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HomeMy WebLinkAboutCC December 3, 1985 o o ..- CITY of ANDOVER REGULAR CITY COUNCIL MEETING - DECEMBER 3, 1985 - AGENDA 5. Non-Discussion Items a. Planning and zoning Commission/Interview Date b. Authorize Advertising/Park and Recreation Commission c. 6. Reports of Committees a. Personnel Cowmittee Report b. Martin Luther King Day/Delcare Holiday *c. Closed Meeting with Attorney 7. Approval of Minutes 8. Approval of Claims 9. Adjournment *Not on published agenda --o-~-- o CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Mayor and City Council City Clerk City Administrator November 27, 1985 What's Happening? -Happy Thanksgiving~ -November 29th is a holiday for Andover - Floater -December 3rd during the A.M., the Clerk/Treasurer applicants are visiting City Hall to briefly discuss the job and look at Andover. -I am meeting with Anoka County, Coon Rapids, along with Jim Johnson, TKDA's traffic engineer, to review Crooked Lake Boulevard relocation and 133rd Avenue as to the impact on Good Value's proposed plat. Good Value is reviewing their proposed plat with Crooked Lake relocated and 133rd Avenue. -December 5th the Lower Rum River Water Management Organization is interviewing consulting engineers. -December 9th is the special meeting to interview the Clerk/Treasurer applicants. We have cut the list to 5. I pulled out Hallman, the 'app1icant from northern Wisconsin - he was. oil my list. JES:vv o o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 PRO C LAM A T ION WHEREAS, THE WEEK OF DECEMBER 1 THROUGH DECEMBER 7, 1985 HAS BEEN DESIGNATED AS NATIONAL HOME CARE WEEK; AND WHEREAS, THE DELIVERY OF THE BEST QUALITY HEALTH CARE TO ALL CITIZENS IS THE FUNCTION OF THE HOME HEALTH CARE AGENCIES IN THE CITY OF ANDOVER; AND WHEREAS, THESE AGENCIES ARE ABLE TO PROVIDE A WIDE RANGE OF HEALTH AND SUPPORTIVE SERVICES WHICH EMPHASIZE THE DIGNITY AND INDEPENDENCE OF CITIZENS IN THEIR HOMES; AND WHEREAS) HOME HEALTH CARE IS RECOGNIZED AS AN. EFFECTIVE AND ECONOMICAL ALTERNATIVE TQ UNNECESSARY INSTITUTIONALIZATION; AND WHEREAS) THE CITY OF ANDOVER JOINS THE UNITED STATES CONGRESS IN PAYING TRIBUTE TO THE DEDICATED PEOPLE WHO SERVE THE ILL) RECUPERATING AND AGED CITIZENS IN OUR COMMUNITY. NOW, THEREFORE) BE IT RESOLVED THAT I, JERRY WINDSCHITL) MAYOR OF THE CITY OF ANDOVER) HEREBY PROCLAIM DECEMBER 1 THROUGH DECEMBER 7, 1985 AS NATIONAL HOME HEALTH CARE WEEK AND DO URGE THE CITIZENS OF THE CITY OF ANDOVER TO TAKE COGNIZANCE OF THIS EVENT AND TO PARTICIPATE FITTINGLY IN ITS OBSERVANCE, IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND CAUSED THE SEAL OF THE CITY OF ANDOVER TO BE AFFIXED THIS 3RD DAY OF DECEMBER ,1985. CITY OF ANDOVER JERRY WINDSCHITL - MAYOR ( SEAL) .' o o ..... . CITY OF ANDOVER REQUEST FOR COUNCil ACTION DATE NDA SECTION NO. Discussion ORIGINATING DEPARTMENT ark & Recreation ITEM Crooked Lake Warming NO. House Funding 4a BY: Vicki Vo1k Attached is the Park Commission's recommendation to fund the salary for the Crooked Lake School warming house attendant for a total not to exceed $2,500. COUNCIL ACTION MOTION BY TO: SECOND BY o o ) ... CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Mayor and City Council Administrator and City Clerk Park and Recreation Commission November 21, 1985 Crooked Lake Warming House and Red Oaks Park and 1986 Budget. The following motions were made at the November 21, 1985 meeting of the Park and Recreation Commission for your consideration: MOTION: by LeFebvre, seconded by Kinkade to accept the request by the Crooked Lake Advisory Council for the funding of salary for a warming house attendant at Crooked Lake School with the first payment to be allocated out of the 1986 budget - not te exceed $2500 total - and for future purposes to have this item budgeted each year. Motion carried unanimously. MOTION: by Kinkade, seconded by Strootman that it be understood that the City of Andover will water and groom the 2 rinks at Crooked Lake School and will budget $600 per year to pay for power to the hockey rink. Motion carried unanimously. MOTION: by Kinkade, seconded by LeFebvre that the City be responsible for cleaning (dredge) the pond at Red Oaks West park including those areas of debris on dry land from the 1983 storm. The Park and Recreation Commission recommends that the City Cou~cil approve cost of dredging the pond with th~ costs not to be included in the Park 860 budget. Motion carried unanimously. MOTION: by Kinkade, seconded by Strootman to allow $500D to be cut from the $60,DOO allocated for 1986 budget $530 upon request by the City Council for each department to cut $5000; therefore, the 1986 budget for Park and Recreation Commission #530 will be $55,000. Motion carried unanimously. . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ..0-.--.----.-----,.. .,,~ '-' o - _~,..C_;_i_c..;i,~;~ ,.,~,;;i..c--......'-'-~DAT~--..~-,_...- . ----'----'- ITEM NO. APPROVED ~R ACt" '" cr- . Roger Jung1en Lot Split 4b Engineering BY: This item has been continued from November 19th. COUNCIL ACTION SECOND BY MOTION BY TO: o e ~ '" '-- . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION NDA SECTION NO. Discussion BY: DATE Of<<ClNATINC DEPARTMENT APPROVED FOR ACENDA: ITEM Hunting Ord. Boundary NO. Change 4c Vicki Volk BY: Attached is a copy of the Firearms Ordinance (#62) with a map showing the boundaries for allowed and prohinited areas. The Council is requested to discuss the possible change of the boundary line. MOTION BY TO: SECOND BY o o '- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 62 AN ORDINANCE REGULATING THE DISCHARGE OF FIREARMS AND BOW & ARROWS WITH1N THE CITY OF ANDOVER AND REPEALING ORDINANCES 12, 12A, 12B and 12C. The City Council of the City of Andover hereby ordains: SECTION I DEFINITIONS: The following definitions shall apply in the interpretation and enforcement of this ordinance. a) RIFLE - a shoulder weapon with a rifled bored barrel and discharging a single shot or pellet at a time. b) SHOTGUN - a shou 1 der weapon with a smooth bored ba rre 1 or ba rre 1 s and norma lly discha~ging more than one pellet at a time, except when using a single saug. c) HANDGUN - a hand held weapon with a rifled barrel and discharging a single shot or pellet at a time. d) BOW & ARROWS - for the purpose of this ordinance to mean all long bows used for target and hunting purposes. e) FIREARMS - for the purpose of this ordinance this shall mean rifles, shotguns, handguns and pellet weapons, whether C02 or pneumatic powered. SECTI ON I I REGULATIONS: No person shall discharge at any time any firearm or bow and arrows upon or onto any lands within the City of Andover except as provided by this ordinance. a) No person shall discharge a firearm or bow and arrow within 500 feet of any residence. b) No person shall discharge a firearm or bow and arrow in the City of Andover except for the following conditions: 1) Landowners may discharge firearms or bow and arrows upon their property provided the property is 10 acres or more in size and the projectile cannot carry beyond the property lines. 2) Landowners may discharge a firearm upon their property for the purpose of slaughtering animals provided the property is 5 acres or more in size and the projectile cannot carry beyond the property line. 3) No person sha 11 discharge any fi rea rm or bow and arrow upon the property of another person in an ano~led area of 10 acres or more in size without written permission of the owner or lessee. 4) Recreational target shooting of firearms and bow and arrows in an allowed area of 10 acres or more in size shall be directed at a ta~get with a back- stop of sufficient strength and density to stop and control the projectile. o c) No person sha 11 di scharge any fi rearm or bow and arrows withi n the City of Andover shown on the attached map as "Prohibited District" except at authorized ranges. d) The provisions of this ordinance shall not apply to the discharge of firearms when done in the lawful defense of persons or property. No part of this ordinance is intended to abridge the constitutional right to keep and bear arms. SECTION I II PROHIBITED DISTRICT: The attached map shall become a part of this ordinance. SECTION IV PENALTY: Any person who violates any provlslon of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished according to prevailing State Laws. SECTION V VALIDITY: The val idity of any section, clause or phrases of this ordinance shall not affect the validity of any other part. Adopted by the City Council of the City of Andover this ~ day of September 1982. CITY OF ANDOVER (/ ATTEST:~), _ \ _ . ' ,-;>",-, '.1 \. -- ..........~ .-! --.... ',' '- ~atricia K. / I .-...,......-~. "', City Clerk o .. . '- '&'~",' 'I; i ' '~7'~ 21iAi i",/ ,i H iHhi. i i ~'ilj \l'rLi I l'li ~ I .~ ... ,-- t-' ..." ~: I r I ! ,- . 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CITY OF ANDOVER REQUEST FOR COUNCil ACTION SECTION OIUCeNATlNC DEPAll.TMfNT Zoning Administrator 4 ITEM NO- Curfew Discussion BY: d'Arcy Bosell d. OATE In your City Council packet you have received numerous petitions received at City Hall in regard to- the adoption of a Curfew Ordinance. Enclosed please find a proposed Curfew Ordinance for your consideration. Also enclosed please find a memorandum with regard to Section 4 Upon review of the same, please advise as 'to the steps to be taken, if any, to implement this Ordinance. COUNCIL ACTION MOTION BY TO: SECOND BY o o MEE'I'ING J J. - 3 - "lJ 5 AGEND,1\ ITEM :f:I:jJ . = CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Mayor and City Council Administrator and, ft;wney d'Arcy Bosel1 ~~ 26 November 1985 Proposed Curfew Ordinance Section 4, Curfew Procedures, 4.1 states: Any Police Officer or Sheriff's Deputy upon finding a minor in violation of this Ordinance shall notify... the juvenile authorities. I talked with Marlene Hale (422-7396) of the Probate Division in regard to the above section of our proposed Ordinance to ascertain what exactly would happen if a minor was picked up under this Ordinance. The procedure would be as follows: 1. The Officer would notify the Parents/Guardian 2. The Officer would complete a report (citation) 3. The Report is sent to the Corrections Department a. The Corrections Department monitors the reports. b. If there are frequent violations, an Informal Hearing is set with the parent(s)/guardian(s) and the Minor and an Intake Officer c. After three (3 ).. Informal Hearings, the matter is sent on to the Juvenile Court to be set on the calendar before a Judge d. The County Attorney drafts a Petition for violation of the Curfew tit is a Petty matter) This information is included only for your information so that you know "what happens if ..." o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. An ordinance establishing and setting a curfew for minors. The City Council does hereby ordain: Section 1. Definitions: 1.1 Curfew - a regulation enJolning the withdrawal of specified persons from the streets, avenues, parks and public property within the City of Andover at a stated hour. 1.2 Minor ~ a person who has not attained majority (age 18). Section 2. Regulations: 2.1 It shall be unlawful for any person under the age of 16 years. to be present on any public street, avenue, park or other public place in the City of Andover between the hours of: Sunday 9:30 pm through Monday 5:00 am Monday 9:30 pm through Tuesday 5:00 am Tuesday 9:3.0 pm '. through Wednesday 5:00 am Wednesday 9: 30. pm through Thursday 5:00 am Thursday 9:30 pm through Friday 5:00 am Friday 10:30 pm through Saturday 5:00 am Saturday 10:3Q pm through Sunday 5:00 am unless accompanied by a parent, guardian or person having lawful custody and control thereof, or unless there exists a reasonable necessity therefor. 2.2 It shall be unlawful for any person 16 years of age to be present on any public street, avenue, park or other public place in the City of Andover between the hours of: Sunday 10:30 pm through Monday 5:00 am Monday 10:30 pm through Tuesday 5:00 am Tuesday 10:3Q pm through Wednesday 5:00 am Wednesday 1.0: 30 pm through Thursday 5:00 am Thursday 10:30 pm through Friday 5:00 am Friday 11:30 pm through Saturday 5:00 am. Saturday 11:30 pm through Sunday 5:00 am o unless accompanied by a parent, guardian or person having lawful custody and control thereof, or unless there exists a reasonable necessity therefor. o o . to in 2.3 It shall be unlawful for any person 17 years of age be on any public street, avenue, park or other public place the City of Andover between the hours of: Sunday through Saturday 12:30 am and 5:00 am unless accompanied by a parent, guardian or person having lawful custody and control thereof, or unless there exists a reasonable necessity therefor. Section 3. Prima Facie Evidence 3.1 It shall be unlawful for any parent, guardian, or other person having the lawful care, custody, or control of any minor to allow or permit such minor to violate the provisions of this Ordinance. 3.2 The finding of any minor in violation of the curfew shall be prima facie evidence that a parent, guardian, or other person having lawful care, custody, or control allowed or permitted the violation. Section 4. Curfew Procedures: 4.1 Any Police Officer or Sheriff's Deputy upon finding a minor in violation of this Ordinance shall notify the parents, guardian, or person having custody or control of such minor, and the juvenile authorities. Section 5. Validity: 5.1 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining provisions of this Ordinance. Section 6. Effective Date: 6.1 This Ordinance shall take effect and be in force upon its passage and publication as required by law. Adopted by the Andover City Council on the 1986. .day of Jerry Windschit1 Mayor Marcella Peach City Clerk MEETING };J -3- :$S- AGENDA ITEM #U We, the undersigned, petition the City of Andover to adopt a curfew ordinance for persons under the age of 18. We believe a curfew would give the Sheriff's office an additional tool. to aid in law enforcement and would help reduce the number and cost of juvenile vandalism and property damage. o o l. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16 17. 18. 19. 20. 2l. 22. 23. 24. 25. 26. 27. 28. 29. 30. 3l. 32. 33. 34. . 35. "\ NAME J.th VoN.. ~ ADDRESS /~J)X b//lrJ ~v.:.I"{"YSi . iiJ~~1f~~) 14~ 1 J1.lrJJJr!/J1 3t.' D. 4) ,~'C:8 Il/,/b.- t?Aft. /7. U..J. 3 ic D 7 j LfLI ::U.- Cfu.e.. _ AI- u} < /135X' lLir., (iN) fll<ft."J'f. ICj3~/8 :~,{~L-r \'4 "3 S X' \..^N\('\.()A.'~...\~ X; /W(}/~." .] 62~. 14 r- L;/V i ,V ",J . /<II.{ :Lei La~c70" ~ !fAY ,. -::? () ) /""" v. vJ . We, the . undersigned, petition the City of Andover 'to adopt a curfew ordinance for persons under the age of 18. . We believe a curfew would give the Sheriff's office. an additional tool to aid in law enforcement and would help reduce the number and cost of juvenile vandalism and property damage. NAME 1. 4//~<<- 2. 3. 4. 5. 6. 7. 8. 9. 10. ll. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2l. 22. 23. 24. 25. 26. 27. 28. 29. 30. 3l. 32. 33. 34. . 35. o o ADDRESS. LY~d ~;c~d.#'d~:/~ , . o o We, the undersigned, petition the City of Andover to adopt a curfew ordinance for persons under the age of 18. We believe a curfew would give the Sheriff's office an additional tool to aid in law enforcement and would help reduce the number and cost of juvenile vandalism and property damage. 1 2. 3. 4. 5. 6. 7. 8. 9. 10. ll. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2l. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. . . 35. NAME ADDRESS ( 3 131 \~~ ~ /399'1 04~ 8-/.;UWa,~ ~ '-I \ 'l .\ '-/ U y..... Q..;. ..... Y\ w :;''1''-/]' /y'c/"#' /fu~ AJ.u1. ;1;(0 ~h :t;- IVW: 1- b ~ .f A,l.0 /~. is- (.,. .~~. :5 r. IJ./{), 3 '7. --. ... tV c3 f IC;o'fi uJ -2:i:i1 () ~ AJ W .5 S lJ 3 - / iJ-tJ 3S~1 l~. Lane A).w. I I.JrLfi. S!I v ~r5V _ ! !foffr 7' /'L-f/P/f<r.!> Y-;- / <Ie) '-/V S f'/v~1/ /MSY!:~~ It/&? 2-7.. . ~ liT V) L) s.' /.;.~ -,A r f- ;ct(jl:? S;!t/eroJ) l'(OO/~k j .~97 / S)/~.L';,T. /.Jqr,f,J S: I u ~l"~. .:;r ~~jf;; r:lJ:J.l~) j~'7.~. LJ'1___ ~'Yl.C0'< 3~gCj IJ1{l . z_i\J.~). 3Yly 1;;,f0~Lo.~rJ.tJ _ 31(' 6. ';~'tA~. t/~ I~<{~_ 3i.J.5/ /39'f11 ~. ;th.J sr.es-( 1""3~~ ~fJW 31&1 a/iJ?i tn /11/) .3YbY /..l7~ ..(,.,._~ #tJ We, the undersigned, petition the City of Andover to adopt a curfew ordinance for persons under the age of 18. We believe ac:urfew would. give the. Sheriff's office an additional tool to aid. in law enforcement and would help reduce the number and cost of juvenile vandalism and property damage. . , o o l. 2. 3. 4. 5. 6. 7. 8. 9. 10. ll. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. . 35. ADDRESS . ...... ... ... .74/.. . ~Y39-/37M' ~(lJ r- !.~9 4.77a}MdcJ(~ 3ti;;l, (~~~ }~~~ ~ ~J ~43q-/'j~Wt~~.......... · .. ~1:38' Ic37~. . . d'f31 I j7.bu cLJ-<YU ,q:() 11Zt~f7/Y/-j~H') c3LJ9D - )3q,1:);~ '-/I -3<-}9D - ;.Jq tic >fdAe. YJuJ We, the undersigned, petition thElCity of Andover to adopt a curfew ordinance for persons under the age of 18. We believe a curfew would give the Sheriff's office .an additional tool to aid in law enforcement and would help reduce the number and cost of juvenile vandalism and property damage. o NAME , , -,,1 ,/l' . 1:. j~ /' , /1 1.~/-ALeey 9' ( ahtV~<iA{(?/ 2\ /~/?c?~ 3. Qa;t 'tlA-<. rj~ #_ ;<J / / J 4'. 1,f.~.L-- ~ ,~, (~,~-_,/ -c C"" ~ 5. - . /~r: 7. 8. 9. 1 11. //" 12. / I '-' 13. 14. 15. 16. 17 18. ,i 19. 20. 21- 22. 23. 24. 25. 26. 27. 28. 29. 30. 31- o 32. 33. 34. . 35. ADDRESS ..., ---:>--:> /' /:););'7 Y J 3 5</7 . .. ? .' . /;A/'>'~LJt:t:JI:dJflJ1d~ 4"".";0 / '" K<.: ,5u/,?? /38",."7/ /(e,,,,../ )c,K<? . r? .. , ~/ / //'-? .Y')" :"/ '~_.t'/ :.;" .z..'''"i: .....-./.:." I :) g:>~5- gG,",,-~Q LI\I""C /fL (J D /1 ':::d/,- (., )~Slf'7 o o . . We{ the undersigned, petition the City of Andover to adopt a curfew ordinance for persons under the age of 18. We believe a curfew would give the. Sheriff's office an additional tool to aid in law enforcement and would help reduce the number and cost of juvenile vandalism and property damage. 1. 2. . 3. 4. 5. 6. 7. 8. ;; 1/( '^ flA~ ~ S1. /lNJ .I I // ,1 ,3 1~ IL/..~ f?D (W-{ ,y~ . / <Ie <J<l (~/d ~<7<C~>~ /0g1 1d6~~~ r , I, ~ !I_ I 't 2 t t L.. ;.-..-..U~ ~ ~~:;. ;~'(:~ ) f{/;2 "79 0 h-. I----.Q PI ;).~() VI'''' k.C;r.? / I / f;):;> c:J l/. "I rl:: ~1 f"" I V ,,'i) 'j ... /i , /~;/~ C=- 3 fcs- '. / ;,/ /-! v'f:.. ~v' ~ .C, . / ':II (c,/ ? ;/V{) /Vs.">~Av' /'l.../ ~ 3 7'16 ('1 r~ Au' . ,lUe0 -' '-t)S ~ . Um(lJ.,^vtk~fr t\I-::J i If )- ,v-q \'~'Y\(U~1,f- ^ j (,0 ~~~q ~2~1:jt~'A/ !A) I Y':;. 7 ~ () fidel( /,"(r SI /uU Ill,) b&lJJ~ 51,77. -p , /~I:)'J ?).,~. S~ /17./ , /1 !7c-:J /74 ) We,. ttu~undersi9ned', petition the Cityof Andover to adopt a curfew ordinance for persons under the. age of 18. We believe a curfew would give the Sheriff's office an additional tool' to aid in law enforcement and would help reduce the number and cost of juvenile vandalism and property damage. 1- 2. 3. 4. . \ " :: e ',3t:C~""\ ~~ 7. '. 1, .=~~~ ::J?~';;; '/ ,")h'^~-. 10. . };.t:# . 17 '~~:1<d' ~'P,- 1, ""- "1//'/" .)' . < /" '. ~~'" ":'./0./ .... {(r. .0./','(, ,/. _ if ',2. 13. 14. 15. 16. 17. 18. 19. 20. 2l. 22. 23. 24. 25. 26. 27. 28. 29. 30. 3l. 32. 33. 34. . 35. o c NAME ADDRESS ie-Ii .,',7 (;It,..{,~ ,V/'//L./ ,~/~,J.:'-i. '" ///c' t'~: t~V1~. ;Jr' #./l._>i!~(d1-4U.R"'-- - , ;:7~:Z 2;/~::; j ~:~~/ ~j~Z:/ jA./6~~&.. "~\~ ,'\,IJ'i -'~~\,- ~}v\.i\i-1-J:'- \ " r 14 (n, C. ,;J ,'::,-, I.J....)...J" / 17'';; Y C~~"" St. {JAjO ,\..:., LJi!oj~~ )6';;;~~~/At))t(;Ja;:/ ,-,- ',',' " ," ..-. /'. /- ,: i ., (i ! 'i (i ,~...-r- )/ V 'vI- (J~</......_ " ...-:-<.'...... ....;.c .'.;' - /....... -~.....' /". ,. A I '. " ': r~[ <" /ft~/~j. I 1.,.../ . " "'-~-u" ;(<...." L" <'::""\J ( We, the undersigl"led~ petition the City of Andover to adopt a curfew ordinance for persons under the age of 18. We believe a curfew would give. the Sheriff's office an additional tool to aid in law enfo,.c~ment; and would help reduce the number and cost of juvenile vandalism and property damage.. . . , . o l. 2. 3. 4. 5. 6. 7. 8. 9. 10. ll. 12. 13. 14."1 15. 16. 17. 18. 19. 20. 2l. 22. 23. 24. 25. 26. 27. 28. 29. 30. 3l. 32. 33. 34. . 35. o / / / NAME ADDRESS / cJfJoG VIAJ~GS7 IJ/.,Q ;J;1 ~{~~ 37nf I'I'('~~'/i,%> .. 57/( -,'is- ~ ~. ~. 3723 (((Silt. I1lh>fU~ J ~7 :)1 ((S tit A J/E. )Jf.J- <-3 7..39 Iys ~ /;~ '. I /....... c _ - _ - --. / '1'i/c; fI//J/"Jj': Pblfd 4/.W- . I </<;/P 7 / .a~" <...1-/. h-..{;... > LL/.~~& (v~h '/l/,tJi /'-/ '1"10 Ii!~>l~" 1srAl.h1. F/3r/.? ~ .)/, lq /JkJdq W~ ~ A./ v) /i]119 /1) cnrrJJ A~~ .~~ AJ.tJ. . ~ ~ ~\(\~ ~D.\'), I'-IS').,3 7th- ,Y]. ~f1. NJZiJ WOO~~A/e. sr r:; i 1./.3 2. 'i Wo 0 ;'" <. s:+ f . .3 Cc;9 - / V .........,#113 /II,.W. ..11.5.5-/<;3 . ~'/7.