HomeMy WebLinkAboutCC May 2, 1989
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** REVISED **
DATE:
May 2, 1989
ITEMS GIVEN TO THE CITY COUNCIL
Memo from Jay Blake & Cindy DeRuyter (5/2/89)
Letter from Lurline J. Baker-Kent (4/26/89)
Memo from Howard Koolick (5/1/89)
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT
AGENDA.
THANK YOU.
CITY of ANDOVER
MEMORANDUM
$200
$5,820
TO:
COPIES TO:
FROM:
DATE:
REFERENCE:
Honorable Mayor and city council
Jay
May
Recycling Budget update
, city Administrator
James Sc
The Andover City Council is asked to review the following budget
summary for the recycling program in Andover.
1988 Budget
$6,020
Amount Spent
1988 Carry Over
1989 Budget
$4,603
Amount Spent
Estimated to June 30, 1989
$1,929
I have discussed the Andover recycling budgets with carolyn
smith, Anoka county Administrative Department. She stated that
the 1988 carryover must be spent before June 30, 1989 otherwise,
the funds will be distributed to other communities in Anoka
County.
I am currently charging personnel costs for the Recycling
Coordinator to the 1988 carryover. still, a significant amount
of money should be expended. Approximately, $3,891 remains in
the 1988 carryover, after personnel and office costs are
subtracted.
I have received word that the 1989 budget could be carried over
to no later than June 30, 1990.
Several recycling projects are planned:
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Andover Clean Up Day
Curb Side Recycling
Drop Off Center
permanent Part Time Staff
Business Recycling program
School programs
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Metropolitan Waste Control Commission
Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101
612 222-8423
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April 26, 1989
CI -
TY OF ANDOVER
Mr. James Schrantz, City Administrator
Andover City Hall
1685 Crosstown Blvd. NW
Andover, MN 55304
Dear Mr. Schrantz:
Again this year we will be hosting a series of meetings to present the
proposed Metropolitan Waste Control Commission budget for 1990.
Commissioner Paul McCarron and I are inviting you to attend the infor-
mational meeting for Precinct E which will be held at the following
time:
Date: May 16, 1989
Location: The Seasons Restaurant and Lounge
Hwy 242 and Foley Blvd.
Coon Rapids
Time: 7:30 a.m.
The meeting is planned to review and inform local officials, city
staff, and Metropolitan Council members who ~epresent the area within
MWCC Precinct E. Please respond by May 9 to Eunice Groschen at
229-2110 if you will be attending. Also, please feel free to invite
appropriate staff as well. 1~
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Sincerely,
~ae~;~
Chair
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Equal Opportunity/Affirmative Action Employer
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5/2/'8<1
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CITY of ANDOVER
MEMORANDUM
TO:
COPIES TO:
FROM:
DATE:
REFERENCE:
James Schrantz, City Administrator
Howard Koolick, Cit Finance Director
May 1, 1989
Funding for Signals at 135th anc'l RT.R ;,nr'l 1h1<:t end
RLB
The attached request for council approval discusses the
proposed funding of these two projects. You were concerned about
the status of the MSA Fund (Road Fund).
A review of past City Council minutes shows no other formal
dedication or proposed use of these funds. The December 31,
1988 Cash summary shows a balance of $230,255.67. This amount
increased slightly from the 1987 balance. Since the accounting
records are only posted through January, 1989, it is not possible
to give you an exact financial position of this fund as of the
current date, however, I believe that there were very few
transactions and no major transactions in this fund during 1989.
Based on the above analysis, I believe the two signals could be
funded from the Road Fund (Shown on books as State Aid Projects
Fund). This would still leave significant funds available for
the Crosstown Boulevard project.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
April 18, 1989
,
,
DATE
BY: James E. Schrantz
AGENDA SECTION
NO.
ORIGINATING DEPARTMENT
Engineering
The City Council is requested to approve the attached Joint Powers
Agreement with Anoka County for the installation of signals at
135th Avenue and Round Lake Boulevard, and at 161st and Round Lake
Boulevard.
Estimated cost of the signa~ and engineering costs at 135th and
Round Lake Boulevard is $86,400. Andover and Anoka each pay for
their leg of the intersection, or 25% plus 1/2 of 50% of the
County's two legs, or a total of 37.5% or $32,400. We are unable
to use MSA funds for the signal at 135th and Round Lake Boulevard.
Estimated cost of signal and engineering costs at 161st and Round
Lake Boulevard is $86,400. Andover has one leg so, we pay 25%
plus 50% of the County's 75%, for a total 62.5% or $54,000. The
city's leg is MSA, therefore, eligible for MSA financing of 25% or
$21,600.
I would recommend we use the city's "Road Fund" (in the past was
called our MSA Fund) - this fund may be depleted on Crosstown
Boulevard unless we assess some cost for Crosstown storm drain and
curb.
The other financing option is to use surplus funds from the
general fund.
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COUNCIL ACTION
MOTION BY
\::!! TO
SECOND BY
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COUNTY OF ANOKA
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Department of Highways
Paul K. R/md, Highway Engineer
1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520
R'~ ECErVEn
, I MAR 3119891U
CITY OF ANDOVER
March 29, 1989
Jim Schrantz
City Engineer/Administrator
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
Re: Joint Powers Agreements - Traffic Signal Installations
CSAH #9 & Roosevelt St. (13Sth Ave.) - C.P. 88-28-09
CSAH #9 & CSAH 1120 (161st Ave.) - C.P. 88-29-09
Dear Jim:
Enclosed for your review and signature are three (3) copies
each of the above-referenced joint;: power agreements between
. Anoka County and the City of Andover.
Please have all three (3) copies executed by. the designated
officials from the Gity of Andover and return them to my
office for additional processing. A fully approved and
executed copy will then be sent to you.
Thank you for your cooperation. Feel free to contact our
office if you have any questions or comments.
C::);~~Sj--
Roy Humbert
Contracts Administrator
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AHlrmallve Acllon I Equnl Opportunity Employer
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.JOINT IJOWERS AGREEMENT
FOR TilE
INSTALLATION (W TRAI<ITIC CONTROL SIGNALS
AT TilE INTERSECnONS OF:
ROUND LAKE BLVD. (C.S.A.H. #9 AND ROOSEVELT ST. (135TH AVE.)
This Agreement made and entered into this
day of
,1989,
by and between the County of Anoka, State of Minnesota, a political subdivision of the State of
Minnesota, 325 East Main Strecl, Anoka, Minncsota, 55303, hereinafter referred to as "County,"
and the City of Andovcr, hereinafter referred to as "Cily".
WITNESSETH:
WHEREAS, the parties to this Agreement desire to jointly cause the construction of traffic
actuated control signals at the intersection of Round Lake Blvd. (C.S.AH. #9) at Roosevelt St.
(135th Avc.); and
WHEREAS, the parties agree that it is in their best interest that the cost of said project
be shared; and,
WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat.
~ 471.59.
NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED:
1. PURPOSE
The County and City have joined together for the purpose of installing a traffic
control signal system at the intersections of Round Lake Blvd. (C.S.AH. #9) and Roosevelt St.
(135th Ave.): as described in the plans and specifications numbered 88-28-09 on file in the office
of the Anoka Counly Highway Department and incorporated herein by reference.
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2.
METHOD
The County shall provide all engineering services and shall cause the construction
of Anoka County Project No. C.P. 88-28-09 in conformance with said plans and specifications.
TIle letting of bids and the acceptance of al! bid proposals shall be done by the County.
3. COSTS
A The contract costs of the work, or if the work is not contracted, the cost
of all labor, materials, normal engineering costs and equipment rental required to complete the
work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated
costs" are good faith projections of the costs which will be incurred for this project. The estimated
costs are attached as Exhibits A, and incorporated herein by reference.
B. The City shall pay for engineering services at a rate of eight percent (8%)
of its actual construction costs.
C. The total cost to the City is based on the actual cost of construction of the
traffic control signals plus engineering costs as provided for in Exhibit B. The estimated cost to
the City is:
Construction:
Engineering (8%)
$30,000.00
2.400.00
TOTAL ESTIMATED CITY COST:
$32,400.00
D. Upon final completion of the construction the city shall pay to the County,
upon written demand by the County, the actual cost of construction and engineering, estimated to
be $32,400.00: The City's share of the project shall include only construction and engineering and
does not include adminislrative or other expenscs incurred by the County.
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4.
TERM
TIlis Agreement shall continue until (1) tcrminated as provided hereinafter, or (2)
until the construction provided for herein is completed and payment provided for herein is made,
whichever of (1) or (2) shall first occur.
5. DISBURSEMENT OF FUNDS
All funds disbursed by the County or City pursuant to this Agreement shall be
disbursed by each entity pursuant to the method provided by law.
6. CONTRACTS AND PURCHASES
All contracts let and purchases made pursuant to this Agreement shall be made by
the County in conformance to the State Laws.
7. STRICT ACCOUNTABILITY
A strict accounling shall be made of all funds and report of all reccipts and
disbursemcnls shall be made upon request by either party.
8. SIGNALIZATION POWER
TIle City shall install or cause the installation of an adequate electrical power source
to the service pad or pole including any necessary extensions of power lines. Upon completion
of said traffic control signal installation the ongoing cost of electrical power to the signal shall be
at the sole cost and expense of the Cities of Andover and Anoka. The two cities shall reach
sepamte agreement on the cost of power and shall furnish the County with a copy of said
agreement by June 30, 1989.
9. MAINTENANCE
Maintenance of the completed signal and signal equipment will be the sole obligation
of the County. All other mainlcnance, including the ongoing cost of electrical power to the signal,
will be the responsibility of the City.
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10.
TERMINATION
This Agreemcnt may be terminated by either party at any time, with or without
cause, upon not less than thirty (30) days written notice delivercd by mail or in person to the other
party. If notice is dclivered by mail, it shall be decmed to be received two days after mailing. Such
termination shall not be effective with respect to any solicitation of bids or any purchases of
services or goods which occurred prior to such notice of termination.
11. AFFIRMATIVE ACTION
In accordance with Anoka County's Affirmative Action Policy and the County
Commissioners' policies against discrimination, no person shall illegally be excluded from full-time
employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the
program which is the subjcct of this Agreement on the basis of r.ace, creed, color, sex, marital
status, public assistance status, age, disability, or national origin.
12. NOTICE
For purposes of dclivery of any notices hereunder, the notice shall be effective if
delivered to the County Administrator of Anoka County, 325 East Main Street, Anoka, Minnesota,
55303, on behalf of the County, and the City Manager of the City of Andover, 1685 N.W.
Crosstown Blvd., Andover, MN 55304, on behalf of the City.
13. INDEMNIFICATION
The City and the County mutually agree to indemnify and hold harmless each other
from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the
respective officers, agcnts, or employees relating to activities conducted by either party under this
Agreement. .:
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ENTIRE AGREEMENT REOUIREMENT OF A WRITING
It is undcrstood and agreed that the entire agreement of the parties is contained
herein and that this Agreement supersedes all oml agreements and all negotiations between the
parties relating to the subject maller thcreo[, as well as any previous agreement presently in effect
between the parties relating to the subject maller thereof. Any alterations, variations, or
modifications o[ the provisions o[ this Agreement shall be valid only when they have been reduced
to writing and duly signed by the parties herein.
IN WITNESS WHEREOF, the parties o[ this Agreement have hereunto set their hands
on the dates written below:
COUN1Y OF ANOKA
CI1Y OF ANDOVER
By:
By:
Name: Jerry Windschitl
Title: Mayor
Dan Erhart, Chairman
Anoka County Board o[
Commissioners
Daled:
Dated:
ArrEST:
By:
By:
Name: Jim Schrantz
Tille: City Engineer/City Administrator
John "Jay" McLinden
Anoka County Administrator
Recommended [or Approval:
By:
Paul K. Ruud, County Engineer
APPROVED AS TO FORM:
By:
By:
City Allorney, City of Andover
Assistant Anoka County Allorncy
(DV:Cont\CSAH-9.AND)
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EXHIBIT A
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Joint Powcrs Agreement
For The
Installation and Maintenance of Traffic Control Signals
at the Intersection of:
Round Lake Blvd. (C.S.A.H. #9) and Roosevelt St. (135th Ave.)
Estimated Costs for the Projects are as Follows:
Project C.P. 88-28-09
Fully Actuated Traffic Control System
Control Cabinet
Engineering 8%
$70,000.00
10,000.00
6.400.00
$86,400.00
$32,400.00
$32,400.00
$21,600.00
Total
City Share
Anoka Share
County Share
25% + 12.5
37.5%
25%
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EXHIBIT B
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Cost Sharing Agreement for Projects Constructed
in Anoka Counly Using County Slate Aid Funds or Local Tax Levy Dollars
ITEMS
Concrete Curb & Gutler
Concrete Sidewalk
Concrete Sidewalk Replacement
Concrete Curb & Gutler for
Median Construction
Concrete Median
Grading, Base & Bituminous
Storm Sewer
Tramc Signals
(Communities larger than 5,000)
Tramc Signal
(Communities less than 5,000)
Engineering Services for
construction
Right of Way
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COUNlY SHARE
CIlY SHARE
50%
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100%
50%
100%
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100%
100%
100%
Based on State
Aid Lctler
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Based on State
Aid Letter
1/2 of the cost of
its legs of the ,t.-fe.Stet;',.,
the cost of its legs
of the intersection plus
112 the cost of the County
legs of the intersection
100%
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90+%
8% of its actual construction
cost
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100%
The County pays for 100% of a standard Median Design such as plain concrete. If a
community requests decorative median such as red brick, stamped concrete, or exposed
aggregate concrete the City will pay the additional cost above the cost of standard median.
**
In communities less than 5,000 people the County pays for 100% of the cost of the traffic
signal effective in March of 1986. The County collects on behalf of the cities (less than
5,000) "Municipal State Aid Dollars" because those cities do not qualify for state aid funds.
These funds are used to pay the City Share.
***
In the event that the City requests purchase of right-of-way in excess of those right-of-ways
requir~d by counly construction the cities participate to the extent an agreement can be
reached in these properties. For instance a city may request a sidewalk be constructed
alongside of one of our roadways which would require additional right of way, in this case
the City may pay for that porlion of Ihe right of way. Acquisition of right-of-way for new
alignments shall be the responsibility of Ihe City requesting the alignment.
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JOINT I)OWERS AGREEMENT
l'OR TIlE
INSTALLATION 01' TRAI'FlC CONTROL SIGNALS
AT TIlE lNTEH.SECflONS OF:
ROUND LAKE BLVD. (C.S.A.I1. #9) AND C.S.A.II. #20 (161ST AVE.)
This Agreement made and entered into this
day of
.1989,
by and between the County or Anoka, State of Minnesota, a political subdivision of the State of
Minnesota, 325 East Main Street, Anoka, Minnesota, 55303, hereinafter referred to as "County,"
and The City of Andover, hereinafter referred to as "City".
WlTN ESSETII:
WHEREAS, the parties to this Agreement desire to jointly cause the construction of tramc
actuated control signals at the intersection of Round Lake Blvd. (C.S.AH. #9) at C.S.AH. #20
(161st Avcnue); and
WHEREAS, the parties agree that it is in their best interest that the cost of said project
be shared; and,
WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat.
~ 471.59.
NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED:
1. PURPOSE
The County and Cily have joined together for the purpose of installing a tramc
control signl!~ system at the intersections of Round Lake Blvd. (C.S.AH. #9) and C.S.AH. #20
(161st Avenue) as describcd in the plans and specifications numbered 88-29-09 on file in the omce
of the Anoka County Highway Department and incorporated herein by reference.
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2.
METHOD
The County shall provide all engineering seIVices and shall cause the construction
of Anoka County Project No. C.P. 88-29-09 in conformance with said plans and specifications.
The IClling of bids and the acceptance of all bid proposals shall be done by the County.
3. COSTS
A. The contract costs of the work, or if the work is not contracted, the cost
of all labor, materials, normal engineering costs and equipment rental required to complete the
work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated
costs" are good faith projections of the costs which will be incurred for this project. The estimated
costs are attached as Exhibits A, and incorporatcd herein by reference.
B. The City shall pay for enginccring sCIVices at a rate of eight percent (8%)
of its actual construction cosls.
C. The total cost to the city is based on the actual cost of construction of the
traffic control signals plus engineering costs as provided for in Exhibit B. The estimated cost to
the City is:
Construction:
Engineering (8%)
$50,000.00
4.000.00
$54,000.00
TOTAL ESTIMATED CITY COST:
D. Upon final completion of the construction the city shall pay to the County,
upon written demand by the County, the actual cost of construction and engineering, estimated to
be $54,000.00. TIle City's share of the project shall include only construction and engineering and
does not include administrative or other expenses incurred by the County.
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4.
TERM
This Agreement shall continue unlil (1) terminated as provided hereinafter, or (2)
until the construction provided for herein is completed and payment provided for herein is made,
whichever of (1) or (2) shall first occur.
5. DISBURSEMENT OF FUNDS
All funds disbursed by the County or City pursuant to this Agreement shall be
disbursed by each entity pursuant to the method provided by law.
6. CONTRACfS AND PURCHASES
All contracts let and purchases made pursuant to this Agreement shall be made by
the County in conformance to the State Laws.
7. STRICT ACCOUNTABILITY
A strict accounting shall be made of all funds and report of all receipts and
disbursements shall be made upon request by either party.
8. SIGNALIZATION POWER
The City shall, at its sole expense, install or cause the installation of an adequate
electrical power source to the service pad or pole, including any necessary extensions of power
lines. Upon completion of said traffic control signal installation Ihe ongoing cost of electrical power
to the signal shall be at the sole cost and expense of the City.
9. MAINTENANCE
Maintenance of the completed signal and signal equipment will be the sole obligation
of the County. All other maintenance, including the ongoing cost of electrical power to the signal,
will be the re.sponsibility of the City.
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10.
TERMINATION
This Agreement may be terminated by either party at any time, with or without
cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other
party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such
termination shall not be effective with respect to any solicitation of bids or any purchases of
services or goods which occurred prior to such notice of termination.
11. AFFIRMATIVE ACfION
In accordance with Anoka County's Mfirmative Action Policy and the County
Commissioners' policies against discrimination, no person shall illegally be excluded from full-time
employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the
program which is the subject of this Agreement on the basis of race, creed, color, sex, marital
status, publie assistance status, age, disability, or national origin.
12. NOTICE
For purposes of delivery of any notices hereunder, the notice shall be effective if
delivered to the County Administrator of Anoka County, 325 East Main Street, Anoka, Minnesota,
55303, on behalf of the County, and the City Manager of the City of Andover, 1685 N.W.
Crosstown Blvd., Andover, MN 55304, on behalf of the City.
13. INDEMNIFICATION
The City and the County mutually agree to indemnify and hold harmless each other
from any claims, losscs, costs, expenses or damages resulting from the acts or omissions of the
respective officers, agents, or employees relating to activities conducted by either party under this
Agreement. .:
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14.
ENTIRE AGREEMENT REOUIREMENT OF A WRITING
.
.
It is understood and agreed that the entire agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and all negotiations between the
parties relating to the subject maller thereof, as well as any previous agreement presently in effect
between the parties relating to the subject maller. thereof. Any alterations, variations, or
modifications of the provisions of this Agreement shall be valid only when they have been reduced
to writing and duly signed by the parties herein.
IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands
on the dates written below:
COUNlY OF ANOKA
CIlY OF ANDOVER
By:
By:
Dan Erhart, Chairman
Anoka County Board of
Commissioners
Name: Jerry Windschitl
Title: Mayor
Dated:
Dated:
ATTEST:
By:
By:
John "Jay" McLinden
Anoka County Administrator
Name: Jim Schrantz
Title: City Engineer/City Administrator
Recommended for Approval:
By:
By:
Paul K. Ruud, County Engineer
City Attorney,' City of Andc,JVer
APPROVE-Q AS TO FORM:
By:
Assistant Anoka County Atlorney
(DV:Cont\CSAH9&20.JP A)
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EXHIBIT A
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Joint Powers Agreement
For The
Installation ami Maintcnance of Traffic Control Signals
at the Intersection of:
Round Lake Blvd. (C.SAH. #9) and C.SAH. #20 (161st Ave.)
Estimated Costs for the Projects are as Follows:
Project c.P. 88-29-09
Fully Actuated Tramc Control System
Control Cabinet
Engineering
$70,000.00
10,000.00
6.400.00
$86,400.00
$54,000.00
32,400.00
Total
City Share
County Share
37.5% + 25%
37.5%
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EXHIBIT B
Cost Sharing Agreement Cor Projects Constructed
in Anoka County Using County State Aid Funds or Local Tax Levy Dollars
The County pays for 100% of a standard Median Dcsign such as plain concrete. If a
community requests decorative median such as red brick, stamped concrete, or exposed
aggregate concrete the City will pay the additional cost above the cost of standard median.
In communities less than 5,000 people the County pays Cor 100% of the cost of the traffic
signal effective in March of 1986. The County collects on behalf of the cities (less than
5,000) "Municipal State Aid Dollars" because those cities do not qualify for state aid funds.
These Cunds are used to pay the City Share.
In the eyent that the City requcsts purchase of right-of-way in excess of those right-of-ways
required by county construction the cities participate to the extent an agreement can be
reached in these properties. For instance a city may request a sidewalk be constructed
alongside of one of our roadways which would require additional right of way, in this case
the City may pay Cor that portion of the right of way. Acquisition of right-of-way for new
alignments shall be the responsibility of the City requesting the alignment.
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::WHAT'$ HAPPENING? ::
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~~ May 2, 1989 **
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~~ Nancy King has been hired for the position of **
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~~ Commission and the Park and Recreation **
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~~ Commission. She will start on May 4th. **
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~~ please note the development concern of the ARC **
:: in a memo included in this packet. ::
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CITY of ANDOVER
MEMORANDUM
TO:
COPIES TO:
FROM:
DATE:
REFERENCE:
Ci t Council
James E. Schrantz
April 28, 1989
Request for Work Se sion on
Development/Subdivioion Ordinance Requirements
The City Council's philosophy on development concerning the
extent of the involvement of the City with improvements on
private property has changed from the previous Council.
The ARC committee believes that we should go back and look at our
subdivision ordinances. One of the concerns staff has had for a
number of years is that we need to have a buildable lot and
define what that buildable lot is. Originally we had proposed
that a buildable lot should be a minimum of 11,400 square feet,
at or above the street. Why shouldn't the entire urban lot be
buildable? If there is a need for drainage to go across the lots
and the easement required is greater than the normal 10 foot
drainage and utility easement, it should be in addition to the
standard lot. The lot should be larger.
The City got away from having the entire lot buildable when we
developed Creekridge, Smith's Green Acres and Bent Creek, as
examples. During the subdividing of those plats, the ARC
committee recommended that at least the front 100' of the lot be
buildable and above the curb. This allows a homeowner to put at
least a deck on behind his house without having the lot falloff
into the low area, man-made - like in Creekridge - or natural.
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It seems that after people move into a home they find out they
don't have a usable backyard like they used to have when they
were a kid at home. They become disturbed and start looking for
someone to solve their problem so, they come to the City. We
believe .we should anticipate this and create buildable lots.
We're getting more and more "just developers" that develop the
land and then sell the lots to builders leaving the
responsibility with the builders, similar to what we experienced
in Creekridge. The developer in Creekridge dug a man-made hole
so that he could use the dirt to create additional lots; sold the
lots to individual builders; put the responsibility on the
builders; the builders failed to accomplish the responsibility
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Page Two
Request for Work Session
April 28, 1989
(probably because they didn't control all the lots); and left the
City with dissatisfied citizens. The same thing can happen in
Smith's Green Acres and Bent Creek. We're trying to build too
much on too little land.
The City Council appears to be more sympathetic to this concern.
Therefore~ we should have a work session soon to discuss how we
can amend our subdivision Ordinance so that we can prevent these
problems, building in more control and inspections. People
expect to have a buildable lot.
We're experiencing more developers that don't care to remove all
the trees on the lots so they can't pre-grade the lots to the
grading plan. They want to fill the lot at the time that they
are building the house. Hills of Bunker Lake is a good example.
We've allowed this development to complete some of their grading
at the same time as they are building the house. So far, we
haven't had a great deal of problems with this development but,
there is a potential there may be some lots that won't be graded
to the satisfaction of the buyer. The City has lost control
because we have got out of the subdivision process at that point.
We have our utilities in, streets are improved, the street lights
.are in, the boulevards are graded~ we've satisfied our
subdivision requirements.
An alternative to this is not to release the developer of his
development responsibilities until the houses are all
constructed. That may be two to five years after the subdivision
started. At that time, the developer's bond would be released
for his grading improvements.
In our developments similar to those that Good Value does the
developer stays in control of the development until the last
house is built. They don't just sell lots; they continue to
build themselves. With Creekridge, Smith's Green Acres and Bent
Creek, developers sell the lots to builders and they're gone.
We believe that we have to take a look at our subdivision
ordinance; put more requirements and controls in the subdivision
ordinance; require more inspections; require that the lots are
totally graded to the grading plan before the Building Department
will issue the Certificate of Occupancy. This, of course, is
going to take a great deal more time and effort and it's going to
cost the developers considerably more money if we're going to go
out and make detailed grading inspections and do some elevations
checks to see that everything is graded according to the grading
plan.
o
It is important to improve our subdivision ordinance because
Andover is starting to develop more and more marginal land and
with this the potential for these type of problems are going to
become even greater.
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Page Three
Request for Work Session
April 28, 1989
In the past we've assumed that a new owner coming to a
subdivision has looked at the lot and is buying a lot that is
acceptable to him. It seems as though they are unable to
visualize what the end results of the lot is going to look like.
In the past, during the subdivision process when we've tried to
get more buildable area on the lots, it wasn't very well received
by the Planning Commission or the City Council. They usually
thought we were being too severe.
Example: Creekside Estates and Bent Creek - we spent a great
deal of time trying to get more buildable lot area and lot depth.
In those instances, we were only trying to get the front 100' of
each lot buildable. In fact, the Council challenged it and
accused us of trying to enforce more than what the ordinance
provided for.
If you remember, we had a special meeting where we brought in
drawings showing what we wanted and how we wanted the front 100'
of the lot buildable and above curb, and we also wanted all the
organic soils removed from that 100' so that the entire lot could
support a building or a driveway. In Bent Creek the developer
tried very hard to leave organic soils in the front yard and only
fill the building pad. We were successful in getting the Council
to approve the 100' in depth of buildable lot.
MINNESUfA
SAFETY COUNCIL
\ The Saiety Resourre
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o
April 25, 1989
Ibdd J. Haas, Engineering Assistant
City of Andover
168S Crosstown Blvd. NW
Andover, MN 55304
Dear Me. Haas:
Congratulations! Your cammmity has been selected to receive the Meritorious
Achievement Award in Traffic Safety. The awards cOllIni ttee comneoos you
on your high level of achievement.
Presentation of your award will be inunoo iately proceeding the Covernor' s Safety
Awards Banquet at the 1989 MinneSJta safety Conference, beginning at 7: 00 p.m.
on June 6 at the RacHsson South Ibtel in Bloanington.
The form to advise us of the r::erson who will accept your award an:1 to make
banquet reservations is enclosed. Your award recipient need only pay for
meal function tickets; the recipient's conference registration will be
canplimentary.
We've also enclosed a copy of our conference program and send a warm invi-
tation to other members of your organization to attend the excellent safe-
ty and health programs which will be presented. We encourage you to visit
the largest display of safety and health prcducts am services in Hinneso-
ta.
Your early return of the enclosed reservation form will help us make ef-
fective arrangements for an impressive cererrony. We'll look forward to
hear ing from you by ~1ay 17.
Sincerely,
HINNESOl'A SAFETY CCUNCIL, INC.
&J~
Carol A. Bufton
President
CAB/ntl
enclosures
o
474 Concordia Avenue, St. Paul, Minnesota 55103 (612) 291-9150
Chartered by the National Safety Council- Organized June 1, 1928
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DATE:
May 2, 1989
ITEMS GIVEN TO THE CITY COUNCIL
Minutes - Special City Council Meeting (4/18/89)
Minutes - Regular City Council Meeting (4/18/89)
preliminary plat - Echo Hill
Letter from Philip Martin, united Power Assoc. (4/19/89)
Letter from John Rodeberg, TKDA (4/21/89)
Minutes - Board of Review (4/27/89)
Minutes - Housing & Redevelopment (4/18/89)
Ordinance No. 8HHH
Ordinance Index
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT
AGENDA.
THANK YOU.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
May 2, 1989
ORIGINATING DEPARTMENT
APPROVE
AGENry ,
BY: I
AGENDA SECTION
NO,
ITEM
NO,
Confidential
Administration
Public Works
Labor Agreement
BY: James E. Schrantz
The City Council is requested
I
to consider the attached it~S:
Labor Agreement
Lead Person Job Description
Maintenance Worker Job Description
Proposed Organization Structure
Existing and Proposed Salary Schedule
Anoka's Salary Schedule
49'ers Salary Schedule
Please note the proposed salaries total is less than was budgeted.
The Lead Persons will be Ray, Kevin and Dale.
The Public Works Maintenance Workers will be Wayne, Scott, Rick
and the new Public Works employee.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
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LABOR RELATIONS ASSOCIATES, INC,
{O C. ('.
5/2/'2: 7
7501 Golden Valley Road
Golden Valley. Minnesota 55427
612/546-1470
April 25, 1989
Mr. James E. Schrantz
City Manager
City of Andover
1685 Crosstown Blvd. N.W.
Andover, Minnesota 55304
RE Enclosed Labor Agreement
Dear Mr. Schrantz:
, U-E-CEIV ED:~
n~
CITY OF ANDOVER
A copy of the Labor Agreement is enclosed for your review. The
Agreement does not include fringe benefits, this can be added when the
final contract is put together.
Please call me when you receive the Agreement.
'"
CFS@)
Enclosure
(h Ls>" ~vv-t;- t7l-
De3 c f-/f?~
sue
o
LABOR AGREEMENT
BETWEEN
THE CITY OF ANDOVER
AND THE
MINNESOTA TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES UNION
LOCAL NO. 320
JANUARY 1, 1989 - DECEMBER 31, 1989
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0 TABLE OF CONTENTS
ARTICLE
PAGE
I PURPOSE OF AGREEMENT . . .
. . . . . . . . .
