D Community Ves No Ray Sowoda D Scott Protivinsky D Date of Previous Survey Date of Survey Wayne Patchen N.C. Brian Kraabel D 7-12-90 10-23-91 LuAnn Deveraux N.C. Chris Olson N.C. City Engineer James Schrantz SERVICE AREA CHARACTERISTICS: , []I Municipal .~.; o School or College o Recreation Area o Mobile Home Park o Hotel/Motel o Campground o Company Town o Resort o Housing Development o Institution o Restaurant o Other Population Served Service Connections Storage Capacity: "l nnn 1,200 (List Separately I Design Capacity (gal/day) Average Daily Production (gal/day) 7, 500-ga 11 on hyd rOf~aur1"dbVf 2.400.000 225,000 (500,000-gal. elevated tank) Emergency Capacity (gal/day) Highest Daily Production (gal/day) 1,000SOOO-sal. elevated tank 0 ?,nnn.nnn Total: 1, 00,0 0 gallons TREATMENT WELL DATA c: .: c: ." ~ .t:: " c: .g o c: :; .g c: .!'! " .t:: C. I ." .~ c: Uo "0 ,2 E C. c: .t:: 0; c: " 0 ,2 .Q rn e c: > 0. c: c: c';:: '" 0 ,!!! rn " " c. 0 '" ;: > U :0 U c: ~ .2 om c: c: rn C 0 0 -' '" en'';:; -' 0 I- '" '" ,2 '" 'u;.~ c: ell 0 :!1 '" c: 0 Q)'~ E ." " ~ ] :> ,~ ~ 0= '" ~ E (; - '" .~ " ,!,! ;: 0. :; ::! '" t~ '" :0 c: ~ ;;; E rn rn ." '0 E :> .t:: '," 0; - '" - rn Source Name 0 > 0 '" 0 '" o_ m 0 '" '" rn " ;;: rn",o u; is :> '" <l: <l: u '" u. U", '" I- <l: u. >- U U '" ;;:mu. 0- 1/171011 G P Dc Kc Va 1981 14 368 601 m',J1mon ~Q ~I; Inn in 10\1 2/415932 G P Dc IKr Iv.. lQAI'; 11'; I"lQ7 IJ:;?I; u;...,..", n\l ~a ')7 VoT" " -J VQT'in 3/431683 r. p nr I!(r III" 'OA7 lQ AA7 11;117 U;~,..I,' ". it4 'J v. , Remarks: *We 11 No. 2 was not available for Sampling Sites Bassam Banat sampling at tile time of the Surveyed by: survey 1 - Anoka County Hwy because of flushing. Department 2 Brook's Market Approved by: - e) "tank HE,Q0842,02 Andover Municipal Water Supply October 23, 1991 Recommendations: 1. All underwater crossings should be eliminated as soon as practical by constructing an above-water crossing. An alternate method would be to install a manhole on one side of the crossing, having valves ~nd appurtenances such that the crossing can be pressure tested. 2. The utilization of Well No.2 shall be discontinued if at any time flood waters fromt he adjacent ponding area approach within 50 feet of the well. 3. The opportunity for additional training in water supply work should be made available to the operator(s). Attendance at the annual waterworks operators seminar, held in the area, is a valuaple experience for anyone engaged in this field. \ - ~m \t ~cwtU\) Bassam H. Banat, P.E. Public Health Engineer Section of Water Supply and Well Management 502:4 : 'Andover Municipal Water Supply, Well No.1, #1020034 MINNESOTA DEPARTMENT OF HEALTH - CHEMICAL LABORATORY VOLATILE HYDROCARBONS (code 465) 1 . SAMPLED: ANALYZED: REPQRTED: 10/23/91 11/05/91 11/07/91 LAB SAMPLE #: 9124109 FIELD BLANK #: NONE COMPOUND REPORTING AMOUNT LIMIT FOUND (UG/L) (UG/L) COMPOUND REPORTING AMOUNT LIMIT FOUND (UG/L) (UG/L) ~=====================~=~======~========================~================== Dichlorodifluoromethane< 1.0 Chloromethane < 2.0 Vinyl Chloride < 1.0 Bromomethane < 2.0 Chloroethane < 1.0 Dichlorofluoromethane < 1.0 Trichlorofluoromethane < 2.0 Trichloro- trifluoroethane < 0.2 1,1-Dichloroethene < 0.5 Allyl Chloride < 0.5 Methylene Chloride < 0.5 t-1,2-0ichloroethene < 0.1 1,1-Dichloroethane < 0.2 2,2-dichloropropane < 0.5 c-1,2 Oichloroethene < 0.2 Chloroform < 0.1 Bromocqloromethane < 0.5 1,1,1-Trichloroethane < 0.2 1,1-Dichloropropene < 0.2 Carbon Tetrachloride < 0.2 1,2-Dichloroethane < 0.2 Trichloroethene < 0.1 1,2-Dichloropropane < 0.2 Bromodichloromethane < 0.2 Dibromomethane < 1.0 c-1,3-Dichloropropene < 0.2 t-1,3-Dichloropropene < 0.2 1,1,2-Trich10roethane < 0.2 1,3-Dichloropropane < 0.2 Tetrachloroethene < 0.2 Chlorodibromomethane < 0.5 1,2-Dibromoethane < 1.0 Chlorobenzene < 0.2 1112-Tetrachloroethane < 0.2 Bromoform < 1.0 I 1122-Tetrachloroethane< 0.2 I 123-Trichloropropane < 0.5 I Bromobenzene < 0.2 12-Chlorotoluene < 0.5 14-Chlorotoluene < 0.5 11,3-Dichlorobenzene < 0.2 11,4-Dichlorobenzene < 0.2 11,2-Dichlorobenzene < 0.2 11,2-Dibromo- I 3-Chloropropane < 2.0 124-Trichlorobenzene < 0.5 Hexachlorobutadiene < 0.5 123-Trichlorobenzene < 0.5 Ethyl Ether < 2.0 Acetone < 20 Methyl tertiary- Butyl Ether < 2.0 Methyl Ethyl Ketone < 10 Tetrahydrofuran < 10 Benzene < 0.2 Methyl Isobutyl Ketone< 5.0 Toluene < 0.2 Ethyl Benzene < 0.2 m+p-Xylene < 0.2 o-Xylene < 0.2 styrene < 0.5 Isopropyl Benzene < 0.5 In-propyl Benzene < 0.5 I 135-Trimethylbenzene < 0.5 Itert-Butyl Benzene < 0.5 I 124-Trimethylbenzene < 0.5 Isec-Butylbenzene < 0.5 Ip-Isopropyltoluene < 0.5 In-Butylbenzene < 0.5 I Naphthalene < 0.5 I --------------------------------------------------------------------------- COMMENTS: Legend: < = PP less than peak present ~ ~ . 502.4 pndover Municipal Water Supply, Well No.3, #1020034 MINNESOTA DEPARTMENT OF HEALTH - CHEMICAL LABORATORY VOLATILE HYDROCARBONS (code 465) 1 SAMPLED: ANALYZED: REPORTED: 10/23/91 11/05/91 11/07/91 LAB SAMPLE #: 9124110 FIELD BLANK #: NONE REPORTING AMOUNT LIMIT FOUND (UG/L) (UG/L) COMPOUND REPORTING AMOUNT LIMIT FOUND (UG/L) (UG/L) COMPOUND =========================================================================== Dichlorodifluoromethane< Chloromethane < Vinyl Chloride < Bromomethane < Chloroethane < Dichlorofluoromethane < Trichlorofluoromethane < Trichloro- trifluoroethane < 1,1-Dichloroethene < Allyl Chloride < Methylene Chloride < t-1,2-Dichloroethene < 1,1-Dichloroethane < 2,2-dichloropropane < c-1,2 Dichloroethene < Chloroform < Bromochloromethane < 1,1,1-Trichloroethane < 1,1-Dichloropropene < Carbon'Tetrachloride < 1,2-Dichloroethane < Trichloroethene < 1,2-Dichloropropane < Bromod~chloromethane < Dibromomethane < c-1,3-Dichloropropene < t-1,3-Dichloropropene < 1,1,2-Trichloroethane < 1,3-Dichloropropane < Tetrachloroethene < Chlorodibromomethane < 1,2-Dibromoethane < Chlorobenzene < 1112-Tetrachloroethane < Bromoform < 1.0 2.0 1.0 ' 2.0 1.0 1.0 2.0 0.2 0.5 0.5 0.5 0.1 0.2 0.5 0.2 0.1 0.5 0.2 0.2 0.2 0.2 0.1 0.2 0.2 1.0 0.2 0.2 0.2 0.2 0.2 0.5 1.0 0.2 0.2 1.0 I 1122-Tetrachloroethane< 0.2 I 123-Trichloropropane < 0.5 I Bromobenzene < 0.2 12-Chlorotoluene < 0.5 14-Chlorotoluene < 0.5 11,3-Dichlorobenzene < 0.2 11,4-Dichlorobenzene < 0.2 11,2-Dichlorobenzene < 0.2 11,2-Dibromo- I 3-Chloropropane < 2.0 I 124-Trichlorobenzene < 0.5 I Hexachlorobutadiene < 0.5 I 123-Trichlorobenzene < 0.5 IEthyl Ether < 2.0 IAcetone < 20 IMethyl tertiary- I Butyl Ether < 2.0 IMethyl Ethyl Ketone < 10 I Tetrahydrofuran < 10 IBenzene < 0.2 IMethyl Isobutyl Ketone< 5.0 I Toluene < 0.2 IEthyl Benzene < 0.2 Im+p-Xylene < 0.2 lo-xylene < 0.2 I styrene < 0.5 IIsopropyl Benzene < 0.5 In-propyl Benzene < 0.5 I 135-Trimethylbenzene < 0.5 Itert-Butyl Benzene < 0.5 I 124-Trimethylbenzene < 0.5 Isec-Butylbenzene < 0.5 Ip-Isopropyltoluene < 0.5 In-Butylbenzene < 0.5 I Naphthalene < 0.5 I COMMENTS: --------------------------------------------------------------------------- Legend: < .. less than PP = peak present ~ ~ MINNESOTA DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH ANALYTICAL DATA Samples Collected By Bcss~m Banat Report To natra Field Town, County, Etc. Sampling Point and Source of Sample Number DD99 le. Andover//\nok(t \1,: 11 I,! ~\ 1 IH,- . pr'lfirJ l.Q. " Ile 11 No. 3 ;,JiJ ....' 8310 1 I.Q. " :112 nd n Druq ,",e/l"2 IA " :f\:~oka Cot:nty I{; 9h~',',)y Dc:piirtr:,'nt UlJ lJ IH'1t'" ~ " Brc:Jkts r.hr'kct ....'... ..,),' Lf. Irhis line for lab use only. lE. 112 If: [Q. ~ It Sample Number 91240sn 9124089 9121;000 ')12'1001 9J.2l}Q92 Date Collected 10-23-91 Time Collected :J:OO () . r1.. Date Received by Lab In_'~_()1 Coliform M.P.N./IOa mL abs~nt ahspnt chsent i!bsGnt .~h~(."'i1t group Con.D Comp.O organisms M.F.C./laa mL , Arsenic )1g/1 Barium )1g/1 Cadmium )1g/1 Chromium ug/l Fluoride mg/l Lead )1g/1 Mercury ug/l Nitrate Nitrogen mg/l Residual Chlorine Fr"p Ii n t~ ., Selen~um )1gll Silver )1g/1 Sodium mg/l Gross Alpha Radium Al pha Uranium Alpha Radium-228 HE:-00843-02 ~IJ~_~I\ \' or.:'\ 'E'.. ~:i.~::..~, '1/' (~:'1 n .t~ '~'C;:-: ~~/~",,~ I ~": :rr<l r.i.-c' 1 "'.,[ ,_1: 0; .:-:rJ:n" ~ .~ C T ,:< 1 c.t ~ G ~ . , 2: '~. : \l:~, C ,:' .:,'! \' ': ! .~. -i':, ~~ f r c: __Po _..____....._ .-. -<."' - ~._.~... - ~- .------- -- '-'~ .-.-,......- ';f.r-:.,: ~, -J r.:-o,. 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I ~ I I J . ; . ! 1 ._~___._. _'__ ~.__________.. ,~_,.~ F=--~-~-~~.-=L-=..--.~~:-~-=~=..=-=~,~:..-~;-=~~=,~~=--==f--~='=....~=-----:=~~='~=--=-~-,---------- .-----.--'---".--! ,,_~. __~__~ ~~..__ __ _~__.........-~_-. . ...__,___~~__._____ --.___ ._. --~---- .-...,----~ . -'--'-~,;'_.---"--'-'--'~---- ',. .~ ,_.~.____~._..__.__o_~,___,____~'_'___' -Ii ~__~__~._. __.~~.___._~___L_,___ _._____._~.__.___. . _. _._ __...i_._.._ ..________-'. __~_. ___'"________.__.._.___ _~____~____.. '~ ('; ~ t :~ ~ :"1 C -_~; ~ MINNESOTA DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH ANALYTICAL DATA Samples Co 11 ected By Bassam 8anat Report To iie t r0 Field Town, County, Etc. Sampling Point and Source of Sample Number 12.. 1\l1dover/Anoka :;011 tlo. 1 - (BB9n l.l2. .. lie 11 No. 3 - (llB9n) lQ. liL Is2. Lt. This line for lab use only. tE.. ll2. If:- [Q. k It. Sample Number 9124093 9 1 2 L10 94 Date Collected IV- L~-:!l Time Collected Date Received bv Lab l'J-2:.)-:)1 Coliform M.P.N./100 ml. group Con.O ComP.O organisms M.F .C. /100 ml. Arsenic \lgll Barium \lg/l Cadmium \lg/l Chromium ug/l Fluoride mg/l Lead \lg/l Mercury ug/l Nitrate Nitrogen mg/l Residual Chlorine Selen~um \lgll Silver \lg/l Sodium mg/l Gross Alpha ~l', 1 (~ Radium Alpha .1 q ., ? Uranium Alpha Radium-228 ., ,5 r ? I ~~r'r~s '") lJi~ta ?? 1? HE-00843-02 ,..- .-.- . ,,) <:~~'_::;'::'.I.~;I,(~-j(J 1 _i-':--;":~~:,'= [~,.~ , ",' ~. - 'T . r :~ .L _ ~ > 11 ( " 1":'Cj;t: .::1', '.T !"- ,l-' ',:1 l ~ \' ~ .:: toO:: _~ ~~./ .J/,,~; ;'~ ~ -' : ',~ I :> "j C ("j ~~ :'1 '.'_! " - ~_._----_._- - -.,-_.- ~'--- --- - _.._._---- --. - -.---..- . ._.~._-~~ , ~-~.'- '~-_::'.--';-_. '-".:-'-~ ',~ 1 '~ r ~~I~I:' ~' 1 r; 'J : Ji','-(J.l- -.;:,::...r;;-:-'Ji. I , , !---- ! 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I I f=~-:-=~-=~; ,-.==.=--=F~~~-=.==-=:I=--~ ~:-:--,~:~~=,;-==-~~ '=~-:-~.T :-~~-,:~~=~-'1.'-==~.-=----~--==:===~.=..'~=-':~-~" ,~-------. ------~ .'-__' - ---___.__-1__________;___.__ ____ _.__;._.___--..____~___~_ _, _______ _____________~~__.__. l I ~ . (-.-- ----~-...,-~~-_.._--~-,_..."---_.-. .-.~.~- ------ -~' --.-- - - -- ------------------ ---~---- ! [ \ Ii: f--'- ------ -----~--- ------.r..--~- --- _.- -Y'-~ - -_.~ -------- ~----.~--'-- ----- -'--- - ---------j--.--.-------~----.------ j-_o__,,,__.-_,_ ~_______._.._ .___.__._______ ________ _._'_ ___._ _~_ __._ __._~__.__~.___._______~ __.. 1--..._.... _ __._.-_.__.__. ......~__-__.~.~_..-~~l___~_~-______~_. __,__...~._.__, __... ...._ ~~~ ~ ... _ _. ._ ___.~ _~.__ ~ _'_."._ __~.__.__.._.. __._~___._ ~... __._ 1 ! ; " ,.~:) -- .--.-.-- --~~----____. _ ___.__._._.______-..1 ~~___.____..___ _...~_____ ._.__ _______ '. r: : ~ '. ..:;, ~ D /A @ :.1-it h , "Lead may leach into the water from some kinds of home plumbing." Unitc-d StZles E:'1vir:::nmamal PrctGC::.cn A:;sncl ' CT.iC3 of WatGr WH.5:-CA E:=A S7C/a-g1~O June 1551 Lead and Cop~er Rule '- The u2.d 2nd Copper Rule was published in the Feder~l Register on Ju::.e ~ 1991:. It bec:Jmes eiIective on December 7, 1992. T'nis rule x-ceIDreS treat::::::.e!:.t when lead and/or copper in d..rinJdng water exceeds cer..ain le~~els. Lead enters drinking water m2.inly from thec:Jrrosion' oflead-conbi,.,iT"!g he hold plumbing. Since lead and copper contamination gener-dly oc...-ur.s ar..er w: has left the public water sys't.sm, the best way for the water system operator t find out if customer water is conbmi,.,::lted is to test water that has come fro=. houSehold fau~t. ';('his .ty-pe of conhmi,., ::ltion can be prevented by control..li::l.g Corrosiveness of the water supply. If corrosion cOntrol is. not Sllm cent, lead- c:Jnt.aining I:laterials Illay have to be replaced. .. Action Levels 0.015 1.3 l',1":n;mum Contaminant Level Goals GrICLG): Water syste......" should try to supply water which is free of lead and has no more than : , milligram.s of copper per liter (mg/L). This is a lum-enforcecble health l: Action Le":'-els: 'When the concentration of lead or conner reaches f action level in ten percent of the total number of require-l samples, thE water system. is required to czrry out the water treatment requiremen the rule. These enforceable treatment requirements are described belo' MCLG Action Level (mglt.) (mglt.) Lead Lead/c~pper monitoring at high-risk hom~~. , ~vater systems must complete a 'materials evaluation of their distribution system 2nd/or review other information to target homes that are at high risk lead/copper (PblCu) coDt~TTliT'::ltion. Monitoring is to be conducted at the tap :iJ: these homes, with the nU!!lber of tap-sampling sites based on the population served. One sample is requh-ed at esch site.' , Additional monitoring for other water quality paramet,,: CWQPs) affeding corrosion is 'required to optimize tre~tmeDt anc deten::nine comnliance with State lead/copper stanwas. Two typi systems Illust perior.n this monitoring under the following condit · NU!!loer of Initial Sampling Sites . Large systems serving more than ,50,000 per.sons, regard1~~ the lead/copper levels in tap samples. ' . Smaller systems se..'"Ving less than 50,000 per.sons, if either ac+"ionlevel is exceeded in tap samples. Two types of sampling sites a.re specified for this purpose: . Within. the distribution'system, with the n~ber ofsit.es based on population se....rved (sites may. be same as ~or ~?1i orm sampling). Two s~""'ples are reqUlIed from eac.::l Sl!.C. . One sample at each entry point to the distrJJUtion systc~ Copper o 1.3 System ' size : at home taps for Pb/Cu 100 60 >100,000 10,001-100,000 3,301-10,GOO 501.3,300 101-500 $100 .1,0 ::!Q 10 5 Monitoring Requirements ~ withIn clst. for WQPs 25 10 3 2 1 1 r..i. _ __ ___ ~-----~~-~".~ ..,-- Monitoring Frequencies. I::.iti2lly, systo,.,., " must collect. home tep samples for lead and ::Jpper analysis and samples for other water quality pa.r'rneters (WQPs) every six months. In sysie"""" that are required tD install ::Jrrosion control L-eabnent, follow-up samples for other WQPs , =ust be take::::!. from within the distribution system every six =onths, and from entry, points to the distribution system every :71'0 weeks. Both the number of sampling sites and the frequency =:=.y be reduced if the action level is met or the system maintains :ptirnal treatment. 'Nater Treatment Requirements . Freque:J.cy of Sampling ~~i7(~it( E-!;~11Il'I.--: Homa withIn at e ~cs dlst. te c Monltorlng Perlod Initial 6 n:o. 6 mo. s;: Af'-..er C:)rro si on f ' 6 n:o. 6 mo. 2 'r matment P..educed -C<lnditional , 1 yr. Smo. 2.. -Final ~ 3 yr. 3 yr. 2.. Four types of action axe required to remedy h1gh lead/copper levels. Once a system finds that more than 10 pe..""Cent of all tap monitoririg results uceed the :.ction ~evels, the system must begin to carry out the ~t three actions. o Corrosion control treatment. Systems are required to fi.?"St monitor, and, depending on its size, conduct corrosion control studies and recommend a corrosion control treatment to the State. Upon the approval oithe State;,;-.::,:-:", treatment is to be installed and demonstrated to be effective according to c..