HomeMy WebLinkAboutSP April 25, 1989
,0
~
.C
o
"
7:30 P.M.
CITY of ANDOVER
Special city Council Meeting- April 25, 1989
1. Call to Order
2. Creekridge Estates storm Sewer
3. Award Bid/88-35A/Test Well
4. Joint Powers Agreement/Signal 135th & RLB
5. Execute Option/Laptuta Property
6. Quote for Furnace Conversion
7. Adjourn
* Items "Crosstown Boulevard Storm Sewer" & "Disaster plan
Approval" have been remove'd from the agenda.
** PLEASE BRING APRIL 4TH AND 18TH PACKETS.
o
o
...
1J C: C'_
1/-ZAY?j
Deputy Richard Albertson
City of Andover
1685 Crosstawn Bnulevard N.V!.
Andover, Minnesota 55304
April 20, 1989
Dear Sir:
On June 17, 1988 a visual inspection of my property was made by
city officials. This insuBction was followed by a letter infarming
me that I was not in compliance with the cities zoning :->rdinance
providing for home occupations. I then called Ms. Bosell and
,informed her that I would make every effort to comply with the
ordinance. The majority of the equipment, materials and other
items were removed. I alsa informed her that I didn't feel the
home occupation code applied to me because the nature of my
business dictates that we do our work, not at home, but at various
sites around the metropolitian area. After removing most of the
questionable items I never heard from the city again, until your
inspection rm April lL~, 1989. In not hearing from you for almost
a year, I assumed I was in compliance.
.However, there is more of a problem here than just having constructicm
equipment on my pronerty. In 1985 when the city of Andover infarmed
me that H2~son Blvd. would be built next to my property, I voiced
my concerns to then Mayor Windschitl. Enclosed you will find a
copy of that letter. I was then and still am upset about how
close the highway was being built to my house. Last year when
I talked to Ms. Bosell, I told her it was our intention to sell
and move because of the highway problems. That would be the final
solution to the cities concern with my noncompliance. Since then
we've been informed by Real Estate marketing experts that because
of the highways closness to our house, the high traffic count,
unusual noise problem, and safety problems we would be faced with
a substantial loss in selling. I feel that as a resident, the city
of fmdover has an obligation to help correct this. We were damaged
by the road construction. I can't sell my home because the city
allowed the highway to be built to close to it.
Your demand that I be in compliance to your ordinance withjn 7
days is as unreasonable as me telling you to move the highway
further away from my house. Because of this problem I feel the
city should, at least, grant me a special use permit.
o
o
.
In the future, if 8ny inspection of my property is to be made,
I request that you call beforehand and make arrangements with me
before you enter. !lIsa, I suggest that you update your list of
licensed dogs in the city, to include ~ine.
Sincerely yours,
~(v4-
Michael G. Walker
copies: Jim Elling, Mayor
Ci ty Counsel At r,arge
o
~,
CITY of ANDOVER
1665 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
21 June 1988
Mr. Michael G. Walker
1640 NW 177th Avenue
Andover, MN 55304
In Re:
Inspection of June'17, 1988
Dear -Mr. walker:
In response to complaints received at city Hall, an inspection of
your property was made to determine the validity of the
complaints.
A visual inspection of your property reveals that the use to
which the property qas been put exceeds what is allowed in a R-1
single Family Reside'ntial District.
Ordinance No. 8 known as the zoning Ordinance provides that home
occupations are allowed in all Residential Districts. Home
occupations are. defined as "any gainful occupation or profession
engaged in by the occupant of a dwelling at or from the dwelling
when carried on within a dwelling unit and not in an accessory
building provided that no signs other than those normally
utilized in a residential district are present, no stock in trade
is stored on the premises, over-the-counter retail sales are not
involved, and entrance to the home occu ation is ained from
within the structure. T e Or lnance urt er provl es t at Home
occupations which create a need for more than three (3) parking
spaces at any given time in addition to the parking spaces
required by the occupants shall not be permitted."
,..