. . . . . 1
II RECOGNITION . . . . . .
. . . . . . . . . .
. . . . . . 2
III UNION SECURITY . . . .
. . . . . . . . . .
. . . . . . 2
IV EMPLOYER SECURITY . . . .
. . . . . . . . .
. . . . . 3
V EMPLOYER AUTHORITY . . . .
. . . . . . . . .
. . . . . 3
VI EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE . . .
. . . . . .
. 3
VII DEFINITIONS . . . . . .
. . . . . . . . . .
. . . . . . 9
VIII SAVINGS CLAUSE . . . .
. . . . . . . . . .
. . . . . . 10
IX WORK SCHEDULES . . . .
. . . . . . . . . .
. . . . . .11
X OVERTIME PAY . . . . .
. . . . . . . . .
. . . . . . . 12
XI CALL BACK . . . . . . .
. . . . . . . . .
. . . . . . . 12
XII LEGAL DEFENSE . . . . .
. . . . . . . . . .
. . . . . . 12
XIII RIGHT OF SUBCONTRACT . . .
. . . . . . . . .
. . . . . 13
XIV DISCIPLINE . . . . .
. . . . . . . . . . .
. . . . . . 13
XV SENIORITY . . . . . . .
. . . . . . . . .
. . . . . . . 13
XVI PROBATIONARY PERIODS . . .
. . . . . . . . .
. . . . . 14
XVII SAFETY . . . . . .
. . . . . . . . . . .
. . . . . . . 14
XVIII JOB POSTING . . . . . .
. . . . . . . . . .
. . . . . . 14
XIX INSURANCE . . . . . . .
. . . . . . . . .
. . . . . . . 15
XX WAIVER . . . . . .
. . . . . . . . . . .
. . . . . . .
DURATION . . . . .
. . . . . . . . . . .
. . . . . . .
APPENDIX A - WAGES . . . .
. . . . . . . . .
. . . . .
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LABOR AGREEMENT
BETWEEN
THE CITY OF ANDOVER
AND
MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT
LOCAL NO. 320
ARTICLE I PURPOSE OF AGREEMENT
This AGREEMENT is entered into between the City of Andover
hereinafter called the EMPLOYER, and Minnesota Teamsters Public
and Law Enforcement, Local 320, hereinafter called the UNION.
The intent and purpose of this AGREEMENT is to:
1.1 Establish certain hours, wages and other conditions of
employment;
1.2 Establish procedur~s for the resolution of disputes
concerning this AGREEMENT'S interpretation and/or
application;
1.3 Specify the full and complete understanding of the parties;
and
1.4 Place in written form the parties' agreement upon terms and
conditions of employment for the duration of this AGREEMENT.
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c:> ARTICLE II RECOGNITION
The EMPLOYER recognizes the UNION as the exclusive
representative for all employees in the job classifications listed
below who are public employees within the meaning of Minn. Stat.
179A.03, Subdivision 14 excluding supervisory, confidential and
all other employees:
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ARTICLE III UNION SECURITY
In recognition of the UNION as the exclusive representative
the EMPLOYER shall:
3.1 Deduct each payroll period an amount sufficient to provide
the payment of dues established by the UNION from the wages
of all employees authorizing in writing such deduction, and
3.2 Remit such deduction to the appropriate designated officer of
the UNION.
3.3 The UNION may designate certain employees from the bargaining
unit to act as stewards and shall inform the EMPLOYER in
writing of such choice.
3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless
against any and all claims, suits, orders, or judgments
brought or issued against the City as a result of any action
taken or not taken by the City under the provisions of this
Article.
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ARTICLE IV EMPLOYER SECURITY
The UNION agrees that during the life of this AGREEMENT it
will not cause, encourage, participate in or support any strike,
slow down, other interruption of or interference with the normal
functions of the EMPLOYER.
ARTICLE V EMPLOYER AUTHORITY
5.1 The EMPLOYER retains the full and unrestricted right to
operate and manage all manpower, facilities, and equipment;
to establish functions and programs; to set and amend
budgets; to determine the utilization of technology; to
establish and modify the organizational structure; to select,
direct and determine the number of personnel; to establish
work schedules; and to perform any inherent managerial
function not specifically limited by this AGREEMENT.
5.2 Any term and condition of employment not specifically
established or modified by this AGREEMENT shall remain solely
within the discretion of the EMPLOYER to modify, establish,
or eliminate.
ARTICLE VI EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE
6.l DEFINITION OF A GRIEVANCE
A ~rievance is defined as a dispute or disagreement as to the
interpretation or application of the specific terms and
conditions of this AGREEMENT.
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6.2 UNION REPRESENTATIVES
The EMPLOYER will recognize representatives designated by the
UNION as the grievance representatives of the bargaining unit
having the duties and responsibilities established by this
Article. The UNION shall notify the EMPLOYER in writing of
the names of such UNION representatives and of their
successors when so designated.
6.3 PROCESSING OF A GRIEVANCE
It is recognized and accepted by the UNION and the EMPLOYER
that the processing of grievances as hereinafter provided is
limited by the job duties and responsibilities of the
EMPLOYEES and shall therefore be accomplished during normal
working hours only when consistent with such EMPLOYEE duties
and responsibilities. The aggrieved EMPLOYEE and the UNION
REPRESENTATIVE shall be allowed a reasonable amount of time
without loss in pay when a grievance is investigated and
presented to the EMPLOYER during normal working hours
provided the EMPLOYEE and the UNION REPRESENTATIVE have
notified and received the approval of the designated
supervisor who has determined that such absence is reasonable
and would not be detrimental to the work programs of the
EMPLOYER.
6.4 PROCEDURE
Grievances, as defined by Section 6.1, shall be resolved in
conformance with the following procedure:
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Step I. An EMPLOYEE claiming a violation concerning the
interpretation or application of this AGREEMENT
shall, within twenty-one (21) calendar days after
such alleged violation has occurred, present such
grievance to the EMPLOYEE'S supervisor as designated
by the EMPLOYER. The EMPLOYER-designated
representative will discuss and give an answer to
such Step I grievance within ten (10) calendar days
after receipt. A grievance not resolved in Step I
and appealed to Step 2 shall be placed in writing
setting forth the nature of the grievance, the facts
on which it is based, the provision or provisions of
the AGREEMENT allegedly violated, and the remedy
requested and shall be appealed to Step 2 within ten
(10) calendar days after the EMPLOYER-designated
representative's final answer in Step 1. Any
grievance not appealed in writing to Step 2 by the
UNION within ten (10) calendar days shall be
considered waived.
Step 2. If appealed, the written grievance shall be
presented by the UNION and discussed with the
EMPLOYER-designated Step 2 representative. The
EMPLOYER-designated representative shall give the
UNION the EMPLOYER'S Step 2 answer in writing within
ten (10) calendar days after receipt of such Step 2
grievance. A grievance not resolved in Step 2 may
be appealed to Step 3 within ten (10) calendar days
following the EMPLOYER-designated representative's
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final Step 2 answer. Any grievance not appealed in
writing to Step 3 by the UNION within ten (10)
calendar days shall be considered waived.
Step 3. If appealed, the written grievance shall be
presented by the UNION and discussed with the
EMPLOYER-designated Step 3 representative. The
EMPLOYER-designated representative shall give the
UNION the EMPLOYER'S answer in writing within ten
(10) calendar days after receipt of such Step 3
grievance. A grievance not resolved in Step 3 may
be appealed to Step 4 within ten (10) calendar days
following the EMPLOYER-designated representative's
final answer in Step 3. Any grievance not appealed
in writing to Step 4 by the UNION within ten (10)
calendar days shall be considered waived.
Step 4. A grievance unresolved in Step 4 and appealed in
Step 5 shall be submitted to arbitration subject to
the provisions of the Public Employment Labor
Relations Act of 1971, as amended. The selection of
an arbitrator shall be made in accordance with the
"Rules Governing the Arbitration of Grievances" as
established by the Public Employment Relations
Board.
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6.5 ARBITRATOR'S AUTHORITY
A. The arbitrator shall have no right to amend, modify,
nullify, ignore, add to, or subtract from the _terms and
conditions of this AGREEMENT. The arbitrator shall
consider and decide only the specific issue(s) submitted
in writing by the EMPLOYER and the UNION, and shall have
no authority to make a decision on any other issue not so
submitted.
B. The arbitrator shall be without power to make decisions
contrary to, or inconsistent with, or modifying or vary-
ing in any way the application of laws, rules, or regu-
lations having the force and effect of law. The
arbitrator's decision shall be submitted in writing with-
in thirty (30) days following the close of the hearing or
the submission of briefs by the parties, whichever be
later, unless the parties agree to an extension. The
decision shall be binding on both the EMPLOYER and the
UNION and shall be based solely on the arbitrator's
interpretation or application of the express terms of
this AGREEMENT and to the facts of the grievance
presented.
C. The fees and expenses for the arbitrator's services and
proceedings shall be borne equally by the EMPLOYER and
the UNION provided that each party shall be responsible
for compensating its own representatives and witnesses.
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6.6
6.7
o
If either party desires a verbatim record of the
proceedings, it may cause such a record to be made,
providing it pays for the record. If both parties desire
a verbatim record of the proceedings the cost shall be
shared equally.
WAIVER
If a grievance is not presented within the time limits set
forth above, it shall be considered "waived." If a grievance
is not appealed to the next step within the specified time
limit or any agreed extension thereof, it shall be considered
settled on the basis of the EMPLOYER'S last answer. If the
EMPLOYER does not answer a grievance or an appeal thereof
within the specified time limits, the UNION may elect to
treat the grievance as denied at that step and immediately
appeal the grievance to the next step. The time limit in
each step may be extended by mutual agreement of the EMPLOYER
and the UNION.
CHOICE OF REMEDY
If, as a result of the EMPLOYER response in Step 4, the
grievance remains unresolved, and if the grievance involves
the suspension, demotion, or discharge of an employee who has
completed the required probationary period, the grievance may
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be appealed either to Step 5 of ARTICLE VI or a procedure
such as: Civil Service, Veteran's Preference, or Fair
Employment. If appealed to any procedure other than Step 4
of ARTICLE VI the grievance is not subject to the arbitration
procedure as provided in Step 4 of ARTICLE VI. The aggrieved
employee shall indicate in writing which procedure is to be
utilized--Step 4 of ARTICLE VI or another appeal
procedure--and shall sign a statement to the effect that the
choice of any other hearing precludes the aggrieved employee
from making a subsequent appeal through Step 4 of ARTICLE VI.
ARTICLE VII DEFINITIONS
7.1 UNION: Minnesota Teamsters and Law Enforcement Employees
Union, Local No. 320.
EMPLOYER: City of Andover.
UNION MEMBER: A member of the Minnesota Teamsters and Law
Enforcement Employees Union, Local No. 320.
7.4 EMPLOYEE: A member of the exclusively recognized bargaining
7.2
7.3
unit.
7.5 BASE PAY RATE: The employee's hourly pay rate exclusive of
longevity or any other special allowance.
7.6 SENIORITY: Length of continuous service in any of the job
classifications covered by ARTICLE II - RECOGNITION.
Employees who are promoted from a job classification covered
by this AGREEMENT and return to a job classification covered
c:> -9-
o by this AGREEMENT shall have their seniority calculated on
their length of service under this AGREEMENT for purposes of
promotion, transfer and layoff and total length of service
with the EMPLOYER for other benefits under this AGREEMENT.
7.7 SEVERANCE PAY: Payment made to an employee upon honorable
termination of employment.
7.8 OVERTIME: Work performed at the express authorization of the
EMPLOYER in excess of either eight (8) hours within a
twenty-four (24) hour period (except for shift changes) or
more than forty (40) hours within a seven (7) day period.
7.9 CALL BACK: Return of an employee to a specified work site to
perform assigned duties at the express authorization of the
EMPLOYER at a time other than an assigned shift. An
extension of or early report to an assigned shift is not a
call back.
ARTICLE VIII SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States,
the State of Minnesota, and the signed municipality. In the event
any provision of this AGREEMENT shall be held to be contrary to
law by a court of competent jurisdiction from whose final judgment
or decree no appeal has been taken within the time provided, such
provision shall be voided. All other provisions of this AGREEMENT
shall continue in full force and effect. The voided provision may
be renegotiated at the request of either party.
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ARTICLE IX WORK SCHEDULES
9.l The sole authority is work schedules is the EMPLOYER. The
normal work day for an employee shall be eight (8) hours.
The normal work week shall be forty (40) hours Monday through
Friday.
9.2 Service to the public may require the establishment of
regular shifts for some employees on a daily, weekly,
seasonal, or annual basis other than the normal 8:00-4:30
day. The EMPLOYER will give seven (7) days advance notice to
the employees affected by the establishment of work days
different from the employee's normal eight (8) hour work day.
9.3 In the event that work is required because of unusual
circumstances such as (but not limited to) fire, flood, snow,
sleet, or breakdown of municipal equipment or facilities, no
.
advance notice need be given. It is not required that an
employee working other than the normal work day be scheduled
to work more than eight (8) hours, however, each employee has
an obligation to work overtime or call backs if requested
unless unusual circumstances prevent the employee from so
working.
9.4 Service to the public may require the establishment of
regular work weeks that schedule work on Saturdays and/or
Sundays.
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c:> ARTICLE X OVERTIME PAY
lO.l Hours worked in excess of eight (8) hours within a
twenty-four (24) hour period (except for shift changes) or
more than forty (40) hours within a seven (7) day period will
be compensated for at one and one-half (1-1/2) times the
employee's regular base pay rate.
10.2 Overtime will be distributed as equally as practicable.
lO.3 Overtime refused by employees will for record purposes under
ARTICLE 10.2 be considered as unpaid overtime worked.
10.4 For the purpose of computing overtime compensation, overtime
hours worked shall not be pyramided, compounded, or paid
twice for the same hours worked.
ARTICLE XI CALL BACK
An employee called in for work at a time other than the
employee's normal scheduled shift will be compensated for a minimum
of two (2) hours' pay at one and one-half (l-I/2) times the
employee's base pay rate.
ARTICLE XII LEGAL DEFENSE
l2.1 Employees involved in litigation because of negligence,
ignorance of laws, non-observance of laws, or as a result of
employee judgmental decision may not receive legal defense by
the municipality.
12.2 Any employee who is charged with a traffic violation,
ordinance violation or criminal offense arising from acts
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performed within the scope of the employee's employment, when
such act is performed in good faith and under direct order of
the employee's supervisor, shall be reimbursed for reasonable
attorney's fees and court costs actually incurred by such
employee in defending against such charge.
ARTICLE XIII RIGHT OF SUBCONTRACT
Nothing in this AGREEMENT shall prohibit or restrict the
right of the EMPLOYER from subcontracting work performed by
employees covered by this AGREEMENT.
ARTICLE XIV DISCIPLINE
The EMPLOYER will discipline employees only for just cause.
o
ARTICLE XV SENIORITY
15.1 Job classification seniority will be the determining
criterion for lay offs when the job-relevant qualifications
between employees are relatively equal.
15.2 Job classification seniority will be the determining
criterion for recall when the job-relevant qualification
factors are relatively equal. Recall rights under this
provision will continue for twenty-four (24) months after lay
off. Recalled employees shall have ten (10) working days
after notification of recall by registered mail at the
employee's last known address to report to work or forfeit
all recall rights.
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ARTICLE XVI PROBATIONARY PERIODS
16.1 All newly hired or rehired employees will serve a six (6)
months' probationary period.
16.2 All employees will serve a six (6) months' probationary
period in any job classification in which the employee has
not serve a probationary period.
16.3 At any time during the probationary period a newly hired or
rehired employee may be terminated at the sole discretion of
the EMPLOYER.
16.4 At any time during the probationary period a promoted or
reassigned employee may be demoted or reassigned to the
employee's previous position at the sole discretion of the
EMPLOYER.
ARTICLE XVII SAFETY
The EMPLOYER and the UNION agree to jointly promote safe and
healthful working conditions, to cooperate in safety matters and to
encourage employees to work in a safe manner.
ARTICLE XVIII JOB POSTING: TRANSFERS AND PROMOTIONS
18.1 The EMPLOYER and the UNION agree that permanent job vacancies
within the designated bargaining unit shall be filled based
on the concept of promotion from within provided that
applicants:
18.11 have the necessary qualifications to meet the
c:> standards of the job vacancy; and
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18.12 have the ability to perform the duties and responsi-
bilities of the job vacancy.
18.2 Employees filling a higher job class based on the provisions
of this ARTICLE shall be subject to the conditions of ARTICLE
XVI (PROBATIONARY PERIOD).
18.3 The EMPLOYER has the right of final decision in the selection
of employees to fill posted jobs based on qualifications,
abilities and experience.
18.4 Job vacancies within the designated bargaining unit will be
posted for five (5) working days so that members of the
bargaining unit can be considered for such vacancies.
o
ARTICLE XIX INSURANCE
19.1 The EMPLOYER will contribute up to a maximum of one hundred
eighty dollars ($180.00) per month per employee for group
health and life insurance including dependent coverage.
19.2 By mutual agreement employees may use fifteen dollars
($15.00) of the per month per employee of health insurance
dollars in 19.1 and 19.2 for dental insurance for all unit
employees.
19.3 Employees not choosing dependent coverage cannot be covered
at EMPLOYER expense for any additional insurance than the
individual group health and group life insurance. Additional
life insurance can be purchased by employees at the
employee's expense to the extent allowed under the EMPLOYER'S
group policy.
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ARTICLE
20.1
20.2
Q
WAIVER
Any and all prior agreements, resolutions, practices,
policies, rules and regulations regarding terms and
conditions of employment, to the extent inconsistent with the
provisions of this AGREEMENT, are hereby superseded.
The parties mutually acknowledge that during the negotiations
which resulted in this AGREEMENT, each had the unlimited
right and opportunity to make demands and proposals with
respect to any terms or condition of employment not removed
by law from bargaining. All agreements and understandings
arrived at by the parties are set forth in writing in this
AGREEMENT for the stipulated duration of this AGREEMENT. The
EMPLOYER and the UNION each voluntarily and unqualifiedly
waives the right to meet and negotiate regarding any and all
terms and conditions of employment referred to or covered in
this AGREEMENT or with respect to any term or condition of
employment not specifically referred to or covered by this
AGREEMENT, even though such terms or conditions may not have
been within the knowledge or contemplation of either or both
parties at the time this contract was negotiated or executed.
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ARTICLE
DURATION
This AGREEMENT shall be effective as of
and
shall remain in full force and effect until the
day of
, except that either party may reopen for
negotiations for calendar
the wage rates in
and calendar
APPENDIX A and the amount of insurance to be shown in ARTICLE 19.2
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT
on this
day of
, 198_
CITY OF ANDOVER
MINNESOTA TEAMSTERS PUBLIC AND
LAW ENFORCEMENT EMPLOYEES
LOCAL NO. 320
-17-
~
, .
o
APPENDIX A
Lead Person:
HOURLY WAGE RATES 1989
$12.50/hr.
$14.25/hr.
Start
Top
Employees classified as Lead Persons will be
paid between the start and top rate based on
such factors as employee performance and
longevity. The rate to be determined solely
by the Employer.
Maintenance Worker:
Start
Top
$ 8.50/hr.
$12.50/hr.
Employees classified as Maintenance Worker
will be paid between the start and top rate
based on such factors as employee performance
and longevity. The rate to be solely deter-
mined by the Employer.
o
CITY OF ANDOVER
POSITION DESCRIPTION
o
POSITION TITLE: Lead Person
DEPARTMENT: Department of Public Works
ACCOUNTABLE TO: Public Works Superintendent
NATURE OF WORK
Under general supervision of the Public works Superintendent, performs
general construction and maintenance work; leads other workers; and
performs work as required.
EXAMPLES OF WORK PERFORMED
Leads and participates in the construction, repair and maintenance of
City facilities and equipment.
Leads and participates with crews involved in a broad range of
maintenance activities.
Assures that proper safety measures are observed by other workers as
required.
Operates a variety of tools and equipment such as loaders, graders,
tractors, trucks, pickups, mowers, blades, hand tools and other
equipment.
Performs related work as required.
DESIRABLE KNOWLEDGE, SKILLS, ABILITIES AND RESPONSIBILITIES
1. Good knowledge of general parks and grounds construction and
maintenance work, tools and equipment.
2. Good knowledge of the safe operation of motorized equipment
and promoting safety on the job.
3. Ability to lead others in construction and maintenance activities
of average difficulty.
5.
Knowledge,
equal to a
establish and maintain effective working relations with
I
skill, abilities and responsibility in other divisions
Public Works II.
4.
Abili ty to
others.
DESIRABLE MINIMUM TRAINING AND EXPERIENCE
o
A combination of training and experience substantially equivalent to
graduation from high school and four years of general construction and
parks or grounds maintenance work.
o
o
page Two
position Description: Lead Person
Division of Parks and Grounds
LICENSES AND CERTIFICATES
Must possess a valid Class B vehicle operator's license issued by the
State of Minnesota, Department of Motor Vehicles. .
Must be able to obtain a Class D Water Supply Operator's Certificate
and a S-D Waste Water Treatment Operator's Certificate within one year
after appointment.
PHYSICAL REQUIREMENTS
Must be able to meet the physical demands of the work involved.
Department Head
Effective Date
CITY OF ANDOVER
POSITION DESCRIPTION
o
POSITION TITLE:
Maintenance Worker
DEPARTMENT:
Department of Public Works
Public Works Superintendent
ACCOUNTABLE TO:
NATURE OF WORK
Under general supervision, performs routine and semi-skilled
maintenance duties in the operation of public works or related
equipment and in the maintenance and repair of municipal water
distribution and sewer systems; performs a variety of mechanical tasks
in the installation; maintenance and repair of water and sewerage
mains and facilities.
Work involves responsibility for the safe and efficient operation of a
variety of public works equipment used in the construction and
maintenance of streets, parks, water, sewer and other municipal
facilities.
Performs related work as assigned.
EXAMPLES OF WORK PERFORMED
Operations:
Operates a variety of tools and equipment such as loaders, graders,
tractors, pickups and dump trucks, air compressors, mowers, tillers,
seeders, sprayers, spreaders, field tractors, snow blowers, chain
saws, hand tools and other equipment; performs general labor and
construction work when necessary and when not engaged in operating
equipment.
May perform street patching, cracksealing, sealcoating, snowplowing,
loading and hauling; street sanding and salting; and storm drain and
catch basin cleaning.
May perform snow removal and may sweep, flood and maintain skating
rinks and care for warming houses.
May do some landscaping, painting, carpentry and other general
maintenance work on public works, park and municipal buildings and
facilities.
Utiliti~s:
Installs service taps and connections, repairs mains, services
hydrants, builds valve chambers and meter pits and repairs pumps.
o
Responds to emergency calls, inspects distribution services for leaks,
poor pressure and other difficulties.
Cleans, builds and repairs manholes, inspects sewer connections, lays
sewer pipe as needed.
o
Page Two
position Description:
Maintenance Worker
Department of Public Works
May test, disassemble, inspect and assemble several sizes and types of
water meters, clean mechanisms, repair or replace worn or defective
meters, and adjust meters to a close degree of accuracy.
May conduct tests on water samples and read meters.
Cleans and maintains shop and equipment, maintains and checks
inventory parts.
Operates and maintains well pumps and sewer lift stations and related
machinery and equipment.
Maintains motor vehicles, small engines, and other equipment used in
sewer and water maintenance and repair.
1.
2.
3.
4 .
5.
0 6.
DESIRABLE KNOWLEDGE, SKILLS, ABILITIES AND RESPONSIBILITIES
Operations:
1. Good knowledge of the mechanical operation of equipment and
equipment accessories.
~. Good knowledge of techniques of operation in maintenance and
construction work.
3. Good knowledge of the safe operation of tools and equipment.
4. Ability to follow oral and written instructions.
5. Ability to establish and maintain effective working relations with
others.
utilities:
Good knowledge of methods, materials and techniques used in the
repair and maintenance of water or sewerage systems and services.
Good knowledge of occupational hazards of the work and necessary
safety precautions.
Some knowledge of methods, practices and tools used in the utility
maintenance field.
Ability to maintain and repair small equipment.
Ability to locate leaks and other malfunctions in water or
sewerage services and to decide on practical methods of repair.
Ability to establish and maintain effective working relationships
with the public in making service repairs.
7. Skill in the use of specialized utility tools and a variety of
small hand tools.
o
o
Page Three
Position Description:
Maintenance Worker
Department of Public Works
DESIRABLE MINIMUM TRAINING AND EXPERIENCE
A combination of training and experience substantially equivalent to
graduation from high school plus three years of street, sewer or water
installation, maintenance and repair work experience.
LICENSES AND CERTIFICATES
Must be able to obtain a Class D Water Supply System Operator
Certificate and a Class S-D Wastewater Treatment Operator Certificate,
depending upon the primary area of assignment, or the ability to
obtain such certificate within one year after appointment. These
certificates are issued by the State of Minnesota, Departm~nt of
Health.
Must be able to obtain a valid Class B vehicle operator's license
issued by the State of Minnesota, Department of Motor Vehicles.
PHYSICAL REQUIREMENTS
Must be able to meet the physical demands of the work involved.
Department Head
Effective Date
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EXISTING
Classification
PWI $13.52 = $28,121.60
PWII $10.84 $22,547.20
PWII $10.02 = $20,841.60
PWIII $8.18 $17,014.40
PWIII
$7.53 = $15,662.40
PWIII
$7.53
$15,662.40
$119,849.60
TOTAL
PWII New position
$10.00 = $20,800
PROPOSED
Classification
LM
LM
LM
MW
MW
MW
$14.25 = $29,640
$13.00 = $27,040
$12.75 = $26,520
$10.50 = $21,840
$10.00 = $20,800
$10.00 = $20,800
$146,640**
**Budgeted amount
$149,064
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49
E.(C
APPENDIX A
\j
WAGES
A-1. The following wage schedule will be in effect from the first
payroll period in 1987 through the last payroll period in 1987:
MAINTENANCE III . . . . . . . . . . $
MAINTENANCE II .........
MAINTENANCE I . . . . . . . . .
12.60 per hour
12.10 per hour
8.72 per hour
A-2. The following wage schedule will be in effect from the first
payroll period in 1988 through the last payroll period in 1988:
MAINTENANCE I II
MAINTENANCE II
MAINTENANCE I .
. . . $ 12.79 per hour
. . .. 12.28 per hour
8.85 - 9.03* per hour
*The actual wage rate will be between $8.85 and $9.03 per
hour based on individual City comparable worth
considera tions. _____---
"
"'-
-~
MAINTENANCE I II
MAINTENANCE II
MAINTENANCE I .
$ 12.98
12.46
8.98 -
per hour
per hour
9.16 per
-~---~-...-.........
"-
'.
\
\
\
)
hour/
----
,.' A-3. The following wage schedule will be in effect from the first
payroll period. in 1989 through the last payroll period in 1989:
''\.,
-- ---
---"~'-
-- "'-
. ._-_._.._._-~.._-,-_-.:-.-:-.__.__._-_.~
B. All new employees hired after February 7, 1984 may be classified
at the sole discretion of the individual cities covered by this
AGREEMENT as MAINTENANCE I and receive Working Out of
Classification pay as provided by Section C of this APPENDIX.
C. WORKING OUT OF CLASSJFICATION PAY
C-1 Employees required by the EMPLOYER and who are adjudged by
the EMPLOYER to be qualified to operate the following items
of equipment will be paid the MAINTENANCE III rate of pay
-for those hours assigned to the unit:
(Heavy Equipment items are those as listed in the
LOCAL ADDENDUM to this MASTER AGREEMENT.)
o
-19-
'.
-
~~
United Power Association
ELK RIVER, MINNESOTA 55330-0800 612-441-3121
10 cC
5jZ/S-tj
.:JEs
1)z.7/ Jy
Philip O. Martin
General Manager
April 19, 1989
Mr. Richard Newland, General Manager
Anoka Electric Cooperative
2022 North Ferry street
Anoka, Minnesota 55303
Dear Rick:
Confirming our earlier telephone conversation, your recent
growth zone applications for the Andover Commercial Park,
Riverdale Shopping Center complex, Gaughan Land Development,
and Coon Rapids Industrial Park have been approved.
I have been advised that these proposals were well prepared
and thought through and your staff should be complimented.
If you have any other questions, please call.
Sincerely,
..-:\':;:'" ~.
~<O \\. ,.'
,e' """>
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~ '-,.
/.~ r r'\!'"'lo 7c.,."t\. ~
; .,~t~j);
~i(j;fl/.~/J
~/
UNITED POWER ASSOCIATION
. /,//
~?c/
Philip o. Martin
General Manager
POM/ de
o
..
1l{,DA
T.oL TZ. KING, DUVALL. ANDERSON
AND ASSOCIATES. INCORPORATED
ENGINEERS ARCHITECTS PLANNERS
2500 AMERICAN NATIONAL BANK BUILDING
SAINT PAUL, MINNESOTA 55101,'893
612/292-4400
FAX 612/292-0083
Apr II 21, 1989
HONORJlBLE MAYOR AND CITY roUNCIL
Andover, Minnesota
Re: Andover, MInnesota
CommIssIon No. 9140-989
Dear Mayor and CouncIl:
The followIng are engIneerIng matters dIscussed, and CouncIl actIon taken,
for the regular scheduled Andover CIty CouncIl MeetIng held on Tuesday,
Apr II 18, 1989.
1. Round Lake
John Lawrence, from the east sIde of Round Lake on Round Lake Blvd.,
asked the CouncIl to explaIn If any measures have been undertaken to
lower Round Lake. He had heard several rumors detailIng the DNR, Ken
Slyzuk or CIty Involvement In lowerIng the lake level. He noted that
the lake was very low and smelly. Mayor EllIng stated that he knew of
no one Involved In any lake lowering. He stated he was also concerned
about the I ake level.
Mr. Rodeberg stated that the water In Dehn's Pond Is approximately 1-
1/2' below the outlet pIpe, and to hIs knowledge no water has gone out
of the outl et In allOOst 2 years.
CouncIl Action
Mayor EllIng noted that the Council has asked the DNR and TKDA to
review the situatIon to determine what factors are affecting the lake
level.
2.
