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HomeMy WebLinkAboutCC August 2, 1988 o o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - AUGUST 2, 1988 AGENDA 7:30 P.M. 1. Call to Order o 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Liesinger Variance b. Egart Variance c. Red Oaks Manor 6th Addn. Sketch plan d. Red Oaks Manor 5th Final plat e. Lund's Evergreen 5th Final Plat f. Saarenpaa Lot Division g. All-Terrain Vehicle/Snowmobile Ordinance h. Non-Domesticated Animal Ordinance i. Ordinance 8 Amendment j. Ordinance 40 Amendment k. Ordinance 78 Amendment 5. Staff, Committee, Commission a. Septic Failure/Nordeen Addition b. Request Speed Study/Narcissus st. c. Award Bids/Misc. property d. Installation of Fire Hydrants/Fire Dept. e. Approve Junkyard License/ATV salvage f. Resolution Consolidating Projects g. Set August Work Session h. Approve Seal coat plan 6. Non-Discussion Items a. Approve Easement Acquisition b. Refund Escrow/Howard-Tempel Addn. C. Award bid;Woodland Creek 2nd 7. Approval of Minutes 8. Approval of Claims 9. Adjournment o c 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 2, 1988 '-jq. BY:V. Volk ::~9U;O. V AGENDA SECTION NQ Discussion ORIGINATING DEPARTMENT Planning & zoning ITEM Liesinger Variance NO. The City Council is requested to approve a variance requested by James Liesinger to convey ownership of a 33 foot easement to Cecil Heidelberger. Attached is a memo from the zoning Administrator which gives the history of this easement. Also attached is a resolution approving the variance. V:Attach. COUNCIL ACTION MOTION BY TO SECOND BY o CITY of ANDOVER 1685 CROSSTOWN BLVD. NW. ANDOVER. MINNESOTA 55304 o Variance it ~g-O€L. VARIANCE REQUEST FORM Property Address .59dJr~J'JS' C<1,\rJt:fC- i 1f117!O-<J(;'e. a.. 08..J..AL/ () tV f!' " ;. I . ~, i!!: tt-"1 Legal Description of pr~perty: (Fill in whichever is appropriate) f/l}8a:>Tr, ,-", I fA rA Cor tJ1:C Lot Block Addi tion Plat~S-V}, y parcel 5/00 PIN ~YI- 3~ -~'-fL 3J; -(]o 07 . , (If metes and Section of ordinance 3.$ ll-$.''-<,t/, ,/-.&uIJ' 'eJ f)111N~ Yi R-J--r1I'-!J>>.LJ I Current zoning C!. 8 rn m ,E:re. 114 / ********************************************************************** ******* VA IYJ F <:. ~<-<A-/ ( ~~~lfA, /j if (/(c .~. ~ (i?~n /.s " <S' S- </ tJ C: Name of Applicant Address 4r<(7 Home Phone ?01 t) Signatur Business Phone c ... ,,(.~..,A. ,_l,.'\. () ************************************************************* Date~.L ~ 7.2i 8J7 property Owner (Fee Owner) (If different from above) Address <""'" 1 .;) 1"1 nrl F I (' '#11 (f ,) Q..CI.~ Home phone Business phone Signature Date ********************************************************************** o Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and locatiQry and use of existing structures within 100 feet. :){2.c: 5/Cer.::...H ,f'//i"J The names and addresses of all property owners wi~hin 350 feet of the subject property must also be provided. ;; F/: :: 1<r-F: II /- i' r I Application Fee: Single Family - $40.00; Other Requests - $65.00 Filing Fee: $10.00 Date paid ~ Receipt it ~txJ:5-~ o o o (fii~) CITY of ANDOVER \ r\fi' ~""<..l"lEMbRANDUM in Re: Daryl Morey, city Planner d'Arcy Bosell, zoning Administrator Liesinger Variance Request To: From: Date: 28 June 1988 Back in 1970, James and Arlene Liesinger purchased from Cecil C. and Marion F. Heidelberger a one (1) acre parcel (PIN 34-32-24- 31-00007). At the time of the purchase, it was the intent of the seller and the buyer that the Heidelberger's would retain ownership of the 33 foot easement over the west and south property lines. After the sale was affected, a warranty deed was recorded. In 1987 the Liesinger's discovered that the warranty deed recorded gave them title to the 33 foot easements. This was not the intent of either the seller or the buyer so a subsequent Quit Claim Deed was drafted and brought to the Courthouse to be recorded. Of course, the County refused to record the same without the approval of the City, and thus it is here now. Ordinance No. 10, Section 14, Restrictions on Filing & Recording Conveyances, provides that "no conveyance of land to which the regulations are applicable shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961, or to an unapproved plat made after such r gulations become effective." Then there are some exceptions noted but this request does meet any of those exceptions. The next paragraph of this Section provides "In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfer with the purpose of the subdivision regulations, the platting authority may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded...." o The hardship created by this improper warranty deed description is significant. This parcel abuts the Andover Commercial Park and is located where there have been tires dumped and pushed onto the Park property. I have put both the Liesingers' and the Heidelbergers' on notice that they must remove and dispose of the tires that have been placed on that Park property. The tires are Heidelbergers' but they are on Liesinger's parcel (the 33 foot easement) and thus, since Liesinger's are the underlying property owner, they are responsible for the removal and disposal of said tires. o o o The request before the city is to vary from Ordinance No. 10, Section 14, to allow the Liesinger's to record the Quit Claim Deed prepared conveying ownership of the 33 foot easements back to Cecil Heidelberger. Of course, the 33 foot easements do not meet minimum lot sizes for any District and this causes a problem. Hopefully this will clarify the request background for the request before you. further, do not hesitate to ask. d'Arcy and give you some If I can assist you ~.......... ......--. .... .. .......... :::J- -[7~o:\6~': : r'ITY ~ : I "'-L f:I-H 111 i HALL:: ~ I I ~ I i': '-- · \ Y'. ---~--~ I ::.,:III,--i- , :, rr1rr" ~ I :: ,-,.. ! I :, '-' It' l~I=t.{ n , I - ~ : : :: ~.y~ , , ~ ; OAK lIi.~~' .~, I j"ClIV" i -. ~"~ ~!,FI!i!! ~N ' l*' - . r: L_ I vl.I.I.I.I.I.I.... . ---- r----.. I 'HTA'"" il'~ I ~',I !I~ II -- " ~ 1 ' -. ~;. ri .' .....~...""'- / '. '~. . i rl1 .1:: : i I ~IJ'~ ..~.'.. :f'~ l~ I": : . '.,,~. I ............... I I . " . ,,- i:.':... r ~::: . . r,,, :~: .~ - . '\.>'.' '.' "".. -" '.r - ~ -R-=1j", f-- IR-4 i'- e- , I r- : ~...... I I o I I I I ! I I I i J -= ~ j, " " ......... ........ - - I I "I ~ ~ . . <" .... \'\.. . 1.1 I I: : _ )l';Jt~, .~\:j " ~ _ !Jj-... , . /"0.. " -. .1.1.1.1. v0:: : ...........,.1.1.1' . '" y'J'il':' '. . '~""". 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A RESOLUTION APPROVING A VARIANCE REQUESTED BY JAMES LIESINGER TO CONVEY OWNERSHIP OF A 33 FOOT EASEMENT TO THE PROPERTY KNOWN AS PIN 34 32 24 31 0007. WHEREAS, the Planning and zoning Commission has reviewed the variance request of James Liesinger; and WHEREAS, after such review the Planning and Zoning Commission recommends approval of the request citing the follow- ing 1) a hardship is created due to the fact that when the property was bought, it was with the intent that the 33 foot easement on the south and west property lines would remain in cecil Heidelberger's name; 2) it will not adversely affect the existing or potential use of adjacent land; 3) the hardship was created by an impro~er warranty deed; and WHEREAS, the City Council is in agreement with the reasons as set forth by the Planning and zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Andover to hereby approve the variance request of James Liesinger. CITY OF ANDOVER ATTEST: Jerry Windschitl victoria Volk - City Clerk o o Q CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 2, 1988 ITEM Egart Variance NO. '-lb. BY: V. Yolk APPROVED FOR AGE(;~ ( ByJil! , -/ AGENDA SECTION NO. Discussion ORIGINATING DEPARTMENT Planning and zoning The City Council is requested to approve a variance requested by John and Patricia Egart to vary from the setback from the ordinary high water mark of the Rum River. The ordinance requires the setback to be 30 feet from the bluff line and 150 feet from the ordinary high water mark. The Egart's house would be set back 128 feet from the OHWM. The house is not actually on the bank of the river, but on a backwater. V:Attach. COUNCIL ACTION c MOTION BY TO SECOND BY o 0 . CITY OF ANDOVER REQU,EST :F,OR :PLANNING COMMISSION ACTION DATE JUly 12, 1988 AGENDA ITEM Variance 1188-07 (Egart) ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA 6. BY: Daryl D. Morey 1n BY: The Planning Commission is requested to review the variance request of John and patricia Egart. The Egarts are requesting a variance from Ordinance 52 (Scenic River Ordinance), Section 5.02.01(4), Building Setback from Ordinary High Water Mark. A 150 foot building setback from the ordinary high. water mark is required. Ordinance 52~lso requires a 30 ~oot building setback from the bluff line, which the petitioner has listed as the description of the variance on the request form. The building setback from the ordinary high water mark is what is actually being requested to be varied. The site plan originally submitted did not show the ordinary high water mark. An amended site plan will be provided you prior to the meeting. A staff recommendation on the variance request will also be available at that time. C CITY of.ANDOVER 1685 CROSSTOWN BLVD. N.W. ANDOVER. MINNESOTA 55304 o Variance i ~<6 '-07 VARIANCE REQUEST FORM property Address ---1 '1730 Mo./hovh S-t. Legal Description of Property: (Fill in whichever is appropriate) Lot s- Block I ...... Addition J.vYW(/()(J PIN IY' "dJ. i'/33 E s t"t,r o oa 2. Plat parcel (If metes and bounds, attach the complete legal) Description of Request AI/eel,} A.