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Home My WebLink AboutCC April 5, 1994 C"~'<::~~''''''":'.:;;'I:'t'i '~\ \ .I..} '~~'ti~ ~ __~).J;J ........:.'1_.,""'7.,..' ~Call to CITY of ANDOVER Regular City Council Meeting - April 5, 1994 Order - 7:00 p.m. Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Public Hearing/purchase of Wasteco Property 2. Public Hearing/Establish Economic Development Authority 3. Approve Resolution Transferring TIF Districts to EDA 4. Public Hearing/Bunker Lake Blvd. Frontage Road/93-30 5. Order Condemnation/Bunker Lake Blvd. Frontage Rd/93-30 6. Selection of Surveyor/Bunker Lake Blvd. Frontage Rd./93-30 7. Winslow Hills 3rd storm Drainage/93-5, Cont. 8. Approve Timber Meadows 2nd Preliminary plat 9. Amendment to Development Contract, Cont. 10. Special Use Permit/Area Identification Sign/Timber Meadows 2nd Addition 11. Special Use Permit/McDonald's Drive Through window , 12. Special Use Permit/Mining/Blake Construction / 13. Amend Ordinance 8, Section 4.03/Non-Conforming Uses 14. Amend Ordinance 44 15. Business Landfill Coalition EDA Meeting 16. Approve Resolution Appointing Officers/Adopt Bylaws 17. Approve Resolution Accepting TIF Districts by EDA Reports of Staff, Committees, Commissions 18. Authorize Hiring of Code Enforcement Officer 19. Reclassify Code Enforcement Officer to .Building Inspector 20. Precinct Boundary/polling Location Changes 21. Approve Garbage Hauler Licenses 22. Approve Resolution Limiting Garbage Hauler Licenses 23. Park Bond Discussion Consent Agenda/Non-Discussion Items 24. Receive Petition/Watermain/14267 Round Lake Boulevard/94-4 25. Accept Feasibility Study,/Watermain/14267 Round Lake Blvd_ 26. Authorize Transfer of Funds 27. Receive February Financial Statements 28. Approve Parks capital Budget 29. Approve Assessment Abatement/15955 Uplander St./IP91-10 30. Approve Street Sweeping Quotes 31. Receive Petition/Hartfiel's Estates 32. Accept Easement/91-14/Neas 33. Receive Petition/94-5/SuperAmerica Addition 34. Approve Change Order il/92-27/Commercial Boulevard Mayor-Council Input payment of Claims AdJournment ./ AGENDA t-O. ITEM t-O. SECTION CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DA TE A p r i 1 5, 1 994 ORIGINATING DEPARTMENT Approval of Minutes Admin. Approval of Minutes v. Volk ~.~. APPROVED FOR AGENDA BY: The City Council is requested approve the following minutes: March 10, 1994 March 15, 1994 MOTION BY: TO: Regular Meeting Special Meeting (oalien absent) SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACITON DATE Aoril 5. 1994 AGENDA t-n SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion ITEM NJ. Public Hearing Purchase of Wasteco Property Planning ~ David L. Carlberg City Planner BY~ /. The City Council is asked to hold a public hearing to allow Andover residents to comment on the City's acquisition of the Wasteco property. ) In addition to publishing the public hearing notice in the Anoka Union, the notice was also advertised on the local cable access channel. Staff has contacted a reporter for the Anoka Union to write an article on the acquisition and development of the site. If an article is published, it will be in the April 1, 1994 , edition of the Anoka Union. MOTION BY: SECOND BY: / TO: / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE AprilS, 1994 AGENDA t-O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion ITEM t-O. Public Hearing Establish Economic Development Authority Planning ~ David L. carlberg City Planner v e1. The City Council is requested to hold a public hearing on the establishment of an Economic Development Authority (EDA). Attached for Council review and approval is an enabling resolution establishing the Economic Development Authority. The Council should consult the March 10, 1994 packet materials for background information on the role and authority of the EDA. MOTION BY: SECOND BY: TO: I / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. " ENABLING RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT AUTHORITY UNDER MINNESOTA STATUTES, SECTIONS 469.090 to 469.108. WHEREAS, Minnesota Statutes, Section 469.090 to 469.108, authorizes cities to establish Economic Development Authorities ("EDA") with specified powers and obligations to promote and to provide incentives for economic development; and WHEREAS, the City Council of the City of Andover, Minnesota (the "City") has determined that it is in its best interests to establish an EDA in order to preserve and create jops, enhance its tax base and promote the general welfare of the people of the City and to provide for development activities within the City; and WHEREAS, the City has provided public notice and conducted a public hearing on April 5, 1994 concerning the establishment of an EDA and has fulfilled all other legal requirements for the establishment of an EDA. \ i / NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER: 1. The EDA with all of the powers, rights, duties and obligations as set forth in Minnesota Statutes, Sections 469.090 to 469.108, and other law is hereby established in and for the City. 2. The EDA shall be governed by a board of five (5) commissioners who shall be the members of the City Council and elected and qualified in the same manner as the members of the City Council. 3. The City Administrator of the City shall act as the executive director of the EDA. 4. Nothing shall prevent the City from modifying this enabling resolution to impose limits on the powers of the EDA or prov~de for other matters as authorized by Minnesota Statutes, Section 469.090 to 469.108 or other law. , / 1 \ / '\ ) \ ) Adopted by the City Council this 5th day of April, 1994. " ATTEST: Mayor City Clerk ...--'" 2 '1 i NOTICE OF PUBLIC HEARING ON A PROPOSED RESOLUTION TO CREATE AN ECONOMIC DEVELOPMENT AUTHORITY WITHIN THE CITY OF ANDOVER. " NOTICE IS HEREBY GIVEN that the governing board of the City of Andover, Minnesota (the "City") will meet on Tuesday April 5, 1994 at 7:00 p.m. in the City Hall at 1685 Crosstown Boulevard, Andover, Minnesota 55304, for the purpose of conducting a public hearing on a proposed enabling resolution to create an Economic Development Authority ("EDA") pursuant to Minnesota statutes, Section 469.090 to 469.108, under which the City may establish an economic development authority for the purpose of promoting and assisting economic development and redevelopment within the City. To create an EDA, a city must adopt an enabling resolution which sets forth at a minimum the number of commissioners that will govern the EDA. The draft enabling resolution establishing an EDA for the City will provide for the Members of the City Council to be the Commissioners of the EDA and for the EDA to have the ability to exercise all powers available to an EDA unless otherwise specifically restricted by the City in an amendment to the enabling resolution. A draft copy of the enabling resolution will be available for public inspection at the City offices. All persons interested may appear and be heard at the time and place \ set forth above. / BY ORDER OF THE ANDOVER CITY COUNCIL By I{,~ fLU City Clerk Dated ....3- d 1- 91 ) '. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 AGENDA t-.K). SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion ITEM t-.K). Planning ~ B;/~ Approve Resolution Transfer Districts to the EDA David L. Carlberg City Planner ...5. The City Council is requested to review and approve the attached resolution transferring control, authority and operation of the development district and its tax increment financing districts from the City of Andover to the Andover Economic Development Authori ty (EDA). The EDA will be approving a resolution accepting the districts during the EDA meeting. MOTION BY: SECOND BY: TO: \ Councilmember I J introduced the following resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION TRANSFERRING CONTROL, AUTHORITY AND OPERATION OF THE DEVELOPMENT DISTRICT AND ITS TAX INCREMENT FINANCING DISTRICTS FROM THE CITY OF ANDOVER TO THE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY. WHEREAS, the City of Andover, Minnesota (the "City") has established, pursuant to Minnesota Statutes, Section 469.124 to 469.134, inclusive, as may be amended and supplemented from time to time, Development District No. 1 (the "Development District") within the City in order to encourage the development and redevelopment of certain property within such Development District, a description of which Development District is contained in Exhibit Ai and / WHEREAS, the City has created, pursuant to Minnesota statutes, Sections 469.174 to 469.179, inclusive, as may be amended and supplemented from time to time, Tax Increment Financing Districts No. 1-1 and No. 1-2 (the "Tax Increment Financing Districts") within the Development District in order to finance the costs of its development and redevelopment activities, which Tax Increment Financing Districts are described on the attached Exhibit Bi and WHEREAS, the City has adopted an enabling resolution establishing an Economic Development Authority (the "EDA"), pursuant to Minnesota Statutes, Sections 469.090 to 469.108, inclusive, as may be amended and supplemented from time to time, such resolution being Resolution No. dated April 5, 1994i and WHEREAS, Minnesota Statutes, Section 469.094, Subd. 2, authorizes the City, by resolution, to transfer the control, authority and operation of the Development District and its Tax Increment Financing Districts to the EDA. \ / 1 , NOW, THEREFORE, be it resolved by the City Council of the ) City as follows: The City hereby transfers to the EDA the control, authority and responsibility of operation for the Development District and its Tax Increment Financing Districts. Pursuant to Minnesota statutes, Section 469.094, Subd. 2, the EDA may exercise all of the powers that the City would have with respect to the Development District and its Tax Increment Financing Districts. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: r , Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor and attested to by the City Clerk on the 5th day of April, 1994. Mayor ATTEST: City Clerk \ ) 2 / CERTIFICATION I, Administrator-Clerk of the City Minnesota, hereby certify that correct copy of Resolution No. on the 5th day of April, 1994. , of the the duly qualified Andover, County of Anoka, foregoing is a true and passed by the City Council , Administrator-Clerk \ I / 3 , EXHIBIT A \ / DEVELOPMENT DISTRICT NO. 1 AS ESTABLISHED JULY 29, 1985 PIN 34 32 24 44 0006 PIN 34 32 24 44 0008 PIN 34 34 24 44 0007 PIN 34 32 24 44 0005 PIN 34 32 24 44 0004 PIN 34 32 24 44 0003 PIN 34 32 24 44 0002 PIN 34 32 24 44 0001 PIN 34 32 24 22 0001 PIN 35 32 24 21 0001 PIN 34 32 24 23 0001 PIN 35 32 24 24 0001 PIN 35 32 24 12 0001 PIN 34 32 24 43 0001 PIN 34 32 24 43 0002 PIN 34 32 24 43 0004 PIN 34 32 24 41 0001 PIN 34 32 24 41 0002 PIN 34 32 24 41 0005 PIN 34 32 24 41 0004 PIN 34 32 24 41 0010 PIN 34 32 24 41 0011 PIN 34 32 24 41 0008 PIN 34 32 24 41 0007 PIN 34 32 24 41 0006 PIN 34 32 24 31 0003 PIN 34 32 24 34 0001 PIN 34 32 24 33 0001 PIN 34 32 24 42 0006 PIN 34 32 24 42 0005 PIN 34 32 24 42 0004 PIN 34 32 24 42 0001 PIN 34 32 24 42 0003 PIN 34 32 24 42 0002 PIN 34 32 24 42 0007 PIN 34 32 24 42 0008 PIN 34 32 24 42 0009 PIN 34 32 24 42 0010 PIN 34 32 24 24 0003 PIN 34 32 24 24 0001 PIN 34 32 24 24 0003 PIN 34 32 24 12 0001 PIN 34 32 24 13 0001 PIN 34 32 24 13 0002 PIN 34 32 24 11 0001 PIN 34 32 24 14 0001 PIN 34 32 24 14 0002 PIN 34 32 24 14 0003 PIN 34 32 24 32 0001 PIN 34 32 24 32 0002 PIN 34 32 24 32 0003 PIN 34 32 24 32 0004 PIN 34 32 24 31 0004 PIN 33 32 24 31 0005 PIN 34 32 24 31 0006 PIN 34 32 24 31 0013 PIN 33 32 24 31 0007 ) PIN 34 32 24 31 0008 PIN 34 32 24 31 0009 PIN 34 32 24 31 0011 / PIN 34 32 24 31 0010 PIN 35 32 24 11 0001 PIN 35 32 24 14 0002 PIN 26 32 24 32 0006 PIN 26 32 24 32 0004 PIN 33 32 24 42 0001 PIN 33 32 24 43 0033 PIN 33 32 24 41 0001 PIN 33 32 24 44 0001 PIN 33 32 24 44 0002 PIN 34 32 24 23 0002 PIN 34 32 24 23 0003 AS MODIFIED SEPTEMBER 2, 1985 All of Blocks 1, 2, 3, and 4, ANDOVER COMMUNITY SHOPPING CENTER, according to the plat on file in the office of the County Recorder, Anoka County, Minnesota EXCEPT Lot 1, Block 2, and also EXCEPT that part of Lot 1, Block 3 described as follows: Commencing at the northeast corner of said Lot 1, Block 3; thence South, assumed bearing, along the east line thereof 196.00 feet to the point of beginning of the land to be described; thence South 254.46 feet; thence South 51 degrees 25 minutes 23 seconds West 129.99 feet; thence North 89 degrees 49 minutes 12 seconds West 166.00 feet to a point in the west line of said Lot 1 ; thence North 00 degrees 10 minutes 48 seconds East, along said west line, a distance of 335.00 feet; thence East 266.57 feet to the point of beginning. , AS MODIFIED SEPTEMBER 15, 1987 / PIN 34 32 24 32 0004 EXHIBIT B J TAX INCREMENT FINANCING DISTRICT NO. 1-1 PIN 34 32 24 33 0001 PIN 34 32 24 42 0007 PIN 34 32 24 31 0007 PIN 34 32 24 42 0004 PIN 34 32 24 42 0010 PIN 34 32 24 31 0011 PIN 34 32 24 42 0002 PIN 34 32 24 32 0005 PIN 33 32 24 42 0001 PIN 34 32 24 42 0009 PIN 34 32 24 31 0004 PIN 33 32 24 44 0001 PIN 34 32 24 24 0001 PIN 34 32 24 31 0016 PIN 34 32 24 23 0003 PIN 34 32 24 14 0001 PIN 34 32 24 31 0017 PIN 34 32 24 42 0003 PIN 34 32 24 31 0006 PIN 34 32 24 31 0009 PIN 34 32 24 41 0001 PIN 34 32 24 31 0008 PIN 34 32 24 41 0001 PIN 34 32 24 41 0002 PIN 34 32 24 31 0010 PIN 34 32 24 23 0002 PIN 34 32 24 41 0003 PIN 33 32 24 43 0033 PIN 34 32 24 34 0001 PIN 34 32 24 41 0004 PIN 33 32 24 44 0002 PIN 34 32 24 42 0005 PIN 34 32 24 41 0006 PIN 34 32 24 31 0003 PIN 34 32 24 42 0008 PIN 34 32 24 24 0002 PIN 34 32 24 42 0006 PIN 34 32 24 32 0003 PIN 34 32 24 31 0014 PIN 34 32 24 42 0001 PIN 34 32 24 31 0005 PIN 34 32 24 31 0012 PIN 34 32 24 31 0015 PIN 34 32 24 32 0004 TAX INCREMENT FINANCING DISTRICT NO. 1-2 \ All of Blocks 1, 2, 3, and 4, ANDOVER COMMUNITY SHOPPING / CENTER, according to the plat on file in the office of the County Recorder, Anoka County, Minnesota EXCEPT Lot 1, Block 2, and also EXCEPT that part of Lot 1, Block 3 described as follows: Commencing at the northeast corner of said Lot 1, Block 3; thence South, assumed bearing, along the east line thereof 196.00 feet to the point of beginning of ~he land to be described; thence South 254.46 feet; thence South 51 degrees 25 minutes 23 seconds West 129.99 feet; thence North 89 degrees 49 minutes 12 seconds West 166.00 feet to a point in the west line of said Lot 1; thence North 00 degrees 10 minutes 48 seconds East, along said west line, a distance of 335.00 feet; thence East 266.57 feet to the point of beginning. J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 AGENDA fIO. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Item Todd.J. H~as,~~ Eng~neer~ng ITEM fIO. Public Hearing/Bunker Lake Boulevard Frontage Road/93-30 B~ 4. The city Council is requested to hold a public hearing scheduled for 7:01 PM, Project 93-30, Bunker Lake Boulevard Frontage Road between Jay Street NW and Hanson Boulevard NW and also south to Commercial Boulevard. Attached are the following: * Resolution ordering improvements * Letter to property owners * Public hearing notice * List of property owners * Preliminary assessment roll Note: Backup information is in your March 15, 1994 packets along with the feasibility report. Note: The project was not petitioned for by property owners. Therefore, 4 of 5 votes is necessary to do the project. City staff and TKDA met with property owners that are affected by the project on March 24 to explain the project and answer any questions they may have had. The property owners will be requesting the City Council to consider the following items: 1. Can connection charges for city water not be assessed until such time they connect to the system? CONTINUED MOTION BY: SECOND BY: TO: ) staff comments: Yes, the city may do this but the property owners need to understand that the charges may increase or decrease and they would pay the rate charge for that year that they connect (we recommend both sanitary sewer and watermain connection charges). 2. Can the term of assessment be extended beyond 10 years? staff comments: The assessment policy adopted by the City allows projects to be assessed for a period of up to 10 years. 3. How will acquisition of right-of-way and drainage easements be handled? Staff comments: The City would order condemnation for the necessary right-of-way and easements and make every effort with property owners to negotiate settlement prior to the start of condemnation. 4. When will construction be completed? Staff comments: If the project is ordered tonight, the City will make every effort to complete the construction by the end of the 1994 construction season. 5. will access be maintained during construction? \ Staff comments: Yes, every effort will be made during the day and access must be required at the end of the each working day. \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA I I RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN PROJECT NO. 93-30 IN THE BUNKER LAKE BOULEVARD FRONTAGE ROAD AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 039-94 of the City Council adopted on the 15th day of March , 19~, fixed a date for a public hearIng; and WHEREAS, pursuant to the such hearing was held on the 19~; and required published and mailed notice, 5th day of April WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement project No. 93-30 \ I BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate TKDA as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember and adopted by day of the City Council at a regular meeting this 5th April , 19 94 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk \ / ) \ .I , , ) CITY of ANDOVER 1885 CROSSTOWN eOUI.EVAAO N,W. . ANDOVER. MINNESOTA 55304 . (012) 7/!S.S1OQ March 22, 1994 .' ~e: Pro~osed construction o~ Bunker ~axe BoulevArd Frontage Road between Jay street NW and Hanson Boulevard NW (CSAH 78) and south b,tween the proposed Bunker Lake Boulevard Frontage Road and Commercial &oulevard for the improvement of sanitary sewer, watermain, atreetl and storm drains (project 93-30). Oear propetty awner: A feasibility report has been prepared to determine the estimated COlt to construct aanitary sewer, watermain, streets and atorm drains for the area mentioned above. Discussion: We are propoain9 to cQnstruct Bunker Lake Boulevard rrontage Road between Jay Street NW to just west of Hanson Boulevard NW and then south to commercial Boulevard (see attached diagram). The construction will allo include sanitary sewer, watermain and storm drains. I!:;timahd Cost: The proposed construction is proposed to utilize the Tax Increment rinancin; (TIt) funds and as~ess benefittin9 properties. At this point the estimated total conatructlon is approximately $571,000.00. ThQ estimated aases;able costs are approximate11 for your parcel for sanitary sewer, watermain, streets and storm drains. This cost can be aS$Gssed over a 10 year period at about 7\ interest or the assessment may be paid in full within 30 day. of the assessment hearinq with no intere.t. If you have any questions, feel free to contact one of us. Sincerely, 7nU' I~ Todd J. Haas Assistant City En9ineer 755-5100 .' John Davidson T~OA/Actin9 City Engineer 292-4S6e T"H(Jo:rja Enol. ,;...c... '::-.. ) (0.' ,i'\. .. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 ."'., " " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENTS PROJECT NO. 93-30 BUNKER LAKE BOULEVARD FRONTAGE ROAD ANDOVER, MINNESOTA NOTICE is hereby given that the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard N.W. in the City of Andover, on Tuesday, April 5, 1994 at 7:00 P.M. or shortly thereafter to consider the making of the following improvements: '. sanitary Sewer, Watermain, Street and Storm Drain Construction The property to be assessed, pursuant to Minnesota Statutes Section 429, for the improvement is within the following described area: / Along proposed Bunker Lake Boulevard Frontage Road from Jay Street NW to Hanson Boulevard NW (CSAH 78) which is located in Section 34, Township 32, Range 24, City of Andover, Anoka County, Minnesota. and South between the proposed Bunker Lake Boulevard Frontage Road and Commercial Boulevard which is located in Section 34, Township 32, Range 24, City of Andover, Anoka County, Minnesota. The estimated cost of such improvement is $571,000.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. CITY OF ANDOVER ...., tL-t~ ria Victona Volk City Clerk Publ~~tion Dates: March 25, 1994 and April 1, 1994 Q 34 32 24 41 0001 Edward J & JA Prater 1786 Bunker Lk Blvd NW Andover, MN 55304 , )4 32 24 41 0005 -steve Pual Bendtsen Robert D Bendtsen 1716 Bunker Lk Blvd NW Andover, .MN 55304 34 32 24 41 0011 ABC Mini Storage, Inc. 13624 Hanson Blvd NW Andover, MN 55304 34 32 24.41 0006 Roger D & Darlene Streich 13024 Crooked Lk Blvd NW Coon Rapids, MN 55433 labels93-30 (Rhonda) \ '. J 34 32 24 41 0002 John P & Shiela M Imre 15844 Sycamore st NW Andover, MN 55304 34 32 24 41 0004 Kenneth Rittmueller Murphy Oil USA, Inc. 7200 France Ave S Sui te 334 " Edina, MN 55435 34 32 24 41 0008 Kottkes Bus Service 13625 Jay st NW Andover, MN 55304 34 32 24 41 0002 Edward J & JA Prater 1786 Bunker Lk Blvd NW Andover,MN 55304 34 32 24 41 0003 Steve Paul Bendtsen Robert D Bendtsen 1716 Bunker Lk Blvd NW Andover, MN 55304 34 32 24 41 0010 Kottkes Bus Service 13625 Jay st NW Andover, MN 55304 34 32.24 41 0007 Kottkes Bus Service 13625 Jay st NW Andover, MN 55304 .-- I 1- ) I I I I II I I I I I I q II II II '\ ) II II , I j ...I ...I o a: !Z w ::::!1 en en w en en ct: > a: ct: z :e :i w a: c. '0 <Il o a: lJ) C) <Il - C o ... U. '0 .... ... CO ~ cu l() lJ) _0 -00.... ::J_ en . 0'-,- lJ) 0 COMCZ lJ) 0).5 C ":'::C:;::Eo <Il lJ) .- ...I.~~~ ... e lJ).- ~a..~EE C >. 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Q) ~ Q) U) ~ :t:: c: <1l Cf.l C1i '0 Z ~ - ~ " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 Discussion Item Todd J. Haas, /' Engineering APPROVED FOR AGENDA AGENDA r-o. SECTION ORIGINATING DEPARTMENT ITEM r-o. Order Condemnation/Bunker Lake Blvd. Frontage Road/93-30 B~:. J ~ 6. The City Council is requested to approve the resolution ordering condemnation for the following properties for Project 93-30, Bunker Lake Boulevard Frontage Road. PIN 34-32-24-41-0001 PIN 34-32-24-41-0004 PIN 34-32-24-41-0007 PIN 34-32-24-41-0008 PIN 34-32-24-41-0010 , PIN 34-32-24-41-0011 The condemnation proceedings are for the proposed utilities and street construction. Spur will need municipal sanitary sewer and water service. Those services need to corne from Jay Street. The City Council has already ordered condemnation for PIN 34-32-24-41-0002. Note: The staff will discuss the possibility of making a trade with Spur for the right-of-way along the north side of the property for the right-of-way along the west side of the property. MOTION BY: SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ORDERING CONDEMNATION FOR THE DRAINAGE, UTILITY AND STREET EASEMENTS THAT ARE NECESSARY FOR PROJECT NO. 93-30, BUNKER LAKE BOULEVARD FRONTAGE ROAD AND SOUTH TO COMMERCIAL BOULEVARD. WHEREAS, the City Council approves the condemnation for the following properties: PIN 34-32-24-41-0001 PIN 34-32-24-41-0004 PIN 34-32-24-41-0007 PIN 34-32-24-41-0008 PIN 34-32-24-41-0010 PIN 34-32-24-41-0011 WHEREAS, the City Council allows the City Attorney and City Staff to determine the proper method of proceeding. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to authorize the City Attorney to proceed with condemnation, project No. 93-30. ) / Adopted by the City Council of the City of Andover this 5th day of April , 19~. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk , } I.~_~~-=--__-=-~~__~~g.=-~~~.g~~~ ~~~~_~~~~ ~~VD'_=: :==--_ I ~I I ( ----, I I I I_ -I,: : - -- - - ] : 'I . -II (21 131 141 141 I ::: .i :~.""' WEST EAST J II III PiJ.....:....:":::....:".::.::. .'"t:/:.... ..-.......... . II " 33'S.S II I I II. I ..... Iltl a:: I~ ~I 1:--' II~ r AREA TO SB VACATED I / I I I I I 36'SS OO! ... .--_.~ .". ... .-. :-:-.~: :,.- (8) EAST ... ~ "I-ro" (81 ~-:..!.,:..,....r..:;' WES T c:i ~ {IJ I Z o CJ) z <! :I: 171 I I I COMMERCIAL BLVD. --............ r II m I I I I . ....--I II] II I- BUNKER LAKE BOULEVARD FRONTAGE ROAD CITY PROJECT 93-30 ANDOVER, MINNESOTA STREETS DRWG. COMM. NO. 10581 NO. I N l?ZZLl A f?.EA B€lN6 COV.$IJ?E,J?EO. I / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 Discussion Item Todd J. Haas, ~ Engineering APPROVED FOR AGENDA AGENDA t-O. SECTION ORIGINATING DEPARTMENT ITEM t-O. Selection of Surveyor/Bunker Lake Blvd. Frontage Road/93-30 BY:~ ~. The City Council is requested to approve Caine and Associates to prepare the right-of-way plat for Bunker Lake Boulevard Frontage Road, Project 93-30. Quotes received are as follows: Caine and Associates Hy-Land surveying John Oliver and Associates $1,900.00 $2,500.00 $2,800.00 MOTION BY: SECOND BY: TO: Q.3-:3e; JEFFREY N. CAINE R.LS. (I) eail1c ~ Assodatcs bll1d Surl/c!lors, /I1C. 17720 HIGHWAY 65 HAM LAKE, MINNESOTA 55304 434-7646 ) -' ~~"'~.J"<"o:f'''':'1'' ... .~.., 10..... _ to:;. ; "~ /';-... -.-~",:\ \. -- ."..,' .... r:-:..:l;.v March 25, 1994 MAR 28 1994 CITY: 't., . v ,-" ,Jj,- ;iJ~p Mr. Todd Haas City of Andover 1685 Crosstown Blvd. NW. Andover, MN. 55304 HE: Estimate for H/W Plat for part of Andover Blvd. Frontage Road (Project 93-30) Dear Mr. Haas: At your request, I have prepared the following estimate of the cost to provide the City of Andover with the surveying services necessary to prepare a plat of the right-of-way of a frontage road along Bunker Lake Blvd. and a road running south from the frontage road to proposed Commercial Blvd.: \ I I will prepare a plat of the right-of-way of a proposed frontage road adjacent to and southerly of Bunker Lake Blvd. east of Jay 5treet and also a road running south from the frontage road to proposed Commercial Blvd., for $1,700 to $1,900.00, not to exceed $1,900.00. The survey will include preparation of the plat, setting iron monuments at all plat boundary corners and curve points, legal descriptions for portions of underlying properties that lie within the right-of-way, and mylar copies for recording. I am assuming that the City existing legal descriptions project. of Andover will provide us with the for the parcels adjoining this I will complete the work within authorization to proceed. 4 weeks of receiving Thank you for the opportunity to submit this proposal. If you have any further questions, please feel free to contact me. Yours truly, Caine & Associates Land 5urveyors, Inc. , \ I , (..~~ ~~~ '.J I Jeffrey N. Caine, President II I Lnl'll.) ...;'..)l.....VL I .Ll'il...! 1c..L-'V.L~-..JVV-~Vf;) 1'1 r:l I -:;),;:'14 lU '4L PlU .UUO r- .lJL 9.3-30 HY-LAND SURVEYING, P.A. LAND SURVEYORS tl .~ l C. t. j .;._." _~. l'~ll...I... ij~l --"., -..--...--- - I ti \1 MAR 2 19J~ 11JJ CITY OF ANOOI.'!::!? March 27, 1994 City of Andover 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 Attn: Todd J. Haas Assistant City Engineer Dear Todd, Thank you for the opportunity to give you an estimate on the Bunker Lake Boulevard Frontage Road Project. The following are a list of requirements for recording the plat. \ , I 3. 4. Prepare right-of-way plat~ Monument plat. Supply underlying legal description. Cost for mylars. $ 500.00 $ 900.00 $1,000.00 $ 100.00 1. 2. 5. Work to commence within 5 working days and completion within 20 working days. Total estimate of the above items is: $2,500.00 Thank you for considering By-Land Surveying for this project. Sincerely, ~H;;jr/ \ l 7845 Brooklyn Blvd. · Brooklyn Park, Minnesota 55445 · 560-1984 FAX 6124415665 JOliN OLIVER ASSC POI r3-~ -,. ') J. eMI Eagfnftrfng l.GII4 Surwrfng l.GII4 PIGM'ng John Oliver & Associates, Inc. SlO Do. A_.. fUr RIwr, )IN &suo (6U) 441.2012 . For. 441o$66S March 29, 1994 Mr. Todd Baas, Assistant City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, Minnesota 55304 /) l\ f (, r J .\'1 IJ /) E 'L "" iJ l~nl/---- .. ....... I. Ii . I:: Mft.R 2 10:1 -: 'i .,!lJ . I i:&' cr'--'T-- . _.,.,._. _.__.." CITY OF ANDO"':~ Re: Bunker Lak. Boulevard Froni:age Road Plai: Dear Todd: The following is our quote for the following scope of work relative to the above referenced right of way plat: 1. Prepare right of way plat per sketch 2. Monument plat PC' 8 and PT' 8 3. Supply underlying parcel deacriptions 4. Supply mylars and County checking 5. Project start 4/4/94, completion 5/4/94 , / Price Quoi:e $2800 If there are any questions please feel free to call. Sincerely, John Oliver 5. ~::11' L.S. ., 1UI: ,I I 1 I I I 0-, I I- Illi 0:: I~ I \ II \ \ I \ \ ~ INSP . ~ I I -------- ~ -~ ~" I " (31 (4) .~ :'1.""\ WEST ......:./:..: fJ..:J .:":-*':: ::....:.:.:...: . . ... .. . .-. ... . . 33'S.S 36'SS OO! I I , :.i"'~ :..:.~ . .. .. . '- ." 1 ..,/- r-" (81 .~-:.4"'.i.....'!::;' . WEST (7) I I I COMMERCIAL BLVD. --............ N \ J V'/ /;1 AReA -ro p'-.ftr o/w' @ (61 I I (4) EAST I AREA TO SS VACATED I / I I I J , \ (8) EAST ci ~ 1m I z 0 (f) Z <! :I: m I I I I \ .....-J BUNKER LAKE BOULEVARD FRONTAGE ROAD CITY PROJECT 93-30 ANDOVER, MINNESOTA STREETS DRWG. COMM. NO. 10581 NIO. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5. 1994 AGENDA r-o. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Item Todd J. Haas, ~ Engineering I ITEM r-o. Winslow Hills 3rd Storm Drainage/93-5, Cont. BY:- ~ ~ 7- The City Council is requested to review the 2 alternatives that have been proposed by Winslow Hills Properties in order to resolve the concerns of Winslow I. and Corrine Holasek's property at 1159 Andover Boulevard NW. The developers, Winslow Holasek and Gary Gorham along with their attorney (Jim Neilson) met with Mayor McKelvey, City Engineer John Davidson and myself along with the Coon Creek Watershed District Administrator Tim Kelly. The alternatives were presented and discussed. The recommendation by staff is as follows: Accept alternate 2 and allow the City of Andover to continue to issue building permits until April 19, 1994 to allow the property owner to prepare the necessary easements and to allow the City Engineer to review the easements. The $16,100.00 will be paid from Project 93-9, Xeon street Trunk Storm Sewer Fund. Note: City staff will be proposing an amendment to the Water Resource Management Plan at the next meeting to address how these issues will be resolved in the future. MOTION BY: SECOND BY: TO: r:-. J RE: Winslow Hills Properties - City of Andover Points of discussion in order to resolve the potential flooding of the Winslow I. Holasek and Corinne Holasek property at 1159 Andover Boulevard NW, Andover, MN 55304. ALTERNATIVE 1: 1a. The present 890 foot elevation of Xeon Street NW be maintained. " J lb. Dike to be constructed on the easterly portion of Lots 4 and 5, Block 2, Oak Bluff, lying north of the northwesterly extension of the southwesterly line of that portion of the storm sewer easement described in the deed dated January 12, 1994 between Winslow I. Holasek and Corinne Holasek, husband and wife, as grantors and the City of Andover, as grantee, as follows: "thence North 45 degrees 41 minutes 46 seconds west a distance of 145.00 feet, more or less, to the west line of the east 100 feet of the said Northeast Quarter of the Northwest Quarter". The dike then to proceed in a southeasterly direction and in a southerly direction to the elevation marked "892" as shown on the preliminary engineering drawing by TKDA attached to the TKDA letter to Mr. Tim Kelly dated March 21, 1994. 1c. Drainage easement to be dedicated to the City of Andover for that portion of the East 100 feet of the Northeast Quarter of the Northwest Quarter, Section 26, Township 32, Range 24, Anoka County, Minnesota, on which the dike is located and westerly thereof. ALTERNATIVE 2: 2a. Xeon Street NW to be raised to 892 feet as originally proposed by TKDA. 2b. Holasek garden on west side of Xeon Street NW to be raised to 892 feet with the topsoil to be removed and stored, fill added and then topsoil to be replaced. Garden to be tapered to drain in a southwesterly direction. 2c. Culvert under Xeon Street NW to be filled. / 2d. Land east of Xeon Street NW to be drained by a pipe from the lowest area south of the \ ) present culvert under the road in a southwesterly direction to a point 15 feet east of the west line of the Northwest Quarter of the Northeast Quarter, Section 26, Township 32, Range 24, and then southerly into the Xeon Street NW storm sewer pipe. 2e. Drainage easement to be dedicated to the City of Andover over the east 100 feet of the Northeast Quarter of the Northwest Quarter, and over the west 30 feet of the Northwest Quarter of the Northeast Quarter, all in Section 26, Township 32, Range 24, Anoka County, Minnesota, lying westerly of the 892 foot elevation, lying south of the Holasek garden and lying northerly of the southerly 892 foot elevation. , / 3. The easement area to be purchased from Winslow I. Holasek and Corinne Holasek by Winslow Hills Properties, a Minnesota partnership, for $16,100.00. Winslow Hills Properties to sell the easement area to the City of Andover for the same price that it paid for it either in cash or a credit to be given to Winslow Hills Properties in a like amount to be applied towards the trunk storm sewer assessment for Winslow Hills Third Addition. 4. TKDA to provide to Winslow I. Holasek and Corinne Holasek a written assurance that the ponding area and storm sewer project as engineered by TKDA will not cause flooding onto the Winslow I. Holasek and Corinne Holasek property. 5. The City of Andover to provide written assurance that Winslow I. Holasek and Corinne Holasek or their assigns will be able to drain all storm water from the balance of the developable land of the Holaseks lying between Hanson Boulevard on the west, the north line of Holasek property on the north, the Burlington Northern Railroad Right-of-Way on the east and Andover Boulevard on the south, without providing any additional storm sewer easements or any storm water ponds outside of the area to be platted. , ; 6. The City of Andover acknowledge in writing that Winslow I. Holasek and Corinne M. Holasek have provided all easements required by paragraph 2.K.6. of the Development Contract on Winslow Hills Third Addition dated September 8, 1993 and ) 7. \. ) / that no further easements will be requested. Necessary construction easement also to be provided to the City of Andover. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Aoril 5. 1994 AGENDA f\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA ~ Andover Review Committel Discussion Item ITEM f\O. Approve Timber Meadows 2nd Addn. Preliminary Plat B~ r. The City Council is requested to review the preliminary plat of Timber Meadows 2nd Addition per Ordinance 8 and 10 and all other applicable ordinances and policies as requested by Woodland Development Co. The Andover Review Committee (ARC) has reviewed the revised preliminary plat from changes that had been recommended by the Planning and zoning Commission. Their comments are as follows: General Comments * The proposed preliminary plat is currently zoned R-1, Single Family Rural. In addition, the proposed plat is not within the Metropolitan Urban Service Area (MUSA). * The proposed subdivision consists of 37 single family rural residential lots. * The developer and/or owner is responsible to obtain all necessary permits (DNR, U.S. Army Corps of Engineers, Lower Rum River WMO, LGU, MPCA and any other agency which may be interested in the site). Other Comments The Andover Review Committee has reviewed the following variances that are being requested as part of the revised preliminary plat. 1. Variance (Block 2, Lots 4 & 5; Block 4, Lot 9) from Ordinance 10, Section 9.06 a(3) as the lots do not meet the area requirement of 108,900 square feet. CONTINUED MOTION BY: SECOND BY: TO: , , / The Andover Review Committee has reviewed these variances and because the existing ditch and the ability to save significant trees, the variances proposed are reasonable. Note: The preliminary plat submitted to the Planning and zoning Commission for review proposed nine (9) variances. Planning and zoning Commission Recommendation The Commission has reviewed the preliminary plat and is recommending approval with variances as recommended at their March 8, 1994 meeting. Park and Recreation Commission Recommendation The Commission has reviewed the preliminary plat and is recommending cash in lieu of land. 8.01 IDENTIFICATION AND DESCRIPTION a. Proposed name is Timber Meadows 2nd Addition. d. Scale is 1" = 100' g. The preliminary plat, grading, drainage and erosion control plan was prepared by Hakanson-Anderson Assoc., Inc. ~ ) 8.02 EXISTING CONDITIONS b. Total acreage is 113.495. c. The existing zoning within 300 feet of the proposed plat has been shown. f. Location of all existing telephone, gas, electric and other underground/overhead facilities are shown on preliminary plat as per ordinance requirements. g. The boundary lines within 100 feet of the plat have been shown along the names of the property owners. h. A Tree Protection Plan has been reviewed and approved by the Tree Inspector. This is a requirement prior to any construction. j. A soil boring report has been received by the City. All unbuildable soils will be required to be removed within all right-of-ways. 8.03 DESIGN FEATURES a. The proposed right-of-way as indicated is 60 feet. I J c. The storm drains and streets plan and profile will be designed by the developer's engineering consultant and will need to be reviewed and approved by the City Engineer. g. The setbacks for each lot are shown. I / h. The proposed method of disposing of surface water has been shown on the grading, drainage and erosion control plan. The developer is required to comply with the Water Resource Management plan that was approved in January 1993. 8.04 ADDITIONAL INFORMATION b. Source of water supply is private wells. c. Sewage disposal facilities will be private septic system. d. Rezoning of properties will not be required. f. Flood plain Management is the Lower Rum River WMO (see Section 9.04(b) for additional information regarding the 100 year flood elevation). g. Street lighting is required and the installation costs will be paid for by the developer. j. The total linear road mileage for the proposed plat is 1.506 miles. 9.02 STREET PLAN \ ) a. The typical section, right-of-way and grade are indicated on the preliminary plat. 9.03 STREETS a. The proposed right-of-way is shown as 60 feet which conforms to standards by classification. m. Driveway access shall be 60 feet or more from any intersection. n. Boulevard is required to be topsoil and seeded and to provide erosion control. 9.04 EASEMENTS b. A drainage easement is shown to follow the 100 year flood elevation. 9.06 LOTS e. The developer is responsible to obtain all necessary permits from the Lower Rum River WMO, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. 9.07 PARKS, PLAYGROUNDS, OPEN SPACE \ park dedication as recommended by the Park and Recreation ) Commission. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA j RES. NO. A RESOLUTION APPROVING THE PRBLIMINARY PLAT OF TIMBER MEADOWS 2ND ADDITION AS BEING DEVELOPED BY WOODLAND DEVELOPMENT CO. LOCATED IN SECTION 8 & 17, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and zoning Commission has conducted a public hearing; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing the Planning and zoning Commission recommends approval of the plat citing the following: 1. A variance be granted for Block 2, Lots 4 & 5 and Block 4, Lot 9 for lot area from Ordinance 10, Section 9.06A3 as the lot does not meet the minimum 108,900 square feet requirement. 2. Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer. \ I / 3. The developer is responsible to obtain all necessary permits from the Lower Rum River WMO, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 4. Park dedication as recommended by the Park and Recreation Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Timber Meadows 2nd Addition Adopted by the City Council of the City of Andover this 5th day of March , 19 94. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Ap r il 5, 1994 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED t-.D. Discussion Item FOR AGENDA Todd J. Haas, ITEM Engineeri~ t-.D. Amendment to Development B~ Contract, Cont. 9. The City Council is requested to approve the policy amendment to the development contract as follows: PROPOSED POLICY No Certificate of Occupancy permits shall be issued for any lot in a plat until the following have been completed: 1. A letter from the developer's engineer certifying the plat has been graded according to the grading, drainage and ) erosion control plan as approved by the City. 2. Removal of all dead or dying trees from the property at the owners expense or escrow for any remaining trees that will need to be removed. Stockpiling the dead trees on the lot for residents removal for firewood will be acceptable only after the lot has been graded to plan. 3. Item 1 and 2 will be included in the development contract. The Andover Review Committee met with the developers and the proposed policy as presented is a compromise. The following items will still need to be included in the development contract which has been approved by the City Council at their November 2, 1993 meeting. 1. Building permits can be issued as long as the developers and/or builders build their own access roads (does not include ~se of right-of-way) which comply with the Uniform Fire Code that has been adopted by the City Council (Ordinance 63). CONTINUED MOTION BY: SECOND BY: TO: J 2. No Certification of Occupancy permits will be issued until the sanitary sewer and watermain have been inspected and accepted by the Public Works Director and the first one and a half (1 1/2) inches of bituminous has been placed. The Council may at its discretion, delete or change this 1 1/2" blacktop provision if requested by a developer who can prove exceptional conditions beyond his control which makes it unable for them to do it. 3. Any violations by the developers, builders or the subcontractors the City, at its option, may refuse to issue building permits to any property within the plat until such default has been inspected and corrected to the satisfaction of the City. Items 1, 2 & 3 will be included in the development contract for urban developments. Item 1 & 3 will be included in the development contract for the rural developments. , ) Note: The developers also understand that the timing for the grading and letter certifying will need to be well in advance of the first certificate of occupancy to allow the City Engineer to make the necessary inspections and for corrections, if any, to be made. \ I " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 AGENDA t-.D. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items Planning .~ David L. Carlberg City Planner ~ ITEM t-.D. Special Use Permit Area I.D. Signs (2) Timber Meadows Second Addi tion. /0. REQUEST The City Council is asked to review the Special Use Permit request of Woodland Development to construct two (2) "Area Identification" signs on lot 13, Block 4 and Lot 18, Block 4, Timber Meadows Second Addition. BACKGROUND ) For background information please consult the attached staff report presented to the Planning and zoning Commission and the minutes from their meeting. PLANNING & ZONING COMMISSION REVIEW The Planning and zoning Commission at their March 8, 1994 meeting, reviewed the request and recommends to the City Council that Woodland Development be granted a Special Use Permit for two (2) area identification signs as requested. A resolution is attached for Council review and approval. MOTION BY: SECOND BY: TO: \ J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -94 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT CORPORATION, INC. TO ERECT TWO (2) AREA IDENTIFICATION SIGNS ON LOT 18, BLOCK 4 AND LOT 13, BLOCK 4, TIMBER MEADOWS SECOND ADDITION. WHEREAS, Woodland Development Corporation, Inc. has requested a Special Use Permit to erect two (2) area identification signs (permanent monuments) on the property described as Lot 18, Block 4 and Lot 13, Block 4, Timber Meadows Second Addition; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03, and 8.07; and , ) WHEREAS, the Planning and zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to allow woodland Development Corporation, Inc. to erect two (2) area identification signs on said property with the following conditions: 1. The area for development is larger than five (5 a.) acres. 2. The maximum square footage of the sign is thirty-two (32 s.f.) square feet. 3. The sign shall be located ten (10') feet from any property line. 4. The Special Use Permit will be subject to annual review by Staff. , \ J page Two Special Use Permit - Area Identification Sign Timber Meadows Second Addition woodland Development Corporation, Inc. March 8, 1994 5. The applicant shall execute a written agreement with the city for the maintenance of the sign. 6. The applicant shall apply for and be granted a sign permit before the erection of the signs. Adopted by the City Council of the City of Andover on this 5th day of April , 1994. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: , i / Victoria Volk, City Clerk Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 1994 , Page 3 / (Public Hearing: Timber Meadows Second preliminary Plat, Continued) MOTION by Peek, Seconded by Jovanovich" to recommend approval of the preliminary plat per the attached exhibit resolution with the following adjustments: In Clause No. I, delete "Block 4, Lots 7, 9 and 10 and Block 5, Lots 3 and 4". Item No.2, delete "and Block 5, Lot 4". Add Item 6, which is removing the designation of sign easement from the plat. Add No.7, which is to explore a revised layout for Block 4, Lots 7, 9 and 10 to reduce the number of required variances for lot area. Add No.8, which is explore alternatives to the development of Block 5, Lots 3 and 4, either look at outlot development or not subdividing this into two lots but treating it as one lot. Motion carried on a 4-Yes, 2- Absent (Apel, Putnam), 1-Abstain (Dehn) vote. This will be heard by the City Council on April 5, 1994. 7:35 p.m. PUBLIC HEARING: SPECIAL USE PERMIT - AREA IDENTIFICATION (MONUMENT) SIGNS, TIMBERS MEADOW SECOND ADDITION - WOODLAND DEVELOPMENT CORPORATION 7:35 p.m. Mr. Carlberg explained the developer is requesting permission to locate two monument area identification signs to the proposed Timber 'J Meadows Second Addition. They would be located on Lot 18 at the / entrance to 166th Lane and on Lot 13 at the entrance to 163rd. The Andover Review Committee is recommending approval because it is in the rural area and the distance between the two roads is reasonable. The Commission noted the application asks for the signs on Block 2, Lot 5 and Block 4, Lot 13. Mr. Carlberg stated in talking with the developer, the request was for Lots 18 and l3. Only two signs will be allowed, one at each entrance; and it does not matter to the City which side of 166th the sign is on. Larv Carlson, Woodland Development Corporation - thought the request was for the southerly lot on 166th, that is Lot 18. Mr. Carlberg did not think there is a problem with the public notice since this is only a preliminary plat and the lot and block numbers are not yet legal descriptions. The sign locations are at the discretion of the developer, and they were trying to leave their options open. MOTION by Peek, Seconded by Dehn, to open the public hearing. carried on a 5-Yes, 2-Absent (Apel, Putnam) vote. There was no testimony. Motion public MOTION by Peek, Seconded by Dehn, to close the public hearing. carried on a 5-Yes, 2-Absent (Apel, Putnam) vote. 7:44 p.m. Motion \ I There was continued discussion on the specific location of the proposed signs, with everyone involved agreeing to Lots 18 and 13 as noted in the prepared Resolution. Mr. Carlberg stated Woodland Development will then have to apply for a sign permit, after which Staff will review the specifics of the signs. Commissioner Peek felt that two signs would be appropriate because the two roads in the plat are divided by the creek. If they were collinear, he would not recommend two signs. Regular Andover Planning and Zoning Commission Meeting \ Minutes - March 8, 1994 -' Page 4 (Public Hearing: Timber Meadows Second,Monument Signs, Continued) MOTION by Peek, Seconded by Jovanovich, to forward the draft Resolution contained in the Staff report on to the City Council with the recommendation for approval. Motion carried on a 4-Yes, 2-Absent (Apel, Putnam), l-Abstain (Dehn) vote. This will be heard by the City Council on April 5, 1994. 7:47 p.m. PUBLIC HEARING: SPECIAL USE PERMIT - DRIVE-THRU WINDOW, McDONALDS - ANDOVER DOWNTOWN CENTER, McDONALDS CORPORATION 7:47 p.m. Mr. Carlberg reviewed the request of McDonalds Corporation for a Special Use Permit for a drive-thru window at 13735 Round Lake Boulevard, the corner of the Downtown Shopping Center. It would be located in the existing parking lot area on the northeast corner of the intersection of Round Lake and Bunker Lake Blvds. The restaurant is a permitted use in the district; the Permit is for the drive-thru window only. Staff requested a "Proof of parking" to verify the parking requirements for the Downtown Center could be met. That proof was completed. Staff received several calls; most were inquiries and none , were opposed to the request. Mr. Carlberg recommended Item 3 be added as ) a condition to the Permit, that being the standard sunset clause. MOTION by Dehn, Seconded by Jovanovich, to open the public hearing at this time. Motion carried on a 5-Yes, 2-Absent (Apel, Putnam) vote. 7:55 p.m. Gary Meyer, McDonalds Corporation - explained the drive-thru window will be on the west side of the building, facing Round Lake Boulevard. The driving pattern will be from the north to the south. There will be a row of parking to the west of the drive-thru lane. The drive-thru area would be 10 feet and striped. He stated there is sufficient space for cars maneuvering in and out of the parking spaces without interfering with the drive-thru lane. Mr. Carlberg stated those items will be reviewed in detail during the site plan review. Mr. Meyer - stated there will be a lot of glass on the exterior with the standard finish, and it will look similar to the Brooklyn Park restaurant. " J Herb Bachern, McDonalds Corporation Real Estate Department - stated they are proposing to lease the site with an option to purchase in the future. They are leasing approximately 180 feet x 240 feet, which includes their parking. He raised the concern of the Permit being subject to an annual review. It is important that they get a Permit that they can rely on, as 51 percent of their business is through the drive-thru. There are no free-standing restaurants without drive-thru windows; the public expects them. He asked about the criteria for the annual review. Mr. Carlberg did not foresee any problems with the permit, but is a standard clause that gives the City the mechanism to deal with any problems that may arise. It allows the City and McDonalds ) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION March 8, 1994 AGENDA ITEM 4. Public Hearing Special Use Permit Area Id. Sign Timber Meadows II DATE ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA David L. Carlberg City planner BY*- BY: REQUEST The Andover Planning and Zoning Commission is asked to review the Special Use Permit request of woodland Development Corporation, Inc. to erect two (2) "Area Identification" signs (permanent monuments) to be located on Lot 13, Block 4 and Lot 18, Block 4, Timber Meadows Second Addition. Please consult the attached location map. APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 8.07 (D)(2) lists those signs allowed by Special Use Permit. Area identification signs may be allowed provided: 1. The area for development is larger than five (5 a.) acres. 2. One (1) sign per development. reviewed by the Andover Review Planning and zoning Commission Council. Additional signs shall be Committee (ARC) and the and approved by the City 3. The maximum square footage of the sign is thirty-two square feet (32 s.f.) in area. 4. The sign is located ten feet (10') from any property line. In reviewing a Special Use Permit request for any sign certain criteria shall be used. The criteria of most concern are: 1. No sign shall be permitted that constitutes a hazard to vehicular safety. 2. No sign shall be permitted that may tend to depreciate nearby property values, be a detriment to scenic or pleasant views, or otherwise mar the landscape. GENERAL REVIEW The applicant is requesting the Special Use Permit to erect two (2) permanent monument area identification signs for Timber Meadows Second Addition, a single family residential development. The Andover Review Committee has reviewed the sign locations and - . -. . .a..... 11.4~1-' t,.oII ..- ::J ) Page Two Special Use Permit - Area Identification Sign Timber Meadows Second Addition Woodland Development Corporation, Inc. March 8, 1994 COMMISSION OPTIONS A. The Planning and Zoning Commission may approve the Special Use Permit requested by woodland Development, Inc. to erect two (2) area identification signs (permanent monument signs) on Lot 13, Block 4 and Lot 18 Block 4, Timber Meadows Second Addition. The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan. The Commission also finds that the request meets the criteria established in Ordinance No.8, Section 8.07. The Commission shall also make the following conditions in accordance with Sections 8.07 and 5.03. \ J / 1. The area for development is larger than five (5 a.) acres; 2. The maximum square footage of the sign is thirty-two square feet (32 s.f.) in area; 3. The sign is located ten feet (10') from any property line; 4. The Special Use Permit shall be subject to annual review by Staff. 5. The applicant shall execute a written agreement with the City for the maintenance of the signs. 6. The applicant shall apply for and be granted a sign permit before the erection of the signs. B. The planning and zoning Commission may deny the Special Use Permit requested by woodland Development, Inc. to erect two (2) area identification signs (permanent monument signs) on Lot 13, Block 4 and Lot 18, Block 4, Timber Meadows Second Addition. The Commission finds the request does not meet the criteria established in Ordinance No.8, Sections 5.03 and 8.07. In denying the request, the Commission shall state those reasons for doing so. " J C. The Planning and zoning Commission may table the item. ,- I i \ CAS}NE"R \ r~D~.T/~N , . I I t : . 1 , , , ~ ~ cP 'fii~ f'""; :';'i ,,:,.,,;i,' ~ 1C~~11-~L,_ _ -~;~ --, ~~\\,'" l' iI, I \\/~~\'~"'J9,Ib:.1 .:' " 1 ' Ii' 1 \'. ."., ir~ro"'~.~ .2'Y.\ I," , I 'l~ I.,G~Y' J T~;:'. m~ . . .' i -I L -c .: ,T if ..aGe I I L.;..... ~~. .,,,-\\v' r:.. --:; 1, . . r ' ACRE I " \'. 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I A14' I(, , ~\' If/--.Y~~' I~ I: 1 I ! ~l I I r- R.t '---'- - )' lf~'i""""''"''<''(\\ ;J ,t '~:, .,L ;, ~ rf. ;,' '. . ''-~::~''.c;l..i''::~lT.5)' ~/' CITY of ANDOVER property 1685 ~~N BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 ~/ ~ Ie SPECIAL UVERKIT Address Lvt.~e:,lccL.2:r- L.,,... 13. \3.\......'J~- 4 Legal Description of Property: (Fill in whichever is appropriate): lEv ~ \3/7V<' J' Lot 1+- , Block /+ r~ Addition 1M k.c./, f~a,l.-"":-~ Secr,yd. I~'t.:' (If metes and bounds, attach the complete legal description.) Is the property: Abstract or Torrens ? (This information must be provided and can be obtained from the County.) PIN --------------------------------------------------------------------- ': I vtd'Lccf.~T ~.4C 51 b/J5 _flvl~~ fLlnA_~;\.A{,J I u F -Kt../'T<-' SI0/JS, Tl~ s~. <;;, I b",;,;, Si)....f'~~)t2-I.:qJ f;l..f .;{ 'x. ~ {/~'- -:r..J, ') q' n I ^ '6' Reason for Request Section of Ordinance gO{ J- 5. D3current Zoning J - ]: --------------------------------------------------------------------- Name of Applicant ~~U L\ u10 0 uW j) :0 q V ((. Lv p(nk AJ ,- ~ CU. r\.-'\.A-Ir:. <.:>lYcJc~r /rt0o (.. A- Phone _Lt 2.7 - 7 ~'2: Da te ;1- , I - q ~ Address Signature Home Phone " f ------------- ------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address , / Home phone Business phone Signature Date --------------------------------------------------------------------- UJ , -L i --'W I .........."".. W '~ ~ . <( Z I Q W.o. .i . J: <( . ~ '.' . '.;'1 C> ...." , U (f):=::' _I ~. 3;~' ~~.' ~l ""'" ::> ~ '"':2 -..J ~ . ~.;, ". <II1IIC.. .-. ",,--. ....'f" '. (f) .i) <::l . ,'. *. '~ I ____ ~ ~..J '- ''''.: OSB- -- __-- -----~ o -----" ---~ III -.... ~ '- --~---/- - --- ) r ,--- -- ~~ / l.L- <. / 0-: I --' V): i~1 ~ II") 0 /N I g /' CD I I /' ~ai .: v ~". .......1 1"_- I [I I ~ ~t:='~ r 1 I ~ l.L- ~ -. """ex:> i I S I '" J"., "" I "" " J '- I 0-. "- I, i " "- l.. . R. 24 I I "/ WOODLAND DEVELOPMENT CORPDRA TlON I 1 \ / \ II ~ "- \ "- I -./ " ) I - 0301' - I-- I ; , i. '0 0 ,r-) , - - - -- N :1 C'j' ,., ,...: a;j <i w Vl C'j "- Vl w iE l.. 0 w 7- :z :J ~ Vl GLAD] <(; w ~ --- SPECIAL USE PERMIT ) PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. 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 location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial Residential Amended SUP Recording Fee $190.00 ~u.0.1)i $ -scr:l) a. ~~ ~ Date Paid 2./23/qf- Receipt it 81-83 Rev. 5-06-93:d'A , Res. 179-91 (11-05-91) I CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on va1ues'of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. , I -' ., \ l PRINTER'S AFFIDAVIT OF PUBLICATION NOTICE Of PUBLIC HEARli;-G- - CITY Of ANDOVER COUNTY Of ANOKA STATE Of MINNESOTA : The Planning and Zoning Commiuion of I the City of Andover will hold a public hearing ! at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, March 8, 199. at the Andover City Hall, 1685 Crosstown Blvd. NW. Andover, MN to review the Special Use Permit' request of Woodland Development to allow for the erection of two (2) area identification signs (monuments) as defined in Ordinance No.8. Section 8.07 located at lot S. Block 2 and lot 13, Block 4, Timber Meadows Second Addition. All written and verbal" comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. -5. Victoria Volk Victoria Volk, City Cieri< abcdefghijklmnopqrstuvwxyz Published in Anoka Co. Union February 25 & M.rch 4, 1994 I ) STATE OF MINNESOTA County of Anoka ) ss ) Peter G. Bodley, being duly sworn, on oath says that he is the managing editor of the newspaper known as the Anoka County Union, and has full knowledge of the facts which are stated below: IA) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 33IA.07, and other applicable laws, as amended. (B) The printed .... NOnCE. .OF. .PU.BLIC. HEAHIN.G........................... ...............,.. .WOQdJ And. .l)e.v.elQPment................................... which is attached was cut from the columns of said newspaper, and was printed and published once each week, for. twO. . . . successive weeks; it was first published on Friday, the .... 25th. . . ... day of F e.br.uary. . .. ., 19.94., and was thereafter printed and published on every Friday to ~nd including Friday, the ... .4th........ day of . MQr.ch......., 19..911; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefgh i i klmnopqrstul/wxyz ''''dclgh;ik~"pq~I"~Y' .J~ Managing Editor Subscribed and sworn to before me on ~ . 4th daY'I~ IAJo,~..A A ~"""U" "~:~..~.~~~~ 0" OUll 8'cii" NOTARY PUBLIC . MINNESOTA . . . . . \ #"'; ANO~A COUNTY My Com.,I..lon .."I... MOl' 10. ~ X" n , ... h YrfY"fYY'fY'V'lVY.,...,,, '" RATE INFOR:\IATION (1) Lowest classified rate paid by commercial users for comparable space 7.00 $ (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter $ 7.00 (Line, word, or inch rate) 5.10 (3) Rate actually charged for the above matter $ (Line, word, or inch rate) Leo B Kimmel 3146 - l67th Lane NW Andover, MN 55304 I Bi In & Pamela Westlund 3318 - 167th Lane NW Andoyer, MN 55304 Dennis & Evelyn Ehman 23318 - 233rd Lane NW st. Francis, MN 55070 Russell Holm 16405 Round Lk. Blvd. NW Andoyer, MN 55304 James Larson & Charles Berke 3149 - 162nd Lane NW Andover, MN 55304 , / Kenneth Kobs 12179 Mississippi Dr. N. Champlin, MN 55316 Leo & Judy Brenny 3253 - 175th Lane NW Andoyer, MN 55304 Bernice J. Bennett 3425 - 161st Aye. NW Andover, MN 55304 Kenneth & paulette Kusie 3124 - 164th Lane NW Andover, MN 55304 Michael & PK Leonhardt J' '40 Jonquil st. NW A.....'over, MN 55304 timbermeadows2ndlabels (pat) Woodland Development Corp. 830 W. Main Street Anoka, MN 55303 Riverwoods Const. Co., Inc. 8482 NW Magnolia Coon Rapids, MN 55433 Gladys McCauley pfannschmidt Jerry & Teresa Borg 1710 Third Ave. S. 16463 Round Lk. Blvd. NW Anoka, MN 55303 Andover, MN 55304 Arlyce Anderson 16425 Round Lk. Blvd. NW Andover, MN 55304 Michael & Susan Beal 3153 - 164th Lane NW Andover, Mn 55304 Scott Wold Construction 16678 Valley Drive NW Andover, MN 55304 Robert & Bonnie Dehn Jr. 16485 Tulip street NW Andover, MN 55304 Knoll Farms 15709 Round Lk. Blvd. NW Andoyer, MN 55304 Dennis & SJ Cleveland 3126 - 163rd Lane NW Andoyer, MN 55304 LeRoy & Jacqueline Ternus 3125 - 164th Ave. NW Andover, MN 55304 Richard & Laine Sangren 16415 Round Lk. Blvd. NW Andover, MN 55304 William & Joan Mertes 16315 Round Lk. Blvd. NW Andover, MN 55304 GR & L Winters 16760 Round Lk. Blvd. NW Andover, MN 55304 Royce & Corine Bennett 16127 Tulip Street NW Andover, Mn 55304 Janet M. Kirk Custom Finishes Inc. 3139 - 162nd Lane NW Andover, MN 55304 James & Mary Perra 3125 - 164th Lane NW Andover, MN 55304 John & Dianna Theis 3124 - 164th Ave. NW Andover, MN 55304 J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 AGENDA SECTION NQ Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA planning 4L BY: ITEM t-.D. Special Use Permit Drive-Thru Window McDonalds Corp. Addition. David L. Carlberg City Planner ~.. ~'-V /1. REQUEST The City Council is asked to review the Special Use Permit request of McDonalds Corporation for a drive-thru window located at 13735 Round Lake Boulevard NW, legally described on the attached resolution. BACKGROUND . ; For background information please consult the attached staff report presented to the Planning and zoning Commission and the minutes from their March 8, 1994 meeting. PLANNING & ZONING COMMISSION REVIEW The Planning and zoning Commission at their March 8, 1994 meeting, reviewed the request and recommends to the City Council approval of the Special Use Permit for a driye-thru window as requested. A resolution is attached for Council review and approval. MOTION BY: SECOND BY: TO: \ I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. -94 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF MCDONALDS CORPORATION FOR A DRIVE-THRU WINDOW LOCATED AT 13735 ROUND LAKE BOULEVARD NW (PIN 32-32-24-13-0080), LEGALLY DESCRIBED AS LOT 3, BLOCK 1, ANDOVER COMMUNITY SHOPPING CENTER. WHEREAS, McDonalds Corporation has requested a Special Use Permit for a drive-thru window on the property located at 13735 Round Lake Bouleyard NW (PIN 32-32-24-13-0080), legally described as Lot 3, Block 1, Andover Community Center; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and " I WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestion or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive plan; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to approve the Special Use Permit on the above described property with the following conditions: 1. The Special Use Permit will be subject to annual review and site inspection by City Staff. 2. The Special Use Permit will be subject to McDonalds Corporation receiving Commercial Site plan approval from the City. 3. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). Adopted by the City Council of the City of Andover on this ___ day of , 1994. CITY OF ANDOVER J. E. McKelvey, Mayor " / ATTEST: victoria Volk, City Clerk If they were collinear, he would not recommend two signs. Regular Andover Planning and zoning Commission Meeting ) Minutes - March 8, 1994 Page 4 (Public Hearing: Timber Meadows Second Monument Signs, Continued) MOTION by Peek, Seconded by Jovanovich, to forward the draft Resolution contained in the Staff report on to the City Council with the recommendation for approval. Motion carried on a 4- Yes, 2-Absent (Apel, Putnam), 1-Abstain (Dehn) vote. This will be heard by the City Council on April 5, 1994. 7:47 p.m. ~ PUBLIC HEARING: SPECIAL USE PERMIT - DRIVE-THRU WINDOW, McDONALDS - \.Y ANDOVER DOWNTOWN CENTER, McDONALDS CORPORATION 7:47 p.m. Mr. Carlberg reviewed the request of McDonalds Corporation for a Special Use Permit for a drive-thru window at 13735 Round Lake Boulevard, the corner of the Downtown Shopping Center. It would be located in the existing parking lot area on the northeast corner of the intersection of Round Lake and Bunker Lake Blvds. The restaurant is a permitted use in the district; the Permit is for the drive-thru window only. Staff requested a "Proof of Parking" to verify the parking requirements for the Downtown Center could be met. That proof was completed. Staff received several calls; most were inquiries and none ) were opposed to the request. Mr. Carlberg recommended Item 3 be added as a condition to the Permit, that being the standard sunset clause. MOTION by Dehn, Seconded by Jovanovich, to open the public hearing at this time. Motion carried on a 5-Yes, 2-Absent (Apel, Putnam) vote. 7:55 p.m. Gary Meyer, McDonalds Corporation - explained the drive-thru window will be on the west side of the building, facing Round Lake Boulevard. The driving pattern will be from the north to the south. There will be a row of parking to the west of the drive-thru lane. The drive-thru area would be 10 feet and striped. He stated there is sufficient space for cars maneuvering in and out of the parking spaces without interfering with the drive-thru lane. Mr. Carlberg stated those items will be reviewed in detail during the site plan review. Mr. Meyer - stated there will be a lot of glass on the exterior with the standard finish, and it will look similar to the Brooklyn Park restaurant. Herb Bachern. McDonalds Corporation Real Estate Department - stated they are proposing to lease the site with an option to purchase in the future. They are leasing approximately 180 feet x 240 feet, which includes their parking. He raised the concern of the Permit being subject to an annual review. It is important that they get a Permit / \ that they can rely on, as 51 percent of their business is through the , / drive-thru. There are no free-standing restaurants without drive-thru windows; the public expects them. He asked about the criteria for the annual review. Mr. Carlberg did not foresee any problems with the permit, but is a standard clause that gives the City the mechanism to deal with any problems that may arise. It allows the City and McDonalds Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 1994 " ) Page 5 (Public Hearing: Special Use Permit, Drive-Thru, McDonalds, Continued) Commissioner Dehn raised the issue of foot traffic corning from the main entrance of the shopping center conflicting with the traffic of the restaurant. Mr. Meyer - stated there will be 90-degree parking stalls, and there will be a point during the peek drive-thru hours where cars will merge. That hasn't been a problem in other areas. This system will utilize the face-to-face ordering system; there will be no electronic communication system. Commissioner Peek asked if McDonalds Corporation proposed to develop additional parking lot landscaping to channel traffic and enhance the area. Mr. Meyer - noted the green areas and the boulevard areas. They like to set themselves aside with landscaping. Mr. Carlberg did not think landscaping would be an issue. That is one item that will be addressed in the commercial site plan review. ( Mr. Chapman - felt that the location of the building will intrude in the ) setbacks of the area and will sit out on that corner. Chairperson Squires noted it is a permitted use at that location. The issue this evening is permitting the drive-thru window. The Commission suggested he meet with Mr. Carlberg regarding the criteria for commercial site plans. Commissioner Jovanovich had originally thought the drive-thru window was going to corne from the shopping center, and she was concerned about the traffic in the parking lot. She researched other similar situations and found no problems. She felt this will draw more people to the shopping center and that it is really needed. MOTION by Dehn, Seconded by Jovanovich, to close the public hearing at this time. Motion carried on a 5-Yes, 2-Absent (Apel, Putnam) yote. 8:16 p.m. The Commission noted the biggest concern would be the traffic flow. Commissioner Dehn stated the restaurant in Brooklyn Center is also adjacent to a shopping center, and she has experienced no problem whenever she has been there. Commissioner Jovanovich asked if the Downtown Center sign will be moved. Steve Dombrowski. Sundial Realty Services has taken over the management of the Downtown Center and pursued discussions with McDonalds to corne here. They have not finalized the sign location, but it will , have to corne down from its present location. At this point they are looking at converting the Downtown Center to a strip center and expanding the grocery store. They have not determined if the Downtown Center sign will remain, let alone the site. The Commission questioned the use of the Special Use Permit that exists on the property allowing special events. . I special events. , Regular Andover Planning and Zoning Commission Meeting ) Minutes - March 8, 1994 Page 6 (Public Hearing: Special Use Permit, Drive-Thru, McDonalds, Continued) Mr. Dombrowski - stated they will be looking at a reduced amount of actiyities. He also noted that the building will not be as close to the streets as it looks. The green space will be much more appealing than what is there now. Mr. Carlberg stated the Special Use Permit allows them to have some events in the parking area. With the reduction of the parking area, he felt the Permit should be re-evaluated as to what uses should be allowed. If it becomes a problem, the City can begin the revocation process of that Permit. Mr. Dombrowski - stated McDonalds will be leasing the area where most activities now take place. They would have to use another location if outdoor activities were scheduled. Chairperson Squires stated the area is zoned for this use, and he didn't think the traffic with the drive- thru window would be a problem. MOTION by Dehn, Seconded by Jovanovich, that we forward the Resolution stated, including Item No. 3 regarding the sunset clause as presented by Staff, to the City Council; noting that a public hearing was held. Motion carried on a 5-Yes, 2-Absent (Apel, Putnam) vote. This will be ) forwarded to the April 5, 1994, City Council meeting. 8:24 p.m. ( HEARING: AMENDED SPECIAL USE PERMIT - MINING PERMIT, BLAKE ION (PAUL BLAKE), SECTION 15 8:24 p.m. Carlberg reviewed the Amended Special Use Permit request of Blake Contra ing for a mining permit at 16422 Hanson Boulevard. The company was gran d a Special Use Permit in July, 1990, to mine a maximum of 38,000 c ic yards of soil. Mr. Blake asked to renew the mining permit last mon because he had not removed the maximum cubic yards. In reviewing the enewal, Staff discovered the final grading plan approved by the City w not followed, plus a number of new ponds have been created which are n classified as wetlands under the new wetlands legislation. Based on t se facts, Staff recommended Mr. Blake apply for an Amended Special Use ermit and asked him to submit a revised final grading plan for City ap oval. The amended permit would be for the mining of a maximum of 38,000 bic yards of soil, subject to a annual review and not to extend beyond wo years. Mr. Blake has submitted a copy of a grading plan for the ineering Department to review. Commissioner Peek questioned how the City can grant amended permit when the old permit expired in 1992. Mr. Carlberg stat the amended permit basically allows Mr. Blake to complete what he was a owed to do , with the original permit with the exception of a revised gra . g plan. . I Staff has discussed the new regulations with Mr. Blake, w now understands the importance of following the approved grading plan nd the penalties involved for not doing so. Mr. Blake will also have t apply to the Lower Rum River Water Management Organization for a permit. The City will be sure that he complies with the regulations. " I I CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE March 8. 1994 AGENDA ITEM 5. Public Hearing - SUP Drive-thru Window McDonalds Corp. 13735 Round Lake Blvd. ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning '-0 BY: --t:C.- David L. Carlberg BY: City Planner REQUEST The Andover Planning and zoning Commission is asked to review the Special Use Permit request of McDonalds corporation for a drive- thru window located at 13735 Round Lake Boulevard NW, legally described as Lot 3, Block 1, Andover Community Shopping Center. APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03 lists those uses allowed by Special Use Permit. In an SC, Shopping Center District, businesses with drive-thru windows are allowed under a Special Use Permit. In granting a Special Use Permit, the following criteria shall be examined. 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. The use would not have a detrimental effect. The use would provide a service to area residents. 2. The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. All yehicle parking facilities shall be accommodated on site. parking facilities will be required to meet the requirements of Ordinance No.8, Section 8.08. 3. The effect on the values of property and scenic views in the surrounding area. The proposed use will have no adverse impact on the adjacent property values and scenic views. 4. The effect of the proposed use on the Comprehensive Plan. The use would be consistent with the Comprehensive Plan. Page Two ~ SUP - Drive-thru Window ) McDonalds Corporation 13735 Round Lake Boulevard NW March 8, 1994 GENERAL REVIEW McDonalds Corporation is proposing to construct a restaurant with a driye-thru window in the existing parking area of the Downtown Center (location map). City Staff was concerned with the loss of existing parking spaces with the construction of the restaurant. City Staff requested a "proof of parking" be done to verify the parking requirements for the Downtown Center could be met. Attached is the proof of parking. It should be noted that Staff did not receive any negative comments from the adjacent property owners upon mailing public hearing notices to those property owners within 350 feet of the property. COMMISSION OPTIONS , ) 1. The Planning and zoning Commission may recommend approval of the Special Use Permit requested by McDonalds Corporation to construct a restaurant with a drive through window on the property located at 13735 Round Lake Boulevard NW (PIN 32-32-24-13-0080), legally described as Lot 3, Block 1, Andover Community Shopping Center. The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestion or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive plan. 2. The Planning and zoning Commission may recommend to deny the Special Use Permit requested by McDonalds Corporation to construct a restaurant with a drive through window on the property located at 13735 Round Lake Boulevard NW (PIN 32-32-24-13-0080), legally described as Lot 3, Block 1, Andover Community Shopping Center. The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and zoning Commission may table the item. RECOMMENDATION Staff recommends Option # 1 with the conditions indicated on the attached resolution. / ~~ j.~~rt., '~_._~_-- I .-- ~'.,~~~~,.~~~:~~g;i.<,.. L'," '" ,\, ;<<~ -- T.. LAKES'Dt::~) , ';'" 1- -----:':1== "'<. .... . .:,' ""te: ~~ _ 'II' ,-~' /; . . .,.:.-.;.. .' .tr<, ~ ':-: r- I _ ' ill ESTATES ~( . : , 12 ~. .' ~ ! /)- i . I -,.,......I....--..T-_. ,.~~ 1 t":--- 'IJ A ~ \2. I 3 " i' I _' _ ..... " ' , :/ . 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(612) 755-5100 " SPECIAL USE PERMIT Property Address 13735 Round Lake Blvd., 1\.ndover, MN 55304 Legal Description of Property: (Fill in whichever is appropriate): Lot 3 Block 1 Addi tion Downtown Center PIN R32 32 24 13 0080 (If metes and bounds, attach the complete legal description.) Is the property: Abstract or Torrens ? (This information must be provided and can be obtained from the county.) --------------------------------------------------------------------- Reason for Request To construct a McD:mald's Restaurant with a drive thru. \ ) Section of Ordinance ""7.03 Current Zoning '5<::, -5~ CTL \ --------------------------------------------------------------------- Name of Applicant McDcnald's Corporation Address l650 W.82nd Street, Home phone ill Signature Suite 900, Bloc:xrington, MN 55431 Bus ine s s phone 612/884-4355 Da te 2/10/94 --------------------------------------------------------------------- Property Owner (Fee Owner) Andover Limited Partnership (If different from above) Signatur Brooklyn Park, MN 55428 Business Phone 612/333-3962 Address 6272 Boone Avenue No , Home Pho / Da te 2/14/94 ..~...,.c.:>.,." i.I,'.';.,',"'~;:;'i ) ,- .\ .L ',\ CITY of ANDOVER / 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING .' The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, March 8, 1994 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of McDonalds Corporation to operate a restaurant with a drive-thru window at 13735 Round Lake Boulevard NW (PIN 32-32-24- 13-0080), legally described as Lot 3, Block 1, Andover Community Shopping Center. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. l;:t;;MJ tfrtb Victoria Volk, City Clerk Publication dates: February 25, 1994 March 4, 1994 / J ...J J: <t E U ... ~ ., Z 0 W U a: Z ~ " III " <t ~ Z 0 <t <t " W a: <t <t lIlN ... N E 3 III W a: 0 0. " III ...... 10 ~ Z W Z 3 <t ., a: 0 ... 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I: ..<[ o.u ..<[ 0.<[ <[ o.tIl <[ o.ll. ..<[ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 AGENDA t-.D. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items Planning ~ David L. Carlberg City Planner BY: .. ~ ITEM t-.D. SUP - Mining Permit Blake Contracting /D? . REQUEST The City Council is asked to review and approye the request of Blake Contracting for a Special Use Permit for a mlnlng permit on the property located at 16422 Hanson Boulevard NW. BACKGROUND Please consult the.attached reports presented to the Planning and Zoning Commission and the minutes from the March 8th and 22nd meetings. PLANNING AND ZONING COMMISSION REVIEW The Planning and Zoning Commission, at their March 22, 1994 meeting, recommended the Special Use Permit for a mining permit be approved with conditions. Please consult the attached resolution for Council review and adoption. \ MOTION BY: SECOND BY: TO: / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUESTED BY BLAKE CONTRACTING TO MINE SOIL FROM THE PROPERTY AT 16422 HANSON BOULEVARD NW DESCRIBED AS THAT PART OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15, AND THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15 BOTH IN TOWNSHIP 32, RANGE 24 AS REQUIRED PER ORDINANCE 8, SECTION 4.24. WHEREAS, pursuant to published and mailed notice, the Planning and Zoning Commission has conducted a public hearing and reyiewed the request of Blake Contracting to mine soil; and WHEREAS, the Special Use Permit has been reviewed by City Staff; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit for Blake Contracting with the following conditions: 1. Safety precautions 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 for restoration of the site as determined by City Engineer. 3. Signs 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 the roadway to control dust at dry times. 6. Hauling of material is Monday through Friday, 8:00 A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. until 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 necessary permits from the DNR, U.S. Army Corps of Engineers, the Watershed Organization, and any other agency which may be interested in the site. 9. The finished grade shall comply with the finished grading plan on file with the City. The grading plan shall be adhered to and not adversely affect the adjacent land. 10. Haul routes for removing dirt from the project will be Hanson Boulevard. 11. This Special Use Permit is for a maximum of 38,000 cubic yds. of dirt. 12. This permit is subject to review yearly and could be extended for a total period not to exceed two years, at which time the applicant may apply for another Special Use Permit upon satisfactorily completing all procedures as approved by the City Engineer. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Andover that the Planning and Zoning Commission finds the following: 1. There was a public hearing at which there were no comments made, either negatively or positively. 