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HomeMy WebLinkAboutFebruary 23, 1999 o o () CITY of ANDOVER Regular Planning and Zoning Commission Meeting - February 23, 1999 Minutes The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires at 7:00 pm, Tuesday, February 23, 1999 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners Present: Maynard Apel, Dean Danniger, Bev Jovanovich, Jeff Luedtke, Jason Osberg Douglas Falk John Hinzman, City Planner Jeff Johnson, Zoning Administrator others Commissioners Absent: Also Present: o Approval of Minutes February 9, 1999 Motion by Jovanovich, seconded by Danniger to approve the minutes as written. Motion carried on a 5-yes, 1-absent (Falk), 1-present (Osberg) vote. Public Hearing: Amended Special Use Permit - Natural Gas Pipeline - Northern Natural Gas Mr. Hinzman reviewed the request of Northern Natural Gas to construct a 16" natural gas pipeline from an existing metering station at Prairie Knoll Park to a metering station in Elk River. The total length of the pipeline is 14.7 miles of which approximately 6.5 miles are located in Andover. The project would be constructed within the existing 50-75 foot pipeline easement, 20 feet distant from an existing 8" natural gas pipeline. The applicant is seeking temporary construction easements from property owners where the construction right-of-way extends beyond the existing easement. The project would ensure adequate wholesale distribution of natural gas to local distributors (Minnegasco) serving Andover. Mr. Hinzman explained that Ordinance 8 regulates the Special Use Permit process. The existing land use along the proposed route is predominantly rural residential along with areas of urban residential and agricultural. The Federal Energy Regulatory Commission (FERC) is the lead environmental o review agency. Northern Natural Gas has submitted an application to FERC / " ) /- , () u Planning and Zoning Commission Meeting ,) February 23, 1999 - Minutes Page 2 (Northern Natural Gas ASUP, Cont.) and approval is pending. The proposed pipeline will have an outside diameter of 16", constructed of steel with a wall thickness of 0.312 inches. Mr. Hinzman noted that vegetation would need to be cleared from the pipeline easement and temporary construction zones. Some areas along the existing line are densely vegetated and would experience tree loss. Northern Natural Gas has indicated that vegetation cleared would be replaced and that steps would be taken to replace significant vegetation if possible. Mr. Hinzman explained that pending approval from FERC, the project would meet or exceed federal safety standards. The Minnesota Office of Pipeline Safety would conduct on-site installation inspections to ensure proper health and safety standards. Staff has included in the packet materials a resolution approving the request if that is the consensus of the Commission. The resolution contains the following conditions: 1) that the applicant obtains all necessary federal, state and local permits for construction and installation; 2) that the applicant take reasonable steps to preserve and/or replace disturbed vegetation and trees; and 3) that the Amended Special Use Permit be subject to a sunset clause. Commissioner Apel questioned whether anyone had reviewed the easement of record to see if it allows multiple pipelines. '\ ) Motion by Apel, seconded by Luedtke to open the public hearing. Motion carried on 6-yes, 1- absent (Falk) vote. Dennis Werkmeister, Northern Natural Gas explained that Northern Natural Gas Company is an interstate gas pipeline company that has been in business since the 1920's. The current pipeline system begins in Texas and extends 16,000 miles. They are federally regulated with safety standards regulated by the Department of Transportation and construction activities regulated under the guidelines of OSHA. They have an operating location out of North Branch that maintains pipelines in this area. The proposed pipeline is a 16" natural gas pipeline that will be installed within existing easements, along with an 8" pipeline that was installed in 1959. Mr. Werkmeister noted that they have an application before FERC and it is anticipated it will be approved on March 29, 1999. Commissioner Jovanovich asked if the 8" pipeline will remain where it is. Mr. Werkmeister stated that it will stay in the ground as the volume needed will be supplied by both pipelines. Commissioner Osberg asked what the depth of the trench will be. Mike Underwood, Northern Natural Gas, explained