()uJ(. "'-.JJ J~(..l, t Ie 30' fro"" EluFP /iwe N (t() ;,J 0 tJrr fa (J (J ,;str (/ uf h <YM (! ON 11 U it Jo,6/e IJd'" t6 JJ of' I "t I Current zoning o....JJ /l /" / vd I Specific Hardship Sent ~J J'YFi'tM , Section of Ordinance ********************************************************************** Name of Applicant . ~h'1.J~ft r r- Address 5"0 I '{ - I Yi ~..fL L4tlhJ N vJ A no 1:..'"'-" M tJ 55:S0 3 Home Phone 75"3,-)').;1 <f' Business phone 1f3o-'{L/54 s1 go. tu,. -fJrA..- &.. -{j"~ D. t. {" -d- q[ - It V ********************************************************************** Property Owner (Fee Owner) (If different from above) 00vM e Address Home phone Business Phone Signature Date ********************************************************************** o Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and loc~tion and use of existing structures within 100 feet. The names and addresses of all property owners within 350 feet of the subject property must also be provided. Application Fee: Single Family - $40.00; other Requests - $65.00 Filing Fee: $10.00 Date Paid ~ Receipt i '2-~033 ,\ ~' I -r-T -- #-.ji~'\'~-L t;..r' - Hi- ~ -1- - - -.!t - ~ -, /1, , . , t:- , -I - >-- .-.Nt." -. /~ - - I-- -.'9 TZ-' - H/ I / ./ ~'NB ~'\'.: 1- 1~'....,.... - -((-,'1"':::/ i~#I. , ! -L : ~~: ~ - -- r IH' ~I~ . . ' 4 - ';; '"'-~~~ i5ll/ . '-~.8r.'171:1~;:~' ,:Jf.~ ':' ~~j __ >>;.... './ I "l, ~ Ii ',iI.'1J:l/';'!'FI - '$" V''--; ~ == - I v~~ "f/.''0"" . .. L..:_ ~ ,11 ' == = ~ ~ '\'\~?-1 ' ,;: .~, ,ll' - ,--- 'j ~"';v' ~ ~ NPJA;" ~iA1q;'.. I ~ I - F- . ~ ....... . '~i' "I' L' W If-::.' Vl-'- :A f-+'-I;--- -...,J-\;.::r-t---- r-,- ~ ~T' !:: ~ . :- \:\/:::7" ~:: I r ,~t/-"",'." l ~), ;; I :. ~~... :::..:::~t::::t-:::::::~..:....."",r.:':-,--,:::,,,:,,:,,,,, ,: :: 1 l;A " ; ~ " n A ~:': ~, ~ _ R--' 'r . ....ni'. -r I . '1,,$, I.,,- I . I ~! 'j -:\6' 1 I I I I LOCATION ~h :--"" ... ~ ~ :-J~", ',. 1.7 ~~~~~ ~'''rir- v 7' A'~' ~("-~. .11~ ~'a. ~ r-.!J - . ~\a','1 ~' "'1' . .", l/'.l . ~ -I' ,- Ii.. . '" I . ...,11 -". I', I .' t. ' I, ,... .J- r .. -.I-""'\: " J .. .' ...v".. --. H:t ~ : . . '1R-1 I ~ o liNG MAP LEGEND R-1 Slngl -FamllyRural R-2 Slngl -Family Eatate R-3 Single-Family Suburban R-4 Slngl -Family Urban R-1* Manufaetur d Housing M-1 Multlpl Ow IIIng(Low Density) M-2 Multlpl Ow IIIng LB Limit d Bualneaa NB Neighborhood Bualneaa se Sh pplng enter GB G n ral Bualn.sa :-:/ . ( .. . rr,. : L'UNtI'S .. iT _/~KE. 'E~[!~ -; ,"r",. r- . "'-'......... I 1:1 ,." I . .J I. r-~ "':1 I .. "ij' .\- .-- n ... . R-.lj/ ~ f"'nI -- . II- ~ l~ r~' I I I I " '1" 8 :7"4 "L!': . ,. -. NB p M--2 GB ~ I . Industrial o GR G n ral R er atl n Se nle Rlv r ./ ./ ./ Agricultural Pr 8 rv ~~\_~ o ~ ~ ~ o o o N ~ , .. . ~ ~ /C~~ ~,} /' ~ ~.~~'... ..s-'IS"Jft#c .' ;.,/;..,..... ",> ;'....."'"::--..~~' .c. ~~_ _[\.. _ '--;fl. ........., ..... J"1~.f .........,.. : /-. .....fV" "-..z '. ./ i-......-.. 1........ ~v ~~ ~ o RUM " ........... /~ . ...... ... I. - I , ~- / "YO,," (..2) / / / / ~.. .... (~) 3 1/) .... '. ."'\ '0, ". . 0--,<:'1 .~'&) ; w.l: /)7/ /t. ...: . fN5C.".9I1~ : o @ o o ~ o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R A RESOLUTION APPROVING A VARIANCE REQUESTED BY JOHN AND PATRICIA EGART FROM THE REQUIREMENTS OF THE SCENIC RIVER ORDINANCE SETBACK REQUIREMENT OF 150 FEET FROM THE ORDINARY HIGH WATER MARK TO 128 FEET ON THE PROPERTY LOCATED AT LOT 5, BLOCK 1, IVYWOOD ESTATES. WHEREAS; the Planning and zoning Commission has reviewed the request of John and Patricia Egart for a variance from the Scenic River Ordinance; and WHEREAS, as a result of such review, the Planning and zoning Commission recommends approval of the variance citing the following: 1) the home will not actually be on the bank of the Rum River, but will be on a backwater; 2) it would not be contrary to the full intent of the ordinance to protect the Rum River and the visual sightings from the visual level; 3) it would allow the property owner the best use of the property which has physical limitations due to elevations and low spots; and WHEREAS, the City Council is in agreement with the recommendation of the Planning and zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve a variance requested by John and Patricia Egart for the property known as Lot 5, Block 1, Ivywood Estates. CITY OF ANDOVER ATTEST: JERRY WINDSCHITL VICTORIA VOLK - CITY CLERK o o 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 2. 1988 ORIGINATING DEPARTMENT AGENDA SECTION NO. Discussion I Engineering .{~~ ITEM NO. MOTION BY TO FOR Red Oaks Manor 6th Addn. Sketch Plan BY: Todd J. Haas BY: The City Council is requested to review the proposed sketch plan. The Andover Review Committee (ARC) has reviewed the sketch plan and their comments are as follows: General Comments: * The proposed sketch plan is located in a Limited Business ,(LB) zoning district. The Andover Comprehensive Plan indicates the property to LB. To rezone the property to R-4, single family urban, the Comprehensive Plan would have to be amended and approved by Metropolitan Council and the Andover City Council. * The street and lot layout of the proposed sketch plan is generally acceptable. A problem occurs with street layout. The proposed Quinn Street does not line up with the future Commercial park. It is recommended by ARC to have the street in the Commercial Park moved to the west to provide a full intersection. Doing this may create signalization which will provide better channelization and traffic control. See attached drawing. other Comments: * The proposed cul-de-sac length exceeds the maximum allowed of 500 ft. See Ordinance 10, Section 9.03(g). The proposed cul- de-sac does provide a buffer from the junk yards. The ARC is concerned about the grading. It is recommended to blend the grading in with the Red Oaks Manor 5th Addition. * COUNCIL ACTION SECOND BY o o o o The Planning and Zoning Commission reviewed the sketch plan and their comments are as follows: 1. There was some concern in regard to the existing LB - Limited Business zoning. The Planning and zoning Commission felt it is difficult to rezone this property to R-4 because of the hard work already put into rezoning the property to the existing LB District. But, on the other side, it does appear reasonable to rezone to R-4. The property to the north is zoned R-4 and the property to the west is zoned R-4. 2. The Planning and zoning drawing. SEE ATTACHED. drawing is that many of lot depth of 130 ft. Commission did present an alternate The problem with this alternate the lots may not have the required - " -0 \ \,,!: - ~~', - -1-'- -' z ,- . ~- 1:"- -.. z I ~ ';ex.: ,'.; :;.: ' ,1-,) <." _. ,- O' ,- f', ,- o - ....""t' ~ -- ...__r/ .~,:';:;ol p , \ "" '-. ' "~~ ,., v ,.....-- ,U ',\ " \ .' , i: 1. !. , ... ,., -"11" . III' ..' , --' JLSON 1 '1 1 j 1 1 1 1 1 I ----r- I I I I I SSP IN' CONTR, o ANDOV KURT " '~-." 'r: , ., I . ....-.,1 1.: o ~~: :1 . __.0\--- ___:2:' . ... ~. I J. .... -:1 " ; '.::S t ,,-,""~ I '0' - ," .-- II "\1 ,,'" , ..~ ...._ -,-I 1 " \ " /1 ~~"/l<< '''~ "\ ~ , \ ".. '-. ~ ", \; '-.... __ "t \ \ \ "\ , \. \ , I !. .. '_'~' J ......._tiJ.f I. , '. ", ,,, lit _..,_1('"-:1- _."--- .,..... .. JLSON , . , , , .. , , , , JAME.S & ^"'LENE ffi LlESlNGER C) ([ w m .J w o iij I ----r- I I I I I KURT :. : I" ..~~~ ~ o o 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 2. 1988 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED FOR NO. AG Di Engineering ~{~ ITEM NO. Red Oaks Manor 5th Addn. Final Plat t:rd BY: Todd J. Haas The City Council is requested to approve the final plat of Red Oaks Manor 5th Addition. - The final plat is in conformance with the preliminary plat. It is recommended that the plat be approved subject to the following: 1. The City Attorney presenting a favorable title opinion. 2. Security to the amount of $2675 to cover legal, engineering, st~eet sign and installation costs. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer. 4. Not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (15% of the total cost for the improvements for the property {streets, utilities, etc.}) and a contract for improvements awarded. COUNCIL ACTION MOTION BY TO SECOND BY o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF RED OAKS MANOR 5TH ADDITION AS BEING DEVELOPED BY THE MENKVELD COMPANY IN SECTION 34, TOWNSHIP 32, RANGE 24. WHEREAS, the City Council approved the preliminary plat of Red Oaks Manor 5th Addition; and WHEREAS, the developer has presented the final plat of Red Oaks Manor 5th Addition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Red Oaks Manor 5th Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable title opinion. 2. Security to the amount of $2675 to cover legal, engineering, street sign and installation costs. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer. 4. Not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (15% of the total cost for the improvements for the property {streets, utilities, etc. }) and a contract for improvements awarded. 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 Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Jerry Windschit1 - Mayor ATTEST: <:) Victoria Vo1k - City Clerk o C CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE Auqust 2. 