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CITY of ANDOVER
CITY COUNCIL MEETING - AUGUST 9, 1988 - AGENDA
7:30 P.M. 1. Call to Order
2. Police Proposal
3. Water Study Update
4. Mining PermitsjVegetation
5. Health Insurance/City Employees
6. Overlay of Rum River Forest, Lakeridge,
Njordmark-Dale (Policy on assessing)
7.
8. Adjou,rnment
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T.DL TZ. KING. DUVALL. ANDERSON
AND ASSOCIATES. INCORPORATED
June 24, 1988
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2500 AMERICAN NATIONAL BANK BUILDING
SAINT PAUL, MINNESOTA 55101-1893
612/292-4400
FAX 612/292-0083
ENGINEERS ARCHITECTS PLANNERS
Re: Supplemental Report to
Comprehensive Water Plan Update dated April, 1987
Andover, Minnesota
Commission No. 9140-008
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Honorable Mayor and City Council
Andover, Minnesota
CITY OF ANDOVER
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Dear Mayor and Council:
Attached Is a memorandum dated June 21, 1988, which analyzes the present
water use and projected water system needs for the 1995-2000 time frame.
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Based upon this report, and the attached graphic representation, we
recommend the fol lowing:
1. A minimum additional 500,000 gal Ions of storage wll I be needed by
1991 .
2. Well No.4 will be required by 1995.
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It requires approximately two years to effect a water tank construction,
from the authorization through completion. Approximately 18 months Is
requl red to pI ace another water well on the system, dependl ng on the
I ocatl on.
Recommendation
1. A one mil lion gal Ion elevated water storage facilIty be considered In
the area of the present City offices. Authorization should be granted
In early 1989.
2. Location and site acquisition for Wel I No.4 should be considered In
the platting process north of the City Hal I along Hanson Boulevard, or
east of Winslow HII Is 1st Addition along 150th Lane NW.
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TOl TZ. KING. DUVAll. ANDERSON
AND ASSOCIA TES. INCORPORATED
ENGINEERS ARCHITECTS PLANNERS
2500 AMERICAN NATIONAL BANK BUILDING
SAINT PAUL. MINNESOTA 55101.1893
6121292-4400
FAX 612/292-0083
MEf.ORANDUM
To:
John 'Dav Idson
Reference: Future Water System
Copies To: Tom KI rk
Improvements
Andover. Minnesota
Date:
Kurt Johnson KriJO'
June 21 .
From:
1988
Commission No.
9140-008
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In 1986. we reviewed Andover's water use (1985) to determine when Well No.3
and Elevated Tank No.2 should be constructed to keep pace with development.
It was estimated that Tank No.1 and Wel Is No.1 and No.2 woul d be adequate
to serve the needs of approximately 1,000 connections. Construction of Well
No.3 and Tank No.2 would provide for an additional 700 connections.
o Water well records have been obtained for 1987 and the first six months of
1988, along with connections Instal led during this period. With the
completion of Pumphouse No.3 this summar, It wll I be desirable to plan either
the construction of Tank No.2 or Wet I and Pumphouse No.4.
LI sted be low I s a compa r I son of 1985 and 1987 water wel I records.
J 985
1987
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Average Number Services
Annual Average Consumption
Annual Average per Service
Peak Day
Rate Peak Day/Average Day
210
70,500 gpd
335
425,000
6
482
232,440 gpd
482
1 ,001 ,000
4.3
Based on the more recent water use data, estimated production and sto~age
requirements were determined for 1988, 1990 and the period 1995-2000. Each of
the years 1988 and 1990 are based on continued development at 240 units per
year. The period 1995-2000 has an estimated 1,200 connections reserved after
1990. If development continues at Its present rate, they will be connected by
1995; however, If the rate slows, as saturation Is approached, It may take
until the year 2000. The estimated water usage and facility requirements are
listed In the above below:
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Memorandum
June 23, 1 988
Page Two
June 1988
Connect I oris
population Serv lees
Annua'j' Average GPCO
Annual Average GPO
Peak Day, Gal Ions
No. of Wel Is Required
Storage Volume Required, MG
700
2,275
150
341 ,250
1,365,000
2
0.5
July 1990
1,200
3,900
150
585,000
2,340,000
3
1 .0
July
1995-2000
2,400
7,200
125
900,000
3,600,000
4
1.25
Therefore, based on the above Information, the City should Increase Its
storage vol ume 'by 0.5 - 0.75 M3 by 1990 and pi an for Wel I No. 4 dur I ng the
period 1990-2000.
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TOL TZ. KING. DUVALL. ANDERSON
AND ASSOCIATES. INCORPORATED
ENGINEERS ARCHITECTS PLANNERS
2500 AMERICAN NATIONAL BANK BUILDING
SAINT PAUL. MINNESOTA 55101
612/292-4400
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Project
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACfrON
DATE )l.pr; 1 1 q 1 qlHl
AGENDA SECTION
NO.