~teria set by the State. Treatmentoptions a.re: pH and~'b1inity adjust- ment, calcium adjustment, and silica or phosphate-based corrosion inhibition. .g Source Water Treatment. Systems must first monitor their source water for the presence oflead/coppe!', and, ifnecessaIY, recom.m.end a treatment to the State. Treahnent options axe: ion exchange, lime softening, reverse osmosis, and coagulation/filtration. Once the State approves a treatment, systems will have 2 years to install it and 1 more year to conduct .follow-up monitoring. If treatment is not required, or if the treated water does not exceed the ma:ci- mum lead/copper levels penilltted by the State, source water moDitoringwill be synchronized with the system's other monitoring schedules. €) Public Education. Public education materia.ls developed by E.PA rrill inform customers about the health elleeoS oflead, and explain what iliey can do at home to reduce their exposure. The system must begin delivering the materials within 60 days of the lead action level exceedance. The materials include public - service announcements to be submitted pe..Tjodir"" ITy to television and radio stations, and other pamphlets to be delivered directly to customers, newspapers, hospi- tals, etc. IF a system continues to uc.eed the lead action level ::er ,...."talling optimal corrosion control and source water eab:ne::::!.t, the fourth action must be t.J'l "k-pn' a Les.d Service Line Renlacem.ent. Lead service lines that contribute more ~ 0.015 mgtL to tap water lead levels must be replaced. A system must replace seven peI""~nt of its lead lines each. ye:ar, and must replace all lines within 15 years. ~r More Information ,:1 the Safe Drinking Water Hotline at: 1-800 ~6-4791. ,. l:;Ef~~:S~~,p.l!},~iSi~:M~;~' ,Lead ~pper Flwop.s1iEtL':'}l[JEmK', pH alkalinity Calcium Conductivity . Orthophosphate Silica Tern pera tu...""e Compllanca Deadlines NOTE: auc:::>et iC.DO lena e=eded in initial mocitoring ActIon Begin monitoring , '. Complete treatment sbdy Ju194 (i(~brl!w..) RecJmIlJeD.d ~tment to State · m.dy t;Ot reqairad- N1A . rt::dynqcired- Ju194 ComPlete treatment installation ' . ;tudy llct reqc:ira:l.- NI A . rt"..dy~- Jen91 Complete follow-up =nitor.ng' . r...:ciy nct nqcired- N/A . r.dy req-.ind- jen~8 Large ':>50K JanS2 Jan94 JuI96 Jen98 J an9-9 ,.:n:.rq.~.,,_.'i~~)'~f.."!:':I'~ '" LAW OF"FlCES OF" (0 c.C +h'/ '1Z- 13urke IlNd JlllwkiNS ~~;...."'S ;~. '.. b Q,e.... JOHN M. BURKE WtWAM G. HAWKINS ~ ?.Jcitc..~ SUITE 101 299 COON RAPlOS BOULEY ARC COON RAPIDS. MINNESOTA 5!5433 ~E{e12)7~2998 .'1' ., - - J/!.i(,To ;S"~.) r-J<A.: H' E" 'r'" It''-1ft D - ~rc~ i Lo' l M.(\R 2 5 1992 " March 23, 1992 .- CITY OF ANDOVER Mr. James E. Schrantz Andover City Hall l685 Crosstown Blvd. Andover, MN 55304 Re: Sonsteby v. City of Andover, City of Anoka Dear Jim: Enclosed herein for your information please find a copy of Respondent's Brief with regard to the above referenced matter. Please distribute copies of the brief to the council for their information. G. Hawkins WGH:mk Enc. .' ~' No. CO-91-2309 STATE OF MINNESOTA IN COURT OF APPEALS .- CITY OF ANDOVER Rosella Sonsteby, Appellant, vs. City of Anoka, Respondent, City of Andover, Respondent. RESPONDENT CITY OF ANDOVER'S BRIEF AND APPENDIX John M. Burke Burke and Hawkins 299 Coon Rapids Blvd. Suite 101 Coon Rapids, MN 55433 (612) 784-2998 Atty. 1.0. 113158 S. Todd Rapp Bernick and Lifson, P.A. 1200 The Colonnade 5500 Wayzata Boulevard Minneapolis, MN 55416 (612) 546-1200 Atty. 1.0. 112171X Attorney for Respondent City of Andover Michael J. Scott 300 Anoka Office Center 2150 Third Avenue Anoka, MN 55303 (612) 421-4110 Atty. 1.0. 1122166 Attorney for Appellant Attorney for Respondent City of Anoka TABLE OF CONTENTS Table of Authorities ... ........ ........ .... ........ Issues ............................................. Statement of the Case .............................. '" Statement of Facts ................................. Argument: Ie Standard Of Review........................ II. The Trial Court Applied the Correct Legal Standard Of Constitutional Taking ......... III. The Trial Court's Findings Are Amply Supported By The Evidence ................. A. Appellant's property is historically wetlands ............................. B. The flooding experienced by Appellant was not caused by actions taken by Respondent City of Andover ........... The Northglen Holding Pond will adequately hold water runoff from the Northglen developments ........... C. D. The Dehn's Pond Outlet Project and other mitigation actions taken by Respondents provides an outlet for the discharge of storm water from Appellant's property................. Conclusion ..... ........... ......... ..... ..... ...... i Paae ii iii 1 2 10 10 17 17 19 22 26 28 TABLE OF AUTHORITIES CASES A.J. Chromv Construction Co. v. Commercial Mechanical Services. Inc., 260 N.W.2d 579 (Minn. 1977) ....................................... Alevizos v. Metropolitan Airport Commission, 216 N.W.2d 651 (Minn. 1974) ............................ Banner Grain Co. v. Houahton, 170 N.W. 853 (Minn. 1919) .............................................. Fitaer Brewina Co. v. State, 416 N.W.2d 200 (Minn. Ct . App . 1987) ...................................... Love v. Burlinaton Northern. Inc., 407 N.W.2d 452 (Minn.Ct.App. 1987) ................................ Nelson v. Wilson, 58 N.W.2d 330 (Minn. 1953) ....... Popp v. Citv of Winona, 430 N.W.2d 19 (Minn.Ct.App. 1988) .............................................. Sonstebv v. Citv of Andover, C3-87-10654 (Minn.Ct.App. 1989) (unpublished opinion) ........... Spaeth v. Citv of Plvrnouth, 344 N.W.2d 815 (Minn. 1984) .............................................. State v. Bentlv, 71 N.W.2d 780 (Minn. 1955) ........ CONSTITUTION Minn. Canst., art. 1 S 13 .......................... STATE STATUTES Section 117.011 ..... ..... ... ................. ...... ii Paae 10 10,11,12 10 10 12 11,12,13 10 3,4,7, 8,27 12,13, 14,l6 21,22 10 11 ISSUES I. Whether the trial court applied the correct standard of law in determining a constitutional taking. II. Whether the evidence submitted supports the trial court's conclusions that no activity by Respondent City of Andover resulted in an appropriation or taking of .. Appellant's property. , , Hi STATEMENT OF THE CASE These proceedings are consolidated actions in mandamus. These are inverse condemnation actions whereby Appellant seeks to compEd the cities of Andover and Anoka, in Anoka County, Minnesota, to condemn her property. Appellant asserted that Respondents had taken her property for use as a holding pond. These actions were commenced in 1976 and 1983 respectively. The cases were eventually consolidated for trial before the Honorable Stephen L. Muehlberg, District Court Judge, Tenth Judicial District. Trial was held at the Anoka County Courthouse on February 19 through 22, 1991, and April 4, 5 and 8, 1991. On August 9, 1991, the district court issued its findings of fact, conclusions of law and order for judgment dismissing Appellant's writs of mandamus against each Respondent and ordering the entry of judgment in favor of Respondents City of Anoka and City of Andover. Judgment was entered on August 22, 1991. The district court held, inter alia, that no activity engaged in by Respondents resulted in a taking of Appellant's property. This appeal followed. , , -1- STATEMENT OF FACTS Respondent City of Andover suggests the Court refer to the topographic map with overlays marked as Exhibits 8, 9, 10, 11 and 12 to assist in the understanding of the facts in this case. Beginning in the 1940's, Appellant started to acquire land which accumulated to approximately 240 acres in Andover. (T. at 17). Appellant's land consists of large areas of wetlands and the base map of Exhibit 8 identifies the Sonsteby and surrounding property in 1976. The blue areas show the open water, the green areas are wetlands, swamp and wetland vegetation. The Sonsteby wetlands adjoin other large wetland areas owned by others. (Exh. 8). Along the westerly edge of Appellant's wetlands exists a Department of Natural Resources (DNR) defined wetland known as Dehn's Pond. (Exh. 8). Wetlands exist on the eastern portion of Appellant's property and another larger area of wetland exists east of Dehn's Pond and north of her residence on 141st Avenue. (Exh. 8). The red line or Exhibi t 9 shows the Sonsteby proprety, the Anoka County Pond formerly owned by Sonsteby prior to 1987, the Northglen Holding Pond and Dehn's Pond are all within the Andover flood plain. Exhibit 10 is an overlay depicting the extent of soils which are either of high water table or of peat and muck. It includes the Anoka County Pond, the Northglen Addition Pond, the Sonsteby wetland area and the Dehn's Pond area. During the pendency pf this case, Anoka County . . -2- constructed a new County Road No. 116 through a portion of Appellant's wetlands. (Exh. 8). In conjunction therewith the county constructed a storm drain system. (Exh. 8). Appellant's wetlands received a special benefit by this new storm sewer which was challenged and affirmed by this Court. Sonstebv v. Citv of Andover, C3-87-10654 (Minn.Ct.App. 1989) (unpublished opinion) (Appendix A-I)). Anoka County No. 116 was constructed, in part, through Appellant's wetlands which required Anoka County to purchase other wetland to mitigate for the wetlands filled to build County Road No. 116. (T. at 14, 89). Thus, in 1987, during the pendency of this case, Anoka County acquired by condemnation, for which Appellant was compensated, 23 acres of her wetlands known as the Anoka County Wetland. (Id.). Prior to the condemnation of these 23 acres of wetland by Anoka County, Appellant connected said 23 acres with her other wetlands by a ditch system. (Exh. 8). As part of the mitigation agreement between Anoka County and the DNR, the ditch at the northern boundary of the 23 acres of wetland acquired by Anoka County in 1987 was blocked by a dam and weir. (T. at 581). This ditch previously connected the 23 acres of wetlands purchased by Anoka County to Appellant's other wetland areas by the series of ditches and is now permanently dammed. (Id.). In conjunction with the planning and design of the construction by Anoka County of Road No. 116, a cooperative effort between Anoka County, Ai].dover and the City of Anoka -3- resulted in the design and construction of Dehn's Pond Outlet Project No. 86-19. (T. at 580-58l). This project constructed a storm sewer system and provided, for the first time, a storm water outlet for a large area of defined wetland owned by Appellant and others. Sonstebv v. Citv of Andover, supra. During the past 20 years, Appellant developed a large part of her land above the 100 year flood elevation of 869 feet for housing subdivisions. (T. at 67). In the 1970's, Appellant developed 43 lots known as Auditor's Subdivision No. 82 located northeast of her wetlands. (T. at 70). (Exh. 8). The storm water from Auditor's Subdivision No. 82 was drained generally into Round Lake and partly drained south into her wetlands now owned by Anoka County. (T. at 103). Appellant continued to develop her land above the flood plain into residential lots during the years 1980 through 1984. (T. at 67-68). Appellant, a developer and real estate agent, platted 28 acres and sold the lots known as Rosella's Addition and Shirley's Addition. (Id.). The surface drainage from these plats drained into wetlands under her ownership at that time and now owned by Anoka County. (T. at 103). The wetlands owned by Appellant and others are part of the Anoka County Sand Plain and lies directly south and west of Round Lake. (T. at 504). The County of Anoka is generally in the Anoka County Sand Plain. (Id.). Soils within the Anoka County Sand Plain are typically sandy and allow rain water and surface water to readily percolat~ into the soils. (T. at 505). -4- ., Once water percolates into sandy soil within this watershed, it causes the ground water to flow from northeast to southwest through the wetlands in question and generally toward the confluence of the Rum and Mississippi Rivers in the City of Anoka. "(T. at 508). As a result of these porous soils, events of above average precipitation cause the ground water gradient to rise which become evident as surface waters in the low areas of the watershed. (T. at 510). The soil types found in the area of Appellant's wetland and adjacent wetlands are rifle, mucky peat, seelyville muck and sandy loam. (T. at 555-556). These soils are indicative of soils created or deposited over many hundreds of years of wet conditions. As a result of the soils in these wetlands, the lowland vegetation tends to be aquatic such as bulrushes and cattails. (T. at 559). During the drought of the 1940's, the drained areas of the lowland were used for cattle grazing and l~ited crop production. (T. at 18). A DNR protected wetland, Dehn's Pond, exists adjacent to the western boundary of Appellant's wetlands. ( Exh . 