The. parking of such vehicles as semi-tractors and flatbed
trailers, backhoes, dump trucks, cranes, as well as the storage
of culverts and sundry items related to a trucking company are
outside what the Ordinance allows as it pertains to home
occupations.
Further, the operation of said business from the barn is not
allowed as home occupations must be conducted from within the
principal structure (not including the garage), shall be low
impact, low visibility and shall not violate the spirit and
intent of the residential district within which they are
conducted.
o
The Ordinance further provides that any off street parking shall
be limited to two (2) vehicles, both of which are operable. You
presently have a red truck which is up on blocks and is clearly
not operable, which is in violation of the Ordinance. The same
o
o
-
Page Two
Mr. Michael G. Walker
21 June 1988
section provides that there shall not be allowed the parking of
commercial vehicles, except in the rear yard or enclosed within a
building,however, such vehicles shall not exceed 12,000 pounds
gross weight.
The exterior storage of such items as the concrete culverts, the
fuel oil tank,the fuel storage tanks, etc. is not allow~d uriless
completely enclosed within a building or screened so as not to be
visible from the public right-of-way.
In short, the operation of a truck business is not in accordance
with the Ordinance nor with the District in which It is
conducted. Upon receipt of this letter it is expected that you
will begin to remove the vehicles in violation of the Ordinance
and further, that you contact me so that we might come to an
agreement as to how long such removal shall take. Failure to do
so may result in further action on the part of the CitY4 .
I am at City Hall on Tuesday and Friday from 8:00 to 4:30 and
anticipate hearing from you within the next seven (7) days from
the date of this lecter.
Sincerely,
.;t,
cl/{Y&;
d'Arc'y
Zoning
/1
L1J<(C: ((.
Bosell
Administrator
,..,0
'0
-
CITY OF ANDOVER, MINNESOTA
~Hn,
V".:~1
'r..j'C
J.'Ii, W-
I VIOLATION
WARNING AND COMPLIANCE ORDER I
IMPORTA~T (J ?EAD OTHER SIDE
(;U MJuA DATE 1/~/tj/f7
/7' rb ~ TIME I;) \/(-
NAME
ADDRESS /~ y"U
SITE OF VIOLATION S~.~--
, ~LA'<O~~?, ~'ni,'~~~;Jf;:G:h
I ~~_~_O__~..r""L _~_C~___
! ORDINANCE SECTION <f> . .
1 REMARKS:bbd- cz4 ~;;6 ~, 4" /1
ISSUEDBY~ ,/r; $~
_ .Offi lar e
.
l'
I
,
I
11
I PI FORM NO. 28
( . , , , ,,' '
L ..,;..;.......:..:.. '"..:..' ':!:,t..~..,__.i".";;, ...:....;.:.....:' :.,.. :
Department
.. ~".'
. - -.
.. -- ',- " -' -'-," .
. , .~-.;,""'j,....;' .,j~i..t.~.~ !-~::.~\...~::,",', i ;,",~. :.c ... ,~.'"
j
I
J
I
,
J
\
-"
o
Mike and Jill Walker
1640 177th Avenue N.W.
Anoka, MN 55304
February 18, 1985
Mayor Gerald Windschitl
1685 N.W. Crosstown Blvd.
Andover, MN 55304
RE: HANSON BLVD. CONSTRUCTION
Dear Mayor Wiridschitl
We ar~ writing this letter to make you aware df our concerns
about the proposed alignment of Hanson Boulevard along our property.
The following is a partial list of these concerns. '
1. SAFTEY: The proximity of th~ proposed roadway to our house
and barn creates a general hazard to us. A saftey factor
must be addressed. The nearness of the road presents an extreme
hazard to our three young children, whose playground area over the
years will now be a proposed four lane highway with a speed limit
of 50~55 M.P.H.. Their playground equipment is currently located
within a few feet of the proposed blacktop. We also fear that a
road of this nature being within 15 to 20 feet from our house and
barn exposes us to the danger of traffic ,leaving the roadway and
running directly into us.