ORIGINATING DEPARTMENT
Engineering
ITEM
NO. Mining Permit/Site
Ordinance Sd.
BY: James E
..Counc;iL.Member(sl have requested a discussion on mining -in the
city.
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Regrading land before development has become popular since Oaks of
. Shenandoah off Hanson Boulevard ~as totally regraded ~the
developer mined the sand soil off'100 acres or more. I believe
the fill was used for the 610 Bridge approaches. The developer,
after the material was removed, regraded the land and there is a
nice development with rolling land that looks natural.
The 'next 'planning' meeting has a number of mIning permits on the'
agenda.
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Two large areas - Indian Meadows and Leroy Johnson's.
Leroy Johnson's land had a permit approved a couple of years ago
but it wasn't used and has expired.
Andover has a mining permit application form. About the only
thing that is not included is an escrow for restoration. Most of
the mining permits over the last 6 years have involved projects
with the city or County and the projects were able to handle the
restoration concerns.
Attached is Andover's mining permit application and Ham Lake's
Ordinance relating to excavation in a R-l area.
Also included is a permit form to be issued to complete the
process. No~ people come to a Council Meeting and we never
complete the requirement or are able to inform them of the
stipulations. They just start the work.
COUNCIL ACTION
MOTION BY
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SECOND BY
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Regular City Council Meeting
Minutes - April 19, 1988
Page 12
ACCEPT REVISED FEASIBILITY/87-11B/STORM SEWER
Mr. Rodeberg recommended approval of the resolution accepting
feasibility study, waiving public hearing, ordering improvement and
directing preparation of plans and specifications for the improvement
of storm drainage for Project 87-11B.
MOTION by Knight, Seconded by Apel, to so move. (See Resolution
R059-88) Motion carried unanimously.
MINING PERMIT/SITE ORDINANCE DISCUSSION
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Mayor Windschltl suggested adopting a polley that would ensure that
the neighborhood after a mining permit would conform to existing
neIghborhoods; that the mIning permits would be looked at from the
standpoint of providing community good; and to restrict any of the
excess fill to an Andover development rather than allowing it to be
trucked out of the City.
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Several CouncIlmen agreed the fIll should remaIn In Andover, as It
will be very expensIve to bring fIll In for CIty projects. CouncIlman
Orttel thought the CIty could only requIre the fIll to remain In the
city if the CIty purchased the rIghts to It. He thought the property
owner should have some say over where hIs fIll goes. He did agree the
City should control the safety, traffic, reforestation, etc.. of the
mInIng of fill, referencIng Ham Lake's ordinance regardIng that
matter.
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It was suggested OrdInance 8 regarding mInIng and OrdInance 10
regardIng platting be corrected to control those factors of mining
such as vegetation, traffIc, etc. Also, the number of yards to be
removed should be reviewed.
MOTION by EllIng, Seconded by Orttel, to refer to the PlannIng and
Zoning to look at Ordinance 10 and the mInIng of Ordinance 8, and
to talk to other cities regarding mIning. Motion carried unanImously.
RECEIVE FEASIBILITY/STATE AID/TULIP STREET
MOTION by EllIng, Seconded by Knight, a resolutIon receivIng
feasibility report and calling public hearing on Improvements of
street constructIon, Project No. 88-9 in the Tulip Street from 157th
Avenue to 161st Avenue area. (See Resolution R060-88) Motion carried
unanimously. (The date of the public hearIng was set for May 12 later
in the meeting.)
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CITY of ANDOVER
SPECIAL MEETING PLANNING & ZONING COMMISSION
12 MAY 1988
The special Meeting of the Andover Planning & zoning Commission
was called.to order at 7:30 pm by Chairman Marge Perry,
Wednesday, May 12, 1988, at the Andover City Hall, 1685 NW
Crosstown Boulevard, Andover, MN.
Commissioners Present: Pease, Bernard, Bosell and Jacobson.
Commissioners Absent: Jovanovich, vistad.
Also Present: Daryl Morey, City Planner, and Todd Haas,
Assistant City Engineer.
Mining Permit Discussion: Our permit process is now the same as
Blaine's and what they presently use. Our application has been
modified to meet the needs of the City and is similar to Maple
Grove's.
Chairman Perry pointed out that Ham Lake's Ordinance specifically
addressed the vegetation issue and what could or could not be
done in regard to removing the top soil and vegetation.
Todd Haas pointed out that erosion control is very important in
other cities. Plymouth asks for $2,000.00 right up front for the
restoration of a preliminary plat.
The process of going directly to the City Council has been
corrected. Because the issuance of a mining permit requires a
special Use Permit, the application must go through the P & z.