8 ) . Appellant or her predecessor connected her ditch system to Dehn 's Pond. (T. at 502). Appellant's wetlands in the western part of her property was also formerly connected to her wetlands in the eastern part of her property now known as the Anoka County Wetland by this ditch system. After Anoka County purchased her 23 acres of wetland in 1987. The flow of surface water between the Anoka County We~land and Appellant's remaining -5- wetlands was permanently stopped by the construction of the dam and wier by Anoka County. (T. at 581). The Sonsteby wetlands and adjacent wetlands experienced a significant rise in ground water in 1985 and 1986 following the wettest five year continuous cycle of rainfall ever recorded for this area. (T. at 656). (Exh. 31, 32). These extreme levels of annual precipitation from 1982 through 1986 and resulting rise in ground water are determined at Anoka County measuring stations by the DNR and U.S. Weather Bureau. (T. at 625). As a result of this rise in ground water following the record rainfall and the concern shown by Appellant and other landowners affected by the rise in ground water, the City of Andover, the City of Anoka and the Anoka County Highway Department, designed and caused to be constructed Dehn's Pond Outlet Project No. 86-19 in 1986. (T. at 616). This outlet project is an outfall storm sewer and water level control system which controls flood elevations within the wetlands and discharges surface water from the wetlands through storm sewers into the Rum River. (T. at 582-587). The project constructed a 15 inch pipe which controls the level of surface water in Dehn's Pond and adjoining wetlands, part of which is owned by Appellant. (Id.). Another 15 inch storm water pipe provides an outfall pipe from the Northglen Holding Pond and the Anoka County Wetland. (Id.). The two, outfall pipes meet at a common manhole along County Road No. 11~ and discharge into pipes that eventually empty into the Rum River. (Id.). -6- Andover's flood plain was established under the HUD Flood Disaster Act of 1973 with a flood plain elevation of 869 feet. (T. at 95-96). The Dehn's Pond Outlet Project No. 86-19 constructed the pipes and outlet control structures to provide an outfall elevation of 867 feet from the Northglen Holding Pond and an outfall elevation of 865.5 feet at the outfall adjoining Appellant's wetland. At the convergence of the two pipes in the manhole, a stop-log structure controls the water elevation of the wetlands to elevation 866 feet prior to its discharge into the 21 inch pipe running southerly along Anoka County Road No. 116. (T. at 582). The Dehn's Pond Outlet Project No. 86-19 lowers the 100 year flood level by one foot over the entire Sonsteby wetlands, Dehn' s Pond, Anoka County Wetland and the Northglen Pond. Sonstebv, supra. The City of Andover assessed Sonsteby as well as all properties that received a special benefit from the installation of the Dehn's Pond Outlet Project No. 86-19. The Anoka County District Court, and this Court, determined that Sonsteby's property did benefit in the amount of $41,000.00 as a result of the design and construction of the outlet pipes. Sonstebv, supra. This Court discussed the benefit to Appellant by the construction of the storm water pipes in project 86-19 as follows: Here, the record demonstrates that the project's use of outlet pipes to control water levels has left Sonsteby with a new benefit of 12 acres of land on high ground. In addition, t,here is evidence -7- that Sonsteby now has an outlet to remove water that would previously have been trapped within the boundaries of her property...the trial court correctly found a special benefit to Sonsteby's property. Sonstebv, suora. The Sonsteby residence located on 141st Avenue was moved onto a knoll in approximately 1968 above the flood plain of 869 feet. However, the north wall of her basement was so constructed by Appellant to provide for a garage door opening at the basement floor elevation of 866.5 feet. (T. at 644). The 100 year flood elevation is 869 feet and the DNR normal ordinary high water mark (NOHW) is at 866.5 feet elevation for Dehn's Pond and the adjoining wetlands. (T. at 558). The DNR establishes NOHW elevations by evaluating the soil, types of aquatic vegetation found in lowlands and by evidence of prior flooding over long periods of time. (T. at 549). The record above average rainfall from 1982 until 1986 resul ted in ground water elevations which exceeded the NOHW during periods in 1985 and 1986 in the Dehn's Pond and the adjoining wetlands of Appellant and other landowners. (T. at 640). In May 1986, surface water existed at elevations 866.5 such as the basement elevation of Appellant. (T. at 644). In May 1986, the ground water level as reflected in the surface of Round Lake was elevated to 868 feet. (T. at 640). At that time water from Round Lake flowed southward in the di tches maintained by Appellant ...,and into a 12 inch corrugated . pipe that connected to all of Appella~t's ditches at that time. _R_ (Exh. 37 through 42). (Exh. 43, videotape of water flow through corrugated pipe). Surface water was passing through the 12 inch corrugated pipe at the rate of one cubic foot per second (CFS). (T. at 789). This is equivalent to 43 acre-feet of water per month from Round Lake into Appellant's ditch system and adjoining wetlands during the above average rainfall and rise in ground water elevations of 1986. (Id.). Commencing in 1980, a residential and commercial development was commenced known as Northglen and Northglen III located on approximately 89 acres east of Round Lake Boulevard. (Exh. 8). Part of the commercial development on the south- southwest quadrant of the Northglen development drained south into the Anoka County highway drainage system. Part of the northeast quadrant of the Northglen development drained north and east into drainage ditches tributary to Coon Creek. A large part of the 89 acres drained via a storm pipe directly into a 15.8 acre designated holding pond. (T. at 594-595). The Northglen Holding Pond was owned by the developers of Northglen subdivisions. (T. at 596). In the year 1983 to 1985, Northglen constructed residential subdivisions known as Northglen II, IV and V on approximately 44 acres south of the Northglen Holding Pond. The developer of Northglen specifically designated the 15.8 acre Northglen Holding Pond as the depository for the storm water from all of the Northglen subdivisions. (Id. ) . The Northglen Holding Pond was located south of that portion of Appellant's wetlands purchased by' Anoka County in 1987. (Exh. 8) . -9- As part of its platting process, the City of Andover and its consulting engineer firm of Tol tz , King, Duvall and Anderson (TKDA) determined that the proposed Northglen Holding Pond of approximately 15.8 acres could assimilate the storm water f~ow tributary from the Northglen subdivisions without any interference with other privately owned property. (T. at 605). ARGUMENT I. Standard Of Review. This is an inverse condemnation action and Appellant seeks review of the trial court's judgment denying Appellant's petitions for writ of mandamus. Whether a "taking" has occurred in a constitutional sense is a question of law for the trial court. Alevizos v. Metropolitan Airport Commission, 216 N.W.2d 651 (Minn. 1974); Fitaer Brewina Co. v. State, 416 N.W.2d 200 (Minn.Ct.App. 1987). Appellate courts may review questions of law de novo. A.J. Chromv Construction Co. v. Commercial Mechanical Services. Inc., 260 N. W. 2d 579 (Minn. 1977). However, appellate courts will only reverse the judgment of a trial court upon application for mandamus relief where there is no evidence which reasonably tends to support the trial court's findings. Popp v. Citv of Winona, 430 N.W.2d 19 (Minn.Ct.App. 1988); Banner Grain Co. v. Houahton, 170 N.W. 853 (Minn. 1919). II. The Trial Court Applied the Correct Leaal Standard of Constitutional Takina. Article 1, Section 13 of the Minnesota Constitution provides that "private property s~all not be taken, destroyed or '. damaged for public use without just', compensation". Minnesota -10- Statute Section 117.011 empowers municipalities with the tool of eminent domain and just compensation is required for every "taking" . The Minnesota Supreme Court long ago established that in order for a landowner to prevail on a claim of inverse condemnation, the person must show that there has been substantial interference with private property which destroys or lessens its value, or by which the owners' right to its use or enjoyment is in any substantial degree abridged or destroyed. Nelson v. Wilson, 58 N.W.2d 330, 335 (Minn. 1953). The often repeated factors which the Supreme Court in Nelson directed trial courts to examine in determining whether an interference amounted to a "taking" were the "frequency, regularity, and permanency. of the interference. 58 N.W.2d at 335. An interference which is merely occasional or temporary in nature would not constitute a "taking." Id. Subsequent decisions applying Nelson have established a two-part test to be applied in cases involving inverse condemnation. Alevizos v. Metropolitan Airport Commission, 216 N.W.2d 651 (Minn. 1974). First, the property owner must show a direct and substantial invasion of their property rights of such magnitude that he or she is deprived of the practical enjoyment of the property. Second, that the invasion results in a definite and measurable diminution of the market value of the property. 216 N. W. 2d at 662. ' Significantly, the Alevizos decision held that: , , -11- To justify an award of damages, it must be proved that these invasions of property rights are not of an occasional nature, but are repeated and aggravated, and that there is a reasonable probability that they will be continued in the future. Id. Appellant argues that the trial court applied an incorrect legal standard for determining whether a taking had occurred. Appellant's Brief at 19. Appellant asserts the trial court failed to consider the "test" for "taking" contained in Spaeth v. City of Plymouth, 344 N.W.2d 815 (Minn. 1984). In its conclusions of law, the trial court cited as authority for its analysis Nelson and Love v. Burlinaton Northern. Inc., 407 N.W.2d 452 (Minn.Ct.App. 1987). While the trial court did not cite or specifically discuss Spaeth, Love v. Burlinaton Northern discusses Spaeth at length. Consequently, it must be allowed that the trial court considered Spaeth as welL In Love v. Burlinaton Northern, plaintiff landowners commenced an action seeking to prevent the installation of a drainage culvert. The court recognized that there had been intermittent flooding of the landowners' property in the past and conceded that the culvert would exacerbate the problem. The court held that, even so, the question of whether the installation of the culvert would constitute a taking was speculative. 407 N.W.2d at 455~~, The landowners had failed to prove that the intermittent flo.oding would be of sufficient -l2- "frequency, regularity, and permanency" to constitute a taking under Nelson. Id. The Court discussed Spaeth and pointed out that the facts presented in that case did lead to a determination of a "taking". The Court noted that in SQaeth the landowner's property was continually occupied by standing water. Id. In Spaeth, the Supreme Court held that where government action results in a permanent physical appropriation or occupation there is a "taking" in the constitutional sense. 344 N.W.2d at 821. Addressing the "frequency, regularity, and permanency" factors established by the Court in Nelson, it was further held that " permanent" means "a servitude of indefinite duration" even if intermittent. 344 N.W.2d at 822. Contrary to Appellant's suggestion, Spaeth does not establish a test for constitutional taking separate from Nelson. In Spaeth, the Supreme Court reemphasized its holding in Nelson that "whether occasional flooding is of such frequency, regularity, and permanency to constitute a taking and not merely a temporary invasion.. .is a question of degree...." (emphasis deleted). 344 N.W.2d at 822 auotino, Nelson, 58 N.W.2d at 335. Further, the evidence regarding flooding in Spaeth is wholly different from the case at bar. In the instant case, the evidence shows more than occasional water accumulation; rather, a portion of Spaeth's property has generally remained flooded for approximately three years. It also appears that the situation will continue. -13- Thus, the evidence establishes that the City is reluctant to entirely abandon Spaeth's property as a ponding area. 344 N.W.2d at 822. In Spaeth, the landowner's property was continuously flooded 'and the flooding would continue in the future. Further, the city intended to continue using the landowner's property as a holding pond. Id. In the instant case, the City of Andover required the Northglen developer to provide its own holding pond to assimilate any storm water from its subdivisions. (T. at 596). In fact, Northglen provided a 15.8 acre holding pond and the consulting engineers for Andover determined that said Northglen Holding Pond could assimilate the storm water tributary from the Northglen subdivisions without any interference with other privately owned property. (T. at 596-608). Most of the lowlands in Andover and the Twin Cities became inundated with water after the record continuous rainfalls from 1982 to 1986. (T. at 640). In response to the concerns of its residents and in cooperation with the County of Anoka, the DNR and the City of Anoka, Andover constructed Oehn's Outlet Project No. 86-19 and installed a storm sewer system in order to provide an outlt for the water trapped in the wetlands of Appellant and other residents owning wetlands. (T. at 593). In addition to the above governmental action, Anoka County purchased 23 acres of Appellant'~wetlands and blocked any flow from said 23 acres into Appellan~~s ditch system by constructing _14_ a dam and weir at the elevation of 868 feet at its northern boundary. (T. at 581). When considering the actions taken by the government with respect to Appellant, it is important to remember that it was not the actions of government that caused the unusually high water levels in 1985 and 1986 throughout Andover and the Twin Cities area. (T. at 647, 652 and 777). Appellant's property has historically been a lowlands/wetlands area. Appellant placed her residence on a high knoll but constructed the slab for the basement at an elevation of 866.5 feet which is 2.5 feet below the flood plain level for that area and at the normal ordinary high water mark. (T. at 644). Appellant developed other parcels of her property on higher ground for residential purposes and devised the development so that the runoff water would be directed to return to the lowland areas of her remaining wetlands. (T. at 103). Appellant constructed a ditch system interrupting the natural lowland area which retained standing water in her ditches. (T. at 578). Appellant constructed a 12 inch culvert connecting her ditch system with Round Lake. (T. at 640). In times of lower than normal ground waters the lake may be a depository of water from Appellant's ditches. However, during normal water level periods and during high water level periods as experienced by Appellant in 1985 and 1986, water will run from Round Lake through the 12 inch culvert and onto Appellant's property through her ditch system. (T. at 503, 786-787). -15- Since the completion of Dehn's Pond Outlet Project No. 86-19, aside from water in Appellant's man-made ditches, Appellant has had no standing water on her property and has had no complaints of flooding on her property or on any of the contiguous wetlands despite the fact that 1990 saw 10 inches of above average rainfall. (T. at 620, 636, 643, 646-647). Appellant's insistent reliance upon Spaeth serves only to illuminate the weaknesses in Appellant's case and points out the propriety of the actions taken by Andover to assist its residents. Appellant submitted no evidence tending to prove that the high water in her lowlands was in any way caused by actions taken by Andover. Respondents demonstrated that the elevated ground water was, in fact, caused by the natural consequence of unprecedented heavy rains in the lowlands which was exacerbated by Appellant's own development and misuse of di tches and a culvert system to drain water from Round Lake onto her property. Appellant submitted no evidence challenging the reasonableness of the mitigation actions undertaken by Respondents or showing that her property will ever again be subject to the water resulting from the wettest five years on record from 1982 to 1986. There has been absolutely no evidence submitted whatsoever that would penuit the conclusion that flooding has been regular, repeated, aggravated or probable. -16- III. The Trial Court's Findinas Are Amplv Supported Bv The Evidence. A. Appellant's propertv is historicallv wetlands. In order for the trial court to accurately assess the impact of rainfall, high ground water elevations and residential "" construction upon this area, including Appellant's property, it was necessary to consider the historic nature of the property. It is necessry to