1988 ORIGINATING DEPARTMENT Discussion Items Engineering --(5~ FOR ITEM NO. Lund's Evergreen Estat 5th Final Plat 4e. BY:Todd J. Haas The City Council is requested to approve the final plat for Lund's Evergreen Estates 5th Addition. The final plat is in conformance with the preliminary plat. Park dedication fees have been paid in full. It is recommended that the plat be approved subject to the following: 1. The City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer signs a development contract with escrow for the uncompleted work (streets, lot grading, etc.) which is to be determined by the City Engineer. Escrow is 1.5 times estimated costs. Note: It is recommended not to sign the plat until the pr.oject is complete. COUNCIL ACTION SECOND BY o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE FINAL PLAT OF LUND'S EVERGREEN ESTATES 5TH ADDITION DEVELOPED BY JAMES LUND COMPANY IN SECTION 9-32-24. WHEREAS, the City Council approved the preliminary plat of Lund's Evergreen Estates 5th Addition; and WHEREAS, the developer has presented the final plat of Lund's Evergreen Estates 5th Addition; and WHEREAS, Park dedication fees have been paid in full. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Lund's Evergreen Estates 5th Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer signs a development contract with escrow for the uncomplited work (streets, lot grading, etc.) which is to be determined by the City Engineer. Escrow is 1.5 times estimated costs. BE IT FURTHER RESOLVED citing the following: 1. Variance for Lot 1, Block 1; Lots 2-7, Block 2; Lots 2 & 3, Block 3; Lot 2, Block 4; for lot size pursuant to Ordinance 10, Section 9.06 a(3). Adopted by the City Council of the City of Andover this , 19 day of CITY OF ANDOVER Jerry Windschitl - Mayor ATTEST: Victoria Volk - City Clerk o o 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auoust 2. 1988 ITEM NO. Saarenpaa Lot Division <-II:. 1 I ' BY:James E. Schrantz BY: AGENDA SECTION NO. ORIGINATING DEPARTMENT APPROVED AGENDA Di Engineering The City Council is requested to consider the lot division that Saarenpaa has presented staff for approval for recording. The attached drawing is not what was believed to be approved and agreed to at the meeting. Mrs. Saarenpaa has advised us that she didn't agree to anything at the meeting. Concerns: 1. Future extension of 153rd Avenue. 2. Every property should pay for street. I believe this 5 acre parcel ~hould be charged a driveway permit fee to equal the assessments paid by Nightingale Estates lots. MOTION BY TO COUNCIL ACTION SECOND BY .0 : lii "'.~..H! ... .;~...'. " ~ .. 4" . . ~ .c::~' .... . ~ 1JIj,f >>' .' .., .. .' . '~. I fi I x .. ~ L .. ' ~:.'~ * ,-' j ,1".:-,"',' ~!d '. ~. I:.';L . ~_t7:;' Z:~'.": ~:~,.~~~rs;~: . . .' .... '{Ii~:, " '. ,J(, /' "';';"." . 't. . ("", \; ;'.-l ~\ :"... './ .:'J ..; t..,>r ':., .:-;f\'~' .." '.f~'''~; ~:,~. < '."~~'~~" ,.~::~.~/.~:~;~ U' ;~f ..; ~:;.;.. ~i. . "l; 'i' -' >.- . '.. '. .,' ~":<~:: ,"- ,.:,;:?'::>~'/':;;:. wi. ..;'J ,. J..' .i.... . .- ~.~~......; ..... . . ... >.:..:;~[ .~.,,~.:i::, ,,(;~{;r ...J .--, '. .~ '( :::r~~~f.. ~'" '. :"-,! ;'j" tI). '.: ) laJ. '.- l) " : -', :.'. ~~.\ q; ~ . .~,,! . '~.~'~:' ._. l."- ". " . :"'.. .:,.", III q o 601 i-oN 1 '1.0f,OOoO '$;.r~.. ., ....... ?) 1 \,. .,':," o .. o .. ',', \a-- . /-g . I fr .... i '., ," .. :". '; , '. "f ,)..' " ~:~ u.\ i~) . .... . ...~ . '" .. ,,~. .. . 0 .. !l~ wl ill .. !:' i.'.\ en ,. -. "~:'~' ~(, '~i...: . ..;.~ .' 'i. \" .. t",'; , .. .' ~ ..; " ~.." .... t., .1., ;.:.. ....\ <1". ..1 ,-,,: ',. .:-:'. " I.:.'.... \ .... ,.. ..- . ::. :~~ .... "1~. . "1 . . ,., .... .., .Z.' ...... .... :~.;.....' ~. . . ' " . 8:>~ ," () - . ~ .. '\.: . ; :, . ~, .' <.....:. '. . .~{::!~.:: .~' ".f., .\.' ';","" .(.....:,t ..jli: : ".: .' \..' ., '.'; t..... ~}: M; .' ~r:..I'. pDoeJ" ' .'. . 0, .. ..#:.",' ~. '! . : ~. ::.J.'14.. _i. ....,. ., ....'':'. ;'., :..' ::>:~A;): '..,.' "'. :.'. L '.' :\'. '. '.... 'i ", ". \. '. ""1-,,' :.' .... ',lr;" iii. , .. t. !~!:~! ;..... .:' t . .,~. '. '" . .!" ....,. .# #. . I.! fr ..~:. .' ..,. ,. ,'>";i~~1~i~ ~ r ~ .; ~ :,. ~.' .~ ,of '. ,c' '. . f .. ."1'~'. . : '~~.";' .~. ,..:."'~ ,11 ....,...' ..':':.' c o o Regular CIty Council Meeting June 21, 1988 - MInutes Page 2 WOODLAND CREEK 2NOADDITION FINAL PLAT MOTION by Elling, Seconded by KnIght, that we approve the fInal plat of Woodland Creek 2nd as being developed by Lawrence B. Carlson, Pr sIdent of Woodland Development Corp, in SectIon 28, 29, 32 and 33, TownshIp 32, Range 24, as presented. Delete Item No.5 and No.1. (See Resolution R127-88) DISCUSSION: Byron Westlund, Woodland Dev lopment, stated the Corps of Engineers permit Is not needed for thIs plat. He explained a meetIng was held last week with the US Fish and WIldlife Department and the Chioago EPA regarding the permit for the lowland. He has been Informed they will have that permit no later than July 8, though that does not affect thIs portIon of the plat. MotIon carrIed unanimously. SAARENPAA SKETCH PLAN Mr. Haas stated the property owner Is not interested In developing the prop rty but wants to develop metes and bounds. The Intent of NIghtengale Estates was to get 153rd Lane from the 3rd AddItion to NIghtengale Street. CouncIl expressed concern that there would be a road alIgnment problem If It were developed by fIve-acre metes and bounds. Betty Saarenpaa stated she orIgInally submItted a sketch for a future plan based on splIttIng only a portion to buIld on. The PlannIng and ZonIng ConunIsslon stated the road must be put In all the way tht'ough, so they abandoned the plan. For now they Just want to take a lot off eIther NIghtengale or 153rd. She saId they were also told they cannot buIld on 2 1/2 acres. Mr. Haas thought that was because the parcel must have 300 feet of frontage, so a road would have to be built If It was a 2 1/2-acre parcel. CouncIl dIscussed the situatIon and felt it could be platted with only a portIon of the road constructed. Ms. Saarenpaa stated they do not want to go through the expense of plattIng at thIs tIme. Mr. Schrantz was concerned about someone gaining access onto 153rd that did not pay for the road assessment. Attorney Hawkins advised the road was paId for by the developer, and the CIty has no authorIty to assess any other abutting propertIes. It was then sugge~ted 300 feet of road be constructed from the temporary cui de sac on 153rd. Ms. Saarenpaa could then spilt off 2 1/2 acres for her buIlding site and retain the rest of the property for future use. The road would have to be brought up to grade plus th dedicatIon of road easements. o . I / o o G o Regular CIty CouncIl Meeting June 21, 1988 - MInutes Page 3 (Saarenpaa Sketch Plan, ContInued) Ms. Saarenpaa stated that was their origInal Intent, but the Planning CommIssion said they could not do that. The CouncIl stated yes, she can. The future ~Ian would show that the road would come through, but she has no obligation to build It now. A lot spilt can only be done once every three years, but she can do a 2 1/2-acre lot spilt. Ms. Saarenpaa was agreeable to constructIng the 300 splitting off a 2 1/2-acre parcel for her homesite. noted she would be responsIble to brIng the road to If there Is a gap In there. feet of road and CouncIl also her property line ORDINANCE 53 AMENDMENT Mr. Morey revIewed the Planning CommissIon's proposed changes to the Dog OrdInance, which basically adds the threat of attack to an actual attack. Councilman Elling thought exotic anImals was to be Incorporated Into thIs ordInance. Mr. Morey stated he made that proposal, but the Planning CommIssion felt It should be a separate ordInance. MOTION by Orttel, Seconded by Apel, OrdInance No. 53, an ordinance repealIng OrdInance No.5, OrdInance No. 14, OrdInance No. 20, OrdInance No. 38, as presented. MotIon carried unanimously. (There was further dIscussIon on thIs ordInance later In the meetIng.) CROSSTOWN BOULEVARD VARIANCES MOTION by Orttel, Seconded by EllIng, a ResolutIon approvIng variance requests by the CIty of Andover for front yard setback for propertIes located at PIN 33 32 24 11 0010, PIN 33 32 24 11 0009, PIN 34 32 24 22 0025, PIN 33 32 24 11 0006, and PIN 34 32 24 22 0007 as presented. (See ResolutIon R128-88) Motion carried unanImously. MINNESOTA INTRASTATE SPECIAL USE PERMIT Mayor Wlndschltl stated because he was not at the last meeting, he would vote present on any Item pertaining to thIs Issue. He summarIzed the posItIon of WIllIam Barbeau, DIrector of the OffIce of PIpelIne Safety, as noted In the June 16, 1988, letter. and per hIs phone conversatIon wIth Mr. Barbeau. The Mayor contInued that the Off Ie of PIpelIne Safety was dIrected to develop a model pipelIne set back ordInance for munIcIpal adoption by August, 1989. That model suggested a mInImum ~etback of 150 feet from a dwellIng. o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 2, 1988 AGENDA SECTION NO. ORIGINATING DEPARTMENT APPROVED FOR AGEN~A/'Q BV'~ / Discussion Items Planning ITEM NO. All-Terrain Vehicle/ Snowmobile Ordinance4h BY: Daryl D. Morev ...) The City Council is requested to approve the attached ordinance regulating the operation of all-terrain vehicles and snowmobiles. The Planning Commission recommends approval of this proposed ordinance. Please Note: Since Daryl did this item, we received the attached letter from Bill with his comments. COUNCIL ACTION SECOND BY ;- - .}:....;~.r.,.~.\......,;:,.'t.':.;,~1.!.....,;i..,.:i.;.i.~.'..'..~..\,'...r~"..~...:',:...."L~.?'.'~,..~.l.:~,~~..,;,..':.~.'.i,.:,.,-_~.,.,;,.t..;:::, \X,i:;:,~J..