This requires a public hearing and allows residents to make
comments on the project. The City wants to make sure that the
project is brought to completion and also the staff brings this
request to the City Council.
Such things as grades that the property will be left at are
important so an on-site system is allowed to be constructed,
allow reasonable use of the property by Ordinance No. 10, etc.
Chairman Perry thought that perhaps an amendment to Ordinance 10
would be more acceptable because it is a familiar ordinance
rather than trying to write a new ordinance. A retroactivity
statement should be included in the ordinance amendment so that
an existing use should be brought into compliance within x-number
of days (months, years).
Bill Bernard expressed concern about the person coming to City
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Page Two
P & Z Minutes
12 May 1988
Hall and knowing what's going on and that we have to make
available to that person the same information that the Planning
Commission gets. One thing is that that information might answer
some of the questions they might have. It was pointed out that
there is a full public record packet available in the rear of the
meeting room for each meeting and all of the information is
contained therein.
(;) Marge Perry expressed concern as it pertains to the residents and
what happens around them. Their consideration seems to be
parochial and limited.
Ordinance No. 8 Discussion:
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It was also consideied that Ordinance No. 8 be amended to include
adding the definition of Hardship in Section 3.02 and also amend
Section 5.04 to include the criteria for a hardship as set out in
the State Statute. Also included could be the requirement that
variance notices be sent out to the effected property owners so
that the information is available to the neighbors in advance of
the meeting.
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Section 4.24 should be amended to include the sections added to
the Mining permit Application so that the ordinance and the
application match. The issue of extra material on a preliminary
plat should also be addressed.
ATV Ordinance:
It was agreed to incorporate some of the language from the State
Statute into the Ordinance so that the criteria is available up
front. It was also suggested that we include snowmobiles in the
proposed ordinance.
High Risk Sexual Conduct Ordinance:
The question was asked as to how many complaints had been
received and what the issues raised were? Daryl Morey asked the
Mayor for this information and his response was that it was
immaterial.
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The Health & Human Services Department of Anoka County may be
able to help on this issue.
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ORDINANCE NO. 86-2
AN ORDINANCE RELATiNG'''TO 'EXCAVATioN
IN R-l AREAS PROHIBITING THE '..~, I
MAINTENANCE OF CERTAIN NUISANCE ACTIVITIES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAM
LAKE AS FOLLOWS;
Article Eleven of the City Code is hereby amended by
adding thereto an Article 11-660, to read as follows:
public
noted:
1. The following activities are hereby
nuisances, and prohibited, subject to
declared to be
the exceptions
,
A. In any areas which are zoned R-l, it shall be
unlawful to actively conduct or permit the conducting of any
plowing, disking, grading, or other activity which displaces or
destroys ground cover vegetation for any period of time, and
leaves the land wholly or partially barren of ground cover
vegetation, thereby contributing to the blowing of dust, soil, or
sand to adjacent areas. It shall be unlawful to maintain land in
areas zoned R-l which are barren or devoid of ground cover, after
any determination by the City Council that such land constitutes
a public nuisance by reason of blowing sand, dust, soil or other
material related to the land or ground cover. Any of the above
are, for the purposes of this ordinance, hereafter referred to as
"activity". The following shall be specifically excluded from
prohibited activity.
1. Preparation of soil for a secondary activity
such as grass seeding, landscaping, gardening, flower bed
planting, tree planting, or other bona fide or residential
purposes, provided, that any such secondary activity shall be
implemented within a reasonable time after soil disturbance, and
in the case of introduction of seed, shall be evidenced by
sprouting within a reasonable time following the activity.
2. Activity which is a part of a bona fide
construction project, of a structure, private road or driveway,
or subdivision development, provided that in order to qualify
under this exception, the following criteria must be met:
a. In the case of a structure
purpose for which a building permit is required, a
permit must have been issued prior to the activity.
or other
building
0 b. In the case of a private road or
driveway construction, the activity must be between clearly
defined and identifiable terminae, and must constitute a bona
fide or, private road or driveway giving needed access between
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ORDINANCE NO 86-2
PAGE 2
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<:) such terminae.
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c. In the case of a subdivision project, a
final plat must have been approved and filed prior to the
activity, or a development agreement must be in existence prior
to the activity, specifically referring to and permitting the
activity.
3. Bona fide excavation or filling work for
which an excavation or fill permit has been issued by the City.
4. Activity incident to bona fide installation
or repair work involving structures, or fixtures in connection
with structures, whether or not permits are required,
drainfields, wells, culverts, fences, buildings, driveways,
sidewalks, patios, decks, swimming pools, power lines, utility
poles, utility lines, or the like.