take into account the nature of the property in question to consider the likelihood of future claims of flooding and its alleged causes. Appellant's property is part of a much larger area known as the Anoka County Sand Plain. (T. at 504). This is a very large area of deep sand, ranging from 30 to 40 feet on average, and which is very uniform. (T. at 505). Water flows through the sand freely and it has a very high infiltration rate with an ability to absorb rainfall. (T. at 505). The ground water table is reflected in the various water surfaces found anywhere on the sand plain. (T. at 507). Surface water typically reflects the ground water table at that point. (T. at 508). Ground water tends to flow from high point to low point and in the Anoka County Sand Plain the ground water flow tends to be from a high point in the East Bethel area south- southwestward through Appellant's soils and the surrounding area toward the confluence of the Rum and Mississippi Rivers. (T. at 508). Given the nature of the',', sand plain, a high amount of rainfall very rapidly results in rises in the ground water -17- elevations. (T. at 510). Ground water seeks the shortest way to an outlet. (T. at 509). Soil surveys reveal that most of the property in question is either of high water table or is peat and muck. (T. at 555-556). This includes Sonsteby wetlands, Northglen Holding Pond, the Anoka County Wetland area and the Dehn' s Pond area. (Id.). In fact, the Northglen Holding Pond and the Anoka County Wetland was at one time one uniform natural depression until Appellant or her predessor dug a ditch between the parcels and piled the spoils on the south side of the ditch. (T. at 576-578). Soil surveys also reveal that much of the land still owned by Appellant is of the peat variety which is flooded frequently. (T. at 557). There is a strong correlation between flood levels and the formation of peaty soil. (T. at 558-559). Soil that is deep peat, such as the Northglen Pond and the Anoka County Wetland, has been wet frequently throughout its life. (T. at 549). Soil composition is a factor taken into account by the DNR when it establishes the normal ordinary high water mark (NOHW) for an area. (T. at 549). For example, the NOHW for Sonsteby wetlands-Dehn's Pond area is 866.5 feet. (T. at 558). The NOHW represents a ground water elevation that is reached once every ten years. (T. at 519). The NOHW for the spot where Appellant installed her garage slab is 866.1 feet depending upon the benchmarks used by the respective experts. (T. at 644). In any event, Appellant placed her g~rage slab at or slightly below -18- the NOHW. In a state of nature, she could expect to be flooded once every ten years. Appellant placed her house and living area high on a knoll that has never been damaged by water. The existence of marshy soils and plant life and the absence 'of mature trees in an area reflects that the area has been wet frequently throughout its life. (T. at 549,554). This is the case with respect to much of the lowland property in this area. The trial court's findings regarding the wetlands nature of this area are abundantly supported by the evidence. B. The floodina experienced bv Appellant was not caused bv actions taken bv Respondent Ci tv of Andover. Various man-made activities have historically affected the flow of surface water in this area. The construction of Round Lake Boulevard caused that roadway to act as a dam and prevent surface water that would naturally flow from the Northglen Addition and the Quickstrom Addition through Rosella's Addition and into what is now known as the Anoka County Wetland. (T. at 576). A number of depressions that in the past acted as holding ponds have been filled in during the course of residential development. (T. at 574). For example, the area known as Rosella's Addition was filled in by Appellant as part of developing her property. (T. at 68). Surface water that would have remained in that area now flows into the Anoka County Wetland. (T. at 103). There is a ridge line which runs between Round Lake and the Sonsteby lowlands which woutd have prevented the flow of -19- surface water from Round Lake to Appellant's lowland area. (T. at 574). Historically, Round Lake used to outlet at its north and flow westerly toward the Rum River. (T. at 574). However, Appellant constructed a culvert and 12 inch pipe system connecting Round Lake to the various ditches on Appellant's lowland area. The intent of the culvert was to drain water from the lowland area into Round Lake. During the period in 1986 of high ground water elevation, this culvert system backfired and drew water from Round Lake onto Appellant's property through the 12 inch culvert and ditch system. (T. at 509, 535, 786-787). Another man-made change impacting upon the flow of surface water involves ditches on Appellant's property. A peninsula is situated between Appellant's wetland area and the Anoka County-Northglen Wetland areas which acts as a natural divider and prevents the flow of surface water between these two lowland areas. (T. at 557). However, the ditches dug by Appellant or her predecessor permitted this flow of water. (T. at 574). Also, the Anoka County Wetland and the Northglen Pond were formerly part of the same natural depression. (T. at 578). They were divided by a ditch dug by Appellant. (Id.). The spoil from the ditch was placed on the south side of the ditch and effectively acted as a dam preventing the flow of water between these two wetland areas. (Id.). The truth of this history of water flow was revealed during the period 1982-1986 when,the area experienced extreme or near extreme levels of precipita~ion. (T. at 636-637). 1985 -20- ended the second wettest five year period on record. (T. at 656). During that period Anoka County received 25.5 inches of rain above what would normally have been expected. (T. at 636). As was discussed above, the soil in the Anoka County Sand plain is highly permeable and the rain water was rapidly absorbed into the ground water table and flowed freely throughout the area. (T. at 505). All of the lowland property in this area, including Appellant's lowlands, were flooded. (T. at 640). Because Appellant built her garage slab at the normal ordinary high water mark, she experienced flooding at the garage slab. (T. at 643-644). During this period the lowlands on the Sonsteby property and the Northglen Holding Pond area were largely under water. (T. at 640). The Dehn's Holding Pond area was entirely open water in 1985 and 1986. (Id.). Round Lake experienced extremely high water elevation of 868 feet. (Id.). Appellant has failed to prove that any actions taken by the City of Andover caused the flooding of which she complains. Since the flooding was simply a result of a state of nature there can be no recovery. State v. Bentlv, 71 N.W.2d 780 (Minn. 1955). There the court held: We are forced to reach the conclusion that...no additional, or greater, amount of water flows past or upon petitioners' land by reason of the construction and operation of any of the projects mentioned in these proceedings and that petitioners' land would have been damaged in substantially the same manner in a state of nature...and that therefore the petitioners' land has ",not been taken, , , -21- damaged or destroyed by the State of Minnesota. Id., at 787. Similarly, Appellant has not and cannot establish that the flooding experienced by her in the past and feared by her for the future has been or will be caused by any actions taken by Respondent City of Andover. To the contrary, as will be demonstrated below, the various flood mitigation efforts undertaken have effectively protected Appellant. Appellant repeatedly acknowledges throughout her brief the speculative nature of her claim and of the supposed flooding hazard. It is "the probability of a future extreme flooding event that forms the basis of appellant's claim." Appellant's Brief at 12. And "the potential for water flow on Appellant's property exists in every rainfall or snow melt event." Appellant's Brief at 14. For a fact, there has been no standing water in any of the lowland areas since 1987 and through the time of trial in 1990. There has been no flooding or water problems on Appellant's property or in the Anoka County Wetland or the Northglen Holding Pond. This is all in spite of the fact that the year 1990 saw 10 inches of above average rainfall. (T. at 620, 636, 643, 646-647). C. The Northalen Holdina Pond will adeauatel v hold water runoff from the Northalen develooments. Plans for the residential development of a parcel of land lying east of Round Lake Boulevard and north of Bunker Lake Boulevard was reviewed by the City of Andover in 1979. This -22- development is known as Northglen. Other plans for the development of Northglen II, IV and V for an area south and west of the original Northglen were also developed in 1984. City engineers and developers determined that a 15.8 acre area of lowland' owned by Northglen would be set aside and used as a holding pond to receive storm water from the Northglen developments. (T. at 596). This is the Northglen Holding pond, dedicated on the plat as a holding pond. As discussed above, the Northglen Holding Pond is adjacent to and immediately south of the Anoka County Wetland. At one time, these two parcels were part of the same natural depression and were not separated. Appellant or her predecessor dug a ditch between the two parcels and piled the spoil to create a berm on the south side of the ditch. (T. at 578). Appellant used the Anoka County Wetland area as the recipient of storm water from her own developments but the barrier she erected between the two prevents her from sharing with the use of the Northglen Holding Pond. The 23 acre Anoka County Wetland area was subsequently condemned as part of the flood mitigation efforts associated with the construction of Anoka County Road No. 116. At trial Respondent City of Andover demonstrated through the testimony of its consulting engineer, Terry Huntrods, that the Northglen Holding pond would adequately assimilate storm water flow from all of the Northglen develop- ments without adversely ilnpacting other properties, including -23- those owned by Appellant. (T. at 596-608). Mr. Huntrods utilized a computer model to measure the capacity and effectiveness of the Northglen Holding Pond. ( Id. ) . Such computer models are universally accepted and are the most detailed and accurate method for analyzing holding ponds and storm water runoff. (T. at 609). The computer model is an "event based model" and looks at a specific storm event and predicts how the watershed will react to it. (Id.). The specific storm event or "critical event" selected by Mr. Huntrods in the computer model was the 100 year, la-day snow melt event. (T. at 597). This event would happen only once every 100 years and is a la-day snow melt of approximately 7.4 inches of moisture content released in a 10 day period upon frozen ground. ( Id. ) . In effect, that is 74 inches of snow being released from the Northglen developments in a 10-day period upon frozen ground and discharging into the Northglen Holding Pond. (T. at 599). In constructing the model Mr. Huntrods considered the land use, housing density, grading plans, soil types and distances of water flow. (T. at 598). He characterized this critical event as the most rigorous storm water event for developers such as Northglen to meet. (T. at 599). By use of the computer model Mr. Huntrods concluded that the critical 10-day snow melt event would cause 36 acre feet to be delivered to the Northglen Holding Pond over the la-day period. (T. at 599). ~ concluded that the Northglen . . -24- Holding Pond would hold the 36 acre feet of storm water runoff without impact to other properties. (T. at 605). Mr. Huntrods also concluded that the Northglen Holding Pond could assimilate 101 acre feet of storm water discharge into the pond on an annual basis. (T. at 608). Appellant's expert, Mr. Skoglund, conceded that the likelihood of storm water flowing from the Northglen Pond and onto Appellant's land could only theoret- ically occur through a ditch separating the properties. (T. at 356-357). The ditch is maintained by Appellant and can be filled at any time. Additionally, the DNR has mandated that the ditch be permanently maintained at an elevation of 868 feet thus assuring that the wetlands will always be separated from the Sonsteby lowlands. (T. at 581). Consequently, the trial court correctly concluded that no damage has ever been done to Appellant's property as a result of storm water flow from the Northglen Holding Pond. In fact, there have been no complaints of flooding of any sort on this or any other property in the area since 1987 upon completion of other flood mitigation efforts. Clearly, the flooding on Sonsteby's property that occurred in the mid-1980's was a result of the wetland nature of the area and the fact that she maintained a ditch system attached to a culvert that she installed which allowed water to flow from Round Lake and onto her property. -25- O. The Dehn's Pond Outlet proiect and other mitiaation actions taken bv Respondents provides an outlet for' the discharae of storm water from Appellant's propertv. In 1985 Anoka County proposed to reconstruct and align County Road No. 116. The new alignment passes through protected ONR wetlands known as Oehn' s Pond and other wetland which was partially owned by Appellant. (T. at 579, 615). Because the construction would be filling in part of the wetlands, the ONR mandated that Anoka County provide alternative wetlands to mitigate for the loss. (T. at 616). Anoka County completed condemnation of the 23 acre parcel of property owned by Sonsteby and called the Anoka County Wetland. (T. at 14, 89). This is the property adjacent to the Northglen Holding Pond. The 23 acre wetland is physically separated from Appellant's remaining property by a peninsula of high ground and acts as a further physical barrier between the Northglen Holding Pond and any property owned by Sonsteby. (T. at 578). Prior to 1987 the lowlands in question, Anoka County Wetland, Oehn's Pond and the Northglen Holding Pond, among others, did not have a storm water outlet. (T. at 618). In conjunction with the County Road No. 116 construction project, the City of Andover constructed the Oehn's Pond Outlet Project No. 86-19 which provided a piped outlet for storm water from the Sonsteby wetlands, Dehn' s Pond, the Anoka County Wetland, the Northglen Holding Pond and other. adjoining properties. (T. 616). Construction was completed in 1987 and was based upon a detailed drainage study by the County of Anoka in cooperation -26- with the cities of Anoka and Andover. The Oehn's Pond Outlet project constructed a 15 inch pipe with an inlet at elevation 867. (T. at 617). The flow of the water in the pipe is from the Northglen Holding Pond westward to the County Road No. 116 right-of-way. There it meets another 15 inch pipe which leads from property owned by Appellant at an area known as Oehn' s Pond. (T. at 617). The two pipes are combined in a manhole into a 21 inch pipe which runs south along County Road No. 116. The oehn' s Pond outlet