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HomeMy WebLinkAboutMay 23, 1989 o o o ;~ CITY of ANDOVER Regular Planning and Zoning Commission Meeting May 23, 1989 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairperson Becky Pease at 7:30 P.M., Tuesday, May 23, 1989 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, MN. Commissioners Present: Ferris, Vistad, Bernard, Spotts, Jovanovich, Sabel Commissioners Absent: None Also Present: Todd Haas, Assistant City Engineer; others Approval of Minutes - May 9, 1989 MOTION by Vistad, secnded by Bernard to approve the minutes of May 9, 1989. Motion carried unanimously. o Special Use Permit, North Lexington Landscaping, Mining Permit Todd Haas reviewed the request of Mr. Kuiken for a Special Use Permit to mine soil as required by Ordinance 8, Section 4.24. The Andover Deputy noticed that mining was taking place and Mr. Kuiken was contacted and told he needed a mining permit. All of the required information has been submitted. Staff has reviewed the application and they would recommend that if this permit is approved, the following conditions should apply: 1) safety precautions be taken at the end of each working day; 2) the applicant shall provide a security bond; 3) signs need to be placed on both sides of the driveway indicating trucks hauling; 4) applicant is requested to make reasonable use of the property; 5) watering of the haul road to control dust; 6) hauling allowed Monday through Friday, 8:00 a.m. to 8:00 p.m. and Saturdays from 8:00 a.m. to 4:00 p.m.; 7) applicant is required to restore the banks of the mined area; 8) applicant needs to obtain all necessary permits from the DNR, U.S. Army Corps of Engineers, the watershed organization and any others; 9) the mining will be completed within 2 to 3 years. Commissioner Ferris asked how much dirt will be hauled from the site. Mr. Haas noted that it is two acres in size. Mr. Ferris asked if there is a pipeline on the property and if so, what kind of pipeline it is. Mr. Kuiken explained that there are two oil pipelines on the property. Mr. Haas indicated that the pipeline is 15 feet from where Mr. Kuiken is mining and that the pipeline easement is 66 feet wide. A third pipeline is proposed and the pipeline company will be asking for an easement for that one also. o Commissioner Vistad asked if the vibrations caused by the installation of the third pipeline would be more than those caused by the mining. Mr. Haas noted that Mr. Kuiken will be causing no vibration. Regular Plannin~-~ommission Meeting 0" May 23, 1989 - ( jutes Page 2 - (N. Lexington Landscaping SUP, Cont.) :.J Commissioner Ferris questioned who would be responsible if the pipeline ruptured during this mining. Mr. Kuiken did not know who would be responsible and indicated that Minnesota Pipeline told him that he could farm on their easement. They didn't seem to have any problem with what he is doing. Mr. Ferris stated that if the pipeline company doesn't care what Mr. Kiuken does, he would like a letter from them saying that, because if the pipeline does rupture he wants to know who is going to do the cleanup. Mr. Haas suggested that a letter from the pipeline company could be made a contingency of the Special Use Permit. Mr. Ferris would like to have the letter state the following: a) that the mining will have no negative affect on the pipeline; b) who would be responsible for a rupture; c) the location of the third pipeline and the approximate time it will be installed. At this time, Chairperson Pease opened the public hearing. No one appeared for the public hearing. o MOTION by Spotts, seconded by Bernard to close the public hearing. Motion carried unanimously. MOTION by Vistad, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council approval of a Special Use Permit requested by Dick Kuiken, North Lexington Landscaping, for property described as 'that part of the Southwest 1/4 of the Southwest 1/4 of Section 11, Township 32, Range 24, Anoka County, Minnesota' for the following reasons: 1) the proposed use will not be detrimental to the health, safety or general welare of the community; 2) the proposed use will have no negative effect on traffic; 3) it will not seriously depreciate surrounding property values; 4) it is in harmony with the Zoning Ordinance and Comprehensive Plan. A public hearing was held and there was no opposition. The Special Use Permit will be subject to the following: 1) safety precautions will be taken at the end of each working day to prevent injury to playing children, bike riders, snowmobilers, etc., 2) the applicant shall provide the City with a security bond to hold the city harmless for restoratin of the site as determined by the City Engineer; 3) signs are to be placed on both sides of the driveway at Hanson Boulevard indicating trucks hauling; 4) the applicant is requested to make reasonable use of the property without altering the topography greatly; 5) watering of the haul road to control dust during dry times; 6) hauling of material will be Monday through Friday, 8:00 a.m. to 8:00 p.m. and Saturdays from 8:00 a.m. to 4:00 p.m.; 7) the applicant is required to restore the banks of the mined area after the area has been excavated using an approved topsoil, seed, and/or vegetation or brush to establish erosion control; 8) obtaining all necesary permits from the DNR, Army Corps of Engineers, Watershed organization and any other agency which may be interested in the site; 9) the permit is to be subject to an annual review and completion will be within three years; 10) a letter from the pipeline company will be given to the city noting that excavation will not cause damage to the pipeline, who will be liable in the event of a rupture and the location of the 3rd pipeline and when it will be installed. ~) / "- ,j f~ 1..1 Regular Planning Commission Meeting May 23, 1989 - Minutes Page 3 (N. Lexington Landscaping SUP, Cont.) Motion carried unanimously. This will go to the City Council on June 6, 1989. " '\ l\........J Ordinance 10 Amendment, Erosion Control Todd Haas explained that this amendment relates to mining permits for subdivisions. The Planning Commisison acted on this in September of 1988 and it went to the City Council in October of 1988. The Council tabled this and has not acted on it. We have had a number of complaints this year about plats that have been graded and have no erosion control. This causes a lot of sediment to go into the storm sewer. Mr. Haas noted that he and the City Planner made some minor changes to the amendment that the Planning Commission previously approved. Section 17 is a new section that is about the same as the City of Plymouth uses. The financial guarantee required to be submitted by the developer was discussed with several commissioners feeling that it would be a serious burden on the developers. Mr. Haas noted that if no topsoil is available on a plat, it would cost $4,000 per acre to put it oni if topsoil is available, it would cost $2,000 per acre. Commissioner Bernard suggested that a letter of credit be provided instead of requiring a bond or cash. :J Commissioner vistad suggested that Ordinance 8 be amended to deal with the existing plats so that they also have to provide erosion control. Mr. Haas noted that he and the City planner will review this, make some changes and it will be back on the agenda on June 13th. He asked the Commission to adopt Section 7 of the proposed ordinance so that item doesn't need to come back. MOTION by vistad, seconded by Ferris that the Andover Planning and zoning Commission recommend to the City Council approval of an amendment to Ordinance 10, Section 7. Motin carried. This will go to the City Council on June 6, 1989. MOTION by Sabel, seconded by Vistad to adjourn. Motion carried. Meeting adjourned at 8:50 P.M. Respectfully submitted, L-i0 Vicki Volk ~-)