B. The owner of land shall be presumed to have intended
to violate the provisions of this ordinance, if, within ten days
after receipt of notification that the land has been declared a
public nuisance by resolution of the City Council, such owner
shall have failed to take steps to ameliorate the nuisance on a
permanent basis, including but not limited to the planting of
seed, seedlings, or sod in such a manner as may reasonably be
expected to abate the nuisance.
Presented to the City Council on March 31,1986, and
enacted by the City Council this 7th day of April, 1986.
Dennis J. Landborg
Mayor
Doris A. Nivala
City Clerk/Treasurer
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.Maple Grove
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440:00
(Rev. 19S3)
Section 440 - Excavations - Pits, Removal of Earthly
Deposits and Other Mining of Earth
(Amended, Ord. No. 77-09)
Section 440:00. Purpose. Commercial mining, stripping, excavating and
extracting activities are now being and for some time have been conducted in
certain places within the corporate limits of this municipa~ity, in order to
remove from the ground black di rt, sand, gravel and other nyi nera Is or
substances existing on, in or under such place.
The City of 11ap1e Grove finds that the extraction of minerals by surface
mining is a basic and essential activity making an important contribution to
the economic well-being of the City of Maple Grove. The economical
availability of sand, gravel, rock, soil and other materials is vital to the
continued growth of the region and the City of Maple Grove. The City of Maple
Grove further finds that it is not practicable to extract minerals required by
society without disturbing the surface of the earth and producing waste
materials. The danger exists that noncompatib1e land uses could unnecessarily
deny the benefit of these materials to society in the future. It is further
found that the character of mining may create undesirable land and water
conditions which can be detrimental to the health, safety and welfare and
property rights of the citizens of Maple Grove. However, if properly
regulated and if rehabilitation of surface mined lands is required, mining can
take place within the City of Maple Grove in such a manner that undesirable
side effects of the operation may be restricted to an acceptable level.
The purposes of this ordinance are: To provide for the economical avai1ab1ity
of sand, gravel, rock, soil and other materials vital to the continued growth
of the region and the City of Maple Grove. To establish reasonable and
uniform limitations, safeguards and controls in the City, for the future
production of said minerals. To control and minimize pollution caused by
erosion or sedimentation; all in furtherance of the health, safety and. general
welfare of the citizens of Maple Grove, Minnesota.
Section 440:05. Definitions. Unless the context clearly indicates otherwise,
the words, combinations of words, terms, and phrases, as used in this section,
shall have the meanings hereinafter set forth.
Subd. 1. Active Gravel Pit or Active Excavation.
(a) Active gravel pit or active excavation shall mean any
artificial excavation of the earth dug, excavated or made by
the removal of the natural surface of the earth, whether sod,
soil, sand, gravel, stone, or other matter, creating a
depression or depressions exceeding in anyone place one
thousand (1000) square feet of surface area, the bottom or
lowest point of which shall be one (1) foot or more below or
lower than the level of the adjoining unexcavated land, in
which depression, pit or excavation water may fall, gather,
collect or remain stagnant, putrid or polluted, or which
depression may be or become dangerous from the standpoint of
public safety or health, or to children playing therein or
thereby; or which depression may become a public nuisance or
deteriorate the value of the adjacent property.
440:05, Subd. 2
(Rev. 1983)
(b) Active gravel pit or active excavation shall also mean any area
where the topsoil or overburden has been removed for the
purpose of mining earthly deposits or minerals, yet the area
has remained idle since the topsoil removal.
(c) Active gravel pit or active excavation shall, also mean any area
that is being used for stockpiling, storage jand processing of
sand, gravel, and other materials.
(d) Depressions, pits, excavations made for the purpose of a
foundation, cellar, or basement of some immediately pending
structure to be created, built or placed thereon
contemporaneously with, or immediately following such,
excavating and covering or to cover such excavated pit or
depression when completed, are excluded from the definition of
active gravel pit or active excavation if a building permit has
been issued.
Subd. 2. Inactive Gravel Pit or Inactive Excavation. Inactive gravel
pit or inactive excavation shall mean all that area for which a
conditional use permit or annual license has been obtained for gravel pit
or excavation purposes from the City and has not had the topsoil or .
overburden removed. No actual excavations or mining may take place and
no stockpiling, storage, or processing of materials is allowed in an
inactive gravel pit or inactive excavation area. The land has the
potential to be changed to an active .c1assification at any future date
during the annual permit renewal process.
Subd. 3. Restoration Area. Restoration area shall mean all land areas.
wherein conditional use permits or excavation permits have been granted
by the City in the past and for which permits.are no longer requested or
issued. Once a land area is classified as a restoration area, it cannot
be reclassified or converted back to an active area un1e~s a new
conditional use permit is obtained.
Subd. 4. Impounded Waters. Impounded waters shall mean any and all
liquid substances kept on public or private property in such a manner
that more than five hundred (500) gallons are above the natural surface
of the surrounding ground.