Bruce Hay Sewer Req uest
Karl a Wahl, representl ng Mr. Hay, rEquested that the CIty
service to Bruce Hay through the Coon Rapids Interceptor.
that the Appeals Court ruled that Mr. Hay's property must
sewer serv Ice.
suppl y sewer
She noted
be prov I ded
o
She presented Information from ~~rllla & Associates notIng adequate
capacity withIn the Coon Rapids Interceptor Sanitary Sewer System.
She rEquested prompt response from the CIty.
Council Act I on
Mayor EllIng noted that City staff and the consultant would review her
handout and respond accordIngly.
Honorabl e Mayor and City Council
Andover, Minnesota
Apr II 21, 1989
It Page 2
3. Creekrldge Estates
Mr. Haas described continuing problems regarding the grading of the
pi at. He noted that the developer's survey crew ver I f led the proposed
grades, and problems seem to be related to builders constructing the
wrong type of house, even though It was noted In their development
contract. Mayor EI ling and Mr. Schrantz described past actions on the
sl te. Several resl dents expressed concerns rei ated to the gradl ng.
Mayor EIII ng stated that the two options rev lewed were extendl ng the
pipe through the pond, or hauling common borrow onto,the site to even
out the grade. The probl em noted was how to assess the cost of the
Improvement.
Council Action
TKDA was authorized to survey the pond and cal cui ate the requl red
f III. The staff was asked to approach I nvol ved bull ders to set up a
session with hane owners, Ken Gust, the developer, and the City
Council to review options. The meeting was set for Tuesday, April 25,
1989.
4. Kensington Estates 4th Addition
Mr. Wlndsh It I presented a rev Ised pi at detailing outlots A and B.
Mayor Elling described discussions with the E.P.A. Mr. Wlndschltl
al so recommended that approval of plans and specifications be tabled
Pat th 1st I me.
Counc II Act I on
The Council approved the rev Ised pi at of Kensl ngton Estates 4th
Addition Involving two outlots. The large outlot Is proposed to be
replatted to residential lots when the situation regarding the W.D.E.
Landf III Is decl ded. The Council al so tabl ed the approval of pi ans
and specifications.
5. Crosstown Boul evard Storm Sewer
The Council conti nued to rev lew the options for assessl ng storm sewer
benefit fran Project 87-3B. Mr. Wlndschltl noted that past Council
actions set a precedence for no assessments, and asked If assessments
coul d be I ev led so far after project final. Mr. Elling noted that the
design of Crosstown Blvd. was based on serving Kensington Estates
which resulted In higher costs for the project. Mr. Rodeberg noted
how the emergency overf I ow desl gned to protect homes If f I oodl ng
occurred required a IC7IIer grade on Crosstown Blvd. resulting In the
construction of retaining wal Is. He'also noted that unlike previous
unassessed storm sewer areas, storm sewer was constructed In
Kensl ngton Estates wh Ich outl etted dl recti y I nto the CrosstOl/ n Blvd.
storm sewer, resulting In a cost savings to Kensington Estates. If
this storm sewer was not built, substantial additional storm sewer
woul d have been req ul red with I n the pi at.
o
Honorabl e Mayor and City Council
Andover, Minnesota
Apr II 21, 1989
Page 3
o
The Council rev lewed all options prev lousl Y dl scussed and rEquested
the complete details of each.
Council Act I on
The Council continued the discussion until the special meeting on
Tuesday, April 25, 1989. TKDA will prepare a memo outlining four
options:
Option Ai
Option B:
Option C:
Option D:
Original County Agreement and Assessment Set-up
Original County Agreement with 150' Non-Assessable Area
Modtf led Benef It Amount with Full Assessments
Modi fled Benef It Amount with 150' Non-Assessabl e Area
6. Jay Street Feaslbll Itv Report
Council Action
The Council authorized TKDA to prepare a feasibility report for Jay
Street from Bunker Lake Blvd. to the Coon Rapids border for complete
uti Ilty and street Improvements.
7. Project 88-35A. PI I ot Well. Award Bid
Counc II Act I on
, Act I on was tabl ed until specl al meetl ng schedul ed for Tuesday, Apr II
25, 1 989.
Being no further engineering matters to discuss, the Engineer was excused
at approximately 12:00 Midnight.
JFR/mha
o
e
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
May 2, 1989
ITEM
NO.
Creek ridge
Storm Drainage
BY:
James E. Schrantz
AGENDA SECTION
NO,
ORIGINATING DEPARTMENT
Engineering
The 1989 Budget, under storm Sewer, has a total budget of $28,702.
The funds are mainly for salaries for Public Works for cleaning
the storm sewer lines and catch basins. Under Maintenance and
Repairs, supplies there is about $2,000 that is planned for
existing storm sewers.
Ditch maintenance and any similar projects are planned to be
assessed.
Alternate funding -
1. Require the builders/developers to pay the $5100.
2. 1987 Surplus Funds.
3. Eliminate a budgeted program.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
0. 1I",>";O"""'i>"\I",
rAe"
o nJ
~ .!jY
";;~f,~;~,~:t,,'}1r:"f'1!(i!
CITY of ANDOVER
Regular City Council Meeting - May 2, 1989
7:30 P.M. Call to Order
Resident Forum
Agenda Approval
Approval of Minutes
Continued Board of Review
Discussion Items
1. B. Hay Sewer Request
2. Ordinance 8 Amendment/Vehicle Wash in NB
3. Landowski Special Use Permit
4. Benolkin Special Use Permit (Amended)
5. Mining Permit/L. Morrell
6. Strauss Special Use Permit
7. Anoka County Parks Special Use Permit
8. Heidelberger Variance
9. Echo Hill Preliminary Plat
10. Ordinance 8 Amendment/Ext. Storage of Tires
11. Rename Verdin Street
12. Approve Purchase Agreement/Commercial park
13. Comprehensive plan Process
staff, Committee, Commission
14. Adopt Resolution/Sanitary Sewer Hookups
15. City Clean-up Day
16. Curbside Recycling
17. Steve Kunde/Oak Wilt
Non-Discussion items
18. Red Oaks Manor Final Plat Approval
19. Award Bid/89-4/Red Oaks 6th
20. Award Bid/88-1/Crosstown Bridge
21. Receive Petition/Smith's Green Acres
Approval of Claims
Adjournment
o
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO, Approval of Minutes
DATE
ORIGINATING DEPARTMENT
Adrn~n.
May 2, 1989
APPROVED FOR
AGENDA
ITEM
NO,
BY:
V. Volk
BY:
The City Council is requested to approve the following minutes:
April 4, 1989 Regular Meeting
April 6, 1989 Special Meeting
April 18, 1989 Regular Meeting
April 18, 1989 Special Closed Meeting
April 18, 1989 HRA Meeting
April 27, 1989 Board of Review
MOTION BY
TO
COUNCIL ACTION
SECOND BY
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
May 2, 1989
DATE
ITEM
NO,
B. Hay Sewer
Request
BY:
James E. Schrantz
AGENDA SECTION
NO.
ORIGINATING DEPARTMENT
Discussion Items
Engineering
The city Council is requested to order the preparation of the
amendment to. the Comprehensive Sanitary Sewer and the
comprehensive Plans to include the Hay property within the MUSA
boundary and to provide sanitary sewer service.
TKDA has reviewed the request and has determined at this time
there is capacity in the Coon Rapids Interceptor. They also have
looked at the cost of constructing the Coon Rapids Interceptor,
and looked at the plan for having the sewer go through the C.A.B.
interceptor through the City of Anoka. It seems a lot more
feasible to have the sewer go through the C.A.B. interceptor.
The C.A.B. is planned to be constructed in the year 1990. City
staff has worked with the Metropolitan Waste Control Commission
and are trying to determine what the staging of this station and
what the staging of the interceptor from Andover where it exists
to the lift station may be. I recommend that we talk with Mr. Hay
and determine what his schedule is for development. If his
scheduling is right, it may be practical to serve the Sonsteby
property and the Hay property through the C.A.B. interceptor
providing that the Metropolitan Council and the Metropolitan Waste
Control Commission will approve those modifications to the plan.
Jay Blake has already contacted the Metropolitan Council so that
we can start preparing the amendment to the Comprehensive Plan.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
I/rrh#- to If&;:# /
5/z-/?tj
r&DA
T-OL TZ. KING. DUVALL. ANDERSON
AND ASSOCIATES. INCORPORATED
ENGINEERS ARCHITECTS PLANNERS
2500 AMERICAN NATIONAL BANK BUilDING
SAINT PAUL, MINNESOTA 55101.1893
612/292,4400
FAX 612/292.0083
April 26, 1989
p~
/Iff
Honorable Mayor and City Council
Andover, Minnesota
Re: Turnberry Estates/Hay Lawsuit
Andover, Minnesota
Commission No. 9140
Dear Mayor and Council:
We have rev lelfed the memorandum to Karl a Wahl prepared by John Johnson of
Merlla and Associates, dated April 4, 1989, regarding the above referenced
subject. In general, his cal cui atlons appear with In reason. The estimated
1990 selfage flow and the average flow per person may be on the low side,
and the "Sunmary of Land Use" was not checked, but unl ess the current Coon
Rapl dsl nterceptor Serv Ice Area expands beyond Its current study area,
there Is sufficient capacity to serve this area.
The nunber of units noted Is almost 130 units less than proposed In January
of 1988. It Is assuned a 11ft station will stili be r8:lulred to serve this
area. As noted I n our reports of Apr II 17, 1981, and March 26, 1987, we do
not feel It Is financially feasible to serve this area fran the Coon Rapids
Interceptor. As previously noted, construction and maintenance costs for
the 11ft station and forcemaln appear to make the extension of utilities
prohibitively expensive. It remains most feasible to extend the CAB
Interceptor Into the area.
We recommend serving this parcel, and areas north and south of this parcel,
through the CAB Interceptor due to the physical barrier created by the
wetl ands, as noted I n the current ComprehensI ve Seifer PI an.
J ffi :J
o
@
o
3-1,/,
jOPD
::Y~
Metropolitan Waste Control Commission
Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101
Off
/34.::1( o.p IleA? I :s; oz./ ~
612 222-8423
Mr. James Schrantz
City Engineer/Administrator
city of Andover
1685 Crosstown Blvd., N.W.
Andover, MN 55304
RIE;~~~~O
CITY OF ANDOVER
April 24, 1989
Dear Mr. Schrantz:
This letter is in response to the concerns that you had raised at
the Commission's Implementation Plan hearing held at the city of
Coon Rapids on April 12, 1989.
In discussing your concerns with my staff, I was informed that
Mr. Donald Bluhm has been in contact with you regarding the need
for the city to provide sanitary sewer service to both the Hay and
the Sonsteby Properties located within the CAB service area of the
city.
It 'is my understanding that the existing Comprehensive Plan for the
city neither includes these areas in the 2000 MUSA boundary nor
establishes a timetable for providing sanitary sewer service to
these areas. The initial step in the process of providing
metropolitan sewer service to the CAB service area of the city, is
to amend your comprehensive plan (cp) documenting the needs for
service. The Metropolitan Council is the responsible agency to
conduct the initial review of this request. It is recommended that
you contact Anne Hurlburt, Director of comprehensive Planning at
the Metropolitan Council to obtain the proper forms for this
amendment.
Once the Metropolitan Council has completed its review of the
comprehensive plan and found it to be acceptable, the city must
amend it's comprehensive sewer plan (csp) showing the extent and
schedule of sewer service. The CSP must be submitted for review
and receive the approval by the Commission. The Commission staff
is available to meet with the city representative to coordinate the
review of the CSP with the Metropolitan Council's review of the CP
to allow for completion of the approval process in a timely manner.
o
Once the CSP has been approved showing the need for metropolitan
sewer service, a facilities plan will be developed to identify
alternatives for service and recommend a facility improvement
project. Based on the city's need to provide immediate sanitary
sewer service to these areas, it may be necessary for the city to
provide interim sanitary sewer service through the Coon Rapids
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
o
o
Mr. James Schrantz
Page Two
April 24, 1989
interceptor until a metropolitan improvement in the CAB service
area can be made. For this reason, the city should examine this
alternative as part of your comprehensive plan amendment. Another
alternative may involve the use of available capacity in the Anoka
sewer system on an interim basis. To allow the Commission to
pursue this alternative it will be necessary for the city to
provide information concerning the timing and phasing of the
proposed developments.
If you have any questions in this regard, please call.
Sincerely, . & ~ . __ .
t..~ '\ ~~
Edward J. DeLaForest
Director of Engineering and Construction
EJD:DSB:jle
co: G. o. Voss
C. R. Payne
R. E. Isakson
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
May 2, 1989
DATE
ITEM
NO,
ORLGINAT.ING DEPARTMENT
Plannlng ~
Jay Blak~City planner
BY:
OR
AGENDA DSECTION . It
NO, lSCUSSlon ems
Ordinance 8 Amendment
REQUEST
The Andover City Council is requested to review the proposed
amendment to Ordinance 8 that would allow vehicle wash
establishments in a Neighborhood Business District by Special Use
Permit and as an accessory use to a service station and retail
space.
BACKGROUND
During the first three months of this year, several developers
have approached the City requesting car washes in Neighborhood
Business Districts. Currently, they are only allowed in Shopping
Center (by Special Use Permit), General Business and Industrial
Districts.
The Planning and Zoning Commission reviewed the proposal at two
separate meetings.
The Commission discussed which types of vehicle wash
establishments would be appropriate in NB districts, including
exterior, wand and automatic car washes. It was generally felt
that the large operations (ie. Mega-wash or Typhoon Washes) would
not be appropriate in NB Districts.
I met with several developers and discussed the proposal. They
also felt that small scale car washes were appropriate and that
large operations were not appropriate in NB districts.
A concern was also raised regarding the high number of NB
districts that are "popping up" around town. This issue will most
certainly be addressed by the revised Comprehensive Plan.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
o
Page 2
Ordinance 8 Amendment
May 2, 1989
STAFF COMMENTS
Vehicle wash establishments as a special use in a NB District,
accessory to a service station and 2,000 square feet of retail
space, would not significantly alter the integrity of the
Neighborhood Business District. Nor would the proposed use pose a
significant problem for nearby residential areas, at the proposed
use would be allowed by Special Use Permit and only as a accessory
use to a retail/service center.
PLANNING AND ZONING COMMISSION REVIEW
The Andover Planning and zoning Commission held a public hearing
and there was neighborhood concern from a neighborhood near the
Downtown Center. The Planning Commission recommended that vehicle
wash establishments would not be an appropriate use in
Neighborhood Business Districts because of noise and traffic
concerns. See the enclosed minutes.
o
o
"-.
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 8
AN ORDINANCE AMENDING ORDINANCE NO.8, THE ZONING ORDINANCE OF
THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No.8 is hereby amended as follows:
3.02 Definitions
SECTION 7. USES,
(10-6-87)
7.03 Special Uses
NB Neighborhood Business
Vehicle Wash Establishments as an accessory use with a
service station and 2,000 square feet of retail space and with no
more than one washing stall.
Adopted by the City Council of the City of Andover this
day of , 1989.
CITY OF ANDOVER
ATTEST:
James E. Elling - Mayor
Victoria Volk - City Clerk
o
Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Seven
Ms. Pease asked if double fees would be charged because a
permit was not obtained. Mr. Blake stated yes, they could charge
double fees. She also asked if the building permit could be
issued if the variance granted to bring the building up to
specifications. Mr. Blake stated that all the plans and
specifications would have to be approved by the building
inspector. There would have to be variances for setback of
building, a variance that it is a non-conforming building that is
being completed and life of the building is being prolonged, and
a variance to the fact that he did obtain a building permit.
This would allow Mr. Heidelberger to get a building permit after
the fact.
Mr. Vistad referred to Section 5.04, Variances and Appeals,
where it is stated that hardships or difficulties must have to do
with the characteristics of the land and not the property owner.
Mr. Vistad doesn't feel the hardship, as Mr. Bernard previously
stated in his motion, is a consideration in this case.
Roll call: Sabel-Yes, Bernard-Yes, Spotts-Yes, Ferris-No,
Vistad-No, Pease-Yes. Motion carried.
This will go to the City Council on May 2nd.
Mr. spotts stated that he would like some of the
stipulations to come from Mr. Heidelberger, and not the City
Council.
Mr. Vistad wanted the following statement included for the
record and for the City Council to review: He feels if the City
Council passes this, because there are so many gross violations,
it would be a true indication of setting a precedent in our
community that would make our building requirements, permits and
ordinances a total sign of worthlessness.
RECESS
The Planning Commission recessed at 9:00 p.m. and reconvened
at 9:10 p.m.
ORDINANCE-S AMENDMENT. VEHICLE WASH ESTABLISHMENTS
Mr. Blake explained that this item was a continuation of the
discussion regarding the amendment to Ordinance 8 that would
allow vehicle wash establishments by Special Use Permit in a
Neighborhood (NB) District.
o
o
Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Eight
He also stated that several questions arose as concerns --
which types of establishments would be appropriate within the NB
district, what type/style of wash establishments would be
appropriate for the NB district.
Mr. Blake added a definition of a vehicle wash establishment
that also is the definition used by the City of Minneapolis and
under Section 7.03 Special Uses 7.03, added that vehicle wash
establishments as an accessory use with a service station and
2,000 square feet of retail space and with no more than one
washing stall.
Ms. Sabel asked why Mr. Blake determined that two vehicles
could fit in the stall -- Mr. Blake commented that one stall was
for the wash area and one stall would be for the drying area.
Mr. Spotts asked what neighborhood districts in the City
could be affected by this proposal and where, in the future,
would these NB districts be located. Mr. Blake outlined the
areas of the current neighborhood districts -- locations uf
SuperAmerica, the Speedy Market, the Meadowcreek Office Building,
Hidden Creek outlot, and some are along Hanson Boulevard near
Hills of Bunker Lake. Mr. Blake also explained that as the city
redoes its Comprehensive Plan, this is.an issue the City will
have to address; the City will have to be very protective as to
how the City chooses to develop along the major county roads.
Mr. Spotts also asked if other communities allowed this type
of use in their neighborhood districts -- Mr. Blake stated that
yes, they do with special use permits (restricting with number of
hours, type of hours, what it has to be accessory to, etc.).
Chairman reopened the public hearing.
Richard Thompson,
car washes in Andover.
noisy. '
3422 134th Avenue, spoke in disapproval of
He felt the car washes are too loud and
Dale Strassburg, 3422 136th Lane, is also concerned in
general of. the NB districts in Andover. He felt that Typhoon Car
Wash in Anoka is a single bay establishment, and was concerned
that this type of car wash could conceivably fit under the
proposed ordinance definitions. Also, he asked if the hours of
operation would be limited, and how about the number of
employees. Also, he doesn't feel car washes belong in a
neighborhood districts as the property values are then affect~d.
o
c:> Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Nine
Mr. Strassburg felt the City has a right to protect the
rights of citizens as homeowneFs. He asked how many general
business areas are available for building car washes in the City
of Andover. Mr. Blake stated that there are three areas of
general business in the City -- one is full, and one of the areas
will not be developed for another five-ten years.
Sharon Widmark, 3501 136th Avenue NW, related the 3.02
definition of the proposed ordinance. She feels the detached car
washes are very noisy. She had the feeling that the City was
talking about only attached car washes. She wants to go on
record saying that she doesn't want car washes at all in
established neighborhood businesses, and also the City needs to
look at the rights of the landowners.
MOTION was made by Commissioner Vistad, seconded by
Commissioner Ferris to close the pUblic hearing.
Ms. Sabel agrees that the detached car wash would not be
appropriate in a neighborhood business district. Also, Ms. Sabel
doesn't like the concept of two cars being housed at one time.
She wanted it noted that this car wash would be as an accessory
use with a service station and 2,000 square feet of retail space.
Mr. Ferris was concerned about whether a car wash is
appropriate for the neighborhood business area -- he fee\s it
should be restricted to the general business areas.
Mr. Vis tad stated that the car wash in the neighborhood
business area would be as a convenience for the customers using
the service station that is already there. He feels that the two
vehicles in the stalls would be necessary as one is needed for
washing, and one would be needed for the drying bay.
MOTION was made by Commissioner Spotts, seconded by
Commissioner Vis tad that the Andover Planning and Zoning
Commission recommends to the City Council approval of Ordinance
8, as hereby amended, 3.02 Definitions as presented, Section 7
Uses, Subsection 7.03 Special Uses as presented.
Discussion: Mr. Bernard asked if the maker would consider
deleting the word detached building and just keeping in attached.
Mr. Spotts stated that he wanted the wording as he presented it.
o
Mr. vistad stated this is not a stamped approval of the
process, but that each case would have to come before the city in
the form of aSking for a special use permit.
o
Andover Planning and zoning commission
April 11, 1989
Page Ten
Roll call: Bernard-no, spotts-no, Ferris-no, Pease-no,
Vistad-yes, Sabel-no. Motion fails.
This item will be forwarded to the City Council with a
negative recommendation on May 2nd.
PUBLIC HEARING. ECHO HILL
Mr. Haas stated that the Planning Commission review and the
preliminary plat requested by Mr. Robert Heliker.
Mr. Haas explained that the proposed preliminary plat is
currently zoned R-1, single family rural, minimum area of 2.5
acre lots.
Mr. Haas commented that many variances from the ordinance
would be required to approve this preliminary plat -- lots 1-5 of
Block 1, Phase 1 would require variances as they front on
arterial streets, lots 1 and 4 of Block 1 in Phase II do not meet
the requirement of 300 feet at the building setback line and
would need variances, and in Phase II, an existing pole barn and
two existing garages are located in front of the existing home
and would require variances.
Chairman Pease opened the public hearing.
Mr. Jeff Kane, surveyor for Mr. Heliker, stated he's brought
in a number of plats that have had less than 300 feet frontage in
a cul-de-sac, and almost every time they've been approved.
Although Mr. He1iker is willing to extend the road to the
property line, that would make the lot undersized, and feels this
is a hardship. The City staff disagrees that this is a hardship.
Mr. vistad asked why on Lot 4 went into Lot 3 at an angle,
rather than running it straight back. Mr. Kane stated that Mr.
Heliker it would be a very nice building site to overlook the
valley.
MOTION was made by Commissioner Sabel, seconded by
Commissioner Bernard to close the public hearing.
Mr. Ferris expressed his view that he would have trouble
approving the plat, knowing that there were so many variances
that would be needed.
o
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
May 2, 1989
DATE
AGENDAD~~%Ug~ion Items
NO, 3.
ITEM ,- ,- ~ ,eLL
Use Permit
NO,
OPl~~~I~~~DEPARTMENT
Jay Blake City Planner
BY:
~~::~E~OR
BY: I '(J0
11
REQUEST
The Andover City Council is asked to review the request of Laurel
Landowski (dba Merrymaids Inc.) to allow a business operation in
an R-4 single family residential district. Ordinance 8, Section
5.03 allows the City to grant Special Use Permits to uses that are
similar in nature to uses listed in Section 7. While not
specifically listed, home cleaning businesses could be considered
similar to other service operations allowed in a residential
district.
GENERAL REVIEW
Merrymaids Inc. is a home cleaning business currently being run
form an accessory garage at 13857 NW Underclift Street. The
operation has existed on this site for roughly 2 1/2 years and
employs 18-20 people.
On March 15, 1989, the Andover Deputy cited the business for
violating several sections of the Zoning Ordinance, including:
Section 3. - Definition of a Home Occupation
Section 4.05 - Illegal Use of an Accessory Building
Section 4.30 - Home Occupation Criteria
Section 6. - Residential District Uses
Section 7. - Permitted Uses
Section 8.08 - Illegal Parking
Section 9. - Illegal Completion of an Accessory Building
without a Building Permit
Initial complaints about the business were received by City Hall
in 1987 and no follow-up was taken at that time.
One significant problem area exists: the business does not meet
the criteria of a Home Occupation.
c
MOTION BY
TO
COUNCIL ACTION
SECOND BY
o
Page 2
Landowski SUP
May 2, 1989
The Zoning Ordinance allows individuals to operate a business from
their home if the following criteria are met: A) The business must
be totally within the principal structure, B) The business is
limited to professional offices, minor repair services, photo or
art studios, dressmaking, teaching or similar uses and C) There
can be no more than three additional parking spaces needed for the
operation of the business.
First, the business is currently being operated from an accessory
structure. The garage was finished off and no building permit was
obtained to complete the renovation. Secondly, there are 18-20
employees and parking is a problem in the morning hours. The
operation as it currently exists cannot be a home occupation.
In order to meet the criteria of a home occupation, the applicant
has discussed the possibility of moving the operation into the
principal structure and only using the accessory building as a
storage building. The parking criteria cannot adequately be met
with the number of employees at this site.
REVIEW CRITERIA
Section 5.03 of Ordinance 8 outlines the criteria to use in order
to determine the acceptability of a Special Use Permit, including,
"the effect of the proposed use upon the health, safety, morals,
and the general welfare of the occupants of the surrounding lands,
existing and anticipated traffic conditions on adjacent streets,
including parking facilities, and the effect on values of property
and scenic views and the effect on the Comprehensive Plan."
The review criteria should be examined carefully:
1) The effect of the proposed use on the health, safety, morals
and the general welfare of the community.
While the mere presence of a home cleaning operation in a
residential district may not present a health, safety or moral
dilemma for the neighbors, the intense use of the accessory
structure sets a dangerous precedent by allowing a business
operation to be run from an accessory building.
on ad"acent
The anticipated traffic from the property presents a problem
between the hours of 8:00 a.m. and 10:00 a.m. when all of the
employees report for work and receive assignments for the day.
Staff has witnessed on several occasions on-street parking etc.
Adequate parking facilities are not provided on the property.
o
Page 3
Landowski SUP
c:> May 2, 1989
3) The effect on values of property and scenic views in the
surrounding area.
The operation of a business from an accessory building and at the
intensity of this proposal, would have a detrimental effect on the
property values of surrounding properties. As the business is not
operated from the home and employs 18-20 individuals, the
intensity of the use is greater than a home occupation and should
be treated as a commercial use in a residential district.
As a commercial use within a residential district, this proposal
would undoubtedly have a negative effect on property values in the
neighborhood.
4) The effect on the Comprehensive Plan.
The Andover Comprehensive Plan and Development Framework outlines
major policy objectives for commercial development within the
City. One of the major concerns of the Comprehensive Plan is the
transition between commercial uses and residential districts. The
placement of an intense commercial use in the middle of a
residential district would not be in keeping with the
Comprehensive Plan.
COMMISSION OPTIONS
1. The Andover City Council may approve the Special Use Permit
requested by Laurel Landowski for the operation of a business in a
residential district. The business shall meet all criteria
outlined in Section 5.30 of Ordinance 8 for the operation of a
Home Occupation including but not limited to:
A) The operation shall be conducted from the principal
structure and no business shall be conducted from the
accessory structure.
o
B) There shall be parking provided for no more than three
employees at anyone time. A parking plan shall be
submitted and approved by the City.
C) The applicant shall obtain all necessary building pe~mits
to remodel the accessory structure back to its original
use-garage and storage. No business can be conducted from
the garage.
D) The Special Use Permit shall be reviewed in six (6) months
to establish if the operation is in compliance with all
City Ordinances. An annual review will occur after the
initial inspection.
o
Page 4
Landowski SUP
May 2, 1989
2. The Andover City Council may deny the Special Use Permit
requested by Laurel Landowski for the operation of a business in a
residential district. The Commission finds the following facts in
making this determination:
A) The current operation is an illegal business within an R-4
Single Family residential district.
B) The business is being conducted from an accessory
structure.
C) The operation does not meet the criteria of a Home
Occupation.
D) The accessory building was altered without first obtaining
the appropriate building permits.
E) Adequate parking is not provided on the property.
F) The current use is too intense for the property.
The Council also finds that the criteria for granting a Special
Use Permit is not met by this proposal, including: 1) A negative
effect on the welfare of the neighborhood, 2) Parking and
congestion problems on the property, 3) A negative impact on
property values in the area and 4) Non-compliance with the City's
Comprehensive Plan.
3. The Andover City Council may table this item.
STAFF RECOMMENDATION
Because of significant Ordinance violations, staff recommends
Option ~2 (Denial).
PLANNING AND ZONING COMMISSION RECOMMENDATION
The Andover Planning and Zoning Commission reviewed the proposal
and held a public hearing on this item. There was no significant
opposition to the proposal. The Planning Commission recommended
that the Special Use Permit be issued with the following
conditions:
1. The operation be moved from the accessory structure to
the principle structure.
o
2. A parking plan will be worked out with the City Planner.
3. The Permit will be reviewed in six months and annually
after that to ensure compliance with the City Ordinances.
'.:1
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sup'lt '
CITY of ANDOVER
,,1685 CROSSTOWN BLVD. N.W.
ANDOVER, MINNESOTA 55304
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SPECIAL USE PERMIT 'REQUEST FQRM
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property Address /3357
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Legal Description of property:
(Fill 'i,n whichever is appropriate)
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Lot
Block
Addition
3~ - 3:2 ~ ~;f -~~ tJtf;L7
plat
Parcel
PIN
(If metes and bounds, attach the complete legal)
Rea,son for Request ,~ t/~ ~.....t.(.~ ~ ~
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Section of Ordinance
Current zoning'
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**********************************************************************
LI7U/ZEL L/lIVD(JLJS/::l-
Address "/3157 Lindk-rel,It-~.; ,
::::a::::e ~~-,(~~~ne Date
Name, of Applicant
L/r!?7- CJ53/
3/;'<7/%C(
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**********************************************************************
property Owner (Fee Owner)
(If different from above)
Address
s~ as
- /"".." ';
ah? b1.J-I?
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Home phone
Business phone
Signature
, Date,
-
**********************************************~***********************
/Attach a scaled drawing of the property, and structures affected
showing: scale and north arrow; dimensions of the property and
O structures; front, side and rear yard building setbacks; adjacent
I, streets; and location and use of existing structures within 100 feet.
\ ' . I . ,. .
"-- ' '! ' '
/The names and addresses of all property owners within 350, feet of the
/ subject property must also be provided~,'
Application Fee: $150.00
Filinq Fee: $10.00
Date Paid 3/2.1
Receipt It 66 J 10
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CITY of ANDOVER
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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, April 11, 1989 at the Andover City Hall,
1685 Crosstown Blvd. NW, Andover, MN to hear the request of
Laurel Landowski for a Special Use Permit to allow a business
operation in a Residential District.
The business would be located at 13857 NW Underclift st.
Written and verbal comments will be received at that time and
location.