that the depth will be four feet of cover over the 16" pipeline. The ditch will be 5 to 7 feet in most areas. Chairman Squires questioned how they go through wetlands and waterways. Mr. Underwood explained that a silt fence is installed on both sides of the right-of-way, they dig the ditch and take 12" of topsoil and put it on one side of the ditch and the , / () u ., , J Planning and Zoning Commission Meeting February 23, 1999 - Minutes Page 3 (Northern Natural Gas Amended Special Use Permit, Cont.) spoils are put on the other side. On each side of the wetland hay bails are put in place so that any foreign soils do not go into the wetlands. A directional drill machine is used in the wetlands. This machine will be used in the Rum River although it is a very costly process. Commissioner Danniger asked how the existing pipeline is protected during the installation of the new line. Mr. Underwood noted that is the reason for the 20 foot separation. They look at the soil conditions also. The 8" line is in very good condition and stable. Chairman Squires asked if anyone has looked at the proximity of homes to the easement. Mr. Hinzman stated that the closest home distance is between 10 to 20 feet, however, there are some accessory structures that may be encroaching on the easement. Commissioner Luedtke asked if it typical to have this much volume in one easement. Mr. Werkmeister stated that it's unusual because of the growth in Andover. This new pipeline is market driven. However, they cannot overbuild their facilities. In Cottage Grove they have a 24" and a 36" pipeline in an easement. Mr. Werkmeister also noted that by the year 2016 '\ natural gas consumption will double in the United States. '\/ Commissioner Luedtke asked who does the excavation work. Mr. Underwood explained that they go out for bids but do not always go with the low bidder. There are authorized pipeline companies that bid these projects. He stated that he will be supervising the project and there will be 10 to 12 inspectors on the site at all times. Chairman Squires asked if Northern Natural Gas had considered going with only one pipeline (24") rather than two pipelines. Mr. Werkmeister explained that one of the key factors in keeping the 8" line in place is that it is in excellent shape. Also, while the new pipeline is being installed they need to continue providing service. Commissioner Danniger asked if there will be enough capacity for five years or will there be another meeting at that time for an additional pipeline. Mr. Werkmeister stated that they do not plan to be back in five years with another request but they cannot guarantee it. They have submitted their application with a small amount of overbuild. , '\ '-J' Winslow Ho/asek, 1159 Andover Boulevard was told by the agent for Northern Natural Gas that the 16" pipe would have a thickness of .325 inches and the material presented states it will be .312 inches. He asked which it will be. Mr. Werkmeister noted that it will be .312 inches. Mr. Holasek asked what the thickness of the 8" pipeline is. John Nelson, Northern Natural Gas, North Branch stated that it is .250 inches and the operating pressure is 895 pounds. He also noted that the operating pressure in the new line will also be 895 pounds. Mr. Holasek felt (J u \ ) Planning and Zoning Commission Meeting February 23, 1999 - Minutes Page 4 (Northern Natural Gas Amended Special Use Permit, Cont.) that having one pipeline would make more sense. The pipeline will be going through a very high density area especially the Grey Oaks area where it will go from one corner to the other. He suggested that an alternate route be looked at, possibly Prairie Road to County Road 20. Russ Mitchell, 15744 Nightingale Street NW asked what the flow rate of the current pipeline is, what the flow rate of the 16" pipeline will be and how many breaks have occurred in the existing line. Mr. Werkmeister noted that the flow rate varies depending on the determinations made by their planning department. Mr. Nelson stated that in his 23 years with Northern Natural Gas there have been no failures in the existing pipeline. Calvin Rice, 15235 Yellow Pine Street understood that there will be a boring process on 152nd Lane which is adjacent to his home. Mr. Werkmeister explained that they will initially ask for a 100 foot easement on each side of the pipeline which will be used to stockpile dirt. They will not go within 25 feet of any house on this project. In some areas they may have to take that dirt and stockpile it