Subd. 5. Minerals and/or Earthly Deposits. Soil, clay, stone, sand and
gravel and any other similar solid material or substance to be excavated
from natural deposits.
Subd. 6. Overburden. The earth, rock and other materials that lie above
a natural deposit of mineral.
Subd. 7. Operator. Any person or persons, any partnership, limited
partnership, or corporation, or any association of persons, either
natural or artificial, including every pUblic or governmental agency,
engaged in surface mining operations.
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440:10
(Rev. 1983)
Subd. 8. Reclamation, Restoration or Rehabilitation. To renew land to a
self-sustaining long term use which is compatible with contiguous land
uses and compatible with the Maple Grove Comprehensive Land Use Plan.
Reclamation, restoration or rehabilitation is to be in accordance with
the standards set forth in Section 440, including the re-establishment of
vegetative cover, soil stability and the establishment of safe conditions
appropriate to the intended use of the land.
Subd.9. Council. Council shall mean the City council of the City Maple
Grove.
Subd.10. License Fee. A fee charged annually for a permit as required
herein~ The terms "license" and "permit" as used herein may be used -
i nterchangeab 1 y.
Section 440:10. Permit Required. No person shall open, operate or maintain
either directly or indirectly any active or inactive excavation for the
purpose of removing earthly deposits therefrom or permitting or maintaining
impounded waters therein unless such person shall first have obtained from the
Counc i 1, in the manner herei nafter provi ded, a permit authori zi ng same.
Section 440:15. Application. Application for said permit shall be made in
writing to the Council on such form as the Council may from time to time
designate, and shall include the following information:
Subd. 1. The correct legal description of the premises where the
excavation, removal, or storage of rock, sand, dirt, gravel, clay or
other materials governed by Section 440 shall or does occur.
Subd. 2. Names and addresses of the applicant, operator and owner of the
land.
Subd. 3. The primary highways, streets or other public ways within one
(1) mile of the boundaries of the pit within this municipality upon and
along which the material excavated or removed shall be transported in
normal operation.
Subd. 4. A map of the proposed pit or excavation area to a scale of one
(1) inch equals two hundred (200) feet showing the presently excavated
area, the area proposed to be excavated during the permit period, the
minimum and ",aximum elevations of th.: area, and showing a minimum of one
hundred (100) feet of the adjacent land on all sides of the proposed
excavation area.
Subd. 5. A rehabilitation or restoration plan providing for the orderly
and continuing rehabilitation of all excavated land. Such plan shall
illustrate, using appropriate photographs, maps, and surveys drawn to a
scale of one (1) inch equals two hundred (200) feet and with a five
(5) foot contour interval satisfactory to the Engineer, the following:
(a) .The removal or planned contours of the land when the mineral
removal operations are completed.
440:20
(Rev. 1983)
(b) Estimated period of time that the pit will be operated and a ~
schedule setting forth the timetable for excavation and ~
rehabilitation of land lying within the active, inactive and
restoration areas.
( c)
Those areas of the site currently used for storage of top soil
and overburden.
(d)
The depth of all water bodies, the slopes of all slopes after
rehabilitation and a description of the type and quantity of
plantings where re-vegetation is to be established.
Subd. 6.
thereof.
Location of any and all existing wells and the size and depth
Subd. 7.
require.
Such other information as the City may from time to time
(Amended, Ord. No. 83-25, Sec. 13)
Section 440:20r (Repealed, Ord. No. 83-25, Sec. 14)
Section 440:25. Bond. The applicant for the permit shall post a bond
acceptable to the City in an amount based upon two hundred dollars ($200.00)
per acre or portions thereof for active areas for which a permit is granted,
executed by a corporate surety company authorized to do business in the State
of Minnesota, conditioned upon full performance of the terms and conditions of
Section 440 by the applicant and/or the owner of the premises described in
said application, said bond to remain in full force and effect for a minimum
period of time of one (1) year after expiration of said permit, which bond
shall guarantee the required restoration as well as the other requirements of
Section 440. (Amended, Ord. No. 83-25, Sec. 15) .
Section 440:30. Insurance. The applicant shall file with the Clerk a
liability insurance policy or certificate of such insurance acceptable to the
City and issued by an insurance company authorized to do business in the State
of Minnesota.
Subd~ 1. The policy shall insure the person performing acts described
herein for the sum of at least one hundred thousand dollars ($100,000.00) .
for injury to one (1) persJn, and three hundred thousand dollars
($300,000.00) for one (1) accident and at least fifty thousand dollars
($50,000~.00) property dama'Je.
Subd. 2. Saio policy shall be for the full period of the permit and
shall provide for the giving of ten (10) days prior notice to the City
Clerk by registered mail of termination, cancellation, or amendment of
the policy.