2. DRAINAGE PROBLEM: The use of any part of our property
for an outlet of run-off water from the roadway will create
a drainage problem for us. In being the low point of the area we
cannot see how you will keep the run-off water away from our
property. We now farm the low area behind our house, and this
faiming, or for that matter, any use of the low area is wade possible
only by constant maintenance of our drainage ditches. It is
these ditches, our ditches, that we dug and maintain, that would
receive run-off from all directions. This would create a constant
problem of flooding us out, making any use of our property impossible
as well as raising the general vater table around us. If the water
table reaches an extreme level, which it very well could, we
would end up with water literally in our back door of our house.
3. LOSS OF PRIVACY: We will also be losing 100% of our privacy.
The number one reason for our buying this property and
living here was this privacy and now you propose to take all that
away from us.
o
"
......-'
o
4. DEVALUATION OF THE REMAINING PROPERTY: We have a problem
with the amount of our land that you will be taking to
build this highway for several reasons. Again, the nearness of
the highway is much to close to our house and barn. How would
we ever be able to sell? We can't believe anyone would want to buy
a home 20 feet from a proposed four lane highway. Also out of
the 10 acres we own about 5 acres are low land. Of the remaining
five, you propose to aquire 2 to 3 acres. This leaves us with
very little usable high ground. Combine the c10sness of the
highway to the house and barn and the 10SB of over half of our
high ground with the water problem from the run-off from the highway
rendering the low ground useless, and you have made our pr,operty
completely worthless. We won't be able to live here and we won't
be able to sell.
Why is it so important to follow the section line as center
of the proposed road? If it is so critical ~o follow the section
line, then we suggest that you purchase our entire 10 acres with
the house and barn and construct you highway exactly on the line
and save us the loss of value of our property and the COnstant
concern for the saftey of our children and ourselves.
Finally, one last comment. We feel your policy of assessing
any cost of aquiring the right of way, back to the land owners
being affected, wrong and unfair. You are not only proposing
to make our property worthless, but you are planning to make us
pay you to do so. This is totally unexceptable.
We ~re sincerely yours
Mike Walker
Jill Walker
cc Paul Rudd
Natalie Haas
M. T. Fabyanske
o
\'"
..~'
o
o
\
'10 :.:r~
..Is
- 4/2<1
10 ce. vk
STATE OF MINNESOTA
POLLUTION CONTROL AGENCY
In the Matter of the
Abatement of the
Heidelberger Tire
Dump, located in
Andover, Minnesota
ABATEMENT ORDER
BY CONSENT
Based on the information available to the parties on the
effective date of this ABATEMENT ORDER BY CONSENT, and without
trial or adjudication of any issues of fact or law, the parties
hereto agree and it is hereby ORDERED as follows:
1.
Jurisdiction
This ABATEMENT ORDER BY CONSENT (Order) is issued pursuant. to
the authority vested in the Minnesota Pollution Control Agency
(Agency) by Minnesota Statutes ~~ 115A.90 - 115A.912 (1988) and
,
Minnesota Rules pt. 9220.0140, subp. 2 under Reorganization Order
No. 155 (Department of Administration 1988). By entering into
this Abatement Order by Consent, Cecil and patricia Heidelberger
admit the jurisdiction of the Agency to issue this Order and
agree not to contest any of the determinations made herein in any
action arising out of this Order. The Heidelbergers hereby waive
their right to receive notice that their tires constitute a
nuisance under Minn. Stat. ~ 115A.904, subd. 2 (1988) and Minn.
Rules pt. 9220.0120, subp. 3, and to submit an abatement plan
pursuant to Minn. Rules pt. 9220.0130.
o
o
-2-
II.
Findings
The Agency has determined that:
(1) The waste tires located on property owned by Cecil and
Patricia Heidelberger (Heidelberger Tire Dump) constitute a tire
dump as defined in Minn. stat. ~ IlSA.90, subd. 9 (1988). The
Heidelberger Tire Dump contains approximately 17,000 waste tires.