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vic ~ volk, city Clerk
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~
aniel Melander
3852 Round Lake Blvd.
ndover, MN 55304
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Llael Koski
3827 underclift st.
ndover, MN 55304
andra Sanderson
707 - 139th Avenue
ndover, MN 55304
onald Bruss
694 - 139th Avenue
ndover, MN 55304
arl & Nancy Haugland
3689 - 138th Lane
ndover, MN 55304
Warren Lindberg
3, . '\ - 139th Lane
M-.0ver, MN' 55304
Curtis Trebby
3703 - 139th Lane
Andover, MN 55304
Leonard Parker
3640 - 139th Lane
Andover, MN 55304
Paul Hollingsworth
13967 Tulip street
Andover, MN 55304,
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Bruce & Shirley Juhl
13844 Round Lake Blvd.
Andover, MN 55304
Terry & Sandy Rush
13835 Underclift st.
Andover, MN 55304
Daniel stout
3720 - l39th Avenue
Andover, MN 55304
Donald Ekberg
3693 - 139th Avenue
Andover, MN 55304
She1ia & Steve Bolduc
3705 - 138th Lane
Andover, MN 55304
Carla McCoy
3692 - 139th Lane
Andover, MN 55304
Ronald Sewald
3649 - 139th Lane
Andover, MN 55304
David Burnett
3654 - 139th Lane
Andover, MN 55304
Steven Patchen
13961 Tulip Street
Andover, MN 55304
Gerald Priddy
13828 Round Lake Blvd.
Andover, MN 55304
Janice Frion
13845 Underclift st.
Andover, MN 55304
K. Custer & D. Dahlgren
3708 - 139th Avenue
Andover, MN 55304
James McAllister
3719 - 139th Avenue
Andover, MN 55304
David Trapp'
3718 - 139th Lane
Andover, MN 55304
Scott Thompson
3691 - 139th Lane
Andover, MN 55304
Cory Kinneberg
3667 - 139th Lane
Andover, MN 55304
Elmer Roos
3666 - 139th Lane
Andover, MN 55304
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P"LATrAK'Tt!tMOO"1k _U.'"... P"ONM..IHC... H
No. . 30310
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Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Seventeen
, '
Mr. Vistad wanted the following statement added to his
motion: For the operation of a mail order or phone-in four-wheel
drive parts business and retail of new tires. The seconder
agreed with this addition.
Mr. Ferris thought that the wording about retail of new
tires should not be included. Mr. Vistad agreed that it would be
okay to delete that part of the statement (retail of new tires)
in the motion so that it would read: For the operation of a mail
order or phone-in four-wheel drive parts business.
Mr. spotts asked how the new owners would repair/clean up
the outside of the building. Mr. Blake stated that the City is
working with the owners with some planning/signage/etc.
All voted yes. Motion carried.
This item will go to the City Council on May 2nd.
PUBLIC HEARING: SPECIAL USE PERMIT: MERRYMAIDS. BUSINESS
OPERATION IN RESIDENTIAL DISTRICT
Mr. Blake reviewed the request for a Special Use Permit by
Laurel Landowski to allow the operation of a home cleaning
business in an R-4 single family residential district, section
7.03.
Mr. Blake explained that the home cleaning business is
currently being run from an accessory garage at 13857 NW
Underclift Street, and the operation has existed for
approximately 2-1/2 years and employs 18-20 people. The Andover
Deputy had cited the business for violating several sections of
the Zoning Ordinance.
In addition to those violations, Mr. Blake stated that the
significant problem was that the business does not meet the
criteria of a Home Occupation and the fact that the business is
being operated from an accessory structure.
Chairman Pease opened the pUblic hearing.
o
Mr. Vistad stated that if this business was a minor repair
service, there may be 18 clients in one day coming to that house.
Mr. Blake stated that the similar use was not as much of an
issue, but the issue was that the business was run from the
accessory building, and it was remodeled without a ~~~cial UGe
permit.
t>lMld,,, 6
o
Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Eighteen
Mr. Vistad then asked if the employees were to receive their
daily assignments from the actual home, would it then still be a
problem. Mr. Blake stated that this would alleviate a lot of the
problem.
Laurel Landowski stated that she is the owner and purchased
the franchise six years ago. She also explained that people come
to the office at 7:45 a.m. and disperse at 8:10. She also
mentioned that her property is uniquely set up to accommodate the
employee vehicles that remain there during the day on her large
driveway. The employees do return at the end of the day to
return the equipment.
Mr. Vistad asked
storage of equipment.
accessory building is
telephone there.
if the accessory building was used for
Ms. Landowski replied that yes, the
used for this purpose and also there is
the
Ms. Landowski stated that there is no customer contact at
her site and that all the sales are made over the phone. She
also explained that since she had been notified that there was a
problem with the on-street parking, that it has been eliminated,
with the exception for half an hour in the mornings, there are 2-
3 cars on the street.
Ms. Landowski stated she has heard no complaints from the
neighbors. Also there were written statements from Bruce and
Shirley Juhl (neighbors) which stated that they have no
objections whatsoever to the continued operation of the business.
Also a written statement was submitted by Carla McCoy indicating
that she lives across the street from Ms. Landowski and that
there is no extra noise/traffic problems associated with her
business. A third written statement was received by Mr. David
Burnett who lives at 3654 139th Lane NW asking that there be no
on-street parking due to the number of bicyclists and pedestrians
in the area and also that he was in favor of Ms. Landowski
getting her permit.
Mr. Vistad felt that to include this type of business as a
home occupation might be a proper solution, thus not requiring a
special use permit.
o
Mr. Blake stated that the ordinance would have to be amended
first. Mr. Vistad agreed to this, stating that he didn't think
this type of home business would create any traffic problems.
o
Andover Planning and Zoning commission
April 11, 1989 Meeting Minutes
Page Nineteen
Ms. Sabel asked how are businesses such as daycares and
Amway classified. Jay Blake stated that they are considered home
occupations if they're operated out of the home and they fit
under the "similar uses" category.
Mr. Bernard asked if Ms. Landowski ran the business out of
her home, would that solve the problem. Mr. Blake stated that
would solve the biggest problem with this situation, and he felt
that he could work with Ms. Landowski to alleviate the on-street
parking situation.
Ms. Landowski asked if she moves her telephone from her
accessory structure to the kitchen in her home, that would be
technically running her business from her home. The Commission
agreed that this would, in effect, allow her to run her business
from her home.
Ms. Pease asked about the equipment being stored in the
garage structure. Mr. Blake related that the equipment being
stored in the garage would not be a problem.
Mr. Ferris asked if Ms. Landowski's business is growing to
the point where there might be 30+ employees in the near future.
Ms. Landowski reported that her business has leveled off since
last year, and she doesn't anticipate any tremendous growth.
Mr. Vis tad stated that he didn't feel a special use permit
was necessary. Mr. Blake recommended that the Commission should
still go through the permit process and have a waiver of the
three additional parking spaces.
Mr. Ferris asked if the item 1) C in the recommendation for
approval would need to be accomplished -- having the applicant
obtain building permits to remodel the accessory structure back
to its original use as garage and storage. Mr. Blake stated that
he could probably work with the applicant on this item and that
his concern was that no business is conducted out of this
building.
Mr. ?potts questioned the applicant what
restore the garage to its original structure.
the overhead garage door was affixed shut.
it would take to
She stated that
o
Mr. spotts asked the applicant how many vehicles in general
are left on the premises each day. Ms. Landowski stated that
Monday-Wednesday, approximately 3-6 employee cars are parked in
her driveway from 8:00 a.m. - 4:00 p.m.; on Thursday and Friday
abciut nine cars are parked from 8:00 a.m. - 4:00 p.m.
o
Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Twenty
MOTION was made by Commissioner Sabel, seconded by
Commissioner Vistad to close the public hearing. All voted yes.
Motion carried.
MOTION was made by Commissioner Sabel, seconded by
Commissioner Bernard that the Andover Planning and Zoning
Commission recommends to the City Council approval of the Special
Use Permit requested by Laurel Landowski with the stipulations
listed in Option 1 provided by staff which include:
,
A)
That the operation shall be conducted from
the principal structure and no business shall
be conducted from the accessory structure.
B) The parking plan to be worked out with the
City Planner.
C) The Special Use Permit shall be reviewed in
six months to establish if the operation is
in compliance with all City Ordinances. An
annual review will occur after the initial
inspection.
Discussion: It was recommended to include in the motion
that a public hearing was held, and letters of support were
entered into the public record. The maker of the motion and the
seconder agreed to this addition.
All votes yes. Motion carried.
PUBLIC HEARING: SPECIAL USE PERMIT. ANOKA COUNTY PARKS
DEPARTMENT
This permit request, described by Mr. Blake, is to allow the
construction of a public utility structure in a Residential
District, as required by Ordinance 8, Section 7.03
Chairman Pease opened the public hearing.
Mr. Dave Torgelson, Director of the Parks and Recreation for
Anoka County, reviewed the proposal to construct a storage
building (36' x 104') on the property located at 1350 NW Bunker
Lake Boulevard. He stated that the equipment sits outside, and
that they needed this storage building to protect the equipment.
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -89
A RESOLUTION APPROVING THE REQUEST OF THE LAUREL LANDOWSKI
TO ALLOW THE OPERATION OF A HOME CLEANING BUSINESS IN A R-4 SINGLE
FAMILY RESIDENTIAL DISTRICT, ON PROPERTY LOCATED AT 13857 NW
UNDERCLIFT STREET.
WHEREAS, Laurel Landowski has requested a Special Use
Permit to allow the operation of the home cleaning business from
her residence at 13857 NW Underclift Street, and
WHEREAS, the Andover Planning and Zoning Commission
reviewed the proposal at their April 11, 1989 meeting, and
WHEREAS, the Andover Planning and Zoning Commission held
a public hearing, no opposition was heard and three letters of
support were received from neighbors, and
WHEREAS, the Andover Planning and Zoning Commission
believes that this use, while not specifically noted as an allowed
use, is similar in nature to other home occupations allowed in a
residential districts, and
WHEREAS, the proposed use would have no significant
negative impact on the health, safety, morals and general welfare
of the community, and
WHEREAS, The proposed use would have no significant
negative impact on traffic or parking conditions in the area, and
WHEREAS, the proposed use would have no significant
negative impact on the values of property or scenic views in the
area, and
WHEREAS, the proposed use would have, no significant
negative impact on the Andover Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover approve the request of Laurel Landowski for a
Special Use Permit to allow the operation of a home cleaning
business in a Residential District, as required by Ordinance 8,
Section 7.03, with the following conditions placed on the
operation:
A. The business operation be moved from the accessory
structure to the principle structure, per Ordinance 8,
Section 4.30.
o
B. A parking plan be developed and approved by the City of
Andover.
o
o
Page 2
Landowski Special Use Permit
May 2, 1989
C. The permit shall be subject to a six (6) month review
and an annual review after that time to ensure
compliance with City Ordinances.
Adopted by the City Council of the City of Andover this 2nd day of
May, 1989.
CITY OF ANDOVER
ATTEST:
Michael Knight, Acting Mayor
Victoria Volk - City Clerk
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
May 2, 1989
Discussion Items
Engineering
,,1 'I(c
OR
AGENDA SECTION
NO.
ORIGINATING DEPARTMENT
ITEM
NO,
.
Benolkin Special
Use Permit (amended)
BY: Todd J. Haas
The City Council is requested to review and approve the amended
Special Use Permit as requested by Jim Benolkin for mining at
16040 University Avenue.
The reason that this permit is back for the Council to review is
that Mr. Benolkin specifically, at the time of the original
Special Use Permit, asked for only 6 months to complete the site
work. Mr. Benolkin did not complete the work within the six month
period and is asking for the amended Special Use Permit for 1 year
with an annual review.
Attached is the application, public hearing notice, list of
property owners within 350 feet, the resolution for the special
use permit, and the diagram showing the area to be excavated.
It is recommended the same rules apply as indicated on the
resolution approved by the City Council on May 3, 1988.
Also attached is a resolution amending the special use permit.
The Planning and Zoning Commission has reviewed the application
and recommends approval. Attached are the minutes of the Public
Hearing.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
o
RES. NO.
A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT REQUESTED BY
JAMES W. BENOLKIN TO MINE SOIL FROM 16040 UNIVERSITY AVENUE NW.
WHEREAS, pursuant to published and mailed notice, the Planning
and zoning Commission has conducted a public hearing and reviewed
the request of James W. Benolkin to mine soil from the property at
16040 University Avenue NW; and
WHEREAS, the amended Special Use permit has been reviewed by the
City Engineer; and
WHEREAS, as a result of such hearing and review, the Planning
and zoning Commission recommended to the city Council approval of a
Special Use Permit requested by james W. Benolkin to mine soil at
the property located at 16040 University Avenue NW.
WHEREAS, the city Council is in agreement with the
recommendation of the Planning and Zoning Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Andover to hereby approve the Special Use Permit for James W.
Benolkin for a period of 1 year with an annual review with the
following conditions:
1. Safety precautions be taken at the end of each working day
to prevent injury to playing children, bike riders and
snowmobilers, etc;
2. Signs be placed on both sides of the access of the property
for any county or city street acting as a haul road
indicating trucks hauling;
3. The amount of material to be hauled be limited to 2,000
cubic yards;
4. The haul road will be University Avenue to 157th Avenue and
the vehicles used in the hauling operation do not exceed
single axle 6 yard dump trucks;
5. Hauling of material is Monday through Friday, 8:00 A.M. to
8:00 P.M. and Saturdays, 8:00 A.M. until 4:00 P.M.;
6. watering the roadway to control dust at dry times.
Adopted by the City Council of the City of Andover this
day of
, 19
CITY OF ANDOVER
o
ATTEST:
Michael Knight
Acting Mayor
Victoria Volk - City Clerk
o
Andover Planning and zoning Commission
April 11, 1989 Meeting Minutes
Page Fourteen
Safety precautions are to be taken at the end of each
working day to prevent injury to playing children, bike riders,
snowmobilers, etc.
The applicant is required to restore the banks of the mined
area after the area has been excavated using an approved topsoil,
seed and/or vegetation or brush to establish erosion control.
The applicant shall provide the City of Andover with a
security bond to hold the City harmless against road damage and
for restoration of the site as determined by the City Engineer.
signs are to be placed on both sides of the driveway (haul
road) indicating trucks hauling.
Hauling of material is Monday through Friday, 7:00.a.m. to
7:00 p.m. and Saturdays 8:00 a.m. to 4:00 p.m.
It is recommended by City Staff that Mr. Morrell be in
contact with the various governmental agencies to obtain the
necessary permits and issuing a copy of such to the City for
their files.
The maximum amount of cubic yardage would be 30,000, with an
annual review for the special use permit.
This approval of the mining permit is in reference to
Ordinance 8, section 4.24.
All voted yes. Motion carried unanimously.
This will go to the City Council on May 2nd.
*
PUBLIC HEARING:
BENOLKIN. AMENDED SPECIAL USE PERMIT
Mr. Haas presented this agenda item, explaining that this
was a request by Jim Benolkin for mining at 16040 University
Avenue. The reason, Todd stated, this permit is back for review
is that the original Special Use Permit asked for only six months
to complete the work. As Mr. Benolkin did not complete the worle
in six months, he is asking for an amended special Use Permit for
one year, with an annual review.
Chairman Pease opened the public hearing.
o
o
Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Fifteen
Mr. Bernard asked why this was being brought before the
Commission. Mr. Haas explained that Mr. Benolkin thought the job
could be completed within six months, and because it was not, a
review was required by the Planning Commission for an extension
on the Special Use Permit.
MOTION was made by Commissioner Vistad, seconded by
Commissioner Sabel to close the pUblic hearing. All voted yes.
Motion carried.
MOTION was made by Commissioner Vistad, seconded by
Commissioner Bernard that the Andover Planning and Zoning
Commission recommends to the City Council approval of the
extended Special Use Permit for one year with annual review
requested by Mr. Benolkin, at 16040 University Avenue. All
previous requirements are to continue on this extension of the
Special Use Permit No. R-074-88. A public hearing held, and
there was no opposition.
No discussion.
All voted yes. Motion carried.
PUBLIC HEARING: STRAUSS, SPECIAL USE PERMIT. RETAIL SALES IN AN
INDUSTRIAL DISTRICT
Mr. Blake stated that this is a request for a special use
permit by Michael Strauss to allow retail trade and sales in an
Industrial District (pursuant to Ordinance 8, Section 7.03).
Mr. Strauss proposes to lease a portion of the building
(currently known as Andover Tire Town) located at 13650 NW Hanson
Boulevard to operate a mail order or phone-in four-wheel drive
parts business.
Mr. Blake reviewed the four items of criteria for the
Planning Commission to evaluate this proposal. He found that
there will not be any detrimental effect on the health, safety,
morals and general welfare of the community; that the proposed
use should not have a detrimental effect on the traffic or
parking congestion on the property; that the proposal will not
have a negative effect on the property values; and that the
proposal meets policy objectives in the Comprehensive Plan.
o
Chairman Pease opened the public hearing.
MOTION was made by Commissioner spotts, seconded by
Commissioner Vistad to close the public hearing.
CITY of ANDOVER
~
. ;1685 CROSSTOWN BLVD. N.W.
ANDOVER, MINNESOTA 55304
SUP i
o4t A mend e.d
SPECIAL USE PERMIT REQUEST FORM
Property Address
l~o40
()..rW'~t"5'-fy
AI/t!.,
Legal Description of property:
(Fill in whichever 'is appropriate)
Lot
Block
Addition
plat
parcel
PIN
,-;,- '3'2.-'2.14 - &4, - /)OQ>
(If metes and bounds, attach the complete legal)
Reason for Request
Section of Ordinance
Current zoning R-' ~,~'e. Fo.Mil'Y e",(Q,(
**********************************************************************
Name. of Applicant JJ m .!le;./oLf! /tJ
{j /0.), t.l6" f S i fy A t/~ .
I I
;)5: Busi
,- **************************** ****************************************
signature
//-V.i)QI/C"fL
fJ1A.i s-.s-31
Address
Home phone
ne
Date 3/~ /f c;
I
property Owner (Fee Owner)
(If different from above)
Address
Home phone
Business phone
Signature
Date
**********************************************************************
Attach a scaled drawing of the property and structures affected
showing: scale and north arrow; dimensions of the property and
Ostructures; front, side and rear yard building setbacks; adjacent
streets; and ,location and use of existing structures, within 100 feet~
~'< :.
all property owners within 350 teet of
be provided.
. ..~.
the
The names and addresses of
subject property must also
~S": 00
Application Fee: $t: "'
", .:.~ '-~
".'
!,.....
Date Paid
Receipt i
Filing Fee:
$10.00
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100
,
,
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
The City of Andover Planning and zoning Commission will hold a
public hearing at 7:30 P.M., Tuesday, April 11, 1989 at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN to
consider the request of James Benolkin for an Amended Special Use
Permit to mine dirt from the property described approximately as
the North 1/2 of the North 1/2 of NE 1/4 of the SE 1/4 of Section
13, Township 32, Range 24, Anoka County, Minnesota.
All opponents and proponents of said amended special use permit
will be heard at the above time and location.
~k
Victoria Volk - City Clerk
o
JbMES DENOLKIN MINING PERMIT
PROPER'l'Y OWNERS
Will. & Sachiko brzdorf
16035 University Bxt. N.E.
1Iam Lake, MN 55304
Dick Gregor
Route 3, BoX 274
North Branch, MN 55056
Frederick & patricia Brett
230 Constance Boulevard N.W.
bndover, MN 55304
-
C. 11. ~ Rebecca Orttel
15921 university nvenue N.W.
bndover, MN 55304
Robert Rundle
198 constance Boulevard
bndover, MN 55304
Pat & Kathleen Dobrava
l6120 University bvenue N.W.
bndover, MN 55304
David & Loretta sunderland
260 constance Boulevard N.W.
bndover, MN 55304
Michael & Carol Johnson
16080 University bvenue N.W.
bndover, MN 55304
Jack & Lois Fritz
15974 University ~venue N.W.
bndover, MN 55304
o
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R074-88
A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUESTED BY JAMES W.
BENOLKIN TO MINE SOIL FROM 16040 UNIVERSITY AVENUE NW.
WHEREAS, pursuant to published and mailed notice, the Planning and
Zoning Commission has conducted a public hearing and reviewed the
request of James W. Benolkin to mine soil from the property at 16040
University Avenue NW; and
WHEREAS, the Special Use Permit has been reviewed by the City
Engineer and there was no opposition; and
WHEREAS, as a result of such hearing and review, the Planning and
Zoning Commission recommended to the Ci.t.y-council approval of a
special Use Permit requested by James W. Benolkin to mine soil at the
property located at 16040 University Avenu~NW.
WHEREAS, the City Council is in agreement with the recommendation
of the Planning and zoning Commission~
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Special Use Permit for James W. Benolkin
for a period of six months with the following conditions:
1. safety precaution? be taken at the end of each working day to
prevent injury to playing children, bike riders and
snowmobilers, etc;
'2. The applicant will provide the City with a security bond to
hold harmless against road damage and for restoration of the
site;
3. Signs be placed on both sides of the access of the property
for any county or city street acting as a haul road indicating
trucks hauling;
4. The amount of material to be hauled be limited to 2,000 cubic
yards;
5. Copies of letters from the Coon Creek watershed Board and the
Corps of Engineers;
6. The haul road will be University Avenue to 157th Avenue and
the vehicles used in the hauling operation do not exceed
single axle 6 yard dump trucks;
7. Hauling of material is Monday through Friday, 8:00 A.M. to
8:00 ~.M. and Saturdays, 8:00 A.M. until 4:00 P.M.;
8. watering the roadway to control dust at dry times.
Adopted by the City Council of the City of Andover this 3rd day of
May , 19~.
CITY OF ANDOVER
.0
/.(-+- /-#/,
l~~~-" r.,.~-c.~'
Victoria volk - City Clerk
'~
; . ./,.'., -
Y (...~~.....-.:~.I
j~rry Windschitl - Mayor
ATTEST:
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO.
DATE
ORIGINATING DEPARTMENT
May 2, 1989
Discussion Items
Engineering
,('5~
ITEM
NO.
.
Mining Permit/
L. Morrell
BY: Todd J. Haas
The city staff has reviewed the application and their comments are
as follows:
a. safety precautions be taken at the end of each working day
to prevent injury to playing children, bike riders and
snowmobilers, etc.
b. The applicant shall provide the city of Andover with a
security bond to hold the city harmless against road damage
and for restoration of the site as determined by city
Engineer.
c. Signs to be placed on both sides of the driveways at
16th Avenue NW and Verdin Street.
d. The applicant is requested to make reasonable use of the
property without altering the topography greatly.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
o
o
Page Two
Mining Permit/L. Morrell
May 2, 1989
e. watering the roadway to control dust at dry times.
f. Hauling of material is Monday through Friday, 8:00 A.M. to
8:00 P.M. and Saturdays, 8:00 A.M. to 4:00 P.M.
g. The applicant is required to restore the banks ~f the mined
area after the area has been excavated using an approved
topsoil, seed, and/or vegetation or brush to establish
erosion control.
h. Obtaining all necessary permits from the DNR, U.S. Army
Corps of Engineers, the Watershed Organization, and any
other agency which may be interested in the site.
i. The applicant is proposing to mine the area in yellow over
the next few years. See attached drawing. The area in
blue has been excavated.
NOTE: Mr. Morrell will be in contact with the u.s. Army Corps of
Engineers and the Department of Natural Resources about
obtaining the necessary permits.
Staff recommends approval of the Special Use Permit.
The Planning and zoning Commission has reviewed the application of
Mr. Morrell and recommends approval. All voted yes.
.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
o
RES. NO.
A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUESTED BY LARRY
MORRELL TO MINE SOIL FROM THE PROPERTY AT 1850 - 167TH AVENUE NW AS
REQUIRED PER ORDINANCE 8 SECTION 4.24.
WHEREAS, pursuant to published anq mailed notice, the Planning
and Zoning Commission has conducted a public hearing and reviewed
the request of Larry Morrell to mine soil from the property at 1850 -
167th Avenue NW; and
WHEREAS, the Special Use permit has been reviewed by the City
Engineer; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Andover to hereby approve the Special Use Permit for Larry
Morrell with the following conditions:
1. Safety precautions be taken at the end of each working day
to prevent injury to playing children, bike riders and
snowmobilers, etc;
2. The applicant shall provide the City with a security bond to
hold harmless against road damage and for restoration of the
site as determined by City Engineer.
3. Signs be placed on both sides of any of the driveways at
167th Avenue NW and Verdin Street;
4. The applicant is requested to make reasonable use of the
property without altering the topography greatly.
5. watering the roadway to control dust at dry times.
6. Hauling of material is Monday through Friday, 8:00 A.M. to
8:00 P.M. and saturdays, 8:00 A.M. until 4:00 P.M.;
7. The applicant is required to restore the banks of the
mined area after the area has been excavated using an
approved topsoil, seed, and/or vegetation or brush to
establish erosion control.
8. Obtaining all necessary permits from the DNR, U.S. Army
Corps of Engineers, the Watershed Organization, and any
other agency which may be interested in the site.
Adopted by the City Council of the City of Andover this
day of , 19
CITY OF ANDOVER
0 ATTEST:
Michael Knight
Acting Mayor
Victoria Volk - City Clerk
o
Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Twelve
Jay Blake reported that the city of Coon Rapids sent a
notice and will hold a hearing.tomorrow night regarding the
preliminary plat in the Maxwell Estates. One of the items to be
discussed is the alignment of Hummingbird street.
Mr. Blake also stated that there may need to be a variance
for lot depth of lot 11 located on the west side of the proposed
Hummingbird street because a hardship has been created with
Hummingbird street located on the Coon Rapids side of 133rd
Avenue.
Mr. Vistad asked if it would be possible to propose to Coon
Rapids to move Hummingbird street over a little bit, so no
variance would be required. Mr. Blake stated that it would be
dividing two property lines and would make it more difficult to
do this.
Chairman Pease took an informal poll of the Commission to
see if the sketch plan meets with their approval at this point in
time. All commissioners agreed this plan is fine.
commissioner spotts had a question of what would become of
Outlot A -- Mr. Blake stated it would probably be some sort of
drainage area.
This item will be reviewed by the City council on May 2nd.
~ PUBLIC HEARING: MORRELL. MINING PERMIT
Mr. Haas explained that Mr. Larry Morrell requested a
special Use Permit to mine dirt as required per Ordinance 8,
section 4.24.
He also stated that since the spring of 1988 the City of
Andover has been strictly enforcing property owners and
contractors that are actively mining dirt, to obtain the
necessary permits from local, state and federal governments. An
observation was made by the city staff during 1988 that Mr.
Morrell had been mining and removing dirt since about 1981
without a Special Use Permit.
Chairman Pease opened the public hearing.
Mr. Haas stated that Mr. Morrell was planning to excavate
approximately 30,000 cubic yards over the period of a few years.
City Staff recommends the excavation goes at least six feet to
alleviate problems with vegetation.
o
o
Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Thirteen
, '
Mr. Vistad stated that it was his understanding that for
previous mining permits, it was a requirement to show the actual
before grade and final grade on the sketches, and the
grades/slopes going into the pond areas. Why wasn't this
information included now? Mr. Haas stated although it was not
indicated, it would be their usual procedure to have 5:1 or 4:1
slopes on the banks, and the depth of the pond would be five
feet. Mr. Haas stated that Mr. Nordeen brought in a drawing
similar to this, and his plan didn't indicate any grades/slopes
at that time.
Ms. Sabel asked if that was the County ditch that was shown
on the diagram. Todd Haas reported that Mr. Morrell is required
to get approval from the U.S. Army Corps of Engineers, and that
it would be helpful to have this information in the city files.
Chairman Pease asked why there hasn't been a special use
permit up until now. Mr. Haas stated that there hasn't been any
complaints on Mr. Morrell's activities of mining dirt, and that
the city has just begun enforcement of this section of the
ordinance.
Mr. Ferris asked about the approximate amount of acreage
Todd Haas estimated between 2-3 acres. Mr. Ferris also asked if
there are restrictions set up on the directions the vehicles
would travel. Mr. Blake commented that there are no such
restrictions on the route of travel.
MOTION was made by Commissioner Sabel, seconded by
Commissioner Vistad, to close the public hearing. All voted yes.
Motion carried.
MOTION was made by Commissioner Bernard, seconded by
Commissioner Spotts, that the Andover Planning and zoning
Commission recommends to the city Council approval of the Special
Use Permit requested by Larry Morrell at 1850 167th Avenue NW for
the purpose of mining black dirt. The proposed use will not be
detrimental to the health, safety and general welfare of the
community and will not cause serious traffic congestion or
hazards. It will not seriously depreciate surrounding property
values ana it is in harmony with the general purpose and intent
o~ the zoning ordinance and City's Comprehensive Plan. A public
hearing was held, and there was no opposition.
o
The applicant is requested to make reasonable use of the
property without altering the topography greatly.
~
o
Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Fourteen
Safety precautions are to be taken at the end of each
working day to prevent injury to playing children, bike riders,
snowmobilers, etc.
The applicant is required to restore the banks of the mined
area after the area has been excavated using an approved topsoil,
seed and/or vegetation or brush to establish erosion control.
The applicant shall provide the city of Andover with a
security bond to hold the City harmless against road damage and
for restoration of the site as determined by the City Engineer.
signs are to be placed on both sides of the driveway (haul
road) indicating trucks hauling.
Hauling of material is Monday through Friday, 7:00 a.m. to
7:00 p.m. and Saturdays 8:00 a.m. to 4:00 p.m.
It is recommended by City Staff that Mr. Morrell be in
contact with the various governmental agencies to obtain the
necessary permits and issuing a copy of such to the City for
their files.
The maximum amount of cubic yardage would be 30,000, with an
annual review for the special use permit.
This approval of the mining permit is in reference to
Ordinance 8, Section 4.24.
All voted yes. Motion carried unanimously.
This will go to the City Council on May 2nd.
PUBLIC HEARING: BENOLKIN. AMENDED SPECIAL USE PERMIT
Mr. Haas presented this agenda item, explaining that this
was a request by Jim Benolkin for mining at 16040 University
Avenue. The reason, Todd stated, this permit is back for review
is that the original Special Use Permit asked for only six months
to complete the work. As Mr. Benolkin did not complete the worJ~
in six months, he is aSking for an amended Special Use Permit for
one year, with an annual review.