Subd. 3. In the event said policy is terminated for any reason, the
permit shall be automatically suspended upon the day the policy
terminates, unless a new policy complying with this section is obtained
and filed with the Clerk prior to the termination of the policy in force.
(Amended, Ord. No. 83-25, Sec. 16)
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440:35
(Rev. 1987)
Section 440:35. Annual Permit Fee.
Subd. 1. An annual permit fee in an amount duly established by Ordinance
in Chapter V of this Code for each active or inactive gravel pit or
excavat i on operated by the appl i cant sha 11 be paid by each app 1 i cant for
a permit and shall be paid at the time of making said application. In
the event that said permit is not granted, said fee shall be refunded to
.the applicant. The permit period shall run from March 1 to March 1 of
the following year.
Subd. 2. The total annual permit fee shall equal the sum of an active
pit fee plus an inactive pit fee, minus a restoration credit, all as
calculated pursuant to the following formulas and subject to a minimum
total annual permit fee as set forth in Chapter V of this Code:
(a) Active pit fee: (Acreage of land under active classification)
x (fee per acre established by ordinance).
(b) Inactive pit fee: (acreage of land under inactive
classification) x (fee per acre established by ordinance).
(c) Restoration area credit: (Acreage of land which has been
completely restored during the previous license year) x (credit
per acre established by ordinance). The restoration credit
shall cease once the land is in conformance with the approved
restoration or rehabilitation plan.
(d) Land areas for permit purposes shall be calculated by totaling
acreage of parcels of land or portions thereof that have been
geometrically divided by straight lines in order to facilitate
area calculations.
Subd. 2a. In addition to the annual permit fee set forth in Chapter V of
this Code, each applicant who is to be issued a permit pursuant to
Section 440 after July 15, 1937 shall pay, prior to issuance of the
permit, a one-time license surcharge in an amount set forth in Chapter V
of this Code. Said surcharge is intended to reimburse the City the cost
of preparing the City's Gravel Mining Area Plan which was done pursuant
to the City's police power function of regulating the commerical mining,
stripping, excavating and extracting activities occurring therein and
which was also prepared to further the health, safety and general welfare
of the citizens of said City.
(a) Immediate payment may, at the City's discretion, be substi~uted
with a written agreement between the applicant and the City,
secured by a surety satisfactory to the City whereby payment of
the surcharge could be made in annual installments extending
over a period of up to five (5) years and which installments
would be collected together with interest due on March 1st of
each year commenci ng t1arch 1, 1987. To be accepted as a
substitute for immediate payment of the surcharge, any such
agreement must be executed prior to issuance of the permit.
440:36
(Rev. 1987)
(b) Interest shall accrue on said surcharge at the rate of eight
and one-half percent (8-1/2%) per annum, beginning the 1st day 0"
of March, 1987. Interest not paid in advance shall be
compounded annually.
(c) If one or more of the annual surcharge installments to be made
pursuant to such a written agreement is not paid by an
applicant, the City may collect the surcharge by drawing upon
the applicant's surety.
(Added, Ord. No. 87-22, Sec. 1)
Subd. 3. Once the permit is granted to the applicant by the Council, the
termination of activities at the pit or excavation or revocation of the
permit shall not entitle the applicant to the refund pro-rating of any of
the license fee that has been paid for that current year.
Subd. 4. If the application is for a renewal of an existing permit, the
said applicant need not furnish the maps specified in Section 440:15,
Subd. 4 and 5 hereof unless major modifications or changes are to be made
in the approved restoration plan of the land when gravel removal
operations are completed.
Section 440:36. Annual Permit Renewal Meeting. If the application is for
renewal of an existing permit previously issued pursuant to Section 440, the
operator shall bring the completed applications, all necessary bonds,
insurance and fees to the Maple Grove City Hall and the City staff shall
revi ew the app Ii cati on and forward it to the City Counci I .
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440:40
(Rev. 1983)
Section 440:40. Regulations and Requirements. The Council as a pre-requisite
to the granting of said permlt or after such permit has been granted, may
impose such further restrictions and requirements as may be reasonable and
necessary under the particular circumstances of each application. Such
restrictions and requirements may be in contract form with the applicant or
any other person interested directly or indirectly in the issuance of such
permit .
Section 440:45. Additional Requirements and Regulations. Every person to
whom a permit is issued shall comply with the regulations and requirements set
forth in the subdivisions which follow.
Subd. 1. No excavation or digging shall be made beyond the limits for
which the particular permit is granted and in no case shall any
excavation or digging be made within thirty (30) feet of any adjoining
road right-of-way or structure as may be in the area without obtaining
specific approval by the Council.
Subd. 2.' Where excavations are made within thirty (30) feet of a public
roadway or other right-of-way, the permittee shall erect either a
suitable guardrail along said right-of-way or roadway or construct a dirt
berm not less than thirty (30) inches in height and six (6) feet in width
at the base.