project is designed and constructed to receive water from the wetlands at an elevation of 866 feet and provides a piped storm outlet that lowers the 100 year flood level by one foot on Appellant's property, Oehn' s pond, Anoka County wetland and the Northglen Holding Pond. (T. at 593). It is undisputed that Appellant received a benefit to her property by the installation of the Oehn' s Pond Outlet Project. Appellant was assessed the amount of $41,000.00 representing the benefit to her property and that assessment was upheld at trial and on appeal. Sonstebv, supra. The Dehn' s Pond outlet system was also designed to discharge storm water from Appellant's property at a lower level of 865.5 feet by use of stop-logs which allows for drainage of spring runoff. These flood mitigation efforts serve not only to ensure that surface water does not flow onto Appellant's property but the Oehn' s Pond Outlet project actually removes water from Appellant's land that had been previously trapped on her property. Appellant's claim tha~ somehow her property is still -27- adversely affected by the Northglen developments or by other runoff has no factual basis, no basis in the evidence and is admittedly speculative. CONCLUSION " After five days of testimony and over 100 exhibits, the findings made by the trial court were deliberative, detailed and well founded. The analysis applied to the evidence by the trial court was well reasoned and based upon the proper legal standards. The storm water from the Northglen developments is assimilated into the designated Northglen Holding pond. The City of Andover has not contributed to the flow of water onto Appellant's property and, in fact, has engaged in substantial efforts to mitigate the retention of water in wetlands by construction of the Dehn's Pond Outlet Project. The condemnation by the County of Anoka of the 23 acre Anoka County Wetland has further provided a buffer for Appellant. Higher than usual water levels that occurred in 1985 and 1986 in the wetlands of Appellant and others is directly attributable to the excessive rainfall cycle from 1982 to 1986. Finally, Appellant caused water from Round Lake to be drained onto her property by the maintenance by Appellant of a ditch system and culvert system leading from Round Lake to her wetlands. The judgment entered by the trial court should be affirmed. Clearly, Appellant's request for a new trial has no support in the , , -'2R- evidence or law. Respectfully submitted, , " By /)t, ohn M. Burke Bu and Hawkins 29 oon Rapids Blvd. Suite 101 Coon Rapids, MN 55433 (612) 784-2998 Atty. I.D. '13158 Attorney for Respondent City of Andover .' . -29- INDEX TO APPENDIX Sonstebv v. Citv of Andover, C3-87-106S4 (Minn.Ct.App. 1989) (unpublished opinion) ........... . . Paae A-I ;! ~'. I :..~.....,.\ '~:!:.'!':~'.',:, .:.~:.~' ::-:':~::!. '..i '...~" ".';";,: : " ,... I ..0' ",. t. STATE OF MINNESOTA IN COURT OF APPEALS C3-89-327 Anoka County Kalitowski, Judge Appellant, Pro Se 4151 - 141st Avenue N.W. Andover, MN 55303 Rosella Sonsteby, VB. City of Andover, John M. Burke Burke , Hawkins 299 Coon Rapids Blvd'. suite 101 Coon Rapids, MN 55433 Filed July 11, 1989 Office of Appellate Courts Heard, considered and decided by Kalitowski, Presiding Judge, Respondent. Parker, Judge, and Foley, Judge. U N PUB LIS H E D o PIN ION KALITOWSKI, Judge FACTS This appeal arises out of a special assessment by the City of Andover against property owned by Rosella Sonsteby for the Dehn'8 Pond Storm Sewer Outlet Project (project). Following adoption of the special assessment in September 1987, Sonsteby filed an appeal to the trial court maintaining that she is not receiving any special benefit from the Project. The trial court affirmed the special assessment finding ',that" the evidence demonstrates , " !\'Y that Sonsteby received a special benefit and that she failed to demonstrate that the assessment was greater than the benefit received. ..... D E CIS ION '! The standard for this court in reviewing a district court's determination of a special assessment is stated in Carlson-Lang Realty Co. v. City of Windom, 307 Minn. 368, 373, 240 N.W.2d 517, 521 (1976): The scope of our review is a careful examination of the record' to ascertain . whether the evidence as a whole fairly supports the findings of the district court and whether these in turn support its conclusion of law and judgment. Id. Limitations on a city's power of special assessment are: (a) The land must receive a special benefit from the improvement being constructed, . (b) The assessment must be uniform upon the same class of property, and (c) The assessment may not exceed the special benefit. Carlson-Lanq Realtv Co., 307 Minn. at 369, 240 N.W.2d at 519. S1milarly, :Minn. Stat. S ~29.051 (1988) provides the cost of any improvement "may be assessed upon property benefited by the. improvement, based upon the benefits received." Id. ,Here, the record demonstrates that the project's use of outlet pipes to control water le~els has left Sonsteby with a , new benefit of 12 acres of land 'pn high ground. In addition, "------.-" --' , . ' there is evidence 'that' sonstel:iy' 'noW' : has- an outlet to remove , I -2- ~/J- ; water that would previously have been trapped within the ~.).. boundaries of her property. Finally, the rate of assessment was ~~ applied uniformly and was appropriately based upon an Analysis ..-- of comparable sales. The trial court correctly found a special,! benefit "to Sonsteby's property. The evidence supports the Aff irmed. conclusions. .~~. 1-')-~~ court's findings and '. . ' , -3- 1\ ~) .,.. ~- ~~ CO U N TY OF -to c.c" , 4/7/12- ANOKA ~ Office of the County Board of Commissioners COURTHOUSE ANOKA, MINNESOTA 55303 612.421-4760 March 26, 1992 [} E t E~ \l~-D'~ ' i \1 MAR 3-0 ~, ~ ~ CITY OF ANDO'li:R .. Mr, James E. Schrantz Administrator, City of Andover 1685 Crosstown Blvd. NW. Andover, MN 55304 Dear Mr. Schrantz: Please be informed that the Anoka County Board of Commissioners, at the most recent meeting of Tuesday, March 24, 1992, adopted Resolution #92-25, Resolution Clarifying Limitations on Anoka County's 1993 Tax Levy, a copy of which is attached hereto. Should you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, ~ Tim Yantos Deputy County Administrator 0~ W:pd Enclosure Affirmative Action / Equal Opportunity Employer ....1 , \ , BOARD OF COUNTY COMMISSIONERS Anoka County, Minnesota DATE: March 24, 1992 OFFERED BY COMMISSIONER: McCarron RESOLUTION #92-25 RESOLUTION CLARIFYING UMITATIONS ON ANOKA COUNTY'S 1993 TAX LEVY WHEREAS, the Anoka County Board of Commissioners, pursuant to Resolution #92-13, imposed certain limitations on Anoka County's 1993 tax levy; and, WHEREAS, the Anoka County Board of Commissioners believes that said limitations as adopted are 'insufficient to adequately address the assurance that property tax increases will be controlled, and that said Resolution #92-13 should be further clarified: NOW, THEREFORE, BE IT RESOLVED that the Anoka County Board of Commissioners does hereby impose the following property tax levy limitations for taxes payable in 1993, when compared to the amount levied for these purposes for taxes payable in 1992: 1- 2, Social Services Balance of Total Levy 15% or the amount allowed by State staMe 3% increase BE IT FURTHER RESOLVED that any such levy limitations are effective only to the extent that they do not conflict with or exceed those which may be enacted by the State of Minnesota for taxes payable in 1993. BE IT FINALLY RESOLVED that copies of this resolution shall be distributed to the chairperson of the Anoka County Legislative Delegation, the Metropolitan Inter-County Association, the Minnesota Association of Urban Counties, the Association of Minnesota Counties, all elected city and township officials within the County, the chairperson of all school boards within the County, and all Anoka County division managers and department heads, District #1 - Berg Dislrict #2 - Burman District #3 - Langfeld District #4 - Kordiak District #5 - Cenaiko District #6. McCarron District #7. Erhart YES X Absent X X X X X NO Berg Burman Langfeld Kordiak Cenaiko McCarron Erhart STATE OF MINNESOTA ) 55 COUNTY OF ANOKA ) I, John "Jay' McUnden, County Administrator, Anoka County, Minnesota, hereby certify that I have compared the foregoing copy of the resolution of the County Board of said County with the original record thereof 0'1 file in the Administration Office, Anoka County, Minnesota, as stated in the minutes of the proceedings of said Board at a meeting duly held on March 24, 1992, and that the same is a true and correct copy of said original record and of the whole thereof, and that said resoll:tion was duly passed by said Board at said meeting, Witness my hand and seal this 24th day of March, 1992. ~lPId.~ J N 'JA c NDEN COUNTY ADMINISTRATOR METROPOLITAN COUNCIL 10 c.C, 4/7/9 z- ~ f {)J;-t/F /f Mears Park Cellfre, 230 Elw Fifth Street, St. Paul, MN 55101-/634 6/2 29/-6359 FAX 6/2 29/,6550 TrY 6/2 29/-0904 March 27,1992 James E. Schrantz, Administrator City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304-2612 RE: City of Andover Minor Comprehensive Plan Amendment Review Weybridge MUSA Expansion-3.53 Acres Metropolitan Council Referral File No. 14206-6 Dear Mr. Schrantz: At its meeting on March 26, 1992, the Metropolitan Council considered the city of Andover's comprehensive plan amendment. This consideration was based on the following report from the Metropolitan and Community Development Committee's Consent List which was adopted by the Council: This plan amendment proposes to add approximately 3.53 acres to the city of Andover's urban service area. The area to be included is part of the Weybridge Plat located in the city limits of Andover. The thirteen lots requested to be added were stubbed for sewer as part of the Creek View Crossing Plat. The amendment is in conformity with metropolitan system plans, and raises no issues regarding other chapters of the Metropolitan Development Guide. The Metropolitan Community and Development Committee recommends approval of this plan amendment. The Council approved this staff report as its comments on the plan amendment. Sincerely, 1'J~r~ Mary E. Anderson Chair MEA:lv cc: David L. Carlberg, Planner, City of Andover Donald Bluhm, Metropolitan Waste Control Commission Richard Thompson, Metropolitan Council Staff League of Minnesota Cities 183 University Avenue East St. Paul, MN 55101 /0 ~ II March 30, 1992 To: Mayors, Managers and Clerks From: Donald ~r, Executive Director Subject: Senate Tax Bill It is urgent that you call your State Senator about the Senate tax bill. ASK YOUR SENATOR TO OPPOSE THE SENATE TAX BILL UNLESS AN AMENDMENT IS ADDED TO PROVIDE LGA INCREASES OF 4% IN 1993 AND 4% IN 1994. Please call your Senator the same day you get this letter, since the bill is expected to be considered on the Senate floor later this week. The current Senate bill hits local governments with the sales tax on local government purchases, about $72 million per year. Yet it provides only a 2% LGA increase in 1993 and 3% in 1994. This does not meet the minimum criteria established by the League. The amendment for 4% annual increases includes one-year delays in the commercial-industrial class rate reductions scheduled for 1993 and 1994, in order to provide the money for the 4% LGA increases. The House tax bill already includes the 4% annual LGA increases, so it is not necessary to call your State Representative at this time. r~ ~\ --0 ;0 cc. i!J / r; 2- Metropolitan Waste Control Commission Mears Park Centre. 230 East Fifth Street. SI. Paul. Minnesota 55101 612 222-8423 March 30, 1992 INFORMATION BULLETIN FROM THE MWCC OFFICE OF GOVERNMENTAL RELATIONS We want to alert you to provisions now being debated in the Legislature that could have serious ramifications for the Metropolitan Waste Control Commission's ratepayers. Provisions in the Omnibus Tax Bill (HF 2940 and SF 2755) would eliminate the sales tax-exempt status for political subdivisions, including the MWCC. If the bill becomes law, the Commission's annual operating budget will increase by about $2.3 million, and the Commission's annual capital development budget will increase by about $1.2 million - a total of about $3.5 million per year. The Commission is a fee-for-service agency; therefore, any increase in our expenses would necessarily be assessed to our ratepayers. Both HF 2940 and SF 2755 were considered and passed out of committees last week and will now be debated by the House and Senate within the next few days. If you have any questions, please call the Office of Government Relations at 229- 2153. Equal Opportunity/Affirmative Action Employer "'>~<D "' ~J t C j 'J-- ,;/1 f City of Ramsey 15153 NOWTHEN BOULEVARD N.W., RAMSEY, MINNESOTA 55303 . (612) 427-1410 March 18, 1992 OQ ~Q e'C) OtO;.- Mr. Dale Mashuga 14330 Osage Street N.W. Andover, MN 55303 Dale, On behalf of the members of the Ramsey Fire Department, I want to thank you for your fine assistance during the home fire on March 11, 1992. We would also appreciate any comments or suggestions you can offer relating to the fire attack. Please direct all correspondence to Chief David Griffin or Assistant Chief Dean Kapler. Once again, thank you for all your help. Respectfully, RAMSEY FIRE DEPARTMENT Chuck Williams Fire Department Secretary CW/kaj L c.. LJ /1 J q ~ ANDOVER VOLUNTEER FIRE DEPARTMENT COUNCIL COpy CALLS FOR THE MONTH OF JANUARY 1992 DAYI MTH OTR YTD FIREI NIGHTI Ii jj jj jj DATE TIME EMS WEEKEND ADDRESS REASON RESf --- --- --- ---- ----- ----- --------- ------------------------ ---------------------------- ---- 1 1 1 01/01 20:05 FIRE NIGHT 680 CONSTANCE POLE BARN FIRE 38 2 2 2 01/01 21:28 EMS NIGHT 14964 GURANI ST POSSIBLE BROKEN BACK 29 3 3 3 01/02 17:02 EMS DAY 2S37 138TH AVE INSULIN REACTION 16 4 4 4 01/03 12:01 FIRE DAY 411 DAYTON RD (CHAMPLIN) APARTMENT FIRE (MUTUAL AID) 17 5 5 5 01/03 12:51 FIRE DAY HANSON & ANDOVER CAR FIRE 17 6 6 6 01/04 16:00 FIRE DA Y (W) 2746 133RD LN NATURAL GAS LEAK 25 7 7 7 01/10 18:14 FIRE NIGHT (W) 13355 OUINN ST ILLEGAL BURN 2b 8 8 8 01/15 11:43 EMS DAY 13939 NIGHTENGALE ST ALCOHOL OVERDOSE L: 9 9 9 01/18 08:19 FIRE DAY (W) 15255 ROUND LAKE BLVD CHIMNEY FIRE 31 10 10 10 01/21 13:00 EMS DAY 610 155TH AVE FEMALE UNCONSCIOUS 11 11 11 11 01/23 12:47 FIRE DAY 13488 NARCISSUS CHIMNEY FIRE 16 12 12 12 01/27 10:53 FIRE DAY BROOKS SUPERETTE BOMB THREAT 10 13 13 13 01/29 08:42 EMS DAY 2941 169TH LANE POSSIBLE STROKE 14 14 14 14 01/30 10:49 EMS DAY 13766 SWALLOW ST DIFFICULTY BREATHING L< 15 IS 15 01/30 21:12 FIRE NIGHT CROSSTOWN & RR TRACKS AUTO P.I. 21 16 16 16 01/31 10:13 EMS DAY OUTSIDE MERWIN DRUG MAN DOWN IN PARKING LOT 11 --- ~ CALL TOTALS 308 --..