elsewhere. Mr. Rice asked the Commissioners to think about the impact this wi!! have on the residents. Mr. Werkmeister stated that the 100 foot easement is \ ternporary. They are not looking for any additional easements from the residents. \ / Rich Godeen, 15910 Vintage StreetNW expressed concern if the pipeline ruptures and also with the fact that they will need to cut down his trees to install the pipeline. Hare Stuart, 15921 Fox Street NWwould like to see an Environmental Impact Statement regarding this project. He stated that replacing the trees that will be cut down will be next to impossible. He felt that before the Commission makes a decision, every resident should be comfortable with what Northern Natural Gas is doing. Bob Almeida, 15711 Nightingale Street NW explained that 11 years ago, 200 residents in his area were evacuated because there was a leak in the pipeline. Mr. Nelson stated that a relief valve went off because the pressure was greater than it was supposed to be. Jay Anderson, 15921 Uplander Street NW stated that 50 of his trees will be taken out for the pipeline. He noted that he was treated nice by the pipeline representative but he was rushed into signing off. He felt that putting the pipeline through a development doesn't make sense. Dan Lyden, 765 - 148th Lane NWasked if the residents need to get their own lawyers or if the city would take that responsibility. He stated that he recently had a new septic system put in and was limited to where it could go because of the last time the pipeline was installed. , \ \j () (J ) Planning and Zoning Commission Meeting February 23, 1999 - Minutes Page 5 (Northern Natural Gas Amended Special Use Permit, Cont.) Chairman Squires explained that the city doesn't play any role in the negotiations and that if the residents feel a need for a lawyer, they will need to obtain their own. Teresa Caldwell, 3880 S. Enchanted Drive was told several different things when the agent came to her house and she still hasn't gotten answers to her questions. She stated that they will be taking most of her back yard and going through her drainfield. She noted that she has lived in her house for three years and was not aware that there was a gas line on her property. Winslow Holasek stated that he was one of the people that was here when the original pipeline was installed and the agents at that time were not as nice as the present ones. Sue Godeen, 15910 Vintage Street NW asked what happens to the 16" pipeline if the 8" line breaks. She was told that her house would be gone along with an entire city block. She also questioned how the City of Andover can allow a pipeline to go through a new development. \ r..1r. Werkmeister stated that the pipeline industry is one of the safest industries in the country and that most accidents are caused by a third party such as a construction crew. The frequency of events is very small. In response to the question regarding to a break in the pipeline, Mr. Werkmeister noted that the impact could be minimal or it could be a spectacular eVf:nt. In his experience in the industry he has not been involved in one fire. , / Motion by Luedtke, seconded by Jovanovich to close the public hearing. Motion carried on a 6-1'es. 1-absent (Falk) vote. Chairman Squires noted for the record that a letter has been received from Jerry WindschiU expressing some concerns and asking some questions, most of which have been answered tonight. Commissioner Danniger asked how fast they lay the pipe. Mr. Werkmeister stated it would take one to two weeks and that they would be coming back in the spring to restore the vegetation. Commissioner Apel suggested that this item be tabled as he would like answers to some of the questions that have been asked, he would like to see the people treated better and he feels that Northern Natural Gas should pay more attention to the moral and ethical aspect of this installation. He asked if this should be a new Special Use Permit or an Amended Special Use Permit. Mr. Hinzman stated that if it's an existing use it is an Amended Special Use Permit. ') Commissioner Jovanovich stated that she would like to see an alternate route. , _J () u Planning and Zoning Commission Meeting . j February 23, 1999 - Minutes Page 6 (Northern Natural Gas Special Use Permit, Cont.) Commissioner Osberg noted his concerns include the restoration of vegetation and trees, and safety designs (what type of procedures will take place while this pipeline is being put in the ground). Commissioner Luedtke stated that he would like