Subd. 3. All reasonable means shall be employed by applicant to reduce
dust, noise and nuisances.
Subd. 4. Ouring the entire period of operations, all excavations other
than the working face, shall be sloped on all sides at a maximum ratio of
one (1) foot horizontal to one (1) foot vertical, unless a steeper slope
shall be approved by the Engineer. Where excavations are adjacent to a
public roadway or other right-of-way, the excaVation shall have a ~aximum
four (4) to one (1) slope. Slopes adjacent to or contiguous to bodies of
water shall be sloped at a maximum of six (6) to one (1).
Subd. 5. Appearance and screening.
(a) Machinery shall be kept in good repair and painted regularly;
(b) Abandoned machinery and rubbish shall be removed from the site
regularly;
(c) A 11 structures that are not bei ng used sha 11 be removed from
the site;
(d) All equipment and temporary structures shall be removed and
dismantled not later than six months after termination of
mining operation or expiration of the permit;
(e) Where practical, stockpiles of overburden and materials shall
be used to screen the mining site;
This page is intentionally blank.
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(g)
Subd. 6.
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440:45, Subd. 6
(Rev. 1983)
Where practical, the perimeter of the mining site shall be
planted or otherwise screened;
Existing tree and ground cover shall be preserved to the extent
feasible, maintained and supplemented by selective cutting,
transplanting and replanting of trees, shrubs and other ground
cover along all set back areas.
Operating Standards.
( a)
Noise _ the maximum noise level at the perimeter. of the site
shall be within the limits set by the Minnesota Pollution
Control Agency and the Environmental Protection Agency of the
United States.
( b)
Hours _ all mining operations shall be conducted between 6:30
a.m. and 8:00 p.m. on weekdays only unless otherwise
specifically approved by the City Engineer or his agent.
Explosives - the use and handling of explosives shall be
coordinated with the police department. Blasting shall occur
only at hours specified by the Police Department and at no
other time.
( c)
Oust _ operators shall utilize all practical mea~s to reduce
the amount of dust caused by the operation. In no case shall
the amount of dust or other particulate matter exceed the
standards established by the Minnesota Pollution Control
Agency.
Water pollution - operators shall comply with all applicable
Minnesota Pollution Control Agency regulations and Federal and
Environmental Protection Agency regulations for the protection
of water quality. No waste products or process residue,
including untreated wash water, shall be deposited in any lake,
or natural drainage system, except that lakes or ponds wholly
contained within the extraction site may be so utilized.
(f) Top soil preservation - all top soil shall be retained at the
site until complete rehabilitation of the site has' taken place
according to the rehabilitation plan.
( d)
( e)
Subd. 7. The applicants shall change, alter or modify immediately any
excavation or operation therein deemed by the Council to be unsanitary or
dangerous or polluted or contrary to the general health and welfare of
the community.
Subd. 8. All wells greater than six (6) inches in diameter placed in or
upon said premises described in said application shall be secured and
capped upon abandonment under the specific direction of the City Engineer
or his designated agent.
440:50
(Rev. 1983)
Subd. 9. Applicants shall dispose of all waste water used on the site in ~
a manner which will not adversely affect adjoining property and shall use ~
stilling ponds or other methods satisfactory to the Council for disposing
of the suspended solids in the waste water.
Subd. 10. Applicants shall provide adequate access roads to and from the
site which shall have proper sight distances for traffic safety at each
point of access.
Subd. 11. Applicants shall obey all county and municipal road limits in
hauling to and from the site.
Subd. 12. In the event operations cease, completely or substantially so,
on said site for a period of more than one (1) year, or in the event
substantially all gravel and sand deposits thereon have been removed and
no further operations shall be conducted thereon, then the Council may
terminate the permit to operate said pit and declare the site a
restoration area subject to all requirements of the site's restoration
plan and bonding requirements. ~
Subd. 13. Applicant shall not permit any other person to operate said
pit. other than hauling to or from the pit, without first obtaining the
written consent of the Council and an appropriate acknowledgement of such
others that they will be bound by an agreement in effect and covered by
bond.
Section 440:50. Rehabilitation and Restoration Standards.
~
Subd. 1. Rehabilitation shall be a continuing operation occuring as
quickly as possible after the mining operation has moved sufficiently
into another P4rt of the extraction site.
Subd. 2. Slopes - all banks and slopes shall be left in accordance with
the rehabilitation plan submitted with the permit application. No
rehabilitated slopes shall be steeper than four (4) feet horizontal to 0
one (1) foot vertical, except that steeper slopes may be permitted in
accordance with the rehabilitation plan when said slopes are planned for
slope related usages, such as ski and sliding hills.