~ I L{~ 11 )(eM fA- ~Sf N. CJ \L\-::<"~ \~\c}'-0""""<: ~.. Vs\;0 ?G.o7'- /2!.:J-dk;.uQ, /V.t// ~ ~le: KEY __ or t: KC LI ST AME CARROLL AND SUE ABBOTT cTOH~~ A~,lD BARB HO,^IARD GAF,Y AI'-lD t'1AR I E LENZI'1E I EF; CLYDE AND SUE BADE BILL AND SHIRLEY LEFEBVRE STP)E AND MARY MI LLER BILL AND LITAHNI COLEMAN STEVE AND BETTY NOKK DARRELL AND c1ot'-lI SPAETH CATHY' AND ~1ICHAEL NIZNICK JEANETTE AND ROGER SCHAUER Craig and Mary Liet3k~ Mik~ and Bev Knight Tim and Kim Dalbec L i :.a and Dav i d Rc.we cTa.nette Niema.nn Jack and Linda Merda /athy and Larry McAlpine ~ale and Gail G.erd~s Sandy and Gene Stroins~ i Jerry and Marilyn ~yding Stuart and Karen Kincade Gee.r.gia. and Dona.ld G~,"",dr.ik Ceei 1. and D.c<le :':.. ",...ie t Da.l e and Ka ther' I ne l:.dl '.'r.d Sh i r 1 e :,' Ap 0 1 1 0 Bruce & Joan Ferrario Clark & Sus.c<n COY G 1 e:.r. i a. & Car. 1 Bo:.:.."" 'm."n Gr'e tchen S.c<.be 1 ADDRESS 2<;'17 142 LN Nt,) 2B24 142 LN Nl..) 2'7'0 t: 141 A'.JE Nt,) 14406 I,)!NTAGE 14278 UNDERCLIFF 14001 SILVEROD :::046 16BTH LAt~E 28'57 167TH LANE 14~.41 GUARAI'~ I ST. 14007 QUINN ST. N 3'7'61 S. EI'-lCHANTED 14001 P",.r.tr'idge 4611 175th Ln 1'~v.J 2955 142nd Ln NW 1707::: E ide 1 ""e is:. 2421 179th Ave NW 35<;'5 143d A',Je N!J) 13868 (,)oodb i n e 1853 Andover 81vd 13616 Heather St 2032 159th Ln NW 13781 Quay St. NW 16382 Ward Lake D 16279 Cr'o<E:.~.toIAln 1 ~,957 Xe fl i ~. 2775 172nd Aue NW 2211 139th Aue NW 13848 Ouinn St.NW 14013 Yukon St N. 3~,4(l 153r'd Al.)l? Page CITY PHONE NUMBER SECTIOI') ------------ ------------ -------- ANDOVER, MN 757-3475 Y4 ANDO()EF.: , ~1~'.J 757,-"-7"4"73 Y'j AI"~DOVEF.: . MN 7~,7-62<;'2 "{2 ANDOI)ER, ~1~~ 427-370 '7' 81 AI'-lDOVER, MN 427-2841 8'-' ,-'- ANDOVER, "'I~,J 427-5847 p'" AI'..JDO'JE F; , MN 753-471 1 Gl ANDOl,)ER, MN 753-32:30 Gl AI'WOI)ER, MN 427-7307 B4 AI',JDO")EF.: MN 755-89'7'2 '..~' c:: . l...f AI'~DO'.)EF; , MN 427-E:51 1 F: ! An dOl.} e- r l"lN 757-2979 '..,'c , 1._' An dOl.) €' [, , MI'~ 421-~'::::'47 F:;:' An de.',' er' . MN 757-1 237 'f - An do'.! e r. ,. MN 753-41 2~' b ~~,' Andover, MN 753-2749 G:::: Ar,do....er. , MI'.J 427-6818 EO':' Andover' , "'IN 427-0346 8h Ando'..!er' , l1N 7~,7-5~,O.t.; " .' Andover ~1N 421-931 <= y , ,-J An dOl.) E' r. , 11N 434-6334 (...4 Ando'.'er' , ~11"J 427-0638 1<'; An dOl;) €' f' , t"lI'.j 434-648:3 '-'.", Arrdo')er' ~11'J 434-501'::' c.,~. Ar. do'" e r. 1"11'~ 421-00$',~ i:.' , An do~' e r. . "'In 7~13~46~'~5 .. Andover- 1"'ln 75~1-747~~. -;L , Ando')l:?f , ~"In 757-(Iq4.f: An dOl) t? f' '''In 7~,5-1 (i~\'7' ::1 Andover Ivln 427-55"<::~ These are areas where the Key Communicator Crime Watch l?rogram has been instituted. o 4.4.;....... ., , . CITY OF ANDOVER , '. .'. REQUEST FOR' COUNCII~ ACTION _.:~O~"-~.i;,-.:,,-<~;...,,,,,~.:~;.;:'c~.,~~~~~._ ~~."c:.c'...."____....__,__;:j.._ ',' ;~;;;;f;~~')":'i7;:d,.i.;..;.;i:":;;;^ 1"1:"':;"":::': ...,,-'~;:' '.' '. . . . L....,.',. SECTION ORlGINA TINe DEPARTMENT NO. Discussion Planning and Zoning ITEM Prairie Oaks Pre. Plat NO. 4e BY: Vicki Vo1k MOTION by Apel, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City Council approval of the preliminary plat of Prairie Oaks, being developed by Gene Bak and Bob Grover, legally described as 'The North 660 feet of the Southeast Quarter of the Northeast Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota, except the North 300 feet of the East 400 feet thereof', with a variance being granted for the length of the cul-de-sac pursuant to Ordinance 10, Section 9.03G. Also, that a variance be granted for Lot 3, Block 1 for the 300 feet at the setback line. In the case of the lot, the 300 feet is measured 105 feet back. This is 65 feet more than is required in Ordinance 10, Section 8.03 G and Ordinance 8, Section 6.02; Both variances are for topographical purposes. As a note, the Park Board has reviewed this plat and has decided to accept cash in lieu of land per their memo of October 15, 1985. Approval is recommended for the following reasons: 1) It conforms to the Comprehensive Plan; 2) It does not adversely affect the surrounding area; 3} It does not adversely affect traffic patterns in the area. --'~'-The Ci-t:y'Engineer has reviewed-~nd-commented-on--'Lhep1at--- -.c and. changes he has recommended have. beentakenc' care of by the developer. Motion carried unanimously. COUNCil ACTION o MOTION BY TO: SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA --0------- ---.--...-----.---. - MOTION by Councilman NO. to adopt the following: A RESOLUTION APPROVING THE PRELHIINARY PLAT OF PRAIRIE OAKS AS BEING DEVELOPED BY ROBERT GROVER AND GENE BAK IN SECTION 23-32-24. WHEREAS, pursuant to published notice thereof, the Planning and Zoning Commission has conducted a public hearing on the Preliminary Plat of Prairie Oaks; and WHEREAS, as a result of such hearing and review, the Planning and Zoning Commission is recommending approval of such Plat, citing as reasons for such recommendation as being 1) it conforms to the Compre- hensive Plan; 2) it does not adversely affect the surrounding area; and 3) it does not adversely affect traffic patterns in the area; and WHEREAS, the City Council acknowledges that a recommendation has been received from the Park Board for cash in lieu of land; and WHEREAS, the City Council is in agreement with the reasons given by the Planning and Zoning Commission; and WHEREAS, the City Council further acknowledges that the plat has been reviewed by the City Engineer and the Andover Review C0111ffiittee. City of 'Oaks, NOW, THEREFORE, BE IT RESOLVED by the City Council of the Andover to hereby approve the Preliminary Plat of prairie noting the following variances: 1. 154th Lane shall exceed the allowable length for a cul-de-sac. 2. Lot 3, Block 1 shall have the lot width measured 105 feet back rather than 40 feet. MOTION seconded by Councilman and adopted by the City Council at a Meeting this day of 19 , with Councilmen voting in favor of said resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER o ATTEST: Jerry Windschi tl - ~layor Marcella Peach ~ City Clerk ~ 01 ANDOVER . . ,___~____-c.~__....___.~__~_________..__. PRELIMINARY PLAT APPLICATION Street Location of Property: l1;Avv Pra; ri e Road Legal Description of Property: The North 660 Feet of thp SOllthpil"t Qllilrt~r nf th~ North- east Quarter of Section 23. Township 32. Range ?4. Anokil r.ollnty. r1inn~<:nt;" ~vr~rt the North 300 feet of the East 400 feet thereof. Property Owner: Bob Grover and Gene Bilk r./D / Kopplin-F~~ Phone: Address: (See Below) Applicant Bob Gnover and Gene Bak Phone: 7gh 0600 Address: 8729 Central Ave I'IE . B1i'Iinp, Hn 1)1)414 Description of Request: Pl at. Approva 1 Rezoning Request .Required: Yes NO-1L Explain Fee-//~?.3 /' -r-3at1.t1(J ...4-L~ <.,......) "Date" Paia: /o---;';-8S Receipt No: / 'lQI/d (Date) /t>hPS-- . o -0---.---.------- CITY OF ANDOVER COUNTY OF ANOKA -STATEOFHMINNESOTA NOTICE OF PUBLIC HEARING The City of Andover Planning and Zoning Commission will hold a public hearing at 7:30 P.M., Tuesday, October 22, 1985 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, l''lN to consider the preliminary plat known as Prairie Oaks, being developed by Gene Bak and Bob Grover. Said property is legally described as 'The North 660 feet of the Southeast Quarter of the Northeast Quarter of Section 33, Township 32,_ Range 24, Anoka County, Minnesota. Except the North 300.00 feet of the East 400.00 feet thereof'. (Approximate location is Prairie Road and County Road 18) All opponents and proponents of said preliminary plat will be heard at the above time and location. -,-"7 . ~" . I C\h...uj.--~( . f c-(./ L- Marcel Peach, A. City Clerk o ..0. Property Owners vlithin 350 'of Prairie Oaks ----..-..-- -'--'Bernard' Grande 13128 Baltimore Street Blaine, MN 55434 ------.------_.~~--------------------,----_.-._------- N.E. Mike Kelner 15478 Prairie Andover, MN Road 55304 Dorthea Raiche 60 - 18th Avenue N.E. Minneapolis, MN 55418 Gordon Nordeen 15357 Prairie Road N.W. Andover, MN 55304 John M. Kuen 15540 Priaire Andover, MN Road N.W. 55304 Wayne Reed 968 Crosstown Andover, MN Boulevard 55304 Sophie Kozlowski 1021 Crosstown Boulevard N.W. Andover, MN 55304 John Baily 15380 Prairie Andover, MN Road N.W. 55304 o o-H-~~vlA ~'-D_QVER____~","c Request For Planning Commission Actiol1 Andover R~view Co~ittee I 62 By: James E. Schrantz Approved By: Meeting Date: October 22nd Time: 7: 30 P. H. Case: Prairie Oaks Preliminary Plat Location: 154th and Prairie Road Applicant: Bob Grover & Gene Bak Attachments: Request: The Planning Commission is requested to review and make a recommendation to the City Council on the preliminary plat for Prairie Oaks. The Andover Reyiew Committee has reviewed the preliminary plat and offer the following comments: General Comments: OStreet access to Prairie Road is adequate. OThe cul-de-sac exceeds the 500' length (950'). OAccess to the adjoining properties was investigated. This can be reviewed with P&Z if desired. Variance for cul-de-sac seems preferable. 01 recommend the public hearing be continued after the public testimony is received until the soils, grading, water table and pond areas and elevation information_is received for staff review. . __._._..___..__....._.___..~n.._'_ . ___ oPark Board's recommendation will be determined at the October 17th Park Board meeting. The following comments are per the Planning Commission checklist for Ordinance 10. NOTE: Comments are on items of information and concern only. This review was made without soil borings, drainage calculations, ponding elevations and grading plan. o 8.02 8.03 8.04 9.01 9.04 9.05 9.06 o JES:vv a. prairie Oaks b. Bak & Grover f. 9/27/85 Existing Conditions a. Boundary line survey not tied to nearest 1/4 section. j. The soils as shown on the map in ti1e "Soil Survey of Anoka County" are Sarte11 fine sand development group #1 - soils that are suitable for development and Lino Loamy Sand development Group #3 on part of Lot 6. Group 3 soils are severely limited for Community development because the percolation rates are too slow for a septic tank absorption field to function properly. Water table report not received - mottled water level required. Design Features a. 157th Lane OK c. Street grades flat for bituminous berm. d. Overall grading plan not provided. f. Pond size and elevation on lot 4 not provided g. Side and rear setbacks not shown h. Watershed approval needed. Additional Information f. 100 year flood elevation of pond lot 4 needed. General Requirements a. Local street - low density - 24' bituminous with berm as shown is city standard. Easements a. Drainage and utility easements on lot lines not shown. Blocks a. Cul-de-sac exceeds 500 feet - needs variance. Lots a.3. 39,000 square feet of land 6.5' above the permanent or seasonal high water table (Ordinance 37). .~~~~oI:A NPJ)''lER_ Request For Planning Commission Andover Revie By, Approved By: Action Meeting Date: Time' 7: 30 P. M. Case: Prairie Oaks Preliminary Plat Location: Applicant: Bob Grover/Gene Bak Attachments: Request: Additional comments to request for action dated 10/22/85. The following comments are since we have had soil, water table, grading and ponding elevation information available. General Comments: OLot width at setback on cul-de-sac lots need to be addressed. 01 have asked the developer's engineer to use 1% as minimum grade on the street. OWe have asked that the plan show the lowest floor elevation on each lot. OMott1ed water table is needed for basement elevation - the water table elevations are close per the developer's engineer. He is ..nn~_.__documenting.. that information.. CC: Developer o . e e . CITY OF ANDOVER REOUEST FOR COUNCIL ACTION DATE DA SECTION NO. Discussion ORIGINATING DEPARTMENT Planning & Zoning APPROVED fOR ^C'NO/~ BV/V - ITEM Creek ridge Estates Pre. Plat NO. Vo1k MOTION by Bosell, seconded by Rogers that the Andover Planning and Zoning Commission recommend to the City Council approval of the preliminary plat of Creekridge Estates being developed by Carlson-Dropps Associates, legally described as 'Part of Government Lot 5 and part of the Northeast Quarter of the Southeast Quarter of Section 29, Township 32, Range 24, and part of the Southwest Quarter of the Northwest Quarter and part of the Northwest Quarter of the Southwest Quarter of Section. 28, Township 32, Range 24, Anoka County County, Minnesota',' noting the following: 1. This plat has been reviewed by the City Engineer. Corrections have been made and the plat is now in conformance with the engineering requests. 2. The plat has gone before the Park Commission and, their recommendation has ~een received. 3. A public hearing was held in regard to this plat for informational purposes. 4. The plat is in conformance with the Comprehensive Plan of the City of Andover and does not violate the intent and philosophy of that plan. 5. It should be further noted that this plat will be done in two parts - Phase I and Phase II. In Phase II, there are some technical details that need to be straight- ened out in regard to the drainage. 6. In Phase II, the lots on Round Lake Boulevard and the north side of South Coon Creek Drive. will not be allowed to front on those streets, but will front on interior streets. COUNCIL ACTION BY SECOND BY o Creekridge Estates Page 2 7. It should be further noted that in Phase II, Block 4 on the south side of South Coon Creek Drive shall be provided with extra. driveway space to al1ow'for additional parking as no parking is allowed on an MSA street.. Motion carried unanimously. o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. MOTION by Councilman to adopt the following: A RESOLUTION APPROVING THE PRELIMINARY PLAT OF CREEKRIDGE ESTATES AS BEING DEVELOPED BY CARLSQN, DROPPS ASSOCIATES IN SECTION 29-]2-24. WHEREAS, pursuant to published notice thereof, the Planning and Zoning Commission has conducted a public hearing on the Preliminary Plat of Creekridge Estates; and \'lHEREAS, as a result of such hearing and review, the Planning and zoning Commission is recommending approval of such plat, citing as reasons for such recommendation as being 1) the plat is in conformance with the Comprehensive Plan of the City of Andover and does not violate the intent and philosophy of that plan; and WHEREAS, the City Council acknowledges that a recommendation has been received from the l:'ark Board for dedication of land plus cash; and WHEREAS, the City Council is in agreement with the reasons given by the Planning and zoning Commission; and WHEREAS, the City Council further acknowledges that the plat has been reviewed by the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Preliminary Plat of Creekridge' Estates, noting the following: 1. This plat will be done in two parts-Phase I and Phase II. Phase II will require some technical details to be worked out in regard to drainage. 2. The lots on Eound Lake B.oulevard and the north. side of South Coon Creek Drive will front on interior streets. 3. B.lock 4 in phase II shall be provided with extra driveway space to allow for additional parking as no parking is allowed on an MSA street. MOTION seconded by Councilman and adopted by the City Council at a Meeting this day of 19 ,with Councilmen voting in favor of the resolution, and Council- men voting against, whereupon ATTEST: Jerry Winds chi tl. - Mayor . Marcella Peach ~ C1ty Clerk o o . &:ut 01 ANDOVER PRELIMINARY PLAT APPLICATION Street Location of Property: Legal Description of property: Property OWner: Carlson. j)r'o~~<:; a'leJ Aq<:.~.ocl;1tr>':~ Phone: 7'Y;-121:'; Address: 7"''l10].j (JpntTal lIVe. "'rid]"..', .1:" ')::,iU~ Applicant Jichard ;~'.,Carlso11 Phone: 73'0-1 ;21<; Address:_:J...'J:_~1 ~.Ji:i Cpnrr;ll' nve. :,-'ridle'.T. ::;,( 'SI,';;l32 Description of Request: tu r. f y/'-' . , .4. &'Y~<>-Vl Rezoning Request Required: Yes NO~ Explain ., Fee: r .so () Date Paid: Ie - .; - S <S. Receipt No: I '7.2 'i 6, of Property Owner) \ \:) - .~.~ ~..:,\ (Date) o o CITY 0F ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Andover Planning and Zoning Commission will hold a public hearing at 7:30 P.M., Tuesday, October 22, 1985 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Hinnesota to consider the preliminary plat known as Creekridge Estates, being developed by Carlson, Dropps Associates. Said property is legally described as 'Part of Government Lot 5 and part of the Northeast Quarter of the Southeast Quarter of Section 29, Township 32, Range 24, and part of .the Southwest Quarter of the Northwest Quarter and part of the Northwest Quarter of the Southwest Quarter of Section 28, Township 32, Range 24, Anoka County, ~innesota. All opponents and proponents of said preliminary plat will be heard at the above time and location. -, \\ \. '\ \ " j t \.1..(,:-, i., '--,.--..<\\... ~ '--..:.- l'1arce,lla Peach, A. City Clerk L___. PROPERTY OWNERS - CREEKRIDGE ESTATES o Rosella Sonsteby 4151 - 141st Avenue N.W. Andover, MN 55304 Steven & Judy Taylor 14535 Round Lake Boulevard N.W. Andover, MN 55304 Thomas McClusky 14545 Round Lake Boulevard N.W. Andover, MN 55304 Marion L. O'Neill 14555 ~ound Lake Boulevard N.W. Andover, MN 55304 Emma S. Allen 10633 Direct Drive Coon Rapids, MN 55433 John E. Blumer 14554 Round Lake Boulevard N.W. Andover, MN 55304 Anoka County Parks Department 550 Bunker Lake- Boulevard N.W. Ahdover, MN 55304 Blanche Gallant 7720 York Avenue South Edina, MN 55435 Marvin & Lois Benson 14817 Round Lake BOulevard N.W. Andover, MN 55304 Anoka County 3~5 East Main Street Anoka, MN 55303 Lawrence E. Vaske 14208 - 96th Street N.E. Elk River, tiN 55330 Jay R. Seidenkranz 3400 South Coon Creek Drive Andover, MN 55304 o Ronailid Hoch 3426 South Coon Creek Drive Andover, MN 55304 Leonard. & B. J. Chr istenson 3419 South Coon Creek Drive Andover, HN 55304 Joyce AnD Palm 3425 South Coon Creek Drive Andover, mn 55304 James R. Horris 3437 South Coon Creek Drive Andover, MN 55304 B. Kirchner 639 Monroe Street Anoka, i1N 55303 Lowell Lumpkin 3455 South Coon Creek Drive Andover, MN 55304 Diane M. Kirchner 14509 Round Lake Boulevard N.W. Andover, MN 55304 Archie Kirchner 3436 South Coon Creek Drive Andover, MN 55304 Kenneth Nordstrom 14521 Round Lake Boulevard Andover, MN 55304 George Adolfson 3331 Bunker Lake Boulevard N.W. Andover, MN 55304 Wallace Johnson 3061 ~ 142nd Lane N.W. Andover, MN 55304 Philip Rzeszutek 14242 Ivywood Street N.W. Andover, MN 55304 S.I. Birkedal 3045 - 142nd Lane N.W. Andover, MN 55304 Daniel Schmid 3035 - 142nd Lane N.W. Andover, MN 55304 e o Creekridge Estates, Cant. Stephen J. Brandjord 3025 - 142nd Lane N.W. Andover, HN 55304 Charles P. Fields 2963 South Coon Creek Drive Andover, HN 55304 John R. Hibbard 3015 - 142nd Lane N.W. AndoVer, MN 55304 Kadlec Construction 16970 Crocus Street N.W. Andover, r4N 55304 Lawrence TO Lauer 100~ - 142nd Lane N.W. Andover, ~lN 55304 Donald Bengry 14249 Quay Street N.W. Andover, MN 55304 Timothy & Kimberly Dalbec 3955 - 142nd Lane N.W. Andover, MN 55304 John Ryhn 2949- 142nd Andover, MN Lane N.W. 55304 Richard Pasche 2950 - 142nd Lane N.W. Andover, MN 55304 Scott Bayer 2642 Benjamin Street N.E. Minneapolis, MN 55418 Richard Albertson 3030 - 142nd Lane N.W. Andover, MN 55304 Lynn Kalahar 3014 - 142nd Lane N.W. Andover, MN 55304 Richard J. Krusemark 2990 South Coon Creek Drive Andover, MN 55304 John Tregner 702 Cornell ViII. Park, IL 60181 Wesley Spadgenske 2934 South Coon Creek Drive Andover, MN 55304 Jarnes E. Fields 2923 South Coon Creek Drive Andover, NN 55304 o In/lnl,,r; City of Andover County of Anokll 11\135 crosstown slvd. N. I.. Andover, Minnesota 55304 Andover Planning CO'1cerninlS Creekridl!;e Estates I a~ against developing property next to my land for Houses. I am on the west side of said proiect The site across Round Lake Road is to low. The sewer line coming to this area is too small. If you huild It should he a minimum of 2~ acres or more. When we have a Dry year the peat underground Fires are so bad and this proiect is right around them. Retter hold development to south of Coon Creek Creek Drive. Kenneth Nordstrom 14521 Round Lake Blvd. Anoka, Minn. 55304 o o COUNTY OF MFt:'TW; . . ..' .... ... .' ........ , '. ..,-~"~- /?-jYS- . .ID' jT"" . .--________ .n -.~:,J'IJ' ~-~ ",;2-. ~. ----------- ANOKA Department of lIigl/lvays Paul K. Ruud. Highway Engineer COURT HOUSE ANOKA, MINNESOTA 55303 612-421-4760 November 7, 1985 1 City of Andover 1685 Crosstown Boulevard NW Anoka, MN. 55304 Attention: Jim Schrantz Regarding: Preliminary Plat of Creekridge Estates Alternate Plan Dear Jim: We have reviewed the Preliminary Plat for Creekridge Estates located on Round Lake Boulevard/County State Aid Highway No.9 and Ker~y Street in Andover. Right-of-way along the County Highway is acceptable as shown. A City Street intersection to CSAH 9 also will be acceptable as Shown. Right of access to CSAH NO.9 from all individual lots adjacent to it, should be dedicated to Anoka County on the Plat. All lots have frontage on the Ci ty Streets and should have no need for access directly to the County Highway. If you should have any qudstions or comments, please feel free to contact me. Sincerely, >>~ftJ~-J~~~ William A. Sironen, r.E. Assistant County Enginner - Administration dmh' o AHirmati\le Action / Equal Opportunity Employer o -l ~. c1 AN DOVER Request For Planning Commission Action ;i::~d~;~' c.