The Heidelbergers have loaded the tires into approximately 17
trailers, some of which are not servicable for transportation.
These trailers are currently located on land adjacent to the
Heidelberger Tire Dump. A description of the Heidelberger Tire
Dump is attached to and incorporated into this Order as
Attachment 1.
(2) The Heidelberger Tire Dump site is a nuisance that
unreasonably endangers the health, safety, and comfort of
individuals and the public, as defined in Minn. stat. ~ 115A.906,
subd. 1 (1988).
(3) Cecil and patricia Heidelberger (Heidelbergers) are the
tire collectors responsible for the nuisance as defined in Minn.
Rules pt. 9220.0110, subp. 13.
(4) The Heidelberger Tire Dump is adjacent to the Andover
Tire Dump, located in the City of Andover, Minnesota. The waste
tires located at the Andover Tire Dump are being abated under an
abatement order issued by the Agency to Waste Recycling, Inc.,
Tonson, Inc. and Milton J. LaPanta on November 22, 1988.
(5) The Heidelberger Tire Dump is also located on property
"
-3-
4:) contaminated with hazardous substances. This property is part of
a site that has been subject to action under the state and
federal superfund laws, and which is known as the "South Andover
Site."
(6) It would be in the best interest of the state to ensure
that all waste tires are removed from the Heidelberger Tire Dump
in conjunction with the abatement of the' Andover Tire Dump. It
would be in the best interest of the state to complete the
removal of all waste tires from the South Andover Site to
facilitate the investigation and remediation of the hazardous
substance contamination.
(7) State-funded abatement of the Heidelberger Tire Dump
pursuant to Minn. Stat. ~ 115A.906, subd. 2 is needed because the
Heide1bergers cannot pay for the cost of processing the waste
tires, and to obtain the cooperation of the Heide1bergers during
the course of the abatement action.
III.
Parties
This Order shall bind the following parties:
A. Cecil and Patricia Heidelberger; and
B. The Minnesota Pollution Control Agency.
IV.
Definitions
Unless otherwise explicitly stated, the definitions provided
in Minn. Stat. ~ 115A.90 (1988) and Minn. Rules pt. 9220.0110
<:) apply to terms used in this Order.
o
c
-4-
V.
Scope of Order
This Order shall govern the abatement of the Heidelberger
Tire Dump and recovery of the costs of the abatement action.
VI.
Delivery of Tires to processer
The Heidelbergers shall deliver the waste tires located on
the Heidelberger Tire Dump site to the Integrated Waste systems
(IWSl shredder located on the Andover Tire Dump site. The
Heidelbergers may deliver 8 trailer loads of tires to the IWS
shredder within 24 hours of approval and execution of this Order
by the Agency. The Heidelbergers shall deliver the remaining
trailer loads of tires at a time to be determined by the Agency,
but not later than June 1, 1989. The Heidelbergers shall be
responsible for unloading the waste tires from the trailers, and
shall unload those waste tires in a location approved by IWS.
VII.
Access to Property
During the time that abatement activities are being conducted
on the Andover Tire Dump, the Heidelbergers agree to give the
Agency, its agents, contractors and employees, access to all
property owned or controlled by the Heidelbergers.
VIII.
cooperation
The Heidelbergers shall cooperate with the Agency with regard
to the processing and removal of the waste tires constituting the
"
-5-
4:) Heidelberger Tire Dump and the Andover Tire Dump. After
completing the delivery of waste tires as directed by the Agency,
the Heidelbergers, their agents and employees, shall not enter
the Andover Tire Dump site until all waste tire dump'abatement is
completed without first having notified the Agency, and shall not
in any way interfere with the actions of the Agency, its contrac-
tors, agents and employees at the sites named above. The
Heidelbergers may, however, enter the Andover Tire Dump property
to remove scrap iron and other solid waste and junk present on
that property.