to see the FERC findings and suggested tabling this item until those findings are received. Mr. Werkmeister explained that because they are federally regulated they have to comply with the route that FERC comes back to them with. He also noted that any jurisdiction below the federal level really has nothing to say regarding the route. Chairman Squires felt that we have some ability to consider whether a route is what our city wants to allow as a part of the Special Use Permit process. The Commission would like information that Northern Natural Gas has done due diligence to come up with an alternate route. He also requested the feasibility of removing the 8" line and installing a 24" line. \ '. / Mr. Werkmeister asked Commissioner Apel wtlat specific questions he has. Commissioner Apel stated the flow, the fact that when you go from an 8" line to a 16" line, you're more than doubling the flow. He also wants to see the FERC decision and whether they would allow an alternate route. Mr. Werkmeister stated that they have successfully negotiated with at least 50 of the land owners. He noted that they will get the requested information together and present it to the Commission. He also stated that individual negotiations are very difficult. However, they (Northern Natural Gas) do have certain rights. Motion by Apel, seconded by Osberg to table this item to the March 9th meeting. Motion carried on a 6-yes, 1-absent (Falk) vote. Public Hearing/Amend Ordinance No. 10, Section 9.07/Park Dedication Jeff Johnson explained that the Park & Recreation Commission met on February 18th and recommended the following: On residential properties the cash in lieu of land dedication would be on a per lot basis at $1,350 per unit; townhomes would be $1,000 per unit mobile homes would be $1,200 per unit and lot splits $1,350 per unit. Commercial and Industrial dedication would be based on a fee per acre ($4,000 per acre). .~) Dave Blackstad, Chairman of the Park & Recreation Commission stated that the Park Commission decided that the 10% requirement was no working. Eighty percent of the cities they contacted are going to a per lot fee. If a developer comes in with a PUD, that would put a higher burden on the park system and then they would pay a higher fee to the city. ') '--' o :) Planning and Zoning Commission Meeting --- ./ February 23, 1999 - Minutes Page 7 (Amend Ordinance 10, Cont.) Commissioner Osberg agreed with the increase in park fees noting that if you have an aggressive trail plan you need to have the money to pay for it. Motion by Luedtke, seconded by Jovanovich to open the public hearing. Motion carried unanimously. Winslow Holasek, 1159 Andover Boulevard noted that this will double the park dedication fees. Ed Hamilton, 6615 Highway 10, Ramsey asked why the chart of different park fees shows cities in the southern part of the metro area and not cities in the northern suburban area. AI Grabowski, Park Commission member explained that Blaine's fee is $1,300 per acre, Champlin is higher than that and Ham Lake did not return our phone calls. He also noted that one of the reasons the Park Commission went to this was because of plats such as Timber River Estates. \ ) Park Commissioner Blackstad stated that most of the developers have agreed with the new ordinance. Tony Emmerich asked that the fees for multi-family and commercial be kept at a reasonable rate. Motion by Luedtke, seconded by Danniger to close the public hearing. Motion carried unanimously. Commissioner Osberg felt that the percentage increase is high but it's not putting us in a position where we're demanding more than other communities. Motion by Apel, seconded by Osberg that the Andover Planning and Zoning Commission recommend approval of the amendment to Ordinance 10, Section 9.07, Park Fees and the related fee structure as presented by staff. Motion carried on a 6-yes, 1-absent (Falk) vote. , \ \. ______J \. . J ,- " .~. o u \ Planning and Zoning Commission Meeting February 23, 1999 - Minutes Page 8 Other Business Mr. Hinzman updated the Planning Commission on recent council action regarding Planning Commission items. He also noted that Fox Hollow will be coming back to the Commission for an R-4 designation. Mr. Hinzman informed the Commissioners that Commissioner Osberg will be leaving the Commission at the end of March as he is moving out of the city. Motion by Luedtke, seconded by Apel to adjourn. Motion carried. Meeting adjourned at 9:45 pm. Respectfully submitted, fL' tt-lL Vicki Volk Acting Recording Secretary )