=~~:::.z f ~ Meeting Date: October 22nd Time: 7:30 P.H. Case: CreekRidge Estates Preliminary Plat Location: SOuth Coon Creek Drive Applicant: Ca.rlson Dropps & Associates Attachments: Request: The Planning Commission is requested to review and make a recommendation to the City Council on the preliminary plat for CreekRidge Estates. The Andover Review Committee has reviewed the preliminary plat and offer the following comments: General Comments: OSoils, water table elevation and percolation tests haven't been received. OWater table and flood elevations are critical to this plat. 0100 year flood elevation from the Federal Flood Plain report is 867. Lowest floor elevation is 868. OBasement floor must be 3' above water table. 039,000 s.f. must be 6.5 feet above the permanent or seasonal high water level per ordinance 37. OSouth Coon Creek Drive is a MSA 32' wide street with "No Parking" with 15 lots fronting. OWe have looked at Kerry Street an& Jonquil Street continuing straight south with si~e lots on South Coon Creek Drive. OThe sanitary sewer comes out of the existing ground at the north end of Jonquil Street (I have never laid sewer on fill). o oA 10' hole is to be excavated in the back yards of Block 2 for fill. OWatershed approval needed. ophaseI lots 2 and 5 don't meet 300' width at setback. o o Estates OWater table real critical to Phase I OLot 1, Phase I most of the 39,000 s.f. is in the front yard setback. OCoon Creek Hydrologic and Hydraulic Study has a 100 year flood elevation of 869.4. Request that the public hearing be continued until the ARC has a chance to review the plat considering the soils, water table (mottled), and percolation test. JES.: vv o ~-oi_ANDOVER Request For Planning Action Andover Review By, Approved By: Time: 7:30 P.M Case: CreekRidge Estates Loc at ion: South Coon Creek Drive/Round Lake Boulevard Applicant: Carlson, Dropps and Assoc. Attachments: Request: Additional comments to request for action dated 10/22/85 The following comments are since we have soil and water table information available. General Comments: OThe high ground part of Phase II has been revised. This new overlay 1) saves more trees along South Coon Creek Drive on. the north side, 2) eliminates a lot of the fill needed at the north end of the plat, whi..::h in turn eliminates the deep hole proposed in the back lots on previous plan, 3) the sanitary sewer is eliminated on the north end and large lots without public sewer are proposed. These lots may have city water, and 4) butt lots eliminated. OWhat size should the unsewered lots in Phase II be? .0Planning Commission should review the grading plan at the meeting to get a feeling of the effect of grading on these lots. 6Anoka County doesn't have a preliminary plat. at this writing (11/7/85) . o 01 am still hoping the developer can save more trees on the proposed lots south of Sout:l Coon Creek Drive and west of the creek. 6House elevations need to be shown. OLots 2, 3, 4 and 5, Phas.:- I are OK Creek Ridge O Page 2 ------- Estates _._-_._._-~------~----- .. OLots 1 and 2 need 39,000 s.f. graded to 871.4. OTest hole #5 on Lot 19, Phase II, originally submitted shows 2 feet of sand over 5 feet of peat. This indicates that more investigation is needed along the east line of Phase II. The sand over the peat was caused by wind and rain erosion over the years. It is very important that the boundary of the peat is found so houses are not built over the peat. OThe grading plan first submitted grades the lots in Block 4 and will eliminate most of the oak trees on Lots 1, 2, 3, 4, and 7. Lots 5 and 6 are higher lots. OThe soils on Block 4 are very loose to loose and moist whereas the soils on the higher ground are damp to moist and loose to medium dense. OThe soils report was done by Subterranean Engineering Corporation and it is a real soi~s report. Well done. JES:vv - ,. '- .0.. .- -. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION -_.__._~....,.-_._............---- ~. DATE NDA SECTION NO. Discussion ORlCINATlNG DEPARTMENT City Attorney IT(M Bingo & Gambling Ord. NO. BY: Vicki Vo1k 4 Attached is a letter from Bill Hawkins regarding the Bingo Ordinance and the Gambling Ordinance. Also attached is a draft ordinance repealing these two ordinances if the Council feels they are not necessary. --------------------.-- --" --- ---.. COUNCIL ACTION MOTION BY TO: SECOND BY .-- --.----------.-- ------------ BY: I I , I '"1 I , I I . __. --.-----! , . --.......----------.---.--.... .-------------- o o CITY OF ANDOVER -COUNTY OF.ANOKA------- STATE OF MINNESOTA ORDINANCE NO. 74 AN ORDINANCE REPEALING ORDINANCE NO. 39, KNOWN AS THE BINGO ORDINANCE, AND ORDINANCE NO. 65, KNOWN AS THE GAMBLING ORDINANCE. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 39, known as the Bingo Ordinance, and Ordinance No. 65, known as the Gambling Ordinance, are hereby repealed in their entirety. Adopted by the City Council this day of 1985. CITY OF ANDOVER ATTEST: Jerry Windschit1 - Mayor Marcella Peach - City Clerk . LAW OFFtCES OF MITrING /,t-.3 - ? S- AGENDA ITEM #: 'f1J/ . .~ ~ O---,-,,",-Burklllltd JlllwKiltS 299 COON RAPIDS BOULEVARD JOHN P-01. BURKE WILLIAM G. HAWKINS BARRY M. ROBINSON COON RAPIDS. MINNESOTA 55433 PHONE 1612) 784-2998 November 18, 1985 ~s. Marcella Peach Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 Re: Ordinance No. 39 - Bingo Ordinance Ordinance No. 65 - Gambling Ordinance Dear ''iarcie: Pursuant to the request of the City I have reviewed the neces- sity for modification of Ordinance Nos. 39 and 65 in relation- ship to the recent changes adopted by the State and establish- ment of the State Charitable Gambling Board. Under 1'linnesota Statute 3~9.213 a statutory city has the authority to adopt more stringent regulations of any form of lawful gambling within its jurisdiction including the prohibi- tion of any form of lawful gamb1 ing. Furthermore the City has the right to require a permit for the conduct of gambling which is exempt from licensing by the State Board. The present exemp- tions whereby a state license is not needed are bingo events in connection with a county fair or civic celebration if not con- ducted for more than twelve consecutive days or by any organiza- tion which conducts four or fewer bingo occasions in the calendar year. Raffles are exempt if the value of the raffle prizes in one year does not exceed $750.00. Unless the City Council feels it wants to regulate gamb1ing--'events-cOt'--impos~ more str ingent.. regu1-ations-, I need for the existence of either Ordinance- Nos. 39 or 65. exempt see no Even with no such ordinance in effect, the State statute pro- vides that the Charitable Gambling Board must submit to the City for its review and approval licenses issued within the municipal boundaries. Accordingly we will still have some minor degree of control over these activities. Would you please present this to the City Council for their review and opinion. o ~~11J' .will iam G. Hawk ins WGH:mk , CITY OF ANDOVER o REOUEST FOR COUNCIL ACTION OAT( SECTION Discussion NO. BY: ORIGINATING DEPARTMENT Engineering Shore land Mgmt. Ordinance 4h Attached is a letter from Molly CorreaU of the DNR regarding the Shoreland Management Ordinance. The concerns they have are: 1) We define the shore land district as of the 1000 feet which is. required. mandates that 1000 feet be used. 300 feet instead Legislation 2) WPC-40 is not referenced in the shore land ordinance. We feel Crooked Lake and Round Lake are unique and fall under DNR flexibility in negotiating ordinance standards as discussed in the Mayor I s letter dated 8/7/85. I I __ _m _ ! , COUNCIL ACTION ,',0'''' MOTION BY TO: SECOND BY , o o MEETINGJJ- 3- oS- AGENDA ITEM # 4h ~ STATE OF [NJ [NJ[~ ~ @ 1Y~ ... · DEPARTMENT OF NATURAL RESOURCES PHONE NO. 296-7523 November 13, 1985 The Honorable Jerry Windschitl Andover City Hall 1685 Crosstown Boulevard N.W. Anoka, Minnesota 55303 Re: Shoreland Management Ordinance Adoption Dear Mayor Windschitl: It was recently brought to ll1~r attention that there is one significant change in the ordinance draft which I received in March 1985 and the draft received September 9, 1985. The most recent draft defines the Shoreland district as 300 feet instead of the 1000 feet which is statuatorily required. I am enclosing a copy of the enabling legislation which quite specifically defines the district as 1000 feet and precludes any flexibility in negotiating lesser distances. There is some flexibility in working our specific zoning provisions for areas beyond the riparian tier if the city so desires. I was not able to find in your sewage treatment ordinance 4137 a reference to. having adopted Pollution Control Agency (PCA) standards except in the provisions for allowing alternative systems. Does the city have some specific reasons for not referencing PCA standards (WPC-40) in their shoreland ordinance? Of particular concern to us is the lack of a requirement that there be a 3 foot separation of septic systems frol'J groundwater or bedrock. In order for your ordinance to meet state standards, you must reference PCA standards or have equivalent standards which PCA should evaluate for compliance. A possible solution to differences in your dimensional standards compared to state standards might be to reclassify all of the Natural Environment Wetlands to General Development. You already have larger lot sizes so if you wish to downgrade the other standards (setback, frontage) we would be amenable to such an approach. Since all of the basins in the unsewered area are wetlands with the same classification, it makes more sense to have only one set of standards. 1', There are no time limit commitments in the statutes for DNR approval of a draft ordinance. I have been processing the information which I receive from the city in a timely manner. Please be reminded that you were first contacted in August 1983 and we received the draft ordinance in March of 1985. I then requested justification for the proposed standards in April, May and July which were received on September 9th. This letter represents the concerns/deficiencies from the regional and central office review. AN EQUAL OPPORTUNITY EMPLOYER ~@ , o The Honorable Jerry Windschitl Page Two November 13, 1985 I would be happy to meet with you, the Planning Committee or the City Council to resolve these remaining issues towards the ultimate goal of approving your ordinance. Please contact me at 296-7523 at your convenience. Sincerely, -\\O\\'-y \Jc~o..",- Molly Co\1eau Area Hydrologist dv Enclosure cc: Steve Prestin, Shoreland Management Section Don Jacobson, Planning Commission Jim Schrantz, City Administrator o 105.485 DIVISION OF WATERS, SOILS AND MINERALS 2114 History: 1974 c 558s 7; 1978 c 726 s 1 1050485 REGULATION OF SHORELAND DEVELOPMENT. Subdivision 1. Purpose. In furtherance of the policies declared in section 105.38, and chapter 116, it is in the interest of the public health, safety. and welfare to provide guidance for the wise development of shorelands of public waters and thus preserve and enhance the quality of surface waters, preserve the economic and natural environmental values of shore lands. and provide for the wise utilization of water and related land resources of the state. Subd. 2. Definitions. For the purposes of this section the terms defined in this section have the meanings given them: (a) "Shoreland" means land located within the following distances from the ordinary high water elevation of public waters: (1) Land within 1,000 feet from the normal high watermark of a lake, pond, or flowage; and (2) land within 300 feet of a river or stream or the land- ward side of flood plain delineated by ordinance on such a river or stream. whichever is greater. (b) "Unincorporated area" means the area outside a city. (c) "Municipality" means a city. Subd. 3. Commissioner's duties. Before April 1. 1974. the commissioner of natural resources shall promulgate, in the manner provided in chapter 15, model standards and criteria, other than a model ordinance, for the subdivision. use, and development of shoreland in municipalities. which standards and criteria shall include but not be limited to those listed below in regard to unincorporated areas. Before July I, 1970, the commissioner of natural resources shall promul- gate, in the manner provided in chapter IS, model standards and criteria for the subdivision, use, and development of shoreland in unincorporated areas. includ- ing but not limited to the following: (a) The area of a lot and length of water frontage suitable for a building site; (b) the placement of structures in relation to shorelines 'and roads; (c) the placement and construction of sanitary and waste disposal facilities; (d) designation of types of land uses; (e) changes in bottom contours of adjacent public waters; (f) preservation of natural shore lands through the restriction of land uses; (g) variances from the minimum standards and criteria; and (h) amodel ordinance. The following agencies shall provide such information and advice as may be necessary to the preparation of the rules and regulations, or amendments thereto: The state departments of agriculture. economic development, and health; the state planning agency; the pollution con- trol agency; the state soil and water conservation board; and the Minnesota his- torical society. In addition to other requirements of chapter 15. the model staw dards and ordinance promulgated pursuant to this section, or amendments thereto, shall not be filed with the secretary of state unless approved by tbe state commissioner of health and the director of the pollution control agency. Subd. 4. Failure of county toael; commissioner's duties; enforcement. If a county fails to adopt a shoreland conservation ordinance by July I, 1972, or if the commissioner of natural resources, at any time after July 1. 1972. after notice and hearing as provided in section 105.44, finds that a county has adopted a shore land conservation ordinance which fails to meet the minimum standards established pursuant to this section, the commissioner. shall adapt the model ordinance to the county. The commissioner shall hold at least one public hearing on the proposed ordinance in the manner provided in section 394.26, after giving notice as provided in section 394.26. This ordinance is effective for tbe county on the date and in accordance with such regulations relating to compli- ance as the commissioner shall prescribe. The ordinance shall be enforced IS provided in se.ction 394.37. The penalties provided in section 394.37, apply to violations of the ordinance so adapted by the commissioner. Subd. 5. Costs. The cost incurred by the commissioner in adapting tbe model ordinance to the county pursuant to subdivision 4 shall be paid by the o 2114 section ty, and i public ,'rve the for the fined in located f public a lake, .1e land~ stream, ~ a city. ioner of ;. model on, use, criteria rporated promul- i for the . includ- ,)f water relation ~ary and anges in lore lands .tandards provide the rules ~iculture , tion con- ~sota his- Idel stan- :ndments d by the :<:ncy. .lent. If a 172, or if ;72. after , adopted standards he model ic hearing .26. after e for the o compli- .forced as apply to ,pting the .id by the o 2115 DMSION OF WATERS, SOILS AND MINERALS 105.485 county upon the submission to the county of an itemized statement of these costs by the commissioner. If the county fails to pay these costs within 90 days after the commissioner's statement is received, the commissioner may file a copy of t~e statement of these costs with the county auditor of the county for collec- tion by special tax levy. The county auditor, upon receiving a statement from the commissioner, shall include the amount of the state's claim in the tax levy for general revenue purposes of the county. This additional tax shall be levied in excess of any limitation as to rate. or amount, but shall not cause the amount of other taxes which are subject to any limitation to be. reduced in any amount whatsoever. Upon completion of the tax settlement following this levy, the county treasurer shall remit the amount due to the state to the commissioner for deposit in the state treasury. Subd. 6. Municipal shoreIand management. Before April 1, 1974, each municipality having shoreland within its corporate limits shall submit to the com- missioner, for his review, any ordinances, rules, or regulations affecting the use and development of its shorelands. The commissioner shall review the ordi- nances, rules, or regulations and determine whether they are in substantial com- pliance with municipal shoreland management standards and criteria promul- gated pursuant to subdivision 3. In making his review the commissioner also shall consider any feature unique to the municipal shore land in question, includ- ing but not limited to the characteristics of the waters which may be affected by development, storm sewer facilities, and sanitary and waste disposal facilities in existence at the time of the commissioner's review. If the commissioner deter- mines that the ordinances, rules, or regulations of a municipality do not substan- tially comply with the state standards and criteria for municipal shoreland man- agement, he shall so notify the municipality and shall indicate to the municipal- ity the changes which are necessary to bring the ordinances, rules, or regulations into substantial compliance with state standards and criteria. Within one year after receiving this notice from the commissioner, the municipality shall make the changes necessary to bring the ordinances, rules, or regulations into substan- tial compliance with state standards and criteria. If a municipality has no ordi- nance, rule, or regulation affecting the use and development of shoreland on April 1, 1974, it shall adopt such an ordinance, rule, or regulation complying with state standards and criteria for municipal shore land management, before July 1, 1975. If (a) a municipality has no ordinance, rule, or regulation affecting the use and development of shoreland on April 1, 1974, and fails to adopt such an ordinance by July 1, 1975, or if (b) the corporate boundaries of the munici- pality are expanded to include shore lands not previously included within the municipal boundaries and the municipality fails to adopt such an ordinance within one year after including the shorelands within its municipal boundaries, or if (c) the commissioner determines that a municipal shore land management ordinance does not substantially comply with the state standards and criteria for municipal shoreland management and that the municipality has failed to make the necessary changes within one year after receiving notice of noncompliance, the commissioner may adopt an ordinance, rules, or regulations for the munici- pality in the following manner. The commissioner shall hold at least one public hearing on the proposed ordinance, rules, or regulations in the manner provided in section 462.357, after giving notice as provided in section 462.357. The ordi- nance, rules, or regulations are effective for the municipality on the date and in accordance with such regulations relating to compliance as the commissioner shall prescribe. The ordinance shall be enforced as provided in section 462.362. The penalties provided in section 462.362 apply to violations of the ordinances, rules, or regulations adopted for the municipality by the commissioner. The costs incurred by the commissioner in adopting the ordinances, rules, or regula.