IX.
collection of New Waste Tires or Solid Waste prohibited
The Heidelbergers agree not to bring onto or collect any
additional waste tires, junk automobiles, or other junk or solid
waste on the Andover Tire Dump site or adjacent property for any
reason, unless the collection has been licensed and approved by
the City of Andover, Anoka County, and the State of Minnesota as
appropriate.
X.
Abatement
The Agency shall abate the waste tires from the Heidelberger
Tire Dump by processing those tires at a shredder located on the
Andover Tire Dump site into waste tire chips suitable for use as
a fuel supplement.
o
XI.
Certification of Inability to Pay
o
o
-6-
.
The Heidelbergers hereby certify, pursuant to their duty of
candor before the Agency and as required by Minn. Rule pt.
7000.0300, that they are unable to pay for the cost of the
processing of the waste tires located on the Heidelberger Tire
Dump. The Heidelbergers agree that, should their financial
condition change such that they could afford to pay for the cost
of processing before the completion of abatement activities at
the Andover Tire Dump, they will promptly notify the Agency that
the change has occured and reimburse the Agency for the costs
that it has incurred.
XII.
Lien for Governmental Services
The Heidelbergers acknowledge that, pursuant to Minn. Stat. S
514.67 (1988), the costs that the Agency incurs to process the
waste tires from the Heidelberger Tire Dump shall be a lien for
governmental services upon the Heidelberger Tire Dump property.
As provided in Minn. Stat. S 514.67 (1988), this lien shall
constitute a first and prior lien.
XIII.
Covenant Not To Sue
So long as the Heidelbergers remain in compliance with the
terms and conditions of this Order, the Agency covenants not to
bring any legal, equitable, or administrative action against the
Heidelbergers to recover the cost of the processing of the waste
tires from the Heidelberger Tire Dump. This covenant shall not
be construed as in any way affecting the Agency's authority to
o
-7-
recover from the Heidelbergers costs which the Agency has
incurred and may in the future incur pursuant to Minn. stat. ch.
l15B, or other law.
XIV.
Enforcement
The terms of this Order may be enforced by either party in a
court of appropriate jurisdiction. In the event that the Agency
proves that the Heidelbergers have not complied with any part of
this Order, including the duty of candor referenced in part XI
above, the Heidelbergers agree to pay a civil penalty as provided
in Minn. Stat. S 115.071 (1988), and shall not contest the
applicability of the penalties provided in that statute to them.
XV.
o
successors
This Order shall be binding upon the Heidelbergers, their
successors and assigns, and upon the Agency, its successsors and
assigns. The Heidelbergers agree that they shall not assign any
rights or duties under this Order without first having obtained
written approval from the commissioner of the Agency.
XVI.
Termination
The duties of the Agency under this order shall be deemed
satisfied and terminated upon completion of the processing of the
waste tires referenced in part 11 above. The duties of the
Heidelbergers under this Order shall continue until the abatement
action at the Andover Tire Dump is complete, and the
.~.
-8-
4:) Heidelbergers have received notice that it has been completed
from the Commissioner.
XVI.
Effective Date
This Order is effective upon the date the it is executed by
the Agency.
BY THEIR SIGNATURES HEREON, THE UNDERSIGNED REPRESENT THAT
THEY HAVE AUTHORITY TO BIND THE PARTIES THEY REPRESENT
IT IS SO AGREED:
c~&~~~
Mr. Cecil ei elbe ge '
~Y'/l/?.9
*-::1 /~ /f8''1
IT IS SO ORDERED:
MINNESOTA POLLUTION CONTROL AGENCY
Gerald L. Willet
Commissioner
Date
Keith Langmo
Chair
Date
o
" '
o
o
Heidelberqer & Andover Tire Dumps
2050.~ Bunker Lake Boulevard
City of Andover
Anoka County
J
.
no 0 t1
no tl 0
tln a tJ
anon
t
ATTACHMENT 1
-'. .---. ..
Sec.
. __.. . 0_.