Chairman Pease opened the public hearing.
o
.1'
CITY of ANDOVER
1685 CROSSTOWN BLVD. N.W.
. ANDOVER. MINNESOTA 55304
t:,,~"~~Pe:CIA(" USE -.PERMIT ""REQUEST"~ FOBM-'
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property Address
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Legal Description of Property:
(Fill in whichever is appropriate)
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Lot
Block
Addition
Plat
PIN
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parcel
(If metes and bounds, attach the complete legal)
Reason for Request GICo..vo..f"~
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Section of Ordinance 6 sd..cHon l./.zL/ Cur rent zoning
R-j ~/e F'~tev.r().1
**********************************************************************
Address /,.860 ~
llome Phone 76 f3>J /' CJ / Business phone
Signature-' (~~ . ~/J..P~
*****~****************************************************************
LA /Z-Ly ,mC' -e .l!..~z.L..
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Name. of Applicant
'~4f"E
Date 3 -/7 - ?9'
Property Owner (Fee Owner)
(If uifferent from above)
Address 0...
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Attac~ ~ i~aled drawing. of the property and ~structures ;affected
showing: scale and north arrow; dimensions !of the property and .
-. structures; front," side and rear 'yard building.....~. setback$;"':adjacent~'...
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:The names and addresses of all' 'propertyowneri:('wlthiil350feet:of,;/the "N':j:<'
. .:subject property must also be pro'vided .;,:,'-':;,,;;,.;.:,,:._':::-;...,'.' .:' ".::~':;:"""'~"';'7 -r-"':;::,:,,":, .
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CITY of ANDOVER
APPLICATION FOR LAND RECLAMATION, MINING, OR SOIL PROCESSING
Permit Fee
Receipt It
Date paid
$ Ih() .
~~71
~- -'If,-/
Permit No.
The undersigned hereby makes application for a permit for the
excavation, removal or grading of rock, sand, dirt, gravel, clay
and other like material within the City of 'Andover, agreeing to
do all work in strict compliance with City Ordinances and hereby
declares that all the facts and representations stated in this
application are true and correct.
Applicant ~AA~~"--!l--VU!/'/ Telephone 7)3. - J7tl /
Address /8.~{J - /~ ? r/__(7...- 4.//(/)
Owner of Land AilLJt!!y /I'1r?'R/?k'Lt- Telephone 76_~-./'7/?/
Address /(('6-0 ~ /t? '7 ,61.?'~ 4/#)
T~e correct legal description of the premises where:
PIN It /oon44-</3-occ<- j:he removal or excavation of' rock, sand, dirt,
gravel, clay or other like materials shall or
does occur, or /
PIN It ("'32..:!.4-o.j~-OOOz. the storage or disposition of rock, sand, dirt,
gravel, clay or other like materials shall or
does occur, or
PIN It IO_3?_~'1.'f3-0"o~ grading of rock, sand, dirt, gravel, clay or
other like materials shall or does occur.
Estimated time schedule of intermediate operations of the
removal, storage or excavation Spflrtj. 0+ 1"l131
Estimated date of completion of the above operation 7e.a.( of '"Z.-ool
statement of purpose for removal, storage or excavation
Complete
the City
shall be
1{,7-fA
list of highways, streets or other public ways within
upon and along which the materials excavated or removed
transported
I..COlt!. NW ,y'<l.r""I<.~~""'''+Cl roo.d. ~".d_.__~+1- S rres.;f,
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PerSons responsible for actual operation of the site
J.,L) JZ. J,> ,/ ./11 c) e /C ~..c: L-
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Type of Equipment ('./?,~./S~/<?/...J~//c;:7r;'?./ Erop"
Map or plat showing the following five (5) items (may be on same
map) :
1. The existing land elevations and water table elevations
based on sea level readings.
2. The proposed pit or excavation to be made showing the
confines or limits thereof together with the proposed
finished elevations (side slopes not to exceed 4:1)
based on sea level readings.
3. Present zoning and land use (parcel and within 350' of
affected property).
4. Proposed zoning and land use (if change is desired).
5. Scale to the nearest .10 feet, north arrow, and existing
street names.
Surety or Security Bond, in such form and sum as set by Council
Resolution, running to the City, conditioned to pay the city the
cost and expense of:
a. Repairing any highways, streets, or other public ways
within the City made necessary. by the special burden
resulting from hauling and transporting thereon by the
applicant, the amount of such cost to be determined by
the city Council; and conditioned further to save the
City free and harmless from any and all suits or claims
for damages resulting from the negligent excavation,
removal or storage of rock, sand, dirt, gravel, clay or
other like material within the city.
b. Renovating the site to an approved land use in the event
of revocation of said permit by either party.
Applicant is required to furnish certificates of insurance to the
City in the amounts of at least $100,000.00 bodily injury
liability per person; $300,000.00 per person for injuries or
death arising from anyone occurrence; and $50,000.00 property
~amage liability for anyone occurrence.
Such insurance shall include a ten (10) day notice of
cancellation or non-renewal of insurance and such notice shall be
provided to the City upon its issuance.
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Describe precautions to be tnl'"" tu evr/li{l ....re;lt-ing nuisances or
hazards to public heal th and s;.a.hdy.
,
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Applicant shall post at said site a
and a copy of the Resolution of the
copy of the Permit granted
city granting such permit.
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DEPARTMENTAL COMMENTS
PLANNING
Present Zoning
Proposed Zoning
Present Land Use
Proposed Land Use
Ultimate Land Use
Recommendations to Planning Commission
.'
.'
ENGINEERING
Drainage
Water table
Haul Roads
Street Load Restrictions
Bridge Crossings
"
Mining Procedures and Equipment
Dust Control
Restoration
Location of Utilities
How the Proposed Contours Relate to the Proposed Land Use,
S~reets Grades, Utility Grades, etC.
Recommendations to City Council
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APPROVALS
Comments & Restrictions of the Planning Commission:
Approval of Planning Commission
Chairman
Comments & Restrictions of the City Council:
Approval of the City Council
Mayor
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CITY of ANDOVER
. .
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
The City of Andover Planning and zoning Commission will hold a
public hearing at 7:30 P.M., Tuesday, April 11, 1989 at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN to
consider the request of Larry Morrell for a Special Use Permit to
mine dirt from the property at 1850 - 167th Avenue NW described
as that part of the East 1/2 of the Southwest 1/4 of the
Southeast 1/4 of Section 10, Township 32, Range 24, Anoka County,
Minnesota.
All opponents and proponents of said special use permit will be
heard at the above time and location.
V~of#city
Clerk
o
... ,., ,
'-
0 Donald Osman
1781 - 167th Avenue NW
Andover, MN 55304
Norman Stout
1909 - 167t:h Avenue NW
Andover, MN 55304
Randy Pleisance
1928 - 167th Avenue NW
Andover, MN 55304
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 · (612) 755-5100
March 10, 1989
Lawrence Morrell
1850 - 167th Avenue NW
Andover, MN 55304
Re: Mining
Dear Mr. Morrell:
An inspection' has been made of your property and it does appear
that over 400 cubic yards of material (sand, gravel, peat, etc.)
has been removed from your property. Ordinance 8, Section 4.24
Mining, requires a Special Use Permit to Gonduct such 'activity.
Removal of any additional material after receipt of this letter
.will constitute a violation of this ordinance.
If you have any questions, feel free to contact me at 755-5100.
Sincerely,
CITY OF ANDOVER
-1 nLJ j /1.a<J. d
Todd J. Haas
Assistant City Engineer
TJH:kmt
Attachments: Ordinance 8 Section 4.24
Certified Mail Receipt ~P 012 259 528
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
May 2, 1989
AGENDA SECTION
NO.
Discussion Items
DATE
ORIGINATING DEPARTMENT
Planning
ITEM
NO.
Strauss Special
Use Permit
APPROVED FOR
AG 0
BY:
Jay Blake, City Planner
BY:
REQUEST
The Andover city Council is asked to review the request
of Michael Strauss to allow retail trade and sales in an
Industrial district (Ordinance 8, Section 7.03).
GENERAL REVIEW
The subject property is located at 13650 NW Hanson Boulevard.
The applicant proposes to lease a portion of the main building
from the owners, to operate a mail order or phone-in four-wheel
drive parts business. The remainder of the building will be used
by the owners for the retail sale of new tires and U-haul rental.
The building, currently known as Andover Tire Town, has been sold.
to Raymond and Steven Sweeney. The tires on the property are
being removed as part of the purchase agreement.
The proposed Special Use Permit will be only for a portion of the
building (see enclosed drawings). The area of the proposed retail
area is roughly 500 square feet on the south side of the building.
REVIEW CRITERIA
Section 5.03 of Ordinance 8 outlines the criteria to use in order
to determine the acceptability of the special use permit,
including, "the effect of the proposed use upon the health,
safety, morals and the general welfare of the occupants of
surrounding lands, existing and anticipated traffic conditions on
adjacent streets, including parking facilities, the effect on
values of property and scenic views and the effect on the
Comprehensive Plan."
COUNCIL ACTION
MOTION BY
TO
SECOND BY
o
Page Two
strauss Special Use Permit
May 2, 1989
The review criteria should be examined carefully:
1) The effect of the proposed use on the health, safety, morals
and the general welfare of the community.
As the proposed use does not call for exterior storage of
materials and the parts will be mail order and not stored outside
the building, the use should not have a detrimental effect on the
health, safety, morals and general welfare of the community.
2) The existin
streets, 1nc
ad "acent
The proposed use should not have a detrimental effect on the
traffic or parking congestion on the property. The property is
within the City's Tax Increment Financing district and the City is
currently examining the completion of a frontage road along Bunker
Lake Boulevard. No significant traffic congestion or parking
problems will occur due to this small retail space.
3) The effect on values of property and scenic views in the
surrounding area.
The proposal will not have a negative effect on the property
values in the surrounding area.
4) The effect on the Comprehensive Plan.
The proposal meets policy objectives in the Comprehensive Plan
(see enclosed Comprehensive Plan, Commercial Section).
COUNCIL OPTIONS
1) The Andover City Council may approve the Special Use Permit
requested by Michael Strauss for the operation of a retail
business in an Industrial district as allowed by Ordinance 8,
Section 7.03, with any or all of the following conditions:
A. The exterior storage of equipment associated with this
business shall not be allowed, unless a special use permit
for such storage is approved by the City Council.
o
B. The applicant must submit signage plans and obtain the
appropriate sign permits prior to installation.
C. The storage of new or used auto parts outside the structure
is not allowed.
D. The permit will be subject to an annual review.
o
o
Page Three
strauss Special Use Permit
May 2, 1989
2) The Andover City Council may deny the Special Use Permit
requested by Michael strauss for the operation of a retail
business in an Industrial district as allowed by Ordinance 8,
Section 7.03.
3) The Andover City Council may table the item.
STAFF RECOMMENDATION
Staff recommends option #1 (approval).
PLANNING AND ZONING RECOMMENDATION
The Andover Planning and Zoning Commission held a public hearing
and reviewed the proposal. There was no public opposition. The
Planning and Zoning Commission recommended approval of the
proposal with the conditions outlined in Council Option A.
CITY of ANDOVER
1685 CROS~>TOWN BLVD. N.W.
ANDOVER. MINNESOTA 55304
sup. It
SPECIAL USE PERMIT REQUEST. FORM
Property Address 131050 IJ.W. \-\M~o,.J15Ll1t:>.
Legal Description of Property:
(Fill in whichever is appropriate)
t
Lot
Block
/
I
Addi tion t~l.fJ'I'lh..
PIN 34-32-- 24 - 41- 0004-
plat
Parcel
(If metes and bounds, attach the
Reason for Request ...<Jak u:I 11 fur.
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complete legal)
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Section of Ordinance 7.D3 . Current zoning .1
**********************************************************************
Name of Applicant /Vl""fA1~' 12. s-Jl?AUS$
Address /Lf=?'3> +14W1~OlJ:51 Me }.lo. f;Roo<.er'k.i MRJ< fYvW -:;g.j4J-f
Home Phone 5l:>o-bOIt.f .' Business .phone 5foro-lz...'1~
Signature H~~ ~~--~_.._-------' Date .r5/2.7/81.
************************************************************~*********
Address 1\\70 KUMQt/.-1fi
H~me phone ~;:~6~.~ _
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Date
Property Owner (Fee Owner)
(If different from above)
'cf(I1-'rtW/JNO
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Business phone
************************************************~*********************
Attach 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
g;treets; and location and use of existing structures.within 100 feet.
The names and addresses of all property owners within 350 feet of the
subject property must also be provided.
Application Fee:
Filing Fee:
$150.00
$10.00
Date Paid "tJ/Z.1
Receipt *
JU 3/1-
ZONING MAP
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CITY OF ANDOVER
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23. Home occupations shall be controlled so as to prevent adverse effects
which may detract from residential amenities. While it is possible to
permit certain types of business to be conducted within a home, such
businesses shall not be permitted to display advertising signs, conduct
retail operations, or otherwise be inconsistent with the residential character
of the area in which said home occupation is located.
("
Public and Semi-Public
1. Public and semi-public buildings shall be adequately related to adjoining
land uses through the provision of plantings, proper setting, screening,
etc.
2. Public facilities shall be constructed and main~ined so as to set examples
for developers of private foci I ities.
3. Within Andover, recreational facilities shall be provided on a community
basis.
4. A wide range of recreational activi ties in the area should be provided.
5.
In providing for a wide range of recreational activities, both the active
and the passive types of recreation should be provided. Thus, noture
walks and picnic areas should be provided, as well as playgrounds,
skating rinks, tennis courts, etc.
(
Commercial
1. Public policy shall be conducive to improvement of conditions affecting
business operation, but not to the point of endangering the public welfare
and intent of the Comprehensive Plan.
2. Future commercial areas shall be based upon the concept of the integrated
business center developed according to a specific site plan and justified
by a feasibility study.
3. Any further spot or commercial development shall be strongly discouraged
in favor of a unified development pattern.
I
. .
4. When opportunities arise, existing spot development shall attempt to
- consolidate into more functional patterns.
.
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5.
Community commercial and neighborhood service centers shall be
developed as cohesive, highly inter-related units with adequate
off-street parking.
6. Careful attention will be given to the proper definition of land uses
by type; the distinction between "commercial" and "industrial" will
be clearly drawn in the zoning ordinance. .
7. The location of new business areas should be justified by an adequate
market study (market radius, customer potential, suitable location in the
mQfket radius, etc.) and consideration for the community development
and circulation pattern.
8. As in housing developments, excellence of design and structural quality
will be encouraged in commercial developments.
9. Joint utilization of parking, access, and other related supportive services
shall be promoted in service and commercial districts and individual
deve lopments.
10. Safe and convenient pedestrian movement shall be provided within service
and commercial developments.
(
11.
When possible or when opportunities arise, major street access for service
and commercial development shall be at the periphery of the area.
12. Commercial development at street intersections of one quadrant does
not indicate or dictate commercial use of the remaining quadrants.
13. Neighborhood convenience centers shall be located along arterial or
collector streets .
14. Neighborhood convenience centers shall be located with convenient
accessibility for both motorists and pedestrians, given due consideration
to market demand and community development.
15. Orderly transitions between commercial and residential areas shall be
established and maintained.
o
58
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16. All existing service and commercial uses shall be adequately screened
or buffered from any adjacent residential development.
17. It shall be the responsibility of existing commercial developments to
assume the burden of making necessary improvements to insure compatibility
with surrounding residential uses.
18. Existing service and commercial uses shall be adequately and appropriately
landscaped according to community requirements as may be amended.
19. A commercial maintenance code shall be formulated and enfarced to
help ensure that commercial structures represent community attributes on
an ongoing basis.
Industrial
1. Industrial development shall be confined to the 811ieting industrial park, and
if any additional deve.lopment occurs, it will be in the sewered areas of the City.
2. Industrial development shall provide adequate off-street parking and
loading facilities.
3. Industrial uses shall be located within easy access of major streets or
arterials and industrial-oriented traffic shall penetrate local streets as
little as possible.
4. Penetration of residential neighborhoods by traffic generated by industrial
activity shall be prohibited.
5. Give due consideration to all potential physical implications and services
and facit ity demands (i.e. traffic generation, sewer and water demands, etc.)
of any proposed industrial expansion.
6. It shall be the responsibit ity of existing industrial developments to assume
the burden of making necessary improvements to insure compatibility with
surrounding residential uses.
7. . Outside storage of equipment and materials shall be screened and landscaped
to eliminate any visual impact.
o
59
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CITY of ANDOVER
, '
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, April 11, 1989 at the Andover City Hall,
1685 Crosstown Blvd. NW, Andover, MN to hear the request of
Michael strauss to allow retail trade and services in an
Industrial District.
The proposal would be for property described as follows: Eastern
1/2 of Lot 4, Block 1, pankonin Addition (13650 Hanson Boulevard).
Written and verbal comments will be heard at that time and
location.
'u ILb
vicki Volk, City Clerk
o
o
Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Fifteen
Mr. Bernard asked why this was being brought before the
Commission. Mr. Haas explained that Mr. Benolkin thought the jOb
could be completed within six months, and because it was not, a
review was required by the Planning Commission for an extension
on the Special Use Permit.
MOTION was made by Commissioner Vistad, seconded by
Commissioner Sabel to close the public hearing. All voted yes.
Motion carried.
MOTION was made by Commissioner Vistad, seconded by
Commissioner Bernard that the Andover Planning and Zoning
Commission recommends to the City Council approval of the
extended Special Use Permit for one year with annual review
requested by Mr. Benolkin, at 16040' University Avenue. All
previous requirements are to continue on this extension of the
Special Use Permit No. R-074-88. A public hearing held, and
there was no opposition.
No discussion.
All voted yes. Motion carried.
PUBLIC HEARING: STRAUSS, SPECIAL USE PERMIT, RETAIL SALES IN AN
INDUSTRIAL DISTRICT
Mr. Blake stated that this is a request for a special use
permit by Michael Strauss to allow retail trade and sales in an
Industrial District (pursuant to Ordinance 8, Section 7.03).
Mr. Strauss proposes to lease a portion of the building
(currently known as Andover Tire Town) located at 13650 NW Hanson
Boulevard to operate a mail order or phone-in four-wheel drive
parts business.
o
Mr. Blake reviewed the four items of criteria for the
Planning Commission to evaluate this proposal. He found that
there will not be any detrimental effect on the health, safety,
morals and general welfare of the community; that the proposed
use should not have a detrimental effect on the traffic or
parking congestion on the property; that the proposal will not
have a negative effect on the property values; and that the
proposal meets policy objectives in the Comprehensive Plan.
Chairman Pease opened the public hearing.
MOTION was made by Commissioner Spotts, seconded by
Commissioner Vistad to close the public hearing.
o
Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Sixteen
. .
Mr. Spotts asked if this means retail sale of new tires.
Mr. Blake explained that this proposal is for mail-order only.
Mr. Elling asked if Mr. Blake had checked it out with the
City Attorney to see if it was okay to issue two special use
permits on the same parcel. Mr. Blake stated that he had not,
but he would check it out.
Mr. Vis tad asked what the other owner would be selling. Mr.
Blake stated that the other owner would be looking to operate a
tire sales business. Mr. Vistad thought that because someone
could be ordering a set of new tires for a four-wheel vehicle
(through the mail order), then new tires could be included in
this special use permit.
MOTION was made by Commissioner Vistad, seconded by
Commissioner Ferris that the Andover Planning and Zoning
Comm~ssionrecommends to the City Council approval of the Special
Use Permit requested by Michael Strauss for the operation of a
retail business in an Industrial District located at 13650 NW
Hanson Boulevard, as allowed by Ordinance 8, section 7.03 with
any or all of the following conditions:
A. The storage of equipment associated with this
business shall not be allowed outside the
building, unless a special use permit for
such storage is approved by the City Council.
B. The applicant must submit signage plans and
obtain the appropriate sign permits prior to
installation.
C. The storage of new or used auto parts outside
of the structure is not allowed.
A public hearing was held, and there was no opposition. The use
shall not have a detrimental effect on the health, safety, morals
and general welfare of the community. The proposed use shall not
have a detrimental effect on traffic or traffic congestion on the
proposal. The proposal will not have a negative effect on the
property values in the surrounding area. The proposal meets
policy objectives in the Comprehensive Plan. This proposal is
contingent upon the review and approval by the City Attorney.
o
Discussion: Mr. Ferris asked if this permit was done on an
annual-review basis. Mr. Blake stated that these types of
permits would just continue, unless complaints are received.
o
Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Seventeen
. .
Mr. vistad wanted the following statement added to his
motion: For the operation of a mail order or phone-in four-wheel
drive parts business and retail of new tires. The seconder
agreed with this addition.
Mr. Ferris thought that the wording about retail of new
tires should not be included. Mr. Vistad agreed that it would be
okay to delete that part of the statement (retail of new tires)
in the motion so that it would read: For the operation of a mail
order or phone-in four-wheel drive parts business.
Mr. Spotts asked how the new owners would repair/clean up
the outside of the building. Mr. Blake stated that the City is
working with the owners with some planning/signage/etc.
All voted yes. Motion carried.
This item will go to the City Council on May 2nd.
PUBLIC HEARING: SPECIAL USE PERMIT: MERRYMAIDS. BUSINESS
OPERATION IN RESIDENTIAL DISTRICT
Mr. Blake reviewed the request for a Special Use Permit by
Laurel Landowski to allow the operation of a home cleaning
business in an R-4 single family residential district, Section
7.03.
Mr. Blake explained that the home cleaning business is
currently being run from an accessory garage at 13857 NW
Underclift Street, and the operation has existed for
approximately 2-1/2 years and employs 18-20 people. The Andover
Deputy had cited the business for violating several sections of
the Zoning Ordinance.
In addition to those violations, Mr. Blake stated that the
significant problem was that the business does not meet the
criteria of a Home Occupation and the fact that the business is
being operated from an accessory structure.
Chairman Pease opened the pUblic hearing.
o
Mr. Vistad stated that if this business was a minor repair
service, there may be 18 clients in one day coming to that house.
Mr. Blake stated that the similar use was not as much of an
issue, but the issue was that the business was run from the
accessory building, and it was remodeled without a ~~ccial aDO
permit.
~\M.lc!' ~ '6
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
-89
A RESOLUTION APPROVING THE REQUEST OF
SPECIAL USE PERMIT TO LOCATE A RETAIL
DISTRICT, AS REQUIRED BY ORDINANCE 8,
DESCRIBED AS LOT 4, BLOCK 1, PANKONIN
MINNESOTA.
MICHAEL STRAUSS FOR A
BUSINESS IN AN INDUSTRIAL
SECTION 7.03 ON PROPERTY
ADDITION, ANOKA COUNTY,
WHEREAS, Michael Strauss has requested a Special Use
Permit to locate a retail business in an Industrial District, as
required by Ordinance 8, Section 7.03 on property located at Lot
4, Block 1, pankonin Addition, Anoka County, Minnesota and
WHEREAS, the proposed business would be a mail order four-
wheel drive parts store, and
WHEREAS, the Andover Planning and zoning Commission has
reviewed the proposal at their April 11, 1989 meeting and found
the proposed use to be consistent with the development in the area
and with the Andover Comprehensive Plan, and
WHEREAS, the proposed use would have no significant
negative impact on the health, safety, morals and general welfare
of the community, and
WHEREAS, The proposed use would have no significant
negative impact on traffic or parking conditions in the area, and
WHEREAS, the proposed use would have .no significant
negative impact on the values of property or scenic views in the
area, and
WHEREAS, the proposed use would have no significant
negative impact on the Andover Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover that the request of Michael Strauss for a Special
Use Permit to locate a retail business in an Industrial District,
as required by Ordinance 8, Section 7.03 be approved, subject to
the following conditions:
A. The exterior storage of equipment associated with the
business shall not be allowed, unless a Special Use
Permit for such storage is approved by the Andover City
Council.
o
B. The applicant must submit sign plans and obtain
appropriate sign permits prior to installation.
C. The storage of new or used auto parts outside the
structure shall not be allowed.
o
o
Page 2
strauss Special Use Permit
May 2, 1989
D. The permit shall be subject to an annual review by the
City.
Adopted by the City Council of the City of Andover this 2nd day of
May, 1989.
CITY OF ANDOVER
ATTEST:
Michael Knight, Acting Mayor
Victoria Volk - City Clerk
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION 1989
May 2,
Discussion Items
DATE
ORIGINATING DEPARTMENT
Planning ~~
BY: Jay Blak~ city Planner
AGENDA SECTION
NO.
APPROVED FOR
AGE
ITEM
NO,
Anoka County Parks
Special Use Permit
REQUEST
The Andover City Council is asked to review the Special Use Permit
request of the Anoka County Parks Department to allow the
construction of a public utility structure in a Residential
District, as required by Ordinance 8, Section 7.03.
GENERAL REVIEW
The Anoka County Parks Department is proposing to construct a
storage building (dimensions of 36' by 104') on their property at
1350 NW Bunker Lake Boulevard. See enclosed diagram depicting the
location and size of the structure.
The proposed location is twenty (20) feet from the southern
property line. Ordinance 8, Section 6.02 requires a fifty (50)
foot setback from the rear property line in a R-1 single family
. district. The appropriate adjustments in the site plan would have
to be made prior to final approval.
REVIEW CRITERIA
Section 5.03 of Ordinance 8 outlines the criteria to use in order
to determine the acceptability of a Special Use Permit, including,
"the effect of the proposed use upon the health, safety, morals,
and the general welfare of the occupants of the surrounding lands,
existing and anticipated traffic conditions on adjacent streets,
including parking facilities, and the effect on values of property
and scenic views and the effect on the Comprehensive plan."
COUNCIL ACTION
MOTION BY
TO
SECOND BY
o
Page 2
Anoka County Parks Special Use Permit
May 2, 1989
The review criteria should be examined carefully:
an t e genera
, morals
on ad'acent
There will be no significant impact on the traffic congestion
due to the proposed structure. The interior storage of park
equipment etc. will improve the appearance of the parking lot on
this site. Also, due to the location of the proposed structure,
there will be little visual impact from Bunker Lake Boulevard.
3) The effect on values of property and scenic views in the
surrounding area.
There will be no significant impact on the property values and/or
scenic views in the area. The site will actually improve due to
the interior storage of equipment, etc.
4) The effect on the Comprehensive Plan.
The Andover comprehensive plan and Development Framework outlines
major policy objectives for development within this sector of the
City. One of the major concerns of the Comprehensive Plan is the
compatibility of adjoining land uses. The Bunker Hills Regional
Park and County Highway Offices surround the subject property.
Since the proposal is for public purposes, the proposal would be
consistent with the surrounding uses and the Comprehensive Plan.
COUNCIL OPTIONS
1. The Andover City Council may approve the Special Use Permit
requested by the Anoka County Parks Department for the
construction of a public utility structure in an R-1 single family
residential district. The proposed use shall meet all criteria
outlined by the City, including but not limited to:
A) The building plans shall be approved by the Andover Review
Committee prior to construction.
B) The applicant shall provide necessary lighting for the
building and surrounding area.
o
2. The Andover City Council may deny the Special Use Permit
requested by the Anoka County Parks Department for the
construction of a public utility structure (storage building) on
their property at 1350 Bunker Lake Boulevard as allowed by
Ordinance 8, Section 7.03.
o
Page 3
Anoka County Parks Special Use Permit
May 2, 1989
3. The Andover City Council may table this item.
STAFF RECOMMENDATION
Because of compliance with the Comprehensive Plan and Zoning
Ordinance, staff recommends Option #1 (Approval).
PLANNING AND ZONING COMMISSION RECOMMENDATION
The Andover Planning and zoning Commission recommends approval
with conditions outlined in Council options.
o
~
~
CITY of ANDOVER
1685 CROSSTOWN BLVD. N.W.
ANDOVER. MINNESOTA 55304
SUP it
SPECIAL USE PERMIT REaU~ST. FORNI.-
Property Address
1350 Bunker Lake Blvd. N.W.
Legal Description of Property:
(Fill in whichever is appropriate)
Lot
Block
Addi tion
Bunker Hills Park
plat
Parcel
PIN
(If metes and bounds, attach the complete legal):
Description of Request
West l/? o~ N.E. 1/4 S.W. l/4, Sec. 35 T32
R24. citv of Andover
orditance 78 &
section of Ordinance 8-4.05
Current zoning
R-1 (park)-
***************************************~******************************
Name of Applicant
Anoka County Park Deuartment
Address 550 Bunker Lake Blvd. N. ~Il., A.ndover, rlN 55304
Home phone Business Phone 757-3920
Signature ~~ ~~~~ Date 2-23-89
Pirector of Anoka County Park peoartment
**********************************************************************
Property Owner (Fee Owner)
(If different from above)
Address
SAME
Home Phone
Business Phone
signature
Date
**********************************************************************
Attach 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
street names; location and use of existing structures within 350 feet.
:~4:)The names and addresses of all property owners within 350 feet of the
subject property must also be provided. .
Filing Fee:
$150.00
$ 10.00
Date
Paid ~ Rece'1't I ~~Jj
--7)/00 . .
II ,..... .-
/
,
Application Fee:
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
The Planning and Zoning Commission of the City of Andover will
hold a public hearing at 7:30 p.m., or as soon thereafter as can
be heard, on Tuesday, April 11, 1989 at the Andover City Hall,
1685 Crosstown Blvd. NW, Andover, MN to hear the request of the
Anoka County Parks Department for a Special Use Permit to allow
the construction oran accessory structure for public utility
uses.
The proposed location of the building is on property described as
follows: The West 1/2 of the Northeast 1/4 of the Southwest 1/4 of
Section 35, Township 32, Range 24, Anoka County, Minnesota. (1350
Bunker Lake Boulevard)
Written and verbal comments will be received at that time and
location.
vM; PI!'
V1C 1 Vol , C1ty Clerk
.,
o
Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Twenty
.
.
MOTION was made by Commissioner Sabel, seconded by
Commissioner Vistad to close the pUblic hearing. All voted yes.
Motion carried. .
MOTION was made by Commissioner Sabel, seconded by
Commissioner Bernard that the Andover Planning and Zoning
Commission recommends to the City Council approval of the Special
Use Permit requested by Laurel Landowski with the stipulations
listed in Option 1 provided by staff which include:
"
A)
That the operation shall be conducted from
the principal structure and no business shall
be conducted from the accessory structure.