- tions for the municipality shall be paid by the municipality and collected from 105.49 DIVISION OF WATERS, SOILS AND MINERALS 2116 the municipality in the same manner as such costs arc paid by a county and col- lected from a county pursuant to subdivision 5; and any tax levied to pa\' the costs shall be levied in excess of any limitation as to rate or amount. but' shall not cause the amount of other taxes which arc subject to anv limitation to be reduced in any amount whatsoever. . . Subd. 7. Municipal use of land other than shoreland. Municipal planning and land use controls for land other than shore land in the vicinity of shoreland shall be, to the maximum extent practical, compatible with planning and land use controls for shoreland adopted pursuant to subdivision 6. Subd. 8. Extent of authority of municipality. Nothing in Laws 1973. Chap- ter 379 shall be construed to prohibit a municipality from adopting and enforcine ordinances, rules, or regulations affecting the use and development of shorcland which are more restrictive than the state standards and criteria. History: 1969 c 777 s 1; 1969 c 1129 art 3 s 1; 1973 c 123 artS s 7; 1973 c 379 s 1-3,5; 1975 c 271 s 6; 1976 c 149 s 59; 1977 c 305 s 45 105.49 COOPERATION WITH OTHER AGENCIES. The commissioner may cooperate and enter into agreements with the United States government, any department of the state of Minnesota. or any state or country adjacent to the state of Minnesota for the purpose of effecting any of the provisions of sections 105.37 to 105.55. He may cooperate with any department of the government of the United States in the execution of surveys within the state. Personnel of the pollution control agency, the health department. and county and municipal governments shall cooperate with the commissioner in monitoring and enforcing water permits. It shall be the duty of all county attor- neys, sheriffs, and other peace officers and other officers having authority to take all action to the extent of their authority, respectively, that may be neces- sary or proper for the enforcement of any of the provisions, regulations. stan- dards, orders, or permits specified in sections 105.37 to 105.55. History: 1947 c 142 s 13; 1974 c 558 s 6 105.50 COMMISSIONER TO APPEAR FOR STATE. The commissioner may appear, represent and act for the state in any matter relating to any application to be made to the federal government relating to waters within the state or the use thereof; and he may do and perform such acts in connection therewith as he deems proper to protect the interests of the people of the state consistent with the provisions of sections 105.37 to 105.55. History: 1947 c 142 s 14 105.51 WELLS; CONTROL, REPORTS BY DRILLERS. Subdivision I. For the conservation of the underground water supplies of the state, the commissioner is authorized to require the owners of wells. espe- cially flowing artesian wells, to prevent waste. Subd. 2. Every person, firm or corporation who shall provide the means of appropriating ground water by drilling, boring, or otherwise shall file a verified statement with the director of the division of waters containing the log of the materials and water encountered in connection therewith. together with all water pumping tests relating thereto. Such statements shall be. confidential and be used. only by the division for scientific study, the result of which may be public infot' mation. The commissioner may exclude from the requirement to file such state- ments those whose operations are of a type which would not yield significant scientific information. -. o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 August 7, 1985 Ms. Molly Comeau Rivers Hydrologist Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 Dear Ms. Comeau: At the Andover City Council meeting of August 6, the Council approved and passed the attached Shoreland Management Ordinance, complying with State Statute. In your letter to the City of May 8, you indicate that your concerns over earlier drafts of the Oridnance have been addressed, with the exception of lot sizes and setbacks in two areas (Crooked Lake and Round Lake). The Council has considered your comments but feels there is a unique situation in the sewered areas around these two lakes, and therefore requests that the Department of Natural Resources concur with the Ordinance as passed. The justification of lesser lot sizes and setbacks in these two areas is the fact that shore land around these two lakes in the sewered areas is totally developed. The land has been platted and, almost without exception, houses have been built on the lots. Since there is no 6pportunity to plat additional lots in these areas, an~ since home construction has already taken place, the Council feels the lot areas and setbacks as setout in the attached Drdinanceare a reflection of the situation as it exists. Since additional platting 1S 1mposS1 e,and development has reached its maximum, the Council feels the modification of the suggested DNR lot size recommendations is reasonable and proper. Please note that in the unsewered area north of Round Lake lot sizes are 2.5 acres and your setbacks and lot sizes are met or exceeded. o I trust that the Council's reasoning for adopting lesser standards than you suggest for these two limited areas are sufficient for the DNR to approve the Ordinance as passed. Sincerely yours, OF ANDOVER , ~~;,J-Otfl:L #_ rry ~~C~:tl, Mayor ~ V' t\.J "l \2;~ 'e, o o PHONE NO. 296-7523 ) ~~TrnT~@IY~ wt,""OEPARTMENT OF 1200 \~arner Road, St. NATURAL RESOURCES Paul, r.~innesota 55106 FilE NO. HUNICIPALITIES ADOPTING SHO,RELAND f.1ANAGE.lENT ~OL~ TllRU: Kent Lokkesrnoe, Regional Hydrologist Metro Region Division of Waters ~.{P 'i'O: .._.~-;..,--._--- FRO~: , Area Hydrologist Metro Region Division of Waters RE- DNR FLEXIBILITY IN NEGOTIATING SHORELI'~\l!) ORDINANCE STA:mAIlDS As discussed at our January 21, 1983 Advisory C02mittee meeting, this memorandum is a discussion of DNR flexibility t,hen working with munici- ralities in develoring shoreland management ordinances_ Minnesota Statutes, Chapter 105.485, Subdivision 6 requires the DNR to evaluate local ordinances, rules, or regulations and determine whether they are in substantial comrliance with state standards and criteria. The statute soes on to require the DNR to consider any unique feature of the municipal shorelands in existence; (i.e. characteristics of the waters which may be affected by develorment, storm sewers, sanitary and t.}aste disposal facilities). In determining the substantial compliance, the D~R has three basic areas of flexibility under the ~Statewide Standards and Criteria for the Management of Municipal Shoreland Areas of Minnesota," (Ninn. Regs. NR 82-84, hereafter referred to as the "Municipal Regs."). These three areas are: determination of shoreland classifications; deter~ination of a shoreland district; and zon- ing and dimensional standards. Determination of Shoreland Classifications: Under current procedures, the DNR makes a rreliminary determination of the appropriate shoreland classifi- cations of the ba5ins identified in a city (Natur~l Environmen~t Rec!eetion~l De-"elopr.lent, General Development) ba3ed on crit'eria ser-forth in DNR "Supple- physical characteristics of the basi~. This data and preli~inary classifica- tions ace submitted to the city foe review and co:nment (see NR 82(f) (3), pages ]-4 of the Municipal Regs.). ^s the Municipal Regs. outline, the DNR may only consider classification changes tlhen officially 'requested by the city with s~lp;Jortinq data. This supporting data should follow the same format as used by the DNR in making the preliminary classification decision (see SuP?lementary Report No.1). Surporting data could include official stormwater management rlansjcontrols, watershed management programs, public ownership of land, exist- ing development (both riparian to the basin and non-riparian within 100 feet), and officially adorted erosionj3edimentation controls_ AN EOUAL OPPORTUNITY EMPLOYER , o The Municipal Regs. also give flexibility to the DNR in amending, modifying, or expanding the classification to provide specialized regulations based upon unique characteristics and capabilities of any protected water (5) (see NR 82 (f)(5), page 5 of the Municipal Regs.). lie have applied this approach in the City of Maplewood's shore land controls wherein the city proposed a five classi- fication system rather than the normal DNR three classification (NE, RD and GD) approach. Again; the city would be required to demonstrate, with supporting data, unique characteristics or circumstances which warrant considering appli- cation of this system. Determination of aShoreland District: The municipal shore land legislation specifically defines the shore land as land within 1000 feet from.theOrdinary High Water Mark of a lake, pond, or flowage and land within 300 feet of a river or stream or the landward extent of the flood plain delineated by ordinance on such a river or stream, whichever is greater (see Minnesota statutes B 105.485, Subdivision 2). The Municipal Regs. give the DNR flexibility to allow a lesse~ limit for shoreland only "whenever the waters involved are bounded by topo- graphic divides which extend landward from the Ordinary High \iaterMark for lesser distances", The Municipal Regs. also give DNR the approval/disapproval authority in such cases--see definition of Shoreland, NR 82(d), page 3 of the Municipal Regs. In practical terms,.the DNR can consider reducing the shoreland district only when an area is outside of the la~e's watershed; i.e. the area cannot drain directly or indirectly to the basin. To support such a consideration from the DNR, communities are normally required to submit stormwater management or city drainage plans and reports. Zoninq and Dimensional Standards: The Municipal Regs. give the DNR flexibility in considering zoning and dimensional standards for shore land areas under MinQ. Regs. NR 83(c) (5) which states: "Municipalities may, under special circumstances and with the Commissioner's approval, adopt shoreland management ordinances which are not in strict conformity with NR 83 (cl "Zoning Pro- visions" provided that the proposed ordinance is based upon individual public water capabilities and that the purposes of Minnesota Statutes 1974, Section 105.485 are satisfied." The DNR--.s flexibility is---restricte(j""to-conslde'i'lng" alternative zoninq stan"da."r:ds- ---. referenced wichi:n NR 63((;). Therefure, a city cuuld prupuse alternative s1:an-u:=--- ards for the following: o 1) Minimum lot size and width 2) Structure setbacks from protected waters 3) Structure setbacks from roads and highways 4) Maximum structure height 5) Maximum percentage of impervious surface(s) on a lot 6) Placement of roads and parking areas 7) Regulation of shorcland alterations (vegetation removal and grading/filling) o The statement in the Municipal Regs. clearly requires that exceptions to the "Zoning provisions" of NR 83(c) only be considered by the DNRwhere the municipality demonstrates the following justification: That special circumstances exist; that the proposed ordinance is based UpOn individual protected water capabilities, and; that the purposes of Minnesota Statutes, Section 105.485 are satisfied. This informa tionand justification normally includes a detailed analysis of the following: 1) land. use plans for shorelands of each individual protected water, 2) existing and proposed stormwater management practices which will affect a protected water, 3) existing problems or situations contributing to the water quality of a protected water (erosion, feedlot runoff, industrial runoff, etc.), 4) public/private permanent open space use of shoreland for each protected water, 5) water surface use or public access regulation of pro- tectedwaters, 6) existing ordinances restricting development in areas of excessive slope, restrictive soils, etc. The city, in all cases, must provide the effort in compiling, organJ.zJ.ng, and preparing the city's statement of justification. This need not always be provided in lengthy written documents; DNR staff have worked with city staff in meetings to evaluate such justifications for exceptions. A brief wri.tten documentation is necessary in all cases--especially to summarize and conclude relevant data. Summary: In the seven county metropolitan area, the diversity of the communities and their shore land areas necessitates individual examination to determine appropriate shoreland regulations. This individualized exam- ination requires a great deal of cooperation and initiative by both DNR and cities.. Any questions regarding the discussion presented herein should be directed to either John Stine or David Leuthe (296-7523). CC: Ron Harnack, LUMS ch o , . ! / ! I _ ~._ ....__ -- --- -1-/'-rT~- I ' o :! --- "----. ~", ,','~"'" n", 'tEl;:! 1_____ I , I';' 'lZi<:.. "/f-V ' <l;. , I I ',.~. ~'" '",,, -a: !!;:~ (,yj.CL11 ' '''- - - ..... .~. - "... "-'" 1-:____ ___~--- ~ Lr ~- I I I .1....____ ----.f.- I I I I . I 1 I -I I ...J -- T I I -- -- , I I I I I - - ....f-- I I I I H .4-~ ~ t I~ ~. IQ;: ~ ~ ~ ~ 'f-->-_~.. 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'" .., ... 0 . '." ~ ~ ON:!" ;.-' ~......,. , , . ~l' .. .. " " _ -lI . II I i '~/)''''''"-'.,;;;- I[ .~, I- ~ d.i a:}. i. .~' I .. <0 _ U C I. II:r " 1;l- ...'. ~*, ... ,7, ~ ~! ' 'i ~'" ~ oolf II I !, - :".... " ':. ~ ~ I .... ell 1-: -+ - ,. ~:' '. ~ ;:; 8 ~I ~ ~-7 -,-".. j- -[. '@lr.:j N . II" ., ~'JI ,T . I cr"\I~ '"'- IC I... :~ :};. ':;,'-I\I:~ _ ~('""r~t 4 11:- t-~ .. ~ ,- I--- f--ll ~ I , - --j- I ! -c: --c- -c \- -'- I >--.1 .-,..-.1 -<l: _ ~:I:. _ In .' ! II i-J '" tft ?i? "- \ t ~.t<J.. T ~r4_ i'i~ ~lhU ~0mT ~.~> '. " . It--r:~<,>-"'<I / I I Lu > '- I~. 1/ :X'( . "'II ~U?,. II I)}< '" .~ .'. - ,,":" ,:,-;.-"~ ..r"-> . ! i o ~,~. ,1..-:::.' l ./ Ie' ;; J~\ o o Ocu o " . CITY OF REQUEST FOR COUNCIL ACTION h -_' -'. '. ~-_-._.'--~-~~' ._~ -.;..-'." . -~-,.~<~:..~.~._--:. '.:,;;.;;....s.~J~.,~)::.:,,::.:, '~'.<>~'- .t~...::,~-:,:~~:::.J:;;/;~jli;i-i/:~iS~;:/;:{ ,. .' D....TE . '.' NO.... SECTION NO. Discussion ORIGIN....TING DEP....RTMENT ITEM Red Oaks Pond/Cleaning 4i NO. Engineering BY: James E. Schrantz MOTION BY TO: The Council is requested to consider cleaning Red Oaks (West) pond. The neighbors in the area have requested the city clean the pond as debris seems to be coming to the surface from the '83 storm. The people have kids cut by nails and glass. We estimate the cost to dredge is from $1,000 to $2,000 for rental equipment plus the city costs to haul and dispose of the excavated material. COUNCIL ACTION SECOND BY 4 '- CITY of ANDOVER --0 . MEMORANDUM . TO: Mayor and City Council COPIES TO: Administrator and City Clerk FROM: Park and Recreation Commission DATE: November 21, 1985 REFERENCE: Crooked Lake Warminq House and Red Oaks Park and 1986 Budget The following motions were made at the November 21, 1985 meeting of the Park and Recreation Commission for your consideration: MOTION: by LeFebvre, seconded by Kinkade to accept the request by the Crooked Lake Advisory Council for the funding of salary for a warming house attendant at Crooked Lake School with the first payment to be allocated out of the 1986 budget - not te exceed $2500 total - and for future purposes to have this item budgeted each year. Motion carried unanimously. MOTION: by Kinkade, seconded by Strootman that it be understood that the City of Andover will water and groom the 2 rinks at Crooked Lake School and will budget $600 per year to pay for power to the hockey rink. Motion carried unanimously. MOTION: by Kinkade, seconded by LeFebvre that the City be responsible for cleaning (dredge) the pond at Red Oaks West park including_...t.h.o5-~_ar.ea~_Ldebris on dry 1ang frQm the_n__ ----.- ----- 1983 storm. The Park and Recreation Commission recommends that the City Council approve cost of dredging the pond with the costs"' not to be included in the Park 860 budget. Motion carried unanimously.. o MOTION: by Kinkade, seconded by Strootman to allow $5000 to be cut from the $60,000 allocated for 1986 budget $530 upon request by the City Council for each department to cut $5000; therefore, the 1986 budget for Park and Recreation Commission #530 will be $55,000. Motion carried unanimously. o o ; . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE NDA SECTION NO. Discussion ORlCINATING OEPARTMENT fOR ITEM Hearing Examiner/Ord. #72 NO. BY: d'Arcy Bosel1 4j Attached is a letter from the City of Coon Rapids in regard to the hiring of a Hearing Examiner. This letter sets out the details in regard to time and reimbursement, etc. Mr. Beck is employed by the State of Minnesota as a Hearing Examiner and has been hired by Coon Rapids as a consultant. Since we have one matter pending which may require a Hearing Examiner, it would be wise to make a decision as soon as possible. COUNCIL ACTION MOTION BY TO: SECOND BY -0.. . - - - ...:>'~-. ..._~.-...~,.::..-,-.~~:::,;...,,;,:,.,,~.._-:.;~:.;~~._' '- _.~.. ----_._-'..~.:....-. August 14, 1985 Mr. George A. Beck 400 Summit Bank Building 310 Fourth Avenue South Minneapolis, Minnesota 55415 Dear Mr. Beck: This will confirm the City's offer and your acceptance of the position of Hearing Examiner for the City of Coon Rapids. The rate of pay for your services will be $50.00 per hour, payable upon your submitting work tickets to my office. As we discussed, your work will generally be on an ad hoc basis for three to six months, after which time we may wish to generate a written contract for ser- vices. Your first hearing date will be September 10. 1985. at 9:00 a.m., at the Council Chambers here at Coon Rapids City Hall. You are requested to execute final drafts of decisions and send them to Cheryl Bennett for delivery to the parties. If you had retained tapes of hearings, we would want them returned as well when your decisions are entered. Please con- tact Ms. Bennett if you have any procedural questions. Her number is 755-2880, extension 222. Enclosed for your reference is a copy of Chapter 8-1100, which defines your position and duties. Ms. Bennett will be able to provide you with ordinances dealing with specific code violations as the need arises. Because you are an independent contractor with the City of Coon Rapids, the City contemplates that your decisions will be within the procedural and substantive requirements of the Code and Minnesota law, and be fair to all parties involved. The City of Coon Rapids is pleased to have a person of your caliber and experience as the arbiter in its nuisance abatement program. Your involvement -in that program as it continues to d~velop will be greatly appreciated. Very truly yours, o Douglas L. Johnson Assistant City Attorney ja cc: Robert Thistle Alden Hofstedt / Cheryl Bennett V 1313 COON RAPJDS BOULEVARD, COON RAPIDS, MINNESOTA 55433-5397 (6121755-2880 o o ,CITY OF ANDOVER REQUEST FOR COUNCIL ACTION OA SECTION ORIGINATING DEPARTMENT ,. NO. Non-Discussion ITEM P& Z Commission NO. BY: Vicki Volk 5a DATE APPROVED/f\.. R AGEN VU BY: The terms of the following Planning and Zoning Commissioners will expire on December 31, 1985: Don Jacobson d'Arcy Bosell Beverley Jovanovich Glen Rogers All have expressed a desire to remain on the Commission for another term. Steven Ward has resigned from the Planning Commission effective immediately. Because of Steve leaving and the previous resignation of Don Spotts, the Planning Commission needs two Commissioners. COUNCIL ACTION MOTION BY TO: BY ... .... .0 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION NDA SECTtON NO. Reports of Corrnnissions ITEM Personnel Cormri.ttee Report NO~ 6a & b Personnel corrroittee Vicki volk DATE Attached are the Personnel eommi ttee I srecornrreIldations for e 1986 salary increases which will bring all job classifications into confonnance with the comparable worth requirerrents. Also attached are revisions in the .Administrative Policy. Only those policies requiring changes, Council discussion or a new policy are attached. Deletions in the policy are shown with. a dotted line through them; additions are underlined and items requiring Council discussion are marked in blue. The only new policy is No. 14 - Drug and Alcohol Abuse. COUNCI L ACTION MOTION BY TO: SECOND BY I I .----- .- .. --. ... .---. --.-. ! , I I I -.--.-------------- , , I I r I I ! I I. I i I , --..--.-----.-- . .---_._._-----------_.__._.._-----~--_._--~-- o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION --..--------- DATE NDA SECTION No.. . . Reports of COIlIllllsslons OR/GINA TINe DEPARTMENT Accounting ITEM NO. 6a BY: . Vicki Attached is revised page 1 of the above agenda item. 'Ihe hourly rates on the original Il)aterial you received were figured using 2080 hours for 1986. 'Ihere are actually 2088 hours in 1986. I I I I I 1 . I I , I I , I I ___._________._______________.._______._____ J --- COUNCIL ACTION ' MOTION BY TO: SECOND BY . * W & & ~ i (f.l j31. b ~ g< tJ Y ~ 0 ~ ~. 0 I--' ~ lil g. rtrt I--' ~ f-'. lli ~~ PJ 11 CD i ~ f-'. 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'0 g. g. g. g. g. lil I--' I--' .~ CD ~ ~ I--' I--' i-' i-' i-' ~ ~ ~ . f-" 1-" f-'. f-'. f-" 0 0 0 0 0 ~ I tJ .~ .~ @ @ .