2. The proposal will have no significant negatiye impact on the health, morals and general welfare of the community. 3. The proposal will not have a significant impact on existing traffic conditions. 4. The proposal will have no significant negative impact on property values in the area. 5. The proposal will have no significant negative impact on the Comprehensiye Plan. Adopted by the City Council of the City of Andover this day of , 1994. CITY OF ANDOVER ATTEST: J. E. MCKelvey-Mayor Victoria Volk-City Clerk " ~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - MARCH 22, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on March 22, 1994, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Bonnie Dehn, Becky Pease (arrived at 7:35 p.m.), Randy Peek, Bev Jovanovich Jerry Putnam City Planner, David Carlberg Others Commissioner absent: Also present: APPROVAL OF MINUTES March 8, 1994: Correct as written. , MOTION by Dehn, Seconded by Jovanovich, approval as presented. Motion carried on a 4-Yes, 1-Present (Apel), 2-Absent (Pease, Putnam) vote. ~PUBLIC HEARING CONTINUED: SPECIAL USE PERMIT - MINING PERMIT, BLAKE \9 CONSTRUCTION (PAUL BLAKE), SECTION 15 7:03 P.M. Mr. Carlberg stated the advise of the City's legal counsel was to have Mr. Blake apply for another Special Use Permit rather than amend the original one. He did re-advertise and renotify residents on the Permit, so this is a new public hearing. Mr. Blake has submitted current grading plans and the Staff has approved them. Staff is recommending approval of the new Permit. MOTION by Peek, Seconded by Dehn, to open the public hearing. Motion carried on as-Yes, 2-Absent (Pease, Putnam) vote. There was no public testimony. MOTION by Peek, Seconded by Dehn, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (Pease, Putnam) vote. 7:07 p.m. MOTION by Peek, Seconded by Jovanovich, to forward the enclosed draft Resolution to the City Council with the recommendation for approval. Motion carried on as-Yes, 2-Absent (Pease, Putnam) vote. This will go to the AprilS, 1994, City Council meeting. 7:08 p.m. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION March 22, 1994 AGENDA iTEM 3. Pub ic Hearing Special Use Permit Mining Permit - Blake Contracting DATE ORIGINATING DEPARTMENT Planning BY: David L. Carlberg City Planner APPROVED FOR ::~~ REQUEST The Andover Planning and Zoning Commission tabled this item at the March 8, 1994 meeting pending legal review by the City Attorney. The Commission questioned the ability to grant an Amended Special Use Permit when the original Special Use Permit had expired. REVIEW Staff, in consulting with the City Attorney on this matter, was informed that the proper procedure would be to apply for a new Special Use Permit and readvertise the public hearing. Staff has done so and the item has been brought back to the Commission as a request for a Special Use Permit for a mining permit. The applicant will be required to pay an additional $100.00 for the application fee. Staff has prepared Special Use Permit Commission review. item. a new resolution recommending approval of the requested by Blake Contracting (Paul Blake) for Also attached is the March 8, 1994 agenda ~- --. . I ~="""':l'", $~\. lZ l ~.\ ,~ f""i .,L ;.7 "'\:, ,cU' .;~ ~j./ ~..:;~:;~(". CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, March 22, 1994 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to reyiew the Special Use Permit request of Paul Blake of Blake Construction for a mining permit on the property located at 16422 Hanson Boulevard NW (PIN 15-32-24-12-0001). All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. ~!I~ V~ctoria Volk, city Clerk Publication dates: March 11, 1994 March 18, 1994 j special events. " Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 1994 Page 6 (Public Hearing: Special Use Permit, Drive-Thru, McDonalds, Continued) Mr. Dombrowski - stated they will be looking at a reduced amount of activities. He also noted that the building will not be as close to the streets as it looks. The green space will be much more appealing than what is there now. Mr. Carlberg stated the Special Use Permit allows them to have some events in the parking area. With the reduction of the parking area, he felt the Permit should be re-evaluated as to what uses should be allowed. If it becomes a problem, the City can begin the revocation process of that Permit. Mr. Dombrowski - stated McDonalds will be leasing the area where most activities now take place. They would have to use another location if outdoor activities were scheduled. Chairperson Squires stated the area is zoned for this use, and he didn't think the traffic with the drive- thru window would be a problem. MOTION by Dehn, Seconded by Jovanovich, that we forward the Resolution stated, including Item No.3 regarding the sunset clause as presented by Staff, to the City Council; noting that a public hearing was held. Motion carried on as-Yes, 2-Absent (Apel, Putnam) vote. This will be forwarded to the April 5, 1994, City Council meeting. 8:24 p.m. ~ PUBLIC HEARING: AMENDED SPECIAL USE PERMIT - MINING PERMIT, BLAKE CONSTRUCTION (PAUL BLAKE), SECTION 15 8:24 p.m. Mr. Carlberg reviewed the Amended Special Use Permit request of Blake Contracting for a mining permit at 16422 Hanson Boulevard. The company was granted a Special Use Permit in July, 1990, to mine a maximum of 38,000 cubic yards of soil. Mr. Blake asked to renew the mining permit last month because he had not removed the maximum cubic yards. In reviewing the renewal, Staff discovered the final grading plan approved by the City was not followed, plus a number of new ponds have been created which are now classified as wetlands under the new wetlands legislation. Based on those facts, Staff recommended Mr. Blake apply for an Amended Special Use Permit and asked him to submit a revised final grading plan for City approval. The amended permit would be for the mining of a maximum of 38,000 cubic yards of soil, subject to a annual review and not to extend beyond two years. Mr. Blake has submitted a copy of a grading plan for the Engineering Department to review. '\ ,I Commissioner Peek questioned how the City can grant an amended permit when the old permit expired in 1992. Mr. Carlberg stated the amended permit basically allows Mr. Blake to complete what he was allowed to do with the original permit with the exception of a revised grading plan. Staff has discussed the new regulations with Mr. Blake, who now understands the importance of following the approved grading plan and the penalties involved for not doing so. Mr. Blake will also have to apply to the Lower Rum River Water Management Organization for a permit. The City will be sure that he complies with the regulations. " Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 1994 Page 7 (Public Hearing: Special Use Permit, Mining Permit/Blake, Continued) MOTION by Dehn, Seconded by Jovanovich, to open the public hearing. Motion carried on as-Yes, 2-Absent (Apel, Putnam) vote. 8:34 p.m. Paul Blake, Blake Contractinq - stated he did not want to do more mining until he had a current permit. He has removed only 15,000 cubic yards of soil and stockpiled it on sand on high ground to let it dry out. Then he put it on yards. Right now there is about lOO loads sitting there. Everything is graded except for the pile of dirt. Mr. Carlberg felt that Mr. Blake now understands the process and will comply this time. There are different regulations since the first permit was issued in 1990. Mr. Blake - stated no water flows into that land. It is farmland; and all of the ditches are plugged so the land is now under water. Mr. Carlberg noted the wetland legislation now affects that standing water. MOTION by Dehn, Seconded by Jovanovich, to close the public hearing. Motion carried on as-Yes, 2-Absent (Apel, Putnam) vote. 8:40 p.m. Commissioner Peek was still confused with the ability to grant an amended permit when the original one expired. Mr. Carlberg stated he will check with legal counsel, but he knows it has been done in the past. Chairperson Squires felt the proper procedure would be to table the item until they receive a legal opinion on granting an amended permit. Mr. Blake agreed to the delay, stating he would not start digging until next winter. Mr. Carlberg stated if the item is tabled, there is no need to reopen the public hearing. The Commission also recommended the Resolution clearly state a maximum of 38,000 cubic yards, not that in addition to the l5,000 cubic yards already mined. MOTION by Dehn, Seconded by Peek, move that we table this item until Staff consults legal counsel with regard to the Special Use/Amended Special Use Permit issue. Motion carried on as-Yes, 2-Absent (Apel, Putnam) vote. The item will be placed on the March 22, 1994, Planning Commission agenda. 8:44 p.m. DISCUSSION - PAWNBROKERS AND SECOND HAND GOODS DEALERS (PAWN SHOPS) ORDINANCE and PUBLIC HEARING CONTINUED: AMEND ORDINANCE NO.8, SECTION 7.03 Mr. Carlberg recommended the final two items be tabled to the next meeting, March 22, to get a legal review on the ordinance. MOTION by Dehn, Seconded by Jovanovich, to so move. Motion carried on as-Yes, 2-Absent (Apel, Putnam) vote. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION March 8, 1994 AGENDA ITEM 6. Public Hearing Amended SUP Mining Permit - Blake Contracting DATE ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA BY: David L. Carlberg City Planner BY~ REQUEST The Andover Planning and zoning Commission is asked to review the Amended Special Use Permit requested by Blake contracting (paul Blake) for a mining permit on the property located at 16422 Hanson Boulevard NW (PIN 15-32-24-12-0001), legally described on the attached resolution. BACKGROUND Blake Contracting was granted a Special Use Permit for a mining permit in July of 1990. The permit was issued to mine a maximum of 38,000 cubic yards of soil. paul Blake of Blake contracting contacted the City last month to renew the mining permit because he had not removed the maximum 38,000 cubic yards. Staff in \ , reviewing the renewal discoyered that Blake contracting did not follow the final grading plan approved by the City. In addition to violating the final grading plan, a number of new ponds have been created which are now classified as wetlands. Based on this fact, Staff recommended Mr. Blake apply for an Amended Special Use Permit. Mr. Blake was also asked to submit a revised final grading plan for City approval. APPLICABLE ORDINANCES Ordinance No.8, Section 4.24, requires a Special Use Permit when conducting mining activities. Such permit shall include as a condition thereof: (A) A plan for a finished grade which will not adyersely affect surrounding land or the development of the site on which mining is being conducted, and (B) The route of trucks moving to and from the site. Ordinance No.8, Section 5.03, regulates the Amended Special Use Permit process. In granting a Special Use Permit, the following criteria shall be examined. 1. The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding lands. Page Two Amended Special Use Permit - Mining Blake contracting March 8, 1994 p & Z Meeting 2. The existing and anticipated traffic conditions. 3. The effect on the values of the property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. PLANNING & ZONING COMMISSION OPTIONS The Planning and zoning Commission has the following options available. 1. To recommend to the city Council approval of the Amended Special Use Permit requested by Blake contracting for a mining permit on the property legally described on the attached resolution. 2. The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic conditions or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan. Recommend to the City Council denial of the Special Use Permit requested by Blake Contracting for a mining permit on the property legally described on the attached resolution. \ ) The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. 3. Table the item pending further information from Staff. Staff Recommendation staff recommends option #1 with the conditions as listed on the attached resolution. , \ / ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE AMENDED SPECIAL USE PERMIT REQUESTED BY BLAKE CONTRACTING TO MINE SOIL FROM THE PROPERTY AT 16422 HANSON BOULEVARD NW DESCRIBED AS THAT PART OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15, AND THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15 BOTH IN TOWNSHIP 32, RANGE 24 AS REQUIRED PER ORDINANCE 8, SECTION 4.24. WHEREAS, pursuant to published and mailed notice, the Planning and Zoning Commission has conducted a public hearing and reviewed the request of Blake contracting to mine soil; and WHEREAS, the Amended Special Use Permit has been reviewed by City Staff; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit for Blake Contracting with the following conditions: 1. Safety precautions 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 for restoration of the site as determined by City Engineer. 3. Signs 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 the roadway to control dust at dry times. 6. Hauling of material is Monday through Friday, 8:00 A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. until 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 necessary permits from the DNR, U.S. Army Corps of Engineers, the Watershed Organization, and any other agency which may be interested in the site. I 9. The finished grade shall comply with the finished grading plan on file with the City. The grading plan shall be adhered to and not adversely affect the adjacent land. 10. Haul routes for removing dirt from the project will be Hanson Boulevard. 11. This Special Use Permit is for a maximum of 38,000 cubic yds. of dirt. 12. This permit is subject to review yearly and could be extended for a total period not to exceed two years, at which time the applicant may apply for another Special Use Permit upon satisfactorily completing all procedures as approved by the City Engineer. NOW, THEREFORE, BE IT FURTHER RESOLVED by the city Council of the City of Andover that the planning and zoning Commission finds the following: I. There was a public hearing at which there were no comments made, either negatively or positively. 2. The proposal will have no significant negative impact on the health, morals and general welfare of the community. 3. The proposal will not have a significant impact on existing traffic conditions. 4. The proposal will have no significant negative impact on property values in the area. 5. The proposal will have no significant negative impact on the Comprehensive Plan. Adopted by the City Council of the City of Andover this day of , 1994. CITY OF ANDOVER J. E. McKelvey-Mayor ATTEST: Victoria Volk-City Clerk . / -1 \ \ 'I ., ,,- -....... : ___'I- '1' . . I ./, . I . / :'\'.1' I :r. ,/7 -{--'----------- s'"- \ . in~~O.! ~\ "I'->~~ I, ~ : ~ ~~o?ol.i\,OG~ /. J .r. ':~,:" \(~: ./ 1..-::"""' . . l' II ' L '! \' r-;- ;,' ~ ~ H 4!: ' . ,- Ii' \ ~ ~ I \' ----- Jf.;: ::J:---- -.. - :r;..- ~ v....1tA):. I ..... i . '~ . / \. . 'l~' ""I ft/fIr~ ~ ' '" . .1_; I, -.11' "rI>.l..I 7"'1" ._.,..:.. ; I '" i _ ),l , - I ~:I -, .. I I I ..' WHIr. . , . 1 .~; of . · I ; 'I,;n .1 <'\'-/'~". I' __u~-u. 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I I ; ...........--........... I ""----- - -, I I"~ r =-~~ ---L"'-~~----- i - ~ 1_ ~="l I I ,"" i-----p-7 - "~"M 1 ,. ESTATES, l! 1 I .'~ I. ip ~.' , .': " I : :,;!," ny::'$ : II'. I I I i ri~~~,Ll.~~ I I ~. ~ / \ ..."", '-:~;'--_._~----J~ ( i:. .,,,,r,.\~~ \ .1 ~,' ~ ?sir . 7' I I ,h , . ~i~:. \ h v --- , \ / ~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Property Address SPECIAL USE PERMIT / & t/~;Z /41 /l/.5~)/I-( 6L ,t.,[J Legal Description of Property: /) 3 ' L -1 /1."\ 0/ (Fi 11 in whi chever is appropriate): 11 / j--- .). -;;)....., I '^ - uu Lot Block Addi tion ~ I PIN (If metes and bounds, attach the complete legal description.) Is the property: Abstract )( or Torrens ? (This information must be provide~ can be obtained from the County.) Reason for Request m.l("d nj \k rTn i+. \ . Current zoning Section of Ordinance Name of Applicant YOJj\ 6 in '(;.. Address d,L\~Cl xtr>f\ ~ Lit.\::} Home Phone t. \d.. )S'J.:2, 143- Signature y~ 'b\~ __ \~ lo..Y'... CO rrt-("C'.IC+I rq I'SQnt-'1 n,n SSClfC Business Phone U\d. \ ~~ 3/"-l?1- Date --------------------------------------------------------------------- Property Owner (Fee Owner) .\,Q r:.c' ~Q.)(Ucr01\ (If different from above) I Address \\CY~o. '\hf\:')C(\ ~\\tCl An:1t'\!Q.( '0\('\ ~F')?f.~ Home Phone ~ 4 Business Phone / Signature Date rJ - ?- 9y --------------------------------------- . , SPECIAL USE PERMIT PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. 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 location and use of existing structures wi thin 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial Residential Amended SUP Recording Fee $190.00 $150.00 ~ ~/ Date Paid 2- ;;0/ q-1:- Receipt * 8In(., \ Rev. 5-06-93:d'A Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. , / .~', ( 'I.-~~ (~ CITY of ANDOVER APPLICATION FOR LAND RECLAMATION, MINING, OR SOIL PROCESSING permi t Fee $ 7D. (JO Receipt it <'1lc(,-, Date paidJ.-tC-qt- The undersigned hereby makes application for a permit for the excavation, removal or grading of rock, sa~d, dirt, gravel, clay and other like material within the City of Andover, agreeing to do all work in strict compliance with city Ordinances and hereby declares that all the facts and representations stated in this application are true and correct. Permit No. Applicant 610.'v1:: (("nt("n.C1-\ rJj Address ~,&fq t Q(~":,,)+ 1_1 (A] Owner of Land .~!tt-"f. 0 &1C~f n'iYI Address H_oL/.1t~ 1:.10 (lS(H1 61 uc1^ Telephone "j...Q.I~I~?> 3/~d- S ~ n+-\ fl)n r::")"-":l';LJ 0 . Telephone l-r~'--n~~o::L fl}cd Pt-rrlf\I('Y fl'n ~=)O\.t , , The correct legal description of the premises where: PIN It ~ \ ~ "J..dY \I<..x.."-\the removal or excavation of rock, sand, di rt, ... gravel, clay or other like materials shall or does occur, or PIN jt the storage or disposition of rock, sand, dirt, gravel, clay or other like materials shall or does occur, or PIN jt " grading of rock, sand, dirt, gravel, clay or other like materials shall or does occur. Estimated time schedule of intermediate opefations of the removal, storage or excavation ~ ;t~4~ Estimated date of completion of the above operation 1../-(- 9~ statement of purpose for removal, storage or excavation ol)(:. ~\nCV .'Di~ complete list of highways, streets or other public ways within the City upon and along which the materials excavated or removed shall be tr~sp~rted tb^~l~ .D.llLCL--- ... / 0) ~ ,.. -7 ~rsons responsible for actual operation of the , 0' \\ Bit, ~'- ~ ~ 51. E+: ~ (' qQrdY\ Type of Equipment \ i)i"N'\~ TrM l.p I '/ (;Orli f Map or plat showing the following five (5) items map) : site (may be on same 1. The existing land elevations and water table elevations based on sea level readings. 2. The proposed pit or excavation to be made showing the confines or limits thereof together with the proposed finished elevations (side slopes not to exceed 4:1) based on sea level readings. 3. Present zoning and land use (parcel and within 350' of affected property).' 4. Proposed zoning and land use (if change is desired). 5. Scale to the nearest .10 feet, north arrow, and existing street names. Surety or Security Bond, in such form and sum as set by Council Resolution, running to the City, conditioned to pay the City the ) cost and expense of: a. Repairing any highways, streets, or other public ways within the City made necessar~ by the special burden resulting from hauling and transporting thereon by the applicant, the amount of such cost to be determined by the City Council; and conditioned further to save the City free and harmless from any and all suits or claims for damages resulting from the negligent excavation, removal or storage of rock, sand, dirt, gravel, clay or other like material within the City. b. Renovating the site to an approved land use in the event of revocation of said permit by either party. Applicant is required to furnish certificates of insurance to the City in the amounts of at least $100,000.00 bodily injury liability per person; $300,000.00 per person for injuries or death arising from anyone occurrence; and $50,000.00 property ~amage liability for anyone occurrence. Such insurance shall include a ten (10) day notice of cancellation or non-renewal of insurance and such notice shall be provided to the City upon its issuance. '\ ) Describe precautions to hI'! t;,I'"" t lj ;JVC"; (1 ....re" I- ing nuisances or hazards to public health and s:.ahdy. G ) , I .. , .::> Applicant shall post at said site a copy of the Permit granted and a copy of the Resolution of the City granting such Permit. ~~ ~\~ 7k~t {/tfIj own~ G 15 32 24 21 0001 Verna Kulenkamp 15337 Verdin Street Andover, MN 55304 15 32 24 24 0013 Gerald Bosen 2027 - 16lst Ave. NW Andover, MN 55304 L h2 24 11 0003 Dorothy Aasness 15425 Hanson Blvd. Andover, MN 55304 15 32 24 14 0001 Riverdale Church of Nazarene 3480 Bunker Lk. Blvd. NW Andover, MN 55304 10 32 24 43 0002 David Athey 1928 - 167th Ave. NW Andover, MN 55304 14 32 24 22 0005 Dorothy Assness 16425 Hanson Blvd. Andover, MN 55304 labe1ssapblake \ , l .' , / 15 32 24 13 0001 Peter & Roma Leuty 1947 - 161st Ave. NW Andover, MN 55304 10 32 24 43 0004 David Athey 1928 - 167th Ave. NW Andover, MN 55304 14 32 24 22 0002 Richard Assness 16425 Hanson Blvd. Andover, MN 55304 , \ ~ .' -"~,,~'"" ~. -,,~, .. f, <i\ \~ ) !~~~-t!~n?~":~:::i.:'Jt;;.. 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY of ANDOVER / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, March 8, 1994 at the Andover city Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Amended Special Use Permit request of Paul Blake of Blake Construction for a mining permit on the property located at 16422 Hanson Boulevard NW (PIN 15-32-24-12-0001). , \ All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. ~.J~ Victoria Volk, City Clerk Publication dates: February 25, 1994 March 4, 1994 \ I -' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5. 1994 AGENDA t-.D. SECTION ORIGINATING DEPARTMENT Planning ~ APPROVED FOR AGENDA Discussion Items ITEM t-.D. Amend Ordinance No.8, Section 4.03 Non-Conforming Uses David L. Carlberg, city Planner ~t I~. REQUEST The City Council is asked to review the attached amendment to Ordinance No.8, Section 4.03, Non-Conforming Uses and Structures. The attached amendment has been discussed by the City Council and the Auto Recycling/Junk Yard Task Force over the past year. PLANNING COMMISSION REVIEW The Planning and zoning Commission on March 22, 1994 reviewed the request and recommends to the City Council approval of the amendment. MOTION BY: SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. 8 " AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8, Section 4.03 is hereby amended as follows: Section 4.03, Non-Conforming Uses and Structures. (A) Any structure or use lawfully existing upon the effective date of this Ordinance may be continued at the size and in the manner of operation upon such date as hereinafter specified. (B) No structural alteration shall be made. (C) Nothing in this Ordinance shall prevent the placing of a structure in a safe condition when said structure is declared unsafe by the Building ~A5peete~ Official. (D) When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use. ) (E) Whenever a non-conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the structure is fifty (50%) percent or more of its fair market value (as estimated by the Building ~A5peete~ Official), in which case the reconstruction shall be for a use in accordance with the provisions of this Ordinance. (F) Whenever a lawful, non-conforming use of a building or structure or land is discontinued for a period of one (1) year, any future use of said building or structure or land shall be in conformity with the provisions of this Ordinance. (G) Any non-conforming open use of land lawfully existing upon the effective date of this Ordinance may be continued for a period of three (3) years after the effective date of this Ordinance, whereupon such non-conforming use shall cease. (H) Normal maintenance of a building or other structure containing or related to a non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use. j (I) A lawful non-conforming use may be changed only to a use of the same or more restricted classification. , ) Page Two Amend Ord 8, Section 4.03 Non-Conforming Uses April 5, 1994 (J) Alterations may be made to a structure containing non- conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or expand the existing bulk of the structure. All other sections of the zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover this 5th day of April, 1994. CITY OF ANDOVER \ ) ATTEST: J. E. McKelvey, Mayor Victoria volk, City Clerk ) \ , , Regular Andover Planning and Zoning Commission Meeting Minutes - March 22, 1994 Page 6 (Amend Ordinance 44, Auto Recycling/Junk Yard Ordinance, Continued) MOTION by Apel, Seconded by Dehn, that the Planning and Zoning Commission forward the amendments to Ordinance 44 to the City Council as presented for their approval. Motion carried on a 5-Yes, I-No (Peek), I-Absent (Putnam) vote. This will be heard at the April 5 City Council meeting. ~ PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTION 4.03, NON-CONFORMING U/ USES - AUTO RECYCLING/JUNK YARDS CONSTRUCTING COMMERCIAL BUILDINGS 8:l2 p.m. Mr. Carlberg noted this amendment would allow the auto recycling yards that are licensed as of AprilS, 1994, to construct commercial buildings as provided in Ordinance 44. MOTION by Dehn, Seconded by Apel, to open the public hearing. Motion carried on a 6-Yes, I-Absent (Putnam) vote. Mr. Carlberg stated the Building Official determines whether the structures are nonconforming or damaged over 50 percent of the fair market value. Chairperson Squires noted this item is noncontroversial \ given the motion on the previous agenda item. MOTION by Dehn, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, l-Absent (Putnam) vote. 8:15 p.m. MOTION by Apel, Seconded by Dehn, that the Planning and Zoning Commission forward to the City Council for its approval an ordinance amending Ordinance No. 8 as presented in resolution form by Staff. Motion carried on as-Yes, 1-No (Peek), 1-Absent (Putnam) vote. This will be placed on the AprilS, 1994, City Council agenda. 8:15 p.m. ( / PUBLIC HEARING: REZONING - REZONE PROPERTY FROM R-l, SINGLE FAMILY RURAL TO GR, GENERAL RECREATION - PART OF SECTION 22, CITY OF ANDOVER 8:15 p.m. Mr. Carlberg explained the request is to rezone the property known as the Andover Field of Dreams site located on Crosstown Boulevard NW west of the Andover Elementary School. He noted the four criteria used in determining the granting of a rezoning request. There has been discussion for allowing other uses on that site than just park uses. A GR zone would allow commercial recreation uses such as commercial batting cages. The City has received a letter from Anoka County indicating they oppose the rezoning. The area to be rezoned includes three parcels along Crosstown Boulevard that the county has purchased or is in the process of purchasing for the realignment of Crosstown Boulevard. All three lots are lawfully non-conforming uses. It had always been the City's understanding that the City and county might negotiate to have those parcels incorporated as a part of the park, so the objection by the county has corne as a surprise. The intent is to grade the park area this summer and begin construction of the concession building. ) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION March 22, 1994 AGENDA ITEM" 6. Public Hearing Amend Ord. No. 8 Section 4.03 Non-Conforming Use DATE ORIGINATING DEPARTMENT Planning BY: David L. Carlberg City Planner APPROVED FOR AGENDA X REQUEST The Andover Planning and Zoning Commission is asked to discuss amending Ordinance No.8, the zoning Ordinance, Section 4.03, Non-Conforming Uses. The proposed amendment would allow auto recycling yards that are licensed as of April 5, 1994 to construct commercial buildings as provided in Ordinance No. 44, Regulating and Licensing Junkyard Dealers and Auto Recycling Yards. The amendment to Ordinance No. 44 is the next item on the agenda and should be reviewed and approved in conjunction with this amendment. REVIEW '. The Auto Recycling/Junk Yard Task Force has composed the proposed amendment through a number of meetings with assistance from the Ci ty Council. , .I , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 Discussion Items Planning .4 David L. Carlberg, ~ -j \ City planner V~ APPROVED FOR AGENDA AGENDA t-.D. SECTION ORIGINATING DEPARTMENT ITEM t-.D. Amend Ordinance No. 44, Regulating Auto Recycling Yards pi REQUEST The city Council is asked to review the attached amendment to Ordinance No. 44, Regulating and Licensing Automotive Recycling Yards and/or Junkyards and Dealers. The attached amendment has been discussed by the City Council and the Auto Recycling/Junk Yard Task Force over the past year. I / PLANNING COMMISSION REVIEW The Planning and zoning Commission on March 22, 1994 reviewed the request and recommends to the City Council approval of the amendment. \ MOTION BY: ) TO: ) J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 44J AN AMENDMENT TO ORDINANCE NO. 44, 44A-44I REGULATING AND LICENSING AUTOMOTIVE RECYCLING YARDS AND/OR JUNKYARDS AND DEALERS and REPEALING ORDINANCE NO.9. The City Council of Andover does hereby ordain: Ordinance No. 44 is hereby amended as follows: SECTION 10. COMMERCIAL BUILDING CONSTRUCTION. or \ j 10.2 The construction of other buildings for the storage of materials removed from junked vehicles may be permitted under the following conditions: a. Any buildings so constructed shall com~ly with all current a l1cable Cit ordinances, standards and cr1ter1a at the t1me of sai construct10n. b. The amount of land area covered by all structures utilized by the non-conforming use shall not be greater than allowed by this or other ordinances of the City for said zoning district. of c. , J and No other ex ansion or additional uses of an kind , , / SECTION ~g~ 11. COMPLIANCE. ~g~~ 11.1 Any person acting as an automotive recycling and/or junk nearer within the city of Andover on the effective date of this Ordinance shall have a period of ninety (90) days after such effective date to comply with provisions of this Ordinance. ~g~~ 11.2 The required fencing shall be installed as of July 1, 1991. SECTION ~~~ 12. PENALTY ~~~~ 12.1 Any person violating any prov1s10n of this shall be guilty-oI a misdemeanor as defined by State Law and subject to the penalties thereof. SECTION ~~~ 13. VALIDITY. \ ~~~~ 13.1 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not effect the validity of the remaining portions of this Ordinance. SECTION ~3~ 14. REPEALER. ~3~~ 14.1 Ordinance No.9, adopted November 9, 1971, is hereby repea~ SECTION ~4~ 15. EFFECTIVE DATE. ~4~~ 15.1 This Ordinance shall take effect and be in force upon it's passage and publication as required by law. Adopted by the Andover City Council on the 5th day of April, 1994. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria Volk, City Clerk , J Page 2 Regular Andover Planning and Zoning Commission Meeting \ Minutes - March 22, 1994 I Page 4 (Public Hearing: Ordinance 102 - Limiting Garbage Haulers, Cont.) Representative for Woodlake Sanitary Service - would rather limit the number of haulers and let them compete. Districting would limit their growth, and he would prefer to grow through the competitive means. It would also limit the customers' freedom of choice. If the number of haulers is not limited, there could be 15 or more instead of the ten the City now has. Limiting the haulers is the place to start. There being no further public testimony, Chairperson Squires asked for a motion to close the public hearing. MOTION by Peek, Seconded by Dehn, to so move. Motion carried on a 6- Yes, 1-Absent (Putnam) vote. The Commission agreed the first step would be to limit the number of haulers. In further discussion it was noted there are also 7 commercial haulers. The Commissioners felt there were many issues that must be addressed before considering the issue of districting and whether that would be good for the City. It was suggested some of the haulers get involved in that issue as well, possibly creating a Garbage Task Force , to look at the issues and make a recommendation to the City. They felt (, / districting is an issue that will need some time before a decision can be made and that it is not warranted in the City at this time. Commissioner Dehn was not in favor of restricting private businesses. She was concerned about the possibility of creating a monopoly. MOTION by Apel, Seconded by Peek, that we recommend to the City Council that they do indeed limit the number of licensed haulers in the City of Andover to residential customers to ten and limit the commercial haulers to the present number of seven. DISCUSSION: Cindy DeRyder, Recycling Coordinator, asked if the Commission wanted to implement a declining limit based upon turnover. That is, if one hauler would leave the City, the number of licensed haulers would be reduced to nine. Commissioner Apel was not in favor of a declining limit, as it basically eliminates anyone else from ever doing business in Andover; and theoretically it could get to the point where there would be only one hauler. Commissioner Apel added to motion that a public hearing was held anq reference the record for comment. Second Stands. Motion carried on a 5-Yes, I-No (Dehn), I-Absent (Putnam) vote. 7:50 p.m. <1j AMEND ORDINANCE NO. 44, AUTO RECYCLING/JUNK YARD ORDINANCE " Mr. Carlberg explained the proposed amendment would allow auto recycling ./ yards to construct commercial buildings if the provisions of the ordinance are met. This is the recommendation that was agreed to by the Auto Recycling/Junk Yard Task Force. The City Council met with the Task Force several times and basically agreed with the proposal. It would reduce the size of the outside storage of the yards. The idea was to make the yards more aesthetically pleasing. Regular Andover Planning and Zoning Commission Meeting '1 Minutes - March 22, 1994 I Page 5 (I (Amend Ordinance 44, Auto Recycling/Junk Yard Ordinance, Continued) Commissioner Apel noted a great deal of time was spent on this item by the Task Force. The EPA and MPCA are talking about requiring structures, so the City will have to provide the means for them to construct them. He felt the' amendment is a reasonable solution to the problem the City has with the auto recyclers. Commissioner Peek asked the City Attorney's position on the amendment. Mr. Carlberg stated it has been the Attorney's opinion that the construction of the environmental buildings is not considered an expansion of the non-conforming use if required by the EPA and MPCA. Several businesses have already been allowed to construct them. This amendment allows the yards to construct commercial buildings for storage and tear down of the cars as well as requires them to reduce the size of their outside storage. Commissioner Apel argued the commercial buildings will also help the environment by reducing the outside storage. Commissioner Peek agreed with allowing structures that are required for environmental reasons,. but he took exception with using this as a trade- off for developing storage buildings. He felt the City is looking for a planned redevelopment, which would be more appropriate than this amendment. The trade-off of 2 to 1 in the ordinance seems arbitrary and pretty light. It is banking land with no plan. He still has a problem forwarding this as it stands now as a vehicle for allowing inside storage. Commissioner Apel argued this is making progress by getting the cars inside, that it is better than allowing the leaching of hazards into the ground. Mayor Jack McKelvey - stated the Task Force has been meeting regularly for quite some time, and this is the final agreement. At this time there are Councilmembers who do not wish to buyout the recycling yards. He disagrees with that position. But this provides a way for the recyclers to build buildings and move their operations inside and to make that area more aesthetically pleasing. Everyone is in agreement with the 2 for 1 requirement; but he felt once the recycling yards start getting their parts inside, everyone will see a much larger reduction in the size of the yards, possibly as much as 80 percent. The objective is to get the yards to the point where they are operating within a structure that fits into the City's industrial park rather than have 20 acres of cars stored outside. He gave some examples of auto recycling businesses operating inside commercial buildings, again stressing the intent is to eventually open up more land for commercial development. t, Commissioner Dehn stated she served on the Task Force, which was a very long process. The auto recyclers are needed and will remain in the City. " This provides a method of improving the area, and the recyclers are very ./ willing to work with the City to the point of giving up outside storag~ to be able to enclose their activities in a building. Commissioner Peek agreed, but questioned if this is the appropriate vehicle to accomplish it. There are no redevelopment plans for the vacated land. Commissioner Apel felt another Task Force would be needed for that, that the concerns of Commissioner Peek could not be addressed tonight. Regular Andover Planning and Zoning Commission Meeting " Minutes - March 22, 1994 ) Page 6 (Amend Ordinance 44, Auto Recycling/Junk Yard Ordinance, Continued) MOTION by Apel, Seconded by Dehn, that the Planning and Zoning Commission forward the amendments to Ordinance 44 to the City Council as presented for their approval. Motion carried on a 5-Yes, 1-No (Peek), 1-Absent (Putnam) vote. This will be heard at the April 5 City Council meeting. PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTION 4.03, NON-CONFORMING USE~ - AUTO RECYCLING/JUNK YARDS CONSTRUCTING COMMERCIAL BUILDINGS 8:12 recycli commercia Mr. Carlberg noted this amendment would allow the auto yards that are licensed as of AprilS, 1994, to construct buildings as provided in Ordinance 44. MOTION by De n, Seconded by Apel, to open the public hearing. Motion carried on a Yes, I-Absent (Putnam) vote. Mr. Carlberg st ted the Building Official determines whether the structures are nonconforming or damaged over 50 percent of the fair , market value. Chair~person Squires noted this item is noncontroversial C' .' given the motion on t previous agenda item. MOTION by Dehn, Seconde by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, -Absent (Putnam) vote. 8:15 p.m. MOTION by Apel, Seconded Bx. Dehn, that the Planning and Zoning Commission forward to the City\council for its approval an ordinance amending Ordinance No. 8 as pr~sented in resolution form by Staff. Motion carried on a 5-Yes, 1-No ~Peek), I-Absent (Putnam) vote. This will be placed on the April 5, 199~City Council agenda. 8:15 p.m. PUBLIC HEARING: REZONING - REZONE PROPERTY FROM R-l, SINGLE FAMILY RURAL TO GR, GENERAL RECREATION - PART OF SECTION 22, CITY OF ANDOVER 8:15 p.m. Mr. Carlberg explained the reques~'s to rezone the property known as the Andover Field of Dreams site loca ed on Crosstown Boulevard NW west of the Andover Elementary School. He noted the four criteria used in determining the granting of a rezoning r~quest. There has been discussion for allowing other uses on that site t an just park uses. A GR zone would allow commercial recreation use such as commercial batting cages. The City has received a lette from Anoka County indicating they oppose the rezoning. The area to 0 rezoned includes three parcels along Crosstown Boulevard that the county as purchased or is in the process of purchasing for the realignmen of Crosstown Boulevard. All three lots are lawfully non-conforming u es. It had always been the City's understanding that the City and c unty might negotiate to have those parcels incorporated as a part of th park, so the objection by the county has come as a surprise. The intent is to grade the park area this summer and begin construction of the concession building. , ./ \, ) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION March 22, "i994 AGENDA ITEM " 7. Amend Ord No. 44 Auto Recycling Yards - Construct Commercial Building DATE ORIGINATING DEPARTMENT planning APPROVED FOR AGENDA David L. Carlberg city Planner BY:'~ BY: REQUEST The Andover Planning and zoning Commission is asked to discuss amending Ordinance No. 44, Regulating and Licensing Junkyard Dealers and Auto Recycling Yards. The proposed amendment would allow auto recycling yards to construct commercial buildings if the provisions of the Ordinance are met. The amendment to Ordinance No.8, Section 4.03, Non-Conforming Uses will need to be approved in conjunction with this amendment. REVIEW The Auto Recycling/Junk Yard Task Force has composed the proposed amendment through a number of meetings with assistance from the Ci ty Council. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 AGENDA t-.D. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Item ITEM t-.D. Dick Fursman, City Administrator Business Landfill Coalition BV 15. Attached is a memo from Peter Turok of the Anoka Area Chamber of Commerce. Mr. Turok will be present at the City Council meeting to request $500 to help fund efforts of the Business Landfill Coali tion. General landfill issues continue to be a concern for Andover. Mr. Turok will provide information as to the issues affecting Andover and progress in the Legislature to date. If the request is granted, the money could be taken from the Contingency account. SECOND BY: TO: ) , Anoka Area Chamber of Commerce Andover · Anoka · Champlin · Dayton . Ramsey RECEIVED MAR 2 1 1994 TO: The City Council of Andover FR: Peter Turok, Anoka Area Chamber of Commerce RE:Business Landfill Coalition As you know, the Anoka Area Chamber of Commerce has grouped together with other chambers and business organizations in our area to form the Business Landfill Coalition. This coalition has . been dedicated to getting some meaningful legislation passed concerning the clean-up of landfIlls in Minnesota. The Business Landfill Coalition is requesting a $500.00 donation from your city to be applied toward the coalition. Other public entities that have contributed or plan to contribute include: the City of Blaine, City of Ham Lake, City of Mounds View and the City of New Brighton. The coalition was established to fund lobbying efforts for alternatives to the Superfund Cleanup. All money raised will go and is going toward paying our lobbyist, North State Advisors. To date, we have raised close to $14,000.00 of the $20,000.00 needed to fill our commitment to North State Advisors. \ .' This effort was established in response to the Oak Grove cleanup. Many business establishments in the Anoka area have been impacted, as was the City of Anoka, by the situation Oak Grove. To date, over 140 businesses and public entities have sent in money in response to this issue. Enclosed you will find a copy of our fundraising appeal. If you have any questions concerning this issue, please feel free to contact me at 421-7130. Thank you. Sincerely, ./2/ I Y Peter Turok Executive Vice President Anoka Area Chamber of Commerce " I 222 East Main Street. Anoka, MN 55303. (612) 421-7130 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 AGENDA t-.D. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Planning ~ David L. Carlberg City planner BY: 1) 1"c.L ITEM t-.D. Approve Resolution Appointing Officers and Adopting By-Laws 1(.. The Andover Economic Development Authority (EDA) is requested to review and approve the attached resolution appointing all officers and adopting by-laws. The EDA shall appoint the five (5) officers as listed on the attached resolution. MOTION BY: SECOND BY: TO: " ) ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION APPOINTING ALL OFFICERS AND ADOPTING BY-LAWS. BE IT RESOLVED by the Board of Commissioners (the "Board") of the Andover Economic Development Authority (the "EDA"), as follows: 1. Recitals. All actions required by the applicable provisions of Minnesota Statutes, Sections 469.090 to 469.108, inclusive, have been duly taken in order to create, constitute and activate the EDA. 2. statutes, following Appointment of Officers. In accordance with Minnesota Section 469.090, the Board hereby appoints to the offices of the EDA the following persons, respectively: '1 J President Vice President Secretary Treasurer Assistant Treasurer 3. Adoption of Bv-Laws. The Board hereby adopts the By- laws of the EDA presented to it as of this date. Adopted by the Board of the EDA this 5th day of April, 1994. President ATTEST: , J Secretary ) BY-LAWS OF THE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY DATED: APRIL 5, 1994 1. The Authority Section 1.1 Name of the Authoritv. The name of the Authority shall be the Andover Economic Development Authority (hereinafter, the "Authority"), and its governing body shall be called the Board of Commissioners (hereinafter, the "Board"). Section 1.2 Office. The principal office of the Authority shall be the Andover City Hall. Section 1.3. seal. Seal. The Authority shall have an official 2. Organization " / Section 2.1 Officers. The officers of the Authority shall consist of a President, a Vice President, a Secretary, a Treasurer and an Assistant Treasurer. The President, the Vice President and the Treasurer shall be members of the Board and shall be elected annually, and no Commissioner may serve as President and Vice President at the same time. The offices of Secretary and Assistant Treasurer need not be held by a Commissioner. Section 2.2 President. The President shall preside at all meetings of the Board. Section 2.3 Vice President. The Vice President shall preside at any meeting of the Board in the absence of the President and may exercise all powers and perform all responsibilities of the President if the President cannot exercise or perform the same due to absence or other inability. Section 2.4 President Pro Tern. In the event of the absence or inability of the President and the Vice President at any meeting, the Board may appoint any remaining Commissioner as President Pro Tern to preside at such meeting. Section 2.5 Treasurer. The Treasurer shall receive and be responsible for Authority money, shall disburse Authority money by check only, keep an account of all Authority receipts and disbursements and the nature and purpose relating thereto, shall file the Authority's financial statement with the Secretary at least once a year as set by the Authority and be responsible for the acts of the Assistant Treasurer. / 1 Section 2.6 Assistant Treasurer. The Assistant Treasurer ) shall have all the powers and duties of the Treasurer if the / Treasurer is absent or disabled. Section 2.7 Secretary. The Secretary shall keep or cause to be kept minutes of all meetings of the Board and shall maintain or cause to be maintained all records of the Authority. The Secretary shall also have such additional duties and responsibilities as the Board may from time to time by resolution prescribe. Section 2.8 Executive Director. The Executive Director shall be the Administrator of the City of Andover, shall be the chief appointed executive officer of the Authority and shall have such additional responsibilities and authority as the Board may from time to time by resolution prescribe. 3. Procedures of Board of Commissioners Section 3.1 Annual Meetina. The annual meeting of the Board shall be held on the first regular City Council meeting date, immediately following the City Council meeting, of the month of January of each year. / Section 3.2 Reqular ~ Special Meetinqs. Regular or special meetings of the Board may be called by the President or, in the event of the President's absence or inability, by the Vice President at any time, upon three days prior notice to all Commissioners and the Executive Director. Upon the same notice, regular or special meetings of the Board may also be called by any two Commissioners. The Executive Director shall post notice of any regular or special meeting in the principal office of the Authority no less than three days prior to such regular or special meeting. " Section 3.3. Ouorum. A quorum of the five member Board shall consist of three Commissioners. In the absence of a quorum, no official action may be taken by, on behalf of, or in the name of the Board or the Authority. Section 3.4 Adoption of Resolutions. Board shall be deemed adopted if approved by Commissioners. Resolutions may but need not to vote taken thereon. Resolutions of the not less than three be read aloud prior Section 3.5 Rules of Order. The meeting of the Board shall be governed by the most recent edition of Robert's Rule of Order. , J 2 4. Miscellaneous Section 4.1 Fiscal Year. The fiscal year of the Authority shall be the calendar year. Section 4.2 Treasurer's Bond. The Treasurer shall give bond to the state conditioned for the faithful discharge of official duties. The bond must be approyed as to form and surety by the Authority and filed with the Secretary and must be for twice the amount of money likely to be on hand at any time as determined at least annually by the Authority, provided, however, that said bond must not exceed $300,000. Section 4.3. the Treasurer and name of the payee Checks. An Authority check must be signed by Assistant Treasurer. The check must state the and the nature for which the check was issued. Section 4.4. Financial Statement. The Authority shall examine the financial statement together with the Treasurer's vouchers, which financial statement shall disclose all receipts and disbursements, their nature, money on hand and the purposes to which it shall be applied, the Authority's credits and assets and its outstanding liabilities. If the Authority finds the financial statement and Treasurer's vouchers to be correct, it shall approve them by resolution. , I Section 4.5. Report to City. The Authority shall annually make a report to the. City Council giving a detailed account of its activities and of its receipts and expenditures for the preceding calendar year. Section 4.6 Budqet to City. The Authority shall annually send its budget to the City' Council which budget includes a written estimate of the amount of money needed by the Authority from the City in order for the Authority to conduct business during the upcoming fiscal year. Section 4.7 Employees. The Authority may employ technical experts and agents and other employees as it may require and determine their duties, qualifications and compensation. Section 4.8 Services. The Authority may contract for the services of consultants, agents, public accountants and others as needed to perform its duties and to exercise its powers. The Authority may also use the services of the City Attorney or hire a general or special counsel, as determined by the Authority. , J 3 Section 4.9 Supplies. Purchasinq. Facilities and Services. The Authority may purchase the supplies and materials it needs. The Authority may use the facilities of the City's purchasing department. The City may furnish offices, structures and space, stenographic, clerical, engineering and other assistance to the Authority. Section 4.10 Execution of Contracts. All contracts, notes and other written agreements or instruments to which the Authority is a part or signatory or by which the Authority may be bound shall be executed by the President and the Executive Oirector or by such other Commissioners or Officers of the Authority as the Board may by resolution prescribe. Section 4.11 Amendment of BY-Laws. These By-Laws may be amended by the Board by majority vote of all the Commissioners, provided that any such proposed amendment shall first have been delivered to each Commissioner at least three days prior to the meeting at which such amendment is considered. _I 4 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 AGENDA t-.D. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion planning ~ ITEM t-.D. Approve Resolution EDA Accepting Districts from the City Dayid L. Carlberg City Planner B~ /1. The Andover Economic Development Authority (EDA) is requested to review and approve the attached resolution accepting control, authority and operation of the development district and its tax increment financing districts from the City of Andover. MOTION BY: SECOND BY: TO: \ i ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING CONTROL, AUTHORITY, AND OPERATION OF THE DEVELOPMENT DISTRICT AND ITS TAX INCREMENT FINANCING DISTRICTS BY THE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY FROM THE CITY OF ANDOVER. BE IT RESOLVED by the Board of Commissioners (the "Board') of the Andover Economic Development Authority (the "EDA"), as follows: 1. Recitals. All actions required by the applicable provisions of Minnesota Statutes, Sections 469.090 to 469.108, inclusive, as may be amended and supplemented from time to time, have been duly taken in order to create, constitute, and activate the EDA. / 2. Acceptinq Pro;ect Control, Authority and Operation. In accordance with Minnesota Statutes, Section 469.094, Subd. 2, the Board hereby accepts on behalf of the EDA control, authority and operation of Development District No. 1 (the "Development District") and Tax Increment Financing Districts No. 1-1 and No. 1-2 (the "Tax Increment Financing Districts") located therein, referred to in Resolution No. of the City Council of the City of Andover, Minnesota, adopted on April 5, 1994, copies of which are attached to this Resolution as Exhibit A. The Board also agrees that it covenants and pledges to perform all terms, conditions and covenants initiated and entered into by the City of Andover concerning all bond issues and related agreements pertaining to the Development District and its respective Tax Increment Financing Districts. 3. Effective Date. This resolution shall be effective as of the date hereof. , / 1 " . I " J Adopted by the Board of the EDA this 5th day of April, 1994. ATTEST: President Secretary " J 2 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 5, 1994 DATE /~. Administration Daryl E. sulande~~~ Finance Director ~ ;J-:. David L. carlbe~ . Ci ty planner ~ APPROVED FOR AGENDA AGENDA SECTION NO. Staff, Committees, Commissions ORIGINATING DEPARTMENT ITEM NO. Appoint Code Enforcement Officer REQUEST The Andover City Council is requested to approve the hiring of Jeffrey N. Johnson to fill the new full time Code Enforcement Officer position in the Planning Department effe~tive April 25, 1994. BACKGROUND '. / The City Council authorized the addition of one permanent full time Code Enforcement Officer in the Planning Department 1994 personnel budget with an estimated start date of April 1, 1994. The current shared position of Code Enforcement Officer and Building Inspector would then be assigned full time to the Building Department. An interview panel consisting of Dick Fursman, Dave Carlberg and Daryl Sulander selected seven candidates from a field in excess of sixty applicants. The candidates interviewed met a selection criteria based on the educational requirements, previous experience, job description and position responsibilities required to perform the specified duties. RECOMMENDATION We recommend Jeffrey N. Johnson for the full time position in the Planning Department effective April 25, 1994. The recommended starting salary is $25,000/year. An increase to $26,000/year will be effective upon successful completion of the six month probationary period based on effectiveness and performance. " MOTION BY: / TO: / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 AGENDA SECTION NO. Staff, Committee, Commissions ORIGINATING DEPARTMENT Administration APPROVED FOR AGENDA ITEM t-.D. Reclassify Code Enforcement Officer to Building Inspector D~ryl E. ~uland~rIl/ B1:~.L F~nance D~rectoL~n y /'1. REQUEST The City Council is requested to reclassify Barry Olson from the position of Code Enforcement Officer to the position of Building Inspector. BACKGROUND \ The reclassification of the shared position of Code Enforcement Officer and Building Inspector was adopted by the City Council with the 1994 operating budgets. The reclassification was concurrent with the hiring of a full time Code Enforcement Officer. RECOMMENDATION with the appointment of the new full time Code Enforcement Officer I recommend Barry Olson be reclassified to the position of Building Inspector effective immediately. I also recommend the normal six month probationary period be waived and a thirty five cent per hour wage increase be effective April 4, 1994. MOTION BY: SECOND BY: TO: 1 " CODE ENFORCEMENT OFFICER The City of Andover is seeking a Code Enforcement Officer. Applicants should possess a combination of training and/or experience equivalent to a bachelors degree in planning or a related field and/or municipal planning and zoning code enforcement. The position will be responsible for handling citizen complaints, on site inspections, and written and verbal correspondence. Salary $25,000 to $27,000 DOQ. Resume to: City of Andover, 1685 Crosstown Boulevard NW, Andover MN 55304 by 3/18/94. The City of Andover is an Affirmative Action Employer. The City does not discriminate on the basis of disability. , . , / , , 'VJf;I~"1""'"';~' " .,f" "\ ./ --'. -, , i -} \. .I... ,I "-~~.~ "'::~.-:-;'. ~:. >/ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 · (612) 755-5100 " March 31, 1994 Jeffrey N. Johnson 1110 1/2 West Third St Red Wing MN 55066 Dear Jeffrey, \ J On behalf of the City of Andover, I extend our offer for the appointment to the newly created full time position of Code Enforcement Officer. As we discussed, your starting salary will be $25,000 annually. An increase to $26,000 per year would become effective upon successful completion of our standard six month probationary period. The employee benefit package as presented with the interview materials becomes effective with your first day of employment, April 25, 1994. City Council confirmation of your appointment is scheduled on the agenda next Tuesday, April 5th. We are confident your addition to our planning Department will be rewarding and challenging, and beneficial to all. Sincerely, ~itC;~ Daryl E. Sulander City of Andover cc: Dave Carlberg, City Planner ~ Richard Fursman, Administrator~ personnel file , J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Aoril 4. lqq4 AGENDA t-.D. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Reports of staff, Committes, Commissions Admin ITEM t-.D. Approve precinct Boundary/ Polling place Changes v. vOlkJ.D. ~ ~O. The City Council is requested to adopt the attached resolution approving changes in the precinct boundaries and polling place locations. The changes are necessary due to an increased number of registered voters and problems with space at Fire Stations 1 and 2. In the front of your packet is a map showing the new precinct boundaries. , MOTION BY: SECOND BY: TO: , 1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R A RESOLUTION DIVIDING THE CITY OF ANDOVER INTO SEVEN (7) VOTING PRECINCTS, SETTING FORTH BOUNDARIES AND POLLING PLACES FOR EACH. WHEREAS, there has been a sizeable increase in the number of registered voters in the City of Andover; and WHEREAS, the current polling places are not of sufficient size to handle the large numbers of voters. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby revise the voting precincts and designate new polling places, to be effective with the State primary Election to be held Tuesday, September 13, 1994. Precinct 1 - All that area north of County Road 20 West between Round Lake Boulevard and 7th Avenue south of 181st Avenue N.W. polling Place: Andover Fire Station #2 16603 valley Drive N.W. , / Precinct 2 - All that area lying west of a line described as follows: starting at the intersection of Round Lake Boulevard and Bunker Lake Boulevard going north along Round Lake Boulevard to County Road 20 West; then west on County Road 20 West to 7th Avenue and the line terminating at the intersection of 7th Avenue and the Rum River. polling place: Grace Lutheran Church 13655 Round Lake Boulevard N.W. precinct 3 - All that area lying between Hanson Boulevard N.W. and Round Lake Boulevard south of Bunker Lake Boule- vard and north of 133rd Avenue N.W. polling Place: Riverdale Assembly of God Church 3210 Bunker Lake Boulevard Precinct 4 - All that area lying west of Hanson Boulevard to Round Lake Boulevard, north of Bunker Lake Boulevard and south of a line east of Round Lake Boulevard along South Coon Creek Drive to Crosstown Boulevard and north on Crosstown Boulevard to Andover Boulevard and terminating at the intersection of Andover Boulevard and Hanson Boulevard. , , / polling Place: Meadow Creek Church 3037 Bunker Lake Boulevard I I Precinct 5 - All that area lying south of a line drawn from the easterly city limits along Andover Boulevard to Hanson Boulevard ; south along Hanson Boulevard to the southern city limits and east to the easterly city limits. Polling Place: Bunker Hills Activities Center 550 Bunker Lake Boulevard Precinct 6 - All that area lying south of County Road 20 (161st Avenue) and north of a line drawn from the easterly city limits along Andover Boulevard to Crosstown Boulevard, south along Crosstown Boule- vard to South Coon Creek Drive and west along South Coon Creek Drive to County Road 9 (Round Lake Boulevard). polling Place: Andover Elementary School 14950 Hanson Boulevard , ) Precinct 7 - All that area lying north of County Road 20 (161st Avenue) between County Road 9 (Round Lake Boulevard) and the easterly city limits. polling Place: Family of Christ Lutheran Church 16045 Nightingale Street N.W. Adopted by the City Council of the City of Andover this 5th day of March , 1994. CITY OF ANDOVER Attest: J.E. McKelvey - Mayor Victoria Volk - City Clerk , ) , "' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE AprilS" 1994 AGENDA t-.D. SECTION Reports of Staff, Committ~es Commi!':!':inn!': ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t-.D. Admin. Approve Garbage Hauler Licenses ~ ~/. V. volk o,D. Council is requested to approve renewal of the following garbage hauler licenses: Ace Solid Waste Johnson Sanitation Pretzel's Sanitation Michael P. Hall and Williams Pickup Service have applied for renewal; however, their trucks failed the inspection done by the Public Works Department. As of today they have not been re- inspected. MOTION BY: SECOND BY: TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 AGENDA t-.D. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Planning ~ ITEM t-.D. Approve Resolution Limi ting Garbage Hauler Lic~nses David L. Carlberg City Planner BYv c{:(. The City Council is asked to discuss and approve the attached resolution which limits the number of garbage hauler licenses issued by the City. If approved, the resolution would limit the number of residential haulers to ten (10) and the number of commercial haulers to seven (7). BACKGROUND , I The City Council on December 21, 1993, directed the Planning and zoning Commission to hold a public hearing on the request to limit the number of garbage hauler licenses. City Staff met with the haulers on February 18, 1994 to discuss the limiting of licenses and organized collection. Staff asked for written responses from the haulers on their view of limiting licenses and having organized collection. This information was presented to the Planning and zoning Com~ission at their March 22, 1994 meeting. The minutes from the meeting are attached for Council review. The Council should note that the Commission agreed that a number of issues needed to be addressed before considering organized hauling. \ MOTION BY: , , TO: J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION LIMITING THE NUMBER OF RESIDENTIAL GARBAGE HAULER LICENSES TO TEN (10) AND THE NUMBER OF COMMERCIAL GARBAGE HAULER LICENSES TO SEVEN (7) IN THE CITY OF ANDOVER. WHEREAS, the City of Andover has deemed it necessary to limit the number of residential garbage hauler licenses to ten (10) and commercial garbage hauler licenses to seven (7) in the City of Andover; and WHEREAS, The City has determined that the trucks from the increased number of garbage haulers in the City has caused damage to City streets and by limiting the number of licenses and haulers will help to reduce the damage to said streets; and WHEREAS, the Planning & zoning Commission has held a public hearing on limiting the number of licenses and references the minutes as the record of comment; and WHEREAS, the Planning and zoning Commission recommends to the City Council to limit the number of garbage haulers as indicated above. , I NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission and hereby limits the number of garbage hauler licenses in the City to the current ten (10) residential and seven (7) commercial haulers. Adopted by the City Council of the City of Andover on this 5th day of April 1994. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST Victoria Volk, City Clerk 1 Regular Andover Planning and Zoning Commission Meeting Minutes - March 22, 1994 / Page 2 .// PUBLIC HEARING: AMENDED SPECIAL USE PERMIT -;.AIDLK STORAGE OF LIQUID FUELS (TANK) - 13650 HANSON BOULEVARD NW - MURPHY OIL USA Mr. Carlberg stated he received a fax~~fternoon from Murphy Oil USA requesting this item be removed f~ the agenda. They have determined they do not need the additional ~nk. They are also requesting a refund of the $70 application fee. aff is recommending the $20 recording fee be refunded, but the $50 a ication fee, which was based on publication and Staff time, should ot be refunded. MOTION by Apel, conded by Dehn, that we remove and terminate the public hearin~egarding the Amended Special Use Permit of the Murphy Oil Company~and that we fund that portion of the fee in the amount of $20 to M~rPhy Oil Company. Motion carried on as-Yes, 2-Absent (Pease, putna)ll"r vote. -- ,. @..' ; / J PUBLIC HEARING: DISCUSS AMENDING ORDINANCE NO. 102 - LIMITING NUMBER OF LICENSES AND DISTRICTING OF GARBAGE HAULERS ( , 7:11 p.m. Mr. Carlberg explained the Commission is asked to discuss the \ issue of limiting the number of garbage hauler licenses issued by the ) City and the possibility of districting of the haulers. There are ten licensed haulers currently operating in the City. The discussion carne about because of the number of haulers and the maintenance of the streets. There is a concern when there are six to eight garbage trucks on the streets of one neighborhood each week. Staff met with a number of haulers on February 8, 1994, to discuss these issues. Written =esponses have also been received from two haulers. MOTION by Dehn, Seconded by Jovanovich, to open the public hearing. Motion carried on as-Yes, 2-Absent (Pease, Putnam) vote. 7:15 p.m. Mike Hall, Michael P. Hall, Inc. stated it is hard to say how districting the City would affect the overall cost to the consumer. It depends on the zoning and how the City would get involved if billing the non-paying customers becomes a problem. Whether or not the City gets involved would dictate prices, as well as prices paid to the county. Commissioner Dehn asked if customers would lose any services by redistricting. Mr. Hall - stated he takes pride in his business and would do the best he can. He thought there would have to be some guidelines set by the City that each hauler would have to comply with. He would like his business to grow, so he would be in favor of districting if the boundaries would change as the City grows. He is involved in organization collection now, and he felt it is very beneficial to both J ~he consumer and to the haule=. Mr. Ha:l felt the same services would be given to both the rural and urban areas with districting, though financially it is better to be located in the southern portion of the City. That would be part of the logistics that would have to be determined when determining boundaries. He is open to districting but wants to know what role the City is going to take. Regular Andover Planning and Zoning Commission Meeting , Minutes - March 22, 1994 -' Page 3 (Public Hearing: Ordinance 102 - Limiting Garbage Haulers, Cont.) Mr. Hall reviewed the setup in the City of Minneapolis, which is very unique and which he felt works well. It is a partnership, stating he would be glad to provide his experiences and expertise to the City in this matter. Commissioner Peek asked if there is a difference in rates between the urban and rural areas. Mr. Hall - would corne they pay. competitors competition stated not at this time, and it is not something he felt into effect. The county and state control the tipping fees He is dumping at Elk River, and he believed most of his are doing the same. Commissioner Peek asked about the and rates in an organized distribution. c Mr. Hall - stated it would not be as competitive in an organized system. He felt the haulers would have to negotiate a fee for the different services which would have to be approved by the City. Districting does reduce the travel costs and some labor costs. Billing is the big question. Prices can be cut dramatically if one person is doing the billing. Some cities are willing to use their Staff to implement second notices and stop notices when the bills are not paid. The City can levy , on the taxes so they can continue service to the customer. He can put J together different examples and help with any kind of plan. The question is whether to limit haulers or is it the time to organize them. Councilmember Apel felt the first question is whether or not to limit the number of haulers. The question of districting can then be discussed over the next several months. Mr. Hall - stated many of the metropolitan cities are having these same discussions. He noted there are some haulers who obtain licenses in a city just to be involved even if they don't have any customers. He was not sure what the correct number of haulers should be for Andover. He didn't know of any statistics to show what would get the best service. Councilmember Apel asked how the load restrictions in the spring affects his business. Mr. Hall - stated there is not a legal garbage truck on the roads in the spring. The average truck meets the 5-ton limit when empty. (Commissioner Pease arrived at this time; 7:35 p.m.) Mr. Hall - explained under state law they must provide recycling. With districting, there would be a minimum of three garbage trucks going down the street, the garbage truck, the recycling truck and the yard waste truck in the spring and fall. They are experiencing more demand for the yard waste truck in Andover, particularly in the southern area; and he would like to see that particular service continued. He again offered ~ his service to get information and answer questions on this issue. Terry Lanoue, Peterson Brothers - is in favor of organized collection. There is organized collection where they operate in Elk River, Champlin Blaine and Ham Lake. Regular Andover Planning and Zoning Commission Meeting Minutes - March 22, 1994 I , Page 4 (Public Hearing: Ordinance 102 - Limiting Garbage Haulers, Cont.) Representative for Wood lake Sanitary Service - would rather limit the number of haulers and let them compete. Districting would limit their growth, and he would prefer to grow through the competitive means. It would also limit the customers' freedom of choice. If the number of haulers is not limited, there could be 15 or more instead of the ten the City now has. Limiting the haulers is the place to start. There being no further public testimony, Chairperson Squires asked for a motion to close the public hearing. MOTION by Peek, Seconded by Dehn, to so move. Motion carried on a 6- Yes, 1-Absent (Putnam) vote. The Commission agreed the first step would be to limit the number of haulers. In further discussion it was noted there are also 7 commercial haulers. The Commissioners felt there were many issues that must be addressed before considering the issue of districting and whether that would be good for the City. It was suggested some of the haulers get involved in that issue as well, possibly creating a Garbage Task Force , to look at the issues and make a recommendation to the City. They felt I districting is an issue that will need some time before a decision can be made and that it is not warranted in the City at this time. ( Commissioner Dehn was not in favor of restricting private businesses. She was concerned about the possibility of creating a monopoly. MOTION by Apel, Seconded by Peek, that we recommend to the City Council that they do indeed limit the number of licensed haulers in the City of Andover to residential customers to ten and limit the commercial haulers to the present number of seven. DISCUSSION: Cindy DeRyder, Recycling Coordinator, asked if the Commission wanted to implement a declining limit based upon turnover. That is, if one hauler would leave the City, the number of licensed haulers would be reduced to nine. Commissioner Apel was not in fayor of a declining limit, as it basically eliminates anyone else from ever doing business in Andover; and theoretically it could get to the point where there would be only one hauler. Commissioner Apel added to motion that a public hearing was held and reference the record for comment. Second Stands. Motion carried on a 5-Yes, I-No (Dehn), I-Absent (Putnam) vote. 7:50 p.m. AMEND ORDINANCE NO. 44, AUTO RECYCLING/JUNK YARD ORDINANCE \ Mr. Carlberg explained the proposed amendment would allow auto recycling yar-ds to construct comrnercial buildings if the provisions 0:: the ordinance are met. This is the recommendation that was agreed to by the Auto Recycling/Junk Yard Task Force. The City Council met with the Task Force several times and basically agreed with the proposal. It would reduce the size of the outside storage of the yards. The idea was to make the yards more aesthetically pleasing. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION March 22, 1994 DATE AGENDA ITEM 5. Public Hearing Discussion Garbage Hauling ORIGINATING DEPARTMENT Planning David L. Carlberg City Planner BY: APPROVED FOR AGENDA B~ REQUEST The Andover City Council at their December 21, 1993 meeting directed the Planning and Zoning Commission to hold a public hearing on limiting the number of garbage hauler licenses issued by the City. The Council also briefly discussed the districting of haulers in the City. Attached for Commission reyiew are the minutes from the December 21, 1993 meeting. City Staff met with a number of haulers on February 18, 1994 to discuss limiting the number of licenses and districting the City. Staff requested written responses from the haulers as to their feelings on the issues of limiting licenses and districting. The , responses received from the haulers are attached. 1 The Commission should be aware that currently ten (10) licensed haulers are operating in the City. The public hearing notice was mailed to the licensed haulers as indicated on the attached list. Regular Andover City Council Meeting ,Minutes - December 21, 1993 ,'Page 7 PURCHASE OF COMPOST BINS Cindy DeRuyter, Recycling Coordinator, asked that the item be continued until she can obtain more information. Council agreed. ORDINANCE 102 DISCUSSION/GARBAGE HAULERS Ms. DeRuyter explained the Staff is recommending a limit to the number of licensed garbage haulers in the interest of maintaining healthful and sanitary conditions plus maintaining reasonable conditions of city streets. Andover presently has nine licensed haulers, and the Council is asked to consider limiting the number of licensed haulers to nine. Many other cities have limited the number of haulers, and others have organized collections, which limits the weight damage of the trucks on city streets even further. c In discussing the issue, Councilmember Perry stated she would prefer to limit the number of licenses rather than organize collections to one hauler per area because of the problems with logistics of having both a rural and urban area of the City. Councilmember Jacobson asked why does ,government want to get involved in private industry. He is not in favor )of intruding into the marketplace and restraining trade. He stated he has been assured that the roads have been constructed to be able to handle the traffic; and if there is a problem with overweight garbage trucks, the weight restrictions should be enforced. He felt more information and more ideas from haulers is needed before making a decision. Ms. DeRuyter explained by limiting the number of haulers, the number of trucks on the roads in the spring is also limited. Now with recycling, it means two trucks pick up at one residence each week. As more people move into Andover, more haulers will be applying for licenses. She continued it is also a safety issue with many trucks on the streets with children waiting for buses. Mr. Stone stated he would like to see the number of haulers limited to nine or ten. Then if further consideration is wanted on organizing collections, it can be referred to the Planning Commission. Mr. Haas stated one fully loaded garbage truck is equal to 40,000 vehicles; and they do much of the damage to the roads in the spring. By not limiting the number of haulers, it will cost the City in the end. After further discussion, the Council recommended the item be forwarded to the Planning and Zoning Commission to hold a public hearing on the request to limit the number of garbage hauler licenses. j CHRISTMAS TREE CHIPPING UPDATE \ Ms. DeRuyter updated the Council on the Christmas tree recycling and chipping promotion and the Goodwill Donation trailers and the ACCAP semi-trailer parked at the Andover Downtown Center on December 28 and 29. .~~1t' , f \ ) ~l ~ \ ~ ,11' \~f CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, March 22, 1994 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to discuss amending Ordinance No. 102 and limiting the number of garbage hauler licenses issued in the City. Districting of haulers may also be discussed. All written and verbal comments will be received at that time and location. 1 rU-Uv ir.&/ V~ctoria Vo k, City Clerk Publication dates: March 11, 1994 March 18, 1994 ~CE Solid Waste Mgmt 3118 - 162nd Lane NW ~ndover, MN 55304 'I, l' ,. La. j S Qua 1ty San1tat10n 17210 Driscoll st NW Ramsey, MN 55303 T & R Sanitation P.O. Box 640 st. Francis, MN 55070 Woodlake Sanitary Service 8661 Rendova Street Circle Pines, MN 55014 file:, f~+- /L;c:l\Se. d 11.:..;..(,,<s L~bJ, Michael P. Hall, Inc. 3119 - 150th Lane NW Andover, MN 55304 Peterson Bros. Sanitation 740 Industry Avenue Anoka, MN 55303 Waste Mgmt - Blaine 10050 Naples Street N.E. Blaine, MN 55449 Johnson Sanitation 125 Bunker Lk Blvd NW Andover, MN 55304 Pretzel Sanitation 15323 Ramsey Blvd Anoka, MN 55303 Williams Pick Up Servo 11751 Kumquat St NW Coon Rapids, MN 55433 lACE SOLID WASTE, INC. 3118-162 Lane t-MJ Anoka, MN 55304 Phone (612) 427-3110 Fax (612) 427-1691 March 22, 1994 City of Andover Planning and Zoning Commission 1685 Crosstown Blvd NW Andover, MN 55304 Dear Planning and Zoning Commission: The following are my recommendations for the City of Andover while reviewing their current hauling system. Please accept this letter for your meeting in my absence. \ 1 Ask haulers how many accounts they have. My estimates are as follows: 1. Williams 3 2. T & R 500 3. Johnson 50 4. Waste 20 5. BFI 100 6. Larry's 200 7. MPH 500 8. Pretzel 50 9. Peterson 800 10. Ace 3253 If these were actual numbers, they would suggest that Williams, Pretzel, Johnson, and Waste are not serious players in the market. What you are really looking at is six residential haulers servicing your city. I recommend limiting the number of haulers to the current ten with the goal of reducing the number to six or eight through attrition. You will need to split your hauling licensing betwe~n commercial and residential service, increasing the fee to $200. In the springtime, requiring haulers to have a daily overNeight permit would enable the city to raise revenue which could be applied towards road repair. , ACE J SOLID WASTE, INC. 3118-162 Lane NW Anoka, MN 55304 Phone (612) 427-3110 Fax (612) 427-1691 " A city operating a District Hauling System has some advantages. The majority of city's have chosen alternative solutions due to the complex nature of District Hauling and the requirement for the city to become involved with thesystem. The Andover residents and haulers would not benefit from a District Hauling System. The Open Hauling System has proven most beneficial in providing residents the best quality service at the most competitive rate. This Open Hauling System promotes competition and innovation. Some pros and cons of District Hauling: \ Pros: 1. Protects current haulers from losing customer base 2. Reduces amount of trucks on streets 3. Hauler is guaranteed that customer will pay 4. Gives city responsibility Cons: 1. Reduces innovation 2. Reduces a haulers potential for growth 3. Reduces service level 4. Requires the city to get involved, the more a city is involved the more likely they become involved with Superfund 5. Customers are no longer able to choose 6. Limited recycling of new materials 7. Not any cheaper for customer g.. Requires haulers to form an operating corporation 9. Once a city gets in, they can't get out 10. At the end of the contract period, the city no longer has an obligation to renew with current haulers. The city can put contract out for bid-- haulers could lose everything. Unfortunately my schedule conflicts with the Andover meeting tonight and I am unable to present my recommendations in person. I am available to discuss this issue, please contact me at my office number 427-3110 to schedule a time that is convenient for you. Thank you for your consideration of my recommendations. Sincerely. ~ //~ Andy izer, Owner PETERSON BROTHERS SANITATION, INC. 740 INDUSTRY AVENUE NW. ANOKA. MN (612) 427-1688 March 8.1994 City of Andover Planning and Zoning % Dave Carlberg 1865 Crosstown Blvd. Andover. M~ 55304 Re; Organized Collection Dear Dave, Attached is the recommendation from Peterson Brothers Sanitation Inc. on the different types of garbage collection, open versus an organized system. Peterson Brothers doesn't like the fact that city government would be involved in private business. but has always preferred the organized system that uses a consortium or cooperative of current haulers. 