B) The parking plan to be worked out with the
City Planner.
C) The Special Use Permit shall be reviewed in
six months to establish if the operation is
in compliance with all city Ordinances. An
annual review will occur after the initial
inspection.
Discussion: It was recommended to include in the motion
that a pUblic hearing was held, and letters of support were
entered into the public record. The maker of the motion and the
seconder agreed to this addition.
All votes yes. Motion carried.
PUBLIC HEARING: SPECIAL USE PERMIT. ANOKA COUNTY PARKS
DEPARTMENT
This permit request, described by Mr. Blake, is to allow the
construction of a public utility structure in a Residential
District, as required by Ordinance 8, Section 7.03
Chairman Pease opened the public hearing.
Mr. Dave Torgelson, Director of the Parks and Recreation for
Anoka County, reviewed the proposal to construct a storage
building (36' x 104') on the property located at 1350 NW Bunker
Lake Boulevard. He stated that the equipment sits outside, and
that they needed this storage building to protect the equipment.
o
o
. .
Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Twenty-One
Mr. Ferris restated Mr. Blake's understanding that the only
problem with this proposal was the setback from the rear lot line
and that 50 feet setback is required in an R-1 single family
district.
Mr. Torgelson clarified to the Commission that it is a fence
(not the lot line) that is twenty feet from the southern property
line, and that the setback is 2-1/4 miles from 242.
MOTION was made by Commissioner spotts, seconded by
Commissioner Vistad to close the pUblic hearing. All voted yes.
Motion carried.
MOTION was made by Commissioner Vistad, seconded by
Commissioner Bernard that the Andover Planning and Zoning
Commission recommends to the city council approval of the Special
Use Permit requested by Anoka County Parks Department for the
construction of a public utility structure in an R-1 single-
family residential district located at 1350 NW Bunker Lake
Boulevard. The proposed use shall meet all the criteria outlined
by'the City, but limited to:
A) The building plans shall be approved by the
Andover Review Committee prior to
construction.
B) The applicant shall provide necessary
lighting for the building and surrounding
areas.
A pUblic hearing was held, and there was no opposition.
structure will not cause serious traffic congestion; it
have a significant impact on the property values in the
it is in harmony with the City's Zoning Ordinance and
Comprehensive Plan. The effect of this proposed use will have
little or no impact on the health, safety, morals and general
welfare of the community. This proposed use is required by
Ordinance 8, section 7.03.
This
will not
area; and
All voted yes. Motion carried.
This item will go to the City Council on May 2nd.
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -89
A RESOLUTION APPROVING THE REQUEST OF THE ANOKA COUNTY PARKS
DEPARTMENT FOR A SPECIAL USE PERMIT TO CONSTRUCT A PUBLIC UTILITY
USE STRUCTURE IN A RESIDENTIAL DISTRICT, AS REQUIRED BY ORDINANCE
8, SECTION 7.03 ON PROPERTY DESCRIBED AS THE WEST 1/2 OF THE
NORTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 35, TOWNSHIP 32, RANGE
24, ANOKA COUNTY, MINNESOTA. .
WHEREAS, The Anoka County Parks Department has requested a
Special Use Permit to construct a public utility use structure in
a Residential District, as required by Ordinance 8, Section 7.03,
and
WHEREAS, the proposed structure would be used for the
storage of public maintenance vehicles and equipment for Anoka
County, and
WHEREAS, the Andover Planning and Zoning Commission has
reviewed the proposal at their April 11, 1989 meeting and found
the proposed use to be consistent with the development in the area
and with the Andover Comprehensive plan, and
WHEREAS, the proposed use would have no significant
negative impact on the health, safety, morals and general welfare
of the community, and
WHEREAS, The proposed use would have no significant
negative impact on traffic or. parking conditions in the area, and
WHEREAS, the proposed use would have no significant
negative impact on the values of property or scenic views in the
area, and
WHEREAS, the proposed use would have no significant
negative impact on the Andover Comprehensive Plan.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover approve the request of the Anoka County Parks
Department for a Special Use Permit to construct a public utility
use structure in a Residential District, as required by Ordinance
8, Section 7.03, on property described as:
West 1/2 of the Northeast 1/4 of the Southwest 1/4, Section 35,
Township 32, Range 24, Anoka County, Minnesota.
A. The building plans shall be reviewed and approved by
the Andover Review Committee to ensure compliance with
all City Ordinances.
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Page 2
Anoka County Parks Department
Special Use Permit
May 2, 1989
B. The applicant shall be provide the necessary lighting
for the building and surrounding area.
c. The permit shall be subject to an annual review by the
City.
Adopted by the City Council of the City of Andover this 2nd day of
May, 1989.
CITY OF ANDOVER
ATTEST:
Michael Knight, Acting Mayor
Vi~toria Volk - City Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
May 2, 1989
BY:
ITEM
NO,
Heidelberger Variance
8.
ORIGINATING DEPARTMENT
Planning ~
BY: Jay Blak~~lanner
AGENDA SECTION
NO, Discussion Items
REQUEST
The Andover City Council is asked to review the request of Rick
and Marion Heidelberger for a variance to allow the completion of
a non-conforming garage currently under construction. The
proposed variance is for property at 2052 Bunker Lake Boulevard,
adjacent to Mom's Auto Salvage. The structure was initially
started more than fifteen years ago and the applicant proposes to
complete the building.
APPLICABLE ORDINANCES
The Andover City Zoning Ordinance #8, Section 4.03 (Non-conforming
Uses and structures), Subsections A and B, Section 4.05,
Subsection F and Section 9 - Building without permits.
PLANNING REVIEW
The request of Rick and Marion Heidelberger, 2052 Bunker Lake
Boulevard, is to allow the completion/expansion of a non-
conforming structure in an Industrial District. (See enclosed
maps)
Two major items must be addressed:
Non-conformity
The property has two uses located on it. On the northwestern
portion of the land is the residential structure and associated
garages and accessory buildings. Additionally, Mom's Auto Salvage
is also located on the same property. Because it is a residential
structure in an Industrial District, the use of the property is
considered non-conforming.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
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Page 2
Heidelberger Variance
May 2, 1989
Section 4.03, Subsection A of the zoning Ordinance states, "Any
structure or use lawfully existing upon the effective date of this
ordinance may be continued at the size and in the manner of
operation existing on such date hereinafter specified." The
expansion of the house or accessory structures would be considered
an expansion of the non-conforming use.
Section 4.03, Subsection B states that no structural alteration
shall be made to the non-conforming structure.
Mr. Heidelberger proposes to complete the garage, thereby
intensifying the non-conforming use of the property.
Additionally, the Ordinance strictly prohibits structural
alterations.
Garage Location
The current garage is located 85 feet from the property line, four
feet closer to the property line than the principle structure.
Section 4.05, Subsection F states, "No detached garages or other
accessory buildings shall be located closer to the front lot line
than the principle structure, unless it matches the style of the
residential structure.
Mr. Heidelberger has stated that he will make arrangements with
appropriate architects and engineers to build a structure that
meets all of the building code requirements. The city has the
authority to require that the building be moved or removed.
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Also, the property has several other accessory buildings in a
state of disrepair.
Ordinance #8 allows the city to grant a variance to the
requirements of the zoning Ordinance if the strict interpretation
of the Ordinance will cause undue hardship to the property owner.
Planning and zoning Commission should review the request using the
following criteria:
1. Does the strict interpretation of the Ordinance cause
practical difficulties and/or unnecessary hardships to the
property owners?
The proposal does not meet this criteria. The hardship defined by
the application is the improper location of the garage built too
close to the front property line and that the garage has been
there for many years. The mere location of the building does not
constitute a hardship.
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Page 3
Heidelberger Variance
May 2, 1989
AS it currently stands, the garage is an illegal structure, built
without a building permit for either the shell of the building or
the roof added to the structure. The Building Department has not
allowed other structures without building permits to be erected
within the City. Therefore, no hardship exists.
2. Is the hardship caused by the unique physical features of the
land, including shape or condition of the parcel?
This criteria is not met by the proposal. The current location of
the garage cannot be considered a "hardship caused by the unique
features of the land". Since the property owners choose to not
follow the building procedures of the City of Andover, he located
it improperly and created his own hardship.
3. Will the variance be detrimental to the public welfare?
The mere completion of a garage would not have a detrimental
effect on the public welfare, however, allowing a non-conforming
use to expand and prolonging the use in the industrial district
would not be beneficial to the public welfare.
The property is within the Andover Tax Increment Financing
District. The City plans to work with land owners, and developers
to re-develop the entire district. The expansion of the non-
conforming use is not in line with the redevelopment plans of the
City.
4. Is the variance necessary to allow the property owner the
reasonable use of the property?
The existence of a completed garage on the property has not
precluded the property owner reasonable use of the property to
date. The question then becomes, does the requirement to have the
structure moved or removed cause the owner an unnecessary
hardship? The costs of removing a building should not be a
criteria for granting a variance.
As a non-conforming use in an Industrial District, the ordinance
allows residential uses in Industrial districts, yet no expansion
or increase in intensity should be allowed.
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page 4
Heidelberger Variance
May 2, 1989
COUNCIL OPTIONS
A. The Andover city Council may deny the variance requested by
Rick and Marion Heidelberger to complete construction of a
non-conforming accessory structure.
The Council finds that the proposal does not meet the
requirements set forth in the City's Ordinance #8, Section
5.04. The Commission finds that the applicant fails to show a
hardship due to the unique shape or topography of the parcel
and that the land owner would not be precluded reasonable use
of the property.
B. The Andover city Council may approve the variance requested by
Rick and Marion Heidelberger to complete construction of a
non-conforming accessory structure.
C. The Andover City Council may table the action.
STAFF RECOMMENDATION
Staff recommends option A.
PLANNING COMMISSION RECOMMENDATION
The Andover Planning and Zoning Commission reviewed the proposal
at their March 28, 1989 and April 11, 1989 meetings. (See the
enclosed minutes). The Commission recommended approval of the
variance (4-yes, 2-no).
The majority of the Commission believed:
1. The hardship was created by the previous owner (Cecil
Heidelberger) and that the building meets front yard
setback requirements (except that it is 4' in front of the
main structure).
2. The variance would not have a significant negative impact
on the neighborhood.
Two Commissioners did not believe that a hardship existed on this
property~
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CITY of ANDOVER
1685 CROSSTOWN BLVD. N.W.
ANDOVER. MINNESOTA 55304
variance It
-(
'--'
VARIANCE REQUEST FORM
property Address 2052 Bunker Lake Blvd.
Legal Description of property:
(Fill in whichever is appropriate)
Andover,Mn
55304
Lot
Block
J\ddi tion
plat
Parcel
PIN
(If metes and bounds, attach the complete legal)
Description of Request
U~ 1/4 of' S:,f 1/4 of' Spf't:ion 7,4, 'I'own",]"ir
3? , n::lngp?4 ,
specific Hardship
flnok<'l r!ol1nty. t'iirl1"1!?Clota
t?;/i_.--a :;" .:)'/-/j.rleCf ruOV("':
Section of ordinance
-/i,a,A
c..'oY1 sfrucnOl" ,;,1 t7 ~Q"
I ~'l Y I'1A"l .
Current zoning
Li~ht Industrial
In Can-tp(eJc.cI.
t
'-.
**********************************************************************
Name of Applicant
Marian and Richard Heidelberger
Address
2052 Bunker Lake Blvd. Jindover, rf:n C;5~04
80.. phon. at? ~ ~ phon.
Signature ~ 4---(1 -
7ljlj-0247
Date.x, 5,.! , B '7
**********************************************************************
property Owner (Fee Owner)
(If different from above)
~~rjau T{eideJbl?rger
,
Address 'Same as above
Home Phone Business phone
Signature Date
************~~********************************************************
Attach 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
.Otreets; and location and use of existing structures within 100 feet.
\
~. The names and addresses of all property owners within 350 feet of the
subject property must also be provided.
Application Fee: Single Family - $40.00; Other Requests - $65.00
Filing Fee:
$10.00
Date Paid
Receipt It
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1685 CROSSTOWN BOULEVARD N. W. ~}:':,-~<,::,,:"::": ',<
.. ,ANDOVER, MINNESOTA 55304 .':,.,:::~' ,;:,~:," "..',' ,~":',.,:; ,
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No. - 30124
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CITY of ANDOVER
ANDOVER PLANNING AND ZONING COMMISSION
REGULAR MEETING MINUTES
MARCH 28, 1989
The regular meeting of the Andover Planning and zoning
Commission was called to order by Chairman Becky Pease at
7:30 p.m., Tuesday, March 28, 1989 at Andover City Hall, 1685
Crosstown Boulevard N.W., Andover, Minnesota.
Commissioners present included Chairman Becky Pease, Bill
Bernard, Don spotts, d'Arcy Bosell, Gretchen Sabel, Bev
Jovanovich. Also present were Jay Blake and Dave Almgren.
APPROVAL OF MINUTES
Commissioner Jovanovich had the following corrections for
the minutes of the February 28, 1989 meeting.
v
- Page 2, under Public Hearing, second paragraph, second
sentence, the phrase, "no movement in vehicles" should be revised
to read "no movement of vehicles."
- Page 4, third paragraph, last sentence from the bottom,
the word "would" should be removed before recommendation.
MOTION was made by Commissioner spotts, seconded by
Commissioner Bernard to approve the minutes of February 28, 1989
as amended. All voted yes. Motion carried.
Chairman Pease reviewed the procedures for holding a public
hearing at the Andover City Hall.
HEIDELBERGER: VARIANCE. 2052 BUNKER LAKE BOULEVARD
Mr. Blake explained that the Heidelbergers were requesting a
variance to allow the completion of a non-conforming garage
currently under construction for the property at 2052 Bunker Lake
Boulevard. He further stated that the structure was initially
started more than 15 years ago and at that time no building
permit was issued, thus making it an illegal structure. Mr.
Blake also stated that because the structure is a residential
structure in an industrial district, the use of the property is
considered non-conforming.
Q
Mr. Blake commented that the City, under Ordinance #8, may
grant variances if the strict interpretation of the ordinance
will cause undue hardship to the property owner. The City
o
L
L
e.
Andover Planning and Zoning commission
March 28, 1989 Meeting Minutes
Page Two
Planner, after reviewing the request, felt that a hardship was
not created in this situation as the mere location of the
. building does not constitute a hardship. Also a hardship is not
created by the unique physical features of the land as the owner
located it improperly and, therefore, created his own hardship.
Also Mr. Blake recommended that the land owner would not be
precluded reasonable use of the property.
Ms. Bosell expressed her disagreement in that this structure
is an illegal structure, not a non-conforming structure. She
also stated that the Planning Commission would then be looking at
granting a variance from Ordinance 8, Section 9B relating to the
construction of a structure without a building permit.
Mr. Rick Heidelberger, 2052 Bunker Lake Boulevard, stated
that he was the third owner of this property. His dad apparently
started the building 15 years ago.
Ms. Sabel asked if the building meets code. Mr. Almgren
stated there is major work that needs to be completed before it
would meet code.
Mr. Heidelberger stated he would be willing to work with Mr.
Almgren in getting whatever work done that is needed to bring
this garage up to building code standards.
Mr. Bernard asked why Mr. Heidelberger didn't do things
properly and sooner? Mr. Heidelberger responded saying that he
just didn't get around to it, he let things go too long, but that
he now was willing to do things properly.
Mr. Heidelberger expressed his interest in working with the
City, instead of against it, as his father has done in the past.
Mr. Bernard asked if it was possible to make this structure
conforming. Mr. Almgren stated yes, but it would have to
practically be rebuilt. Mr. Heidelberger stated he would do
whatever was necessary to bring the structure up to code. It was
Mr~ Almgren's feeling that the necessary steps should have been
taken a lot earlier to work with the City in completing this
project properly.
Mr. spotts asked Mr. Heidelberger if the structure was
completed. Mr. Heidelberger stated that the building was not
wired as yet, but other than that it was done.
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Andover Planning and Zoning Commission
March 28, 1989 Meeting Minutes
Page Three
There was some discussion about the trusses used in the
building. Mr. Heidelberger stated the trusses were 2 x 6 and 2 x
8 trusses. Mr. Almgren stated that the trusses were not
certified for this particular use and did not meet code.
Mr. Bernard had a concern on why it took so long for Mr..
Heidelberger to come to the City. Mr. Heidelberger stated he had
a concern of approaching the City for a permit because of all the
issues his father had been involved with in the City, and he
admits that he probably took the wrong attitude at that time.
A person from Osseo stated that he felt that because Mr.
Heidelberger agreed to do whatever the City stated he needed to
do to meet code, that the problem would be solved.
Mr. Bernard asked if it might be a good idea to table this
item to gather more information and take a look at the site.
MOTION was made by Commissioner Bernard, seconded by
Commissioner Spotts to table this item until the next Planning
and Zoning Commission Meeting to be held on April 11th, 1989. 5
Yes votes, 1 No vote-Commissioner Jovanovich. Motion carried.
PUBLIC HEARING: DOUGLAS LAWRENCE. REZONING R-4 to GB
Mr. Blake presented the request for rezoning by Douglas
Lawrence for the property located at 13311-13 Round Lake
Boulevard. The proposed use would be for a convenience store/gas
station/car wash.
Mr. Blake stated that the property is surrounded by
residential uses on all three sides. He also commented that the
size and location of the property makes it a difficult parcel to
develop.
Mr. Blake outlined several items from the City's
Comprehensive Plan which would affect this proposal.
Ms. Sabel asked what the land use was on the Coon Rapids
side. Mr. Blake stated that it is currently vacant and is
scheduled-for a multi-family, residential-use district.
Ms. Pease asked what would the access areas be if this
project were to be done. Mr. Blake stated that the developer had
planned to have one access directly onto Round Lake Boulevard
located on the south side of the property. The preliminary
design shows two accesses (in/out) on 133rd Lane.
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Andover Planning and zoning Commission
April 11, 1989 Meeting Minutes
Page Four
Mr. spotts asked if there was a state law that addressed
whether a tire had enough tread on it to deem it still usable.
Mr. Ronchak stated that it is very difficult to determine what
tires are reusable. He stated that there is a state law on this
issue.
Mr. spotts felt that too much was being read into this
proposal. He stated that the ordinance addressed waste tires.
The Planning Commission directed staff to survey some of the
tire companies to determine the volume of tires to be used in
this ordinance.
MOTION was made by Commissioner Spotts, seconded by
Commissioner Bernard that the Andover Planning and Zoning
Commission recommends to the City Council approval of the
Ordinance 8, Section 3.02 Definition as presented, Section 7.04
Uses Excluded as presented, section 8.01 Exterior Storage as
presented, except to strike the word "in" (following shall be
allowed) .
~. Discussion: Commissioner Sabel asked about the issue Ron
addressed regarding any tires not attached to a vehicle. Mr.
Ferris agreed this would not include any tire attached to a
vehicle.
Mr. Vistad had a question on how this would affect tire
swings. It was decided it would not affect them.
Roll call: Vistad-no, Sabel-yes, spotts-yes, Ferris-yes,
Pease-yes, Bernard-yes. Motion carried.
commissioner Sabel still requested that Mr. Blake do the
research that was asked earlier about the 250 tires. This item
will go to the City Council on May 2nd.
HEIDELBERGER. RICK AND MARIAN. VARIANCE
Mr. Blake stated that this item is a continuation of the
variance request of Rick and Marion Heidelberger at 2052 Bunker
Lake Boulevard. The property has two uses on it -- it houses
Mom's Auto Salvage and has a residential structure on it, along
with the garage in question. The garage is considered non-
conforming pursuant to Ordinance #8, Section 4.03, Subsections A
and B, and Section 4.05, Subsection F.
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Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Five
Mr. Blake stated that the strict interpretation does not
cause practical difficulties and/or necessary hardships to the
property owner, and that the mere location of the building does
not constitute a hardship. Mr. Blake also explained that the
garage is currently an illegal structure, built without a
building permit.
It was the staff's recommendation that the variance request
to complete construction of a non-conforming accessory structure
be denied.
Mr. Blake also stated that he had spoken with Mr.
Heidelberger this week, and he related that he would be very
willing to work with the City to do whatever needs to be done to
make the structure conform to code.
Mr. spotts asked if in the future when Bunker Lake Boulevard
is widened at that point, does Mr. Heidelberger have enough
footage for both the principal structure and the garage. In Mr.
Blake's discussions with Anoka County, the plans are for Bunker
Lake Boulevard to be a four-lane road with turning lanes between
Round Lake Boulevard and Hanson Boulevard. It is Mr. Blake's
understanding, that the County will need 60 feet from the center
of the existing road (the road is roughly 32 feet wide now). The
plans for development from that area include a frontage road from
Thrush Street all the way to Jay Street.
Mr. vistad reiterated the fact that the garage was built as
a non-conforming structure, with no building permit. Mr. Blake
agreed that the structure was started and completed without any
building permits, and that the roof of the structure does' not
meet the state building code. Although, stated Mr.Blake, Mr.
Heidelberger has agreed to redo the roof so it would meet the
building code.
Mr. Heidelberger stated that until the four-lane road is
built, the structure on his property is well off the road, and
does not create any hazard for anybody.
Mr. ~istad asked if Mr. Heidelberger was aware that this was
a non-conforming structure. He was aware that he did not have a
permit to complete the structure. He feels that the building
inspector doesn't have credentials to tell him how many pounds
per square foot his roof can hold. Mr. Heidelberger stated again
that he would do what needed to be done to make the building
conform to code.
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Andover Planning and zoning Commission
April 11, 1989 Meeting Minutes
Page Six
Ms. Sabel asked if a variance was granted for this project,
would he plan to finish the other incompleted structures with
variances also. Mr. Heidelberger stated he gave Mr. Blake a
tour, and he proposed to tear down most of the other structures.
Mr. Vistad stated that the party realizes he violated the
ordinances and he's trying to bargain his way out -- Mr. Vistad
did not think this was a proper way to handle things.
MOTION was made by Commissioner Bernard, seconded by
Commissioner Sabel that the Andover Planning and Zoning
Commission recommends to the City council approval of the
variance requested by Mr. Rick Heidelberger, 2052 Bunker Lake
Boulevard for the fOllowing reasons: A hardship was created due
to the fact that the concrete footings and walls were there
before he took possession of the land and that it would not
adversely affect the existing or adjacent lands, and the fact
that when the road is widened, if it takes the house, it will
take the garage structure at the same time.
Discussion: Mr. spotts would like included in the motion
th~ fact that this structure is illegal pursuant to Ordinance 8,
Section 4.05, Subsection F; also there was no building permit
obtained according to Ordinance 8, Section 9 (B); section 4.03,
Subsection B states that no structural alteration shall be made
to a non-conforming structure; also there is a violation of
Section 4.03, Subsection A in that a structure that was non-
conforming is still in continuation today.
Mr. Bernard has an addition to his motion to state that Mr.
Rick Heidelberger would make arrangements with the appropriate
architect and engineers to build a structure that meets all the
building code requirements.
The maker of the motion and the seconder agreed to including
these additions into the motion.
Mr. Ferris made the comment that he did not understand what
the hardship was in this case. Mr. Bernard stated that footings
and walls was put in 15 years ago, before Mr. Rick Heidelberger
owned the" property. He took over ownership of the property after
this structure had already been started. Mr. Ferris was also
concerned about the number of ordinance violations that have
taken place on this property.
Mr. Vis tad asked how the City could expect any other citizen
to abide by the City's building codes or ordinances, and by
approving this item, they are totally meaningless.
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Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Seven
Ms. Pease asked if double fees would be charged because a
permit was not obtained. Mr. Blake stated yes, they could charge
double fees. She also asked\if the building permit could be
issued if the variance granted to bring the building up to
specifications. Mr. Blake stated that all the plans and
specifications would have to be approved by the building
inspector. There would have to be variances for setback of
building, a variance that it is a non-conforming building that is
being completed and life of the building is being prolonged, and
a variance to the fact that he did obtain a building permit.
This would allow Mr. Heidelberger to get a building permit after
the fact.
Mr. Vis tad referred to Section 5.04, Variances and Appeals,
where it is stated that hardships or difficulties must have to do
with the characteristics of the land and not the property owner.
Mr. Vistad doesn't feel the hardship, as Mr. Bernard previously
stated in his motion, is a consideration in this case.
Roll call: Sabel-Yes, Bernard-Yes, Spotts-Yes, Ferris-No,
Vistad-No, Pease-Yes. Motion carried.
This will go to the City Council on May 2nd.
Mr. Spotts stated that he would like some of the
stipulations to come from Mr. Heidelberger, and not the City
Council.
Mr. Vistad wanted the following statement included for the
record and for the City Council to review: He feels if the City
Council passes this, because there are so many gross violations,
it would be a true indication of setting a precedent in our
community that would make our building requirements, permits and
ordinances a total sign of worthlessness.
RECESS
The Planning Commission recessed at 9:00 p.m. and reconvened
at 9:10 p.m.
ORDINANCE-'8 AMENDMENT. VEHICLE WASH ESTABLISHMENTS
Mr. Blake explained that this item was a continuation of the
discussion regarding the amendment to Ordinance 8 that would
allow vehicle wash establishments by Special Use Permit in a
Neighborhood (NB) District.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -89
A RESOLUTION APPROVING THE VARIANCE REQUEST OF RICHARD AND MARION
HEIDELBERGER TO ALLOW THE COMPLETION OF NON-CONFORMING ACCESSORY
STRUCTURE IN FRONT OF THE PRINCIPAL STRUCTURE, ON PROPERTY
DESCRIBED AS THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 34,
TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA
WHEREAS, Richard and Marion Heidelberger are property
owners at 2052 NW Bunker Lake Boulevard and are requesting a
variance to allow the completion of a non-conforming accessory
structure in front of the principal structure, and
WHEREAS, the accessory structure was initial started
without proper building permits more than fifteen years ago by the
previous land owner, and
WHEREAS, the accessory structure was placed four feet in
front of the existing principal structure approximately 86 feet
from the property line, and
WHEREAS, a roof was added to the structure within the past
two years, again without proper building permits and approved
plans, and
WHEREAS, the applicants wish to use the structure for the
interior storage of their own personal vehicles and not the
storage of junk vehicles associated with the auto salvage business
also located on the property, and
WHEREAS, the Andover Planning and Zoning Commission
reviewed the proposal at their March 28, 1989 and April 11, 1989
meetings, and
WHEREAS, the Andover Planning and Zoning Commission held
a public hearing, no opposition to the proposed variance was
heard, and
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WHEREAS, the applicants have agreed to have the roof
trusses designed to meet all State Building Code requirements, and
WHEREAS, the applicants have agreed to continue to clean
up the ~ront portions of Mom's Auto Salvage Yard and the
residential property, and
WHEREAS, the applicants have agreed to obtain all building
permits and schedule all appropriate inspections during the
reconstruction of the building, and
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Heidelberger Variance
May 2, 1989
WHEREAS, the unique topography of the property screens the
proposed building and the completion of the building will have no
detrimental effect on the surrounding neighborhood.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Andover approves the variance requested by Richard and
Marion Heidelberger to allow the completion of a non-conforming
accessory structure in front of the principal structure.
Adopted by the City Council of the City of Andover this 2nd day of
May, 1989.
CITY OF ANDOVER
ATTEST:
Michael Knight, Acting Mayor
Victoria Volk - City Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO,
DATE
ORIGINATING DEPARTMENT
May 2, 1989
Discussion Items
Engineering
~~
ITEM
NO,
.
Echo Hill preliminary
Plat
BY: Todd J. Haas
The City Council is requested to review and approve the
preliminary plat, grading and drainage plan per Ordinances 8 and
10 as requested by Mr. Robert Heliker, owner and subdivider of the
property.
The Andover Review Committee (ARC) has reviewed the preliminary
plat, grading and drainage plan. Their comments are as follows:
GENERAL COMMENTS
*The proposed preliminary plat is currently zoned R-1, single
family rural, minimum area of 2.5 acre lots.
*The proposed subdivision consists of 12 single family rural
residential lots.
The following comments are per the preliminary plat checklist
(Ordinance 10):
8.01 IDENTIFICATION AND DESCRIPTION
a. Proposed name is Echo Hill.
d. Scale is 1~ = 100'.
g. The preliminary plat was prepared by Caine & Associates.
Grading and drainage plan is part of the preliminary
plat and was prepared by Larry Winner.
8.02 EXISTING CONDITION
a. Total acreage is 42.3.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
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Page Two
Echo Hill Preliminary Plat
4:) May 2, 1989
c. The existing zoning within 300 feet of the proposed plat
has been shown.
d. Location and names of existing streets, platted streets,
section lines and easements have been shown. The
existing building/structures have been shown on the
plat. In Phase II, the Planning and Zoning and Building
Departments are concerned about the existing pole barn
and the 2 existing garages which are located in the
front of existing homes in Lots 2 and 3 of Block 1.
f. Location of existing telephone, electric culverts,
street right-of-way and surface type have been shown on
plat. The gas service that is shown in Phase II will
need to be relocated when the construction of the 168th
Lane begins. Relocation will be determined by City
Engineer.
j. Soil boring reports have been received. Lowest floor
elevations have been adjusted 3 feet above the highest
known water table. The surveyor has also noted on the
plat that all lots are in compliance with Ordinance 10,
10M, Section 9.06 A(3) as amended.
8.03 DESIGN FEATURES
a. The proposed right-of-way as indicated is 60 feet. The
proposed naming of 168th Lane NW is per city grade.
c. The plan and profile for 168th Lane NW have not been
submitted for City review at this time. It will be
necessary to submit plan and profile to the City
Engineer prior to construction of 168th Lane NW.
g. The setbacks for each lot are shown and are indicated
properly per Ordinance 8.
8.04 ADDITIONAL INFORMATION
a. Proposed density is 0.28 dwellings per acre.
f. Floodplain Management is the Lower Rum River. The 100
year flood elevations have been shown as required.
j. Total road mileage is 0.17 miles.
9.02 STREET PLAN
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a. When the plan and profile have been submitted to the
city, the minimum grade is 1%.
c. Lots 1-5 of Block 1 of Phase I is fronting Valley Drive
(Co. Rd. 58). The City and County have allowed these to
front which were reviewed and approved at the sketch
plan. Variance from t e Ordinance will be necessary.
