HomeMy WebLinkAboutCC August 2, 1988
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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
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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
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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
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Current zoning C!. 8 rn m ,E:re. 114 /
**********************************************************************
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Name of Applicant
Address
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Home Phone ?01
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Signatur
Business Phone
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*************************************************************
Date~.L ~ 7.2i
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property Owner (Fee Owner)
(If different from above)
Address
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.;) 1"1 nrl F I ('
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(f ,) Q..CI.~
Home phone
Business phone
Signature
Date
**********************************************************************
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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-~
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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
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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
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SITE MAP
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO. R.
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
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE Auqust 2, 1988
ITEM Egart Variance
NO.
'-lb.
BY: V. Yolk
APPROVED FOR
AGE(;~ (
ByJil!
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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
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Current zoning
o....JJ /l /" / vd
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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
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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
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LB
Limit d Bualneaa
NB
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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
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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
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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.
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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
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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.
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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
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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.
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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 -