~;d~ ",.1-'\- - - ,." ,'- '-:' _ - '::'r"'>""(;:::(~~:~:2r(: ,';; ,-- : '~', .. -,,',,""h "..;',:-:\> o LAW OFFlCES OF Rurke nlld Jlnwkill$ SUITE 101 299 COON RAPIDS BOULEVARD COON RAPIDS. MINNESOTA 55433 PHONE (612) 784-2998 JOHN M. BURKE W1LUAM G. HAWKINS BARRY M. ROBINSON July 27, 1988 Mr. Daryl D. Morey Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 Re: Proposed Snowmobile and All-Terrain Vehicle Ordinance Dear Daryl: I have reviewed the proposed All-Terrain and Snowmobile Ordinance. I have several comments in regard to same. In the heading of the ordinance you indicate that the City is adopting by reference Minnesota Statutes 84.92 through 84.929 and 84.18 through 84.90. These are the statutes that govern the operation of snowmobiles and all-terrain vehicles and already apply to the operation of these vehicles in the Ci ty. Under these two sec- tions the State statute does give the cities the additional right to regulate the operation of snowmobiles and all-terrain vehicles on public lands, waters and property under the city's jurisdictions and on streets and highways within their boundaries. Accordingly I would recommend removing all the language about incorporating by reference the sections of the State statute in the heading of the ordinance that are already appl icable. Under Section 3 I note that Section 3-A does not prohibit the operation of snowmobiles upon public lands or property under the jurisdiction of the City. Is this an oversight or is it the intent of the ordinance to allow snowmobiles on parklands and city right-of-way. o The remainder of the property is merely a currently in effect. adoption. ~. ~llliam G. Hawkins ordinance governing operation on public recitation of the State statute which is As such I see no problem with its WGH:mk o o o CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE ADOPTING REGULATIONS FOR THE OPERATION OF ALL- TERRAIN VEHICLES AND SNOWMOBILES WITHIN THE CITY OF ANDOVER, AND INCORPORATING HEREIN BY REFERENCE AS IF SET OUT IN FULL, MS 84.92-84.929 MINNESOTA ALL-TERRAIN VEHICLE LAWS AS AMENDED BY THE 1986 LEGISLATURE, AND MS 84.81-84.90, MINNESOTA SNOWMOBILE LAWS AS AMENDED THROUGH THE SECOND SPECIAL SEssioN OF THE 1981 LEGISLATURE. The City Council of the City of Andover hereby ordains: SECTION 1. DEFINITIONS. A. ALL-TERRAIN VEHICLE - a motorized flotation-tired vehicle of not less than three (3) low pressure tires, but not more than six (6) low pressure tires, that is limited in engine displacement of less than 800 cubic ~entimeters and total dry weight less than 600 pounds. B. OPERATE - to ride in or on and control the operation of an all-terrain vehicle or snowmobile. C. PUBLIC LANDS - public parks, playgrounds, trails, paths and other recreational areas and other public open spaces; scenic and historic sites; schools and other public buildings and structures. D. RIGHT-OF-WAY - a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses. E. ROADWAY - that portion of a highway improved, designed, or ordinarily used for vehicular travel. F. SNOWMOBILE - a self-propelled vehicle designed for travel on snow or ice steered by skis or runners. SECTION 2. OPERATION ON PR1VATE PROPERTY. o No person shall operate an all-terrain vehicle nr snowmobile on lands not owned by the person without the writlan or oral permission of the owner, occupant, or lessee of such lands, provided that in the case of oral permission, the owner, occupant, or 'lessee of such lands is present. Q Q SECTION 3. OPERATION ON PUBLIC PROPERTY. o A. No person shall operate an all-terrain vehicle within the right-of-way of any trunk, county state aid or county highway, or city street within the City of Andover. B. No person shall operate an all-terrain vehicle within the City of Andover upon public lands or property under the jurisdiction of the City of Andover. C. No person shall operate a snowmobile upon the roadway, shoulder, or inside bank or slope of any trunk, county state aid, or county highway within the City of Andover, and in the case of a divided trunk or county highway, on the right-of-way between the opposing lanes of traffic. D. On right-of-way designated for City streets, snowmobiles shall be permitted only on the shoulder of the roadway, or in the absence of an improved shoulder, on the righthand-most portion of the roadway, and in the same direction as the street traffic on the nearest lane of the roadway adjacent thereto. E. No person shall operate a snowmobile within the right-of~way of any trunk, county state aid, or county highway between the hours of one-half hour after sunset to one-half hour before sunrise, except on the right-hand side of such right-of-way and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto. F. A snowmobile may make a direct crossing of a street or highway at any hour of the day provided: 1) the crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing. 2) the snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway. 3) the driver yields the right-of-way to all oncoming traffic. 4) in crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway. 5) if the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. o 6) a snowmobile may be operated upon a bridge, other than a bridge that is the main traveled lanes of an interstate highway, when required for the purpose of ~voiding obstructions to travel when no other method of avoidance is possible; provided the snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made within 100 feet of the bridge, and the crossing is made without undue delay. o Q o G. No person shall operate an all-terrain vehicle or snowmobile within the right-of-way of any interstate highway or freeway within the City of Andover. H. An all-terrain vehicle or snowmobile may be operated upon a public street or highway other than as provided by paragraph F in an emergency during the period of time when and at locations where the condition of the roadway renders travel by automobile impossible. I. It shall be unlawful for any person to drive or operate an all-terrain vehicle or snowmobile: 1) at a rate of speed greater than reasonable or proper under the surrounding circumstances. 2) in a careless, reckless, or negligent manner so as to endanger or cause injury or damage to the peison or property of another. 3) without a lighted head and tail light when required for safety. 4) while under the influence of an alcoholic beverage or a controlled substance. 5) i~ a tree nuisery or planting in a manner which damages or destroys growing stock. SECTION 4. PENALTY. Any person, firm, corporation, or voluntary association which violates any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as defined by state law. SECTION 5. EFFECTIVE DATE. This ordinance shall take effect and be in force upon its passage and publication as required by law. Adopted by the City Council of the City of Andover this day of , 1988. CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor o Victoria Volk - City Clerk o o 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO, DATE Auqust 2, 1988 ORIGINATING DEPARTMENT ITEM NO. Non-Domesticated Animal Ordinance 4h BY:Dar 1 D. More Discussion I Planning The City Council is requested to approve the attached ordinance regulating the keeping of non-domesticated animals. The Planning Commission recommends approval of this proposed ordinance. COUNCIL ACTION MOTION BY TO SECOND BY o o c o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE REGULATING THE KEEPING OF NON-DOMESTICATED ANIMALS IN THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: SECTION 1. DEFINI~IONS A. NON-DOMESTICATED ANIMAL - any animal, reptile or fowl, which is not naturally tame or gentle but normally is wild in nature or disposition and which, because of its size, vicious nature or other characteristics would constitute a danger to human life or property. SECTION 2. ANIMALS PROHIBITED , No person shall keep, maintain or harbor within the City of Andover any of the following animals: 1) Any animal or species prohibited by Minnesota or Federal law. 2) Any non-domesticated animal or species, including but not limited to the following: a) Any skunk, whether captured in the wild, domestically raised, de-scented or not de-scented, vaccinated against rabies or not vaccinated against rabies. b) Any large cat of the family Felidae such as lions, tigers, jaguars, leopards, cougars and ocelots, except commonly accepted domesticated house cats. c) Any member of the family Canidae, such as wolves, foxes, coyotes, dingoes and jackals, except domesticated dogs. d) Any poisonous viper. e) Any other animal which is not listed explicitly above, but which can be reasonably defined by the terms in Section 1 of this ordinanre. including but not limited to, bears and badger~. SECTION 3. SELLING PROHIBITED No person shall offer for sale, within the city limits, any animal prohibited in Section 2 of this ordinance. o Q c:J SECTION 4. EXCEPTIONS A. Any person desiring to keep animals prohibited under Section 2 of this ordinance shall obtain a temporary permit from the city. Such a permit may be issued for a period not to exceed thirty days and shall specify further conditions under which such animals shall be kept. provided, however, that no such permit may be issued unless such prohibited animal is brought into the city for entertainment, exhibition, show or promotional purposes only. A public zoo or other institution engaged in a permanent display of animals may be issued a special use permit provided applicable zoning requirements are met. B. Non-poisonous snakes, birds kept indoors, hamsters, mice, rabbits, gerbils, white rats, guinea pigs, chinchillas, or lizards, and similar small animals capable of being maintained continuously in cages are also exempt and do not require a permit. C. Persons