1. The city would divide the city in districts based on current percentages. 2. District boundaries would be moved yearly, based on the new growth. 3. Billing would be the haulers responsibility. 4. The city would negotiate a contract with haulers. I would recommend to the city that they should continue to move towards an organized system. It not only makes sense but it would be for the city and residents best interest. Here is a list of pro's that I think out weigh the cons conSiderably. 1. Standardized garbage service- Each Hauler would have the same service levels and rates and would do their own billing. 2. Standardized ReCYCling Program - Each Hauler would collect the, same items and there would be one standardized educational program that would fit the entire city. 3. Increase in recl:cl ing tonnages ~. Possible to add additional services 5. Cost and energy effiCiency 6. Safer streets- less truck traffic 7. Less wear and tear on streets \ ) 8. Complaints - Would know who is responsible 9. Restrict the number of Haulers to present number These are just a few of the advantages to organized collection. City Responsibility One major con that most cities worry about is city involvement. The unique thing about organized collection is that the city can decide to what degree they want to be involved. If the city doesn't get involved with the billing. their involvement is greatly reduced. I've enclosed a copy of a study that was done for the city of Chanhassen on organized collection and a letter from the city of Champlin. If you have any question please call. i Thank you. ~~ Terry Lanoue r -_. -, ) City of Champlin 11955 CHAMPLIN DRIVE CHAMPLIN. MN 55316-2399 (612) 421-8100 March 4, 1994 TO WHOM IT MAY CONCERN: The City of Champlin has had an organized refuse and recycling collection system since February, 1988. The system has worked very well, and the City of Elk River has patterned their system after ours. The City began looking at the possibility of an organized collection system in 1984-85. At this time there was a great deal of utility work going on in the City with the completion of the CAB Interceptor and the availability of sewer to existing homes. The utility construction included sewer, water, permanent streets and storm sewer. With the new streets and the investment made in them, the City wanted to preserve them as long as possible. Based on information from the Engineering Department, one garbage truck going down a street is equivalent to 1,500 passenger vehicles. With the open hauling system there were as many as 6-8 different haulers on a neighborhood street. With the formation of the organized collection system, the City is divided into six areas (based on the number of customers the hauler had), and each hauler was assigned an area. The haulers are responsible for collection of both the refuse and recycling, and both are done on the same day. This limits the number of vehicles going into an area to two (one for refuse and one for recycling). As I mentioned previously, the hauler collect the refuse and recycling on the same day. This provides a quieter, safer neighborhood since there are only two trucks in the area as opposed to 6-8 or more. There was some confusion and problems during the first seyeral weeks after the system was implemented; however, the haulers have worked with the City to work out any problems and satisfy the customers. The City of Champlin bills residents for refuse along with the sewer and water. This is an advantage for the haulers since they get paid for each customer. At the end of the year, the City certifies the unpaid accounts to Hennepin County for collection along with the property taxes. The City 0/ Champlin is an Equal Opporlunity/Allirmative Action Employe, , ) The Environmental Resources Commission is a voluntary commission comprised of residents of the city. They monitor and make recommendations to the City council regarding the refuse and recycling programs. The City has had a number of request from residents who do not want to have refuse service; however, city ordinance requires that all residents must have refuse service. No exceptions have been made. There is a small container available to residents who generate very little refuse. The organized collection system has worked well for the City of Champlin, due in a large part to the cooperation and level of service provided by the haulers. If you have any questions, contact me at 421-8100. Sincerely, 9o~#!.~~ Jo Anne Brown Government Services Director cc: City Council Environmental Resources Commission " / .. . / RESOURCE STRATEGIES CORPORATION 6600 CITY WEST PARKWAY su:;c 3~O ~"il~~~~:,~?OL!S, ~,,'1~J 553':~ 612/942.8010 FAX 612/942.7464 <) / ~ CITY OF CHANHASSEN ORGANIZED COLLECTION STUDY FINAL REPORT September, 1993 Resource Strategies Corporation ." " / I. II. III. IV. V. VI. VII. VIII. ;' CITY OF CHANHASSEN ORGANIZED COLLECTION STUDY FINAL REPORT Page EXECUTIVE SUMMARY ~ Existing Conditions 1 .Alternative Collection Methods 10 15 20 Environmental Factors Street Impacts Cost Comparisons Resident Survey 23 28 33 35 Hauler Issues Considerations and Recommendations LIST OF FIGURES Figure 1 - Monday Collection Routes 2 Figure 2 - ~~esday Collection Routes 3 Figure 3 - Wednesday Collection Routes 4 Figure 4 - Thursday Collection Routes 5 Figure 5 - Friday Collection Routes 6 Figure 6 - Weekly Collection 8 Figure 7 - Comparative Sound Levels 18 LIST OF TABLES Table 1 - Open Collection Costs 24 Table 2 - Organized Collection Costs 25 Table 3 - Co~~ty Compa=isons 26 Table 4 - Alternative Methods Comparative Matrix 38 Appendix A - Hauler Survey Appendix B - Resident Survey ... Executive Sl1mmary " The Chanhassen City Council had a series of discussions in the early spring, 1993, regarding the existing open system of solid waste collection. The discussions included concerns over the number of collection vehicles present each week ~n City neighborhoods, the apparent redundancy or overlap of existing service provided, the potential for unnecessary street wear and the overall efficiency of the existing collection system. The City Council directed staff to make recommendations for a study and evaluation of organized collection. The City Council authorized Resource Strategies Corporation to assist the City ~n conducting an organized collection study. At a public hearing on May 24, 1993, the City Council adopted a Resolution of Intent to conduct a formal process for the evaluation of organized collection in the City of Chanhassen. The stated purpose of the study was to determine whether a change in the City's open solid waste collection system is appropriate and in the best interests of the general public. ':'he study objectives included the evaluation of the ~ssues: - .... . :':,,:,,~o.w:::~ Service Delivery Efficiency Cost Effectiveness Quality of Service Environmental Impacts Noise .Z\esthetics Litt.er .~ir Quality Energy Consumption Infrastructure Impacts ?'..lblic Safety :~pa=ts on ?~iva:e ~~~e=p=ise City ~" ~- C:~a::.1:.asse:l Resource Strategies / There are currently s~x haulers licensed to collect solid waste and recyclables in the City. There are no restrictions on the number of haulers that may be licensed to provide service. Five of the six haulers cooperated fully in the organized collection study, providing detailed information on the existing collection system. Collection of residential mixed municipal solid waste (MS~) and recyclables occurs each week day in the community. Residential neighborhoods are typically served by five or six MSW vehicles and five or six recycling vehicles each week. Under the current open system, collection of MSW and recyclables may occur each week day on a single l:esidential street, with all six haulers providing comparable service. This duplication of service results in vehicle usage of City streets that is up to six times greater than is necessary under a more efficient system of organized collection. Organized collection eliminates system duplication impacts in the community, as well as on haulers. Collection within a particular '\ neighborhood is limited to one day a week for all residents. ) Garbage and recycling containers are visible on a single day of the week. Residential streets are subject to usage by one MSW vehicle and one recycling vehicle each week. Haulers provide consecutive household service in each neighborhood. eliminating overlapping service routes and system redundancies. O~ganized colleccion will e~hance O~ ~mp=ove e::v~=o~~e:::al conditions inherent to solid waste collection. Single day collection reduces the visual impact of neighborhood collection fi.'vefcld. 1'tlhile an r"'I",",,~'!'"'l ......:;.--...., -.......~-~~ --......--- co;..lect.iar: system ::-~ay li:n:.:. ~ei~~bc=hood i~:~usicns tc a s~~;:: =ay 0= the ~ee~, ~~:=e ~s ~8 corresponding reduction in vehicle ai= emissions, vehicle ene=~J consumption, vehicle noise or total vehicle street usage and vehicle trips. Only organized collection will ensure these impact reductions or system enhance~ments. ., , City of C~anhasse~ :.:.. Res=u==e S~=a~e~~es j Wear and tear of local streets has also been identified as an impact of concern with the current open system of collection. Damage to pavement in a normal life design is accelerated by repetitive usage of heavier vehicles and, particularly, overweight vehicles. Some of the MSW vehicles currently used in Chanhassen exceed the design weight of roadways throughout the year. Most of the MSW vehicles exceed weight restrictions posted in the spring each year. r , According to the Minnesota Department of Transportation, a typical MSW vehicle and recycling vehicle have the combined cumulative effect on pavement as 1,650 automobiles. Six haulers operating in the same neighborhood may create the equivalent impact on local pavement each week as 10,000 automobiles. Occasional exceptions to weight limits must be anticipated for any roadway. Repetitive or excessive exceptions, however, will have an impact on the design life of pavement. Use restrictions and vehicle regulations are an effective method of protecting and ma~miZing pavement design life. r The cost of constructing and maintaining roadways is generally higher in Chanhassen than in some communities, due to the clay soils prevalent in the community. Protecting the integrity of the local street network may, correspondingly, be a higher priority in Chanhassen ~han in other comm~nities. Organized collection will allow the City to effectively reduce the street impacts 0: one 0: the most frequent and repetitive heavy vehicle activities ln residential areas. Cost comparisons of open and organized collection ln the seven county metropolitan area indicate organized collection costs eight to fifteen per cent less than open collection. Organized collection costs three to :if~een per cent less than open col~ec~ion ~~ Carver Ccun~y. Average collec~ion ra:es in City of Chanhassen iii. Resou=ce Strategies " " Chanhassen are currently six to seventeen per cent higher than the average organized collection rates in Carver County. / A resident survey on solid waste collection was conducted ~n July, 1993. Only 10% of the residents surveyed felt the day of the week collection occurs was very important. Less than a third of the residents felt the particular hauler providing service was very important. Nearly two-thirds of the residents polled felt different volume levels of service were important, while only 22% felt special services were important. Less than a third 0: the residents felt that containers provided by haulers were important. \ Residents were asked to note their level of concern about certain aspects of the existing collection system. Nearly half of the residents expressed concern about public safety, while 22% were concerned about the number of vehicles in service. Over a third of the residents were concerned about litter, while 24% expressed concern about the number of containers present on the street. Nearly a third of the residents expressed concern about st.reet wear, 27% about noise and 22% about vehicle air emissions. I Residents were also asked to rate their concerns about ocher larger vehicles in residential neigr.borhoods. None of t.he res;::c;::::e::;:s expressed concern about posta:/delive:y vehicles or private ;.lti:'ity vehicles. Only 2% ......ere concerned about public maintenance vehicles or school buses. Concern abc~;: cons:r~ction delive~~ vehic:'es a::~ other construction vehicles ......as expressed by 1.1% t:l 12% 0: the respondents. :01..:r alter~ative methods c: s8l:~ ~as:e collec:icn were ~ . . . cesc::-:..::e::. :":1 the su.~J'ey. Residents were asked :0 describe their leve: c~ interest in each of the alternatives. Forty-three per cent expressed interest in the existing open system of collection. Forty per cent expressed incerest :..~ si~gle day collec~ic~ ==~es, open to different haulers. Thirty-:o~r per cent expressed int~res: City of Cca~asse~ i." Re==~==e S:=a:e;:es J in single day collection zones, served by a single, designated r" hauler. Only l5% expressed interest in a single hauler serving the entire City. Ranking preferences of the also noted. ~Nenty-seven 25% preferred the zoned favored the zoned system, single hauler system; and four alternative collection methods were per cent preferred the existing system; system, open to several haulers; 22% served by one hauler; 7% preferred the 19% had no opinion. Residents were also asked how supportive they were of organized collection, understanding they may lose their right to choose haulers and the day of the week for collection. Twenty-five per cent of the respondents were very supportive of organized collection. Forty-eight per cent were neutral on the issue. Twenty-seven per cent were not at all supportive of organized collection. There were no resident attitude surveys on solid waste collection encountered in communities with organized collection in place. It is not known what reactions residents may have about Changing from organized to open collection. It is not documented how supportive residents would be to a Change from a single day, single hauler system of collection in a neighborhood to an open, multi-day, multi-hauler system of collection. ,. Changes in the existing open collec:ion system in Chanhassen create impacts on the haulers. The extent of the i~pacts will depending on the types of c~a~ges :~a: may ccc~~. .~ill V.=;,.-. --:t c~llec:io~, whethe~ ope~ or c~;a~:=ec, will =es~:: - . ~:::::ec:. scheduling changes for the haulers. A competitive bidding process to contract with a single hauler for the entire City will result in the total loss of existing accoun:s for at least five, and =="...:.:'2 conceivably all s~x, of the exiSting licensed haulers. City of Cha~asse~ v- Re9=~==e St=ate~:es Organized collection may also by implemented while protecting the number of accounts serviced by existing haulers. A consortium of existing haulers can formally organize to negotiate levels of service, cost of service, distribution of accounts, collection zones and redistribution of accounts and zones as growth occurs in the community. Account billing may also rema~n a hauler responsibility. Any changes to the existing system will also result in impacts on residents, both negative and positive. Residents who have strong feelings about free enterprise, hauler choice, day preference, and certain service options are likely to complain 'about any changes in the current system. Others may not have strong service option preferences, but may complain about the adjustment from existing conditions and habits. , \ Many residents may welcome a change in the existing collection system and make adjustments without comment. Few residents are likely to compliment the City for implementing any changes. Regardless of the overall reaction of the public to system cha~~es, the City must anticipate that the predominant voiced opinion will be negative. / All communities that have recently organized collection ~ave indicated that complaints have accompanied the period of adjus~~e~t after service changes. Many ccmplai,"ts regard alleged ~naware::ess of sys~em changes or criti=is~ c: ~~e promotion efforts in advance of the ~ctification, ed~ca~i~~ c= change. These complaints appear evide~~ in spite of ~he CG~~~~~cies' efforcs to i~fo=~ ~~j prepare =eside~ts for change.. Communities that have recently organized collection have also indicated that administrative response to complaints and inquiries dramatically decreases within a few weeks or months of implemencing the change. Inquiries about service options and initial cc~plain~s ~=o~~ se~v:~e ~~li~e~~ ............ - '-'-'--- s'::.~_ =-= . . .. .. ~ =:=~=:e= ~~ ~~';_e~3. ) City of Chanhassen vi Resource Strategies intervention may be limited to repetitive or unresolved complaints ., or inquiries into overall system changes. Cities may also develop contract performance measures as a means to ensure comparable levels of service from haulers and remedies for contract inconsistencies. Ongoing administrative responsibilities vary according to the type of system implemented. Many communities have added solid waste collection billing to existing utility account billings. Many communities have required the haulers to maintain account billing. Some communities negotiate contracts or competitively bid for contracts every five years. Other communities negotiate or bid at more frequent intervals. Any decision in the existing system of open collection will be based upon perceived improvements resulting from Change. Organized collection can minimize service duplication, environmental impacts and street impacts, while maximizing cost effectiveness and efficiency of service delivery. The consortium system of organized collection will allow a continued opportunity for existing licensed haulers to provide service in the community and represents the least impact on haulers of the alternative methods of organized collection. / ~'\ The Chanhassen Organized Collection Study Committee recommends that the City Council consider the fOllowing actions: 1. Accept the City of Chanhassen Organized Collection Study. 2. Initiate licensing and/or ordinance provisions to limit the n~~er of solid waste colle=ti=n licenses issued to a ~axi~~~ of six, with a deClining limit based on turnover. 3. Adopt a Resolution of Intent to organize solid waste collection. 4. Proceed with ?hase II of the Organized Collection Study to discuss arra~;ements for organized collection with existing licensed haulers. . " City of Chanhassen vii Resource Strategies I. EXISTING CONDITIONS The City of Chanhassen has an open solid waste collection system, with six haulers currently licensed to provide residential mixed municipal solid waste (MSW) collection. Licensed haulers must also provide same day recycling collection to customers, as part of the City's licensing requirements. Resource Strategies Corporation (RSC) prepared a detailed survey questionnaire for completion by the haulers. Five of six haulers cooperated in the survey and provided information on customer accounts, service levels, service fees, recycling service, service equipment, employment, routes and other information. The survey includes summary information on service to 3,862 single family households, which is approximately 90 percent of the total number of single family households. The majority of households appear to utilize the "three can" or 90- 96 gallon level of weekly service. While this breakdown was not completed by all haulers, at least 50% of the total households use the 90-96 gallon level. This compares to 10% at the 60-65 gallon level, 7% at the "unlimited" level and 2% at the 30-32 gallon level. Collection serv~ces occur Monday through Friday, with a high of 1,110 households served on Wednesday and a low of 529 households on Friday. A total of 21 MSW collection vehicles are in service each week. A total of 17 recycling collection vehicles service the City each week. Figures 1-5 illustrate the daily routes, :".\X.ber of stops and number of collection vehicles for each day of the week. Based upon the routing information received, most residential neighborhoods may be subject to service from five M~.-l and five recycling vehicles each week. Cne portion in the mid section of -" '. City of C~a~asse~ 1 Resource Strategies ;' Figure 1 , / , I I I" - ~ . __';;"".,. I '---. I I '--, ~ .-.-.. .-- : =::.. ::3 :=3 ~ ---l I --, ----, ~ --! ---J I -., :=:j =---=1 --1 --J " . aTY OF " CHMHASSEN -...,. 4 5 ~.,.: C'~ ~OUT. ~-.-. -., .... -.- 6 .!_- ==- ----- --- >-- ; "j~. -:- ~ T 1 F7 I 1 I I I MONDAY COLLECTION ROUTES (618 stops) @. number of hauler.1I serving route " Vehicles in service: 3 MSW; 3 recycling City of Chanhassen :2 Resc~=ce S~ra~egieg Figure 2 , ---J :=\'- : I 1 , I I ITll r r I ----. ,____ I I '--- ~ .--.. .-. :=::... :3 4 ., arr OF ",-,' OiANiASSEN OAK ....,. 5 ~.,.: ~~ClOT. --.-. ....- -,- ~ o ....... ... - . ---- ----- --- T~. I - -:- i 3 1 7 , , , I I I , , " , I I I .. I' , I TUESDAY COLLECTION ROUTES (l006 stops) 0'"' number of baule~s serving route Vehicle~ in se=vice: 5 ~~"i , recycling / City of cnanhassen 3 Resource Strategies --: I I I .-, n rr 1 i I " I I I . OTY OF " a-w.tiASSEN a.uc ..... _or. OU'.......'J:SIDf~~ -- -. -. -.. -. _.- 1 I' , . ---- ----- --- T~ ' ':'" I I Figure 3 4 , ' 5 6 !!.!!!!! 1 7 J I I ! ' . I WEDNESDAY COLLECTION ROUTES (1110 stops) 0. nUJlber of hauler. ..rvinq route Vehicles in service: 6 M8W; 4 recycling City of Chanhassen .. 4 Resource Strategies Figure 4 , 4 ., CITY OF '.,' CHAH-lASSEN I.UI: ..., / 5 ~...; Ol.AJIot1oUSDf~DIJI'T. ....- -. -- -.- -- 6 ~ I' - !!!!!O! . -- --- ---- --- ! -;. , - -:- T 1 7 , I I I I I f , I II THURSDAY COLLECTION ROUTES (599 stops) o a nmlln.r of haulers serving route Vehicles in service: 3 XSW; 2 recycling ;' City of Channassen 5 Resource Strategies 11:; rill!! ., arY OF' , 0WIiASSEN ..... ..., ,..,....... ,,: 0U0."""1"!3EH ~ OO'T. --.-- --- -- 1 !'I - u_ . -- ---- --- --- To:'. .,. .,. I Figure 5 , \ 4 6 1 7 I I I I I I , ! ! I ! I ' ! ~DAY COLLECTION ROUTES (5~9 stops) ~. nuaber of hauler. .erving route Vehicle. in .ervice: 'XSW;' recycling City of ChanhA..en \ 6 Resource Strategies the City appears to be served by a maximum of four MSW and four recycling vehicles eachweek. Figure 6 illustrates a weekly routing summary for the City. '\ The predominant capacity of the MSW vehicles ~s 20 cubic yards (CY). There are also five routes which utilize six (6) CY capacity vehicles. Average weekly volume of MSW reportedly collected is approximately 285 CY. The gross capacity of the 21 MSW vehicles in use in Chanhassen each week is 350 CY. The number of residential stops per vehicle varies with the capacity of the vehicles. The range of stops per vehicle for the 20 CY vehicles is from 19 to 257. The average number of stops per 20 CY vehicle is l86 stops. .'. The average number of stops per cubic yard of vehicle capacity has also been figured for all vehicles. The range of stops per cubic yard of capacity is from 0.95 to 17.1 stops. The average number of stops per cubic yard of vehicle capacity is 11 stops. The wide range of stops per vehicle capacity illustrates a wide range of vehicle efficiency operating within the City. The vehicles may end up with additional stops, but they will include customers outside of Chanhassen. / The total number of weekly MSW vehicle miles driven in Cha~hassen is approximately 620 miles. This mileage has been adjusted to eliminate shop and landfill trips. 70tal mileage of r::ads ' ~ Chanhassen is approximately 128 miles. This includes 96 miles ::: local streets, 14 miles of county roads and 18 miles of state highways. These numbers illustrate an cbvious duplicatior. c: road usage for MSW collection service, The d~p:ication is likelv to be a factor of four. The capacities and number of stops per recycling vehicle are di:ferent from MSW vehicles. A particular route served by two MSW vehicles may be served by a single recycling vehicle. The nurr~er City of Chanhassen i Resource Strategies j Figure 6 r , --' : I :; i i II ! i I II - ! 1" - ..- 7===~ j I '--. '--, : =.::- '" ----f ::=:::.. :3 ~ ~ ~ ~~~~ 4 . O'TY OF .. CHAHiASSEN IA..,...,. '. 5 1'IIID'lYCD...: e~~OI7f': ~-.-. -.. ,.., -.- 6 . ---- ---- --- L- t= I 7 1 '--- I I I , , ~ j , , I I ! I j ~. , - ":'" I - NUMBER OF HAULERS SERVING ROUTES/NEIGHBORHOODS EACH ,,~ City c~ Cha~aBBe: , , a ReBc~=ce S:ra:egies of households served and the total road miles traveled by the recycling fleet, however, ~s comparable to that of the MSW fleet. / Each of the haulers participating in the survey provide carts for customer usage. All five haulers utilize 90-96 gallon containers and three of the haulers utilize 60-65 gallon containers. Nearly half of the residents in Chanhassen utilize a hauler provided container. The haulers employ 27 persons on the MSW vehicle routes ~n Chanhassen. With 21 vehicles l.n use, this suggests employees doubling up on s~x routes. The haulers also identified 22 employees, servicing 17 recycling routes. A detailed s~~ary of the hauler survey is attached as Appendix A. City of C~a~assen 9 Resc~~=e S~=a~egies II. ALTERNATIVE COLLECTION METHODS In the simplest sense, there are two general categories for solid waste collection: open and organized. Within each category, there are several subcategories of alternative collection methods. There are also a variety of "hybrid systems, " which combine elements from different methods. The fOllowing alternative collection categories are presented for evaluation: A. Open 1. Local licenSing 2. County licensing 3. Licensing with zones/routes B. Organized 1. Municipal 2. Single hauler contract 3. Consortium contract 4. Multiple hauler contract A. OPEN COLLECTION There is no statutory definition of open or unorganized collection; however, Minnesota Statutes (l15A.94) define organized collection as "a system for cOllecting solid waste in which a specified collector, or member of an organization of collectors, ~s authorized to collect from a defined geographic service area or areas some or all of the solid waste that is released by generators for collection." Therefore, a collection system in which specified collectors, or haulers, are ~ authorized or assigned to collect within a specific geographic area is an open system. The survey results indicate that over 75% of the communities in the metro area have open collection systa~s. 1. Local LiceDsiDg Cities and towns are authorized by statute to issue licenses to haulers for the collection of solid waste. COr.'munities with a City of Cha~assen 10 ~ Regou~ce St=a~egies / population in excess of 1000 are required to ensure that solid waste collection is available to all residents and businesses. Communities are allowed considerable discretion in establishing license requirements, provided the requirements are not inconsistent with the county's solid waste policies. Local license requirements must also include provisions requiring haulers to charge customers on a volume or weight based scale. Most communities, with licensing requirements, tend to "register" rather than "regulate" haulers. Typical or basic licensing requirements include: - Administrative/license fee - Annual term - Vehicle identification - Variable rate structure - Recycling provisions - Hours/days of operation - Reporting requirements - Insurance/bonding Aside from meeting minimum licensing requirements, there are " generally no other restrictions affecting a free enterprise type of J system. Communities may restrict the number of licenses it chooses to issue, which could limit the number of haulers serving the community. Communities may also establish zones and days of the week for open collection, which is discussed below. 2. County Licensing As of January 1, 1993, counties ~us~ all communities which do not :--.ave ass~~e licensing of haulers in licensing requirements. The extent of county licensing in lieu of local licensing is not known at this :ime. Presumably, cou~:y licensing would consist of tasic requi~emencs, si~ilar to city l~=e~si~g, a~d other elements ~~~cn may complement and implement c:::t.:nty solid ',..,aste policies. ;:.. locally unregulated system of collection would remain open under this licensing alternative. City of Cha~assen . , , Rescu=ce S~~a~e;~es J 3. Licensing with zones/routes Licensing requirements may also limit collection activities in a community to certain zones or routes on a particular day of the week. Depending on the number of households and number of licensed haulers, communities may designate collection to one or more days a week in one or more zones within the community. For example, a community may limit collection for the eastern half of the community to Tuesdays and for the western half to Thursdays. Collection service would remain open and be provided by all of the haulers licensed by the community. Approximately 15 communities have an open, zoned collection system. / '\ / B. ORGANIZED COLLECTION As noted above, organized collection implies that a .specified. hauler, or member of an organization of haulers, is authorized to collect solid waste in a defined zone or route in a community. The specified hauler may be a public or private entity. The zone may be a portion of the community or the entire community. Billing procedures may be administered by either the community or the specified hauler. Less than 25 percent of the communities in the metro area have organized collection. " 1. Municipal collection Municipal collection involves the use of public employees and city- owned/ leased equipment to collect solid waste. The service ~s similar to ~tility, street, park and public safety provisions by municipalities. Collection service may be included in the general tax levy or billed as a utility or separate service. Municipal collection is not that prevalent in Minnesota; however, the E?A estimated that 40% of household waste nationally was collected by municipalities in 1988. Municipal collection is provided by Minneapolis (50% of househo1ds1, Farmington and Hopkins. 2. Single hauler contract This method involves a contract with one hauler for collection City of Chanhassen 12 Resou=ce St=ategies \ service in the entire community -- one hauler, one zone. Minnesota statutes allow communities to negotiate a contract for service or go through a competitive bid process. The community also establishes the length of the contract term. The single hauler contract is the most common method of organized collection in the region. Eighty per cent of the communities with organized collection contract with a single hauler. 3. Consortium contract An alternative to the single contract with a single hauler is a single contract with a consortium of haulers. A community ~s divided into a number of zones equal to the number of haulers ~n the consortium. The number of households or accounts in a zone may be representative of the number of accounts held by the hauler prior to organization. The community negotiates the level of service, term of contract and fees for collection with the consortium. Adjustments are made to the zones periodically to equalize the addition of new households that may be developed ~n the community. Four communities have consortiums. / 4. Multiple contracts An alternative to the consortium contract is individual contracts with each hauler, or multiple co~tracts for one level of serv~ce ~n the community. Zones are established, similar to the consorti~~ contract, as well as the days of collection. The community ~ust establish a common level of service, term and fee structure, ~~ which it contracts with each hauler. Adjustments may be ~a=e ~o the zones, similar to the consortium contract, to equalize ne'..,. growth. At least two communities utilize multiple contracts. Since 1985 at least 25 cities ~n the metropolitan area have evaluated organizing solid waste collection. Ten of the communities chose to organize collection. Ten comrnunities remained open but zoned the community :or collection. Five comrnunities ~ade no substantive changes. Of the 10 cities that chose to organize, City of Chanhassen 1-3 Resource Strategies " j III. ENVIRONMENTAL FACTORS A review of environmental ~ssues that surround solid waste collection is an integral element in the evaluation of alternative collection methods. A number of factors are summarized in this section, including: A. Aesthetics/Litter B. Air Quality C. Energy Consumption D. Noise E. Traffic/Safety \ A. AESTHETICS/LITTER The issue of aesthetics is difficult to quantify. What bothers one person may be unnoticed by another. What is appealing to one person may be appalling to another. The aesthetic factor of solid waste collection includes the visual impacts of MSW and recycling containers set out for collection, the passage of collection vehicles in the neighborhood, and the litter potentially associated with collection. The sight and smell of diesel engine emissions may also be considered by some to be an aesthetic issue. As discussed in Section I, up to five MSW and five vehicles serve most neighborhoodS each week. Collection on each weekday in some neighborhoods. M~w and containers may be visible on a particular street every recycling may occur recycling weekday. In some instances materials may be as discreetly stored as possible in well maintained containers. In other instances materials ~ay be piled in boxes, plastic bags, metal drums or simply heaped at curbside. When collection occurs every week day, visual intrusions, odors and the potential for litter occur each weekday. Under alternative methods of collection, this impact can be limited to one day per week. City of Chanhassen 15 Resource Strategies / B. AIR QUALITY All combustion vehicles emit pollutants into the air. The State of Minnesota has implemented a vehicle emission testing program, which is primarily geared at monitoring (and reducing) carbon monoxide emissions. Portions of the Twin Cities do not meet federal ambient air quality standards for levels of carbon monoxide. r~ / Solid waste collection vehicles are almost exclusively diesel powered vehicles. Diesel fuel undergoes combustion with much lower levels of carbon monoxide than gasoline. Other diesel emissions include hydrocarbons, nitrogen oxides and particulates. Carbon monoxide emissions data is available from models prepared by the Minnesota Department of Transportation (MnDOT1. The level of emissions varies with the type of vehicle, type of fuel, speed and atmospheric conditions. Under comparable conditions, at 15 miles per hour, an auto will emit 36.53 grams of carbon monoxide per vehicle mile, compared to 16.90 gra.llS of carbon monoxide per vehicle mile of a heavy duty diesel vehicle (HDDV - over 8,500 lbs.1. At 40 miles per hour, the auto emits 12.18 grams compared to 6.55 grams for the HDDV. Total vehicle miles for MSW and reco.lcling vehicles per week in Chanhassen is approximately 1,240 miles (620 x 21. This is roughly 250 vehicle miles per day. By contrast, total residential oriented automobile usage may generate 45,00: ':ehicle miles per day (4,500 housing units @ 10 trips/day @ 1 mile/trip1. Reducing the number of collection vehicles in service '",ill have little bearing on ambient ai= quality, =elative to :c:a: sa~=cn m04ox~de emissions. .~lter::.ative collection methods ca:-. :::-e:::uce total :::::::'l e:;ass:.o::.s. however, compared to current emission levels. C. ENERGY CONSUMPTION The size and age of collection vehicles produce a range of vehicle fuel efficiency. Dealers indicate ne~ :::iesel solid waste vehicles City of Cha~assen 16 . Resource Strategies are capable of averaging 10 miles per gallon. Haulers have indicated a range of 4 to 7 miles per gallon. Using 6 as an average vehicle mile per gallon and 250 miles per day, the current collection system requires approximately 42 gallons of fuel per day or 10,920 gallons of fuel. The vehicle mile duplication factor presented ~n Section I indicated vehicles in the current collection system are traveling four times the necessary mileage to provide coverage to the entire City. Alternative methods of collection would be capable of reducing fuel consumption rather substantially, perhaps by as much as 8,000 gallons per year. D. NOISE Noise is a form of pollution which generally requires relatively continuous exposure, rather than cumulative periodic exposure, to create health risks. Even periodic exposure to noise may cause stress in some individuals. Noise pollution may appear to be less significant to some than air pollution or water pollution; yet, it is measurable and less subjective than visual pollution. \ Noise affects people differently, because hearing varies from one person to the next. Noise is measured ~n decibels on a scale of 0 to 140. Figure 7 is an illustration of common sounds and their noise levels. Continuous exposure to sound in excess 0: 70 decibels is the threshold for hearing d~~ge. The presence of solid waste vehicles represents periodic exposure to noise. The exposure at any given household on a~y partic~lar day is not a significant ~hreat. Sol~d ~aste collection employees may be exposed to a health risk, like many other occupations. Noise from collection vehicles may be considered a nuisance. Any reduction in the number of vehicles may represent a reduction of the nuisance. City of Chanhassen . 17 Resource Strategies / Figure 7 Sound Leve's and Human Response Hol.. Leve' Common Sound. (dB) Effect " C.atTIer 44Ick jet Operation Air raid ~,.., 130 140 Jet lakeoft (200 ,..t) Thunderclap Oiscolhequ. AulD fIotn 13 Ioel) Pile dri~ 120 110 Gart>og. truck 100 Huvy truck (~ '_I Cilytraflic 90 AIMrn clock (2 rMt) Hair dryer Noisy restaurant F....., tratnc Man"a voice (3 foetI Ai, conditioning unit (201_1 Light autO traffic 11001_1 living room Bedroom Ouiet office 50 ~y.~. ~~"".""