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Echo Hill preliminary Plat
May 2, 1989
9.03 STREETS
g. The right-of-way has been extended to the west property
line. A temporary turn around will be necessary until
the property to the west develops.
m. Driveway access shall be located 60 feet or more from
the intersection.
9.06 LOTS
a(3). Lots 1 and 4 of Block 1 in Phase II do not meet the
requirement of 300 feet at the building setback line.
It is recommended to eliminate one lot so the three
remaining lots will meet this requirement. Mr. Heliker
is asking for a variance for these two lots. It does
not appear to be any hardship to allow for four lots
along the north side of 168th Lane.
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 determined by Park Commission.
*The Planning and Zoning Commission has reviewed the preliminary
plat and has recommended approval. See attached minutes.
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Andover Planning and Zoning Commission
April 11, 1989 /
Page Ten
.
.
Roll call: Bernard-no, Spotts-no, Ferris-no, Pease-no,
Vistad-yes, Sabel-no. Motion fails.
This item will be forwarded to the City Council with a
negative recommendation on May 2nd.
~ PUBLIC HEARING. ECHO HILL
Mr. Haas stated that the Planning Commission review and the
preliminary plat requested by Mr. Robert Heliker.
Mr. Haas explained that the proposed preliminary plat is
currently zoned R-l, single family rural, minimum area of. 2.5
acre lots.
Mr. Haas commented that many variances from the ordinance
would be required to approve this preliminary plat -- lots 1-5 of
Block 1, Phase 1 would require variances as they front on
arterial streets, lots 1 and 4 of Block 1 in Phase II do not meet
the requirement of 300 feet at the building setback line and
would need variances, and in Phase II, an existing pole barn and
two existing garages are located in front of the existing home
and would require variances.
Chairman Pease opened the public hearing.
Mr. Jeff Kane, surveyor for Mr. Heliker, stated he's brought
in a number of plats that have had less than 300 feet frontage in
a cul-de-sac, and almost every time they've been approved.
Although Mr. Heliker is willing to extend the road to the
property line, that would make the lot undersized, and feels this
is a hardship. The City staff disagrees that this is a hardship.
Mr. Vis tad asked why on Lot 4 went into Lot 3 at an angle,
rather than running it straight back. Mr. Kane stated that Mr.
Heliker it would be a very nice building site to overlook the
valley.
MOTION was made by Commissioner Sabel, seconded by
Commissioner Bernard to close the public hearing.
Mr. Ferris expressed his view that he would have trouble
approving the plat, knowing that there were so many variances
that would be needed.
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;, 1989 Meeting Minutes
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/' MOTION was made by Commissioner vistad, seconded by
;mmissioner Bernard that the Andover planning and Zoning
Jommission recommends to the city council approval of the
preliminary plat for Echo Hills with the following legal
description to be attached (that part of West Half of the
Southwest Quarter of section 8 Township 32 Range 24 Anoka County,
Minnesota lying westerlY of the center line of Valley Drive NW).
A public hearing was held, and there was no opposition. The plat
has been reviewed by the city Engineer and by the Anoka County
Highway Department. This approval is subject to Park Board
dedication fees being met. Variances are granted for Lot 1 and
Lot 4 of Block 1, Phase II pursuant to Ordinance 8, section 6.02
on lot width on front setback line of 300 feet. Both of these
will have less than 300 feet. A variance is gran4ed for 168th
Lane right-of-way to be extended to the west property line. A
variance is to be granted for the existing pole barn and the two
existing garages located in Lots 2 and 3 of Block 1, and those
are to be declared into non-conforming structures, where 'they
could not be altered or added onto. A variance is granted for
the driveways of Lot 1,2,3,4,5 of Block 1, Phase I pursuant to
Section 8.03 _ fronting onto a County road. There is a hardship
due to the topography of the land of Phase II concerning Lots
1,2,3,4 and because of existing property lines.
Discussion: Mr. Vistad wanted to add to his motion a
variance to be granted for Lot 4, Block 1, Phase II for the
property line between Lots 3 and 4 to extend straight back,
instead of angling. The maker of the motion and seconder agreed
to this addition to the motion.
Roll call: spotts-Yes, Ferris-No, Pease-Yes, vistad-Yes,
Sabel-Yes, Bernard-Yes. Motion carries.
This item will go to the city council on May 2nd.
SKETCH PLAN: KIRBY ESTATES
Todd Haas presented the sketch plan for the planning
Commission to review by Kay and Wayne Olson, owner of the
property.
Mr. Haas stated that Kirby Estates is zoned in an R-4,
single family urban district, with six lots are being proposed.
He also stated that the City staff has been working with the
developer and the city of Coon Rapids for the alignment of
HUmmingbird street so there is a full intersection and for the
development of a storm drainage pond which will be located in
Outlot A of Kirby Estates.
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ECHO HILL
CITY OF ANDOVER
COUNTY OF ANOKA
DRAINAGE CALCULATIONS
MARCH 23, 1989
Drainage Area for Swamp = 22.08 Acres
100 Year Rainfall = 6 inches for 24 hour duration
.
the time of a 100 year storm, the highest the 100 Year Flood Elevation could
rise would be an elevation of 876.5 before it would overflow and flow'north
in the 'County Road No. 58 west ditch to the creek.
~L.W~
LARRY L. WINNER, P.E.
REG. NO. 12473
PHONE 507-433-2893 (ReSidence)
507-373-0689 (Office)
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CITY of ANDOVER
PRELIMINARY PLAT APPLICATION
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Street Location of Property: I bf5'c;Jj j(;,.t. L.. r-:. y i'"'/kll/ E.
Legal Description of Property: ---r;::{A, PA-/?' or-:- wFsT /-(ALF of 77(/..=-
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So,/,I-IWESr'PUA-r.;' r6:A n F _ ')c:.c..r-IVI'I 8' .10 <<-UN S'lIrP ~.t';?' Pf,,':J./VGE.:
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:;2..4 /LvvXA Cf'). /'4N. /...rIN.G WKsr~ L.,/ .of=" :D Oh ~u' I=V' ai/~JE...
Property Owner: 7r;;r~'RI L /-IEt.JKE:f\
Address: /1-~f5b ,l ){LLEy" M4..J '/1-=
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Applicant :~p;~.f{r L ;-/FJ-.! Kt=(~
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Address: ;t.,SO t{ '~LLt==: V (7~/I/E
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Phone: L( zJ ~ ...3 (j-(j"L...-.
Phone: L/.z../ ~ 3.~o-'Z-.
Description of Request:' t15 0U/<;0/ t//I7,=- flY~ P16J5't..DENT/A6-..
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0,.:; 1/ E/.-..O;.J )Y{E..Nr-
Rezoning Request Required: Yes~ No~ Explain
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Fee: .
Date paid'~- ~ - :;~
Receipt No:'~ 308-7Cj
A.L' J f ;JiLL
(Signatur~f Applicant) f-
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(Date)
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CITY of ANDOVER
.
.
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
The 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, April ~1, 1989 at the.Andover City Hall, 1685
Crosstown Boulevard NW"Andover, MN to consider the preliminary
plat of Echo Hill consisting of 12 single family residential lots
as being developed by Robert Heliker on the property at 16804.
valley Drive NW described as that part of the West 1/2 of the
Southwest 1/4 of Section 8, Township 32, Range 24, Anoka County,
Minnesota, lying westerly of the center line of valley Drive NW.
~ll opponents and proponents of said proposed preliminary plat
will be heard at the above time and location.
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V~ctor~a Volk - City Clerk
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Raymond Klenk
Rt 1
Rush City, MN 55069
David Putnam
3864 - 169th Lane NW
Andover, MN 55304
Walter Wojciak
3832 - 169th Lane NW
Andover, MN 55304
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Randy Eisenbraun
3808 - 169th Lane NW
Andover, MN 55304
city of Andover
stephen Seymour
16925 valley Drive
Andover, MN 55304
Thomas Kreiner
3761 - 169th Lane NW
Andover, MN 55304
Kenneth Kobs
12179 Miss Blvd
Champlin, MN 55316
R G Slinkman
16765 Valley Drive
Andover, MN 55304
David Ostman
16891 Valley Drive
Andover, MN 55304
Robert Slinkman
16765 Valley Drive
Andover, MN 55304
John Boege
16731 Valley Drive
Andover, MN 55304
Kenneth Kobs
12179 Miss Blvd
Champlin, MN 55316
Michael Pendzimas
16721 Valley Drive
Andover, MN 55304
Kenneth Kobs
12179 Miss Blvd
Champlin, MN 55316
..
Kenneth Kobs
12179 Miss .Blvd
Champlin, MN 55316
Kenneth Kobs
12179 Miss Blvd
Champlin, MN 55316
Kenneth Kobs.
12179 Miss Blvd
Champlin, MN 55316
Kenneth Kobs
12179 Miss Blvd
Champlin, MN 55316
Kenneth Kobs
12179 Miss Blvd
Champlin, MN 55316
Kenneth Kobs
12179 Miss Blvd
Champlin, MN 55316
Kenneth Kobs
12179 Miss Blvd
Champlin, MN 55316
Kenneth Kobs
12179 Miss Blvd
Champlin, MN 55316
Kenneth Kobs
12179 Miss Blvd
Champlin, MN 55316
Kenneth Kobs
12179 Miss Blvd
Champlin, MN 5531~
Thomas Redmann
16541 Valley Drive
Andover, MN 55304
Lester Hughes
16445 Valley Drive
Andover, MN 55304
Lawrence Emmerich
16~.66 Valley Drive
A~er, MN 55304
Lester Hughes
16445 Valley Drive
Andover, MN 55304
Richard Snyder
16445 Valley Drive
Andover, MN 55304
'....f.........
ester'Hughes
6445 Valley Drive
ndover, MN 55304
o
almer Nelson
048 - 16Sth Avenue NW
ndover, MN 55304
oseph Saba
032 Candlewood Drive
rooklyn Park, MN 55443
hilip Bynum
3818 valley View Drive
ndover, MN 55304
Paul Zimmer
4045 - 165th Avenue NW
ndover, MN 55304
Everett Matthes
4123 - 165th Avenue NW
Andover, MN 55304
.
o
John Heinen
6370 - 143rd Lane
Anoka, MN 55303
Anoka Ind Grain & Seed
Second Ave N
Anoka, MN 55303
David Szyplinski
3945 - 169th Lane NW
Andover, MN 55304
Raymond Klenk
Rt 1
Rush City, MN 55069
Paul Zimmer
4045 - 165th Avenue NW
Andover, MN 55304
Lowell Jensen
4117 - 165th Avenue NW
Andover, MN 55304
Wayne Coleman
4008 - 165th Avenue NW
Anoka, MN 55303
Anoka Ind Grain & Seed
Second Avenue N
Anoka, MN 55303
Johnnie Tillery
3830 Valley View Drive
Andover, MN 55304
Paul zimmer
4045 - 165th Avenue NW
Andover, MN 55304
Lowel;L Jensen
4117 - 165th Avenue NW
Andover, MN 55304
---
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o
Regula~ City Council Meeting
Minutes - July 5, 1988
Page 3
(Public Hea~ing/P~oJect 88-15, Unlve~sity Avenue, Continued)
MOTION by Knight, Seconded by Elling, a Resolution o~de~ing the
imp~ovement of st~eet const~uction, P~oJect 88-15 In the Unlve~sity
Avenue, Constance Bouleva~d to 166th Avenue a~ea, and di~ecting
p~epa~ation of final plans and specIfIcations, as p~esented. (See
ResolutIon R150-88) DISCUSSION: The~e ~las some conce~n about
app~ovlng thIs befo~e the easement th~ough the mItigated p~operty Is
~esolved. M~. Sch~antz stated this simply approves the plans and
specifications, and the easements can be discussed again when the
Council reviews those plans. MotIon carrIed unanimously.
The Public Hearing closed at 7:56 p.m.
* HELIKER SKETCH PLAN
Afte~ discussing the p["oposed sketch plan, the developer and Council
ag["eed the Enginee["s should t~y to elIminate the lot access onto 58 by
puttIng In a cui de sac off the side road. It was thought anothe~ lot
could be c["eated wIth that configuration as well sInce the pLoposed
lots. aLe quIte la["ge.
OtheL than that p["oposed change, CouncIl saw no .pLoblem with the
sketch plan, ["ecommendlng the developer proceed to the PlannIng
CommIssIon.
INDIAN MEADOWS 3RD ADDITION PRELIMINARY PLAT
MOTION by OLttel, Seconded by Elling, a Resolution approvIng the
pLelIminaLY plat of Indian Meadows 3.d Addition as being developed by
New Gene.atIon Homes In Section 19 32 24 as p.esented. <See
ResolutIon R151-88) MotIon ca..led unanImously.
APPROVE THE EAW FOR OLD COLONY ESTATES
MOTION by OLttel, Seconded by Apel, that we app~ove the EAW fo. the
plat of Old Colony Estates as presented. MotIon caL~Ied unanImously.
REQUEST SPEED STUDY ON CROSSTOWN BOULEVARD
MOTION by Elling, Seconded by KnIght, that we request the County to
do a t~affIc studY on Crosstown Boulevard between 157th/PraILIe Road
c:> and Andove~ Boulevard. Motion carried unanimously.
.'1,
,.' :
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Planing and Zoning Commission
June 28, 1988 Meeting Minutes
Page Four
This plat is subject to park dedication fees as is determined by
the Park Board' as we do not have a recommendation. The 100-year
flood elevation of 864 should be stated on the plat.
Also approval of this plat is subject to a drainage easement
shown along the easterly lot lines of Lots 2 and 3 if the
drainage easement is greater than the normal 10 feet in width.
All voted yes. Motion carried.
This item will go to City Council on either July 5 or 19.
'}HELIKER SKETCH PLAN
Anoka County received a letter. regarding highway access. The
County stated in the June 14, 1988 letter that access for lot 1
is acceptable as shown at the north end of the lot. Access for
Lots 2 and 3 are acceptable as shown on the common lot line. The
County recommends access for lot 4 to be moved to the north end
of .the lot and the access for lot 5 be located along the west
side of that lot onto 165th Avenue.
Wayne Vistad agreed with the recommendation from the County of
Alloka.
Ms. Bosell agrees that the Lot 5 should front on 165th and the
driveway for that lot should be as far to the west as possible.
The County also stated that the right of way is acceptable as
shown being 60 feet from the genter line of the county highways.
Ms. Bosell prefers the 11-lot drawing as the one that should be
filed because it shows the road and could show Phase I and Phase
II. The driveway locations would have to be changed because'of
the County recommendations. Also lots 8, 7, 6, and 2 fall under
the 2-1/2 acre dimensions.
The Planning Commission agreed and recommended' to Mr. Heliker to
use the l1-lot drawing and to make the corrections as noted
showing Phase I and Phase II, and the making the change in
driveway.iocations as indicated by the County.
ALL-TERRAIN VEHICLE/SNOWMOBILE ORDINANCE PUBLIC HEARING.
CONTINUED
o
Daryl Morey reviewed the changes proposed to theAll-Terrain
Vehicle/Snowmobile Ordinance at the June 14, 1988 meeting.
-j-CD a
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COUNTY OF ANOKA
Department of Highways
Paul K. Ruud. Highway Engineer
1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520
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June 14, 1988
city of Andover
1685 crosstown Boulevard NW
Andover, MN. 55304
Attention: Jim Schrantz
CITY OF MmOVER
Regarding: Sketch Plan for Robert Heliker
Dear Jim:
We have reviewed a sketch plan for Robert Heliker located at
the intersection of Valley Drive and l65th Avenue in the City
of Andover.
Right of way is acceptable as shown being 60 feet from the
centerline of the county highways.
Access for Lot 1 is acceptable as shown at the north end of
the lot. Access for Lots 2 and 3 are acceptable as shown on
the Common Lot Line. Access for Lot 4 we would recommend
being moved to the north end of the lot and the access for Lot
5 be located along the west side of that lot onto 165th
Avenue. This is somewhat different than our normal
recommendation as we normally recommend groupings of driveways
just as shown on the plat. However, in this case the
driveways for Lots 4 and 5 would end up in the right turn lane
when county Road 58 gets reconstructed. Experience has shown
that driveways in the right turn lanes cause problems and
ultimately accidents. In an effort to make the accesses as
safe as possible, we recommend this change for Lots 4 and 5
and feel that this is actually a better situation to have the
extra access point as opposed to accesses in the turn lane.
Thank you for the opportunity to comment and if you should
have any questions, please feel free to contact me.
Sincerely,
7;J2!?f~
o
william A. Sironen, PE
Assistant county Engineer - Administration
.xc: County Surveyor
Affirmative Action I Equal Opportunity Employer
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF ECHO HILL AS BEING
DEVELOPED BY ROBERT HELIKER IN SECTION 8-32-24.
WHEREAS, pursuant to published and mailed notice thereof, the
Planning and zoning Commission has conducted a public hearing and
reviewed the preliminary plat of Echo Hill; and
WHEREAS, there was opposition or negative comments; and
WHEREAS, the plat has been reviewed by the Andover Review
Committee; and
WHEREAS, the plat has been reviewed by the City Engineer and
the Anoka County Highway Department; and
WHEREAS, as a result of such hearing and review, the Planning
and zoning Commission recommends approval of the plat citing the
following:
1) Variance from Ordinance 10, Section 9.06 a(3) for lot
width for Lots1 and 4 of Block 1 in Phase II as the lots
do not meet the 300 foot requirement at the setback line.
2) Variance from Ordinance 8, Section 4.05 to be granted for
the existing pole barn and garage on Lot 3 of Block 1
Phase II and for a garage in Lot 2 of Block 1 Phase II as
the existing structures are located in front of the
principal structure.
3) Variance from Ordinance 10, Section 9.02 C as Lots 1-5 of
Block 1 phase 1 are fronting County Road 58 (Valley
Drive).
4) Obtaining all necessary permits from the Watershed
Organization, DNR, Corps of Engineers and any other
agency that may be interested in the site.
5) Subject to park dedication as recommended by the park and
Recreation Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover to hereby approve the preliminary plat of Echo
Hill.
Adopted by the City Council of the City of Andover this
day of
, 19
o
CITY OF ANDOVER
ATTEST:
Michael Knight
Acting Mayor
Victoria volk - City Clerk
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
May 2, 1989
ITEM
NO,
Ord. 8 Amendment
ORIGINATING DEPARTMENT
Planning ~
Jay Blake City Planner
BY:
FOR
AGENDA SECTION.
NO, D1ScusSlon Items
REQUEST
The Andover City Council is requested to review the following
Amendment to Ordinance 8, Sections 3.02, 7.04 and 8.01 regarding
the exterior storage of waste tires within the City of Andover.
BACKGROUND
The City currently has very limited controls over the accumulation
of waste tires in both the junk yard areas and also in residential
districts. As-part of the clean up efforts for the City, Mayor
Elling has put forth the enclosed amendment to the Zoning
Ordinance.
The proposed amendment would:
Define waste tires.
Exclude the exterior storage of
waste tires throughout the City.
Allow the storage of up to 250 waste
tires one any one property in the
Industrial district.
The Planning department, through its investigative unit, found
that tire businesses deal with waste tires in several different
ways. Most store them on the site and at a certain number or
after a certain time period, the tires are hauled away by a
licensed waste tire hauler. The number ranges from as low as 40
to as high as 1,000 tires stored on the site.
The Planning Department believes that 250 tires is an appropriate
number for waste tire storage in the Industrial District.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
Page 2
Ordinance 8 Amendment
c:. May 2, 1989
PLANNING COMMISSION RECOMMENDATIONS
The Andover Planning and zoning Commission reviewed the proposed
amendment at their April 11, 1989 meeting. A public hearing was
held and opposition was heard from the owner of one junk yard.
The Commission heard testimony from the Minnesota pollution
Control Agency that supported this effort to restrict the number
of waste tires within the City. The Planning Commission
recommended approval (5-yes, 1-no).
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 8
AN ORDINANCE AMENDING ORDINANCE NO.8, THE ZONING ORDINANCE OF
THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No. 8 is hereby amended as follows:
Section 3.02 Definitions
Waste Tire: a tire that is no longer suitable for its original
intended purpose because of wear, aamage or defect.
7.04 Uses Excluded
In All Districts
storage of Waste Tires
In Industrial Districts:
storage of more than 250 waste tires
Section 8.01 Exterior Storage
(C) Waste Tires
No storage of waste tires shall be allowed in within the
City of Andove~, exceit in Industrial Districts. In Industrial
Districts, there shal be no storage of more than 250 waste tires
at anyone time. All storage must be within a permanent
structure. Businesses offering new or used tires for sale must
store the inventory within a permanent structure.
Adopted by the City Council of the City of Andover this
day of , 1989.
CITY OF ANDOVER
ATTEST:
Michael Knight - Acting Mayor
Victoria Volk - City Clerk
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100
ANDOVER PLANNING AND ZONING COMMISSION
REGULAR MEETING MINUTES
APRIL 11, 1989
The regular meeting of the Andover Planning and Zoning
Commission was called to order by Chairman Becky Pease at
7:30 p.m., Tuesday, April 11, 1989 at Andover City Hall, 1685
Crosstown Boulevard N.W., Andover, Minnesota.
Commissioners present included Chairman Becky Pease, Bill
Bernard, Don Spotts, Wayne Vistad, Gretchen Sabel, and Ron
Ferris. Also present were Jay Blake and Todd Haas.
APPROVAL OF MINUTES
This item was tabled until the end of the meeting as not
everyone has had a chance to review the minutes.
Chairman Pease reviewed the procedures to be used during the
public hearing section of the meeting.
HEIDELBERGER VARIANCE. CONTINUATION
This item was tabled until Mr. Heidelberger would be present
to discuss.
PUBLIC HEARING ORDINANCE 8... AMENDMENT. WASTE TIRE STORAGE
Mr. Blake stated that the Planning Commission was requested
to review the proposed amendment to Ordinance 8 -- which would
limit the exterior storage of waste tires throughout the City.
He also explained that Mayor Elling had requested the issue of
waste tires be re-examined by the Planning Commission. There
apparently was a proposal in 1987 to limit the storage of tires,
but the proposal was tabled, and no action was taken.
Mr. Blake described the proposed amendment -- it defines
waste tires, it excludes the exterior storage of waste tires
throughout the City, and it allows for the storage of no more
than 25Q,tires on anyone property in the Industrial District.
Chairman Pease opened the public hearing.
o
Mr. Andy Ronchak, with the Minnesota Pollution Control
Agency, gave a summary of the state Waste Tire Program. He
stated that they do have a program governing the stockpiling of
waste tires which starts at 500 tires per permit. Also, he
mentioned that they have a permit-by-rule status which is
essentially notification between 50 and 500, that doesn't require
a permit process.
o
Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Two
He also stated that there .are quite a few exemptions from
that permit rule. One of these exemptions was that if the tire
dump existed prior to the PCA rules, they could be asked to be
put on the abatement program or on the list of tire dumps to be
cleaned up if they no longer want to be an active site.
Mr. Ronchak stated that they work with places so that they
have a regular collection system and no need to store any waste
tires. Mr. Ronchak felt an ordinance, such as the one Andover is
proposing, would greatly encourage these places to not have
stockpiles in the future but to tap into a very extensive
collection network that's already in existence.
Mr. Ronchak reported that thePCA is trying to make an
agreement with Cecil Heidelberger to move the trailers (with
17,000 waste tires) over to the existing shredder that's located
on the Andover Tire Dump and to process those waste tires. He
felt agreement with the other Andover sites would follow.
He reiterated that the PCA permit program is designed for
on~going tire generation. In summary, Mr. Ronchak did feel these
ordinances should be specifically designed to close down the
sites that do not need to stockpile the tires, and the ones that
do need to stockpile them, to control them in the future very
closely.
Mr. Spotts asked if other communities are taking similar
steps through stricter ordinances to alleviate the waste tire
problem. Mr. Ronchak stated that the City of Andover was unique,
and it's more on a county-wide basis that there are ordinances
like this being presented. Because of the Andover Tire Dump, Mr.
Ronchak felt that attention has been focused on the need to do
something on not only a county-level, but a local level also. He
stated, if there are specific concerns, they encourage local
units of government to pass more strict ordinances that would
address their particular problems; and they are definitelY in
support of ordinances such as the one Andover is proposing.
Ms. Sabel asked if the tires at Lou's Tire Town being
abated. Mr. Blake stated that the property has been sold to new
owners, and the owners are required to remove the tires before
the completion of the purchase of the property can be transacted.
o
o
Andover Planning and Zoning Commission
April 11, 1989 Meeting Minutes
Page Three
Mr. Bernard asked who courtts these tires to determine
whether a permit is needed or not. Mr. Ronchak stated that they
know that 1,000 tires can fit on a semi-load, and 500 is about
half that amount. Their estimating procedure is 10 tires per
cubic yard. Mr. Bernard also asked why do these tires have to be
stockpiled and handled two-three times. Mr. Ronchak stated that
most of the facilities in Andover will not have enough tires to
justifying'a $300,000 shredder. Mr. Ronchak also described other
ways to economically reduce the size of the tire pile such as
using a cutter, which could be very portable and run about $6,000
each. . .
Mr. Blake stated that the intent of the' amendment was to
eliminate exterior storage of waste tires throughout the City.
Mr. Rick Heidelberger stated that the trailers were an
effective and inexpensive way to store waste tires, and this
alleviates the problem of having tires outside at all. He stated
that he used to work for a firm as a driver hauling waste tires.
When these trailers were full, he would drive them to a shredder,
and it was a very effective way to handle the problem.
Mayor Elling stated that ordinance before the Planning
Commission was an amendment that he was proposing. He further
explained that the 250 tires are only for those business that
deal in tire sales, as Andover has no interest in storing tires,
shredding tires, etc. There have been ramifications from the
tire fire -- the FHA is even considering whether to back loans
for houses in the Andover area.
MOTION was made by Commissioner spotts, seconded by
Commissioner Sabel to close the public hearing. All voted yes.
Motion carried.
Discussion: Mr. Vistad would like to find out from the
actual businesses if 250 is a fair number to go by in the
ordinance.
Mr. Spotts if the information in the packet was ever
previously approved. Mr. Blake stated that was only a draft, and
never approved, and currently there is no ordinance.
o
Mr. Ferris stated the proposed amendment, while defining
what a waste tire was did not define what is a reusable,
resalable tire. He thought this definition should also be
included to differentiate between waste tires and reusable tires,
and that this would be especially important for enforcement
o
Andover Planning and Zoning commission
April 11, 1989 Meeting Minutes
Page Four
Mr. spotts asked if there was a state law that addressed
whether a tire had enough tread on it to deem it still usable.
Mr. Ronchak stated that it is very difficult to determine what
tires are reusable. He stated that there is a state law on this
issue.
Mr. Spotts felt that too much was being read into this
proposal. He stated that the ordinance addressed waste tires.
The Planning Commission directed staff to survey some of the
tire companies to determine the volume of tires to be used in
this ordinance.
MOTION was made by Commissioner Spotts, seconded by
Commissioner Bernard that the Andover Planning and Zoning
Commission recommends to the city Council approval of the
Ordinance 8, Section 3.02 Definition as presented, Section 7.04
Uses Excluded as presented, Section 8.01 Exterior Storage as
presented, except to strike the word "in" (following shall be
allowed).
Discussion: Commissioner Sabel asked about the issue Ron
addressed regarding any tires not attached to a vehicle. Mr.
Ferris agreed this would not include any tire attached to a
vehicle.
Mr. Vistad had a question on how this would affect tire
swings. It was decided it would not affect them.
Roll call: Vistad-no, Sabel-yes, Spotts-yes, Ferris-yes,
Pease-yes, Bernard-yes. Motion carried.
Commissioner Sabel still requested that Mr. Blake do the
research that was asked earlier about the 250 tires. This item
will go to the City Council on May 2nd.
HEIDELBERGER. RICK AND MARIAN. VARIANCE
Mr. Blake stated that this item is a continuation of the
variance request of Rick and Marion Heidelberger at 2052 Bunker
Lake Boulevard. The property has two uses on it -- it houses
Mom's Auto Salvage and has a residential structure on it, along
with the garage in question. The garage is considered non-
conforming pursuant to Ordinance #8, Section 4.03, Subsections A
and B, and Section 4.05, Subsection F.
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CITY of ANDOVER
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 28, 1989 at the Andover City Hall,
1685 Crosstown Blvd. NW, Andover, MN to consider an amendment
to Ordinance 18 (The zoning Ordinance).
The proposed amendment would prohibit the exterior storage of
waste tires and limit the interior storage of tires.
Interested parties of said proposal will be heard at the above
time and location.
(,
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Vicki Yolk, city Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
May 2, 1989
ITEM
NO,
11.
Rename Verdin Street
BY:
James E. Schrantz
FOR
AGENDA SECTION
NO,
ORIGINATING DEPARTMENT
Discussion Items
Engineering
The City Council is requested to approve the ordinance naming
relocated street from 139th Avenue to the south city limits,
Crosstown Boulevard.
The section between 139th Avenue and Bunker Lake Boulevard won't
have any residents on it. Therefore, we may be able to leave the
existing Crosstown Boulevard, still called Crosstown Boulevard
with the existing addresses.
The section from Bunker Lake Boulevard to the south city limits
where it runs into Coon Creek Drive in Coon Rapids will be renamed
from Verdin street to Crosstown Boulevard. We have some concerns
about the confusion of Coon Creek Drive with our South Coon Creek
Drive. But, as long as it is Coon Creek Drive in the City of Coon
Rapids it shouldn't give us a great deal of problems.
This naming will be similar to East River Road, as an example.
East River Road ends at Coon Rapids Boulevard and is Coon Rapids
Boulevard until it gets to the City of Anoka, and then it becomes
East River Road again. It is not necessarily an uncommon
situation where each city is somewhat parochial and want their own
names.
Crosstown Boulevard then will be a continuous road from our south
city limits all the way northeast to our city limits continuing
through Ham Lake on over to Highway 65 and beyond. We hope to
have County Road 18 open this fall. Therefore, I'd like to have
the street now named Crosstown Boulevard so we can get it signed
and be ready for the grand opening.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
May 2, 1989
DATE
AGENDADSECTION . Items
NO. lSCUSSlon
OBlGINATING DEPARTMENT
Plannli'ig
BY:
APPROVED FOR
AGENDA
ITEM
NO,
.