keeping animals for a public zoo as volunteers, docents or otherwise, any bona fide research institution or veterinary hospital are exempt from the permit requirement; provided protective devices adequate to prevent such animals from escaping or injurin~ the public are provided. D. Handicapped persons keeping monkeys trained as household helpers are exempt from the permit requirement. SECTION 5. IMPOUNDING OF NON-DOMESTICATED ANIMALS Any non-domesticated animal kept in violation of this ordinance may be impounded by the city, and, after being so impounded for ten (10) days or more without being reclaimed by the owner, may be destroyed, sold, or otherwise disposed of. Any person reclaiming any such impounded animal shall pay the costs of impounding and keeping the same. SECTION 6. EXISTING NON-DOMESTICATED ANIMALS Any non-domesticated animal which is being kept or maintained at the time this ordinance is adopted may be impounded if the keeping or maintaining of said non-domesticated animal is determined by the City Council to be a threat to the public health, safety and general welfare. The person or persons keeping or maintaining any non-domesticated animal that has been determined by the City Council to be a threat to the health, safety and general welfare shall have ten (10) days in which to comply with the provisions of this ordinance. Extensions beyond ten (10) days may be granted for jlJSt cause by the City Council. <:) SECTION 7. PENALTY Any person, firm, corporation, or voluntary association which violates any provision of this ordinance shall be guilty of a o o o o misdemeanor, and upon conviction thereof, shall be punished as defined by state law. SECTION 8. EFFECTIVE DATE This ordinance shall take effect and be in force upon its passage and publication as required by law. Adopted by the City Council of the City of Andover this day of , 1988. CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor victoria Volk - City Clerk o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE Auqust 2, 1988 ORIGINATING DEPARTMENT Discussion Items Planning FOR ITEM NQ Ordinance 8 Amendment '1,' BY:Daryl D. More The City Council is requested to approve the attached amendment to Ordinance 8, the zoning Ordinance. The Planning Commission recommends approval of this amendment. The subjects addressed in this amendment are as follows: 1. Add definition of Undue Hardship to Definitions (Section 3.02). 2. Imposing a limit of two accessory buildings per lot in residential districts (Section 4.05). 3. Changing the woiding "thoroughfare" and "major arterial" to "arterial" as stated and defined in the comprehensive plan. Setting setbacks from arterials at 40 feet in residential districts and 50 feet in business and industrial districts (Sections 4.15 and 6.02). 4. Changing the neighbor notification period for a special use permit from seven days to 10 days prior to the date of the public hearing at the Planning Commission as stated by state statute (Section 5.03). S. Adding notification of neighbors within 350 feet of a variance request within 10 days of the scheduled Planning Commission meeting date. Incorporating the hardship wording from state statutes into the zoning ordinance (Section 5.04). 6. Changing the lot width requirement for a residential lot in an R-4 district from 80 feet to 90 feet and corner lots to 100 feet (Section 6.02). 7. Eliminating the provlslon that allows a garage to be placed within six feet of the lot line in an R-4 district. COUNCIL ACTION MOTION BY TO SECOND BY o o o o 8. Changing the date that rezonings, special use permits, and variances are placed on the City Council agenda after a recommendation is made by the Planning Commission. o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8 is hereby amended as follows: SECTION 3. RULES AND DEFINITIONS 3.02 Definitions ) Undue Hardship The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the . plight of the landowner is due to circumstances unique to the property not cteated by the landowner, and the variance, if granted, will not a~ter the essential character of the locality. SECTION 4. GENERAL PROVISIONS 4.05 Accessory Buildings and Structures (B) permltte 4.15 Setbacks Along ------------- Arterials er lot are in the SECTION 5. ADMINISTRATION o 5.02 Rezonings (C) A public hearing on the rezoning application shall be held by the Planning Commission at its first regular meeting, allowing for publication, after the rezoning request has been received. A notice of the time, place and purpose of the hearing c o o shall be published in by (D) The Planning Commission shall make its report to the City Council on or before the next regular meeting of the City Council following the date of the hearing. Such hearing may be continued from time to time in the event the Planning Commission needs additional information from the applicant or other sources to make its decision. The Planning Commission shall take action on the application within 60 days from the date of the original public hearing, unless an extension is granted by the applicant. The re ort of the plannin Commission shall be laced on the agen a_ of the Clty Councl ln t e 0 oWlng manner: of shall be at their first 5.03 Special (Conditional) Uses General Statement (B) Criteria For Granting Special Use permits In granting a special use permit.....of surround~lands (C) Procedure (2) The clerk... property owners and occupants within 350 feet of the property in question shall be notified at least f++ ten (10) days prior to the Planning Commission meeting. . . (5) The report of the Planning Commission shall be placed on the agenda of the City Council a~ ~~s fle*~ ~e~~*at mee~~fl~ !e**ew~fl~~e!e~a* !eem ~Ae p*aAfl~fl~ 6emm~s5~eAT e~~ Ae~ *a~e~ ~AaA 9G days a!~e~ ~Re a~~*~eaA~ Ras 5~em~~~ed ~Ae a~~*~ea~~eAT in the following manner: o of ( b) he d of o Q o iven be 5.04 variances and Appeals +~+ (3) The application shall be referred to the Planning Commission which shall submit a report to be placed on the agenda of the City Council in the following manner: of of +3+ (4) The petitioner shall appear before the Planning Commission-In order to answer questions. +5+ (6) The petitioner, if appealing an interpretation of this oraTnance which would require him/her to obtain a variance, ey aa em~lsyee Sf ~Ae 6i~y shall have the fee refunded, if his/her appeal is upheld by the City Council. o SECTION 6. DISTRICT PROVISIONS 6.02 Minimum Requirements Lot Width at Front Setback Line (feet) o o o R-4 8G 90 ft. Corner lot 100 ft. o Res~aeR~~al ~a~a~e e~ ea~~e~~ +eYe~ ~GL w~ae+ i~em ~R~e~~e~ le~l~Re e~ t~ees R-4 e Any yard setback (maje~ Arterial) Rl, R2, R3~ RS, M1, M2 40 ft. Adopted by the City Council of the City of Andover this day of , 1988. ATTEST: victoria Volk - City Clerk CITY OF ANDOVER Jerry windschitl - Mayor o o Q CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 2, 1988 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED FOR NO. AGENDA " Discussion Items Planning ..~ ITEM Ordinance 40 NO. Amendment -, l.!' . BY: Daryl D. More BY: I The City Council is requested to approve the attached amendment to Ordinance 40, the Lot Split Ordinance. The Planning Commission recommends approval of this amendment. The proposed amendment defines the manner in which Planning Commission recommendations on lot split requests are placed on the City Council agenda. The wording is consistent with wording proposed for rezonings, special use permits and variances in the amendment to Ordinance 8. . COUNCIL ACTION MOTION BY TO SECOND BY o c CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o ORDINANCE NO. 40 AN ORDINANCE AMENDING ORDiNANCE NO. 40, THE LOT SPLIT ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 40 is hereby amended as follows: SECTION III. REVIEW AND RECOMMENDATIONS. D. Following review and recommendation by the Planning and zoning Commission, the request for a lot split shall be eeAyeyea te placed on the agenda of the City Council in the following manner: be Within 60 days following receipt of the proposed lot split from the Planning and Zonin9 Commission, the Council shall approve or disapprove by resolution. If approved, a certified copy of the resolution approving the lot split shall be forwarded to the petitioner. The lot split, together with a certified copy of the resolution, shall thereafter be filed with the Recorders Office of Anoka County. Adopted by the City Council of th~ City of Andover this day of , 1988. CITY OF ANDOVER o ATTEST: Jerry Windschitl - Mayor Victoria Volk - City Clerk o o 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auoust 2. 198B Planning FOR AGENDA SECTION NO. Discu ITEM 78 NO. Ordinance Amendment ORIGINATING DEPARTMENT : 4~ BY: Dar 1 D. More The City Council is requested to approve the attached amendment to Ordinance 78, the Commercial Building Design Standards Ordinance. The Planning Commission recommends approval of this amendment. The amendment would add the requirement that the owner and/or developer of commercial property enter into a site plan agreement with the City for required site improvements (for example, paving, curb and gutter, dumpster enclosures, lighting, landscaping,. sidewalks and screening). A cash deposit or letter-of-credit would be required as surety for the site improvements. COUNCIL ACTION MOTION BY TO SECOND BY o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 78A AN ORDINANCE AMENDING ORDINANCE NO. 78, THE COMMERCIAL BUILDING DESIGN STANDARDS ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 78 is hereby amended as follows: III. OTHER GENERAL REQUIREMENTS C. Site Plan Agreement Adopted by the City Council of the City of Andover this day of , 1988. CITY OF ANDOVER o ATTEST: Jerry Windschitl - Mayor Victoria Volk - City Clerk o o 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 2. 