@ H ~. rt f-" H 5' I!:! ~ ~ 0 ~ ~ ~ ~ f-'. f-'. I!:! H ~ OJ OJ ::J >-3 OJ en OJ OJ OJ rt rt 0 OJ ~@ * i-' '@ H H H H (f.l CD ~ H H H ~ ~ 0 H 8" ~ * ~ 11 0 f-" f-" OJ OJ g rr ~ g o o PERSONNEL COMMI'ITEE The Personnel Corrmittee recommends the following action be taken to conform to the comparable worth requirements. Shirley Clinton's salary be raised $384 to equate her to Public Works II classification using the following formula: Accounting Clerk's Points (143t Public Works II Points (146)- Difference $17,9.82 18,685 $ .703 143 points ~ 146 points = 97.95% 97.95% of $18,685 = $384 or $.18/hr. New salary should be $18,301.95. Lola Lindquist's salary be raised $1,052 per year to equate her to Public Works III classification using the following formula. Clerk-Typist Points (120) Public Works III Points (1191 Difference $13,630 14,560 $ 930 119 points + 120 points = 100.84% 100.84% of $14,560 = $1,052 or $.50/hr. New salary should be $14,682 The budget allocated 5% increase; the Council approved an increase of 4%. The aITDunt left over from the 4% increase is $2,136. If the Personnel Committee recommendations are adopted, the following is requested: Shirley Clinton adjustment Lola Lindquist adjustment Subtotal Budget Balance Left Over $384 $1,052 $1,436- $2,136 $ 700 $700 ~ 11 employees = $63.63 per year ~2- o POLICY NO. l. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. ADMINISTRATIVE POLICIES INDEX Vacations * Hiring of Relatives Sick Leave * Leaves of. Absence Conflict of Interest Jury Duty Tuition Aid * Seminars, Conferences, Workshops, Schools* Holidays * Affirmative Action Mileage Reimburserrent* overtine * Disciplinary Action Consumption of Alcohol & Mood Altering Chemicals * *Indicates a change, a need for Council discussion, or a new policy. o POLICY NO.1 - VACATIONS o 1. POLICY It shall be the policy of the City of Andover to provide paid vacations for use on' a regular basis to all * permanent employees in accordance with the provisions in this policy. II. PROVISIONS A. Errployees shall accumulate vacation on the following basis: SERVICE VACATION ELIGIBILITY During 1st year through 5th During the 6th year During the 7th year During the 8th year During the 9th year During. the 10th through 15th During the 16th year and each year thereafter 6.66 hours each IIDnth 7.33 hours each IIDnth 8.00 hours each month 8.66 hourseachFIIDnth 9.33 . hours each;;IIDilth 10.00 hours each IIDnth 13.33 hours each IIDnth B. Vacations begin to accrue from the first of the rronth in which the starting date is on or before the 15th of the rronth; and from t;he first of the following rronth for starting dates on or after the 16th of the IIDnth. The first day of the rronth so established will be the "anniversary dateI' for purposes of this policy. c. Limits on. vacation accruals - 1. Errployees should be encouraged to take vacations on a regular basis; however, vacation can be deferred and allaved to accrue up to 160 hours with written approval of the responsible super- visor and notification to the City Council. 2. At the effective date of this policy, the level of vacation hours accrued by an individual may not exceed 160 hours. 3. Each anniversary date thereafter an evaluation will be made to see that hours accrued do not exceed the maximum or hours over the maximum will be forfeited. 4. Permanent part-time employees shall accrue vacation hours on a pro-rate share of 160 hours. *permanent part-tirre employees shall accumulate vacation on a pro-rate of eligibility based Oil the previous JtOilthworked. III. SCHEDULING VACATIONS o A. It is both the supervisor's and employee's responsibility to plan vacation use, recognizing policy limits. Supervisors should make every effort to accorrodate employee vacation requests, recognizing that the needs of the City do come first. o o Policy No. 1 - Vacations B. Holidays falling within a vacation period will not be considered vacation. c. Pay in lieu of vacation will not be allowed except that in the event of tennination, retirerrent or death, vacation will be paid in the annunt accrued to that date. D. Every attempt should be made to schedule nonnal vacations at least thirty (30) days in advance. (Adopted 1/31/84) POLICY NO. 3 - SICK LEAVE o 1. rOLJ:.~ The City of Andover shall provide sick. leave for all permanent enployees subject to the provisions of this policy. II. PROVISIONS A. Paid sick leave is accumulated at a rate of one day per nonth for each nonth of service. B. New enployees will not be allowed to use sick . leave until the completion of one nonth of service, at which time they will be credited with one day of accrued sick leave. C. Illness or injury occurring during a scheduled vacation or over any holiday will not be counted as paid or unpaid sick leave. D. Extended illness, which continues beyond the limits of any enployee's paid sick. leave accrual may be considered for coverage. A supervisor wishing to recommend such a consideration should send a written reCOIIIrendation to the City Council for a final determination. If e extended sick pay is approved, it will be charged against the enployee' s future sick leave accrual which will resume under the usual stipulations when the enp10yee returns to work on a permanent full-time basis. Before the extended sick. pay begins, all of the enp10yee 1 s vacation for which he is eligible must have been taken, either prior to or during the illness. E. Permanent part-time enployees are nO'l= eligible for sick leave benefits ona pro-rata basis based on the prevLous m:mthworked. F. In order for an enployee to be eligible for sick leave pa)l'llEIlt in excess of three C3t consecutive days, the enployee must furnish the City with a physician I s staterrent verifying the need for time-off. G. Errployees shall be paid for unused sick J.,eave at time of termination of enp10y:rrent fran the City, provided, hCMeyer, the enployee leaves the City under favorable condLtions and in good standing. The following schedule shall be used in the determination of pay-off: 1984 - 10% - all enp10yeeswith. over two (n years service time 1985 - 10% - all enployees with two (2) through five (5) years service time 20% - all enployees with over five C5t years service time 19.86 - 10% - all enployees with. two (2) through five C5l years service time o 20% - all enployees with six (61 through ten (10) years service time. 30% - all enp10yees with. over ten (10) years service time. o o Policy No. 3- Sick Leave 1987 - 20% - all errployees with two (2). through five (5) years service tine. 30% - all errployees with six (6) through ten (10) years service tine. 40% - all errployees with over ten (10) years service tine. 1988 - 20% - all errployees with two (2) through five (5) years service tine. 4Q% - all errployees with six (6) through ten (10) years service time. 50.% - all errployees with over ten (10) years service tine. At no tine will any errployee be paid for rrore than 400 hours as a pay-off. H. Employees not reporting to work because of illness or other personal reasons should notify their supervisor within one-half hour following the beginning of their work day. I. Sick leave of all errployees must be reported. J. Disability Insurance shall be available to City errployees, with the premiums for such insurance being paid by the errp10yee through a deduction from accurnulated sick leave benefits. o ( '.. (0 , \. POLICY NO.7 - TUITION AID (Effective: January I, 1980) I. POLICY The City of Andover shall make tuition refunds subject to the conditions set forth in this policy to all permanent employees who have completed six months service with the City. . I I. PROV I S IONS A. Voluntary Education Courses 1. This type of education includes curriculums at business colleges, trade schools, accredited colleges and universities. 2. The purpose of financial support for this type of education is intended for employees who are considered to have long- range potential with the City. 3. To be eligibJe for financial support, reimbursement must be recommended by the responsible. supervisor and must be approved by the City Council prior to the course commencing. In addition, courses must be designed for degree or certificate credit and must result in a course grade. 4. Approval will be based on the applicability and valueor-- course to the employee's present or potential position. 5. If approval is granted, the City will pay for three-fourths of course costs, including books, course fees and incidental fees. These benefits will not be available if duplicate benefits are available elsewhere, i.e. G.I. benefits. Transportation and parking will not be paid to the employee as well as costs not associated with the particular course, such as charges for diplomas, certificates and the like. 6. Reimbursement for completed courses will be made only upon presentation to the City Council of the grade slip., Verifying satisfactory completion of a course (Grade C or better. 7. Employees will not be allowed time off during their normal work hours to attend classes this category. o o POLICY NO. 8 - SEMINARS, CONFERENCES, IDRKSHOPS, SCHOOlS 1. POLICY 'Ihe City of Andover shall allow employees to attend seminars, conferences, workshops, and similar functions for which employees will be given tirre off with pay to a maximum salary for eight (81 hours per day. 'Ihe employees attending such seminar, workshop, conference or school shall be required to furnish the City Council with a brief report of the function. POLICY NO.9 - HOLIDAYS o I. POLICY The City of Andover shall provide paid holidays for all permanent and permanent part-tine errployees subject to the provisions of this policy. II. HOLIDAYS New Years Day (January 1) Martin Luther King Day (3rd Monday in Januaryt Veterans Day Merrorial Day Independence Day Labor Day Thanksgiving Day President's Day Christmas Day Floating Day (This day to be . determined by Administrator at beginning of each year) Columbus Day (Adopted 12/8lt III. ELIGIBILITY A. Permanent Employees 1. Employees must be errp10yed on a permanent status on both the last working day before the holiday and the first working day after the paid holiday. 2. Employees on paid or unpaid sick leave either the last working day before a holiday or the first working day after the holiday, or both, will receive holiday pay. 3. Permanent part-tine errployees will be paid holiday pay under thesarre schedule as permanent full-tine errp10yees, but on a pro-rata basis based on the previous ro::>nth worked. IV. PROCEDURE A. City Offices will be closed on all holidays. B. One day's regular pay will be paid to errployees for each holiday for which lbhey are eligible. C. When a holiday falls on a Saturday, the City will observe it the previous day (Friday). D. When a holiday falls on a Sunday, the City will observe it on the following day (Monday)_. o E. When a holiday falls within an errployee's vacation period, the errployee is entitled to an extra days vacation. The additional day will be given at a time mutually agreed upon by the City and errployee. \. o ( ;,0 , " POLICY NO. 12 - OVERTIME (Effective 1/31/84) I. POLICY It shall be the pOlicy of the City of Andover to pay employees overtime or give them compensatory time-off in accordance with the provisions of this policy. Compensatory time-off accrual shall not exceed forty (40) hours at anyone time. II. PROVISIONS Hours worked in excess of forty (40) hours within a seven (7) day work week will be compensated at one and one-half (1~) times the base rate of payor. compensatory time-off to all non-exempt employees. Changes of shifts do not qualify an employee for over-time pay. . Holidays shall be included in hours worked. Only those holidays included in this Administrative Policy shall qualify for this inclusion. In the caie of city emergencies, defined as snow emergencies, water or_sewer utility emergencies, Or any natural disasters declared by the City Council, sick leave time-off will be included in hours worked, provided, however, such sick leave is taken prior to the day of the emergency for which over-time is worked. Sick leave may be included in hours worked if taken during the work week following tge emergency if such sick leave is tak~n as a result of a personal emerqencv, i.e.~ critical illness or death of a family member, or receipt of a physic~an's statement of illness for the sick leave time taken following the emergency. Hours worked for the purpose of overtime shall not include vacation time-off unless prior approval of such vacation has been granted by the employee's supervisor. City employees shall be required to work over-time, if requested to do so by their supervisor, during a city emergency. No employee shall work more than sixteen (16) consecutive hours without reasonable time-off (8 hours). The City Council may determine the services of an exempt employee are needed to perform a specific duty not normally cOnsidered to be part of the position requirements, and for whic~ compensatory time-off is not reasonable. . If this determination is made, the Council shall indicate the duties and an hourly wage for same. In the case of employees required to take minutes at City rreetings, a two (2) hour minimum at the~loyee's overtirre rate shall be paid. o o POLICY NO. 14 - ALCOHOL AND DRUG ABUSE City errployees shall not consl.Ilre or use m:xrl altering chemicals or alcoholic beverages on City property except at functions or activities approved by the City Council. . o o ~ . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE DA SECTION NQ Closed Session ITEM NO. ORIGINATING DEPARTMENT Engineerin Woodland Terrace Appeal Closed Session w/attorne The City Counci1 is requested to discuss this item with the City Attorney and the Engineer in closed session. Attached: OTKDA's letter explaining how the storm drainage could have been assessed if done all at one time. OLary Carlson rebuttal OLary Calrson's appeal letter MOTION BY TO: SECOND BY . ~KDA TOl TZ. KING. DUVAll. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 612/292.4400 July 15, 1985 Honorable Mayor and Council Andover, Minnesota Re: SW ArelJ Storm Sewer Assessments Chapman's Addition and Woodland Terrace (85-5) Andover, Minnesota Commission No. 7379-85 Dear Mayor and CounCil: The purpose of th Is report I s to compute a new assessment rate structure for the SW ar88 storm sewer constructed In 1981. The new assessment rate Is necessary In order to Include the additional drainage area and storm sewer construction adjacent to Chapman's Addition In the Woodland Terrace Addition. The total 1981 storm sewer project cost was $314,924.10. Assessment rates were calculated based on $0.10/SF for Chapman's Addition, SO.15/SF for COllllllElrclal and church properties and SO.089 for Carlson's Woodland Terr8Ce. Total assessments of $288,934 left a project deficit of $25,990. According to the report dated October 15,1981, "the remaining unassessed portion of this storm sewer project would be recovered through the use of 88rned Interest monies which would relate to the percentage of total construction." The new assessment rate calculations are based on the procedures used In the 1981 calculations extended to Include Carlson's Woodland Terr8Ce Addition. R8tes for high density residential, park, and well-site were based on the ()l val ues of CI ass A sol I s. A new total project cost was calculated based on the InitIal project cost, plus storm sewer construction In Woodland Terrace. 1. I nl tl al A:i.sil~~.D:L&I.!il.s (fran report date 10-15-81) o Res I dentl al High Density Resldentlal* Church/Collllilerc I al Park* Wel'-Slte* Carl son SO.10/SF, or $4,356/Acre SO.107/SF, or S4,661/Acre SO.15/SF. or $6,534/Acre SO.07/SF, or $3,049/Acre" SO.ll/SF, or $4,792/Acre SO.089/SF, or $3,877/Acre * New R8tes based on (}l val ues. o Honorable Mayor and CI ty Council Andover, Minnesota July 15, 1985 Page Two 2 . CQ.st.:L~~Qr:.tl~)Dm~.of_b~3~L.upQD_H.8L.Ba.t~.s A. .b'~D.d_~r:.tl~.s.....h~it.s.sm~Dt Commercial Res I dent I al High Densl ty ResldentI al Park 0.41 Acres 8 $6,534/Acre = $ 2,679 58.36 Acres 8 $4,356/Acre = $254,216 7.15 Acres 8 $4,661/ Acre = $ 33,326 ~ Acres 8 $3,049/Acre = 1__~86Q Total 68.5 Pond Area of 4.07 Acres Is not Included In assessments. B. ~.omL~~_Dit.d.uctl2n.s Project ______________~ract Co.sL Pond Land Value 4.07 x 2,700 Pond ConstructIon (Estimate) $40,QOO x 1.39 x 0.84 Storm Sewer: Phase I $63,555 x 1.39 x 0.84 Phase II (Est. )$30,500 x 1.39 x 0.84 Conv.to 1 98Ll:&.sL $ 10,989 = $ 46,704 = $ 74,207 = .s~12 Subtotal (ConstructIon and Land)) Assessment Rate PaId = 15.90 Acres 8 $3,877/Acre = Total Deduction C. ImL&D.dlml_CQ.s.t_.tQ_~1.amL~.r.r~~J. Assessment Deductions (Credit) $298,087 - .s2~...126 Total Pendl ng $ 68,931 IQt~&D.dlDg_CQ.sL.t.QJ;l~_loc-Will=.sln 0.26 Acres 8 $4,792/Acre = $1,246 (In I tl al ) o TOTAL ASSESSMENT = $ 70,177 (at 9/81 rates) $298,087 $167,512 UL.2~ $229,156 o Honorabl e Mayor l!Ind CI ty Council Andover, Mlnnesotl!l July 15, 1985 Page Th ree 3 . .F4tLAp~QL:tlQDe~LI~L12132~ A. ~JQlaLE'L:Q~~~1 Orl gl nl!ll Project Cost Woodll!lnd Terrl!lCe Const.Cost and Ll!Ind Anokl!l CI ty Payment New Totl!ll Project Cost (1981 Rl!Ite) $314,924 $167,512 Uil...1200 $512,436 B. New Rat~~L&~~ments (1981 Rate) ~lJ New -Ba1.e Adjusted AmQ.llJlL_ ResidentIal: Chapml!ln's Woodland Terrace High Density ResidentIal Church/Commercial Park Wel'-sl~ 35.287 Acres 58.36 7.15 11.58 2.58 0.26 $4,243/Ac. $149,723 $4,243/ Ac. $247,621 $4,540/Ac. $ 32,461 $6,365/Ac. $ 73,707 $2,970/Ac. $ 7,663 J.~1L&;. S 1.2U Total $512,388 4. lQia I Owed bLWQQdl.muLI.e~e New AdJ usted AJ:.ea_______fu:l1.e__~.lln:L_ Commercial 0.41 Acres S6,365/Ac. $ 2,610 Residential 58.36 $4,243/Ac. $247,621 High Density Residential 7.15 $4,540/Ac. $ 32,461 e~________-ZA.213______12...91J1LA{;...J.~L.6.Q~ Totl!ll Deductions $290 ,355 -1229,156 Total Owed (bl!lsad on 1981 Costs) $ 61,199 o o o Honoreble Mayor and City O:>uncll Andover, Minnesota July 15, 1985 Pege Four AssessmenIs_Du~_il28~_BaI~l Woodland Terrace $61.,199 x 1.19 (ENR) = $72,827 The peyment to Anoka City for addltlonel drelnage eree would be Included In this essessment. 1981 proj acts essessed by separete erees consol Idetl n9 llll proj act costs end drlllnege ereas. within the Chepmen's Addition end the Woodland Terrllce Addition result In a new essessment rete 2.7% lower then the previous essessment rate. Sincerely yours, Davidson, P.E. JLD:j o o -.- WOODLAND DEVELOPMENT CO. 201 Hardie Bldg.. ~33 Jackson Street Anoka. Minnesota 55303 (612) 427-7502 August 23, 1985 The Honorable Mayor and Council City of Andover 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 RE: SW Area Storm Sewer Assessments Chapman's Addition and Woodland Terrace (85-5) Andover, Minnesota Commission No. 7379-85 Honorable Mayor and Council: This letter is in response to the above referenced storm sewer project. As perhaps you know, I had a recent meeting with Mr. Davidson, Mr. Rodeberg, and Mr. Schrantz regarding this issue. Also in attendance was Mr. Curt Adams from my office. The purpose of the meeting was to review a July 15, 1985 letter on the same issue which was prepared by Mr. Davidson and submitted to you. We were also encouraged to review the method of calculation carefully since they did expect a response and, further, anticipated that we may find differences in estimated costs used or a different method of calculation which would be more appropriate. It is obvious that the primary concern of the Council is that all parties involved with the storm sewer assessments are treated relatively fairly - meaning equally, In a subsequent paragraph, I have compared the Woodland Terrace deductions as reflected by Mr. Davidson on page 2, 2.B., with revised and more accurate cost figures. The major difference, and the only one I have bothered to revise due to its material nature, involves the value of the land used for our onsite ponding. In my itemization of credits or allowances due us, please note that I have indicated the estimated fair market value of the lots which would have been available to us had we not set this land aside for ponding purposes. Since Chapman's Addition was fully developed, with no land set aside for ponding, they have been able to spread their assessment against a higher number of saleable lots. This means that we also should be provided the same benefit, since our development costs are substantially the same with or without the 12 lots that would have been developed on the pond acreage. I have arbitrarily reduced the market value of these lots by approxim~tely 55,000 each to cover any additional construction costs that would have been necessary. Please keep in mind that these per lot construction costs are less due to the fact that we have already extended sewer past the area and the same is true for water, surface drainage, and roadway. We discussed this concept with the engineers and I believe they concurred with us that the raw land cost reflected in their initil credit should not be used as a proper comparison to Chapman's Addition, which is fully developed. Prl)p.:rty - I n".::::lm.:nl. D.:\"elopment. Saks o The Honorable Mayor and Council August 23. 