+-
Ooul eva rd
HORTH
ANDOVER
\
\
\
,
,
\
Section
Burned
Tire
TIRE
DUMP
CLEANUP
Trailer Storage
HEIDELBERGER 'TIRE DUMP
(Property owned by Cecil and Patricia Heidelberger)
CO U N TV
OF
10 c.C
i/z~y
ANOKA
Office of the County Board of Commissioners
r~-~ ,
...._'''"7!J
MR.~'~t" EN"1 ,
, APH 21 198~l
I -
CITY OF ANDOVER
MINNESOTA55303 612-421-4760
April 19, 1989
Mr. James E. Schrantz
Administrator, City of Andover
1685 Crosstown Blvd. N.W.
Andover, MN 55304
Dear Mr. Schrantz:
Please be advised that the Anoka County Board of Commissioners at the most recent meeting
of Tuesday, April 18, 1988, adopted Resolution #89-29, Resolution Proclaiming April 24-30, 1989
as "Disability Awareness Week", and May 7, 1989 as "National Barrier Awareness Day", a copy
of which is attached hereto.
. By way of this resolution, the Anoka County Board of Commissioners is encouraging the efforts
of cities, townships, organizations and agencies throughout Anoka County in support of
programs and projects to improve the lives of disabled persons.
Should you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
\ ~ ~ s;:-'.'
Tim Yantos
Deputy County Administrator
TY:db
Enclosure
o
Affirmative Action / Equal Opportunity Employer
,-'$.\t;.)
,.
BOARD OF COUNTY COMMISSIONERS
Anoka County, Minnesota
DATE: April 18, 1989
OFFERED BY COMMISSIONERS:
RESOLUTION #89-29
Erhart, Haas Steffen, Burman, Langfeld
Kordiak, Cenaiko and McCarron
RESOLUTION PROCLAIMING APRIL 24-30, 1989
"DISABILITY AWARENESS WEEK"
AND MAY 7,1989,
"NATIONAL BARRIER AWARENESS DAY"
WHEREAS, more than 37 million citizens (over 600,000 in the State of Minnesota) have
physical or mental impairments which can prevent their full participation in community and national
life; and,
WHEREAS, the Minnesota State Legislature and Governor Perpich proclaimed April 24-30.
1989. 'as "Disability Awareness Week" and President Bush proclaimed May 7, 1989, as "National
Barrier Awareness Day" and they urged increased public awareness of the capabilities and
accomplishments of America's 37 million persons with disabilities; and,
WHEREAS. communities are where disabled and non-disabled people live, work and
interact. and where the greatest barriers to full participation of disabled persons are found. and
where opportunities for constructive change must be pursued:
NOW, THEREFORE. BE IT RESOLVED that the Anoka County Board of Commissioners
encourages the efforts of cities\ towns, organizations and agencies throughout Anoka County in
support of programs and projects to improve the lives of disabled persons.
BE IT FURTHER RESOLVED that the Anoka County Board of Commissioners does hereby
proclaim April 24-30, 1989 as "Disability Awareness Week" in Anoka County and May 7, 1989. as
"National Barrier Awareness Day".
BE IT FINALLY RESOLVED that copies of this resolution be forwarded to the North
Suburban Consumer Advocates for the Handicapped, the Anoka County Council of/for Persons with
Disabilities. the Minnesota State Council for the Handicapped, the Girl Scout Council _ Greater
Minneapolis, the Boy Scouts of America Viking Council, Inc., and the cities and townships of Anoka
County.
District #1 - f-l
District #2
District
Distr!
D~
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
April 25, 1989
AGENDA SECTION
NO. '
ITEM
NO.
Engineering
ORIGINATING DEPARTMENT
FOR
Creekridge Estates
Storm Sewer
BY:
~\\
Todd J. Haas
The City Council is requested to review the Creek ridge Estates
grading and erosion control problem.
The residents of Block 2 were sent letters to attend this
evening's meeting. Staff also invited the developer, the
developer'S engineer, and the builders that built in Block 2.
TKDA will be providing alternatives and costs, for correcting the
problem, at tonight's meeting.
MOTION BY
TO
COUNCIL ACTION
SECOND BY