1988 ITEMSeptic Failure/Nordeen NO. Addn. 5.a. BY: v. Volk APPRC!.~D FOR AGE~D:\; ~r---~ BY: V J AGENDA SECTION NO. Staff, Corom. ORIGINATING DEPARTMENT Building The septic system at 536 - l55th Avenue failed and the property owners are unable to have a new system installed because of financial problems. Dave Almgren would like the city to hire a contractor to install a new system and have the cost certified to the taxes. Dave has sent out requests for bids for this work and should have them available at the meeting. V MOTION BY )TO COUNCIL ACTION SECOND BY o o 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 2. 1988 ITEM NO. Request Speed Study/ Narcissus St. Sb. BY: James E. Schrantz APPROVED FOR AG~ BY:t v AGENDA SECTION NQ Staff, Committee Commission ORIGINATING DEPARTMENT Engineering The City Council is requested to consider a speeding situation on Narcissus Street near Marigold Street. Gerard Chaffee of 13488 Narcissus Street has requested a reduced speed limit below 30 mph in his neighborhood. MNDOT told him they would do a speed study and from the study set the speed limit. Also, he has requested stop signs (3-way stop) to control the speed. I agree that 30 mph with the tolerance usually allowed by the police departments is too fast for most neighborhoods but, I believe that having different speed limits for each street in a subdivision may be very confusing. The speed study in a residential neighborhood is a new one. I have never heard of this; in the rural areas, yes; but not in the subdivisions. He is also concerned about the traffic that he believes comes from Coon Rapids at Lily Street. Jerry and I have met with Mr. Chaffee. He is very intent on reducing the speed limit. We suggested that he, along with us, discuss this with our legislators hoping that statewide the speed limit can be reduced to 25 mph in the residential areas. COUNCIL ACTION MOTION BY TO SECOND BY o o 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 2, 1988 AGENDA SECTION NO. Staff, Committee Commission ORIGINATING DEPARTMENT Public Works @) ITEM NO. Award Bids/Misc. Property OC..n BY:Frank O. Stone The City Council is requested to approve the awarding of for the miscellanous property that was up for bid. All used items where put up for bids as advertised in the paper on 7-21-88 and 7-22-88. The bid opening was 7-22-88 at 3:30 PM. The list of bidders are listed on the following pages, for your approval. COUNCIL ACTION MOTION BY TO SECOND BY ~ '-trill Press Power Hacksaw Lawn Boy Mower Snow Blower Tire Machine Toro Weed Whip John Deere Weed Whip Echo Weed Whip Water Heater IBM Typewriter Wards Signat~re Typewriter ~ditor 2 Typewriter Adding Machine Cart Hat/Coat Rack Windows Car Ramps Heater Storm Doors Pressure Tank Water Pump #1 Water Pump #2 Oight Box #1 Light Box #2 Light Box #3 Tire #1 Tire #2 Tire #3 Tire #4 Tire #5 Tire #6 Tire #7 Tire #8 ~HYdraulic Cycle Mower ~et of Lockers Lawn Sweeper Dehumidifier o o NAME AMOUNT $ 50.00 10.00 20.00 226.00 10.00 30.00 30.00 3.00 1.00 11. 00 6.00 NO BIDS 1.01 5.00 NO BIDS 5.00 20.00 5.01 1.01 5.50 1.01 5.00 1.01 1.01 1.01 5.00 5.00 5.00 10.00 10.00 10.00 10.00 5.00 15.00 3.00 20.00 22.00 Wayne Patchen Butch Valek/Clarence Smith Tom Shutrop David Almgren Dennis Sahz Brett Holm Brett Holm Dennis Sahz Clarence Smith Brett Holm Rick Vickstrom Brett Holm Gary West Butch Valek Brett Holm Brett Holm Brett Holm Rick Vickstrom Brett Holm David Almgren/Kevin Starr Brett Holm Brett Holm Brett Holm Tom Shutrop Tom Shutrop Tom Shutrop Brian Kraabel Brian Kraabel Brian Kraabel Brian Kraabel Tom Shutrop Bob Palmer Kevin Starr Bob Protivinsky/Wayne Patchen Dan Orr o O ITEM Chainsaw for Parts 1962 Dodge 2,000 gallon Water Truck C. Itoh Adding Machine Clock IBM Selectric II Typewriter Pressure Pump & Tank Wood Room Divider Sink/Refrigerator Oil Heater Antenna o TOTAL o o o NAME David Almgren North Pine Aggregate, Inc. Brian Kraabel Tom Shutrop Scott Protivinsky/Clarence Smith Brian Kraabel David Almgren Brett Holm Frank Stone Ray Sowada AMOUNT $ ~.." L 50 1,050.00 10.00 5.00 2.00 35.00 25.00 5.01 2.00 1.00 1,695.08 o o 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auaust 2. 1988 ORIGINATING DEPARTMENT AGENDA SECTION NO. Staff, Commi ttee Commi i @) ITEM NO. Install Fire Dept. hydrants '- BY: Frank O. Stone On July 5, 1988 I has made a request for the city Council to approve bids for two hydrants that the Fire Department would like to see installed near Bunker Lake Blvd and Quay street. The bids for this item were as follows: Burton Kraabel quotation $5,360.12 Channel Construction quotation 6,415.00 I have included a map of the area with the hydrant locations and the footage between them. I have spoken with John Rodeberg with TKDA and we could include these hydrants in the bids of one of our up coming contracts. The price would than be somewhere around $1,500.00 each. There is 943 feet between the hydrant at the medical building and the one to the east at Narcissus Street. There should be a hydrant in front of Big Wheel to split that distance. I think the hydrant on the northeast side of Bunker Lake Blvd and Quay Street could be installed later when we continue the main east. COUNCIL ACTION MOTION BY TO SECOND BY r"'\ ~ o o o o o o 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 2, 1988 ITEM NO. Approve Junkyard Lic. 5.e~TV Salvage BY: V. Volk APP~P;\j) FOR AGEw BY,:" AGENDA SECTION NO. Staff, Committee ORIGINATING DEPARTMENT Administration The City Council is requested to approve the 1988 license for ATV Salvage. They have submitted their insurance and bond and the Fire Department report will be available at the meeting. V MOTION BY TO COUNCIL ACTION SECOND BY o o 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 2, 1988 ITEM NO. Approve Resolution/ Bond Sale Sf. BY: James E. Schrantz APPROVE9I FOR AGn/, ~ BY: V J AGENDA SECTION NO. Staff, Committee, Commission ORIGINATING DEPARTMENT Engineering The City Council is requested to approve a resolution that Bill will have at the meeting combining various projects for bonding purposes. COUNCIL ACTION MOTION BY TO SECOND BY o 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 2, 1988 ORIGINATING DEPARTMENT AGENDA SECTION NQ Staff, Committee Commission Engineering ITEM NO. proposed August Work Session 5 BY:James E. Schrantz - Police proposal (Jerry Windschitl) - Water study update (TKDA) - Mining permits/vegetation (Mike Knight) - Health insurance City employees - Overlay Rum River Forest, Lakeridge Njordmark - Dale policy on assessing the overlays COUNCIL ACTION SECOND BY FOR o o C CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 2, 1988 AGENDA SECTION ORIGINATING DEPARTMENT NO. staff, Committee Commissio ngineering ITEM Approve Plans & Specs/ NO. Seal coating/Order Ad for Bids -5h BY: James E. Schrantz FOR The City Council is requested to approve the Plans & Specs for the Seal coating project. plans & Specs are the same as in the previous year. I have included only the map. The Specs are in the Engineering Office for review. COUNCIL ACTION SECOND BY MOTION BY TO o o 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 2, 1988 ORIGINATING DEPARTMENT AGENDA SECTION NO. Non-Discussion Items Engineering ITEM NO. Approve Easement Acquisition BY:James E. Schrantz FOR The City Council is requested to accept the easement from Dennis and Margaret Nelson and approve the payment of $200 this is on 87-11. The city Council is also requested to accept the easement from Darrell & Patricia Dahl. COUNCIL ACTION SECOND BY MOTION BY TO o o ro/~t LAW OFFICES OF o 1!ufkc oNd JlowkiNS SUITE 101 299 COON RAPIDS BOULEVARD COON RAPIDS. MINNESOTA 55433 PHONE (612) 784-2998 JOHN M. BURKE WILLIAM G. HAWKINS BARRY M, ROBINSON o Mr. James E. Schrantz Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 11)'... i;~ j--~;;;~~-':;t}'T;';-;:;;- 1". ~~~:;;9:-~,;:~gl~'i ,0'.',. , "J'I }:' ,..1 ...... ," -', ~. ",",~."'C_"'''''~'''~'''''''____~".-,.., .:! ...-.... CITY OF A/'WOv;'r? July l5, 1988 ----..= Dear Jim: We have reached an ag reement wi th the property owners 1 isted below for acquisition of an easement over their property. The agreed upon amount is: Parcel Name Amoun t 2-87 -11 Dennis Bruce Nelson and Margaret R. Nelson $ 200.00 o Would you please present this to the City Council for approval. If the City Council approves this, please send checks in the above amounts to my office for distribution to the property owners. Also the acceptance needs to be completed by the clerk and returned to my office for recording. I am also returning the original and one copy of the easement on the Berggren property for completion of the acceptance. There was no room for the acceptance on the back so it was put on the front of the deed and I believe it was overlooked. This one was already approved on June 7, 1988. G. Hawk ins o WGH:mk Enc. VI i ~lllllL:1 .:>Il'p o No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19 o County Auditor by Deputy STATE DEED TAX DUE HEREON: $ EXEMPT Date: , 19~ (reserved for recording data) FOR VALUABLE CONSIDERATION, Darrell A. Dahl and patricia A. Dahl, husband and wife , Grantor (s), (marital status) hereby convey (s) and quitclaim (s) to City of Andover , Grantee, o a mllniciprll real property in corporation Anokrl under the laws of Minnesota County, Minnesota, described as follows: See reverse side for complete legal. o (if more space is needed, cont nue n back) ,,& together with all hereditaments and appurtenances belonging t er to. ,tVvLt . 