Subd. 3. Cover and planting - slopes, graded and backfilled areas shall
be surfaced with at least three (3) inches of topsoil and planted with
ground cover sufficient to hold the soil. Such ground cover shall be
tended as necessary until it is self-sustained.
Subd. 4. Slopes to water bodies - no slope decending to a water body
shall exceed one (1) foot vertical to six (6) feet horizontal, except
that steeper slopes may be permitted in accordance with the
rehabilitation plan when human or property safety i~ not endangered.
Subd. 5. Water bodies - all water areas resulting from excavation shall
be rehabilitated as follows:
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440:50, Subd. 6
(Rev. 1983)
(a) The bottom contour must be gradually sloping from the shoreline
to the deepest portion at a maximum slope of six (6) feet
horizontal to one (1) foot vertical for at least thirty (30) ·
feet unless fenced pursuant to plans previously approved by the
Counci 1.
(b) The water depth in the deepest portions must not be less than
five (5) feet measured from the low water mark.
Subd. 6. Final elevation - no part of the rehabilitated area which is
planned for utilization for uses other than open space or agriculture
shall be at an elevation lower than the minimum required for gravity
connection to sewer and storm sewer.
Subd. 7. To assure the restoration plan approved by the Council is being
followed, the Engineer may make those field measurements deemed necessary
by the Council to assure that the approved restoration plan is being
fo 11 owed.
Subd.8. Upon ceasing operation or leaving any particular excavation
area in an excavation or pit site, applicantsshail regrade.and r':.store
the said area as required in Section 440 and in accordance with the
approved restoraiton or rehabilitation plan previously agreed upon by the
Council and operator or owner of the pit or to such other usable
condition which is agreed upon by the permittee and the Council at the
time of the required restoration.
Subd. 9. Active gravel pit or active excavation - Restoration and
rehabilitation are not mandatory in an active gravel pit area but may be
concurrent with other operations if possible.
Subd~ 10. Restoration area - Restoration and rehabilitation are
mandatory and must take place according to the approved restoration and
rehabilitation plan and schedule and each day's violation shall be deemed
a separate offense.
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510:00, Subd. 11
(Rev. 1987)
0 .' SUBD. CODE TYPE OF LICENSE,
(
NO. SECTION PERMIT OR FEE CONDITIONS AND TERMS
AMT.
.11 430:30, Dog and Cat Impoundment fee for first
$15.UO
430:72 Impoundment Fees impoundment of dog or
cat
..'. ..
Plus additional per day, 5.50
for room and board
Impoundment fee for second 25.00
, ' impoundment of dog or cat
, Plus additional per day 5.50
room and board
Impoundment fee for 25.00
third or subsequent
0 impoundmentcif a dog
or cat
Plus additional per day 5.50
for room and board and
a court appearance
12 430:79 Pet Shop License Per year 50.00
0 13 430:79 ~"Animal Hospital Per year 50.00
(
~ ~ License
14 430:81' 'Dog KennellCat Private kennel/shelter 25.00
She 1 ter li cense
Commercial kenpel/shelter 50.00
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0 15 435:05, Dumps ,Wrecki n9 Expire 3/1 300.00
Subd. 2 Yards (license)
16 440:35 Excavations -
Mining (permit)
Active area fee Per year 30.00/
acre
Inactive area fee Per year
15.001
acre
" Restoration credit Subtracted from total of
15.,001
active area and inactive acre
area fees
Minimum fee Per year 900.00
GMAP Surcharge One time $125.00/acre
0 (active and inactive)
(Amended, Ord. Nos. 77~18, Sec. 2; 83-07, Sec. 2; 87-22, Sec. 2) I.
17 441 : 10 Excavations -
20.00
Surface (permit)
(Amended, Ord. Nos. 77-18, Sec. 2; 83-07, Sec. 2)
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE Auqust 9, 1988
ORIGINATING DEPARTMENT
AGENDA SECTION
NO.
Engineering
ITEM
NO.
BY:James E. Schrantz
Health Insurance
The City Council is requested to consider increasing the family
coverage for the employees' health insurance.
y PHP has increased 40%.
MedCenter has increased 22%.
Group Health has increased 16%.
Cost Comparison
Now:
City toward Employee
Single Family Family Cost
PHP $99.40 $204.50 $125.00 $79.50
MedCenter $96.00 $196.90 $125.00 $71.90
Group Health $90.20 $190.85 $125.00 $65.85
Effective September 1, 1988:
PHP $139.16 $286.30 $125.00 $161.30
MedCenter $108.00 $239.55 $125.00 $114.55
Group Health $101. 75 $220.30 $125.00 $95.30
currently, 13 have PHP, 2 have MedCenter and 3 have Group Health.
The single PHP coverage costs more than the City's family
participation.
We participate with the County along with other cities but, the
city's have a higher rate due to a higher incident rate.
COUNCIL ACTION
MOTION BY
TO
SECOND BY