1985 Page 2 The following is a comparison of credit or allowance due Woodland Development: Description Estimate per Davidson letter dated 7/15/85 Recalculation of Credit/Allowance Pond land value - 4.07 x $2.700 As corrected. this land on a lot value basis would reflect a credit equal to 12 lots. each. $12.00.0 Pond construction (estimate) We contacted the road builder, our engineer. and also calculated our costs incurred. We arrived at an estimated cost of $53.0.05. $ 10..989 $ 144.000 46.704 46,704 Storm sewer - Phase I - Phase II Subtotal (Construction and Land) 74,20.7 74,20.7 35,612 35,612 167,512 300,523 61,644 61,644 $ 229.156 $ 362.167 Assessment rate paid = 15.90 acres @ $3,877/ac. Total deduction In Mr. Davidson's letter, he indicates that a fair apportionment of cost to Woodland Terrace would have been $298,0.87. The actual cost which we have incurred or will incur. when added to the fair market value of the land we have set aside for ponding area, totals $362,167, which is $64,080 in excess of our apportionment of cost. Assuming we are expected to pay the full $30.,0.0.0 fee to be charged by the City of Anoka, which I had previously agreed to do, our excess cost is then $95,0.00 as compared to what the benefited parties lying within Chapman's addition have paid. I would like to graphically point out for your consideration the economic difference I have explained above relative to the land. In the following presentation, I have merely assumed that Chapman's Addition is exactly the same size as Woodland Terrace. This example is intended to reflect the economic difference in merely being credited for the raw land value versus the actual contribution of land within a subdivision which would otherwise be developed. Chapman's Woodland Terrace o Total area within plat Gross number of lots available using full parcel Less: Land area and therefore lots removed for ponding purposes Net lots same same 42 42 0. 42 12 30 (more) The Honorable Mayor and Council August 23, 1985 Page 3 o (cont. ) Cha pman ' s Woodland Terrace Fair market value - assume $17,000 per lot Additions/Adjustments: Credit for raw land value (4 acres each at $2,700) Estimated reduct~on in total construction cost of project (12 lots, each $5,000) Total Additions/Adjustments Total saleable value of land plus allowances/ credits $ 714,000 $ 510,000 0 10,800 0 60,000 0 70,800 $ 714.000 $ 580.800 The above indicates correctly that Chapman's is coming out considerably ahead of Woodland Terrace. The picture is not. distorted. Further, as long as we are dealing with 12 lots, the dollar amount reflecting the difference will always remain the same, it will just become a greater .or lesser percent depending on the size of the project. I ask you to please note the economic difference and advantage that the Chapman addition has received merely by being allowed the opportunity to fully develop the entire parcel. It is this economic advantage which I am trying to clearly prove to all concerned, thereby satisfying the Council that we have in fact paid our fair share, or considerably more, of the total project cost. In conclusion, the fact that we have incurred a higher than normal cost was stated by the city engineers on several occasions during prior discussions. This comment was made even prior to our agreeing to pay the $30,000 fee to the City of Anoka. The above calculations support this conclusion. I also believe a significant point involved is that through our ponding system in Woodland Terrace, we are adding only a maximum of 12 CFS to the downstream drainage system. This should be compared to the Chapman's Addition, which did not provide onsite ponding, and is adding considerably more surface water runoff to the downstream system than are we. If we were to view the issue and calculate the appropriate costs based on CFS runoff, we would find the picture totally turned around. There would have been a significant increase in the costs allocated to Chapman's. In summary, the entire issue comes back to the economic benefit of each landowner, and Chapman's has benefited far greater than has Woodland. I do not object to this difference, but merely wish to make the point very clear. I remain willing to pay the fee requested by the City of Anoka, but do not agree with any further assessment. Again, I believe that during our meeting with the engineers, they also concluded that our position in this matter was fair and equitable to all concerned. We sincerely hope that you will act favorably .in this matter. If this proposal which I have made, namely payment of the $30,000 fee to the City of Anoka, is not acceptable, we respectfully request that we be given further opportunity to meet with the Council regarding the matter. Thank you. o , ~ . p , , l I ! ; ! I , .." '~'..".. -;'0' .....'C. .' . ",'- '. . .--:;: -',.:r: L(.' ~ ?It~ /lJ-~~~) . ll/b (ifS- :' 't. -'."\",~:. . K I .\" . I"'.\'~ , :~: , / f .'~... -. ... .~,..... : v:..... .).~DODLAND DEVELOP~ENT co. /1201 Hardie Bldg., 433 Jackson Street Anoka..~Mi~nesota 55303 (612) 427.7502 November 6, 1985 HONORABLE MAYOR AND COUNCIL Ci ty of Andover 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 Honorable Mayor and Council: In accordance with . the appeal process for assessments to District Court pursuant to Minnesota Statutes, Section 429.081, this letter serves as notice of my appeal of the Anoka storm sewer assessment of $72 ,827. At tached is a copy of our prior written objection, dated August 23, 1985, filed with the City of Andover, and acknowledged by the Council at the October 7, 1985 assessment hearing. . As I stated in the October 7 letter, I objected to $42,827 of the $72,827 assessed for Anoka storm sewer. The amount I object to was assessed solely on the basis of achieving a fair share cost for total storm drainage costs for Woodland Terrace. I still contend that I have paid my fair share for storm drainage and in addition have provided on-site ponds to handle all additional volumes of surface drainage in a manner which will have no additional impact on the city's storm sewer system. As part of the design phase of the southwest area improvements, I was notified by Mark Schumacher of TKDA on July 11, 1980 that it was necessary to include the potential development of WOodland Terrace in their study. Mark noted in his letter to the Council that the drainage plan as presented to me was the most effective drainage solution for Woodland Terrace. I was then also informed that on-site ponding may be necessary to fully develop the total proper ty. I opted to give up the increased value of otherwise buildable lots for the ponds in lieu of over~izing the storm sewer pipe. As a practical matter, it would have been much less costly to oversize the pipe than to give up 4.07 acres of land that amount to 12 highly valuable lots totally for the .purpose of drainage. \.lith that deciliion made, I already incurred a cost for drainage of $2,700 per. acre for 4.07 ?cres, which amounts to $10,989, not to mention the increased value of the otherwise developed lots, estimated at a ~alue of $12,000 each which amounts to $144,000, In any case, with the fact of ponding known, we proceeded to design a ponding ..system with the assistance of both our engineerin.g firm, Hakanlon Anderson '. Associates, and the en.gineering firm for Andover, TKDA. Both have given assurances that no additionaF impact on the Chutich Pond would be created in 'terms. of head 'pressure or additional capaci ty needs since our pon.Q.s' Ix>lding '. capaci tyallows. the .addi tional surface drainage .to <Irain through ~he Andover system (including the Chutich Pond) during offpeak times, meaning for every Property - I nvestment, Development, Sales . . , Honorable Mayor and Council November.6; 1985 Page 2 0/ I addItIonal unIt of water draInIng into the draInage pond from our subdIvisIon, the same unIt of water Is being released to the Rum River. Therefore, no addItIonal capacIty needs for the Chutich Pond to handle our additional storm drainage exist. As we neared the construction start for streets and utilities, we were notified by JIm Schrantz of a potential drainage fee required by Anoka for the use of theIr storm sewer system and the rou ting of our surface drainage to the Rum River. With the consultation and direction of 1l<DA and Jim Schrantz, we met wi th Anoka. to resolve this issue quickly and insure an ou tflow for the ponds that had been designed aud approved. I subsequently agreed to pay Anoka $30,000 for the addi tional volume of wa ter too t would flow through their sys tem as was noted with no negative impact on their system. I stand by thilt commi tment even in the event the Council should negotia te a lower fee \ili th Anoka. Our actual construction costs have totaled what we expected, contrary to the substantial savings reflected from the feasibility report. As we have progressed into the final plat, John Rodeberg with TKDA revised his feaSibility/bid estimate of project costs from $762,270 to $632,400.' John also noted this figure was likely 107. high and an 8% contingency was included too t he felt was unlikely to be used. Therefore, the real estimated project cost is as follows: Estimated project cost Less 10% inflated cost $ 632,400.00 63,240.00 569,160.00 45,532.80 j 523.627.20 Less 8% contingencies Real estimated project cost Our actual cost as submitted at the assessment hearing is $530,032. exceeded the real estimate by adding three lots to the final plat. cost per unit is determined by the following costs: \.Ie The real Actual construction and related costs Prior assessments against Phase I Pond cons truction (in lieu of addi tional storm sewer which would necessary to develop those lots) Water connection charges Anoka/Andover drainage fee Total project costs $ 530,032.00 139,616.36 With 107 un'its in Phase I, this equals a real cost of $7,943.44 per unit as OPPOsed to the assessed cost per unit of $6,473.00 because of prior assessments 'and pond co ns truc tion. 53,000.00 96,300.00 31,000.00 $ 849.948.36 The following is to demons tra te my con ten tion tha t I have already paid my fair share for drainage for Woodland Terrace: o Our fair share for drainage was based on a comparison to Chapman's Addi tion, . . - , Q,: ;",f 1 I Honorable Mayor and Council November 6, 1985 Page 3 ( using $.10 per square foot for drainage costs. However, the $.10 per square foot was the amount proposed in their feasibility study. The actual amount levied was $.8699 per square foot, based on $133,659.24 assessed over 35.27 acres, which does not include the park area. Fallowing is an account of the cost per square foot for Woodland Terrace: Total Less: area Area draining off-si te (this was de termined by TKDA) Park area Ponds Wellsi te Total area draining through Chapman's Addi tion 82.70 acres 10.40 acres 2.67 acres 4.07 acres .26 acre 65.30 acres Total drainage costs: Storm sewer levied prior to 1985' Storm sewer Phase I Storm sewer estimate for Phase II Pond construction Pond raw land value ($2,700 per acre) Anoka/ Andover drainage fee Total drainage costs $ 61,644.00 58,583.00 30,500.00 53,000.00 10,989.00 30,000.00 ~4.716.00 The result is $.86 per square foot for Woodland Terrace. Again, this cost does not reflect the otherwise improved lot value of 12.10ts given over to ponding. Taking that value into account, we far exceed any development of its kind. Therefore, any additional drainage assessments become a triple penalty when considering the raw land value given to ponding, the improved lot value given to ponding, and the proposed additional ponding fee. As I stated earlier, my only intention is to be treated fairly, and I hope I have clearly demons tra ted through my example s here in tha t the addi tional assessment to which I am objecting is totally unfair. It is my hope this can be resolved immedia tely by the Council remov ing the overassessment from the assessment roll. Mayor Windschi tl indica ted, when discussing the wa ter connection charges at the hearing, that cancellation by Council action is a via ble solu tion for overassessmen t. To fur ther agonize over this is sue can only overburden the Ci ty of Andover's and our time, resources, and funds, which is a losing proposition for all of tis involved. Yours truly, LBC/kds o At tachmen t "" f o e6?~ \1,1 ~ MINNEAPOLIS OFFICE Suite 600 Midwest Plaza West 801 Nicollet Mall Minneapolis, MN 55402 Telephone 6121339-8682 Richard A. Bowman John O. McShane David R. Kelly David W. Graves. J( George W. Soule Hildy Bowbeer Kent a. Hanson" . .. Wayne O. Struble Janice K. O'Grady Robert K. Miller Kennelh W. Pearson Marcia M. Kull Mickey W. Greene' . . Cynthia J. Alsatt PHOENIX OFFICE Suite 2250 Kent Tower 100 West ClarendOn Phoenix. AZ. 85013 Telephone 6021248.0899 Jeffrey A. Brooke' David C. Auther' . Paul G. Cereghini' . 'AOMITTf'l)IH.u.zoou. -~. .- "'*'"(O........~QOl... ....._mo...IOW.\Qfol.' .....0000TTm...~ -~. ..u.OTt<t:IIS....DfIIfTnO ""-~.... o L. ..... CA ..'{J~ F '\ \\\/ Bowman and Brooke ATTORNEYS A.T LAW November 21,1985 The Honorable Natalie-Haas The Honorable Albert A.Kordiak Anoka County Board of Commissioners County Courthouse Anoka, Minnesota 55303 Mr. Robert Hutchinson Director of Environmental Services Anoka County 325 E. Main Street Anoka, Minnesota 55303 Mr. James Schrantz City Administrator City of Andover 1685 Crosstown Blvd., N.W. Andover, Minnesota 55304 Gentlemen and Ms. Haas: Re: WDE Site, Andover, Minnesota Enclosed please find the following: 1. Respondents' November 13, 1985 response to MPCA October 30, 1985 response to the revised Remedial Investigation Report; and 2. Respondents' November 20, EPA's November 6, 198~ response tQ Investigation IiI) Report. MMK:dcw Enclosures 1985 response to th€----revised Remedial Very truly yours, ON BEHALF OF THE SW-28 GROUP Ford Motor Company . - ...e.APOUS OFACE __.600 ~ Plaza West n Nc:oIIet Mall _os. MN S5402 ...,...,... 21:139-8682. cnudA.. Bowman "'" a. uc.$nane .....aRKelty ...:tW_G~.Jt eaoe W. Soule ... -..... .. B.Iiat\son...... _0.5'"""" ww;eK.O'GtaCly -X*1 K. Millel" .......ch W, Pearson --=- M. Kull "ioIleyW.G~... 'f"d'U J. Alsan HOENIX OFACE .... 22SO erc10wer 00 'West Clarenoon _.AZ 650t3 - 0212<a-<J899 _R.B""""" ...-:sc.AlJU'ler.. "G.~ni.. .~........co-. -- -~..~ -~._000U' -~..~ -- --~ - o Bowman and Brooke A T TOR HEY S Art A. .W HAND DELIVERED November 13, 1985 Mr. Thomas J. Kalitowski Executive Director Minnesota Pollution Control Agency 1935 West County Road B2 Roseville, Minnesota 55113-2785 Re: WDE Site, Andover, Minnesota Dear Mr. Kalitowski: In the October 30, 1985, response to the revised Remedial Investigation (RI) Report submitted to the MPCA on October 16, 1985, the MPCA Director stated that the Respondents did not revise the RI Report as required in the MPCA letter dated October 2, 1985, or provide an adequate justification to the Agencies to approve the report as submitted. Pursuant to the Resolution of Disputes provision of the Order which governs submittals, if the Respondents believe that the MPCA's Director's changes are inconsistent with the Order, Respondents shall notify the MPCA Director. Respondents believe that the changes set forth in the Agency's letter of October 30, 1985, are inconsistent with the Order and hereby formally notify the Director of the same. In particular, the Respondents believe that the revised RI Report as submitted by Respondents on October 16, 1985, satisfies all of Respondents' obligations under the Order with respect to (a) a determination of the WDE Pit contribution to the overall WDE Site contamination problem and (b) waste characterization. Further, for the record there. has been a misunderstandino betwee the Respondents and the MPCA in two cases, namely, Pit contribution and waste characterizations. Prior to this letter the Respondents have not formally agreed to the HPCA October 30 modifications in these two areas. In an effort to resolve this misunderstanding and avoid any unnecessary delays in this RIfFS program, Respondents met with representatives of the MPCA on Tuesday, November 5; Thursday, November 7; and Tuesday, November 12, 1985. As a result of these meetings and o o Mr. Thomas J. Kitowski November 13, 1985 Page 2 without waiving the Respondents' position that they have fully complied to date with all of their obligations under the Order to complete an RI Report, the Respondents are agreeable to all of the MPCA RI Report modifications and the proposed modificationito be made by the Respondents in the MPCA letter of October SO, 1985, with the following two clarifications. First, with regard to paragraph No. 1 on page 9 of the MPCA letter concerning the pit contribution to the overall WDE Site contamination problem, the following additional work will be performed: I.A. Install two nests of observation wells within the upper sand aquifer. ,These nests will be located within the limits of the flow lines that pass beneath the pit as defined by the water table contours presented on Figure 4.21 of the RI Report. 1. One of these well nests will consist of two observation wells installed in the vicinity of the Pit. In addition to supplying supplemental data for pit plume identification, the MPCA and Respondents agree that this well nest will satisfy Recommendation No.4, Section 1.4 of the RI Report concerning further investigation of any non-aqueous phase liquid (NAPL) released from the pit. The wells will be installed in separate bore holes through hollow stem augers with ten-foot long well screens set on top of the intermittent gray silt unit and on top of the red-brown silt till unit. Sandpacks will be installed around the screens, as appropriate, and the bore hole annulus grouted with cement/bentonite grout pumped in place. The wells would be installed in accordance with the Minnesota Department of Health regulations. o will be examined for the presence of NAPL. Short sumps will be installed in the well screens to collect any NAPL that may migrate across the gray silt or red-brown silt till surfaces in the future. 3. If the intermittent gray silt unit is not encountered in the soil samples collected at this location, the second observation well in the well nest will be installed in the upper one-third of the saturated upper sand aquifer thickness. o o " Mr. Thomas J. K< .towski November 13, 1985 Page 3 4. The second well nest, consisting of two wells, will be similarly constructed with the exception of the short sump. This well nest will be located approximately half way between the pit and well nest W-ll, within the flow lines passing beneath the pit. , B. Water samples will be collected from the new observation wells on two separate occasions and analyzed for the Minnesota Department of Health 465B volatile organics only. These samples will be collected and analyzed using the same procedures used during the second round RI sampling and analysis. C. Upon completion of this additional investigation as outlined above, Respondents will submit to the MPCA modifications .to the RI Report containing all data collected and appropriate revisions to Section 6.4.1, entitled "Pit versus Landfill" and Section 4.4.2.1, entitled "Water . Quality Within the Limits of Refuse Deposal." This submission will be reviewed in accordance with Part VII.B of the Order, entitled "Resolution of Disputes." The second clarification deals with paragraph No. 2 on page 9 of the MPCA October 30 letter concerning the requirements for waste characterization. On this issue, the following additional work will be performed: II. A. Respondents will modify Section 3.0 of the RI Report entitled "Hazardous Substance Investigation." This modification will summarize the existing WDE Site waste characterization information collected to date" from the files of the MPCA and Anoka County, plus any other appropriate information previously provided to Respondents' consultant, Conestoga Rovers Associates. This section of the RI Report will be organized in accordance with and address all points contained in Exhibit A.V.2, Task A(8) and Task C.l.a and d.; tihiblf B.V.2., and Task AlIa) . 