04 Darrell A. Dahl Affix Deed Tax Stamp Here .rJ~ 11. dOaAi!. patricia A. Dahl COUNTY OF 1\'blOKA } ss. STATE OF MINNESOTA The foregoing instrument was acknowledged before me this day of by nrlrr~l1 A nrlhl rlnd Patricia A. Dahl. husband and wife , 19JUL, '^" :t' "\8 SHARON L SMITH i . NOTARY PUBLIC_MINNESOTA ANOKA cOUNTY My Commission Expires 2.5.91 ;> .~"''''\I''NWVVW'''''WV\f'IWV'I'' · o NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) Tax. Statement. tor the real property described In this instrument should be sent to (Include nune and addre.s ot Grantee): Darrell A. Dahl , An'ln TT~_':........._,..':......... '7\........... "''Y1'..., o o o o o o o o 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NQ Non-Discussion Items DATE ORIGINATING DEPARTMENT Administration August 2, 1988 ITEM Refund Escrow/ NO. Howard-Tempel Addn. 6.b BYV. Volk FOR The City Council is requested to approve the refund of escrow for the Howard-Tempel Addition. All special assessments have been paid. Attached is a letter from Mr. Howard and Mr. Tempel requesting the refund. V:Attach. MOTION BY TO COUNCIL ACTION SECOND BY o o o o o o Jul1. 29th 1988 HO~ Temple Addition 13Sth Circle NW Andover, MN 553()/4. City of Andover Crosstown Bl'fd. Andover, MN ;;)04 REI Escrow Money As of July 1;th 1988 all the lots in the Howard Temple Addition were sold and oloeed. So as our understanding we should be receiving 80me aoney back that would be in escrow. We are asking at this tille for the ta City of Andover to release this escrow JIlOney to us. S1noerel;r, Dale J. Howard Norbert Temple knh o o 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. ORIGINATING DEPARTMENT DATE AUqust 2, 1988 Non-Discussion Item Engineering ITEM NO. Award Bid 88-19/ Woodland Creek 2nd BY:James E. Schrantz u The city Council is requested to approve the resolution awarding the bid for 88-19 Woodland Creek 2nd Addition. Bids were taken Friday, July 29th at 10:00 A.M. Bid tabulations will be distributed at the meeting. MOTION BY TO COUNCIL ACTION SECOND BY o o o CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 88-19 WOODLAND CREEK 2ND FOR STREETS WITH CONCRETE CURB AND GUTTER CONSTRUCTION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. R146-88, bids were received, opened and tabulated according to law for Project No. 88-19, with results as follows: o W.B. Miller, Inc. Bituminous Contracting Preferred Paving, Inc. $79,640.00 $83,609.90 $84,242.00 NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Andover to hereby accept the bids as shown to indicate W.B. Miller, lnc. as being the apparen,t low bidder. BE iT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with W.B. Miller, Inc. in the amount of $79,640.00 for construction of Improvement project No. 88-19 for streets with concrete curb and gutter construction in the area of Woodland Creek 2nd Addition; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. o MOTION seconded by Councilman City Council at a and adopted by the Meeting this day of , 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Jerry ltJindschitl - Mayor ATTEST: o Victoria volk - City Clerk o o o o o o o o 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 2, 1988 AGENDA SECTION NO. Approval of Minutes ORIGINATING DEPARTMENT Administration APPROVED FOR AG ITEM NO. 7. BY:V. Volk The City Council is requested to approve the following minutes: July 5, 1988 Regular Meeting July l2, 1988 Special Meeting July 22, 1988 Special Meeting (Elling, Knight Absent) July 19, 1988 Regular Meeting July l2, 1988 Special Closed Meeting MOTION BY TO COUNCIL ACTION SECOND BY DATE: August 2. 1988 ITEMS GIVEN TO THE CITY COUNCIL ClospclC;ty r.nllncil Mppt;ng Minlltl1l1 Julv 12, 1988 Regular City Conn,,;l Minllt",,, July 19, 1988 Letter from Annk:> r.nllnty, 1IJs.t:alie Haas Steffen PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. ITEM Drill Press Power Hacksaw Lawn Boy Mower Snow Blower Tire Machine Toro Weed Whip John Deere Weed Whip Echo Weed Whip Water Heater IBM Typewriter Wards signature Typewriter Editor 2 Typewriter Adding Machine Cart Hat/Coat Rack Windows Car Ramps Heater Storm Doors Pressure Tank Water Pump ltl Water Pump lt2 Light Box U Light Box lt2 Light Box lt3 Ti re U Tire lt2 Ti re lt3 Tire lt4 Tire ltS Tire lt6 Tire lt7 Tire lt8 Hydraulic Cycle Mower Set of Lockers Lawn Sweeper Dehumidifier Chainsaw for Parts 1962 Dodge 2,000 Gal. Water C. Itoh Adding Machine Clock IBM Selectric II Typewriter Pressure Pump & Tank Wood Room Divider Sink/Refrigerator Oil Heater Antenna TOTAL NAME Wayne Patchen Butch Valek Tom Shutrop David Almgren Dennis Sahz Brett Holm Brett Holm bennis Sahz Clarence Smith Brett Holm Rick Vickstrom Brett Holm Gary West Butch valek Brett Holm Brett Holm Brett Holm Rick Vickstrom Brett Holm David Almgren Brett Holm Brett Holm Brett Holm Tom shutrop Tom Shutrop Tom Shutrop Brian Kraabel Brian Kraabel Brian Kraabel Brian Kraabel Tom Shutrop Bob Palmer Kevin starr Wayne patchen Dan Orr David Almgren Truck North pine Agrregate, Brian Kraabel Tom Shutrop Scott protivinsky Brian Kraabel David Almgren Brett Holm Frank Stone Ray Sowada Inc. AMOUNT $ 50.00 10.00 20.00 226.00 10.00 30.00 30.00 3.00 1. 00 11. 00 6.00 NO BIDS 1.01 5.00 NO BIDS 5.00 20.00 S.Ol 1. 01 5.50 1.01 6.50 1. 01 1. 01 1.01 5.00 5.00 5.00 10.00 10.00 10.00 10.00 5.00 15.00 3.00 36.50 22.00 1. 50 1,050.00 10.00 5.00 2.00 35.00 25.00 5.01 2.00 1. 00 1,723.08 70 c'. C= r;)z j5('(f " '. COUNTY OF ANOKA Office of the County Board of Commissioners COURT HOUSE ANOKA, MINNESOTA 55303 421-4760 July 27, 1988 fiE t; lfJ \IE';)' 1\~lU NA T ALlE HAAS STEFFEN County Board of Commissioners District #1 Mr. James E. Schrantz Administrator, City of Andover 1685 Crosstown Blvd. N. W. Andover, MN 55304 CITY OF ,II,NOOIJER Dear Mr. Schrantz: At the August 16, 1988 Anoka County Board of Commissioners meeting, the Board will consider the adoption of the enclosed Mandatory Source Separation Ordinance. I'm writing to you today to explain why the County is considering this action now, one which is part of the Met Council Policy Plan, even though the volunteer recycling efforts are working so well. The adoption of a Mandatory Source Separation Ordinance does not mean that it will necessarily be implemented. In fact, it is intended only to be a backup to the successful volunteer efforts currently underway. As you may already know, Anoka County did not meet its 1987 recycling goals primarily due to the absence of documentation for commercial and industrial recycling activities. The priority for establishing programs has been in the residential sector. Commercial and industrial recycling efforts are now being addressed. I am confident that Anoka County can reach its solid waste abatement goals through continuing volunteer efforts. I say this because of the great strides already made by the Solid Waste Abatement Task Force. This group, which is composed of representatives from each of the 21 communities, is doing an exceptional job. All 21 communities in the County have or are developing aggressive recycling programs. With this continuing cooperation and commitment to the goals, we will succeed. Anoka County is required to submit a report to the Metropolitan Council by mid- August that addresses the mandatory source separation issue and the County's progress towards the recycling goals. It is because of the timing of this report and the expectations of the Met Council, that Anoka County will be considering the Mandatory Source Separation Ordinance on August 16, 1988. July 27, 1988 Page 2 Again, allow me to stress that I believe, and the developing track record is showing, that we can meet the State mandated abatement goals through the cooperative efforts of the communities and the County. The benefits of reaching our goals will be many. Two of the most important benefits will be a more economically-wise solid waste system, and a cleaner, healthier environment. If you have any questions, please feel free to contact myself or Victoria Stransky at 421-4760. Sincerely, 7tar~ Natalie Haas Steffen Anoka County Commissioner enclosure ClIDnw<<::E ID. 88- rnAFT 7/25/88 JIdP:ed by 8:la.rd 1lct.ien en a:llNIY OF AN:lKA , 1988 SOLID WASTE SOJRCE SEPARATIOO ORDINANCE An Ordinance re;JUlatin:J the separation of recyclable reterials from mixe:i municipal solid waste by generators before collection wi thin Anoka County; requirin:J certain municipalities located. in Anoka County to adopt arrl enforce a source-separation ordinance in order to reduce deperrlence on larrlfills arrl to neet source-separation recyclin:J goals; in order to prarote the health, welfare arrl safety of the p.lblic p.rrsuant to laws of Minnesota 1969, Chapter 235, arrl Minn. stat. ~473.801, et ~. WHEREAS, the &!wupulitan Council has established a source-separation performance stardard of at least fifteen percent (15%) for Anoka County; arrl has provide:i a recyclin:J grant to Anoka County; arrl, WHEREAS, Anoka Ca.mty, in its Solid waste Master Plan, establishe:i annual source-separation recyclin:J goals for each lIIlIlicipality in Anoka County, in accorda.rl:Je with Minn. Stat. jj473.803, in order for the Chmty to neet said fi~...een percent (15%) source-separation performance st.arrlard by 1992; arrl, WHEREAS, the County has offered technical assi.starx::e arrl financial incentives for municipalities to establish programs to neet annual SCXll"Ce- separation recyclin:J goals; arrl, WHEREAS, the Co.Jnty, in order to achieve required. source-separation recyclirq perfornance st.ardards, firrls it necessary to adopt a COlmty orclinance requiri..rq the separation of recyclable materials fran mixed nunicipal solid waste by generators, before collection, in municipalities failirq to achieve said annual soorce-separation recycli..rq goals. '!he Co.Jnty Soard of Anoka COlmty, Minnesota, does ordain: SECITOO I DEF'llITTIOOS '!he followi..rq words arrl pu-ases, when used in this ordinance, unless the context clearly irrlicates othexwise, shall have the rneani.rg ascribed to them in 1:h:is section. Subsection 1. "Aluminum Beverage Containers" means all containers fabricated primarily of aluminum arrl CCIllIlOnly used for soda, beer, or other beverages . Subsection 2. "Annual. ~L" means the report su1:mitted annually by the Co.Jnty to the Met.rc:politan eamc:il p.u-suant to Minn. stat. ~473.803, sub:i. 3. Subsection 3. 