&jJ -_.':r~ '~"j.'W"~ - ._".":~ ~~:~~:-"'_::'-':.:.tfo~:f"~ 40 ... . -:~ Lib..,., Soli wIIisper (15 '"') 30 Very QUIet: Sroadc:astlng studio 20 10 Just audib~ o ~ng beQ.ru This decibel (dB) lable compares some common sounds and shows how they rank in po'entlal I\atm 10 _nng, Nol. ltIal 70 de is lI'le poinl ., wtlich no;se be<;j1ns 10 /\arm .....,;ng. To !he ..r, eacn 10 dB increase seems hr.:. IS loud. Reprinte~ from -Noise an~ Its Measurement,. U.S. EPA. City of Chanhassen 18 - Resource Strategies "\ E. TRAFFIC/SAFETY , There have been no traffic accidents reported involving solid waste collection vehicles in Chanhassen in recent years. Accident risk escalates with the ~ncrease of traffic trips on local roadways. Concern for public safety also includes the occasional backing up of solid waste vehicles on local streets. Alternative methods of collection will reduce trip incidence and total vehicle miles on residential streets and may enhance public safety in neighborhoods. City of Chanhassen r9 Resource Strategies I IV. STREET IMPACTS A lot of discussion has been held on the impacts of overweight vehicles on roadways. This is of particular concern to the City of Chanhassen, due to the nature of the clay soils, generally present in the community. The soil conditions require stricter road construction design requirements, which result in higher initial construction costs and higher maintenance costs. The MnDOT Road Design Manual establishes criteria and factors for comparing relative impacts to roadways by various vehicle types. The .Sigma N-18 value" can be utilized to determine cumulative damage effects of vehicles during the design life of pavement. Vehicles are classified in a scale of one to ten. Automobiles are Type 1, trucks with trailers and buses are Type 10, typical MSW vehicles are Type 5 and typical recycling vehicles are Type 4. The N18 factors indicate that a single Type 5 vehicle (MSW vehicle) has. the relative cumulative effect on pavement as 1,125 automobiles. Recycling vehicles have the same damage effect as 525 automobiles. Other comparisons include large pickups (17.5 autos) , buses (850 autos1 and 5-axle semi-tractor trailers (1,475 autos1. These factors are based upon an assumed distribution of the var~ous vehicle types on local, rural and county state aid roadways: autos (75.7%1, pickups and other vehicles under 1 ton (16.0%1, MS~ ar.d other single unit vehicles (1.7%), reCYCling and other single unit vehicles (2.6%1, and trucks wit~ trailers and buses (1.0%1. T~e conbir.ed impact of an MSW ve~icle and a recycling ver.~C~e cr. a local road ~s eq~ivale~t to 1,650 a~~8nob:les. Res~=e~~:al ~se == a typical cuI de sac may generate 100-200 average daily traffi= (ADT1. Weekly traffic equates to 700-1,400 vehicle trips. .; single hauler serving the cuI de sac exceeds the weekly residential usage with an equivalent of City of Chanhassen 20. Resource Strategies 1,650 automobile trips. Five haulers serving the cui de sac in one , week create the impact of 8,250 automobiles. A minor residential through street may generate 600-1,000 ADT, or 4,200-7,000 trips per week. A single hauler generates the equivalent of 1,650 trips with weekly service. Five haulers create the impact of 8,250 trips in one week. A local residential collector street may generate 1,000-3,000 ADT, or 7,000-21,000 weekly trips. A single hauler generates the equivalent of 1,650 trips per week; whereas, five haulers generate 8,250 trips. A City collector street (MSA 9 ton roadway 1 may generate 3,000-10,000 AnT, or 21,000-70,000 trips per week. The pattern is clear. With exception of the MSA streets, solid waste collection vehicles currently serving the City create a significant portion of the relative impact of vehicles on local streets. The lower the AnT of a particular street, the higher the potential impact by solid waste collection vehicles. \ / There are 128 miles of roadway in the City of Chanhassen. Of these, 96 miles are under City jurisdiction. The majority of City streets are designed as 7 ton roadways. Twenty percent, or 19 miles, are municipal state aid (MSA1 roadways, which are a 9 ton design. A few miles of older streets are categorized as :J ton roadways. During spring weight restriction (generally a 10 week period1, 9 ten roads are posted 7 ton, 7 ~cn roads are posted 5 ton and ~~e - t.en ::-oads a:.-e posted 4 ton ~ ~\-~ -...1.- tonr:.ages relate to tr:e g=055 weight (loaded weight1 of a vehicle. distributed on each axle. Fer example, a 40,000 lb. gross weight (GW) triple axle vehicle has a distributed weight of 6.7 tons per axle (40,000/2,000 = 20 tons/3 = 6. 7 tons). City of Chanhassen 21. Resource Strategies / The larger solid waste collection vehicles used in Chanhassen range from 39,000 GW to 44,000 GW. A triple axle 44,000 GW vehicle would have a weight of 7.33 tons per axle; whereas, a double axle 39,000 GW vehicle would have a weight of 9.75 tons per axle. Neither vehicle can meet reduced weight restrictions and the latter exceeds weight limits on all City streets throughout the entire year. / , The number of exceptions to weight limits has direct bearing on the potential for damage to pavement. An increase in the frequency of overweight vehicles increases the risk of damage. Alternative collection methods can reduce the number and frequency of vehicles exceeding weight limits and reduce the cumulative damage effect on local roadways. , City of Chanhassen 22 . Resource Strateg~es " V. COST COMPARISONS RSC completed surveys of metro area communities with organized collection and a comparable number of communities with open collection. The cost data for organized collection was generated through phone interviews with city representatives. The cost data for open collection was generated through written surveys, phone interviews with city representatives and phone interviews with haulers. The data has been adjusted to exclude sales tax and include any other charges or credits identified. The range of costs for levels of service in open communities have been averaged for comparative purposes. In instances where a range of the haulers' costs was provided, rather than all of the individual haulers' costs, a mid- point in the range has been utilized and noted. / . In spite of efforts to adjust and clarify the data for comparative purposes, this cost data can not be considered error free. While the data sources may all be legitimate, the detail and/or level of confidence of data received may vary. Solid waste pricing is very complex and constantly changir.g. , , Cost data has been organized to compare costs of open collectio~ by municipality and county (Table 11, costs of organized collectio~ by municipali~y and county (Table 2) and to compare costs of open and organized collection by county (Table 3). Collection costs in the City of C!':a:lhassen compare fairly ev~:-.ly wi~~ t~e ave~age costs cf c~e~ co:lec~ion ~n Ca=ve~ Ccu~~y. ~~e 30/32 gallon rate in the City is slightly lower; the 60/65 gallon rate is slightly higher; the 90/96 gallon rate is slightly lower and the unlimited service level is slightly higher. The City's rates are higher than the average organized ra~es in the county a: City of Chanhassen 2'3 Resource Strate~ie9 " / TABLE 1 / \ IdONI'llLY cmIS/!llX5EBDUl - ImRO AREA crms wrm OPEN cnwrnoN 30/.32 110/115 90/911 ijnJimjl2d CA1MJl alUN'IY 1m. , llaulm GJkm a!km a!!lg Yr<!!IlM ear- 7" 2 Sl3.25 Sa.25 Sl5,75 CIIANIIAmf 11.700 II S13,18 S15,OO S111.25 S17.28 Chasb 11. BOO 7 Sl3.10 SlU3 SlII.23 SlII.33 ~ 5113 4 S13.13 SI 4.25 Sl5,II3 V'dnria 2. BOO II S13.82 SlS.27 SlS.47 St9.80 lIacccia 3,49B 3 nm 11m I11.u St7,80 CDunly A-. Sl3.24 Sl4.s9 St5,89 AIlon alUN'IY Sl7.50 ~1.15 ~0.50 IleUd 416 4 lmnR:apids 52. U9 9 St '-70 St 7.57 Sl8.50 SI 9.25 !'.art IIellld B.050 8 Sl7.50 St9.43 St9,II8 FrKlIey 29.000 7 St '-70 SlII,81 St7.50 ~O,88 Rumey 12. 408 8 StU5 St 7.33 ~ !ab I'Irt . 11,509 8 ~ l1W. ~ S20.o7 CDunly A-. St5.73 Sl7.44 St 8.42 OAJ:DTA alUN'IY Apple Valley 34,275 8 Sl4.o5 Sl5.85 S18.58 $18.93 ~. 51.288 7 Sl3.78 Sl5.45 Sl8.38 !ab.we 28. 408 8 St 3.79 St 5.83 StB,oo SI 9.93 Wert Sl Paul . 8.822 8 ~ IWl m.u tI 9,43 CDunly A-. Sl3.81 Sl5.35 t17.52 IIE'iNmN CJ(JNtY !'.dim 46,070 4 St 8,65 ~128 123,75 ~5.34 / \ &Ie:lica 3. 098 3 t16.o0 t17.87 ~2.ll4 Micnet.ocb . 48.500 11 St6.50 ~O.OO ~4.50 t25.25 Plymouth · 50. 889 9 S15,oo St8,OO S20.oo ~4,OO :hre1llDl · 5,917 13 St 6.25 tI 0.00 ~ ~2. 75 CDunly A-. Sl6.68 St9.23 R2.81 ~4.00 lWtSE'Y alUN'IY FaIax1 IWchls . 5328 7 S13,50 St5,90 S17,53 ~1.50 New Ilriiblm . 22125 11 S13,75 St 7,00 ~O.oO Rale>ille . 33,485 U Sl3.38 St 5,93 t18,43 Sl Paul . 272. 235 28 St 3.00 l!lli tllli. ~ CDunly A\l!nII! St3.41 S16,u Sl8.53 ~0.79 :rnrr CIlUNTY lieU. l'Iaine 3.187 2 $1 2. 73 SU,73 $17,73 t! 1.95 J adc!I:Il r.p. 1.359 4 S13.30 S15,S6 S18,05 S18,95 l.oois'riDe r.p. 910 3 S13,30 S15,68 S18,05 S18,95 Prior !ab 11. 482 II S12.23 S14.38 St 7.20 S19,OO Sa.. 9, 906 7 nw. t!..U.l SlLM ~ Coonly A-. St 2.83 S15.02 S17.62 tI 9,70 11 A.9!INGl1:N CIll'NTl' CDlla&e ~ . 22. 935 3 S13,75 SH,98 S18,09 Uk!! EJmo . 5,903 5 S12.78 1I11.00 1I7.1I Newport . 3.720 4 S12.75 S14.83 S111.50 0aIalaIe 18.374 8 St 2..3 4 t14.n S111.69 ~1.08 Wcalbuzy . 20,075 11 mA tlUl tl.!a Coonly "-. Sl2.n Sl5.05 Sl7.19 ~1.08 Rats do eel irduje lax Rats odi-Etal Ca- other cbartes <r cn:dl.& - = eel c6nIl ill tlliI aty <r ~tb1 eel ...;we. " '=",ls~~:L~ City of Chanhassen 2-4 Resource Strategies TABLE ~ IdON'\1lLY CDSlS/HDUSEHOID - MEmO AREA CITIES wrrn: ORGANIZED mwrnoN 30!J2 GO /G5 00/90 Unlimit.d C.&.RVEIl CDUNTI ~ Im IIz ~ a!!!!l! a!!lm ~ ll!!!!!l& l!amburz 495 1970 siop, $Il.33 cily Ma~ 471 1970 sin&Ie tI 0,2.'1 cily Ne... Germany 352 1970 sin&Ie tll.OO t14,50 tIB,oo cily 'fa~'IIll 2.306 1961 siop, tll.DO t14,50 tIB,oo hauler Younc America 1,347 1 aap: tll11 ~ ~ tl025 cily Coonly A>en&!' tll25 tlU7 tl5,06 CIlJJ/1U.<mi (Opec) II. 700 t13.18 t15.00 tl825 tl728 IIA ANOn lDUNTY' tl 8,50 BIaiDe 40,000 aI.,. sic&Ie tlO,50 cily Cen~ 1,8111 11170 sin&le tlI,II2 tIB,I2 tzl.30 cily On:le Pies ',700 1950 sin&le tl 0.83 tlUO tl8.50 city Columbia 1Ici&b'- 18,1110 11176 sin&le tl3,911 tl8.08 cily Ham lakz 11,000 111111 CXlClIlrtium tl..L11. ~ tI 8.52 cily Counly A>en&!' tl1.B8 tl5.62 St8.50 OAIDTA CDUN1Y tl8.33 Farmin&tm 8,500 19'5 mUDicipa1 c:ily ~ 15, 000 11155 sin&Ie S1m nun. ~ haule!' Coonly A>en&!' St3,70 St 7,70 tl 8.52 HrnNmN CDUN1Y Ileepha10fl 3,857 11150 aap: tl725 S2225 t27 .00 cily E=Isilr 2. 387 1950 sin&le M.90 StIl.62 cily IIopIdm 11,300 aI.,. mUDicipa1 tIB.o, cily Milw2polis 388, 188 1970 mimi St4,OO cily Qlamplin 111,000 1988 CXlIllIrlh:m St 7.56 tzO,38 cily Mllcl 8esd1 590 11173 sin&Ie tzl.55 cily Ossm 2. 691 ? siDDe StO,7' cily , P.cbbinslale U,500 1966 siop, t14,75 oly I &. !ixli!acius 1,160 11170 sin&Ie St3.7' St6.74 tl9,7' haule!' ./ &. Ioois Pan: '3.000 1950 sin&Ie St7.31 cily 1'lrJcl Bay 1,500 1985 siDDe tl5,59 cily 'fayzab 3,781 11170 sin&le SlMR. Sllll ~ tllI.53 city Coonly A~ tl5.1l St7.39 tzO.37 RA.\fiEY CDUN1Y lilUc C:m:>d:1 6, 046 1066? multiple tl2,57 tl5,33 tl5,75 S10.52 b:lukr North &. 1'.u1 12. 332 11165 multiple $9.5, tlI.34 tl3.15 baule!' Vadnais Heigh13 10, 950 19111 ClXlS<rtium tl2.30 tl5.65 tl8,10 hauler 1Ibi~ Bear Iak!o 24. 500 1975 sin&Ie tl 0,50 tlI.1I2 tlU3 oly 1lhi~ Bear Twnsbp 10,300 1970 sin&!e l1ilQ. ~ hauler Coonly A~ tlI.O' tl3,56 tl5,36 tzO,OI s:orr CDUN1Y JmJao 3,000 1976 siD&le S5,65 S5,35 $Il,85 cily Ne"'~ 243 1969 single M.oO tl2,OO tl ',00 city Ne... f'ncue 3. 600 1970 si.q\e S5.50 t7.50 Sa.50 cily Sha1Dpee 12,500 1976 ~ l1ll1. tuM cily IAcnly A~ Sa.80 tI 0.'2 t1 0.76 'fASHJN{;;l)N CDUN1Y Baypcrt 3,200 1967 sir.&le 1Il.61 tll.40 tl',15 city Iiral'tlaxl ViJIaF 1,0'2 111601 siIl&le tI 3,00 t14.30 tI8.30 t23.o0 c:ily Fm:st. LUz~ 13,000 l11B9 sin&Ie tlB.50 tzo.50 haule!' llariIle/&. Cni.1: 602 11175 sir.&le St6,33 cily M Pan: ~'- 3. .B5 1962 ~ tl6,OO tzO.DO city SID1ralt:r U,59B 1970 sin&le tl3.115 t17,95 tI9,95 cily 1!'lIlemie 567 196B sin&Ie ruz. t12.67 lli.& cily Coonly A~ tlO.96 t15,U t17.57 t1I1,67 . P.:rl.!ll cD rd irdlr>! tn P.:oL!s,c~ t:r :J...',er ~ cr cr.rilL '\ - = ocC. ~ in U:iI oily :r ~ ocC. .1OilallIe ) City of Chanhassen ~5 Resource Strategies TABLE 3 F '\ COUNlY CDIDrrION rosrs COMP ARB>NS Open rate as base VIllue; cmt. of ~ni7.M as sa~ or increase. Open/ 30/32 60/65 90/96 Unlimited rnUN1Y Onr:lni7P<i ~ lI:llJr.:1s lI:lnnos mlume Anoka Open $15.73 $17.64 $18.62 ~0.07 Org;mi7.M l!LM $t 5.62 $16.50 · $t 8,62 (*'.05) -267- ($2.02) -117- ($J.12) -17- ($1.45 ) -77- ~ Open $13.24 $14.59 $15.89 $17.80 Org;mi7~ $11.25 Rill. $t 5.08 $10.25 · ($1.99) -157- ($J.(2) -37- ($J.81) -5?- ($1.55) -(2% Dakota $1 3.61 $1 5.35 $1 7.52 tJ. 9.43 $13.70 · Jt 7.70 · $1 8.52 iJ.09 17- $2.35 157- $1.00 6?- Hennepin Open $1 6.66 $19.23 $22.81 $24.00 F '\ Org~m i7P<i t!.lli $17.39 J20.37 $19,53 , / ($1.57) -97- ($1.8() -107- ($2.44) -117- (*'.(7) -19% Ramsey Open $13.(1 $16.14 $18.53 ~0.79 Org~mi7.M SUM. $1 3.56 $1 5.36 E!U!!. ($1.(7) -11% ($2.58) -167- (tJ.17) -177- ($:1.78) -4% S:nt Open $1 2.83 $15,02 $17.62 $19.70 Org;mi7~ ~ tJ. 0,42 $10,76 (13.9() -31% ($4.60) -31% (~.8() -39% lfashingtm Open $12.77 $1 5,05 $17.19 ~1.08 . Org~mi7P<i $1 0.98 $t 5,1,( $17.57 $I 9,67 ($1.79) -14% $).09 1% $138 2% ($1.41) -7% ~A~ Open $14.0 .( $16.15 $18.31 ~0.(1 Org;mi7P<i SUM. tt '(,86 tt 6.60 $1 7.62 (~.10) -15% ($1.29) -87- ($1.71) -97- ($2.79) -147- - = DO v.lh8 in thB Nlf ""r1 · = ooe ~ in tbB ~f~ . F~ , City of C~a~aBBen ~6 Resource Strate~ieB \ , I all serv~ce levels: 30/32 gallons (l7%l, 60/65 gallons (6%1,90/96 gallons (8%1. The unlimited rate is not comparable. A single rate structure in the City of Mayer ~s the only unlimited rate for organized collection in the county. Comparisons of Chanhassen rates to other metro community rates are not meaningful, due to varying county solid waste management policies and access to solid waste management facilities. Comparisons of open and organized collection systems within each county can be made. The county averages and regional averages are illustrated in Table 3. Regionally, organized collection rates represent a savings from 8% to 15% in the various service levels. Five of the seven counties show savings in all service levels of organized collection, ranging from 1% to 42%. Washington County has savings in two of the four service levels. Organized collection in Dakota County costs more than open collection in three out of four service levels (unlimited service is not comparable1. , / City of Chanhassen 27 Resource Strategies ., ) VI. RESIDENT SURVEY Members of the Recycling Cormnittee, City Council and Planning Department conducted a residential phone survey during the first two weeks in July, 1993. A total of 81 questionnaires were recorded. SixtY-four percent of the respondents were between ages 25-45, 19% between ages 45-65 and 10% over age 65. The detailed summary of survey responses is attached as Appendix B. '\ ;' 'Residents were asked what factors were important ~n selecting collection service (the ranking was limited to very important, neutral, not at all important). The highest response was related to cost: 81% felt cost was very important, while 0% felt it was unimportant. Conversely, only 10% felt the day of the week collection Occurs was important, while 8l% felt it was unimportant. The varying levels of volume serv~ce were important to 64%; however, 66% felt special services, such as garage door pickup, were unimportant. Finally, 30% of the respondents felt the particular hauler providing service was important. / " Nearly 40% of the residents indicated they utilize the "two can. or 60-65 gallon level of service, followed by 22% at 90-96 gallon, 20% unlimited and 15% at one can per week. This contrasts with the hauler survey, which indicated at least 50% of the households utilize the 90-96 gallon level, fol:owed ty 60-65 gallon, unlimited and one can per week. Nearly three-fourths of the respondents said they had never changed haulers (unless related to movir.; :~ an~:~er residence). Of those t~a: had changed ha"..llers, 41% =id so ::e(:c.use of price. Three- for waste set out in excess of their particular volume. fourths of the respondents indica:e~ :heir hauler did not bill tr.e~ Residents were asked what level of concern they may have about City of Chanhassen 28 Resource Strategies r \ different aspects of the existing solid waste collection system (very concerned, neutral, not at all concerned1. By a two to one I margin, residents were not concerned about the number of collection vehicles, number of garbage cans on the street, vehicle emissions or noise. Forty-seven percent were unconcerned about litter, compared to 37% concerned. Forty-eight percent were unconcerned about impacts to streets, compared to 30% concerned. Finally, 48% expressed concern about safety compared to 40% unconcerned. Residents were also asked to indicate their level of concern about other oversized vehicles in their neighborhoods. Residents were overwhelmingly unconcerned about other vehicles. Nine out of ten were unconcerned about postal/delivery vehicles and school buses. Three- fourths of the residents were unconcerned about lu.-nber, maintenance or utility vehicles. Two-thirds were unconcerned about sand and gravel or other construction vehicles. Pollsters described four alternative solid waste collection systems to residents and asked their level of interest in each option. Below is the detailed breakdown of the options and responses: VERY INTERESTED NEUTRAL NOT INTERESTED A. B. C. D. CONSORTIUM OPEN/ZONED SYSTEM ONE HAULER FOR CITY CURRENT OPEN SYSTEM 34% 40% 15% 43% 30% 31% 25% 37% 37% 30% 60% 20% The most definitive response is opposition to and lack of inte=est in organized collection with a single hauler. Only 15% were i~ favor of the systa~, while 60% were not interested. The highest expressed interest i~ any collection system was :or the current open system (43%1. This system drew the least opposition, but also had the most neutral responses. Interest in an open system with zoned collection routes was close behind interest ,- City of Chanhassen 2.9 Resource Strategies " / the existing system at 40%. '\ Interest in a consortium system of collection is less well-defined. Roughly a third of the respondents were interested, uninterested or neutral about this alternative collection method. The ranking preference of the four collection systems by the respondents was also identified: CONSORTIUM 22% OPEN/ZONED SYSTEM 25% ONE HAULER FOR CITY 7% CURRENT OPEN SYSTEMS 27% NO OPINION 19% Respondents were asked to define the reasons for their preference. The majority of respondents favoring a consortium felt the system would mitigate some of the environmental impacts of the current collection system. Some indicated it may address traffic issues and contain costs. Others indicated it addressed impacts, while keeping current haulers in the collection system. The most common response by those favoring an open system with zoned collection routes was that it would reduce impacts and retain choice of haulers. Additional rationale included impact reduction alone, traffic reduction/price control and less gover~~ent interference. Cost of service was the primar-j" reason for those pre:erri::g organi=ed collection with a single hau~er. pr~ce was also noted. Better recycling a::= The majority of those favoring :::e ::::pen system of collecti::::n, simply noted there were no problems ......ith Other respondents identified choice as preferring the current open system. competition were other reasons to retain collection. the existing syste::1. their rationale for Free enterprise and the open system 0: City of Chanhassen 30 Resou=ce St=ategies , Finally, residents were asked how supportive they were for organized collection, it they understood they may lose their right / to choose haulers and/or day of the week for collection. Nearly half of the respondents were neutral or expressed no opinion. Twenty-five percent were very supportive of organized collection. Twenty-seven percent were not at all supportive. Residents were also asked to offer any other comments or recommendations they may have regarding the solid waste system ~n Chanhassen. Detailed responses are included in the survey summary. The most notable commentary (19 responses) regarded recycling opportunities. Ten additional comments regarded large item collection and clean-up opportunities. Ten residents noted that organized collection was acceptable if recycling, service and price were guaranteed. Eight residents commented that the City should stay out of the solid waste collection issue and avoid exposure to increased administrative expense. Four other resident surveys were encountered during research for the Chanhassen organized collection study. The City of Lakeville conducted a general attitude survey, completed by Decision Resources, Ltd. (DRI1, in May, 1993. Two questions related to organized collection. Regarding alternative collec~ion methods, 66% of Lakeville residents preferred the existi~g open col:ectic~ system, 20% favored a consortium, 7% preferred a single hauler and 8% ~icn'~ ~~ow or didn't respond. Residents were also asked what savings per month would it take to allcw t~e City to select their ha~ler. Ten per cent would allow cha~ge === ~oth~~g. ~leve~ ~e= ce~t ~c~~~~'~ change for any a!110unt. It took a $10. OO/month savings before a majority of residents would relinquish their choice of hauler. Nearly 20% did not know or res~ond. DR! conducted a:-,other survey for the Hennepin Recycling Group City of Chanhassen n Resource Strategies 'I / (cities of Crystal, New Hope and Brooklyn Center1 in October, 1992. This survey included the same questions as the Lakeville survey. Residents preferred the existing open system (67%) over a consortium (12%1 or a single hauler system (10%1. Another 1l% did not care, did not know or did not respond. Regarding monthly savings, 10% would relinquish choice for no savings, while 15% would not change for any savings. Like Lakeville, a S10.00/month savings was necessary before a majority of residents were willing to give up choice of haulers. Another 21% did not know. , DRI did a 'quality of life' survey for the City of Roseville in August, 1990. One QUestion regarded organized collection: 43% of the residents favored the existing open system of cOllection; 28% preferred a consortium; 22% favored a single hauler; and 8% indicated none/other, did not know or did not respond. The City of Roseville conducted a written survey of residents in June, 1987. In response to whether they favored or opposed organized collection, 66% favored organized, while 30% were opposed. The reasons cited by residents favoring organized collection included cost/efficiency, aesthetics, reduced street: wear/traffic and reduced noise. Opponents of organized collection cited satisfaction with, the current system, choice and less government as their rationale. \ City of Chanhassen 32 . Resource Strategies r- VII. HAULER ISSUES \ Any changes to the current system of open collection will create some degree of impact on the existing haulers. Slight impacts may occur with modest changes in licensing requirements. Major impacts will occur with most haulers if the City organizes collection with a single hauler. The haulers are obviously trying to operate their current collection systems with as much efficiency as possible. Changes in community regulations, competition and growth are a few of the factors that require haulers to monitor and adjust their systems. Collection routes in Chanhassen are relative to equipment and days of collection the haulers operate in other communities. There is considerable integration of employee equipment and route scheduling from one community to the next. A required change in the day of collection in Chanhassen may cause considerable reorganization and scheduling adjustments. , / Residents in Chanhassen have a variety of services available from the haulers. One hauler may specialize in one area of service, while others may not offer the serv~ce. Certain customers are willing to pay extra for various services, while other don't wan~ to pay for any frills. Nearly half of the residents currently utilize carts for their service. While all of the haulers offer carts, the types and sizes offered are different. In contemplating organized collec~ion, the Ci:.y must . . u::ce:::-st.a::::. tha~ designing a common level 0: se~vi~e fo~ ~eside~ts ~eG~i~es careful consideration. It is challenging to create a service level that includes something for everyone, yet remains cost effective. Matching existing hauler capabilities and schedules to a common service level would be beneficial in this regard and may reduce City of Chanhassen 3'3 Resource Strategies ., ;' potential impacts on the haulers. '\ From a general standpoint, the impacts on the haulers for any change in the Current system may be ranked in ascending order of impact: 1. Open, zoned system (same haulers) 2. Consortium (same haulers 1 3. Multiple zones (bid for each zone1 4. Single hauler (bid for one zone1 5. Municipal (no haulers 1 '\ City of Chanhassen 34 . Resource Strategies ., VIII. CONSIDERATIONS AND RECOMMENDATIONS In evaluating alternative methods of collection, the Organized Collection Study Committee raised issues regarding City liability and general waste management policy options. Concerns about liability related to risk of exposure to superfund claims for landfill cleanup responsibility. Policy issues regarded the City's roles and responsibilities in waste management. Inquiries regarding the question of City liability were directed to the Minnesota Attorney General's Office and to the City Attorney. Neither the Attorney General's Office nor the City Attorney were able to cite any precedents which indicated increased liability in communities that contracted for solid waste collection. An increased risk of liability may exist for a community that has directed haulers to dispose waste. to a specific landfill that has become contaminated. The basic premise of superfund liability, however, is that waste from a generator must have contributed to the contamination. MSW generators or residents have not been implicated as responsible parties in previous cleanup actions. The issue of designating waste has also been discussed by the committee. Minnesota Stat~tes authorize counties to adopt designation ordinances as part 0: solid waste management policy plans. Designation ordinances have been found to be invalid when ~n violation of federal interstate COL;merce provisions. It has been suggested that cities may effectively designace waste through haule= c=~tracts, a~c~~=~=ed ~~de= organized co::e=~iGn p==vis~cns of Sta~e Sca~~tes. ~cco==i~g co the A~tc~~ey Ge~e=al's Office and the City ;'.ttor::ey, ci::y contracts involvi::.g waste designation are subject to the same legal challenges as the county designation ordinances. Cities are not extended exemptions or special protection under the law that counties do not enjoy. City of Chanhassen 3"5 Resource Strategies ) The cormnittee also discussed responsibilities and opportunities for solid waste management at the local level. Minnesota Statutes require cities to ensure that households properly contain and dispose solid waste on a regular basis. Enforcement of this provision in an open collection system is difficult. It is not known how many households in Chanhassen may not have regular collection service. Estimates from studies ~n other cormnunities range between five and fifteen per cent. Exemptions from regular service are allowed under State law, provided individuals demonstrate that containment and disposal are conducted in an environmentally approved manner. Some individuals may share a higher or unlimited volume collection service with a neighbor. Some individuals may dispose waste legally at their place of business. Others may illegally dump or improperly dispose their waste. The cormnittee expressed concerns that improper disposal may be occurring in the Ci ty, which is currently difficult to monitor and enforce. Organized collection is an effective method of ensuring proper waste management in the City. Collection would become mandatory, unless an individual demonstrates an approved alternative waste management method. Other communities that have organized collection have indicated that a considerable number of the complain~s received after impl~~encing the collection Change have come from residents who previously had no collection service. The review and evaluation of alternative collection methods has been ex;.edited, somewha~, th~ough a p~ocess c: elimination. The study committee has never given any consideration for a system of municipal collection. Only- three municipal collection within the investments and ongOing operating alternative form any consideration. communi ties are involved in reg~on. Extensive capital costs have eliminated this The committee was inherently City of C~anhassen 36 Resource Strategies opposed to displacing existing haulers with public employees. \ ;' Results of the resident survey and input from haulers also indicated that a single hauler contract was an undesirable alternative. The committee has expressed the interest, throughout the study, to retain existing haulers in the consideration of alternative collection methods. The single contract method was not pursued as a preferred alternative. Remaining alternatives to the existing method of collection included the open, routed system; the zoned, multiple contract method and the consortium style of collection. Each of these alternatives requires scheduling changes for haulers. The impacts of establishing routes or zones varies with existing hauler routes and schedules and routes/schedules that may be implemented. A major difference between the open methods and the organized methods of collection regards the reduction of existing system impacts. Organized collection will result in a reduction of hea~1 . " / vehicle impacts on City streets. While the hauler survey revealed details of the existing collection system with information generated from five haulers, there are six haulers operating in the City. The duplication of collection vehicle miles driven in the current open system of collection may be six times higher than that required in organized collection. Organized collection will also res'...:.:~ l.n the red::ction v.. a~r emissions, noise, ener~1 cons~~ption, aesthetic impacts, and overa~l system redundancies. C;::e~, :-::'...::ed col2.ecc.ion :':.ay ~:::1:':' e^~cs~~e to ~oise a~d ai~ e~is5:=~S :~ a s~~~le day cf :~e ~ee~, but it will not reduce the n~'1'.ber 0: incidents. Cperl, =oetec collection will limit the days of the week that collection will occur in neighborhoods, but it will not reduce the number of vehicles currently present in neig~~orhoods or the vehicle impacts or. Ci:.y streecs. City of Chanhassen 3.7 Resou=ce Stra:.egies , / TABLE , ALTERNATIVE METHODS COMPARATIVE MATRIX ~ ~ ::s ~ ~ c... ::s 8 tIJ Q ~ ::s ~ ~ i o + ~ cc~ ] .... N - .... "" .... "" "" "" M .... .. N - ..~ M . ~ :s .... N N "" "" M .... .... N ro-CC .... - "" .. "" - ..~ '3 M == ~ .... N ",,- N - - "" .... "" "" "" - "" .. - ..~ M ] M .~ N - - - "" .... "" "" "" - "" .. - - -Q .. . N ::e ] M .... .. .. N M M N N "" N M .. .. ",,- ~ ..~ M - ~ M "" "" "" - N - - - "" -N~ .c': NO I ....~ I ~ ... , .5~ ~ -3 c. ~lS" t!h!.~ . u . _ \jq ~ r ~l ~dJUij.. " ].. ] so.... ~ ~~_~~~ ""' .gj ~O'= ~_' , ~ ""'~. '=! 8 0 8 ~ ~ ~ ~ . ~ ~ ~ ~. ~ ,~~: 1 o 1 o 1 o d ~ o City of Chanhassen 38 :, ;i "Qc, ~] Ii . + \ 11 ~ = ~ !! II i:'-' J1~ " II -.c': , \ Resource Strategies The comparison of collection costs of open and organized collection indicates consumer sav~ngs can be realized with organized collection. City a~~inistrative responsibilities u~de= organized collection can be minimized, particularly with haulers maintaining account billings. The efficiencies of organized collection will accommodate quality of service and cost effectiveness. A comparative summary of favorable and unfavorable elements of the alternative collection methods is illustrated in Table 4. Study objectives and other considerations have been "ranked" within each alternative collection category for comparison. In v~ew of the study objectives, rev~ew of existing conditions, evaluation of collection system impacts, service costs and resident opinions, the Chanhassen Organized Collection Study Committee recommends that the City Council consider the following actions: 1. Accept the City of Chanhassen Organized Collection Study. / 2. Initiate licensing and/or ordinance provisions to limit the number of solid waste collection licenses issued to a maxi~~~ of six, with a declining limit based upon tur~over. 3. Adopt a Resolution of Intent to o=gan~ze solid waste collection. 4. Proceed with Phase II of the Orga~ized Collec~ion Study ~o discuss arrangements for orga~~=ed collectic~ with ex~s~~ng licensed haulers. City of Chanhassen 3~ Rescu=ce Strategies , / Appendix A City of Chanhassen Organized Collection Study Results of Refuse Hauler Survey. '. · 5 of 6 haulers responding · NA = No response or refused 1. How many residential customers do you serve in the City of Chanhassen? 3862 l.a. How many seasonal customers do you have in Chanhassen? ~ --L --L Winter Summer Other 2. In how many other cities in the 7 county metro area do you provide MSW and recyclables collection services? Ranae: 7-73 Ranae: 6-34 MSW Recyclables 3. What percentage of your total residential accounts are in Chanhassen? NA-40 % 4. What types of recyclable materials do you collect in Chanhassen? . -L newspaper ......L cardboard -L magazines -L office paper ....L mixed paper ......L aluminum cans -L metal cans ......L glass containers -L plastics -L textiles -L motor oil -L appliances -L yard waste -L wood waste -L food waste -L ferrous metal -.JL carpet -L hh1d batteries --L auto batteries -L other * ExclUdes referrals or special pick-ups. ::l. Do you collect recyclables in Source separated or comingled for.n? ~ Source Separated -L Comingled --L Both. · 2 haulers noted both; one was pri~arily source separated, one was primarily comingled. Hauler Survey Results Page 2 \ / 6. Where do you dispose of the MSW you collect in the City of Chanhassen? -L- Medina -L Elk River -L Anoka -L Reuters -L Richard's Asphalt -L Freeway 7. Where do you take the recyclables you collect in Chanhassen? -2- Carver County -1- Dakota County -L Recycle America -L BFI Recyclery ~ end users/markets 8. Do you provide the following special collection features to Chanhassen residents? -L- Yes -L No a. senior/disable~ rates Sl. 00-S2. 50 off , --L Yes ---L No b. doorstep/garage-side service SO-S4.00 addt'l I -L Yes -L- No c. less than weekly fre~ency NA-S2.00 off -5...- Yes -L No d. collection of special or "extra" materials? Please list the materials you collect anc the rates yc~ c~arge for t~e~: (yarcwaste, carpet, furniture, appliances, tires, etc.) type annliances S20.00/unit type camet NA-S18.00/cu yd type furniture S5-30.00/unit type brush S2.00 /bund1e type yard wa9te Sl.OO/bag type a::.to tire S4-10.00/unit type mattresses SlO-15.00/unit type other tires S15.00./u:J.it e. Other special collection features you provide in Chanhassen? * provide carts ., ) Hauler Survey Results Page 3 / " 9. What is your collection rate structure? * Minimum size 30/32 gallons - $12.35-14.00/month Unlimited service - $16.35-18.20/month Total Chanhassen Hhlds --TI ** Total Chanhassen Hhlds --28.l Total Chanhassen Hhlds u..tl. Total Chanhassen Hhlds ~ Total Chanhassen Hhlds ~ Total Chanhassen Hhlds ~ Next size 60/64 gallons - $14.00-16.00/month Largest size 90/96 gallons - $1S.00-17.50/month Bi-weekly 60/64 gallons - $13.00 Imonth Other? 90 gallons - $5.00 Icall * Carts furnished add $0.OO-2.25/mo at various service levels. ** Incomplete reporting on number of households at each service level. 9.a. Do you bill customers extra when they place a bag or additional can out with their prescribed volume of service? If yes, at what rate? 3 Yes $1.00-2.00/bag or can 2 No Service level adjusted if constant exception. " 10. Maps of Chanhassen hauling routes. 11. Ho..... many separate residential stops do you :::a:'<e ':':1 C::a::::.asse:-: ':':1 _.. average week? Day of Week HID! Recvc1ab1es* Ava. Recv. Partic. % Route # All Monday 618 354 57% Route # All Tuesday 1006 607 60% Route # All Wednesday 1110 699 63% Route # All Thursdav 599 397 66% Route # All Friday 529 339 64% * Based on average participation rates given by each hauler. :2. Do you collect MSW a~d =ec~=la~:es C~ t~e saue ~e~ic:e :=:;s? o Yes : "- ., - \ Hauler Survey Results Page 4 13. HQW many and what type of vehicles do you operate on ym.:r MS~-J a=:::. recyclables routes ~n Chanhassen? · MSW Vehicles 86.88.93 85.88.89.92.93 85.2-86.88.92.93 86.86.92 85.86.86.93 6.20.20 Gross Weicht (1000's Ibs.1 llK.2-44K Dav of Week # Vehicles :un Caoacity (cu. yds) Monday 3 Tuesday 5 Wednesdav 6 Thursday 3 Friday 4 6.6.3-20 6.5-20 20.20.20 11K.13K.40K.2-44~ 11K.2-22K.2-39K.44~ 39K.39K.44K 6.20.20.20 11K.3-39K Recyclab1es Vehicles. Dav of Week # Vehicles ~ Caoacity (cu. yds1 Gross Weicht (1000' s Ibs. 1 Mondav 3 83.89.90 3.23.23 6K.18K.18K Thursday 2 89.89.90.90 83.89.90.91 90.91 21.23.23.30 18K.18K.26K.33K 3.20.21.32 6K.18K.2-26~ '1 I Tuesday 4 Wednesday 4 21.32 26K.26K Friday 4 89.89.90.91 20.21.27.32 18K.24~.2-26K . Sequences don't necessarily match between columns. - . ..... ~~~ ~=:y employees :~a~~asse~ each day? -- ~"" :t~~ ....c. " -::::::: C:1 ~s.,"; a:"'.. j, ::-e.=-.i= _ 5.~ ~ e.5 V"".-..~. - .=:!:::. - --......--- Dav of Week MS'... Recvc1ab1es Route ~ -.All !o!o~dav " ":l ~ - Route # ...All Tuesdav 6 5 Route # J1ll Wednesdav 8 6 Route # -All Tc-..:rsdav 4 ":l ~ ;tc::~e ~ 2J...l ?~:.~a""," , 5 .. / Hauler Survey Results Page 5 \ 15. Estimate the nwnt:er of miles driven on each route in Chanhassen per day? Dav of Week !iSH Recvclab1es Route # ...All Mondav 53 53 Route #-All Tuesdav 131 131 Route #-All Wednesday 226 226 Route # -All. Thursdav 108 108 Route #-All Fridav 99 99 16. What is the weight of the MSW collected on an average daily route ~n Chanhassen? Dav of Week ~ Route # ...All Mondav 14.68 Route #J.ll Tuesdav 20.50 Route # ...All Wednesday 22.79 Route #-All Thursdav 15.50 Route # -All Fridav 13.28 1.7. ~~:-..a : :. s ~~e weight of recycla~les =~:~ec~ed on an average dai:y ......,.-.... - .=. ~ - -..........- -. Dav of Week "':;:"'9 . - Rct:.te #~ Mondav 3.48 Route #....Ail Tuesdav 4.52 Route #-All Wednesday 9.48 8.18 Route #-All Thu:'Qdav RC1,,:':e #~ =,=:=::IV .'= .34 , Hauler Survey Results Page 6 lB. In an average week, what percentage of Chanhassen households you serve put out recyclables for collection? 55-89% 69% average 19. Please estimate the average n~~er of residents you se~Jed in Chanhassen in previous years. 1990 1991 1992 3116 3251 3593 -20. Do you provide collection containers to your customers? What size(sl/type(s)? --2- Yes -L No Type wheeled carts Size 60-65 aal # in Service wheeled carts 90-96 aa1 283 1378 2l. Please estimate your per mile/per household operating expenses: MSW RECYCLING $ NA I mile $ NA I mile ') / $ NA I household $ NA I household 22. ,Do you have any other comments about organized collec~ion J..n the City of Chanhassen? , , ) L ~. 4. 5. 6. Appe.c.a.l.X D City of Chanhassen Organized Collection Study Results of Resident Phone Survey 1. SurJey Sample: 81 Chanhassen Residents July 1 - July 12, 1993 '\ MALE. . . . . . . . . . . . . . . . . .35% FEMALE. . . . . . . . . . . . . . . . 64% UNREPORTED.............l% ; 2. Age of participants < 25 YEARS OLD.........2% 25-45 YEARS OLD.......69% 46-65 YEARS OLD.......19% > 65 YEARS OLD........IO% 3. What factors are important to you in selecting a collection service? (very important, neutral, not at all important 1 IMPORTANT NOT IMPORTANT NEUTRAL DAY OF WEEK COST LEVELS OF SERVICE CONTAINERS PROVIDED SPECIAL SERVICES HAOLER OTHER (6 responses): 10% 9% 83% 17% 64% 24% 32% 19% 22% 12% 30% 17% yard waste-2 more reCYCling options-2 more plastics recycling-1 service-1 81% 0% 12% 49% 66% 53% Have you ever changed haulers for any reason other than because you moved? Why? YES. . . . . . . . . . . . . . . . . . .2 5\-' NO. . . . . . . . . . . . . . . . . . . . 72% DON'T KNOW.............3% WHY? (17 responses): * price-7 * containers-2 * sloPpy/litter-2 * hauler left-2 * senior discount-1 * price &; day-l * neighborhd organized-l * service-1 ~~at level of service do you currently have for garbage 32 GALLONS 2X/MO.......l% 32 GALLONS WEEKLY.....15% 60 GALLONS WE~KLY.....38% 90 GALLONS WEEKLY.....22% UNLTD/TRADITIONAL.....20% OTHER (3 responses1....4% * dumpster-2 * 90 gallons lx/mo-l cc.!.2.ect.:..on? :ces your ha~le= bill yeu whe~ YES. . . . . . . . . . . . . . . . . . . 17% NO. . . . . . . . . . . . . . . . . . . .75% DON'T KNOW.............8% HOW W0CH? (15 responses) Y'C''':' ~~:. an ex~=a =a; c= ca~ .......... ~-~ a=cve your c~r=ent ~xim~~? :: :: ....... :;:-..:. =:: ? t c::::,': 1:.::::'",.;-: J \ * $1.00/bag-3 · 9?ecial (la=ge) ite..:ns-2 Resident Survey Results Page 2 7. Please rate the level CONCERNED NEUTRAL NOT CONCERNED of concern you have \ about the following # VEHICLES 22% 21% 57% aspects of the CANS ON STREET 24% 22% 54% existing garbage LITTER 37% 16% 47% collection system: EMISSIONS 22% 21% 57% very concerned, NOISE 27% 22% 51% neutral, not at SAFETY 48% 12% 40% all concerned1 STREET WEAR 30% 22% 48% 8. In a similar, but more CONCERNED NEUTRAL NOT CONCERNED general sense, do you have concerns about POSTAL/DELIVRY 0% 10% 90% other large vehicles LUMBER 11% 17% 72% in your neighborhood? CONCRETE 16% 16% 68% (very concerned, SAND/GRAVEL 16% 20% 64% neutral, not at all OTHER CONSTR. 