- MTH OTR YTD jj jj jj DRILLS --- --- --- ----------------------------- 6 6 6 EMS DAY 01/07/92 FIRE DRILL 37 1 1 1 EMS NIGHT 01/15/92 FIRE DRILL 3t: 0 0 OEMS WEEKEND (DAY) 01/25/92 ANNUAL BUS. MTG. 40 0 0 OEMS WEEKEND (NIGHT) 01/29/92 EMS DRILL JS 7 7 7 EMS TOTAL --- - 150 4 4 4 FIRE DAY ---- 2 2 2 FIRE NIGHT 2 2 2 FIRE WEEKEND (DAY) 1 1 1 FIRE WEEKEND (NIGHT) 9 9 9 FIRE TOTAL 10 10 10 TOTAL DAY 3 3 3 TOTAL NIGHT 2 2 2 TOTAL WEEKEND (DAY) 1 1 1 TOTAL WEEKEND (NIGHT) 12 12 12 TOTAL DAY 4 4 4 TOTAL NIGHT 16 16 16 GRAND TOTAL ANDOVER VOLUNTEER FIRE DEPARTMENT CALLS FOR THE MONTH OF FEBRUARY 1992 DAY/ MTH OTR YTD FIRE/ NIGHT/ # # # DATE TIME EMS WEEKEND 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 16 17 18 TOTALS MTH OTR YTD # # # 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 17 02/02 20:41 FIRE 18 02/04 23:32 FIRE 19 02/0S OS:03 FIRE 20 02/0S 10:24 FIRE 21 02/06 17:10 EMS 22 02/10 14:35 FIRE 23 02/10 17:42 FIRE 24 02/11 09:28 FIRE 25 02/11 11:03 FIRE 26 02/12 12:37 EMS 27 02/13 07:07 FIRE 28 02/13 07:57 FIRE 29 02/16 11:35 FIRE 30 02/16 18:30 FIRE 31 02/17 08:28 FIRE 32 02/19 15:36 EMS 33 02/20 11:12 EMS 34 02/29 21:27 FIRE 4 10 10 EMS o 1 1 EMS o 0 0 EMS o 0 0 EMS 4 11 11 EMS 8 2 1 3 14 12 2 1 3 12 4 3 4 23 12 FIRE 4 FIRE 3 FIRE 4 FIRE 23 FIRE DAY NIGHT WEEKEND (DAY) WEEKEND (NIGHT) TOTAL DAY NIGHT WEEKEND (DAY) WEEKEND (NIGHT) TOTAL DAY NIGHT WEEKEND (DAY) WEEKEND (NIGHT) 13 25 25 TOTAL DAY 5 9 9 TOTAL NIGHT 22 5 3 4 22 TOTAL 5 TOTAL 3 TOTAL 4 TOTAL 18 34 34 GRAND TOTAL C,C,1/1 / ,]}/ COUNCIL COpy ADDRESS --------- ------------------------ ---------------------------- REASON # RES~ NIGHT (W) NIGHT NIGHT DAY DAY DAY DAY DAY DAY DAY DAY DAY DAY (W) NIGHT (W) DAY DAY DAY NIGHT (W) UNKNOWN AUTO PARTS CITY - HM LK 3501 131ST LN - COON RAP 15701 KIOWA 3506 134TH AVE 15300 PRAIRIE RD 249 150TH LN 2286 133RD LN 2603 140TH LN 13359 MARIGOLD CT EAST 157TH & CO RD 9 158TH & 7TH AVE 13844 ROUND LAKE 8LVD 159TH & 7TH AVE BUNKER & RR TRACKS 15821 MAKAH 13939 NIGHTENGALE UNKNOWN AUTO P.I. - 2 CAR MINOR MUTUAL AID - POLE BARN FIRE MUTUAL AID - TOWNHOUSE FIRE CAR FIRE KNEE INJURY PERMIT BURN DETACHED GARAGE FIRE SMOKE ALARM POSSIBLE BOMB NAUSEA & HEADACHE AUTO P.I. - 2 CAR HEAD ON AUTO P.I. - 1 CAR ROLLOVER POSSIBLE CHIMNEY FIRE POSSIBLE PEDESTRIAN P.I. AUTO P.I_ - 2 CAR MINOR POSSIBLE DOA WITHDRAWL AUTO P.I. - 2 CAR 28 27 24 19 15 12 27 10, 16 13 19 16 35 20 21 14 13 'I 321 DRILLS ----------------------------- 02/05/92 FIRE DRILL 02/12/92 FIRE DRILL 02/19/92 EMS DRILL 02/26/92 STATION MEETINGS 40 40 27 30 143 ANDOVER FIRE FIGHTERS Date 3/'7 /1~ , DR IT.L A'ITENDANCE '7:?st:'ll ATTEHDANCE 7)AvE /<t:TPi,J Tom _ /11 Ai ~~J, (:, e Y\ CJ!- ~ t> , " RCl <- L v ~r<-r( Y s /1 A i..J --r C~ tz... V ~tR.-e.S, ~IK'C- ( (I\. It... LLi?. , 7' ~ fV'\ , A~50" , '"JCA.-A , '... fY\ v, '1 E~J' , J A K"'f ~ <"~:J/~~ S +e o~ {'-<::, W A.. () ~ tv-. (/,l €.-f's C Y\ :3 ~. (2, e- 'r kn I,....) fI\ a."'-\<.. N e u S c. ~ IN o..-r-, d ~ f' Q,a b Pe-~ L.a..rr-'j 'F\t,<.J+- --L-0'\ A~~-!LV'.s~ ~ ~ ~ ~Jc~ N~(JQ.5 ~0 ..s b v..J <^-c~a.. .:::s:- ~ 1"0 K a \ +-~ / ~ ~~~\11~Y 1785 CROSSTOWN BLVD. NW ANDOVER, MN 55303 Instructor( s )V rJ n Sc.h v I f~ hr. ;q /bre c hot- 6~b -Pu I( (':5 ~~~p<::) II }\r\J..&. p ~ l""\ o...vt I \~ t\ 0\ (" ~ S~ Le,r~ ~~ ~ 0'0 rT.......~ .\-u. 11\/\ 'lr_ ~ , , . \ , 1"--'<- ~ ~ u f' n I u;, )pv~ {JJo (krrc->y ~G111 /q)-- ANDOVER FIRE DEPARTMENT 1785 CROSSTOWN BOULEVARD N.W. ANDOVER, MINNESOTA 55304 (')Q '% ~ (')Q ~ MARCH 17TH, 1992 TO : DENNIS JONES FROM: ANDOVER FIRE DEPARTMENT DEAR DENNIS JONES. THE MEMBERS OF THE ANDOVER FIRE DEPARTMENT WOULD LIKE TO THANK YOU FOR YOUR TIME AND TALENTS THAT YOU GAVE TO OUR DEPARTMENT. IT TAKES A VERY SPECIAL PERSON TO DONATE THE AMOUNT OF TIME AND ENERGY THAT IS SPENTWIllLE SERVING ON A VOLUNTEER DEPARTMENT. WE HOPE THAT YOUR NEW CAREER WITH THE COON RAPIDS FIRE DEPARTMENT WILL BE A CHALLENGE AND YET REW AROING EXPERIENCE FOR YOURSELF. GOOD LUCK, FROM ALL OF AT THE ANDOVER FIRE DEPARTMENT. QJrm~ DALE MASHUGA CHIEF ~ ~~ ~)1 )qJ-' ANDOVER FIRE DEPARTMENT 1785 CROSSTOWN BOULEVARD N.W. ANDOVER, MINNESOTA 55304 OQ '% ~ OQ ~ TO : SCO'IT PRIEB REGARDING: DRY SUIT DEAR SCOIT PRlEB, THE MEMBERS OF THE ANDOVER ARE DEPARTMENT WOULD LIKE TO THANK YOU FOR YOUR ASSISTANCE IN OUR Will SUIT TRAINING. IT IS WITH THE HELP OF PEOPLE LIKE YOURSELF THAT WE ARE ABLE TO CONTINUE ARE TRAINING. WITH THIS CONTINUE TRAINING WE ARE ABLE TO PREPARE OURSEL YES FOR THE DAY THAT THIS SERVICE WILL BE NEEDED.. THANK YOU AGAIN. ANDOVER ARE DEPARTMENT. OJ,/J1; ~~ DALE MASHUGA CHIEF DA VID L. SZYPLlNSKI SECRETARY , I March 26, 1992( I ~.J l'.-~1 \ q ;}-- CQUNC\L copy I1EMORANDUM To: Mayor & council From: Tom May - Fire Department Communications Coordinator Please approve the purchase of 4 Portable Radios and 6 Pagers from Motorola. Funds are budgeted in the 1992 Capital Budget. Per The Minnesota Joint Fire Agencies Purchasing Consortium bid contract # 88-910327. Item Qty Model Number & Description unit Price Ext Price --------------------------------------------..------.------.....-----------..---------------- -----------------------------_......_--~-----_._---------------------------------------- 1 2 3 4 4a 4b 4c 4d 4e 4 4 4 H43GCU7100-NjHT-1000 Portable 16-Channel NTN4633j16-hour Rapid Charger NMN6156;Speaker/Microphone 608.00 2432.00 114.00 456.00 80.00 320.00 802.00 471.00 2826.00 0.00 0.00 0,00 0.00 5.00 30.00 0.00 0.00 20.00 120.00 496.00 Portable unit Price 6 6 6 6 6 6 H03ZVC1222 CjMinitor II (SV) Pager R522j5-Year Express Warranty (Mail-In) R140jRed Housing R239jAlert on 2nd Frequency R144jAudio Only Volume Control R138iDual Call Capability Minitor II Pager unit Price: Equipment Total Freight: $6184.00 prepay & Add Total Order Amount: $6184.00 Terms: .- Delivery: 3Weeks A.R.O. Freight: Prepay & Add - Motorola Plant Payment: Net 30 Days After Receipt of order ~ t- \qr- 4\~ I\HNUTES OF THE ANDOVER Q'J~lRJ~{U.'II'~lJ~ MEETING ON MARCH 24TH ,1992 ^CJU~ II'-JI\JIIU\J '. , ...~ -'. ITEl\I 1.) CALLED TO ORDER: BY D l\'IASHUGA AT 7:03PM PLEDGE ROLL CALL: BY D. SZYPLINSKI ITEM 2.) APPROVAL OF MINUTES OF DECEMBERS MEETING ITEl\J _'.) MOTION BY LARRY CAPELING SECONDED BY 1\IARK NEUSCl-f\VANDER MOTION PASSED REPORTS OF OFFICERS AND COMl\UTTEES ~ OFFICERS REPORT ( J PEIRSON ) PAUL DISCUSSED: RAM IS BEING EXCHANGED FOR A TWO PIECE UNIT THAT WILL SERVE ARE NEEDS BETTER. JIM DISCUSSED ABOUT THE CHAIN OF COMM:AND AND JOB DESCRIPTIONS THE CAPTAINS POSITION AT STATION #3 IS ON HOLD AT THIS TIME ... ~ PERSONNEL COMMITTEE ( R. VIEKANT ) RANDY PRESENTED K. RUBEDOR REQUEST FOR TWO 30 DAY LEAVE OF ABSENTS, MOTION BY 1\1- SillLLING : THAT K. RUBEDOR BE GRANIED A 60 DAY LEAVE SECONDED BY PAUL GENGLER. MOTION PASSED TIIE PICfURE ID ARE READY RANDY NEEDS YOU TO FILL OUT NEW INFORMATION CARDS _ * * * EMS ( J. ANDERSON) NEEDS EVERYBODY'S EXPIRATION DATES FOR THERE FIRST RESPONDER CLASS. PLEASE CONT ACT HER \VITH YOUR DATE. NEED MORE PEOPLE TO RUN RESCUE CALLS. THERE W1LL BE A REVISED TWO YEAR TRAINING SCHEDULE GOING UP. * .. :r. FIRE MARSHAL ( J NOYES ) \'lORKING ON PREPLANS TRAINING TRAILER FOR SPRINKLER SYSTEMS \VILL IN APRIL SUGGESTED TIIAT TIIE FIRE Mj\RSHALL NOW CARRY A PHONE PAGER JOYCE WILL CHECK INTO WIS. BURNS ARE FROM 6A!vf TO 6PM Ol'<L Y TIIE CIn' IS REVIE\\o1NG WE PROPOSAL TO INCREASE BURN PERMITS TO $10 * * * * * * TRAINING OFFICER ( P. NELSON ) REVIE\\oED UP COMING TRAINING SCHEDULE 11:00 AM ON SATURDAY TIIERE WILL BE TRAINING ON TIIE GOAT DAY CREW IS GOING TO TRY TO CHANGE TIIERE DRILL TIMES TO 8-11AM PAST OUT STATE CERTIFICATION TO DAVE SAFFIUN. STEVE BERHOW, JOHN CARLSON AND TOM JOHNSON '" '" '" ... ~ ITEI\I 4.) COMMUNI CA TI ONS DISCUSSED PROBLEMS ON GRASS 1 AND TANKER 8 50 CALLS TO DATE COUNCIL APPROVED THE ELECTION RESULTS POSTING GOING UP FOR ALL COMMITTEES. SIGN UP FOR AT LEAST ONE JIM PEIRSON WILL NO LONGER BE CHAIRING SMALL EQUIPMENT \VE WILL NEED A NEW CHAIR PERSON '" '" '" '" '" ITEM 5. APPLICA TIONS OF NEW MEMBERS t DAVID L. SZYPLINSKI WAS ACCEPTED UNANIMOUSLY AS A ACTIVE MEMBER. ITEM 6.) OLD BUSINESS '" ENGINE #1 RAY WENT TO THE LAST COUNCIL MEETING. BIDS WILL BE GOING OUT AGAIN ON THIS ITEM. '" MSA BIDS \\1LL BE TAKEN ON MARCH 31ST AT 4:00 PM '" THE WALL FOR STATION #3 TIlESE BIDS WILL BE GOING TO COUNCIL ITEM 7. NEW BUSINESS '" TIlE GRIEVANCE COMMITTEE HAS BEEN ACTIVATED. '" MOTION BY T. MILLER. THAT THE GRIEVANCE COMMITTEE THAT IS IN PLACE WILL STAY ACTIVE UNTIL THE NEXl ELECTION ON APRIL 29TIl,1992 SECONDED BY PAUL GENGLER. MOTION PASSED '" TIM HOWE MOTIONED A CHANGE TO TIill BY LAWS IN ARTIC'LE V SECTION 4 GRIEVANCE COMMITTEE: TIfAT "TIlE COMMITTEE SHALL CONSIST OF 5 ACTIVE MITh1BERS AND 2 SUBSTIWTES EXCLUDING OFFICERS." THIS MOTION \V1LL BE VOTED ON APRIL 29TIl, 1992 '" LARRY CAPELING MOTIONED: TIfAT THE GRIEVANCE COMMITTEE BE GRANTED SEVEN ADDITIONAL DAYS TO TIIERE ALLOWED SEVEN DAYS FOR THIS CURRENT GRIEVANCE. SECONDED BY MARK NEUSCHWANDR. MOTION PASSED. '" LARRY CAPELING Vv1LL CHAIR THE FIRE DEPARTMENTS OPEN HOUSE CALL LARRY TO HELP HIM. '" TIM HOWE, LARRY Ci\PELING. LARRY ELFELT, DAVE REITAN, JACK RICHARDSON, DALE MASHUGA AND MIKE SANBORN WILL BE WORKING ON HOW TO WORK CALL BOXES, DEFINE STATION AREAS ECT. '" JANE ASKED FOR HELP AT TIlE DONIE. PLEASE SIGN UP '" NEW BRUSH COATS ORDERED AND PU}.,1I' CANS '" LARRY ELFEL T WORKING ON GETTING MUTUAL AID MAPS '" WILL BE SEEKING NEW MEMBERS FOR THE GRIEVANCE COMAlITTEE NEXT MONTIf] ITEM 8.) CLAIMS AND ACCOUNTS '" NONE PRESENTED ITEI\'I 9.) SPECIAL PURCHASES MARK INFORMED US TIlAT THE SWEATS HAVE BEEN ORDERED. ITEM 10.) MEETING CLOSED AT 8:48PM MOTION BY PAUL GENGLER SECONDED BY KEN ANDERSON TO CLOSE MEETING PASSED v ~ ~\1 ,~:y CQUNC\L COP\{ Andover Fire Department Chain of Command S.O.P. purpose The purpose of this SOP is to establish an orderly procedure in dealing with assignments, communications and conflicts. The command chain shall progress as follows: Lieutenant/Captain Assistant Chief Chief Grievance Committee Active Membership of the Fire Department City Administrator Public Safety Committee Ci ty Council procedures All communications of business within the department shall proceed through this chain in the order indicated. All official communications shall be put in writing and submitted to the next step in the command chain. If no response is given in writing within seven days (weekends and holidays inclusive), the communication may proceed to the next step in the command chain with no repercussion. In the event a firefighter has a conflict with his officer or his officer is not available within a reasonable amount of time, the firefighter may approach another officer of the same rank in the command chain. In the event of a conflict between officers and the Assistant Chief or Chief, the officer must make notification in writing of a by-pass in the chain of command. Fire Ground Command The incident commander has complete control of the fire ground or other related incidents. All communications shall be through sector officers to and from the IC. All situations on the fire ground requiring immediate action or disciplinary action shall be acted on at the discretion of the IC until it can be brought through the proper command channels. 8at /fJ.& Paqe 1 3/2)" /92- I I Date: 1785 CROSSTOWN BLVD. ANDOVER, MN. 55304 (612)755-9044' ' {;1- O~, q;o~ aO~ 'Y ~~\1\q} ANDOVER FIRE DEPT RETURN TO WORK KEDICAL RELEASE 'FORn a EllPLO~EE NAnE DATE .Joa TITl.E NATURE OF Il.UIESS.lIN.JUR~ SICK LEAVE FRon TO Th~ work 0% a xire fight~r is physically and mentally stressxul. At times, this stress r~aches maximal l~vels and rema~ns at high levels xor prolonged per~ods ox time. In addition to th~ heavy physical and mental demands placed on the individual, the external stresses (weight 0% equipment, weight oi cloth~ng, pollut~d breath~ng atmosphere, heat env~ronment, no~se level) compound the load the iire :fighter ~ncounters when h~/she is called upon to prov~de s~rv~ces quickly and saxely. Th~ cardiovascular and respiratory systems ar~ part~cularly vulnerable during th~se periods of heavy stress. wh~le the average phys~cal load during f~~e :fight~ng ~s 7 to 8 METS, th~s load at t~m~s is ~ncreased to up to 1~ METS. In terms oi heart rate response to %~re %ighting, immediately ait~r the i~re alarm sounda the h~art rate ~ncreases an average of 47 beats per minute (bpm) and ~t remains elevated near maximal lev~l for an extended period of t~me. Sustained heart rates of 16iZl to lS0 bpm have been documented in fire :fighters from the time the alarm sounds until the tire f~ghting task ~s complete. Phys~cal requirements - se~ other sid~ I have no reservations that of safely performing all duties required of a fire :fighter. is capable ANDOVER 'Volunteer COtmENTS: PHYSICIAN: Signature Phon~ (Pr~nt Namel Fac:L.l:LtyICl:Ln:Lc AddreSS C1ty State Z1p COde VOLUNTEER .FIRE FIGHTER PHYSICAL REQUIREKENTS ..J"!\1"'!,..,..nTD.,.Tnu. U~A..a..rl.a.....n.. Volunteers respond to emergency calls for var~ous reasons and at variouS hours ox the day. nost firefighters respond vith a high anx~ety level. Th~se emergency calls may be a major structure i~re or m~nor damage to prop~rty. nust ~ork under stress and make judgements ~n em~rgenc~es based on observations and facts. ~ay have to superv~s~ th~ act~vities o:f others. DE!lANDS: Carry~ng - Bes~des h~s protect~ve gear (ve~ght approx~mately 2S pounds), Sel:f Conta~n~d Breath~ng Apparatus (ve~ght approximately 3~), and other equ~pm~nt to perform various taSKS from axes to charg~d fire hoses, e~haust fans to ladd~ra. Lift~ng - Up to 200 pounds V~ct~ms Hose, ladders, exhaust fans Thes~ taSKS may require firef~ghters to r~~se th~se ~tems over the~r heads. Pull~ng - Hos~ l~nes, dry or charged Cl~mb~ng - Ladders or sta~rvays tvo or more stories h~gh Kneeling - Stooping and cravling, depend~ng on task Kust speak and hear clearly, v~th good ~ye sight. ENVIRONKEHT: Work ~n smoke f~lled to 44% Exposed, to degrees Farenhe~t. env~roo~ent, with carbon monox~de levels up extreme h~at, temperatures rea~h~ng 2,000 Firefighters can be conironted ~~th thes~ conditions ~n any weather and ~n any season of the year. PROTECTIVE EQUIPKEHT: Nomax coat and pants w~th thermal barr~er Helmet v~th eye shield Gloves, Boots, Self conta~n~d Breathing Apparatus to prot~ct respiratory system OTHER: There is an average ox 1.4 emergency calls per day. least one structure x~re per quarter. Th~re 18 at ANDOVER FIRE DEPT 1785 CROSSTOWN BLVD. ANDOVER, MN. 55304 (612) 755-9044 COu qtC~ Cb,.oy C)/ Y ~\1'~ RETURHTO WORK KEDICAl. RELEASE FORA A EliPLOYEE HAKE .JOB TITLE NATURE OF Il.l.HESS.lINJURY SICK l.EAVE FROK TO Th~ above ~nd~vidual ha~ be~n examined by me on th~s dat~ and I :find him/her: A. Cual~i~~d tor emploYffi~nt, as de~cr~bed on tn~ attached JOo descr~pt~on. V~~n no r~str~ct~ons. B. Cualii~ed tor ~mployment b~t w~ll need on-go~ng med~cal follow-up for a phys~cal or m~n~al cona~~~on or has a minor cond~-:'~Oi".l sl ~hat will no~ ~n~erfere w~~n employmen~ as deacr~bea on ~h~ attached Job descr~pt~on. C. R~commendat~on w~ll be withheld a~ th~s t~me p~n~~ng further tr~~tm~n~, ~valuation, or ~niorma~~on. D. This ~nd~v~aual 4S, ~n my e6t~mat~on, not qual~i~~d ior the employment suggested. The reasons :for th~s hav~ been f~lly d~scusaea W~th the ind~v~dual concern~d. FOR PHYSICAL REQUIR~EHTS - SEE ATTACHED connENTS: PHYSICIAll: (Print Hamel Faci.li.ty/Cl.~ni.c Address Ci.ty State Zip Code Si.gnat.ure Ph~np VOLUNTEER FIRE FIGHTER -PHYSIe1t-RECUIREAEXTS DESCRIPTION: Volun~eers respond ~o emergency calls for var~ouS reasons and at various hours o:f ~he day. nos~ !~re!