1tAr1r1Ual Sam::e-Separation RecycliIq Goals" means the soorce-separation recycli..rq objectives established for a municipality in the "City ani Township ct>jectives for Residential Recycli..rq arrl Yard Waste a...''P-=-ti..rq,'' Table V-2 of the Solid Waste Master Plan. - 2 - Subsection 4. "Cans" means all foed an:l beverage containers fabricate:j primarily of ferrous metal. , Subsection 5. "Collection" means the gatheri.rq or aggregati.rq of solid waste fran p.1blic or private places for transportation to a site or facility. Subsection 6. "County" means Anoka County, Minnesota. Subsection 7. "County Board" means the Arx>ka COUnty Board of Ccmnissioners or its authorized. representatives. S,hc=r+;nn 8. "DeparOoont" means the Arx>ka County Departlnent of 1Idmin:istration. SUbsection 9. "Generation" means the act or process of produci.rq waste . SUbsection, 10. "Generator" means any perscn \0410' generates waste. Subsection 11. "Glass Containers" means all foed an:l beverage containers fabricate:j primarily of glass. Subsection 12. ''Met.rc:politan Council" means the c:a.mc:il established. in Minn. stat. 01. 473. - 3 - SUbsection 13. ''Mixed Municipal Solid Waste" means garbage, refuse ard other solid waste frcrn residential, a:mnercial, in:iustrial ard cx:mmmity activities which is generated an:i collected in aggregate, but does not include auto hulks, street sweepirqs, ash, construction debris, minirq waste, sludges, tree an:i agricultural wastes, tires, lead acid batteries, used oil, an:i other materials collected, prcx:'essed an:i disposed of as separate waste streams . Subsection 14. ''Municipality'' or ''Municipalities'' means statutory ard hcr.e rule charter cities arrl to.ms located wi thin Anoka Co.mty. SUbsection 15. "Newspaper" means \lI1I:x::w"rl, printed, ~ I"lE!W5Print, an:i may include glossy advertisirq inserts ard Surrlay-edition magazines . SUbsection 16. "Person" means any human beirq, any mmicipality or other governmental or political sul:xiivision, or other p.lblic agency, any public or private CO.Lp<JLaUan, any partnership,' firm, asc::l"'lt""intion, or other o~zation, any receiver, trustee, assignee, agent, or ather legal representative of any of the foregoirq, or any other legal entity. SUbsection 17. "Plastic containers" means in::li vidual, separate I plastic bottles, cans or jars. Subsection 18. "Residential Paper" means corrugated cardboard, cereal boxes ard similar materials to the extent they are not contaminated with - 4 - plastic, wax, food residue or other ext.ranecus subst.an::es, arrl may irclude kraft grc:cexy bags arrl office paper. Subsection 19. ''Recyclable Materials" means materials that are separated fran mixed IIU.1J1icipal solid waste for the p..IrpOSe of recycl in;!', includi.n:;J, rot not lllnited to: aluminum beverage containers, cans, glass containers, newspaper, plastic containers, arrl residential paper. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. Subsection 20. "Recyclin;!''' means the process of collectin;!' and preparin;J recyclable materials arrl reusin;J the materials in their original fOOll or wa.iJ:g them in manufacturin;J processes that do not cause the destruction of recyclable materials in a manner that precludes further use. Subsection 21. "Solid Waste Master Plan" means the Anoka County Solid Waste l".anagemmt Master Plan adopted by the coonty Board on August 25, 1987, and approved, by the~L...,+",litan ca.m::il on October 8, 1987. Subsect.i.on 22. "Solid waste" means gatbage, refuse, sludge fran a water supply treat:Irent plant or air contaminant treat:rrent facility, and other discarded waste materials arrl sludges, in solid, semisolid, liquid, or contained ~ form, resulting fnn irrlustrial, o:rrr.ercial, mining, and agricultural operations, arrl fran CCmrn.llu.ty activities, l::ut does not irclude hazardo.lS 'MaSte; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in danestic sewage or other - 5 - ~i'""",.:/, 1>.." '"',, '""'r,' , ,'- ,'., .~ -', '~':;\~:,1 c.ornrron pollutants in water reso.u:-ces, such as silt, dissolved or susperded solids in i.rrlustrial waste water effluents or discharges which are point sources subject to permits l..Il'rler section 402 of the federal Water Pollution Control Act, as amerrled, dissolved materials in irrigation return flC7w'S; or source, special nuclear, or by-product material as defined by The Atcrnic Energy Act of 1954, as amerrled. Subsection 23. "Source Separation" means the separation of recyclable materials fran mixed IlIJI1icipal solid waste, by the generator, prior to collection or disposal in the mixed m.micipal solid waste stream. SECTION II. REroRrING RmITREMENTS SUbsection 1. Each nu.micipality shall report infonnation concerni.rq the collection of recyclable materials generated within its bourdaries arrl the disp:lsition of said recyclable materials. SUd1 infonnation shall include data on the ano.mt of recyclable materials collected within the municipality ani'their r'I;~ition, am any ad:titiooal infonnation that is requestai by the Depa.rt:ment: fat" the ~1-JOSe of plam.i.n; ,far or evaluat.irq recyd..i.rq .I:ll~.L dill::> in the Camty. Such infornation shall be p:rovida:i in writi..n; to the Department on or before January 31, April 30, July 31, arrl October 31 of eac:h year, for the prE'C'?<""lin;J calerrlar quarter, or as otherwise directed by the Department. SUbsection 2. Failure to subnit a report as req.rired by this section - 6 - may be construed as a failure by the nunicipality to rreet its annual source- separation recycli..n;J goals. SECrIOO III. MUNICIPAL saJRCE-SEPAAATIOO ORDlliANCE SUbsection 1. The requireIrents i.nposed by this section shall apply only to municipalities that have failed to achieve the annual source-separation recycl~ goals, as stated in the cnmty's IlOSt recent annual report to the Metrcpoli tan Co..1ncil. SUbsection 2. '!be cnmty Eloard will notify the nunicipality if it has failed to rreet the annual sourc:e-separation recycl~ goals for the precedirx;J calen:iar year. '!he coonty Eloard may also notify the nunicipality that it is required to adopt a nardatory sarrce-separation ordJ.nan:e. If the cnmty Eloard determines that the municipality is likely to achieve CCIIpliance by rreet~ the annual ~tion recycl~ goal for the p~i~ year arrl 50% of said goal for the o.JrreI1t year by June 30 withrot adepti..n;J a rnarrlatory source-separation ordinan.::e, the coonty Eloard may ootify the municipality that it llI.ISt cxma into CClIpliance by June 30. If the municipality fails to achieve CCIIpli.an:le by June 30, the Ca.mt:y Board may then notify the m.micipality that it is required to adept a rnarrlatory source- separation ordi..narx:e. SUbsection 3. within ninety days folla..ri..n;J written notice by the Ca.II1ty Board that a municipality is requi.rErl to adept a man::latory sarrce-separation ordinance, the municipality shall adopt an ordinance or ordinances requiri..n;J - 7 - the source separation of recyclable materials wi thin the bourrlaries of the rmmicipali ty, the purpose of said ordinance bein;J to re1uce deperrlence on larrlfills an:J to meet annual source-separation recyclin;J goals. Subsection 4. All ordinances adopted by a lll.lTlicipali typursuant to this section shall require all generators of residential mixed municipal solid waste, within the municipality, to separate frem mixed municipal solid waste at least three of the followin;J recyclable materials: aluminum beverage containers, cans,' glass containers, newspapu- , plastic containers, an::l residential papu-. '!he municipality's ordinance shall require the source- separation of as many recyclable materials, that can be readily separated frem mixed municipal solid waste, as is ~sary to achieve the municipality's current annual so..u:ce-separation recyclirg goal. '!he lIIlI"ri.cipality's ordinance lll.ISt remain in full force an:J effect until the Cc\mty Board notifies the mmicipality that it has achieved its annual source-separati recyclirg goal as stated in the Camty' s IrOSt recent annual report to the Metrt:lpolitan Council. Subsection 5. 'I11e acq,ticn, iJIplE!DeIrt:atian ani enforo=ment of said ordinance shall be the sole responsibility of the lIIJ!"Iit"!i[""l ity. '!his ordinance shall not prd1i.bit a municipality or m.micipalities frem enterin;J into a':j.l.=,ents relatirg to any aspect of 5O..lI"Ce separation of recyclable materials. - 8 - . SECITOOrv. OXJN'IY SaJRCE-SEPARATIOO RECYCLrnG ~ SECI'lOO V. EFFECTIVE D.b.TE '!his ordinance shall be effective upon passage by the Co.mty Board arx:i p.lblication ac:cot'din3 to law. - 9 -