0 e r er, an ar s . an IV.A.I. of the Pit RI/FS Work Plan and Parts III.J and IV.A.l of the Landfill RI/FS Work Plan. This task will be completed and submitted to the MPCA within the next thirty days. This submission will be reviewed in accordance with Part VII B of the Order, entitled "Resolution of Disputes." B. Respondents and the MPCA will generate a survey questionnaire inquiring into the WDE Site hazardous waste disposal history. The MPCA will send this questionnaire to all identified potentially responsible persons for the WDE Site. The Respondents will use their best efforts to provide a complete response to the survey questions by the MPCA. Mr. Thomas J. Kitowski November 13, 1985 Page 4 o C. The MPCA will provide Respondents with the responses from the survey. Within thirty days of receipt of this information, the Respondents will summarize the results from the survey, as well as other information provided. to the Respondents at that time, and make any amendments to Section 3.0 of the RI Report that may be appropriate based upon this new information. This submission will also be subject Part VII B of 'the Order. The MPCA staff agrees that upon completion of the above two enumerated tasks (I and II) to the satisfaction of the MPCA Director, the Respondents will have fulfilled all of their obligations under the Order with respect to the completion of the RI Report. Very truly yours, BOWMAN AND BROOKE By David W. Attorney FORD MOTOR COMPANY B\O:~~J!:V Ji;{J 4~ Co-Chair, SW-28 Group DWG:lj cc: Bruce Borgerding, Esq. Robert FalstadLEsq. --Alan W. Van Norman, P. Eng. ree o .. .' o MINNEAPOLIS OFFICE. S<.lrte600 MiOWWe$f Plaza 'Nest SOl NICOlle! Mall VlInneaOOfls. MN 5$402 TeteC)tlOne 512J339~682 Archard A. Bowman Jonn Q. McSnane OaYCJ R. Kelly D~W.Gra~$.Jr"...' George W. Soule"" .... Hdcty 8owoeef J<..enr S. Hanson...' Yor.IyneO.$lruble J.ance K. O'Grady ~tmew J. Valllchka E=iooert K. Mil5ef' f\enneth W. Pearson Matoa M. Kull""" ~ocey W. GfHne' .... Cynmaa.J. A1:san Carol A. Neecnes PHOENIX OFFiCe S"'Jte 2250 ~ Tower 1.00 West Clarenoon ~~nu,:. AZ. 65013 T~ 5021248-oS99 Jeffrey A. Brooke' ,)<WId C. Aulner'" '~"UIU'QOUo --. .-~..~ "--"'lfo...o-a --. ....6OWl'T"Io..~ -~.' ........-.nuI..~. 'O'U'(7I'......~ --. o .. Bowman and Brooke ATTORNEyS AT I:A.W November 20, 1985 Mr. Kerry Street United States Environmental Protection Agency Region Five 230 South Dearborn Street Chicago, Illinois 60605 Re: Waste Disposal Engineering, Andover, Minnesota Dear Mr. Street: In the November 6, 1985, response to the revised Remedial Investigation (RI) report submitted to the Agencies on October 16, 1985, the U.S. Environmental Protection Agency (EPA) stated that the parties have not reconciled all issues in disagreement and, pursuant to Part VII.B.3. of the Consent Order (Order), the EPA modifies the RI final report as specified in Attachment I. Pursuant to the Resolution of Disputes provision of the Order which governs submittals, Respondents hereby notify the EPA t~at they believe the EPA's modifications are inconsistent with the Order. The R~spondents believe that the revised RI Report as submitted on October 16, 1985, satisfies all of Respondents obligations under the Order. In an effort to resolve any deficiencies between Respondents and the EPA, Respondents have initiated tele- phone conferences with representatives of the EPA on November 13, 14, 18, 19 and 20. As a result o~ th~~e dis- cussions- -ana---wtthout wai vingRespondents I posit ion that they . lr olga lons under the Order to complete the RI Report, the Respondents are agreeable to the EPA RI Report modifications and pro- posed modifications subject to the clarifications noted below. These clarifications are itemized in accordance with the ennumerated Attachments I and III of the EPA November 6, 1985 letter. However, before addressing these specific points, Respondents believe that i~ is necessary, for the record, to comment on certain other statements contained EPA's letter. o Mr~ Kerry Street November 20,1.985 Page 2 The BFA asserts that Respondents failed to make a timely submission of the revised RI Final Report to the EPA. Under Exhibit A, Part II, and Exhibit B, Part iI of the Order, "the Respondents shall submit to the Minnesota Pollution Cont::ol Agency d;.rector (!'1PCA director) and the U. S. EPA all reports ... '.l.nd other submittals .required by [these} Exhibit[sl." Respondents believe that they provided a timely submission of the RI Report to the EPA and MPCA. Respondents hand delivered the revised RI Report to the HPCA and arranged for another copy of the report to be sent to . the EPA via certified mail on October 16, 1985. After being informed by the EPA that they did not receive the copy, a second copy was sent on October 23, 1985 via Federal Expres.s. Accordingly, Respondents have complied timely with the Order. However, even if the EPA continues to claim that Respondents' submittal was late, Part XXI of the Order is applicable. The section states: Any failure of Respondents to complete properly the requirements of this Consent Order which results from circumstances beyond the reasonable control of Respondents shall not be deemed to be a violation of its obli- gation and shall not make Respondents liable for the damages provided for in this Part. To the extent delay is caused by such circum- stances beyond the reasonable control of the Respondents, the time for performance here- under shall be extended pu::suant to Part XII, below. Accordingly, liquidated damages are inappropriate. The EPA asserts that Respondents have failed to finalize the QA/QC Plan. The history of the problems asso- ciated with approval of the QA/QC Plan is well documented port-] . R",::>pulIJt::lI ts believe that the EPA statement that "Respondents have failed to finalize the QA/QC Plan" is misleaaing and simplistic. The Respondents have made good faith efforts to finalize the QA/QC Plan. The submittals have been met by delays and inconsistencies within the EPA. In fact, Respondents, frustrated by six months of EPAdelays, chose to begin the RI sampling program wi thout an approved QAPP. (See Respondents' March 29, 1985 letter to MPCA Director.) o The EPA asserts that Respondents have failed to finalize the Safety Plans. Exhibit A, Part IV and Exhibit B, Part IV of the Order state that "{t}he Respondents shall o Mr. Kerry Street November 20, 1985 Page 3 prepare ana submit to the HPCA Director and u.s. EPA for comment . . . a WDE [Pit and Landfill1 safety plan[s1. . . ." The Exhibits state expressly that while the Agencies may comment on the safety plans, the Agencies "will neither approve nor disapprove the plans." In acco~dance with the Exhibits, Respondents submitted the Safety Plans to the Agencies. The safety ~lans were implemented, taking into account the comments of the MPCA Director and EFA. (See Response to Request by MFCA/USEPA for Revised Health and Safety Plan for WDE Sanitary Landfill, attached hereto.) The Exhibits to the Order do not require resubmission of the safety plans dr "finalization" after Agency comment. Thus, Respondents have complied fully with their obligations under the Order with regard to the Safety Plans. Respondents are uncertain of the meaning of the EFA's comment that they "have failed to retain a consultant(s) qualified to undertake the requirements of the Exhibits." Conestoga-Rovers & Associates has considerable experience in planning and leading Remedial Investigations and teasibility Studies. CRA has carried out successfully the requirements of the Exhibits and the Work Plans. At no time has any member of either the MPCA or the EPA questioned CRA's abil- ity to perform the required tasks. It is Respondents' posi- tion that their consultant has proceeded in accordance with the letter and spirit of the Order, the Exhibits and the Work Plans. The EPA states that Respondents have failed to indicate and propose methods in the monthly reports for any necessary additional RI activity. Respondents did not become aware of any necessary additional RI activities until the data col- lected during the RI had been analyzed and synthesized into the RI Report. Respondents did not have the benefit of hindsight when writing their monthly reports. Notwithstand- ing the above, Respondents have proposed additional RI activities in their month.4--rf'pnrts (see monthl-y--rcport;----- dated September 17, 1985). o Finally, on page two of the November 6, 1985, letter, the EFA states that "within 30 days of the date of this letter, the Respondents shall develop and submit to the MPCA and u.S. EPA Alternative Reports....n Respondents believe this statement is in error. Fart VII.B.4. provides for a fourteen (14) day reconciliation period if Respondents believe that the Agency's modifications are inconsistent with the Order. This letter constitutes Respondents' official notification to the Agency of the same. Agency modifications are not deemed to be final action until the o Mr. Kerry Street November 20, 1985 Page 4 end of the fourteen (14J day reconciliation period or approval by the Agency. The Alternatives Report is then due within thirty (3D) days of approval or final agency action. Respondents requested ~ meeting with the EPA to dis- cuss, in person, the contents of the Agency's November 6, 1985 letter. Part VII B.S. of the Order provides: "U.S. EPA, the MPCA, and Respondents' Project leader shall provide the opportunity to consult with each other during the revi~w of submittals or modifications under this Part." Respondents are disappointed that EPA has failed to provide any meaningful opportunity to meet or discuss the Agencies' concerns with the revisedRI Report prior to this response to EPA'~ November 6 letter. Respondents believe that the modifications set forth in the Attachments to the EPA's letter of November 6, 1986, are inconsistent with the Order and hereby notify the Agency of the same. Respondents hereby make the following responses to the Agency's modifications contained in Attachments I and III of the November 6, 1986 letter: ATTACH!-'I-ENT I 1. Respondents believe that the Agency's modification requiring submittal of the data base to QA/Qc procedures is inconsistent with the Order. The detailed, time-consuming assessment is unnecessary at this state of investigation, and perhaps will never be necessary. If the reliability of specific data is questioned, a QA/QC assessment is a reason- able means to resolve any concerns with respect to that data. Since the reliability of the data base as a whole is not at issue, the control measures built into the process through split samples and laboratory blanks are sufficient for assurances of general data base reliability. This appr-oach has been used-throughout the RI Report where indi- ,..iduJ.l dJ.tu.points have beell yue~tibned. anyad.dltlonal assessment is costly and unnecessary at this time. Without waiving Respondents' position that they have complied fully to date with all of their Obligations under the Order, Respondents are agreeable to the fOllowing modi- fication. o Conestoga Rovers & Associates will conduct a QA/QC assessment on all data collected during the Remedial investigation. The analysis will consist exclusively of the steps outlined in paragraphs 3, 4, 5, and 6 of Attachment II , o Mr. Kerry Street November 20, 1985 Page 5 to HPCA' s Apr il II, 1985 letter to Respondents and will limited to the following activities: a. A summary of dates when samples and blanks were collected and wer,~ analyzed. , b. A summa~y reporting of matrix spikes and sur- rogates spikes, including sample dilution factors, amount of spike added, amoUnt of spike compound measured in a sample with and without addition of the spike, and percent recovery of the spike. c. A summary reporting of reference sample results. d. based on and QAPP Identification of "out of control" situations comparison of calculated data base statistics target statistics. e. Identification of outliers, identified as compounds, present in a sample at a concentration within ten times the parameter concentration reported in the corresponding blank analysis. f. A summary presentation of mean, standard deviation and 95 percent confidence interval for matrix spike, surrogate spike and reference sample results after removal of "out of control" samples and outliers. g. A summary presentation of field and labora- tory duplicates. h. A summary tabulation of the performance cri- teria for DFTPP and/or BFB for each day the GC/MS was used to analyze samples from this project and a list of samples analyzed on each of those days. The format for reporting the results of this analysis will be in accordance with a sample RI/FS data assessment~ to be provided to Respondents by the EPA. Respondents' data assessment will be submitted pursuant to Section VII.B. of the Order within thirty (30) days after receipt of the sample RI/FS data assessment. The completion of the above- referenced tasks will constitute adequate completion of the QA/QC assessment. o 2. Respondents do not object to the EPA modifications set forth in paragraph 2. However, Respondents do not o Mr. Kerry Street November 2nr 1985 Page 6 believe that EPA's editorial comments contained therein are true or that their inclusion in paragraph 2 is appropriate. While Table 1.1 does not aid in data analysis, it is not misleading. The Table l~akes express reference to both consultants retained on be~alf of Respondents. Further, Respondents believe that there were assurances from the EPA that the QA/QC Plan would be approved. While we believe assurances were made, the statement "without an applicable approved QA/QC Plan" is true. The controversies surrounding the EPA's approval of Respondents' laboratories and the QA/QC is set forth in detail in the correspondence and, therefore, additional reference to these issues in the RI ReportJs redundant. 3. Respondents do not object to this modification subject to EPA's agreement that the referenced "written con- sideration" requirement can be satisfied simply by a letter from CRA describing both the proposed location of the NAPL well nest and the underlying rationale for the proposal. Based on discussions to date with the EPA and the MPCA this proposed well nest will be located in an area where the gray silt layer slopes downward and away from the Pit. 4. Respondents do not object to this modification provided the following revision is made to the second sentence: "The existence of hazardous substances outside the Pit's probable area of influence will be evaluated. Additional consideration will be given to relative contribu- tions, independent impacts and remedial alternatives using the results of the revised waste characterization and the supplemental boreholes described in Respondents' November 13, 1985, letter to the MPCA Director." 5. Respondents do not object to this modification. ... drawn from the NAP~ wells referred to in Respondents' November 13, 1985 response to the MPCA. Respondents do not object to this modification. ATTACHMENT III Respondents and EPA agree that additional tasks required by this Attachment will be submitted pursuant to Section VII.B of the Order. o o Mr. Kerry Street November 2G, 1985 Page 7 A. Major Tasks 1., 2., 3., and 4. Respondents and EPA agree to these tasks as clarified and in accordance with Respondents' November 13, 1985, letter t? the MPCA Director. Respondents will provide in the revised RI report a discussion of the relative contributions of the pit and the Landfill to the overall site contamination. EPA will have the opportunity to comment on the waste characterization questionaire to be created by Respondents and MPCA. 5. Respondents have completed this Major Task by incorporation of the October 30, 1985 MPCA modification to page 56. of the revised RI and MPCA Figure 4. 24B in the revised RI Report. A copy of Figure 4.24B is enclosed with this letter. 6. Respondents have not advanced a "homogeneous con- tamination theory" in their discussion of the relative con- tribution of contamination from the landfill. Rather, Respondents have identified additional source areas within the Landfill, independent of the pit. Notwithstanding the above, Respondents do not object to this modification and will revise Section 6.4.1 to discuss discrete sources of contamination from the landfill. The revision will analyze all RI data collected to date, the Respondents' revised waste characterization section and the additional data to be collected pursuant to Respondents' November 13, 1985, letter. 7. Respondents do not object to this modification. The impacts of leachate seepages will be addressed further in a revision to Section 6.1 of the revised RI Report. The modification will include a figure indicating where leachate seepages are located, a description of leachate seepage flow, consideration of how seepage flow can be isolated, and' ~. from casual con- tact. 8. The Respondents believes that it is premature to consider a detailed final Landfill closure plan at this time. However, the Respondents will provide an evaluation of the present Landfill closure and the effect of the lime sludge located presently on the site. o 9. Respondents believe that they have complied fully with the requirements regarding static water level measure- ments. Exhibit At Part V, Task A, Item 2.b(3) of the Order requires Respondents to conduct at least three (3) sets of o Mr. Kerry Street November 20, 1'85 Page a static water level readings. In fact, Respondents conducted six sets of static water level readings and reported and compared this data with data previously complied in Section 4.3.4 of the revised RI Report. Further, in accordance with Exhibit B, Part V, Task A, Item 2.b.(4) of the Order, Respondents conducted "montAly static water level readings...during the period of the WOE Landfill RI...." The tesults from the monthly monitoring is reported and compares with data previously compiled in the revised RI Report at Section 4.3.4. Notwithstanding Respondents position that they have complied fully with all requirements regarding static water measurements, it is Respondents understanding that, based upon the last sentence of Major Task 9 and conversations with EPA, no additional monitoring is required at this time. ATTACHMENT III(b) --MINOR TASKS l. Figure Report data. This comment correctly identifies an error on 4.18. The error will be corrected in a modified RI and the figure will be made consistent with actual 2. Table 4.0 was omitted inadvertently from Section 4.4 and will be included in a modified RI Report. 3. Agricultural animals will be identified as potential receptors in Section 6.2 of a modified RI Report. 4. Modifications will be made to Appendix B to indi- cate that the extra VOC compounds to be screened by GCMS were addressed by Hazelton. 5. Modifications will be made to Appendix B to identify detection limits for compounds wherever they are not resented in the e . This comment applies specifically to the volatile analysis by GC con- ducted by Pace Laboratories Inc. o Based upon discussions with the EPA and the MPCA, Respondents will address and incorporate Minor Tasks 1, 2 and 3 into a revised RI report prior to the completion of the Pit/Landfill Feasibility Study. Minor Tasks 4 and 5 will be incorporated into a revised Appendix B and will be issued contemporaneously with the QA/QC data assessment referred to in the comment to paragraph one, Attachment I, above. o Mr. Kerry Street November 20, 1985 Page 9 ATTACHHENT n - QUALITY ASSURANCE/QUALITy CONTROL Attachment II to the November 6, 1985, EPA letter reflects claimed QA/QC deficiencies. Although the comments contained in Attachment II ~re not proposed modifications, the following reflects, fcr the record, Respondents' response to the claimed deficiences. 1. Hazelton has advised us that detection li~its for many of the VOC and semi-volatile compounds were raised in accordance with procedures defined in the Contract Laboratory Program (CLP). In addition, CRA has received a letter from Hazelton advising CRA that the procedures of the Contract Laboratory Program were indeed followed. A copy of the Hazelton letter is attached hereto. 2. The general response to this comment is the same as to comment 1 above. A more detailed response to this comment would require identification of specific samples in question. 3, Sample contamination from extraneous sources is identified by reference to appropriate field and laboratory blanks throughout Section 4.4 of the RI Report. However, as identified under the response to comment 1, Attchment I, above, a more detailed assessment of QA/QC data will be per- formed. 4. As indicated in the Respondents' October 16, 1985, response to the MPCA Director, we have investigated dichlorobenzene results and find no reason to doubt the accuracy of the values reported to us by our contractor laboratories. As no QA/QC data on the MPCA results is available at this time, it is not possible to examine the differences from the perspective of the MPCA laboratory. 5. We hav invpst1gMrPn the ref~€nCe8 E~ult3 ~fi6-- determined that the total dissolved solids concentrations were reported correctly in the RI Report. We agree that these total dissolved solids results should be considered inaccurate and that discarding these results should not affect the RI Final Report's conclusions. 