Commercial Lot Sale
BY:
REQUEST
The Andover City Council is requested to review the following
purchase agreement for a lot in the Andover Commercial Park:
LOT
PURCHASER
Lot 3, Block 2
Jim Kuhlmey
The agreement has been reviewed by Attorney William Hawkins. The
signed agreement and $1,000 deposit were sent by Mr. Kuhlmey and
should be received by the City Attorney prior to the Council
meeting. Copies will be available at that time.
Mr. Kuhlmey will be at the meeting to answer any questions you
might have.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
o
Legal
Description
Sale price
warranty
Taxes and
Special
Assessments
o
PURCHASE AGREEMENT
Received of James Kuhlmey, Buyer, the sum of One
Thousand and no/100 ($1,000.00) Dollars as earnest
money and in part payment for the purchase of
property situated in the Andover Commercial Park in
the city of Andover, County of Anoka, State of
Minnesota.
Lot 3, Block 2, Andover Commercial Park, according
to the map or plat thereof on file and of record in
the office of the County Recorder in and for Anoka
County, Minnesota.
Thirty Thousand Four Hundred Twenty and no/100
($30,420.00) Dollars,
which Buyer agrees to pay in the following manner:
Earnest money paid herein: One Thousand and no/100
($1,000.00) Dollars, and Twenty-nine Thousand Four
Hundred Twenty and no/100 ($29,420.00) Dollars on
or before June 1, 1989, the date of closing.
Subject to performance by the Buyer, the Seller
agrees to execute and deliver a warranty Deed
conveying marketable title to said property,
subject only to the following exceptions:
1. Building and zoning laws, ordinances, State and
Federal regulations;
2. Restrictions relating to use or improvement of
the premises without effective forfeiture
provision;
3. Reservation of any minerals or mineral rights
to the State of Minnesota;
4. utility and drainage easements which do not
interfere with present improvements.
The parties hereto agree that the real estate taxes
due and payable in the year 1989 shall be prorated
to the date of closing based upon a calender year.
Buyer shall pay all of the taxes due and payable in
1990 and all years thereafter. Seller shall pay
all levied and pending special assessments due
against the property at the date of closing; except
that Buyer shall be responsible for all water and
sewer connection charges which the City collects at
the time of issuance of a building permit.
o
Addi tional
Terms and
Contingencies
Possession
Ti tle
Default
Survivability
o
Closing
This agreement is contingent upon the following
items:
Acceptance by the City Council of Andover. In the
event that the City Council has not accepted this
agreement and authorized the execution hereof by
the mayor and clerk within forty-five (45) days
after the execution of this agreement by the Buyer,
this agreement shall be null and void.
The Seller further agrees to deliv~r possession not
later than the date of closing provided that all
conditions of this agreement have been complied
with.
Seller shall, within a resonable time after
acceptance of this agreement, furnish an Abstract
of Title, or a Registered Property Abstract,
certified to date to include proper searches
covering bankruptcies, State and Federal judgements
and liens. Buyer shall be allowed ten (10)
business days after receipt for examination of
title and making any objections, which shall be
made in writing or deemed waived. If any objection
is so made, Seller shall be allowed one hundred
twenty (120) days to make title marketable.
pending correction of title, payments hereunder
required shall be postponed, but upon correction of
title and within ten (10) days after written notice
to Buyer, the parties shall perform this agreement
according to its terms. If title is not corrected
within one hundred twenty (120) days from the date
of written objection, this agreement shall be null
and void, at option of Buyer, neither party shall
be liable for damages hereunder to the other, and
earnest money shall be refunded to Buyer.
If title is marketable or is corrected within said
time, and Buyer defaults in any of the agreements
herein, Seller may terminate this agreement, and on
such termination all payments made hereunder shall
be retained by Seller, as its interest may appear,
as liquidated damages, time being of the essence
hereof. This provision shall not deprive either
party of the right of enforcing the specific
performance is commenced within six (6) months
after such right of action arises. In the event
Buyer defaults in his performance of the terms of
this agreement, and Notice of Cancellation is
served upon the Buyer pursuant to MSA 559.21, the
termination period shall be thirty (30) days as
permitted by Subdivision 4 of MSA 559.21.
The provisions of this purchase agreement shall, to
the extent applicable, survive the closing.
The closing shall take place on or before June 1,
1989. Buyer is hereby accorded the privilege of
closing at an earlier time upon ten (10) days
written notice to Seller.
o
The delivery of all papers and monies shall be made
at the office of:
William G. Hawkins
Burke and Hawkins
299 Coon Rapids Blvd., *101
Coon Rapids, MN 55433
Seller
We, the undersigned, owner of the above land, do
hereby approve the agreement and the sale thereby
made.
Dated:
, 19
CITY OF ANDOVER
By
Mayor
By
Clerk
Buye r .
I hereby agree to purchase the above property for
the price and upon the terms above mentioned, and
subject to all conditions herein expressed.
Dated:
, 19
James Kuhlmey
o
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE May 2. 1989
FOR
AGENDA SECTION ORIGINATING DEPARTMENT
NO, Discussion Items Planning Blake {, ty
ITEM 13.
NO. Compo Plan Process Jay Planner
BY:
REQUEST
The Andover City Council is requested to review the following
proposed process for the revision of the City's Comprehensive
Plan.
I would like to utilize existing Commissions and Committees as
lead planning groups for the Comprehensive Planning process,
including, the Planning and Zoning Commission, Park and Recreation
Commission, Economic Development Committee, Road Committee and the
Hazardous Waste Committee.
To select a consultant to assist the City I believe that we should
send Request for Proposals to reputable planning firms around the
State. A selection committee made up of the Planning Commission
and City Council members should then interview prospective
consultants and make a recommendation to the City Council on which
consultant will best suit the needs of the City.
I have included for your ~eview the basic information sheet for
the Request for Proposals that will eventually be mailed to
planning consultants, a flow chart that outlines the process and
working relationships and a time line for the planning process.
These are presented for discussion purposes.
Please provide any additional information and suggestions either
by phone prior to the Council meeting or at the meeting.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
o
Page 2
Compo Plan Process
May 2, 1989
The following time line will better illustrate the process:
DATE
EVENT
June 1, 1989
RFP Sent to Consultants
July 1, 1989
July 10-15, 1989
July 25, 1989
August 1989
September 1989 - January 1990
Proposals Due
Consultant Interviews
September 1990
October 1990 - January 1991
February 1991
City Council Chooses Consultant
Planning Process Begins
Periodic Plan Reviews by the
City Council
Draft Plan Complete
Metropolitan Council Review
Plan Adopted
o
o
CITY OF ANDOVER
ITEM:
Request for proposals for the update of the City's
Comprehensive plan and Development Framework.
BACKGROUND: The City of Andover is a rapidly growing suburb of
14,000 people 20 miles north of the Twin Cities in Anoka
County. The City has a unique mix of rural and urban uses
that requires additional sensitivity for planning and
guiding growth.
EXISTING COMPREHENSIVE PLAN: The Andover Comprehensive Plan and
Development Framework was completed in July of 1980 and
finally adopted in 1982. Significant changes in the
growth patterns for the City have occurred. In addition,
environmental issues have become a greater concern for
area residents.
GROUP PLANNING PROCESS: The City's Planning and zoning Commission
will play a significant role in the development of the new
Comprehensive Plan. Additional emphasis will be placed on
neighborhood planning. Several advisory committees
including: the Andover Economic Development Committee,
Road Committee and Hazardous Waste Committee will play key
roles in the development of the Comprehensive plan.
City Staff will provide necessary assistance to the
consultant through graphics, research and coordination.
TIME FRAME: The City will begin the planning process in July of
1989 and the proposed completion date in July of 1991
(including Metropolitan Council review and approval)
INFORMATION REQUIRED: The consultant is required to submit the
following information:
Company Background - provide relevant planning and consulting
experience, staff experience and related personnel
information and other related information.
proposed Scheduling - Describe the company's plans for meeting
schedules, number of meetings ~Qd related deadlin~s.
Budget Information - A detailed breakdown of costs including:
staff, transportation, duplication costs and payment
-scheduling.
The proposal should be received by the City on or before June 30,
1989 at the following address:
o
City of Andover
1685 NW Crosstown Boulevard
Andover, MN 55304
Attn. Jay Blake, City planner
.-1."
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO. Staff, Committee,
ITEM
NO. Item 14
DATE May 2, 1989
ORIGINATING DEPARTMENT
Administration
BY:Victoria Volk
The City Council is requested to approve the attached resolutions
dealing with sanitary sewer hookups.
1. This resolution will give the owners in The Oaks, Woodridge
Acres and Shady Knoll until May 2, 1990 to connect to the city
sewer.
This resolution should have been adopted when the project was
done pursuant to Ordinance 32, Section III B.
2. This resolution is for future projects. Those owners will
have one year after completion of the project to connect to
the sanitary sewer.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION SETTING THE TIME LIMIT FOR CONNECTION TO THE CITY
SANITARY SEWER SYSTEM CONSTRUCTED UNDER PROJECTS 87-4, WOODRIDGE
ACRES; 87-7, SHADY KNOLL; AND 87-29, THE OAKS.
WHEREAS, Ordinance No. 32 provides for the City Council to
set the time limits for properties with conforming private waste
disposal facilities to connect to the public sanitary sewer; and
WHEREAS, the City Concil feel~ there should be a period of
time prior to the date for which assessments are collected for
the property owners to connect to the public sanitary sewer; and
WHEREAS, sanitary sewer became available for connection by
the property owners on
WHEREAS, assessments for the improvements were levied on
.September 8, 1988.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover to hereby establish the deadline for connection
to the public sanitary sewer by property owners with conforming
private waste disposal facilities, as May 2, 1990.
Adopted by the City Council of the City of Andover this
day of
, 1989.
CITY OF ANDOVER
Attest:
Michael Knight, Acting Mayor
victoria volk, City Clerk
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION SETTING A TIME LIMIT FOR CONNECTION TO THE CITY'S
SANITARY SEWER SYSTEM.
WHEREAS, Ordinance No. 32 provides for the city Council to
set the time limits for properties with conforming private waste
disposal facilities to connect to the public sanitary sewer; and
,
WHEREAS, the City Council feels there should be a period of
time prior to the date for which assessments are collected for
the property owners to connect to the public sanitary sewer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover to hereby establish the deadline for connection
to the public sanitary sewer by property owners with conforming
private waste disposal facilities as one year after the
completion of the project.
CITY OF ANDOVER
Attest:
Michael Knight, Acting Mayor
Victoria Volk, City Clerk
o
V. "Storm Drain" (sometimes termed "storm Sewer") shall mean
a drain or sewer for conveying water, groundwater, subsurface
water, or unpolluted water from any source.
W. "Easement" shall mean an acquired legal right for the
specific use of land owned by others.
X. .City" shall mean City of-Andover.
SECTION II. USE or PUBLIC SEWERS REQUIRED.
A. It shall be unlawful for any person to place, deposit, or
permit to be deposited in any unsanitary manner on public or
private property within the City of Andover or in any area under
the jurisdiction of said City, any human or animal excremen~,
garbage, or objectionable waste.
.
B. It shall be unlawful to discharge to any natural outlet
within the City of Andover, or in any area under the jurisdiction
of said City, any wastewater or other polluted waters.
C. The owner of all houses, buildings, or properties used for
human occupancy, employment, recreation, or other purposes,
situated within the city and abutting on any street, alley, or
right-of-way in which there is now located or may in the future be
located a public sanitary sewer of the City, is hereby required at
the owner's expense to install suitable toilet facilities therein,
and to connect such facilities directly with the proper public
sewer in accordance with the provisions of this ordinance within
sixty (60) days after date of due notice to do so.
D. Discharge of wastewater into building sewers and sanitary
sewer system shall be in conformance with the Metropolitan waste
control Commission rules and regulations.
SECTION III. EXISTING WASTEWATER DISPOSAL.
A. Where a public sanitary sewer is not available under the
provisions of Section II C, the building sewer shall be connected
to a private wastewater disposal system complying with the
Minnesota state Plumbing Code and the provisions of the City
Private Wastewater Disposal Ordinance.
B. At such time as public sewer becomes available to a
property served by a non-conforming private wastewater system, a
direct connection shall be made to the public sewer within thirty
(30) days. At such time as a public sewer becomes available to a
property owner served by a conforming private wastewater disposal
system, a direct connection shall be made to the public sewer
within a period of-time as determined by Council resolution.
Immediately upon hook-up to the public system, any septic system,
cesspool or similar private wastewater disposal facility may be
required, at the discretion of the Building Inspector, to be
clearted of sludge, collapsed and backfilled with a suitable
granular material.
(6-1-82)
o
If such connection is not made pursuant to this ordinance,
penalties shall be levied in an amount set by Council resolution.
(5-29-85)
Page 3
~
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
May 2, 1989
AGENDA SECTION,
NO. D1Scusslon Items
ORIGINA:rING DEPART{f}Nji, ~ .
Plannlng ~UA.J
~
Cindy DeRuyter
BY: Recycling Coodinator
FOR
~5.M City Clean-up Day
REQUEST
The Andover City Council is asked to ~eview the possibility of
having a city-wide beautification day: This day could be on
Saturday, July 15, 1989.
BACKGROUND
Andover has not had a city-wide clean up day before. Since the
fire at the former Tonson site, the residents of Andover have
become very cognizant of how Andover is perceived. Many residents
are asking for a cleaner Andover.
Consideration of what materials will be taken must be made.
Possibilities are: waste tires, hazardous waste materials,
recyclables, major appliances, junk wood, etc.
Some other communities in Anoka County have had similiar projects,
including the City of Ramsey. As their residents are becoming
more and more accustomed to their clean-up efforts, they have
begun to look forward to their clean-up days. This can happen
here in Andover.
OPTIONS
The date of the clean-up day needs to be considered. Ideally, this
would have been in April or May. Jim Gromberg of Ramsey was
consulted and he suggested that we needed about three months lead
time. July 15 has been suggested as a possible date, because of
the July 4th-8th hoiday week preceeding it and the July 22nd City
Celebration the following weekend.
Some Funds for this kind of project would be available through the
recyling budget.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
ieL
o
Page 2
Clean-up day memo
May 2, 1989
RECOMMENDATIONS
For the clean-up day to be a success, the support of the entire
city is necessary. The staff recommends that the City Council
designate July 15th as Andover's First Annual Beautification Day.
City Council is also asked to authorized the use of recycling
funds for this project.
o
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
ITEM
NO.
16.
Curbside Recycling
DATE May 2, 1989
ORIGINATING DEPARTMENT
Plan~ ~
Cindy DeRuyter
BY~ec clin Coordinator
AGENDA SECTION
NO. Discussion Items
REQUEST
The Andover City Council is asked to review the possibility of
having Ace Solid Waste Management, Inc. start curbside recycling
for their customers. Mr. Dean Warden of Ace is here to tell of
how he could implement these plans.
BACKGROUND
The State of Minnesota and Anoka County wants all the cities to
meet a reduction of volume of trash that goes to the new RDF plant
in Elk River.
Ace is willing and ready to pick-up recyclables from his
customers. Ace services 2665 homes in Andover.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
May 2, 1989
DATE
AGENDA SECTION .
NO. Starr, Comml ttee,
Commission
ORIGINATING DEPARTMENT
Engineering
APPROVED FOR
AG
ITEM
NO.
steve Kunde/Oak
Wilt
BY:
James E. Schrantz
BY:
The City Council is requested to consider a Diseased Tree Program.
Ray and I met with Steve Kunde who is a graduate forester. He has
helped a number of cities develop long term tree disease programs.
He has recommended that the City of Andover set up a Tree Board to
look at Andover's diseased tree problems, seeing that Anoka County
has experienced such a high degree of Oak Wilt and Dutch Elm
diseases.
He also recommends that we have a woodland protection ordinance
that will discuss tree disease, construction damage, and a fee
schedule to help finance a disease prevention program. If the
City Council is interested in this type of program, it may serve
the City well to take proposals to discuss this with other people
that would offer the same service.
We possibly could look into working with other communities within
Anoka County. Currently, Mr. Kunde is working with the City of
Blaine. They will be flying the city to locate the oak wilt and
dutch elm and establish control areas. There may be areas in the
City that are out of control that we would not be able to prevent
further spread of the damage or the disease.
There are costs for this program, of course. I believe that the
funding for this program would have to be financed from some type
of a fee schedule. Maybe a fee schedule that's associated with
the improvement projects - if someone is platting land that there
be a fee where we would monitor the construction, monitor the tree
damage, help them with their construction methods so that they
don't do damage to the trees, educate and inform them. Also, the
Council may want to set aside in next year's budget some part of
a mil in order to have funds to look at the disease problem in the
entire city.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
e
Forestry
Consultants
METRO OFFICE:
2201 NORTH LEXINGTON AVE ROSEVILLE. MINNESOTA 55113 488.7093. 825-3272
NORTH OFFICE:
ROUTE 4. BOX 218 NORTH BRANCH. MINNESOTA 55056
April 27, 1989
City of Andover
Andover, MN
Dear Council Member,
The City of Andover is experiencing a rapid increase in tree
disease (primarily oak wilt) which is being fueled by the
development of oak forested property. This development is and
has been the driving force by which oak wilt has spread through
the Northern Suburbs. With a conscientious and well planned
forestry program the City can reduce the disease impact and begin
to develop an Urban Forest with increased health, value, and long
term growth.
The Kunde Co. would like to assist the City of Andover in
developing and establishing a comprehensive City Forestry
Program.
This type of program can be established over a number of years as
the city grows and develops. The City needs a long term plan to
be implemented over the next 5 years but also needs a short term
plan which directly deals with the complexities and increasing
spread of tree diseases.
The following represents a brief outline with explanation of a
few ideas which were recently discussed in a meeting with the
City Manager, and Mr. Ray Sowoda.
o
MEMBER: Minnesota Forestry Association - Society of American Foresters - Minnesota Society of Arboriculture
Internalional Society of Arboncullure . American Forestry Association
o
LONG TERM PLAN
1. Establishment of Tree Board.
The establishment of a tree board is very important in
recommending to the Council the goals and direction a program
takes by gathering options and strategies through contacts with
professionals in various fields.
2. Assess the needs and impacts of the following.
Development -
Establish woodland protection ordinances,
Construction damage program.
Disease Control - Establish guidelines, ordinances, and
long term budget forecasts.
Reforestation -
Establish long term goals with respect
to specie selection, landscape requirements on
commercial property, and development of
planting plans on city property and parks.
Public Awareness -Establish a public awareness program to promote
the Forestry and Parks program.
1989
It is possible for the City of Andover to begin the planning
process for a forestry program in 1989. However the opportunity
exists for the City to have a major impact on the future costs of
the program by implementing several aspects of it at this time.
1. Initiate mapping of existing infection centers and any
control work accomplished. The Dept. of Natural Resources has
completed an initial mapping of major infection centers of oak
wilt within the City. This information should be obtained and
added to. Approximately 90% of future disease will occur within
old infection centers. This can substantially reduce inspection
costs.
2. Initiate tree disease control programs in development areas
which are currently going through the planning and development
process. The costs of control work is at least 10 times as
expensive and much more difficult to control once housing
appears. The development of 100 acres is dealt with at a
fraction of the cost of that with 100 separate residences.
o
o
o
The initiation of this type of program can be contained within
the developmen~~osts with no cost to the City. Although this
requirement may cause some concern with the developer the overall
impact can result in increased speed of sales and reduction in
the developers liability. It should also be supplemented with
positive public relations from the economic development
committee.
3. Initiate construction damage prevention guidelines. Builders
building on wooded property would be required to follow basic
guidelines with respect to tree damage through building
practices. Again these guidelines and requirements would prove
beneficial in reducing disease spread and also reduce the
liability builders face when trees later die because of
construction damage.
These few suggestions represent a number of very important areas
in which the City could begin to implement a comprehensive
forestry program. They are not complete and must be added to as
time passes. Every Cities needs are different and the program
must reflect that cities character and growth characteristics.
Forestry
Consultants
METRO OFFICE:
2201 NORTH LEXINGTON AVE ROSEVILLE, MINNESOTA 55113 488-7093. 825-3272
NORTH OFFICE:
ROUTE 4, BOX 218 NORTH BRANCH, MINNESOTA 55056
KUNDE co. CONSULTING FORESTERS
EDUCATION S. KUNDE D. FITZPATRICK S. COOK.
Bachlor of Science - College of Forestry - University of Minn.
PROFESSIONAL MEMBERSHIPS
Society of American Foresters
Minnesota Forestry Association
American Forestry Association
Minnesota State Shade Tree Advisory Committee
(Oak Wilt Subcomittee)
Minnesota Society of Arboriculture
International Society of Arboriculture
Municipal Arborists and Urban Foresters Society
PRESENT AND PAST CONSULTING CONTRACTS
University of Minnesota
Minnesota Dept. of Natural Resources
Minnesota Dept. of Agriculture
Minnesota Dept. of Transportation
Metropolitan Wastewater Management Commission
CDR Development Project
OSM Consulting Engineers
Minnesota Interstate Transmission Systems
Williams Pipeline
Forest Ridge South Development
CITY CONTRACTS
North Oaks
Burnsville
Wyoming
Tonka Bay
Lino Lakes
Circle Pines
Oakdale
North Branch
Forest Lake
Inver Grove Heights
Willernie
Mahtomedi
o
MEMBER: Minnesota Forestry Association - Society ot American Foresters - Minnesota Society of Arboriculture
International Society of Arboriculture . American Forestry Association
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
May 2, 1989
DATE
Non-Discussion Items
Engineering
~
BY:
AGENDA SECTION
NO.
ORIGINATING DEPARTMENT
ITEM
NO.
Red Oaks Manor Final
Plat Approval 18.
BY: Todd J. Haas
The City Council is requested to approve the final plat for Red
Oaks Manor 6th Addition.
The final plat is in compliance with the preliminary plat.
The developer has paid in full the park dedication for the entire
plat.
It is recommended that the plat be approved subject to the
following:
1. The City Attorney presenting a favorable title opinion.
2. Security to cover legal, engineering, street sign and
installation costs to be determined by the City Engineer.
3. The developer escrow for the uncompleted grading of the site
which is to be determined by the City Engineer or if site
grading is completed, a letter from the surveyor or the
developer's engineer that lots and streets are graded
according to the grading plan submitted to the City.
4. The final plat not to be signed by the Mayor or Clerk until
there is an executed Development Contract, escrow paid (15%
of the total costs for the improvements for the property
(streets, utilities, etc.}) and a contract for the
improvements awarded.
5. Street light costs to be paid to Anoka Electric Cooperative.
Costs to be determined by Anoka Electric Cooperative.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING THE FINAL PLAT OF RED OAKS MANOR 6TH
ADDITION AS BEING DEVELOPED BY NORM HOLM AND ART RAUDIO IN
SECTION 34-32-24.
/
WHEREAS, the City Council approved the preliminary plat of
Red Oaks Manor 6th Addition; and
WHEREAS, the developer has presented the final plat of
Red Oaks Manor 6th Addition; and
WHEREAS, the developer has paid in full the park dedication
for the entire plat; and
WHEREAS, the City Engineer has reviewed such plat for
conformance with the preliminary plat; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover to hereby approve the final plat of Red Oaks
Manor 6th Addition contingent upon receipt of the following:
1. The City Attorney presenting a favorable title opinion.
2. Security to cover legal, engineering, street sign and
installation costs to be determined by the City Engineer.
3. The developer escrow for the uncompleted grading of the
site which is to be determined by the City Engineer or if
site grading is completed, a letter from the surveyor or
the developer's engineer that lots and streets are graded
according to the grading plan submitted to the City.
4. The final plat not to be signed by the Mayor or Clerk
until there is an executed Development Contract, escrow
paid (15% of the total costs for the improvements for the
property {streets, utilities, etc.}) and a contract for
the improvements awarded.
5. Street light costs to be paid to Anoka Electric
Cooperative.
BE IT FURTHER RESOLVED citing the following:
1. Variance from Ordinance 10, Section 9.03(g) for the length
of the cul-de-sac which exceeds the maximum of 500 feet.
Length is approximately 530 feet.
2. All lots access through interior City streets.
o
3. Developer is responsible to obtain all permits.
o
o
MOTION seconded by Councilman
adopted by the City Council at a
day of
and
, 19
Meeting this
, with Councilmen
favor of the resolution and Councilmen
against same whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
voting in
voting
Michael Knight
Acting Mayor
Victoria Volk - City Clerk
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
May 2, 1989
DATE
AGENDA SECTION
NO.
Non-Discussion
..;;>.
Award Bid/89-4/
Red Oaks 6th
Items
ORIGINATING DEPARTMENT
Engineering
APPR WE) FOR
AGEN DJ
ITEM
NO.
\
BY: James E. Schrantz
BY:
\
if
The City Council is requested to approve a resolution awarding the
bid to the lowest responsible bidder for Improvement Project 89-4,
Red Oaks 6th Addition.
This is a companion item with the approval of the plat for Red
Oaks Manor 6th Addition final plat. The project should be awarded
subject to an executed development contract between that developer
and the City.
Bids will be received Friday, April 28, 1989 at 9:30 A.M.,
therefore, the bid recommendation will be provided to the Council
at the meeting on the 2nd.
COUNCIL ACTION
c
MOTION BY
TO
SECOND BY
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 89-4 FOR WATERMAIN, SANITARY SEWER,
STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER CONSTRUCTION
IN THE AREA OF RED OAKS MANOR 6TH ADDITION.
WHEREAS, pursuant to advertisement for bids as set out in
Council Resolution No. 059-89, dated April 4, 1989, bids were
received, opened and tabulated according to law with results as
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Andover to hereby accept the bids as shown to indicate
as being the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk
to enter into a contract with in the
amount of for construction of the
improvements; and direct the City Clerk to return to all bidders the
deposits made with their bids, except that the deposit of the
successful bidder and the next lowest bidder shall be retained until
the contract has been executed and bond requirements met.
MOTION seconded by Councilman
City Council at a
and adopted by the
Meeting this
day of
, 19 , with Councilmen
voting in favor of
voting
the resolution, and Councilmen
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
James E. Elling - Mayor
c:> ATTEST:
Victoria Volk - City Clerk
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
May 2, 1989
AGENDA SECTION
NO.
Non-Discussion Items
ORIGINATING DEPARTMENT
Engineering
1"'\
APPRq "'~ ~OR
AGENIA
\1
BY: ! J
ITEM
NO.
~v.
Award Bid/88-1/
Crosstown Bridge
BY: James E. Schrantz
v
The City Council is requested to approve the resolution awarding
to the lowest responsible bidder for the bridge construction on
Crosstown Boulevard.
This is part of the overall project that we're doing under the
Joint Powers Agreement with Anoka County from the Andover south
City limits to 139th Avenue, relocated County Road 18.
Bids will be received Friday, April 28, 1989 at 10:00 A.M.,
therefore, the bid recommendation will be provided to the Council
at the meeting on the 2nd.
o
MOTION BY
TO
COUNCIL ACTION
SECOND BY
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 88-1 FOR BRIDGE CONSTRUCTION IN THE AREA
OF RELOCATED CROSSTOWN BOULEVARD.
WHEREAS, pursuant to advertisement for bids as set out in
Council Resolution No. 058-89, dated April 4, 1989, bids were
received, opened and tabulated according to law with results as
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Andover to hereby accept the bids as shown to indicate
as being the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk
to enter into a contract with in the
amount of for construction of the
improvements; and direct the City Clerk to return to all bidders the
deposits made with their bids, except that the deposit of the
successful bidder and the next lowest bidder shall be retained until
the contract has been executed and bond requirements met.
MOTION seconded by Councilman
City Council at a
and adopted by the
Meeting this
day of
, 19 , with Councilmen
voting in favor of
voting
the resolution, and Councilmen
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
James E. Elling - Mayor
ATTEST:
Victoria Volk - City Clerk
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
May 2, 1989
ITEM
NO.
Receive Petition/
Smith's Green Acres
BY:
Todd J. Haas
AGENDA SECTION
NO.
Non-Discussion Items
ORIGINATING DEPARTMENT
Engineering
The City Council is requested to receive the petition and order
the preparation of a feasibility report for the improvement of
storm sewer.
The petition was sent to 4 of 6 lots on the north side of 141st
Lane NW. All 6 lots are built on.
staff talked with Bernice LeCuyer, the individual who circulated
the petition. She is concerned about the ditch in the rear yards
because she is saying she has no backyard. Other problems that
have ocurred are: people dumping garbage into the ditch, debris
filtering from the storm sewer pipe into the ditch, and children
playing in and around the storm sewer outlet. See attached map of
existing storm sewer.
Mrs. LeCuyer indicated to staff that she and her neighbo:s on
141st Lane are willing to pay for the extension of the plpe to the
end of Lot 6 if no other alternative can be reached to have lots
outside this development help pay for the pipe.
Also, Mrs. LeCuyer has indicated to staff that she would like to
do the extension of the pipe herself. Staff has told her "no"
because the City is concerned as to the bad soils in the ditch,
the type of pipe that would be used, the connections of the pipe,
the grade and size of the pipe, etc. The pipe is currently owned
and maintained by the City.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
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 STORM SEWER,
PROJECT NO. 89-14 IN THE SMITH'S GREEN ACRES AREA.
WHEREAS, the City Council has received a petition, dated
April 14, 1989, 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
and they are instructed to provide the City Council with a
feasibility report.
MOTION seconded by Councilman
and adopted by the City
Council at a
Meeting this
day of
,19_
voting in
with Councilmen
favor of the resolution, and Councilmen
voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael Knight - Acting Mayor
Victoria Volk - City Clerk
o
......."''''~...
_~.l~!.."...... ........1
.. :Y
CITY of ANDOVER
Date: ~.14; ICj'){1
No.
Gentlemen: .
We, the undersigned, owners of real property in the following described
area:
I
S m rH 5 (:; J2.EeN AC.R..E~
do hereby petition that said portion of said area be improved by
Construction of City :5+ofLM $EWEI!!-.
and that the cost of said improvement be assessed against the benefiting
property, as authorized by Chapter 429, Laws of Minnesota.
SIGNATURE OF OWNER
ADDRESS
LEGAL DESCRIPTION
YES
NO
x
o
This petition was cir~#d bY~/,,<':1 ~~
Address:C?J9/;J7- /ij/, ~tL- t:~t/~ cj
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