18% 18% 64% concerned1 MAINTENANCE 2% 19% 79% UTILITY 0% 19% 81% SCHOOL BUSES 2% 9% 89% 9. Please rate how interested you would be in the following options: (very interested, neutral, not at all interested1 INTERESTED NEUTRAL NOT INTERESTED " / A. CONSORTIUM/ONE HAULER/STREET B. SINGLE DAY ZONES/MANY HAULERS C. ONE HAULER FOR CITY D. CURRENT OPEN SYSTEM 34% 40% 15% 43% 30% 31% 25% 37% 37% 30% 60% 20% 10. You rated option as most attractive. Why? Option A.... . . . . . . . . . . . . . . .22% Option B.................. .25% Option C.... . . . . . . . . . . . . . . . .7% Option D................... 27% No opinion................ .19% WHY? A C1S resnonses): * addresses impacts-4 * re~uces traffic-3 * traffic ~ price-3 * less impact ~ keeps all hau1ers-3 * friends like it-1 * neighborhood has-1 B C17 resnonses): * less impact, yet choice-9 * reduces impacts-1 * reduces traffic/price-2 * less government best-1 * reasonable option-1 * o.k. where lived before-1 C CS resnonsee): * best price-3 * better recycling and price-2 , ) D C17 resnonses): * no problems ncw-7 * choice-4 * free enterprise-3 * like hauler-1 * competition c choice-1 * City stay out of it-1 I..lJ Resident Survey Results Page 3 11. How Supportive of organized collection are you, if you understand that you may lose your right to choose haulers and/or day of the week for collection? 12. What other changes, if any, would you make to the current recycling and garbage collection system in the City of Chanhassen? 13. Do you have any other comments or concerns about refuse collection in the City of Chanhassen? .. VERY SUPPORTIVE............2S% NEUTRAL. . . . . . . . . . . . . . . . . . . . 48% f NOT AT ALL SUPPORTIVE..... .27% . OTHER CHANGES: (46 responses) · more recycling-11 · organized o.k. if best service and price-7 · City keep out of it-S · more large items-4 · more plastics recycling-3 · more reCYCling education-3 · day is no issue-2 · easier brush co11ection-2 · have uniform containers-2 · day or hauler no issue-1 · ~ frequent recycling-1 · regulate w/out organizing-1 · better recycl. incentives-1 · have 2 Clean-up days/year-1 · add 2x/week in summer-1 · maintain quality of service whatever happens-1 OTHER COMMENTS: (30 responses) ! · more BHW options-4 . · day no issue, keep choice-3 · o.k. to organize if service/ reCYCling guaranteed-3 · cost is main concern-3 · don't create new City Admin. expenses-2 · more big item collections-2 · let neighborhoods have option of organizing-2 · concerned about impacts on environment ~ haulers-2 · works fine as is-2 · neighborhood already organized due to traffic and cans out constant1y-2 · current cost too high, but leave as is-1 · all truck traffic should be reduced-l · City keep out of it-l · concerned about hauler impact-l · organized collection worked great in previous city-1 CITY OF ANDOVER REQUEST FOR COUNCIL AcrION DATE April 5, 1994 AGENDA t-O. SECTION Reports of Staff, Committees, Commissions ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t-O. Park Bond Discussion Dick Fursman, City Administrator ~ ~ BY: .:? .3 . \ ;' Recently staff has been struggling with the strategy for the development of several parks. Most recently staff discussed the Field of Dreams Athletic Complex to be built in 1994. Available to the City at this time is approximately $150,000. After assessing the cost of the project as supplied by Hakanson- Anderson, The City Council may want to consider postponing the project indefinitely. In addition to the development of this complex, there are other parks that are in,need of improvements that will need to be put on hold until sufficient funds are raised. These additional projects include additional ball fields in various parts of the City, bicycle paths, basketball hoops, playground equipment, as well as the general upgrade of other existing parks. It is the hope of many that Complex #2 be developed with private donations and in-kind donated labor. It appears now that the park will be unable to develop without a large infusion of cash. Alternatives option #1 - stay the course. The City may continued to attempt to raise money through private donations and through athletic associations who want the parks to be developed in the worst way. Based on the level of donations received thus far plus additional revenues generated from park dedication fees, it is estimated that the field will be available for play in the year 2000. Option #2 _ staging. The project can be put in phases so that one or two ball fields can be brought into use sometime in 1995 or 1996. There is not enough money this year to even do enough CONTINUBD \ MOTION BY: J TO: work to begin the process for the development of one ball field as excavation and earth work would have to be done all at once which is by far the largest cost item associated with the park development. option *3 _ Bonding. Bonding would allow the project to go ahead in 1994 with completion in the fall of 1994 and the ball parks and play areas available for the 1995 season. It would be recommended that if a bond did go through that an additional amount be put on the bond besides that which would just cover Complex *2 so other existing parks could be included in the bond such as basketball courts, trails and playgrounds as needed throughout the community. Findings Item *l _ park bond would required a referendum to be passed by majority of the voters. Item *2 _ The park bond referendum would require 45 days notice to the County of a special election. Finance structure \ ;' Bob Thistle, a fiscal consultant from Springsted which is a bond consulting company, will be present to explain a number of options and impacts of bonding of this type on the City of Andover. Mr. Thistle will be outlining the structure of a number of hypothetical bonds and what it would mean to homeowners in the area. park Board Discussion Also enclosed for your information are minutes from recent park Board meetings where the issue of a bond was discussed. Briefly, without knowledge of the cost of the Andover athletic fields the discussion for a bond was left on the consensus that a bond issue would probably not be a good idea this year but it would be a few years yet before it should be brought before a vote. Recommendations ~ j staff is of the opinion that if park development is going to happen in the City of Andover bond issues will be needed. At the present time Andover is rich with land and poor in developed areas for park usage. It is also the consensus of staff that quality development be sought. Phasing projects over time mean higher cost for the park development. Delaying the park development for several years will also result in higher costs. The population of Andover is young and there are many people who would benefit from the use of a much improved park system. without a bond issue usable quality parks are not possible in the foreseeable future. CONTINUED ) \ J ) Listed below are several park projects under consideration for the immediate future. Bathrooms, wells, and/or warming houses for our regional parks - Basketball courts at various parks - Tennis court for Fox Meadows Bituminous surfacing for those parks in the urban area and regional parks in rural area - City Hall Park Complex *1, lighting and bathroom facilities - Fencing for the regional parks where needed - Coon Creek park bicycle trail '. " Park & Recreation Commission Meeting November 18, 1993 - Minutes Page 2 Chairman Kieffer requested that the survey of communities regarding their park budgets be forwarded to the City Council. The Commission briefly discussed a Park Bond issue with the concensus that now is not the time to do one. They felt that a few years from now would probably be a better time. December 2, 1993 meetini - if there is nothing pressing for the agenda, the meeting wil be cancelled. December 16, 1993 meeting - the City Council will be using the Council Chambers that night so the meeting will be held at 7:00 in the Conference Room. Todd Haas has received a letter regarding the burial grounds at Kelsey Park and this will be on the agenda for the 16th. Kevin Starr noted that the lights have been installed at Hidden Creek. There is one by the rink and one at the parking lot. MOTION by Anderson, seconded by o'Toole to adjourn. Motion carried. Meeting adjourned at 8:10 P.M. Respectfully submitted, J 'L~ ;'//1/ ~ (, ..t:.U Vicki Volk Acting Recording Secretary , ) Regular Andover Park and Recreation Commission Meeting Minutes - November 4, 1993 Page 2 (Creek View Crossing Park, Discussion, Continued) hockey rink, and they would take the hoop out in the fall. That would leave room for expansion of the park in the future. No specific decisions were made at this time, other than the Conunission will consider the request in the. 1994 budget. CHAIRMAN'S REPORT Reports from the Parks Department - Mr. Starr noted his report on the upgrades done in the various parks during the Sununer of 1993. All parks have now been upgraded to meet safety codes. He also provided a copy of the 1993 Capital Fund. Fee for Park Usage - Conunissioner Paulson provided a copy of the fees for the rental of park facilities for sports related youth, teen and adult programs sponsored by the New Hope Parks and Recreation Department. The fee is used to help defray costs of maintaining the fields and for lighting. The Conunission discussed the possibility of charging a fee for the usage of Andover's fields, especially for adult organizations. It was predicted that at some point the City will need to hire recreational staff to schedule the use of the parks. The consensus was that the issuance of fees needs to be considered at some point in the future, though the discussion of fees for the use of the hockey rinks is to be added to the November 18, 1993, agenda. Park Bond Issue Discussion - There was a general discussion on future development of the parks and the development of a recreational program for park usage. Several Conunissioners felt it may be a good time to go out for a referendum for park development to complete Kelsey Park, the City Hall Complex No.2, bike trails, and various upgrades in other parks. The City is growing so fast that additional monies are needed to keep up. The conunission agreed to add the item for discussion at the next regular meeting, November 18, 1993. Agenda Items for Future Meetings ~ The conunission also agreed to add the discussion of the first phase of development for Kelsey Park to the agenda for the next meeting, November 18. Mr. Starr suggested scheduling the usage of the hockey rinks at the first meeting in December, December 2, 1993. The Conunission agreed. MOTION by O'Toole, Seconded by Paulson, to adjourn. a 4-Yes, 3-Absent (Kieffer, Auger, DeLarco) vote. Motion carried on The meeting was adjourned at 8:10 p.m. } Res=u~L ~a A. Peach, Recording Secretary ANDOVER ATHLETIC FIELDS 'RELIMINARY COST ESTIMATE Quantitunit cost Extension Clearing & Grubbing 1 LS $5,000.00 Common Excavation 76,700 CY $1. 75 4" Depth Topsoil Borrow 13,460 C'l $9.00 Fertilizer 7 T $300.00 Seed 27.5 AC $500.00 Mulch 55 T $375.00 Sod 100 SY $2.00 Class 5 Base 3,182 T $7.00 Ag. Lime 2,428 T $14.00 15" RCP 294 LF $24.00 Drain Inlet structure 3 EA $1,000.00 Riprap 10 CY $45.00 silt Fence 650 LF $2.50 4" sanitary Sewer Pipe 670 LF $15.00 2" Water supply pipe 630 LF $15.00 Aprons w/Trash Guard 6 EA $250.00 sanitary Sewer Pipe cleanout Risers 5 EA $150.00 Bid: Alternate: Bituminous 1,972 T $25.00 B612 Curb 2,680 LF $8.00 Stripe parking Lot 6,025 LF $0.25 Tota 1 : Less Topsoil: Revised Total: Add Well & Irrigation: (;;/~ ;:Lf fa.. d7/J/( CI">t.-cx.<'" Z;=:. ~. "~~/ n~~ 31:2 '1/9 r! ~ (!. (;try AOfvfINlJ.1.t:ATo..- F"NA~e.C. {?It=- $5,000.00 $134,225.00 $121,140.00 $2,100.00 $13,750.00 $20,625.00 $200.00 $22,274.00 $33,992.00 $6,816.00 $3,000.00 $450.00 $1,625.00 $10,050.00 $9,450.00 $1,500.00 $750.00 $386,947.00 $49,300.00 $21,440.00 $1,506.25 $72,246.25 $459,193.25 ($121,140.00) $338,053.25 $100,000.00 $438,053.25 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE AprilS. 1994 AGENDA t-D. SECTION ORIGINATING DEPARTMENT Todd J. Haas,?'" , Engineering APPROVED FOR AGENDA Consent Agenda/ l\Tnn,.ni c:,.."c:c:i nn T1-....~ ITEM t-D. Receive Petition/Watermain/ 14267 Round Lake Blvd./94-4 BY: ~ a4. The city Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of watermain project 94-4, in the 14267 Round Lake Boulevard NW (Parcel A Only) area. MOTION BY: SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATIOH OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN PROJECT NO. 94-4 (PARCEL A ONLY) , IN THE 14267 ROUND LAKE BOULEVARD NW AREA. WHEREAS, the City March 21, 1994 improveme~ts; and Council has received a petition, dated , requesting the construction o~ WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is -0- 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular Meeting this 5th day of 19 94 , with Councilmembers April voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor victoria Volk - City Clerk 9'-1- '-f RECEIVED MAR 2 1 1994 CITY VI- AI'lUUVER " March 21, 1994 Andover City Engineer 1685 Crosstown Boulevard N.W. Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: I do hereby petition for improvements of watermain with the cost of the improvement to be assessed against my benefitting property. Said petition is unanimous and the public hearing may be waived. I would like to be assessed over a 5 year period. Sincerel~__ /?It-I ~i l2--~~~-- Lorraine Tressel 14267 Round Lake Boulevard N.W. Andover, MN 55304 427-4569 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED 1\0. Consent Agenda/ FOR AGENDA I\Tnn.-ni <:;cll",,,,i nn Tt-pm Todd J. Haas,~ ITEM Engineering 1\0. Accept Feasibility study/ ~ watermain/14267 Round Lake Blvd. :;s: The City Council is requested to approve the resolution accepting feasibili ty study, waiving public hearing and ordering improvement for Project 94-4 for watermain at 14267 Round Lake Boulevard. The proposed assessment is as follows (based on 1994 charges) : PARCEL "A" ft.2 184 ft. x 165 ft. = 30,360 = 0.70 Acres Water Area Charge 0.70 Acres x $1,058 = $737.39 Acre Connection Charge 165 ft. x $22/ft. = $3,630.00 $5,512.39 (Watermain Benefit1 PARCEL "B" ft.2 80 ft. x 165 ft. = 13,200 = .30 Acres Water Area Charge 0.30 Acres x $l,058 = $320 Acre Connection Charge $1,l45.00 Lateral Charge 80 x $22/ft. - $1,760 $3,225 (Watermain Benefit) Note: parcel B which would eventually develop as an 80 ft. x 165 ft. lot and would be assessed when improvements are petitioned for. MOTION BY: SECOND BY: TO: n \.:.J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY ORDERING IMPROVEMENT AND DIRECTING SPECIFICATIONS FOR THE IMPROVEMENT WATERMAIN 14267 ROUND LAKE BOULEVARD STUDY, WAIVING PUBLIC HEARING, PREPARATION OF PLANS AND OF PROJECT 94-4 FOR IN THE FOLLOWING AREA NW (PARCEL A ONLY) WHEREAS, the City Council did on the 5th day of April 19 94 , order the preparation of a feasibility study for the improvements; and WHEREAS, such feasibility study was prepared by presented to the Council on the 5th day of April TKDA and , 19~; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 5,512.39 NOW, THEREFORE, BE IT RESOLVED by the Andover to hereby receive the feasibility total cost of improvements of $ 5,512.39 Hearing and order improvements. City Council of the City of report with an estimated , waive the Public BE IT FURTHER RESOLVED the property would be assessed over a 5 year period. MOTION seconded by Councilmember the City Council at a regular 19~, with Councilmembers voting in favor of the resolution and Councilmembers and adopted by Meeting this 5th day of April , voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. MCKelvey - Mayor victoria volk - City Clerk @ ;, MAR-30-1994 11: 29 FROM C 1 TV OF ANDOVER TO I tu.IH t"'.lO'+ . . ... ~_. . ,I CITY of ANDOVER 1685 CROSSTOWN BOULEVAAO N.W. - ANOOVER. MINNESOTA eS30.4 -(812) 7ee.51OO M~rc:h 30, 1994 Honorable Mayor and City council City of An~ov.r 1685 Crosstown Boulevard NW Andover, KN 55304 Re: realibility Report for project 94-4 for the property at 14267 Round Lake Boulevard NW Dear Mayor and council; ;' Project 94-4 for 14267 aound ~ake soul,vard NW 18 fe'lible and will benefit the property ..rved. The ut1mate~ cost for the improvement for: Parcel A 11 $5,,512.39. Sincerely, ~~~~ ~~aV!dSOn, P.E. / Acting city zn9:Lnur TKDA JD:rja , ) 2"d 2800-262 . )fH .. )OSSIj '3 tlQ)tl t"2: 21 t"6. 02 dtlW ~ (II) , '1') ~ , J .. _ /1" ...= ,/) " (J) '\\ ~ / t- 8) ~ LL (.1) - -1 U '9) ~ c:: (I) , I.LI ~ l c , II..} ~) " Z => ~ (~) q' ~ ~ ~ 5~ ... N.W. ~I liD ,f~ t'#J. l-. t'ltJ) ~ . ~ " i (II) (#) ~ 1'7) ,Jt) / / h"-1; f'. ('.f<!) !~o) ....... i*,,) .' --r~- /"0 I ,""' -;", .:.~: .... ". ~ ..... . ':" .. . \ .. , .... '. 'i (~) ...... ......\ ~II i '. ... i ... \. l ,..\......... .' '\ ~ ,\ ,--~ '571 ,---- , \ , --' J / I , :g;.'" ..... l .. " \ :":t:: \ " \ , '- - -. (1;' .142 NO -.-,,1$"',,,",' - ~~.#."._:. -il~'.:::LJ.1b"~':-=--_ /,.1.,# AVE:-N.W.- "#3' " ,,~.. I~~.,,"# ,,~., "~,, (/.) ,(/?) (/1) (/9) a",) 3"4~5 6 7~ QUI CKS TROM ,,,A. ,. '11~'" /11.".,. .' (21J (.zZ) r.zj} ~ 8 9" /0 . ~. , ~ I- ~ , . , ~ ~ en ~ , (If) 2 "...." /' ", ,#1.' . . /cz '" (Z9) I(8) {ZT) (.u) {,.,) .. . ~ ~ . ~ ~ .. . ~ . .. . ~ ~ ~ ~ ~ ~ Ii! ~ ~I '. , .. , , .. .. " /6 , /3 /2 /9 /8 /7 /5 /4 '4" .:1(1 /11.1"'.:> ..tf1A.~ ,.~.4" /~.z"b /"'~M 141 ST LANE N.W. Do ~, . - , ,. .. ~ ... " ~ ' (.z~ >- ~ ~ <l . ~ , => " /I , < -"1.#" 0, -.: ~ ( / /.,{) oIZ /~{)J" of.} 2 3 (3-) ~ :' " I~"Z.. ~ " ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 5, 1994 DATE AGENDA f'O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Consent Agenda u~~_n;- '-~ ITEM f'O. Authorize Transfer of Funds Daryl E. SUland~t/ Finance DirectoriJ6 ~ d". REQUEST The Andover City Council is requested to approve the transfer of funds and officially close the operation of two of the Funds as detailed within the attached resolutions. Each of the five resolutions are presented for Council approval based on previous Council action. Five separate resolutions necessary to transfer the funds and/or close the retired Funds are attached for adoption. MOTION BY: SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -94 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS DEDICATED TO DEBT SERVICE PAYMENTS FROM THE WATER OR SEWER TRUNK AREA AND CONNECTION CHARGES ASSESSED WITH VARIOUS CAPITAL IMPROVEMENT PROJECTS. WHEREAS, Resolution Number R153-86 authorized the sale of bonds to finance various improvement projects including trunk sewer and water main construction; and WHEREAS, water area and sewer area assessments as well as water and sewer connection charges collected by the Water and Sewer Trunk Funds are pledged to retirement of the bonds sold to finance the construction costs; and WHEREAS, payments during 1992 and 1993 in the amount of $505,000 for principal retirement and $164,530 for interest expense have been recorded within the 1986 Series B Debt Service Fund on behalf of the trunk water and sewer construction projects. / NOW, THEREFORE BE IT RESOLVED that transfers from the Water and Sewer Trunk Funds to the 1986 Series B Debt Service Fund in the amounts of $26l,130 and $408,400 respectively be made prior to closing the accounting records for calendar year 1993. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor victoria volk - City Clerk , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -94 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS DEDICATED TO DEBT SERVICE PAYMENTS FROM THE WATER TRUNK AREA AND CONNECTION CHARGES ASSESSED WITH VARIOUS CAPITAL IMPROVEMENT PROJECTS. WHEREAS, Resolution Number R067-85 authorized the sale of bonds to finance various improvement projects including trunk water main and storage construction; and WHEREAS, water area assessments and connection charges collected by the Water Trunk Fund are pledged to the retirement of the bonds sold to finance the construction costs; and WHEREAS, payments during 1993 in the amount of $190,000 for principal retirement and $122,390 for interest expense have been recorded within the 1985 Series B Debt Service Fund on behalf of the water trunk fund construction projects. ;' NOW, THEREFORE BE IT RESOLVED that a transfer from the Water Trunk Fund to the 1985 Series B Debt Service Fund in the amount of $312,390 be made prior to closing the accounting records for calendar year 1993. , CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor v~ctoria Volk - c~ty Clerk \ ;' , , , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -94 A RESOLUTION CLOSING THE 1989 SERIES A IMPROVEMENT PROJECT CONSTRUCTION FUND AND TRANSFERRING THE REMAINING FUND BALANCE TO THE 1989 SERIES A DEBT SERVICE FUND. WHEREAS, the City of Andover issued special assessment improvement bonds in 1989 to finance the construction of various capital improvement projects; and WHEREAS, the City of Andover has completed the construction of these projects; and WHEREAS, there are monies remaining in the fund dedicated for payment of the associated debt. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that the 1989 Series A, Improvement Project Construction Fund is hereby closed effective as of December 31, 1993. BE IT FURTHER RESOLVED that all monies remaining in the 1989 Series A Improvement Project Construction Fund be deposited into the 1989 Series A Debt Service Fund prior to closing the accounting records for calendar year 1993, dedicating said monies for bond principal and interest payments. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -94 A RESOLUTION CLOSING THE 1990 SERIES B TEMPORARY IMPROVEMENT BOND FUND AND TRANSFERRING THE REMAINING ASSETS, LIABILITIES AND FUND BALANCE TO THE 1993 SERIES A DEBT SERVICE FUND. WHEREAS, the City of Andover issued special assessment improvement bonds in 1990 to refinance bonds issued for the construction of various capital improvement projects; and WHEREAS, the City of Andover again refinanced the temporary improvement bonds through the issuance of the 1993 Series A Improvement Bonds; and WHEREAS, the assets and liabilities remaining in the 1990 Series B bond issue are now the responsibility of the 1993 Series A bond fund. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of , ) Andover that the 1990 Series B, Bond Debt Service Fund is hereby closed effective as of December 31, 1993. BE IT FURTHER RESOLVED that all monies remaining in the 1990 Series B Debt Service Fund be transferred into the 1993 Series A Debt Service Fund prior to closing the accounting records for calendar year 1993, dedicating said monies for bond principal and interest payments. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -94 A RESOLUTION TRANSFERRING FUNDS ADVANCED FROM THE UNFINANCED CONSTRUCTION PROJECTS FUND FOR PROJECTS NOW FINANCED WITH THE 1993 SERIES A IMPROVEMENT PROJECT CONSTRUCTION FUND. WHEREAS, the City of Andover issued special assessment improvement bonds in 1993 to finance the construction of various capital improvement projects; and WHEREAS, the City of Andover temporarily advanced the funds needed to begin construction of the various projects financed with the issuance of the 1993 Series A Improvement Bonds from a fund known as the 'Improvements Unfinanced Fund'. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that costs incurred by the Improvements Unfinanced Fund be reimbursed by the 1993 Series A bond sale proceeds prior to closing the accounting records for the 1993 calendar year. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk \ I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 AGENDA r-n SECTION Consent Agenda Non-Discussion Items ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM 1\0. Receive February 1994 Financial statements Daryl E. suland~/n/ Finance Director~ ~ ~ ~7. REQUEST The Andover City Council is requested to receive the February 1994 financial statements for the General, Water, Sewer and Central Equipment Funds. Please note: 1) As in past years, the January and February expenditures are minimal. The main reason for minimal activity is due to cash flow. Without much revenue activity, the expenditures for most of the first six months of the year are dependent on the cash reserves accumulated within fund balance. Also, many invoices for services provided in February are not received and subsequently paid for until March. 2) The large expenditure recorded in the General Fund's unallocated expenditures section is the 1994 insurance premium. The $92,057 premium is a 6.7% increase over 1993. The premium will be charged against each operating department's budget and distributed on the financial statements prepared for March 1994. The 1994 Worker's Compensation Premium is $47,083 of which $12,450 is charged directly to the Fire Department budget. MOTION BY: SECOND BY: TO: I 3) The billing for first quarter water, sewer and street light services will be prepared and released in April. As with the General Fund, the utility funds also rely on prior year reserves to pay the bills during the first half of the year. The M.W.C.C. monthly installment amount of $30,240 for sewage disposal is due by the 5th of each month. 4) The inter-departmental charges for equipment "rental" used to fund the Central Equipment Fund operations is recorded quarterly. The first quarter entry will be recorded in March. Should there be any questions regarding the information presented, please contact me prior to the meeting so I may have adequate time to research the question. ; CITY OF ANDOVER YEAR TO DATE SU}fl1ARIES GENERAL, WATER, SEWER AND CENTRAL EQUIPMENT FUNDS As of 28Fcb94 G ENE R A L FUN D REV E N U E S ----------------------- ----------------------- GENERAL PROPERTY TAXES BUSINESS LICENSES AND PEffi1ITS NON-BUSINESS LICENSES & PERMITS Building Related Other INTERGOVERNMENTAL REVENUE CHARGES FOR SERVICES Street Lighting Other COURT FINES SPECIAL ASSESSMENTS MISCELLANEOUS REVENUE Interest Earned Refunds and Reimbursements Other TRANSFERS FROM OTHER FUNDS From Admin. Trust Fund From TIF 1-1 Fund From TIF 1-2 Fund Revised Budget Year to Date Percentage Actual Remaining -------------- ---------- 1,491,885.00 14,000.00 265,855.00 8,100.00 714,594.00 91,400.00 38,900.00 37,000.00 3,000.00 33,000.00 31,000.00 4,600.00 65,000.00 24,000.00 6,000.00 TOTAL GENERAL FUND REVENUE 2,828,334.00 3,185.00 38,496.45 745.50 73,631.50 578.17 7,086.54 2,749.85 742.62 1,581.04 ------------ ------------ ------------ ------------ 129,096.67 100 77 85 90 89 99 81 92 100 100 97 65 100 100 100 95 CITY OF ANDOVER YEAR TO DATE SUMMARIES GENERAL, WATER, SEHER AND CENTRAL EQUIPMENT FUNDS As of 28Feb94 Revised Budget Year to Date Percentage Actual Remaining -------------- ---------- G ENE R A L FUN D E X PEN D I T U RES ----------------------- ----------------------- MAYOR AND COUNCIL 47,320.00 7,947.82 83 NEWSLETTER 5,555.00 677 . 23 87 ELECTIONS 11,210.00 100 ADHINISTRATION 144,225.00 16,050.21 88 FINANCIAL ADMINISTRATION 124,575.00 19,285.98 84 AUDITING 11,000.00 2,436.00 77 ASSESSING 53,860.00 53,853.00 0 ATTORNEY 51,660.00 6,620.75 87 PLANNING AND ZONING 82,720.00 6,633.20 91 " DATA PROCESSING 24,400.00 10,689.48 56 ) CITY HALL BUILDING 46,040.00 6,781.46 85 FIRE STATION BUILDING 32,520.00 368.05 98 PUBLIC WORKS BUILDING 21,835.00 922.65 95 SENIOR CITIZEN'S CENTER 9,270.00 74.77 99 EQUIPHENT BUILDING 3,240.00 100 CITY HALL GARAGE 560.00 10.05 98 ENGINEERING 82,880.00 9,988.01 87 ------------ ------------ TOTAL GENERAL GOVERNMENT 752,870.00 142,338.66 81 POLICE PROTECTION 433,934.00 20.03 99 FIRE PROTECTION 309,188.00 20,307.62 93 PROTECTIVE INSPECTION 177,570.00 29,470.92 83 CIVIL DEFENSE 3,425.00 100 ANIMAL CONTROL 9,950.00 593.99 94 ------------ ------------ TOTAL PUBLIC SAFETY 934,067.00 50,392.56 94 ., ;' CITY OF ANDOVER YEAR TO DATE SUMMARIES GENERAL, WATER, SEWER AND CENTRAL EQUIPMENT FUNDS As of 28Feb94 WATER FUND REV E N U E S ------------------- ------------------- HATER SALES HETER SALES PERMIT FEES HISCELLANEOUS REVENUES TOTAL HATER FUND REVENUE W ATE R FUN D E X PEN S E S ------------------- ------------------- SOURCE, STORAGE AND TREATMENT DISTRIBUTION ADHINISTRATION TOTAL HATER FUND EXPENSES , , I Revised Budget Year to Date Percentage Actual Remaining -------------- ---------- 332,000.00 42,000.00 18,000.00 14,000.00 406,000.00 ------------ ------------ 119,150.00 169,625.00 117,225.00 406,000.00 ------------ ------------ 1,713.99 5,592.00 2,050.00 9,355.99 ------------ ------------ 565.77 23,486.43 6,527.74 30,579.94 ------------ ------------ 99 86 88 100 97 99 86 94 92 CITY OF ANDOVER YEAR TO DATE S~IARIES GENERAL, \~ATER, SEWER AND CENTRAL EQUIPMENT FUNDS As of 28Feb94 Revised Budget --------------- G ENE R A L FUN D E X PEN D I T U RES ----------------------- ----------------------- STREETS AND HIGHWAYS SNOW AIID ICE REMOVAL STORM SE\~ERS STREET LIGHTING STREET SIGNS TRAFFIC SIGNALS STREET LIGHTS-BILLED TREE PRESERVATION/I1AINT WEED CONTROL \ RECYCLING J TOTAL PUBLIC WORKS PARKS AND RECREATION ECONOIHC DEVELOPHENT UNALLOCATED OTHER FINANCING USES 318,690.00 180,815.00 25,670.00 19,650.00 43,160.00 13,680.00 73,775.00 24,380.00 8,630.00 40,115.00 748,565.00 283,772.00 22,160.00 53,900.00 33,000.00 TOTAL GENERAL FUIID EXPENDITURES 2,828,334.00 ------------ ------------ Year to Date Percentage Actual Remaining -------------- ---------- 6,323.02 98 28,390.02 84 288.92 98 100 1,468.81 96 100 252.74 99 1,750.37 92 123.77 98 3,229.21 91 ------------ 41,826.86 94 20,290.70 92 3,228.62 85 127,590.00 (136) 2,500.73 92 ------------ 388,168.13 86 ------------ ------------ CITY OF ANDOVER YEAR TO DATE Srn~1ARIES GENERAL, WATER, SEWER AND CENTRAL EQUIPMENT FUNDS As of 28Feb94 SEW E R FUN D REV E N U E S ------------------- ------------------- SEWER CHARGES INTEREST REFUNDS AND REIMBURSEHENTS TRANSFER FROM SEWER CONN. FUND TOTAL SEWER FUND REVENUE SEW E R FUN D E X PEN S E S -------------------- -------------------- COLLECTION Metropolitan Waste Control Other Expenses ADMINISTRATION TOTAL SEWER FUND EXPENSES : Revised Budget Year to Date Percentage Actual Remaining --------------- -------------- ---------- 563,300.00 6,000.00 2,971.78 99 100 30,500.00 100 599,800.00 2,971.78 99 ------------ ------------ ------------ ------------ 362,880.00 90,720.00 75 140,770.00 3,989.07 97 96,150.00 6,500.90 93 ------------ ------------ 599,800.00 101,209.97 83 ------------ ------------ ------------ ------------ CITY OF ANDOVER YEAR TO DATE SUMMARIES GENERAL, WATER, SEWER AND CENTRAL EQUIPMENT FUNDS As of 28Feb94 Revised Budget Year to Date Percentage Actual Remaining CENTRAL EQUIPMENT FUND REVENUE ---------------------- ---------------------- CHARGES FOR SERVICE EQUIPMENT RENTALS 166,770.00 100 TOTAL CHARGES FOR SERVICE 166,770.00 100 MISCELLANEOUS REVENUE INTEREST EARNED SALE OF USED EQUIPHENT REIJ.IBURSEHENTS USE OF WORKING CAPITAL 2,000.00 100 TOTAL HISC REVENUE 168,770.00 100 TOTAL REVENUE 168,770.00 100 ------------ ------------ ------------ ------------ CENTRAL EQUIPMENT FUND EXPENSES ---------------------- ---------------------- PERSONAL SERVICES OPERATING SUPPLIES & HAINT INSURANCE CONTRACTUAL SERVICES CONTINGENCY CAPITAL OUTLAY TOTAL FUND EXPENSES 41,560.00 6,674.55 83 76,200.00 3,427.65 95 18,500.00 100 16,800.00 1,807.75 89 15,710.00 4,003.15 74 ------------ ------------ 168,770.00 16,334.60 90 ------------ ------------ ------------ ------------ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE , MARCH 14,1994 ITEM f\O. 1994 CAPITAL EQUIPMENT BUDGET KEVIN STARR PARKS DEPT, SUPERVISOR AGENDA SECTION f\O. CONSENT AGENDA I NON-DISCUSSION ITEMS ORIGINATING DEPARTMENT Tl-fE FOLLOWING IS Tl-fE PROPOSED 1994 EQUIPMENT PURCHASES FOR FIVE AREA PARKS IN ANDOVER, CrN HALL 1lE9632 #6056 #325 #6051 PAGE 32 PAGE 70 PAGE 90 PAGE 71 DURASCAPE 2-SEA T SPRING RIDE MERRY-GO-ROUND. 2-SEAT DINOSAUR SPRING RIDE TIMBERS AND SAND SUBTOTAL $ 7,000,00 $ 540,00 $ 921.00 $ 743.00 $ 800.00 $10,004.00 .... --.................. -- -.... --.. --.......... --.. --...... --...... --.. -- --.... --.... --........ --.. --................ --- -........-.. --.. --.. --............ .. --.. --.......... -- --....-- HIDDENCREEK NORTH #8116 PAGE 96 6-SEA T SWINGSET SEATS AND HARDWARE 94' X 50' BLACKTOP COURT HEAVY-DUTY BASKETBALL POLE, BACKBOARD AND NET WASH SAND SUBTOTAL $ 494,00 $ 450.00 $ 1,000.00 $ 475,00 $ 200.00 $ 2,619.00 -----...----------------------..--------------------------------------------------------------------------------------- HAWKRIDOE #8116 PAGE 96 6-SEAT SWINGSET SEATS AND HARDWARE 2-SEA T SPRING RIDE SUBTOTAL $ 494.00 $ 450,00 $ 540.00 $ 1,494,00 #6056 PAGE 70 -------------------------------------------------------------------------------------------------------------------- CREEKV1EW CROSSING HEAVY-DUTY BASKETBALL POST, BACKBOARD AND NET SMALL BLACKTOP COURT SUBTOTAL $ 475,00 $ 525.00 $ 1,000.00 .. --.................. --.. -- --...... --- -- -- --.. -- - -- - ---- - -- -- - - - -.- - - - - --- - - -- - - - _. - -- - -- - - - -- -- - ---- - --- - - -- - - --- - - - --- - - - - -- - --- MEADOWS OF ROUND LAKE 1J10203 tlP8116 16056 #257 POWERSCAPE SWINGSET SEAT AND HARDWARE TWO-SEAT SPRING RIDE ONE-SEAT SPRING RIDE TIMBERS AND SAND SUBTOTAL .$2,000,00 ALLOTTED FROM THE PARK DEDICATION FUND, $ 7.226.00 $ 740.00 $ 450.00 $ 540.00 $ 360.00 $ 600.00 $ 9,916.00. ------------------------------------------------------------------------------------------.------------------------- BENCHES AND TABLES TREES TAXES AND SHIPPING SUBTOTAL LESS AMOUNT ALLOTTED FROM THE PARK DEDICATION FUND TOTAL AMOUNT $ 5,000.00 $ 1,500.00 $ 400.00 $31,923.00 /$ 2.000.001* $30,007.00 WE REQUEST AUTHORIZATION TO PURCHASE THIS EQUIPMENT FROM THE PRE-AUTHORIZED 1994 PARKS DEPARTMENT CAPITAL EQUIPMENT BUDGET. \'lOTION BY: TO: J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Aori1 5. 1994 AGENDA t-O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Consent/Non-Discussion ITEM t-O. Admin. Approve Assessment Abate- ment/15955 Uplander st. v. Vo1k ~.6. BY: ~ ~9. The City Council is requested to approve the attached abatement of special assessments for 15955 Uplander street N.W. (PIN 15 32 24 32 0009) for Project 91-10. A refund of the specials paid in 1992, 1993 and one-half of 1994 will also be required. An incorrect Property Identification Number was used thereby certifying the assessments to the wrong parcel. The correct PIN was 1532 24 31 0009 (16028 Quinn street N.W.). Attached is a copy of the abatement application. A Council motion is required for approval. MOTION BY: SECOND BY: TO: Form No, 1273 - Commissioner 01 Revenue Abatement Form 4 (Rev. 5190) Poucher, Mpls, APPLICATION FOR ABATEMENT. GENERAL FORM (M.S. 375.192) / .. 1i '6 ::l 0( ,., 'E il ci uz For Taxes levied in 19_ o ,., c il u and Payable in 19_ Please print or type. Applicant"sName r- i t~.. g f ^ R d g.... g r Applicant's Social Security Number Telephone (WOll<) (6 1 2 ) 7 5 5 c; 1 n 0 Telephone (home) ( ) Applicant's Mailing Address 1685 Crosstown Boulevard' NW. Andover, MN 55304 DESCRIPTION OF PROPERTY I Property I.D. or Parcel Number: Street Address Qf different than above) 15 32 24 32 0009 City or Township School District No. 15955 Uplander St. NW LEGAL DESCRIPTlON OF PROPERTY: The south ]00 feet of of the west one-half in Anoka County, MN Andover 11 the north 860 feet of the east 322.99 feet of the NW ] /4 of the SW 1/4 of Sec. 15-32-24 ASSESSOR'S ESTIMATED MARKET VALUE: L=d $ SlnJctures $ Total $ . Class APPUCANrS STATEMENT OF FACTS: Property was incorrectly assessed in 1992. APPUCANT'S REQUEST Abatement of special assessments certified to 1994 property taxes under County Fund Number 1930. Applicant's Signature Date nOTE: Minnesota Statutes 1988. Section 609,41, "Whoever, in making any statemenl oral or wrillen, which is required or authorized by law to be made as a basis of imposing. reducing, or abating any tax or assessmenl intentionally makes any statement as to any material mailer which the maker of this statement knows is false may be sentenced. unless otherwise provided by law, to imprisonment for not more tnan one year or to payment of a fine of not more than 53.000. or both." / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE APRIL 5, 1994 AGENDA f\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA CONSENT AGENDA/NON-DISCUSSION T'T'RM ~RANK STONE )UBLIC WORKS SUPE~I~ ITEM f\O. AWARD STREET SWEEPING QUOTES ..30. THE CITY COUNCIL IS REQUESTED TO AWARD THE STREET SWEEPING BID TO MIKE MCPHILLIPS, INC. WE SENT OUT REQUEST FOR QUOTATIONS FOR 1994 STREET SWEEPING. WE RECEIVED THE FOLLOWING THREE QUOTES: MIKE MCPHILLIPS, INC. ALLIED BLACK TOP COMPANY CLEAN SWEEP $58.75/HR PER MACHINE $59.90/HR PER MACHINE $59.95/HR PER MACHINE MIKE MCPHILLIPS, INC. IS THE LOWEST QUOTE. HE DID A VERY GOOD JOB FOR THE CITY IN 1993. DEPENDING ON FAVORABLE WEATHER, HE CAN START SWEEPING APRIL 18, 1994, IF APPROVED. THE PAST YEARS' STREET SWEEPING RECORDS ARE AS FOLLOWS: TOTAL YEAR NAME HOURS S/HOUR TOTAL 1993 MIKE MCPHILLIPS, INC. 346 $58.75 $20,327.50 1992 METRO SWEEP 437 $50.00 $21,844.00 1991 ALLIED BLACK TOP CO. . 232 $55.00 $12,787.50 1990 ALLIED BLACK TOP CO. 284 $55.00 $15,592.50 1989 GORECKI & COMPANY 324 $49.50 $16,000.88 1988 KNUTSON KLEAN SWEEP 162 $48.00 $ 7,776.00 I FULLY RECOMMEND MIKE MCPHILLIPS, INC. AT A RATE OF $58.75 PER HOUR PER MACHINE FOR AN ESTIMATED 450 HOURS DURING THE 1994 STREET SWEEPING SEASON. THIS MONEY IS FULLY COVERED IN THE STREETS AND HIGHWAY BUDGET. MOTION BY: TO: ~ ~ r 'n SWEEP F'r. ir: tE'c:1 (i::::;;, 1 E~ /. c;:'.q !!\'I~I<.\A\,!~L~ CLEAN SWEEP, INC, 13480 PIONEER TRAIL EDEN PRAIRIE, MN 55347 PHONE: 941-1440 FAX: 941-5270 5"0'" Plowu", AJ~iuio. of A."l.k... ~ "MXfI"'.....~ '~.oo~ ,~ J PROPOSAL TO: r-ANDOVER, CITY OF ATTN: FRANK STONE 1685 CROSSTOWN BLVD ~)NDO\"ER, f1N =',::,303 I H Mimwta "1I"~tr'J ud Ludscape Asseciati.. . ~ "OFFER: This Proposal is subject to the terms and conditions printed on the reverse side and attachments. if any. This "Proposar~ is valid for a period of 30 days from the proposal date shown below, unless another period is indicated and this Proposal has signed by an authorized officer of Clean Sweep, Inc. ('Clean Sweep')." .. ACCOUNT SLS. PURCHASE CUSTOMER CONTACT . PHONE NUMBER COMPCODE PROPOSAL JOB . . ORDER NUMBER . DATE NUMBER ')5009 08 FF:ANK STONE 7::,5-8118 000000 03/18/94 101 QUANTITY DESCRIPTION UNIT PRICE EXT. AMOUNT PaOE> 1 of 1 05009-101 2-4C CITY OF P,NDOVER VARIOUS LOCATIONS ANDOVER, MN 55304 FRANK STONE 755-8118 ** PROPOSAL HOURLY RATE BASIS ** ** PROPOSAL STREETS & ROADWAYS SWEEP ** 1.00 ELGIN POWER SWEEPER/PER HOUR -PER MACHINE -ANDOVER TO PROVIDE DUMP TRUCKS AND WATER . SWEEPER WE HAVE 8 LATE MODEL ELGINS AVAILABLE 1-300 FOR 59.95 59.9::, f2J~ <<5)({j %g~ ~~ i" Sl ~J Read 'Terms & Conditions of This Proposal" on reverse side, \CCEPTANCE: This Proposal, including the terms and conditions printed Ih~ reverse side and attachments, if any, is hereby accepted. (I) (We) :nonzed the performance of the work indicated above and agree that the terms :1 conditions of the Proposal now constitute a binding contract. The terms and "ldltlons of any purchase order or other confirming documentation which we 'v issue, shall not modify the terms of this contract (the 'Contrac!')." THE PROFESSIONALS CHOICE SINCE 1959 '\lED/TiTlE DSWEEPING DIRRIGATION D SCRUBBING D RETAINING WALLS D LANDSCAPING D SNOW PLOWING DSALT/SAND DPATCHING D SAFETY SAND BARRELS D STRIPING DICE MELT MATERIALS DATE ORIG~'\t\L PF'~F.:'~ l ~ ALLIED BLACKTOP COMPANY BITUMINOUS CONTRACTORS March 14, 1994 City of Andover Frank Stone City Public Works Department 1685 Crosstown Boulevard Northwest Andover, MN 55304 Dear Mr, Stone: Thank you for the opportunity to submit a quotation on your 1994 Street Sweeping. We respectfully submit the following: Elgin (Pelican) 1980-1988 Street Sweepers. Our 1994 rate is $ 59,90 per hour, Currently, our spring sweeping schedule is such that we would be able to provide you with brooms in late April or early May, This is based on an early notice to proceed, The personnel that operate these machines are professional, They have the ability to repair and maintain their own machines, Most of our operators have been with Allied for many years. Their primary duty is running brooms and sweepers, Our brooms are late model, top conditioned, and professionally operated, Allied has an excellent performance record, Thanks again for the consideration you have given Allied, Sincerely, . (;';L h2a.~.