6. A more detailed assessment will be performed in accordance with Comment 1 to Attachment 1 above. o Based upon discussions with the EPA, completion of the above tasks and the tasks set forth in Respondent's November 13, 1985 let.ter to the HPCA Director will fulfill all of o Mr. Kerry Street November 20, 1985 Page 10 Respondents' obligations under the Order with respect to the completion of theRI Report, subject only to further discus- sions relating to Modification No. 4 on Attachment I and Major Task No. 6 on Attachment III. Respondents and the .EPA have agreed to confer on th~se two matters during the next two weeks in accordance wi til Section VII.B. 4. of the Order. , Very truly yours, BOWMAN AND BROOKE By Dgd~~~A Attorney for Ford Motor Company FORD MOTOR COMPANY By ?::.~~~v~~ Co-Chair, SW-28 Group cc: Bruce Borgerding, Esq. Robert Falstad, Esq. Alan W. VanNorman, Esq. Mr. Thomas J. Kalitowski o o CONESTOGA-ROVERS & ASSOCIATES LIMITED Consulting Engineers March 15., 1985 Reference No. 1472-50 Response to Request by MPCA/USEPA for Revised Health and Safety Plan for WDE Sanitary Landfill RI/FS prepared by Conestoga-Rovers and Associates Ltd. The provisions of the April 1984 Hickock Plan and letter of June 29, 1984 from Hickock to the MPCA/USEPA were generally followed except as modified in this response. CRA hired the industrial hygiene firm of Industrial Health Engineering (IHE) of Minneapolis Minnesota to provide qualified professional advice on matters of health and safety. Industrial Health Engineering assessed the site conditions and provided appropriate advice to CRA and subcontract field staff. The on-site safety program as defined by IHE and implemented by CRA is summarized in the report entitled "Waste Disposal Engineering Site, Andover, Minnesota, Employee Safety and Health Information Packet". A copy of this report is attached. All CRA and subcontractor employees who worked directly on-site were briefed on the reports contents by IHE and given a copy of the report. CRA's on-site Safety Officer is Mr. Kevin T. Bricknell. Mr. Bricknell directly supervises all on-site activities. In the event that Mr. Bricknell could not be available Mr. Alan Van Norman will assume the responsibilities of Safety Officer. o .C (' o WASTe DISPOSAL ENGINEeRING SITe ANDOVER, MINNESOTA EMPLOYEE SAFETY AND HEATLH INFORMATION PACKET o o o .C" [' '. GENERAL " INfORMAtioN Drilling at the Waste Disposal Engineering Site may expose to the surface hazardous or flammab.le vapors and. liquids. These may be old paint residues and solvents containing substances such as acetone, toluene, styrene, xylene, benzene, 1,1,1- Trichloroethane, 1,1,2-Trichloroethylene and a multitude of other chlorinated and non-chlorinated hydrocarbons. Exposure to hazardous concentratiohs of these materials during drilling operations is possible however, not considered probable. Air monitoring will be conducted by Conestoga-:Rovers with a photo ionization detector and a combustible gas indicator to ensure that air quality and fire potential is at a safe level. 1 c D' O' AREADESiGNATtONS Zone I: Is the hazardous waste c.ontainment trench.( Waste Disposal Engineering (WOE) Pit. This area marked clearly with stakes and flags. Zone II: An area 100 feet of the perimeter of Zone I. This area is enclosed by a snow fence. Zone III: The rest of th~ site as described as that area within the WDE landfill security fence. Decontamina tion Zone.: The zone will occur at the main gate entrance to the WOE site and will provide for the transfer of construction. materials into. and out of the work site. Th{s will also b. the zone in which decontamination of equipment, vehicles, and other types of materials prior to l~aving the work site will be performed. Decontamination of personnel and clothing prior. to leaving the work site will also be performed in this zone. , o 2 ,r--'. \(i '- 0. Zone I & II 1. Rubber boots or impermeable type steel chemical.reaistant soles. Alternatively boots with chemical resistant outer boots. toe boots with ~tee~ toe safety 2. Disposable chemical resistant coveralls. 3. Two layers of gloves, first layer being surgical type and the second being the impermeable rubber or polypropylene type. 4. Full and/or half face respirators with high efficiency organic vapor, acid gas and/or particulate filt~rs. The type of respiratory protection will be dependent upon the concentration obtained by the eRA safety and health officer with the direct reading air monitor. 5. Safety goggles or safety glasses will be worn when half mask respiratory protection is used. Zone' I it 1. Rubber boots or impermeable type steel chemical resistant soles. Alternatively boots with chemical resistant outer boots. toe boots with steel toe safety 2. Chemical resistant coveralls. 3. Work gloves. o 3 f". I ' \... o RESPIRATORY' PROTECTioN All individuals required to we~~ a respirator will have previously. been given a pulmonary "lung function and chest X-ray and have a general medical history to. insure that they are capable of wearing a re~pirator while working. On-site personnel unable to pass' the respiratory fit test will not be able to work iIT the dirty area or decontaminated zone. The respiratory protection is based upon a graduated scale of protection factors depending upon the concentration of substaAce-$'- measured by the direct reading photo ionization detector (PIO). '. Each of the protocols for wearing a specific type of respirator is dependent upon the protection factor afforded and the limitations of each type of respirator. The following procedures will be followed for wearing the various types of respirators in exposure areas: 1. 5 to-2S-~~~: Concentrations of 5to 25 ppm as indicated by the PIO wlll constitute wearing a half mask negative pressure organic vapor cartridge respirator. 2. 25-S0-~~~: Concentrations of 25 to 50 ppm as indicated by the PID will constitute a full face negative pressure organic vapor cartridge respirator. 3. ~i~~f~~-E6~ri'So-~~~: Concentratio~s exceeding 50 ppm as measured by the prD will require wearing an air-line or self- contained apparatus (SCBA). 4. Gr~~f~i-t6~ri-l00'~~~-6i-20i-6f'f6~~~'~i~i6ii6~-ii~i~: Any hazardous waste removal location exceeding 100 ppm for any single reading with the photo ionization detector or 'approaching 20 percent of the Lower Explosive Limit (tEL) indi:-c-a-ted by the cO'llbustibl", YC1"',.i.IIJ.i.cdtor, work wlllbe sout down and evacuated upwind. Wor'k will not resume until the location has been thoroughly assessed and concentrations are found acceptable by the eRA on-site safety and health officer or project manager. o . . 4 o o r---... !. ,. .( RESPIRATOR PROGRAM Negative "Pressure "Harf-Mask Respirators. The hale face piece or half face mask typ. resplrator has a protection factor of 10. This means that the respirator can be ....orn whe.re concentrations are kno....n not to exceed 10 times the Threshold Limi t Value (TLV) for organic vapors or dust, mist and fumes. This respira.tor must be ....or~.in a~m6spheresthat are ri6f oxygen deficientand"the material is not irritating to the eyes or could result in eye damage. piece or' Full Face Respirators. The full face respirator is similar to the half face respirator in that it also must be used in areas ....here an adequate supply of oxygen is available. This respirator has" an additional protection factor and can be ....orn. in areas ....here the concentration of dust, mist, gases and fumes does not exceed 50 times the ACGIH TLV. The eye piece po~tion ....~ll provide protection against m.teria~s ....hich could cause damage to the eyes either due to high vapor solvent exposure or to actual splashes to the face. Self-Contained-Breathiri." A6aratus "or"scot-Air-Pack. This resplrator has aprotectlon factor 0 greater than 10,000. This respir.tor ....ill be used in conjunction ....ith the airline respirator for ....ork involving removal of contaminated material oxygen may be defic:ient~ i.e., less than 19.6% or ....here the toxicity or identity of the material is not kno....n. The Scot Air Pack type respirator may be used for emergency ~nd/or escape purposes. 5 0' o PROTECTIVE-EQUIPMENT"usAGE-PRQCEDURES following procedures have been developed for general da ily applications for working in the' dirty area at the site. 1. Allpcescription glasses in use at the site will be safety glasses. Contact lenses will not be permitted On site within the active work areas. 2. Respirator cartridges will be changed at the end of each shift or upon breakthrough whichever occurs first. 3. Coveralls and gloves ~ill be tightly secured with masking tapeoc duct tape to outer clothing to minimize work expesure to contaminants. 4. All disposable outerwear, gloves, and respirators worn on site will be approved by the CRA project safety manager. The first layer or inner layer gloves will be disposable latex, i.e., surgical type. 5. footwear used on site will be rubber or impermeable type steel toe boots with chemical resistant soles which will be worn in the dirty area or decontaminatipn zones. Alternatively, steel toe safety boots with chemical resistant outer boots can be worn. Disposable outerwear will not be reused and will be removed and placed into disposable containers provided for that purpose. 6 o o . \ '"'. ( PERSONAL 'HYGIENE The following procedures are to be carried out to maintain a high quality of personal hygiene at the removal site: 1. On-site personnel will wear di~posable outerwear, gloves and outer footwear at all times while entering 6r working in the WOE pit Zones I & II. 2. Disposable outerwear will not be reused and will be removed and placed 'into disposable containers provided for that purpose. 3. Smoking will be prohibited except at designated smoking areas .. 4. .Eating and drinking will be prohibited except in a designated lunch or break area. 5. Soiled disposable outerwear will be removed prior to entering the lunch area and prior to cleaning hands. 6. On-site personnel will thoroughly cleanse their hands and other exposed areas before entering the smoking and lunch areas. o o r MINNESOTA EMPLOYE8RIGHTTO"KNOW"LAW Minnesota law r'equires employebs to evaluate their workplaces for the existence of hazardous substances, har'mful physical agents, and infectious agen.ts and to provide training and infarmation to those employees coveced under the law who ace routinely exposed to those substances and agents. Exploratory drilling at the Andover, Minnesota Waste Disposal Engineering site falls under the jurisdictian of this law. Site exploratory drilling may expose to the surface vapo.rs, gases o.r materials which may be hazardous. The camposition .of these materials is unknown. However, site ground watec analysis indicates the presence of a variety of chlorinated hydrocarbons. It is assumed these same chemicals would be cont~ined in the so il . Employees may come in contact with these materials during drilling ar handling samples. Depending upon the exact chemical encountered and its form (liquid, vapor o.r solid) health and safety hazards vary. Ho.wever, acute exposure to chlorinated hydracarbons can depress the central nervous system potentially causing headaches, dizziness, nausea, drowsiness and intaxicatio.n similar to drunkenness. Repeated contact with the skin may cause dermatitis. Cardiac sensitization and kidney inju!="y may result if inhaled in large quantities. Specific chemical health hazard info.rmation relative to some of the most likely chemicals encountered are as follows: 8 o o \... I~ TOXICITY INFORMATION Tc ichloroethy le'ne Trichloroethylene is a colorless, nonflammable, noncorrosive liquid which has a sweet odor characteristic of most chlorinated Trichloroethylene is basically used as a vapor degreasing , solvent. The ACGIH TLV is 50 parts per million (ppml. Exposure to high concentrations of trichloroethylene vapor may cause irritation to the eyes, nose and'throat. If. the liquid is splashed in the eyes it may cau~e burning, irritation and damage. Prolonged, repeated skin contact with this liquid could cause dermatitis. Acute exposures to trichloroethylene dep~ess the central nervous system and could exhibit the following symptoms--headache, . \ \ dizziness, vertigo, tremors, nausea, vomiting, irregular heart beat, sleepiness.. fatigue, blurred vb:ion and ~ntoxication similar to that ~f being drunk. If alcohol is consumed after exposure to trichloroethylene,symptoms could become worse. -9- 1. t.l-Tl'lt:h:1Q("Q~LI" ,- (MeLll)'l C111ucut<.)clllj r> l,l,l-crichlorocthane 1.S a colodcss, flonfLlnUn.ll.Jlc liquid \.lith o an odor similar to chloroform. nasically decomposition products from this chlorinated hydrocarbon can also form \.Ihen in. contact .....ith ultraviolet light OC' heat such as hydrochloric acid and phosgene. This material is also basically used as a dry cleaning agent or vapor d~greasing agent. The ACGIH TLV is 350 ppm. Liquids and vapoC's could be irritating to the eyes upon contact. Mild conjunctivitis, i.e., reddening of the eyes, could occur after contact. Repeated skin contact may also cause dermatitis. Essentially this chlorinated hydrocarbon also causes narcotic central nervous system depression .....hich could include dizziness, incoordination, drowsiness and increase reaction time. These effects are similar to that described for trichloroethylene. Perch'loroethyle'ne" " (Te'l:'r'a'ch'lo'r'o'e"thvTen'e ) Tetrachloroethylen~ or perch is a clear," colorless, nonflammable liquid .....ith a', characteristic odor. It is.~ .....idely used.solvent used again as a dry cleaning ~gent or a'degreasing agent. The ACGIH TLV is 50 ppm. " This chlorinated hydrocarbon may also cause eyes and nose irritation. Repeated contact .....ith the skin may cause dermatitis. Acute exposure' to t'etrachloroethylene vapors may re'sult in central nervous system depression and liver damage. Cardiac sen~itization and kidney injury have been produced in experimental c:> animals. Acute exposures may result in dizziness, headaches, increased perspiration, fatigue, staggering gait and an increase .' in reaction time. Essentially the same types of symptoms as described for the other chlorinated hydrocarbons. l ..../ l ,.... o o F' 1, 2-Dichlor;"0~ttlYlenc Similar decompOsition products such a~ hydrochloric acid could be formed upon contact with hot or ultraviolet light. The ACGIH TLV for dichloroethylene is 200 ppm. Dichloroethylene is used as a solvent for waxes, resins, and is also used in the extraction of rubber,as a refrigerant and in the manufacture of pharmaceuticals and extraction of oils and fats. The liquid can act as a primary irritant producing dermatitis and irritation of the mucous membranes. Essentially the liquid or vapor is a narcotic,causing central nervous system depression which could include headaches, dizziness, nausea, frequent vomiting and intoxication similar to that caused by alcoho~. This material could affect the kidney if inhaled in large con- centrations. Toluen'e Xy'le'ne Both these substances are benezene derivatives and are flammable liquids. They are essentially used as carrier liquids for paints. They have the ability to produce dermatitis d~e to the'defattlng \ \ of the skin. Both of the materials have a sweet type odor. Both toluene and xylene can be absorbed through the skin and both have an ACGIH TLV of 100 ppm. Acute exposure to toluene and xylene could result in central" nervous system depression which could result in the symptoms of headache, dizzine~s, fatigue and drowsiness, incoordination, st~ggering gait and symptoms previously described above. Xylene exposures essentially could result in the irritation of the mucous membranes and aspiration could cause chemical pneumaniti5', pulmonary edema or fluid in the lungs. o - ." o (~ A certain amount of lead and chrome materials were found in water samples taken in and around the WDE site. However, these materials are not expected to be airborne during drilling operations. Additionally, since the respirators will provide protection factors exceeding the ACGIH limits for these materials, exposures to these substances are considered very minimal. -12- .' I r-, ( , (\ WASTE DISPOSAL ENGINEERING SITE o ANDOVER, MINNESOTA INDUSTRIAL HYGIENE AND SAfETY ATTENDEES I have attended a safety meeting cQveFing aspects of the Minnesota Right to Know Law to include personal protective equipment, safe opeFating pcocedures, and the hazards associ~ted with vaFious mateFials which may be pFesent during drilling. I undeFstand these proceduces and am able to don personal Protective equipment such as respicators and othec devices. CkP.-l. ->A~t: rv\\LL~Q...D_ I 2. ';!7/J.J /'~ f/C,J( clLi'-3. ~.'\ br~<..\c.(\.t.I\ 4.,dJ~LC?~ r/d//<?~ :~10;n~P;? //?5jJ / 7 . E N ~ ,~---t ~ / (). ( I <5 ~ / V- a. A.L-<- l\-~- "'/' -I. I'C.' I .. 'e. c. .; l.c: /1 J - ,) IJ __ '. ' 9. ~v-r-~- CS'.'":;Z// ~~' . '-?:" ..' / c~~-lO.(26u't [..(lv\ .f~~~ 11. 12. 1 3. 1 4 . 15. 16. 17. 0 18. 19. A \"(."'-t~/s....fd'"'11 ('esp,,,,,,,+o.r ~~"".\~ D.."\d f'"\,,,...e.s.of..,. R\~~ '\-0 K~ 5~M.l"'-D..V' , \ l' 'C\\ .\ -+;J~ .rL~\"~N +.;+ -+e~3, u.)-~ \r.L"<G\"~ 't" \~. -\ ., , \. ~ ~c.e :>~"\eJ \~10\~~~.1 q\XY'\ ~ } ~ _ 2..\ - ~\.{ I a.;...", ~-t 4-w A.ndc0e /, MI\J. v.J'^~ l>\$t>O~~ ~t;INE6,zttU::r >.TT ~i iZ-- \ tN:\......'" J -r......! vI.b~ i -../ t{~ ~ t""1'....<:ev- Pc ";>?.... . /f;4 0 dt~, -- _, ,...~U -13- y y--t 147Z; HAZLe'tON LABORATORIES AMERICA. INC. o 3301 KINSMAN BLVD, . P.O. BOX 7545 . MADISON, WI 53707 . (608) 241-4471 . TLX 703956 HAZRAL MDS Uo November 11, 1985 Mr. Alan Van Norman Conestoga Rovers and Associates 3585 N. Lexington Avenue Suite 328 St. Paul, MN 55112 Dear Alan, Pursuant to your letter o~ October 18, 1985 regarding elevated detection limits, we examined the data for the list of samples you provided. In each case, the sample involved was diluted due to the presence of compounds detected in the sample matrix at concentrations above the instrument's calibr- tion range. As the sample is diluted to bring these compounds within the calibration range, the detection level of all other compounds are elevated by the dilution factor. If you require any further information, please feel free to contact us. always, if you would like to meet with us either here at Hazleton or any location, we will be more than happy to make those arrangements. And, as other Mark E. Hottinger Client Service Representative cc: Central File MEH/mh o Chemical & BioMedical Sciences Division " ' . ~ t o gv,,1:.4r LI::. ElvJ, 1N l o o A...dcver 8olll~V4r4 WI>E .F'> J'. \ \. \ 'l7JA \. . W2.c. Sovf4, A"'oll<!!r~ S/f-e.s . Wt<:. ~ i6 t( () '" co <:s ~ /31!>T Av~. NW -----,-~ ,. 1 S'MO FT Expf#.lld/M: - - - lint! or~!)6.) witTer (~>,e.1 ff7~, 3 - 'Wd.ter- / eve! f!lella.t/~.... "'uSllred. Sel>~'~"" ;t s-- ot') I'H/S FI~/)r<!; 4. ,).'f[S : S4f-e1>'lba ~5"-~6) 1'f~5' L..OIA.J~r $aNi Pof~",tfo",ef-r"( Lo...-flIVyS A.s.su""i^1 lfof'ra.ol\.1a.( Flow d./ld WI'f D Me~ 5IJre ,.,......f ~e /iCl.b;//Ii' .------: _\ V' .' I.. \ o o November 22 . 1985 @ Northwestern Bell Regulatory Department 200 South -5th Street. Room 3A75 Minneapolis. Minnesola 55.102 RE: H1nnesota Pub11c Ut1l1t1es Commlss1on Docket Numbers P-42l/H-85-647 P-442, P-421/C-85-202 In the Hatter of a Proposed F1llng by Northwestern Bell Telephone Company to Change 1ts Schedule of SpecIal Intrastate Access Charges H1nnesota Count1es and Hunlclpa11tles Served by Northwestern Bell: Enclosed and served upon you, 1n comp11ance w1th Item 6 of the enclosed Order, are the the followIng: 1. Rate Change Not1ce 2. Order SuspendIng Rates, ConsolIdatIng Dockets, and Not1ce and Order for HearIng SIncerely, L/-Y. ~,/ ijtY2b- ~ Keren nsher Superv1sor-Regulatory (612) 344-5680 Enclosures C1J~ 6~~ iV1 cc: M. E. Hennen . . ~ .........-:r..... o Metropoliton Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 Telephone (612) 291,6359 November 21, 1985 Patricia Lindquist, Clerk City of Andover 1685 Crosstown Blvd. NW. Dear Ms. Lindquist: Enclosed is the 1985 Agricultural Preserves Act Status Report. Each year the program has become more successful; however, there is still a significant amount of farmland yet to participate in the program and landowners need to be informed. TheMetropolitan Area has over 160,000 acres of farmland designated as agricultural preserves. I hope you wi 11 find th i s report usefu 1. Please contact Jim Schoett 1 er at 291-6411 or myse If at 291-6533 for addit i ona 1 information. Sincerely, "J.uu:. (' J..ccd. Tori Flood Planning Assistant TF:bm Enclosure ---------~--"---. - - -"--- ..----------------------. ..--- --_.- .._-----~-- .------- ---~._-~---------_._---_._._._....- o. An !:quOI OPPOnUrHty ,Employ'er