~gh~ers respond w~th a h~gh a~xiety level. These emergency calls may be a major s~ructure i~re or' m:...or damage to proper~y. Kus~ york under stress and make Judgements ~n emerg~nc~es bas~d on observat~ons and iac~s. ~ay have to sup~rv~s~ ~he ac~~v~~~es oi ot.hers. '. DEllAHDS: Carry~ng - Bes~des h~s protect~ve gear (ve~ght approx~mat.ely 25 pounds>, Seli Conta~ned Breath~ng Apparatus (we~ght approx~mately 3~1, and other equ~pment t.o p~r'iorm var~ous ~asks irom axeS to charged i~re hoses, ~xhaust xans to ladders. L~it~ng - Up to 2~~ pounos V~ctims Hose, ~adders, exhaus~ fans These tasks may requ~re iirei~ghters to ra~se th~se items over the~r heads. pulling - Hose lines, dry or charged Cl~mb~ng - Ladders or sta~rways tvo or more stor~es h~gn Kneel~ng - Stooping and crav~ing, depending on tas~ Must speak and hear clearly, v~th good ey~ s~ght. ENVIRONKEHT: Work ~n smok~ :filled to 44% Exposed ~Q degrees Farenhe~~. env~rQnment, w1~h carbon monox~de l~vels up extreme heat, temperatures reach~ng 2, ~i2)i2) Firei1ghters can be conironted with these cond~~~Qns ~n any veath~r and ~n any season o:f the year. PROTECTIVE EQUIPftEXT: Nomax coat and pants with thermal barrier Helmet w~th eye shield Gloves, Boots, Selt contained Breathing Apparatus to protect respiratory system OTHER: There is an average ox 1.4 emergency calls per day. ~east one structure tire per quarter. There is at ! ( ANDOVER FIRE DEPARTMENT 1992 Station #1 13875 Crosstown Boulevard Andover, Minnesota 55304 Telephone 755-9825 Telephone 755-9845] Station #2 16605 Valley Drive Andover, Minnesota 55304 Station #3 1785 Crosstown Boulevard NW Andover, Minnesota 55304 Telephone 755-9044 TOT AL STATIONS : 3 ------------------------------------------------------------ DEPARTMENT PERSONNEL: FIRE CHIEF: [ CH #1 ] Assistant Chief: [ CH #2 ] Fire Marshall: [ I #1 ] Training Officer: Haz. Ma t. Contact Relief Assn. Pres. Captains: [ CAP. 1 ] [ CAP. 2 ] Dale Mashuga Home 755-5559 14330 Osasge Street Northwest Work 860-4028 Andover, MN 55304 Jim Pierson Home 434-3230 1415 Andover Boulevard Work 935-8447 Andover, MN 55304 Joyce Noyes Home 757-7016 13929 Eidelwiss Street Northwest Work 755-9044 Andover, MN 55304 Pete Nelson Home 421-0008 14217 Vintage Street Northwest Work 476-8600 Andover, MN 55304 Dale Mashuga Home 755-5559 14330 Osasge Street Northwest Work 860-4028 Andover, MN 55304 Tom Miller Home 755-2986 2252 140th Avenue Work 786-5750 Andover, MN 55304 Jack Richardson Home 421-8922 13471 Marigold Circle Work 420-4001 Andover, MN 55304 Kevin Starr Home 753-2940 3415 197th Avenue Work 755-8118 Oak Grove , MN 55304 PAGE 1 OF 2 Lieutenant: [ LT. #1 ] [ LT. #2 ] [ LT. #3 ] [ LT. #4 ] Secretary Dave Reitan Home 754.9740 13574 Hidden Creek Drive Work 222-0555 Andover, MN 55304 Mark Neuschwander Home 753-5648 2550 177th Lane Work 544-4133 Andover, MN 55304 Maris Schilling Home 753-4633 17025 Round Lake Boulevard Work 753-4633 Andover, MN 55304 Paul Gengler Home 755-1290 14440 Crosstown Boulevard Work 874-1735 Andover, MN 55304 David Szyp Iinski Home 753-4446 3945 169th Lane Northwest Work 670-1203 Andover, MN 55304 Andover Representatives: Home 421-3522 Legislative 50A Teresa Lynch 4681 161st Lane Andover, MN 55304 Congressional 6 Gerry Sikorski 414 Cannon House Washington, DC ( 202 ) 225-227] Office Building 20515 Local : 8060 University Avenue Fridley, MN 55432 Work 780-5801 PAGE 2 OF 2 . 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'- - ---~. , ,. -,~ I, / '" y -" r" AtNfDOVErR fFl RI: DEPARTMENT 1785 CROSSTOWN ANDOVER , BOULEVARD N.W, MINNESOTA 55304 From: Officer Committee oo~ ~~ 00,<> " To: Firefighter Bob Peach subject: Violations of AVFD Personnel Standards #4 Date: March 10th , 1992 This letter is to inform you have been found in violation of article 4 of the personnel standards of the Andover Fire Dept. this is do to adverse criticism of the Andover Fire Dept. by you to members of the Public Safety Committee and comments made at the January 25th, 1992 business meeting. This letter constitutes a written warning and shall remain in your file for a period of 6 months, any further violations of rules and regulation shall result in immediate disciplinary action. The Officers have agreed unanimously (Dale Mashuga abstained from all voting) on the following: Letter in on 3-11-92 Letter out on 9-11-92 This letter supersedes the letter written on Feb. 11th, 1992 " Q. ~AJ '~1')~j, /v./)J~. --," tlIp.- ~ ~~ f~Lv~ UEl1,\ 3 3 -;<(- ~L ,. '1'--0 C!kf fJ F7.::> "d~ ~ ~~~ 3-10-'72- , , ~ ,,~./tL C~ .v~ oo~ ~~ OO~ ", ') ANDOVER FlliE DEPARTHENT DON'T SAY IT - WRITE IT TO Do 6 PfilJ..ef/ c... IYI e ;= FROM D;:} L.. E I11IJ. ( ;I V 6 ~ DATE 3 -). I - 9 2. SUBJECT L. J~ IrE IZ DIJ. IE D ).../o-fL PLEASE HAlmLE ~ INFORMATI00 FOR SUGGESTION DO NOT RETURN GIVE HE COPY YOUR REPLY DISCUSS WITH DISCUSS WITH HE FOR SIGNATURE PLEASE fu.'""TURN FOR COl-U'lENT SEND TO FILES (50 {};', vo u !{ l.erjEI? L-v ( L L. .0 .e F tit?. vv & R ded iO ,fie C;r-el/I^,ce . CCJ 1'l-\ I -,-, E. f . Dor--E: )~ )..}-9"2.. 1/:10 f1t;m4 OOu ~C0 e'C 0.;0;. Form 1006 CITY OF ANDOVER FIRE DEPARTMENT C'Q ~ ~~ rc 0,0;-. POSITION: FIRE CAPTAIN NATURE OF WORK: UNDER THE DIRECTION OF THE CHIEF AND ASSISTANT CHIEF. RESPONDS TO EMERGENCY INCIDENTS AND ASSUMES A COMMAND OR LEADERSHIP ROLE AS ASSIGNED; ASSISTS THE CHIEF AND ASSISTANT CHIEF IN MANAGEMENT OF PERSONNAL, FACILITIES, AND EQUIPMENT OF THE FIRE DEPARTMENT; CARRIES OUT THE DUTIES OF THE ASSISTANT CHIEF IN HIS/HER ABSENSE WHEN ASSIGNED. EXAMPLES OF WORK PERFORMED: RESPONDS TO EMERGENCY INCIDENTS WITHIN THE CITY OF ANDOVER AND OTHER COMMUNITIES OF THE ~ T r l,...~ MUTUAL AID GROUP. SUPERVISES SUBORDINATE OFFICERS AND FIREFIGHTERS ASSIGNED TO HIS/HER STATION. SERVES PERIODIC WEEKEND DUTY AS ASSIGNED. RESPONSIBLE FOR THE MANAGEMENT OF PERSONNAL, FACILITIES, AND EQUIPMENT ASSIGNED TO HIS/HER STATION. PREPARES REPORTS AND COMPLETES PROJECTS AS ASSIGNED. ASSISTS WITH TRAINING AND SAFETY OF PERSONNAL ASSIGNED. PARTICIPATES IN REGULAR DEPART:1ENT MANAGEMENT MEETINGS. CONDUCTS MONTHLY STATION MEETINGS AT HIS/HER ASSIGNED STATION. KNOWLEDGE, SKILLS AND ABILITIES: ABILITY TO WORK INDEPENDENTLY, AND IN STRESSFUL SITUATIONS. ABILITY TO ESTABLISH POSITIVE WORKING RELATIONS WITH THE PUBLIC, CITY STAFF, FIRE PERSONNAL AND OTHER AGENCIES. KNOWLEDGE OF MODERN FIREFIGHTING, RESCUE AND E.M.S. PRACTICES AND PROCEDURES. TRAINING AND EXPERIENCE: Active. MEMBER OF THE ANDOVER FIRE DEPARTMENT FOR THREE (3) YEARS. COMPLETION OF FIREFIGHTER. I, FIRST RESPONDER, AND HAZMAT OPERATIONa~. COMPLETION OF FIRE OFFICER I (or COMPLETION OF INCIDENT COMMAND SYSTEM. equi val vent) AND II PRIOR TO APPOINTMENT. I () ,41- )... MANAGERIAL TRA.INING OF APPLICABILTY iJ e ~ 'On \# ~p~RO ~~' WILLING TO CONTINUE WITH ONGOING Andover Fire Department Position: EMS Coordinator COu WCll COPy Nature of Work Under direction of the Chief, Assistant Chief and Captain, coordinates all aspects of EMS in regards to the Fire Department. Handles all questions and problems arising from any EMS situation, Exampks of work performed Schedules all duty crews for Rescue 5 for nighttime and weekends and makes sure these shifts arc covered. Runs schedukd Rescue 5 shifts, Ket~ps aCCllratt~ rec()rds for each pl~rS()n rllnninl~ H.csclIc 5 shifts and turns in quarterly payroll for these individuals to city. Conducts monthly EMS bWjiness meetings. Reports to Chief and all Fire Department personnel the happenings of EMS. Coordinates all medical training and continuing education required for all Fire DcpartnH:nt fh:rsonnd. Attends all Fire DcpartlllL:nl business mcetings ilnd Officers III e(.~t i ngs. Handles the maintenance and supply or all Ille:dical equipnll~l1l belonging to Andover Fire Department. Maintain communications with medical Director. Prepares reports and cl")ll1pkh~s projects as assigned. Supelvises all EMS personnel. Knowledge. Skill and Abilitll;.;i Ability tCl work well indepcndently and in 5tr(~ssful situations. Ability to establish positive working relation with the public, city staff. fire and EMS personnel and oth(.~r agencies. Knowkdgl~ l)f modern EMS practices and pron:dures, Willingness to become familiar with Fire policies and procedures. Training and experience Pal1icipant of Andover Fire Department for 2 years. Completion and maintenance 01' EMT or above, Expcrience in managcment and working \vith people, W-illingn(~ss to continue with ongoing l11anagl~rial training of applicability. A P P 11 0 Ve l ') -I & -. f 2- W!ft1~ A .. COUNCIL COpy MINUTES OF THE ANDOVER OFFICER MEETING ON MARCH 10TH ,1992 PRESENT: D. MASHUGA,J. PIERSON,.J. ANDERSON M, SCHILLING, D. REITAN LAw: J. RICHARDSON, M. NEUSCHWANDER ABSENT: SECRETARY D.SZYPLINSKI PERSONNEL COMMITTEE: R. VIERKANT FIRE MARSHALL: J. NOYES RESCUE: J. ANDERSON CALLED TO ORDER: BY D MASHUGA AT 7:05PM ITEM 1.) ITEM 2.) ITEM 3.) ITEM 4.) APPROVAL OF FEB. 11TH MEETING OPEN MIKE ( NO COMMENTS MADE) PERSONNEL COMMITTEE ( R. VIEKANT ) '" STATUS ON : RECORD SHEET OF ALL ITEMS TIfAT ARE GIVEN OUT TO ALL NEW RECRUITS, ( J, PIERSON) DAVE SZYPLINSKI IS MAKING A FINAL COPY TO PRESENT AT THE NEXT MEETING, OPTIONS FOR RECOVERING COST OF SCHOOLING OR TEST GIVEN TO RECRUITS THAT DO NOT STAY ON, ( R. VIERKANT) STILL WORKING ON, NEED ADDITIONAL STATE GUIDE LINES, WILL BRING BACK INFO, DISCUSSED KEVIN REUBADORS REQUEST FOR A 30 DAY LEAVE ABSENTS, THIS ITEM WILL BE BROUGHT TO THE GENERAL MEMBERSHIP FOR A VOTE IN MARCH, '" * TRAINING ( P. NELSON ) * PETE GAVE OUT TIlE NEW TRAINING SCHEDULE, PLEASE NOTE CHANGES VEHICLE DRIVING CLASS. THAT THE ANDOVER FIRE DEPT, REQUIRE A CLASS B LICENSE TO DRIVE ANY OF THE TRUCKS AFTER DEC, 31 1992. THIS IDEA WILL BE BROUGHT TO TIlE GENERAL MEMBERSHIP IN MARCH, WORKING ON TRAINING OFFICER JOB DESCRIPTION OUTLINE, \VILL BRING BACK REVISED OUTLINE AT NExr MEETING, TRAINING OFFICER SHALL NOW \"'EAR A YELLOW HELMET STATING TRAINING OFFICER ON IT, * * * ITEM 5.) '" '" '" .. '" '" '" ITEM 6,) '" '" '" '" ITEM 7,) '" '" ITEM 8.) '" ITEM 9.) '" EMS ( J, ANDERSON ) WORKING ON WAY TO MAINTAIN 24 HOURS OF TRAINING FOR EMf WORKING ON AGILITY TEST FOR RESCUE RECRUITS, PRESENTED IN SERVICE DRILLS FOR E'\1S UNIFORMS HAVE BEEN ORDERED MOTION BY JANE: TO HAVE BADGES MADE FOR EMS \\1TIl THE STAR OF LIFE IN TIlE CENTER AREA.. SECONDED BY PAUL, MOTION PASSED, EMS IS COMING BACK \VITH IDEAS ON PROTECTIVE CLOTHING, PRESENTED EMS WORK DESCRIPTION, \VILL REVIEW NEXT MEETING, PLEASE REMIND ALL PERSONNEL THAT IF THERE ARE ALREADY RESCUE PERSONNEL ON THE SCENE CONTINUE DRIVING TO THE STATION AND RETURN ON A RESCUE VEHICLE, \'\IE ARE GETTING TO MANY PEOPLE DRIVING THERE OWl'< VEHICLES TO THE SCENE, FIRE MARSHAL ( J NOYES DISCUSSED THE FEE BEING CHARGED FOR BURN PERl-.HTS MOTION BY DALE: THE FEE CIL".RGED FOR PERr--HTS BE RtUSED TO $10,(1(1, EFFECTIVE j\PRIL 1ST, 1992 SECONDED BY PAUL. MOTlON PASSED, PRESENTED FIRE lvlARSILA.LL JOB DESC1UPT10N, \VILL COME BACK \\TIE MORE INFO, STILL RESE".RCHING HELMET COLOR 1\IA Y 6IH JOYCE \VILL GIVE A PREPL<\N CLASS TO THE DEPT. DISCUSSED OFFICER DUTIES AND THE USE OF THE CIL\IN OF COMMAND, CIrAIN OF COMM,<\NI) WAS PRESEr-.'TED AND DISCUSSED, MOTION BY DAVE: TIlAT TIrE CHAIN OF COM!\lA1'{D TIlAT WAS PRESENTED, WITH THE CORRECT LETTER HEAD ON IT BE APPROVED, SECONDED BY PAUL, MOTION PASSED, DISCIPLINARY PROCEDURES WAS PRESENTED, PLEASE REVIEW AND RELAY YOUR COMMENTS TO JACK BEFORE THE NEXl MEETING, REVIEW CAPTAINS JOBS DESCRIPTIONS, DISCUSSED JOB OUTLINE. CORRECTIONS WILL BE MADE AND REVIE\\'ED AGAIN AT NEAl lvIEETING, APPROVED DISCUSS LIEUTENANT JOB DESCRIPTION, DISCUSSED JOB OUTLINE. CORRECTIONS \VILL BE MADE AND REVIE\'v'ED AGAIN AT NEXT !vffiHTTNr1 '. ITEM 10, BOB PEACH '" OPEN DISCUSSION WITH BOB PEACH. .. CLOSED DISCUSSION FOLLOWED, A NEW LETTER WAS DRAFTED AND APPROVED BY ALL MEMBERS PRESENT OF THE OFFICER COMMITTEE, ACTING CHIEF DALE MASHUGA WAS NOT PRESENT IN THE ROOM FOR DISCUSSION OR VOTING, THIS LETTER WILL BE PRESENTED TO BOB BY JIM PIERSON HIS ACTING CAPTAIN, ITEM 11.) DISCUSS SECRETARIES JOB DESCRIPTION, '" DALE WAS UNABLE TO FIND A CURRENT OUTLINE TO WORK FROM. HE \\1LL TRY TO LOCATE ONE BEFORE NEXT MEETING, ITEM 12,) DISCUSS STATUS ON IC VEST, '" JIM \\'ILL TAKE OF ORDERING WHAT IS NEEDED, ITEM 13,) NEW BUSINESS .. DISCUSSION ON THE STRESS DEBRIEFING THAT WAS HELD DISCUSSION ON PETE NELSONS STATION ASSIGNMENT, MOTION MADE BY DAVE: THAT PETE NELSON BE MOVED TO STATION 1 FR01VI HIS CURRENT ASSIGNMENT AT STATION 2, SECONDED BY : MARK MOTION PASSED, VERIFY IF ALL KEYS HAVE BEEN TURNED BY BOB, ( JIM WIL CHECK) MARK IS WORKING ON A 5 YEAR PLAN FOR THE DEPT. DAVE REITAN IS CHECKING ON MEDICAL SUPPLIES FOR STATION 1 WATER THIEFS ARE ON HOLD, JIM IS RESEARCHING THESE VALVES AND \VILL ORDER. JIM ASKED ABOUT ARE MISSION STATEMENT, JIM WILL CHECK Vv1TH BOB PEACH. DISCUSSION ON LOCATION ON THE DEFEB. STATION 1 IS PUTTING A MAP IN THE DISPATCH ROOM. DISCUSSION ABOUT PERSONNEL COMMITTEE. DISCUSSION ON PERSONNEL COMMITTEE CHAIR, LOADING TIME OF PERSONNEL RECORDS ON THE COl\.1PUTER AND SECRETARY DUTIES REGARDING POINTS, COMMITTEE FORMED ( J ACK, DAVE, PETE, MARK, DALE) TO CHECK INTO BOX ALARMS, " '" '" '" '" .. .. '" '" '" '" ITEM 14,) OLD BUSINESS NONE ITEM 15.) MEETING CLOSED AT 11:38PM NEXT MEETING MARCH 16TH NEW AGENDA ITEMS ITEM 1.) DISCUSS CHIEF AND ASST. CHIEF JOB DESCRIPTIONS ITEM 2,) SUGGESTIONS ON RESPONSIS TO CALLS. THESE MINUTES WERE APPROVEDON MARCH 16TH, 1992 RESPECTFULLY SUBMITTED B ., .. MINUTES OF THE ANDOVER PERSONNEL MEETING ON MARCH 9TH ,1992 PRESENT R, VIERKANT, T. MILLER, ], NOYES, F. BABEKAL, D. MASHUGA, R. SOWADA ABSENT: SECRETARY: D, SZy!tQUNCIL Copy CALLED TO ORDER: BY R. VIERKANT AT 7:15 PM ITEM 1.) APPROVAL OF FEB, MINUTES. WITH CORRECTIONS, * MOTION BY T, MILLER SECONDED BY F, BABEKAL MOTION PASSED, ITEM 2.) OPEN MIKE. * NONE ITEM 3,) COUNTING OF POINTS, ITEM 4,) PERSONNEL COMMITTEE DID NOT REVIEW QUALIFICATIONS FOR ANY OF THE OFFICERS SELECTED, IS THIS THE RESPONSIBILITY OF THE PERSONNEL COMMITTEE, DO ALL THE OFFICERS HAVE THE PROPER TRAINING, * BASED UPON THE RECORDS SUPPLIED BY TRAINING TIlE SELECTED OFFICERS ARE TRAINED. * DALE WILL MAKE UP A FORM THAT WILL FILLED OUT BY PERSONNEL AND TRAINING TO BE KEPT IN TIlE EACH PERSONS FILE TIlAT IS INTERESTED IN A OFFICER POSITION, ITEM 5.) REVIEWED EACH PROBATIONARY MEMBERS ATTENDANCE, '" EACH CAPTAIN WILL REVIEW THIS INFOR!v1ATION WITIl THERE NEW MEMBERS, ITEM 6.) KEVIN RUBEDOR '" BY LAWS NEED TO BE CHANGED SO THIS ISSUE CAN BE RESOLVED AT A FASTER PACE. '" HIS REQUEST WILL GO TO THE GENERAL MEMBERSHIP, * RANDY \\-'ILL INFORM HIM OF THE STAWS ITEM 7.) REVIEW NUMBERS OF PEOPLE AT EACH STATION AND TO WHAT THE GOAL IS PER STATION. STATION #1 GOAL DAY 7 NITE 1 6 STATION #2 GOAL HA VB 4 2 8 9 STATION #3 GOAL 5 10 HAVE 6 17 HAVE 8 9 WE ARE IN NEED FOR TWO MORE PEOPLE FOR STATION TWO ON DAYS ITEM 8,) ROGER NOYES IS STILL OUT ON MEDICAL. ITEM 9.) UP DATE LIST WITH NEW PROBATIONARY MEMBERS THAT HAVE COMPLETED TESTING '" TOM AND JOYCE ITEM 10,) DO WE NEED PHYSICALS EVERY TWO YEARS PER NFPA ST ANDARDS. * DALE WILL RESEARCH AND BRING BACK INFO, ITEM 11.) OLD BUSINESS '" NONE ITEI\-1 12.) NEW BUSINESS * TO START ON THE HAND OUT BOOK TOM AND JOYCE WILL LOOK FOR OLD INFORMATION * TIIANK YOU TO BE SENT TO DENIS JONES FOR YEARS OF SERVICE, '" NEW HEALTH QUESTION FORM * TIIANK YOU TO GLEN SMITH FOR IDS YEARS OF SERVICE, MOTION BY R. SOWADA :THAT THE PERSONNEL CO~ThlITTEE RECOM1vlEND TIlAT TIlE RELIEF ASSOCIATION GIVE A PLACK AND A CERTIFICATE TO GLEN SMITIl FOR HIS YE.J\RS OF SERVICE AS CHIEF OF THE ANDOVER FIRE DEPARTMENT. SECONDED BY 1. NOYES, MOTION PASSED, ITEM 13,) MEETING CALLED TO A CLOSE: BY R VIERKANT AT 8:45 RESPECTFULL Y SUBMITTED BY D. L. SZYPT .TN~KT MINUTES OF THE ANDOVER OFFICER MEETING ON MARCH 16TH ,1992 PRESENT : D. MASHUGA, D. REITAN, p, GENG~V'\.IERSON j, ANDERSON, K. STARR ~'v \.JV ABSENT M, SCHILLING, M. ~~~DER, j. RICHARDSON, p, NELSON, R, VIEI\&~T, SECRETARY :j, PIERSON AND D. SZYPLINSKI CALLED TO ORDER : 7:15 PM ITEM 1.) ITEM 2.) ITEM 3.) ITEM 4.) ITEM 5.) APPROVAL OF l\'[ARCH. 10TH MEETING '" APPROVED \V1TIl CORRECTIONS MOTION BY D, REITAN SECONDED BY p, GENGLER OPEN FORUM * '" SCOTT PROTOVINSKI : INFO ON DIVE RESCUE MOTION BY J, PIERSON : TIlAT SCOTT CONTINUE RESEARCH ON DIVE RESCUE, SECONDED BY D. REITAN, MOTION PASSED PERSONNEL CO;VIMITTEE ( R. VIEKANT ) '" STAWS ON: RECORD SHEET OF ALL ITh'vlS TIfAT ARE GIVEN OUT TO ALL NEW RECRUITS, CHANGES MADE WE \V1LL REVIEW NEXT MEETING, OPTIONS FOR RECOVERING COST OF SCHOOLING OR TEST GIVEN TO RECRUITS TIfAT DO NOT ~TAY ON, WORKING ON '" TRAINING ( p, NELSON ) * TRAINING OFFICER JOB DESCRIPTION OUTLINE. WE \V1LL REVIEW NE.\.l MEETING, EMS ( j, ANDERSON) '" WORKING ON WAY TO MAINTAIN 24 HOURS OF TRAINING FOR EMT ACCEPTED WORKING ON AGILITY TEST FOR RESCUE RECRUITS, WE WILL REVIEW NEXT MEETING, EMS IS CO}.,lING BACK WITH IDEAS ON PROTECTIVE CLOTHING, WE \V1LL REVIEW NE.XT MEETING, PRESENTED EMS WORK DESCRIPTION, APPROVED, MOTION BY D, MASHUGA ; TIfAT THE EMS JOB DESCRIPTION BE APPROVED, SECONDED BY p, GENGLER. MOTION PASSED, APPROVED TRAINING SCHEDULE FOR THE NEXT TWO YEARS FOR EMS, MOTION BE K. STARR: TIfAT THE TWO YEAR TRAINING PLAN FOR EMS BE APPROVED, SECONDED BY D, REITAN MOTION PASSED, * '" '" '" '" ITEM 6,) FIRE !\iIARSHAL ( J NOYES) '" FIRE MARSHALL JOB DESCRIPTION, MOVED TO NEXT MEETING '" STILL RESEARCHING HELMET COLOR. MOTION BY K. STARR: FIRE MARSHALL V"ILL HAVE A YELLOW HELMET WITH FIRE MARSHALL ROCKERS, SECONDED BY p, GENGLER MOTION PASSED, ITEM 7,) DISCUSSED OFFICER DUTIES AND THE USE OF THE CHAIN OF COMMAND. '" CHAIN OF COMA1AND APPROVED '" DISCIPLINARY PROCEDURES, WILL MAKE CHANGES AND REVIEW AT NEXT MEETING, ITEM 8,) REVIEW CAPTAINS JOBS DESCRIPTIONS. '" APPROVED LAST MONTH. ITEM 9.) DISCUSS LIEUTENANT JOB DESCRIPTION. * APPROVED v,'ITIl CORRECTIONS LAST MONTIl ITEM 10.) DISCUSS SECRETARIES JOB DESCRIPTION. '" WAITING ON INFOR!vIATION, ITEM 11.) MARK IS WORKING ON A 5 YEAR PLAN FOR THE DEPT.] * WILL RESUME AT A LATER TIME ITEM 12.) DAVE REITAN IS CHECKING ON MEDICAL SUPPLIES FOR STATION 1 '" STILL WORKING ON ITEM 13.) MISSION STATEMENT. (JIM) '" MOVE TO NEXT MEETING ITEM 14,) DISCUSSION ON LOCATION ON THE DEEFEB. '" MOVE TO NEX'T MEETING ITEM 15.) DISCUSSION ON PERSONNEL COMMITTEE CHAIR '" MOVE TO NEXT !vIEETING LOADING OF POINTS I TIME RECORDS ON THE COMPUTER * LARRY \\1LL CONTINUE ON PERSONNEL COMMITTEE WITIl THIS TASK , ITEM 16,) COMMITTEE FORMED ( JACK, DAVE, PETE, MARK, DALE) TO CHECK INTO BOX ALARMS, * GOING ON \VEDNESDAY AT 9:00 AM WILL REVIEW WITIl COlVlMITTEE AT NEXT MEETING WITIl OPTIONS ITEM 17.) DISCUSS CHIEF AND ASST. CHIEF JOB DESCRIPTIONS MOVE TO NEXT MEETING ITEM 18.) SUGGESTIONS ON RESPONSES TO CALLS. '" ADD TO ITEM #16, ITEM 19.) OLD BUSINESS '" NONE ITEM 20. NEW BUSINESS * THAT A CHIEFS RIG MAINTENANCE CHECK OFF BE MADE, MOTION BY D, REITAN: THAT PAUL CHECK INTO EXCHANGING THE RAM TOOL THAT CAME WITH THE EQUIPMENT FOR A SMALLER SIZE, SECONDED BY J, PIERSON MOTION PASSED CHECK ON PAGERS AND HAND I-IELDS ORDERED FOR RESCUE, DRIVE WAY AT STATION TWO IS WASHING OUT. NOTIFY PUBLIC WORKS. CHECK our THE RADIO ON THE LADDER IT DOESNT SEEM TO WORK VERY WELL. * * '" ITEM 21.) NEXT MEETING APRIL 14TH, 1992 MEETING CLOSED AT : 9:06 MOTION BY D, REITAN: THAT THE MEETING BE CLOSED, SECONDED BY P. GENGLER. MOTION PASSED AGENDA OF THE ANDOVER OFFICER MEETING ON APRIL 12TH ,1992 PRESENT: D, MASHUGA, D. REITAN, P. GENGLER, J. PIERSON J. ANDERSON, K. STARR M, SCHILLING, M, NEUSCHWANDER, J. RICHARDSON, P. NELSON -'! SECRETARY, D. SZYPLINSKI <to" Q."l CALLED TO ORDER: PM VJtt~ ITEM 1.) APPROVAL OF MARCH. 16TH MEETING 00 ITEM 2.) OPEN FORUM ITEM 3,) PERSONNEL COMMITTEE ( R. VIEKANT ) '" RECORD SHEET OF ALL ITEMS TIfAT ARE GIVEN OUT TO ALL NEW RECRUITS, '" OPTIONS FOR RECOVERING COST OF SCHOOLING OR TEST GIVEN TO RECRUITS THAT DO NOT STAY ON, ITEM 4,) TRAINING ( p, NELSON) ~- * TRAINING OFFICER JOB DESCRIPTION OUTLINE. ITEM 5,) EMS ( J. ANDERSON) '" WORKING ON AGILITY TEST FOR RESCUE RECRUITS, '" EMS IS COMING BACK WITH IDEAS ON PROTECTIVE CLOTHING, ITEM 6,) FIRE MARSHAL ( J NOYES) '" FIRE MARSHALL JOB DESCRIPTION, ITEM 7,) DISCUSS DISCIPLANARY PROCEDURES. ITEM 9,) DISCUSS SECRETARIES JOB DESCRIPTION. ITEM 10,) DAVE REITAN IS CHECKING ON MEDICAL SUPPLIES FOR STATION 1 ITEM 11.) MISSION STATEMENT, (jIM) ITEM 12.) DISCUSSION ON LOCATION ON THE DEEFEB. ITEM 13.) DISCUSSION ON PERSONNEL COMMITTEE CHAIR ITEM 14,) COMMITTEE FORMED ( JACK, DAVE, PETE, MARK, DALE TO CHECK INTO BOX ALARMS. IDEAS ON RESPONSES TO CALLS ITEM 15.) DISCUSS CHIEF AND ASST. CHIEF JOB DESCRIPTIONS ITEM 16,) OLD BUSINESS ITEM 17. NEW BUSINESS ITEM 21.) NEXT MEETING 1992 MEETING CLOSED AT : MOTION BY SECONDED BY : THAT THE MEETING BE CLOSED. MOTION PASSED RESPECTFULL \UB , Andover Fire Department I --- I2illl: Topic(s) Presenter January 20, 1993 On Board Equipment, Oxygen In House Therapy, Suction February 17, 1993 Defibrillation, EOA?, Hearl & Health-One Stroke .. -I , March 17, 1993 Trauma Assessment Health-O~ - April 21,1993 Childbirth, Infant and Pediatric In House Enwrgencies (Cheryl Keller~ May 19,1993 Triage, Mass Casualty, CISD H(~alth-One i June 16, 1993 Backbo3.rding, Helmd removal, In I-louse I Extrication I I -----.._~ July 21,1993 CPR -- In I louse I - ------~-.------l August 18, 1993 Defib, EOA, lIcarI, Slroke Health-One I September 15, 1993 Head & Chest Injuri(~s lIcalth-Onc.-J October 20, 1993 Medical EI11(;f.f,>enci(~s ~ III HOllse I - ---. I November 17, 1993 Trauma AsS(~SSnH~llt I lIealth one_, December 15, 1993 Splinting, Fr;!(:turcs, Soft Tissue In Hous(~ Injurir::s I ProDosed ,.EMS In-service Drills 1993 J J J J J J J J FEASIBiliTY REPORT TRUNK SANITARY SEWER PINEWOOD ESTATES CITY PROJECT 92-8 ~, ; ..\' AU.w...;.;... il......\i .;;: w.". t '~ ~ MEETING ;j- 7- tj:L ,- '~""r:'~ !'T'::~~ ~.': Ol?- ---..:. CITY OF ANDOVER, MINNESOTA 1 u .., I U J J J 1 L.J J J J J TKDA APRIL 7, 1992 COMM. NO. 10151 ENGINEERS ARCHITECTS PLANNERS TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED -, J 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 612/292-4400 FAX 612/292-0083 I J J J J J TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS-ARCHITECTS-PLANNERS SAINT PAUL, MINNESOTA APRIL 7,1992 FEASIBILITY REPORT FOR ....., L1 TRUNK SANITARY SEWER PINEWOOD ESTATES J CITY PROJECT NO. 92-8 ..., CITY OF ANDOVER, MINNESOTA u ..., COMMISSION NO. 10151 LJ ..., , :...J ..., I ..J ..., ! ..J "1 , I hereby certify that this Feasibility Report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota, LJ l ....j J J n J l .J 10151 I I ..j ~ J -, J TRUNK SANITARY SEWER PINEWOOD ESTATES J CITY PROJECT 92-8 TABLE OF CONTENTS 'l J Project Location 2 l Improvements 2,3 U Initiation 3 .., I Feasibility 3 Li l Right-of-way/Easements 3 L.J Permits 3 .., Completion 3 J Estimated Project Costs 4 .., L.J Assessable Cost 4 ...., Project Schedule 5 ;.j Preliminary Cost Estimates 6,7 .., ! Location Map u l ~ .., ....J .., I ;.j J J .., J ..., L.J -1- 1 0066-03 'l ~ -, LJ I L1 TRUNK SANITARY SEWER PINEWOOD ESTATES CITY OF ANDOVER, MINNESOTA J J J J Location The proposed project covers sanitary trunk sewer and street replacement located in the north 1/2 of the SE 1/4 of Section 27-32-24, from the Coon Creek Trunk Sewer north to Andover Boulevard (CSAH No. 16), then east to the Pinewood Estates Subdivision. 1 tJ Improvements -, ! U 1. Sanitary Sewer The 18" sanitary sewer is to be extended from an existing manhole located on the north side of Coon Creek. This existing manhole was constructed under Project 87-3C, Trunk Sanitary Sewer - Coon Creek. The sanitary sewer size and grade proposed will carry enough capacity to ultimately serve the gravity service district to County Road 20 at Nightingale Street. .., ..J ...., I ..J ...., J 1 .J Sanitary sewer laid at a depth of 20 feet or less is proposed to be constructed with 18" PVC pipe. Sanitary sewer laid at a depth of greater than 20 feet shall be constructed with 18" reinforced concrete pipe. .., It is proposed under this project to extend 4" PVC SDR 26 services to the right-of- way on each existing lot fronting Andover Boulevard (CSAH No. 16). See the Sanitary Sewer Exhibit for the proposed pipe alignment. I ;....J 2. Storm Sewer l :...J Storm sewer construction has not been included in this report. A storm sewer outfall to Coon Creek may be constructed depending on the final grading plan for Pinewood Estates. If the storm sewer is necessary to drain the southwest corner of the Pinewood Estates plat, it will be constructed at the same time the trunk sanitary sewer line is constructed. J 1 LJ 3. Street Improvements 1 LJ Approximately one thousand feet of Andover Boulevard will have to be reconstructed after the trunk sewer is in place. 1 .J -2- 10151 l .J .., I L1 1 Ll The existing roadway does not meet present Minnesota State Aid Standards. Anoka County will require that the section of street reconstructed under this project be upgraded to meet State Aid Standards. A typical section based on 9-ton design with less than 150 HCADT is as follows: 2 - 12' Driving Lanes 2 - 6' Paved Shoulders 1-1/2" Wearing Course Mixture 1-1/2" Base Course Mixture 4" Aggregate Base, Class 5 J 1 LJ J 'l LJ Initiation J The project was initiated by a request from Continental Development Corporation, the owner and developer of Pinewood Estates, and Andover City Council action. .., .J Feasibility ...., -..J The project is feasible. .., Rlght-of-way/Easements ....J .., I L.J Permanent and temporary utility easements will be required. Permits ., .J Permits will be required from the Anoka County Highway Department for work within the County highway right-of-way, from the Minnesota Pollution Control Agency (MPCA), the Metropolitan Waste Control Commission (MWCC) for sanitary sewer extensions and from the Coon Creek Watershed District and/or the Department of Natural Resources and the Corps of Engineers for drainage improvements and work within watershed control or wetland protection areas. '1 L.i 'l J 'l j Completion August 31, 1992 J J L.J 1 LJ -3- 10151 l L.J ~ i U 1 u Estimated Project Cost J Attached to this report is a detailed estimate of construction costs for the improvements. The costs quoted herein are estimates only, based on current construction prices, and are not guaranteed. Final contracts will be awarded on a unit price basis. The contractor will be paid only for work completed. l LJ J Total Estimated Project Estimated Construction Cost 1 Li Sanitary Sewer Streets and Restoration $104,200.00 47.775.00 $151,975.00 $12,160.00 25,835.75 1,520.00 1,520.00 4.560.00 $197,570.75 J Total Estimated Construction Cost ..., J Contingencies Engineering Legal Fiscal Administration ..., ...J .., ~ Total Estimated Project Cost Assessable Cost ..., I LJ Trunk Sanitary Sewer Area Charges were previously assessed under Project 87-3. Trunk Sanitary Sewer Connection Charges and Lateral Charges are to be assessed at the time of connection. Current connection and lateral charge rates established by the City of Andover are as follows: 1 .J 'l .J Trunk Sanitary Sewer Connection Charge Sanitary Sewer Lateral Charge $256.65/Unit $22.00/Front Foot J 'l J J J ..., LJ -4- 10151 ..., , LJ ~ J 1 u PROPOSED PROJECT SCHEDULE 1 u Trunk Sanitary Sewer Pinewood Estates City Project 92-8 City of Andover, Minnesota Commission No. 10151 J J 1 u 1. City Council Receives Feasibility Report April 7, 1992 2. City Council Orders Project and Authorizes Engineer to Prepare Plans and Specifications April 7, 1992 3. Engineer Submits Plans for Council Approval and Receives Authorization to Advertise for Bids May 5, 1992 4. Advertise in Official Newspaper May 8 and 15, 1992 5. Advertise in Construction Bulletin May 8 and 15,1992 6. Open Bids June 1, 1992 7. City Council Receives Bids and Awards Contract June 2, 1992 8. Contractor Begins Construction June 15, 1992 9. Contractor Completes Construction August 31, 1992 J l LJ .., ~ .., ..J .., L1 .., , .J "l LJ J J .., J J l LJ -5- 10151 .., i U 'l J l Li l L1 PRELIMINARY COST ESTIMATE Trunk Sanitary Sewer Pinewood Estates City Project 92-8 City of Andover, Minnesota Commission No. 10151 SANITARY SEWER Item Unit No. Description Quantity Price Amount 1 Mobilization 1.0 LS $7,500.00 $7,500.00 2 Connect to Existing Manhole 1.0 EA 2,500.00 2,500.00 3 18" PVC SDR 35 SS 12-14' 485.0 LF 34.00 16,490.00 4 18" PVC SDR 35 SS 14-16' 35.0 LF 36.00 1,260.00 5 18" PVC SDR 35 SS 16-18' 20.0 LF 39.00 780.00 6 18" PVC SDR 35 SS 18-20' 10.0 LF 42.00 420.00 7 18" RCP Class 5 SS 18-20' 220.0 LF 48.00 10,560.00 8 18" RCP Class 5 SS 20-22' 220.0 LF 50.00 11,000.00 9 18" RCP Class 5 SS 22-24' 325.0 LF 52.00 16,900.00 10 18" RCP Class 5 SS 24-26' 235.0 LF 54.00 12,690.00 11 18" RCP Class 5 SS 26-28' 100.0 LF 56.00 5,600.00 12 Standard 4' Diameter Manhole 5.0EA 1,200.00 6,000.00 13 Extra Depth Manhole 52.0 LF 60.00 3,120.00 14 4" Core Drill on 18" RCP 16.0 EA 50.00 800.00 15 4" PVC SDR 26 Service Pipe 640.0 LF 8.00 5,120.00 16 4" PVC SDR 26 Vertical Cleanout 16.0 EA 60.00 950.00 17 Trench Stabilization Rock 400.0 LF 4.00 1,600.00 18 Televising 1.0 LS 900,00 900.00 Subtotal - Sanitary Sewer $104,200.00 ~ I Li J ..., J J ] ...., J ...., L1 ..., 0...1 ..., LJ ...., I .J l ~ J ...., J J ..., , ! LJ -6- 10151 ..., J J ~ I LJ PRELIMINARY COST ESTIMATE J J 'J J J Trunk Sanitary Sewer Pinewood Estates City Project 92-8 City of Andover, Minnesota Commission No. 10151 STREETS AND RESTORATION Item No. Description 1 Remove/Dispose Exist. Bit. Pavement 2 Remove/Dispose Exist. Bit. Driveway 3 Aggregate Base, Class 5 4 Bit. Base Course Mix 2331, Type 31 5 Bit. Wear Course Mix 2331, Type 41 6 Bit. Driveway Mix 2331, Type 41 7 Bit. Shoulder Mix 2331, Type 31 8 Topsoil Borrow 9 Seed Mix No. 600 10 Seed Mix No. 900 11 Roadside Seeding 12 Sodding 13 Pavement Markings. Striping Subtotal - Streets and Restoration "1 J .., L1 .., j ...., I U I J .., J l u J J J l L1 l Ll -7- Quantity 2,850.0 SY 640.0 SY 1,445.0 TN 260.0 TN 390.0 TN 80.0 TN 130.0TN 420.0 CY 30.0 LB 45.0 LB 1.4AC 2,000.0 SY 1.0 LS Unit Price $ 1.50 2.00 7.00 24.00 26.00 30.00 24.00 8.00 3.00 3.00 800.00 2.50 500.00 Amount $4,275.00 1,280.00 10,115.00 6,240.00 10,140.00 2,400.00 3,120.00 3,360.00 90.00 135.00 1,120,00 5,000.00 500.00 $47,775.00 10151 0::: W ~ ~ C/) w 0 w C/) C/) - I- 00 W' lO ~ I 2 - >- (\J Z 0 a:: - C/) ()) - W c:::( ~ d ..... t- - U .. 2 C Z 0:: 0 W . 0 c:::( ""':) l1J ~ ~ en 0 > ~ 0:: 0 8 w ~ a.. 0 z 2 2 - <c 0.- ::::> 0::: t- 00 lAJ .... ~ W Cl o o ~ w z a::: w a::: ::) .... ~ ~ ~ d z :I: <t 00 U - t f -0 o (\J II .. W ...J (3 00 ~ Fl ~ E--=I ~ E--1 F=1 F--'l ~ F--~ f-1 F~ ,~ ~ 1=--1 r 1 r=l t=l r ) a: a: ww ~~ UIU1 0000 . . aZ oo~ - - Co~ O(.!) U1Z 00_ ~.... ~!Q a.~ z ::.: UI lLJ 0:: U ~