-. Daniel A. Smith Allied Blacktop Company 10503 89TH AVENUE NORTH, MAPLE GROVE, MINNESOTA 55369 PHONE (612-425-0575) FAX (612-425-1046) .. ?nikeMcPHILLIPS, INC. " Commercial Sweeping. Snow Removal. Industrial Sewer Cleaning March 20, 1994 Mr. Frank Stone City of Andover 1685 Crosstown Bou1evard Andover, MN 55304 RE: Street Sweeping Dear Mr, Frank Stone: I would like to place a bid to sweep the city of Andover. I propose to use Elgin Pelican sweepers at a rate of SS8.75 per hour. A certificate ofinsutance coverage will be sent upon your request I appreciate the opportunity to pIac:e this bid. If you have any questions, please feel free to call. Sincerely, .pt~ A:. ~_ Michael R. Edge Vice President 207 West Water Street. Saint Paul. Minnesota 55107 . (612) 227-5932 -' CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE April 5, 1994 AGENDA t\O. SECTION Consent Agenda/ Non-Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM N:). Receive Petition/ Hartfiel's Estates Todd.J. H~as, ^' Eng1neer1ng ;(Y'n B~ ...3 I. The City Council is requested to approve the resolution declaring adequacy of the petition and orderering a feasibility report for the improvement of sanitary sewer, watermain, street and storm drain, Project 94-6, in the Hartfiel's Estates area. The residents have petitioned for the improvements of sanitary sewer, watermain, and streets. storm sewer will be necessary for the area. Total number of lots within Hartfiel's Estates - 56 Number in favor of improvements in Hartfiel's Estates - 28 Number against - 17 Unavailable - 11 Other Comments 1. Block 1, Lot 1 is owned by the City of Andover. 2. The approximate west 50 feet has been split off from Block 4, Lots 5 & 6 and combined with the property known as Heil's property therefore making Lots 5 & 6 non-conforming lots which appear to have been combined as one lot for tax purposes. In addition, a home exists on Lot 6 and has driveway access to Andover Boulevard. 3. A preliminary plat known as Sharon's 2nd Addition has been submitted to the City for review. Eight (8) lots are proposed. CONTINUED MOTION BY: SECOND BY: TO: ! 4. A preliminary plat known as Fox Woods will be submitted to the City in the very near future for review. Note: It appears the timing is good to do these as one project to reduce improvement costs. A feasibility report will be prepared as soon as the preliminary plats have been reviewed and petitions submitted for Sharon's 2nd Addition and Fox Woods. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN PROJECT NO. 94-6 , IN THE HARTFIEL'S ESTATES AREA. WHEREAS, the city Council has received a petition, dated March 30, 1994 , requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared adequate. 2. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council a feasibility report. with MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 5th day of 19 94 ,with Councilmembers April voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - city Clerk u ~I --- ,,-, en 0)8 . , Z ..Y.'~'.F~.~~r W <t: /f~ -' :I: ,'tJ)9 . C) (/! , /0 <t: W ~ , ~~ ; .'/ , " ~, z' .... .... ..~ '" /d, /" LN. N.w. "',...~ /~ /I' ~ I .110 I 7.J~1 ,~ I (JJ) , (Jt) :~ " ~! 6 ~, . 5 , (ft-~" , /." 75 ,-- ;E~"r /'7,., '" ~ ~ ~ " ~' . ~ 60 6'C ","" 4'() \, ,A''''~ '~"~\i '10 ~~ ~~ ~t ;"'l~ ~ ~ .J) ~; 4 : ~ ~"l ~~I~ f..'1 ~1;:7 '\l '- (.~ i '- (.,) ':: "(~./~! ..1/ "\71) " ... ~"'U"~i"'" ~ _.. ~I", or - ex> I'- 0 , on Z , CD en .,. ~ ~ d 3= z :I: (f) (!) UJ ...J :I: ~ ..... ..... ,... ,t Q '" " ... 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""IJ, J" .JI ( NO .11 P, 4 CITY of ANDOVER nECElVED Gentlemen: MAR 3 0 1994 CITy Ur h''ojuuVER Date: 3- ~~ No. ~'I-b " We, the undersigned, owners of real property in the following described' area: ,I! tfff ~;'.e( E Sid f-e~ do hereby petition that s Construction of City and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. .;# 0012... ~ ADDRESS ~"2.8 IvoTC: '1,0\) ) I c (JOlt) CO~'" OO'S'j OD'f. ~ co 3~ <. ~ co'lO .J ,_'c.:.l.., , o"z"!...,) :: This petitioI!was circulated by: Address: Q ) 4 f'E> 3 2 !fJ1 dtJ V t'/'" J m /Jt: FROM ANOKA-EDINA 03.28.1'3'34 13:17 flO .11 P. 3 CITY of ANDOVER RECEHlED MAR 3 0 1994 Date: ,5 -., 'I No. Gentlemen: CITy Lir t-\I~LJ\JVER We, the undersigned, area: Har/r: /e- ( . owners of real property in the fOllowing described E ~ TATf;2S do hereby petition that said. portion of said area he improved by Construction of City [p a ~r j .5 c.. W -e r- CL/ld lS/af!,K hp:::, &! Ill' J S' tI f -(V\ <!~ 5 It' c...ef S'. . and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO 0&;5-G ~ ~d~ ~~ ( 5-1 1.. - 2, ,'1.11 /7 ZJ 2S""" -'; I ""S /LI ~D 2C;, e. Iv.', A- NetJ ver I m 11 .5~30.3 J :;1./ q., 7; ~. l?{ s-..;.. i-"'z,!.j,(;,JI8.z.o 3 .,;.?: ~ ~ 2:) ~ c ~ This petition" was Address: .\- tKUn HNUKH-tU1NH 03,28.19'34 13:16 flO, II P, 2 Gentlemen: CITY of ANDOVER RECEIVED MAR 3 0 1994 CITy I..JI'" I'"\l'wOVER Date: ~-qt{ No. We, the undersigned, area: ,;ftl r- f -f/' e,/ owners of real property in the following described' ~ <:' f- 4.'/ e-> , do hereby petition that by Construction of City (-;1-1-/1/"1 d < fir ~(!t!!). 3/'r eels and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. .3 SIGNATURE OF OWNER ""T$ .....t:. L ----:? cC61 -'" ..<.:It ~ l\ DESCRIPTION YES NO 9.~~ @J I ooze> ~ ~'.3.,? ~ c:03e;J 00<13 7 '~ oO'l~.) -'? ~~~_ OOOb ~ 00077 oo~8 -;JP ooZG. '. / This petition was circulated by; Cia/' ,..eS Address :...fSJ J L/ 9' S"2, 7Cif_ Au~, N w A-M J u <1-V'.J fYJ-/J- 5G 5 d"3 " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 AGENDA t\O. SECTION Consent Agenda/ Nnnnni ; nn Tt-pm ORIGINATING DEPARTMENT ITEM t\O. Accept Easement/91-14/Neas Todd J. Haas,~ Engineering APPROVED FOR AGENDA B~ J~. The City Council is requested to accept the Quit Claim Deed for a perpetual easement for storm sewer drainage and ponding purposes located along 168th Lane NW, project 91-14. MOTION BY: SECOND BY: TO: Form No. 28.M-QUlTCLAIM DEED Individu.l (slto Corpor.tion or P.,.tn.rship Minnesota Unllorm Conveyaneln. Blanb (1978) Md'er-OevlI Co . M,"nll.palls No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No, ,19_ County Auditor by Deputy EXEMPT STATE DEED TAX DUE HEREON: $ Date: ,19_ (reserved for recording data) FOR VALUABLE CONSIDERATION, Duane L. Neas and Patricia A. Neas, husband and wife ,Grantor (sl, (marital statusl hereby convey (sl and quitclaim (s) to the Ci tv of Andover a municipal corporation real property in Anoka under the laws of Minnesota County, Minnesota, described as follows: , Grantee, See reverSe side for complete legal. "'.__.~- together with all hereditaments and appurtenances helonging ere . r:J,. U 6719-, ?&7 ~Dua~e ~. Neas 7h/~//J tl~~~ Patricia A. Neas Affl' Ill'I'd TaX' Stamp IIt're STATE OF MINNESOTA COUNTY OF AN(lK2\ } u, The foregoing instrument was acknowledged before me this .;</ ~/ day of Yl-vl "vr"'" by Duane L. Neas and Patricia A. Neas. husband and wife ,1~, , Grantor (s), NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) ..1'1'"'....66.. ~ .~ ~ ..."\II66....~.6...............,,,. 1~-4'" S~'RI.EY A. CUNTON......' . .', ~OTARY PUBLIC-MINNESOTA . ANOKA COUNTY My COIIJI1IS1'on Ex"".. Cd. 12, 1m .~. ,.J-~.../~ [( u-: ". 'x,-.- SIGNATU OF PERSON TAKING ACKNOWLEDGMENT Tax Std.lII.nte for tbe r.al p...oP....ty detertbed In tbl. tnltnunent abould be ..nt to (Include name and addreu of Grantee): : THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):: I ! I I , I City of Andover 1685 Crosstown Blvd. Andover, MN 55304 Burke and Hawkins 299 Coon Rapids Blvd., Coon Rapids, MN 55433 n01 I I ., I I I I I I I I A permanent easement over that part of the following described property I The North 297 feet of the Southwest Quarter of Section 9, Township 32, Range 24, except the West 2250.2 feet and except the East 33 feet thereof, in Anoka County, Minnesota. Said easement is described as follows I A perpetual easement for storm sewer, drainage and ponding purposes over, under and across the above described property I Commencing at the southwest corner of said property; thence East along the South line of said property a distance of 45 feet to the point of beginning of the easement to be described; thence deflecting to the left at right angles a distance of 26 feet; thence deflecting 42 degrees 30 minutes to the right a distance of 132 feet; thence deflecting 29 degrees 30 minutes to the right a distance of 159 feet; thence deflecting 18 degrees to the right a distance of 79 feet, more or less, to the East line of said property; thence South along the East line of said property to the southeast corner thereof; thence West along the South line of said property to the point of beginning and there terminating. NOTICE Anoka, 19_, Datedl IS HEREBY GIVEN that the City of Andover, County of State of Minnesota, has accepted on the above described easement in this document. 19_ CITY OF ANDOVER (SEAL) By Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 AGENDA r-.o. SECTION Consent Agenda/ Nnn-n; !':",,!':!':; nn Tt-.'m ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM r-.o. Receive Petition/94-5/ SuperAmerica Addition Todd.J. H~as, ~ Englneerlng ~ ~. The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer, watermain and storm sewer construction for Project 94-5, in the SuperAmerica Addition area. MOTION BY: SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, AND STORM SEWER PROJECT NO. 94-5 , IN THE SUPERAMERICA ADDITION AREA. WHEREAS, the City Council has received a petition, dated March 17, 1994 , requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1,000.00 3. The proposed improvement is hereby referred to TKDA and is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular Meeting this 5th day of 19 94 , with Councilmembers April voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - city Clerk \ / Qar5' '\ ~~~ SUPERAMERICA @ SuperAmerica Group, Inc. 4050 River Rd. Cincinnati, Ohio 45204 (513) 347-1294 " March 17, 1994 "" 1'C' .-. ~ 1T'~1""" '" K.R~~~~~~-OrfJl l .'~~.i..'J MAR 2 5 1994 Mr. Todd J. Haas Assistant City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, t~J 55304 CITY Uri-\I'iu!j\/I::R Dear Mr. Haas: SuperArnerica Group, Inc. does hereby petition for improvements by the construction of water main, sanitary sewer and storm sewer with the costs of the improvement to be assessed against the benefiting property which is described as: SuperArnerica Addition Said petition is unanimous and the public hearing may be waived. We request that a feasibility report be prepared as soon as possible, We have enclosed a check for $1,000.00 for the feasibility report expenses. (THE $1,000.00 WILL BE CREDITED TOWARD THE IMPROVEMENT). Sincerely, ~0.cr~ Andrew J. Priolo Land Use Specialist \ AJP/jwd SUBSIDIARY OF ASHLAND OIL, INC. -' DATE April 5, 1994 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA tIO. SECTION ORIGINATING DEPARTMENT ~ Todd J. Haas, Engineering Consent Agenda/ Nnn..n; <'~',!':!':i nn Tt-",m ITEM r-.o. Approve Change Order #1/ Commercial Blvd./92-27 \0.31. APPROVED FOR AGENDA BY~ The City Council is requested to approve the resolution approving Change Order #1 for Project 92-27 in the area of Commercial Boulevard. staff recommends approval of the change order. MOTION BY: SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. THE AREA OF COMMERCIAL BOULEVARD 92-27 IN WHEREAS, the City of Andover has a contract for Project No. 92-27, Commercial Boulevard with Forest Lake Contracting of Forest Lake, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve Change Order #1 for Project No. 92-27. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 5th day of April , 19 94 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CHANGE ORDER TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners Saint Paul, MN March 30. 19~ Comm. No. 10340 Change Order No. ~ To Forest Lake Contracting Commercial Boulevard NW MSA Utility and Street Improvements for ~qAP 198-117-01. City Project 92-27 for Ci~y of Annovp-r~ Minn~~ota You are hereby directed to March 15. is subject to all contract (increase) (eee"ease) (RoQI;: Six Hundred Sixty-four and make the following change to your contract dated , 19~. The change and the work affected thereby stipulations and covenants. This Change Order will QbARo98) the contract sum by Eleven Thousand 00/100---------------Dollars ($ 11.664 00 ). This change order provides for the following: Add the following quantities to the contract. Item No. Descri9tion 06-2503.541 12" RCP Storm Sewer 12-2503.541 27" RCP Storm Sewer 17-2506.509 Cone Type Catch Basin 04- 8" PVC SDR 35 10-12' 08- Construct 4' Diameter Manhole 03- 8" DIP Class 50 Watermain 05- 12" DIP Class 50 Watermain 07- 8" MJ Gate Valve 09- 12" MJ Butterfly Valve Remove and dispose of existing fence located along the south right-of-way of Commercial Boulevard Ouantitv 60.0 LF 66.0 LF 1.0 EA 132.0 LF 1.0 EA 858.0 LF 666.0 LF 1.0 EA 2.0 EA 1300.0 'LF Total Added to Contract Deduct Item No. 04- 08- the followina auantities from the contract: Description 10" DIP Class 50 Watermain 10" MJ Butterfly Valve Ouantitv 1,479.0 LF 3.0 EA Total Deducted from Contract NET CHANGE ORDER Unit Price $16.50 29.50 850.00 15.50 1,100.00 13.00 18.50 525.00 800.00 3.65 Unit Price $16.00 650.00 ADD Amount $990.00 1,947.00 850.00 2,046.00 1,100.00 11,154.00 12,321. 00 525.00 1,600.00 4.745 00 $37,278.00 Amount $23,664.00 1.950.00 $25,614.00 $11,664.00 Amount of Original Contract Additions approved to date (Nos. $ 687.088.00 $ 0 00 $ 0.00 $ 687.088.00 " $ + 11. 664.0(1 $ 698.752.00 Deductions approved to date (Nos. Contract amount to date Amount. of this Change Order (Add) (Ekdl1ct:) (UoL Changl'".d) Revised Contract Amount Approved CITY OF ANDOVER. MN Owner By Date Approved FOREST LAKE CONTRACTING Contractor By Date / \ J -2- White - Owner* Pink - Contractor* CITY of ANDOVER STEPS TO VOTE ON BOND ISSUE 1. March 30 - Review Preliminary costs/Plans for pending Park Development Needs 2. April 4 - Establish Fiscal Impact 3. AprilS - preview Findings with City Council - Discussion 4. AprilS - Council Directs Staff to Proceed with Additional Findings or Rejects proposal 5. April 5-14 - Additional Information for Council 1. Park Wish/Priority List with Estimated Cost 2. Identify Potential Alternative Sources of Funds 3. Answer/Investigate Council Concerns/Questions 6. April 18 - Council Approval or Rejection 7. April-May - Advertise for Bond 8. June 7 - Bond Election CITY of ANDOVER MEMORANDUM TO: Mayor & City Council COPIES TO: Departments FROM: David A1mqren DATE: April 4, 1994 REFERENCE: MARCH 1994 Monthly Building Report I hereby submit the following report of the Building Department for the Month of March 1994: BUILDING PERMITS 50 Residential (45 Sewer/5 Septics) 2 Additions 3 Garages 5 Chimney/Stove/Fireplace 1 Structural Change 7 Porches/Decks 2 Re-Roof Permits -! Other Permits 71 PERMITS 7l Building Permits 1 Demolition 1 Footing/Grading 1 Renewal Permit 38 Heating Permits 9 Heating Repair 45 Hook Up (Sewer) 42 Plumbing Permits 4 Plumbing Repair 26 Pumping Permits 1 Septic Permit 46 Water Meter 50 Certificates of Occupancy 18 Contractors License 50 License Verification Fee 9 Health Authority Form 45 Sewer Administration Fee 45 SAC Retainage Fee 3 Reinspection Fee APPROXIMATE VALUATION $ 5,03l,000.00 18,400.00 23,600.00 7,911.00 300.00 22,184.00 5,700.00 13,000.00 $ 5,122,095.00 FEES COLLECTED 34,773.00 40.00 15.00 37.25 1,205.00 160.00 70.00 3,976.00 60.00 65.00 35.00 2,300.00 200.00 450.00 250.00 45.00 675.00 360.00 90.00 $ 44,806.25 44,806.25 88,281. 55 5,122,095.00 9,369,411.00 Total Building Department Income--March 1994 Total Building Department Income--YTD 1994 Total Va1uation--March 1994 Total Valuation--YTD 1994 March 1994 Report April 4, 1994 Page Two Total Number of Houses YTD (l994)-- 96 Total Number of Houses YTD (l993)--lll DA/jp DATE: April 5, 1994 ITEMS GIVEN TO THE CITY COUNCIL Planning and zoning Minutes - March 8, 1994 Special City Council Minutes - March 10, 1994 City Council Minutes - March 15, 1994 Park and Recreation Minutes - March 17, 1994 Personnel Minutes - March 18, 1994 Planning and Zoning Minutes - March 22, 1994 Letter from John Davidson, TKDA - March 17, 1994 Letter from Julie Lassonde, League of MN Cities - March 24, 1994 State of MN in Court of Appeals Fire Department Information The Springsted Letter Coon Creek watershed District 1993 Annual Summary February 1994 Anoka County Sheriff Report Windschitl vs. City of Andover What's Happening Timber Meadows 2nd Preliminary Plat Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. ~ c,c 4-5- Y TKDA TOl12, KINO. DUVAll. ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS. ARCHITECTS. PLANNERS 1500 PIPER JAFFRAY PlAZA ..... CEDAR STREET SAINT PAUl. MINNESOTA55101-2140 PHONE:e12f.ZD2-4l1OO FAX:812J2g2-OO83 March 17, 1994 Honorable Mayor and City Council City of Andover, Minnesota Re: Regular Council Meeting Tuesday March 15, 1994 Commission No. 10403 Dear Mayor and Council: The following are engineering matters discussed and action taken at the Regular Council Meeting held Tuesday, March 15, 1994. 1. Consent Agenda: The Council passed by unanimous vote approval of items without discussion as follows: A. Project 92-27 - Commercial Boulevard - Comm. No. 10340 The Council by resolution awarded the project contract to the low bidder, Forest Lake Contracting Company in the amount of $687,088.00. B. Proiect 93-30 - Bunker Lake Boulevard Fronta~e Road - Comm. No. 10581 The Council by resolution received the Feasibility Report and set a date for public hearing of Apri15, 1994. 2. Developers Contract Amendments to Policy The Andover Review Committee (ARC) has recommended conditions be placed in developer contracts to control authorized use of City utilities in new subdivisions; control of grading requirements; surface water management and tree removals. Representatives of developers and building contractors expressed concern over the proposed amendments. Council Action: TIle Council directed that the developers submit their concerns and suggested solutions in writing to the City. They further recommended that representatives of the developers and builders group meet with representatives of the City staff and Council prior to the next regular meeting. Any action by the Council was delayed to the next regular Council meeting. .,. -. Honorable Mayor and City Council March 17, 1994 Page 2 3. Project 93-9 - Xeon Street Storm Sewer - Comm. No. 10403 Project 93-5 - Winslow Hills - 3rd Addition - Comm. No. 10365 A letter was sent by the City Attorney dated March 8,1994 to Winslow Hills Properties advising default in development agreements. The letter was sent following a special meeting with Mr. Holasek on March 7,1994, (re: March 7, 1994 letter to City Council from J. Davidson). Positions were discussed relative to resolution of location and design of the Xeon Street Storm Sewer and control of Oak. Bluff Pond. Council Action: The City Council deferred any withholding of building permits until a review is received at the next Regular Council Meeting April 5, 1994. The City Engineer and staff were directed to work with the Winslow Hills Properties to resolve differences. The meeting was adjourned at approximately 11:30 P.M. Sincerely, ~ C,G 94 ~,5' ' League of Minnesota Cities 3490 Iaington Avenue North St. Paul, MN 55126-8044 (612) 490-5600 March 24, 1994 Ms. Rosella Sonsteby 4151 141st Avenue NW Andover, MN 55304 RE: BRS File No.: Trust Members: 11003819 and 11003848 Cities of Anoka and Andover Dear Ms. Sonsteby: On behalf of the City of Anoka and the City of Andover, I have looked into your concerns regarding the snowmobiling in your area and also the damages to your property. The City of Anoka and the City of Andover both have rules and regulations concerning snowmobiling within their Cities. If a snowmobiler fails to abide by those regulations, and causes some type of damage, the Cities are not responsible for the actions of the snowmobilers. We regret that you had to take the ditch to avoid a snowmobiler and that they have been in your rye field. However, the City is not the negligent party nor would they be responsible for any damages you may have sustained. Therefore, we would not be able to make any payment to you under either City's insurance coverages. I must respectfully deny any claim you are seeking. You did state in your correspondence that parents know their children are causing problems. However, the City is not responsible for these children. Their families are. If you should have any questions, please do not hesitate to contact me. Sincerely, Julie Lassonde Claims Adjuster JL:rbe/3819-AND.DL cc: Vicki Volk, City of Andover Sue Dilcher, City of Anoka Associated Insurance Agency T.C. Field & Co. MAR-16-0;'4 ~. I L-J E D 22 =1214 ANUA,RY 14 I~4 prosecutiOll of Qu~de's cIJiltls. Thus, Qu~de presented sufficienl SUPPOrt (or its deposirion co,ts, and the court did not abuse ils discretion in awarding these COStS. DECISION The trio I COUll erred In lmerprecing the o!fer~ountero{fer provisiOtl of Minn. Stat. ~ $49.09. subd. I(b) (1992) as te'luirir.g S<:llkment oUe" to be held open {or 30 days. The trim COUrt llCCed within its discretion in awarding COSts lIIld disbursements co Qu~de bec~use 3M waived ils righl to an evidentiary hearing on the re.:lson"bIClle$S of Quade's requested costs and disbursementS. Rc,-erxd In put, .mnned In p.olrt. NORTON', Judge (d-ntlns) I respectfully diS3enl 011 the prcverdIct imercsllssue. Johnsoll v. Kromllout, 444 N_ W.2d 569 (Minn. App.1989),ls distinguishable from Ihis case. There, this COUrt addressed the issues ot waiver. by a parly's failure to re:spond to a S<:ttlemenl offer Within Ihe time period provided by lhe preverdicl Intete:st statute and the effect a future counteroffer has on the C:llcu!atJon of preverdict fntereSL Id, 81570-71. Here, the I$SUC is whether offcl'3 and COUnteroffers must be held open for the entire period (or response provided by Mlnn. Stat. f 349.09. subd. 1(b) (1992) (30 days). r thuu: the appropriate ans~r Is yes. . 3M atlempu to di3tinguisll "time {or response, · which 3M admits the statute addres.ses, With the ti~ period during which all offer is held open. Under traditional contlllCl law, t~re is no distinction. lfa party, 1I3 here, hold, an offer open for only 14 days and the ol~r p;lrty allempl:S to l'e3pond on day 15, t~ acceptance or counteroffer is Invalid. ~ CaUendq'.... Ka!Qeaer, 289 Minn. 532, 533, 184 N.W.:2d 81I, 812 (1911) (w!lq-e lbe offeree failed 10 xcept within the lime period provided by the offeror, no legally enCorceable COntract resulted from theofferoe's hller attempted acceptance); see IIW Reslalement ($ea)nd) 0( Contracts H 35(2), 36(b), 41(1) (1981) (a conlraCl cannot be created by PO:epll1nce of an offer nfter lhe powero(acc.eplance has been terminated by lapse of time which may be specified as a conditiOll In tile offer). The "time for re:sponse" then Is the amount of time thaI the offeror holds the offer open. The Slalute Cltp=ly provides thaI the oUere.: "may" accept or COunler "within 30 days.' This court shOUld read "may" to metlll the offeree may choose llOl to respond to . Senlemenl oftet :IS KromhoDt insll'Ud3, but if tho offeree does choose 10 respond, thaI ~ly bas 30 days. The majority's opioion simply reads"30 days" out ot lhe statute, which Is conlnry to our role la interpreting SfUMes. See Minn. Stat. ~ 645.16(1992) ("Ihe letlCrofthe law shall DOl be disreg~ under the pretl::l:t of punuing the spirit"), Be. ca~ llCither party C;ittended aa offer which was beld open for 30 days. I would find that the offer-counteroffer exception of Minn. Stat. ~ 349.09, SUbd. 1(b) dor:$noc apply. Cokora Counl)' Sd!ul1llcher,ludge Dislrict Court File No. C9927866 R. A. Pulnlm .l ^-"oc:iales, Ine., Cl 11.. . lohn F. aannig;n, Jr. lames J. Hanlon Bannigln&KeUy,p.A. , 409 Midwcst Federal Building $0 &'1 Fi lib Streel ' SL PlI1I, MN 55101 lames O. Golembo:lc PlelTe N. Regnier lardlne, LogDn & O'Brien 2100 Plpcr JDerray Plaza 444 Cedar Street SL Paul, MN 55101-2160 Rcsf")ndenl3. y. The Cily o( Mendota Heights, Dlkol. County. MinnC30ra, Appellon'. P .. '-21:2 QC- ~-o~4 FINANCEA.'1D COMMERCE ApPELLATE COURTS Eomo,,, riled: ]an..ary 11, 199-' Orfice of Appellate Court, SYLLABUS 1, A municip~liry satisfies the requiremcnt th~t it make 3 COncern. por:lneous record of the basis [or a zoning decision 50 :IS :0 ~void 3 preswnp~io~ that lhe decision was arbitr~ry when it prepares Ite record wllh," a reaSonable lIme of rCJching the d<.'(:;sion. 2. A municipal zoning decision should not be disrur~ if it h~s a ralional basis. Revero..ed. Considered and do:lded by Amund50n, Presiding Judge, Parkcr. Judge, and Schumacher,Judge. OPINION SCH'UMACHER, Judge (HOO. ~Iie M. Metzen, DisCrict Coun Trial Judge) The distric' court ordered appellant The City of Men dot II HeighlS. Dakota County, Minnesota (city), to rezone property, grant 3 COn- ditional use penni!, and approve 4 skelch plan (or the site. The city's motiOll Cor aQ amended Judgment ex a new trial W3.S d<:nied. We reve~. 37 FACl'S In approximately 1957, lhe property in question was zoned low. dcnsity residential (R-1). In 1985, the city approved an 3lllcndmcnt to its Comprehensive Plaa Imended to redesign:lle the property High-Density Residential-Planned Ucil Developmenl (HR-PUD). The Metropolitan Council rejected the amendmenl because of con- cerns aboutllOise from aircraft using Minneapol is-51. Paullnrema_ tional Airport, Io 1987, however, the Metropolit~11 Council approved a similar amendment lIlat changed Ihe property's Com. prehensive Plan designation 10 HR-PUD, Ncverthetes.s, the pmpet'. I)' remained zoned R.I. In 1987 and 1991, commerclal development W1lS proPOsed Cor the property. The city rejeaed the prop<lSllls. Ia Ihe menntime, a 1%'9 Sludy of airport operatlons Indicated significanl chonges in airpon operations had Increased both the number of flightS Over the site and tDe jmp~ of aircraft noise 011 the cil)"s residents. Il1lanu:uy 1992, reslXlndent The ROltlund Company agreed 10 purchase lhe propeny from respondent ItA. Putnam'" AsSOCiatc.'I, rnc. Ronrund planned to bufld 6810wuh0mes on the property, each of which was e:tpected to sell for S8O,00Q..90,OOO. The fOllOWing montl!, Rot/lund asked Ihe cll)' to rezone the property 10 HR-PU'O. grnnr a conditlonal use pennil, and approve a sketch plan. On March 24, 1992, the city's plannlngo:lmmls.slon voted 7-0 to recolllmend lhat Ihe city ~UIl1:i1 deny Rottlund's requests. The commls.slon forwnrded a written rtl;Qmmendatlon 10 the COuncil. wbich condu<:ted hcnri"83 On April 7 ~d April 21, 1992. Minu!~s ;vere lcept,ofboth meetings. Althougll Ro.nlund made some changes Illtbe project design In response to the Clty's concerns, the COuncil rejO:led the request {or 1"e2oning by a 3-2 vote on April 21, 1992. FollOwing the VOle, the city attomey prepared a resolutioa based on his nOles, minules of the planning <Xlmmission and ciry COuncil hearinss, and the documenl$ that had beea filed with the cily. The resolution, which was drllwn In large part Crom the planning commission's writ/en recommendation 10 the council, formalized the city council's findings offset and denial of the rczoning requc:sr. Spec:it'iC:llly, the COuncil found: 1. The proposed projllcl does nol preserve lhe n~lural and scenic gualiliC$ oC Ihe subject areas. 2. The prof")sed projecI does not limir devclopment 10 I ~e ~ppropriale ta the existing terrain and Surroundi n8 land u.se. 3. The Proposed pt'tIlecl does nOI result in an effective and unifiecf treatment ollbe develapmenl f")ssibilities on tbe projcxt sile. 4. The proposed project does nOI harmonize with e,,;st. i~g and proposed developments in the are3SsurrOunding lhe Slle. S. The proposed project has Ihe potentialtQ <lepr/Xi~te surrounding prapc">, values. 6. The proposed projeCl uses prlvale Str/Xts of inop_ MAR-16-94 WED 22:85 .. " FINANCE AND COMMERCE ApPELLATE COURTS EDITION propriate widlhs; the Cily'~ policies encourage, wherever possible, dediCAtion of rub lie str<<1$ .nd roadways, 7. The propolled of sllul parking Cails to comply wilh Section 12.5 $"ubd. 2 of Ihe MendOla HelghlS Zoning Or- dinanca. 8. The AppliCAnt does not now have. linal develop- ment plan for Outlot A of Ihe proposed project, whkll is intended for use as a day tare ceater. 9. ',\obile the City'a Comprc:hensive Plan was changed In 1985 to desi811.te lhis property to HR-PUD, a numbcr of substantial ch.ng~ h.ve taken place in the southeast are. oCthe CilY ~incz th.t time which may render such designa' tion Inappropri.te. The council adopted the resolution at Its next scheduled meeting, on May 5, 1m. Puln:un and Rottlund then brought an action to compellhe city to rezone the property, Issue a conditional use permit, and approve the SKelch plan. The distriet Court Iimired ilS review to the record that W3S before Ihe city council at Ihe dme of the council's decision.1 'While the clSe was ~d.ing. Ihe MolrOJ'OliWl Council approved a city councllamendment to the comPi1:hCZl$IYe pi~n Illst redesignated lIIe subject property Crom HR.PUD to Mlddle.Dewty Residenhal-Plaaned Unit DeVelopment (MR..PUD). In June 1993, the coun concluded thaltbe city's action wll$arbitrary and without factual basis and ordered the city to re:one the property 1m.PUD, grant. conditiOllal use pennlt, and approve the slCetch plan. ISSUE 1. Did the dislrict court err by concluding that the city failed to properly record the basis for its zoning decision 7 , 2. Did the distriet court err by ordering the clly to rezone the property, grant a conditional use permit, and approve the sketch plan? ANALYSIS This court independently examlnes a city's denial of a rezoning request. St. Croix De.... IIIe. Y. City or Apple Vaney, 446 N. W.2d 392, 397 (Minn. App. 1989), pet. tor rev. denied (Minn. Dee. 1, 1989). We do not aceord any special deference to the district court's review of the city's action. Id. 1. Rottlund and Putnam contend that the city's failure to make contemporaneous findings created a presumptlon that the city's aelions were arbitrary. If I city couneil fails to record the basis for I zoning determination at the lime it acts, !be zoning action is presumed 10 he arbitrary. Zylka Y. Clff otCrysta1, 283 Minn. 192, 198, 167 N. W.2d 45, SO (1969). In th~ ,case, the planning commis. sion ,Prepared a written recommendation, the council videotaped ilS he:mngs, and the city took: minutes of the planning commission and city council he:1rings and transcribed the council meetings at which re9Sons for the denial were discUSSed, This was enough to preclude . presumptlon of arbitrariness. See Swanson Y. City ot Bloomington, 421 N.W.2d 307, 312 (Minn. 1988). Even if this record had not been created, the resolution adopted at the May S council meeting was an adequate contemporaneous record. The requirement that contemporaneous findings be recorded prevents I city from ollering "alter.the.fact Justifications . . · unrelated to the actual rta$ons for the initial decision.. Unlprop Manutacturrd HollS. v. City otLakevilIe, 474 N.W.2d 375, 379 (Minn. App. 1991), pet. tor rev. denied (Minn. Oct. 11. 1991). This ralionale Is not served by denying a city a reasonable amount ol lime to prepare a ~td or formalize its findings. We conclude that as long as the necessary record is prep~red within a te~sonable time ol. zoning decision, I municip~lilY should not be prcswned to have acted in an arbitrary m~nner. S~ BBY Investors v. CIty or Maplewood, 467 N.W.2d 631, 635 (Minn. App. 1991) (findings made conlemporaneously where council in proce.~$ of drafting and adopting them 26 days aftCl' he:ll'ing and vote). pet. ror rev. denIed (Mino. May 23, 1991). Whether the record has been prepared in I feaso!l:lbly timely Cashion is I question that must be considered in light of the facts surrounding the zoning decision, such as the complexity of the is~ues involved in reaching that decision, Here, tlle city was P.83 JANUARY 14, 1994 presented with a relatively complex tezoning request and exrensive documental lon, The council adopted findings two weeks after the henring. at its nexl scheduled meeting. Undet the.~c lacts, we hold lhat the city's fonnal findings were prepared and adopted within a reasonable time. 2. We must still determine whelher the cily's findingli and deeision were arbitrary. A zoning dedsion should noc be disturbed Il a city gives leg~lIy sufficient rC3sons, and the reasons are grounded in fact. NBZ Enters., Inc:. v. CIty of Shllkop~, 489 N.W.2d 531, 537 (Minn. ApI'. 1992), pet. tor rev. denIed (Minn. Sept. 30, 1992), In Olher words, a court should not interfere with 3 municipal zoning decision thai has a .ralion~l basis" or is "rea~onab. Iy debatable." Swanson, 421 N. W.2d 41314; Honn v. City otCoon Rapids, 313 N.W.2d 409, 417(1981). The city council offered several legally sufficient rea.<;ons in support ol its denial of the zoning request. For example, the council was concemed thaI ROltlund's projeet was not ~pproprialely sc.~led in light of the surrounding land use. This reason finds rnctu~l support In the rteent single-family consttuctlon immediately ad- jacentto the sHe and in a report by. the city's consulting planners . suggesting that the townhomes were larger than other kinds ol Illedium-dcnslly bousing. The council was also concerned about the Increase In air traffie over the property !bat had been Identified by the 1989 study. While the district coUrt may have disagreed with the COnclusions lhat the council drew from the lacts, the conclusions are DOt irr:ltional. A court may not set aside the judgment of municipal officials merely because the court might have reached anorher decision if it had been In the council's place. White Bear Docking & Stol"8~, Ine. y. City otWbltc Bear Lab, 324 N.W.2d 174,176 (Minn. 1982). Nor do we a~ with the contentlon by Rottlund and Putnam thaI the zoning declSion was lIrbitrary simply btcaust it conflicted wi th the designated use for the property found In the eity's comprehen. sive plan. A munlclpelity should not adopt zoning that conflicts with Its comprehensive plan. Minn. Stat. ~ 473.865, subd. 2 (1990). Furthermore, If a confliet between a zoning ordinance and a com. prehensive plan arises because of an amendment to lhe plan, the ordinance ShOuld be amended. Minn. Stat. ~ 473.865, subd. 3 (1990). Nonetheless, a comprehensive plan's designation of land uses is advIsory and does DOtunaltelllbly bind acily. Amcon Corp. 'y. City ofEagaa, 348 N.W.2d 66, 74 (MilUl.l984); see also Minn. Stat. ~ 462.357, subd. 2 (1990) (zoning ordinance suyersedcs com. prehensive plan If the two conflict). Nor does a discrepancy be. tween I zoning ordinance and a comprehensive plan af!ect the presumption that a municipal zoning decision \, valid. State by Rochester Ass'a of Nel&hborhoocfs Y. Clff or Roches1er, 268 N.W.2d 885, B90 (Minn. 1978). Rather, a refusal co zone in accord. ance with a comprehensive plan is merely evidence that the city's action was lIrbitrary. Amcon Corp~ 348 N.W.2d at 7S. In view of tile legitimacy 0(, and the faet\lnl support for, lhe teasons givcn Cor the zoning decision In this case, we are llOt persuaded that the city's denial of Il.ottlund's rezoning request was Itr.lIion~1 or arbitr.lry. DECISION The city made a record ol its findings within a reasonable lime of reaching its zoning decision. The disrrict court erred by ordcting the tity to rezone, Issue a conditional use permit, and npprove Rotllund's skelCh plan. Renrsed. ~~s:ili5):'~~;;TIi;$TATE~F..MiN.NESOTA2!~:\..~:,~:;;:;.;:.:,:~,:..;., ~'" ",,.,..,,,>,,,<..,J~ COURTOFAPPEALS.",:"_.....,, ~:;~;ffn2~r:;~I(s~}[~}&,;'::;:~ii~9~~~j~1.~~~)~ii{~~~~:~:):~t~~;~':j:~::~r;~;~;.~';~;:.:~:':-;.._' Steams County K1aphake, Judge District Ccurt File No. CS.92.3356 Ford MotOr Credit Co.. Cllllslophcr J. Riley DolSCy & Whitney 38 , ~ . ... Of')~ ANDOVER VOLUNTEER FIRE DEPARTMENT ." ~.\I C\\ C 1\ 'MINUTES OF '!'HE MON'!'HLY BUSINESS MEETING O\)\'l 1\\..0 FEBRUARY 23RD, 1994 C : The meeting was called to order at 19:00 by Chief Dale Mashuga. The pledge of allegiance was said and roll call was taken. The minutes of the January 22nd, 1994 Annual Business Meeting were voted on and accepted as written. Q~ ~->5-q~ 'FIRE MARSHAL - J. Noyes Family of Christ sprinkler problems. Working on Site Plans. DNR meeting in March. Crooked Lake School is installing a new alarm system. OFFICER'S REPORTS Total Calls 1994 = 76 1993 = 60 +16 COMMITTEE REPORTS STAFF RESOURCE - T. Miller . Three new Probationary Members have completed their testing. One still has to take his stress test. TRAINING - P. Gengler . Three new DEFIB's ordered. April 20th will be training. . Two houses to burn in the city. Possibly in April. PUBLIC ED - J. Noyes . Hats and brochures ordered. MAINTENANCE - M. Winczewski (absent) Air line fixed at Station I. . E2 and U8 fixed. . 6x6 being painted. Should be complete tomorrow (2/24). SAFETY - D. Reitan . Nothing to report. HAZMAT - S. Berhow (absent) New county committee writing policies. All personnel (county wide) will be required to be at Operational Level within the first two (2) years. Would like to make the new Station III the northern (county) HAZMAT site. UNIFORMS/STATION MAINTENANCE/RADIO/SPECIAL PURCHASES - T. Johnson / T. May Ordering jackets Friday. . Six new pagers are in. ANDOVER VOLUNTEER FIRE DEPARTMENT MINUTES OF THE MONTHLY BUSINESS MEETING FEBRUARY 23RD, 1994 Page 2 COMMITTEE REPORTS (continued) FUND RAISING - J. Koltes . still working on finding a circus. . Will schedule a gambling trip if enough people are interested. SMALL EQUIPMENT/SCBA - T. Johnson February meeting re-scheduled for 2/26. AD HOC COMMITTEE REPORTS ENGINE 6 REFURB - M. Neuschwander . B. Peach going to Alexis 2/24. . Specs to be written next. INVENTORY - D. Saffrin (absent) . No Report ISO - B. Peach / D. Szyplinski . Nothing to Report. STATION RESPONSE - T. Howe No meetings lately. Will not be implementing Box Alarms at this time. Checking into Station Response. CHIEF'S REPORT - Dale Mashuga/Dave Reitan Discussion of the Oak Grove house fire. Warning not to insult other Departments. Discussion of the Cold Weather Policy. Trucks are not to pass other trucks on the reds. Calls will not be counted if cancelled within three (3) minutes. No unsupervised use of meeting rooms. Discussing possibly doing away with weekend duty officers. Discussed NSMA Accountability Policy. OLD BUSINESS . Department party 2/26. New turnout gear still being discussed. Plaque for K. starr still in process. . , ANDOVER VOLUNTEER FIRE DEPARTMENT MINUTES OF THE MONTHLY BUSINESS MEETING FEBRUARY 23RD, 1994 Page 3 NEW BUSINESS Adopt-a-Highway discussed and"will be renewed. A motion for adjournment was made and seconded. 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WILKINSON -- "~.. df-}) MAR 2 5 1994 325 Jackson Street. Anoka, Minnesota f5~lif ,Jr '-II -"." '. i/FR 612-421-4760 Fax 612-422-7503-- (t ~-~-q~ CITY OF ANDOVER MONTHLY CONTRACT PRODUCTIVITY REPORT MONTH: February , 1994 This report reflects the productivity of the Andover contract cars, 3125, 3135, 3145 and 3155. It does not include activity by Sheriff's Department cars within the City -during non-contract hours, nor, activity by other Sheriff's Department cars within the City during contract hours. Arrests: Traffic 24 DWI 0 Felony 1 G.M. 1 Misdemeanor 2 Warrant 0 Radio Calls 402 Complaints 249 Medicals 12 P. I. Accidents 1 P.D. Accidents 20 Domestics 0 House Checks 45 Business Checks 509 Arrests: Arrests: Papers Served: o Warnings: 23 Aids: Public 70 Other Agencies 36 TOTAL MILES PATROLlED: 8.483 CAPTAIN LEN CHRIST ANOKA COUNTY SHERIFF'S DEPARTMENT PATROL DIVISION -6- Affirmative Action I Equal Opportunity Employer **************************************************************** ~.************************************************************~* .. ** .. ** .. ** .. ** .. ** .. ** :: WHAT'S HAPPENING? :: .. ** .. ** .. ** :: Ap r il 5, 1994 :: .. ** :: - Board of Review - April 14 - 7:00 PM :: .. ** :: Jim and Nancy Schrantz are back home in Coon :: :: Rapids. :: .. ** :: - The phase I Environmental Site Assessment on the :: .. Wasteco Property has been received by the City. ** .. ** .. The report is on file in the Planning ** .. Department. ** .. ** .. ** :: If you would like to review the report please :: .. contact the Planning Department. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** ~. ** .. ** .. ** ~. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .~ ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** .. ** . ** ..************************************************************** ................................................................ CITY UNITY DAY RESOLUTION WHEREAS, the City of Andover is a member of the League of Minnesota cities; and WHEREAS, Thursday, April 21, 1994 is Minnesota cities Unity Day; and WHEREAS, cities working together have established the League of Minnesota Cities action agenda for the 1994 session of the legislature; and WHEREAS, in the closing days of the 1994 session many of these issues remain unresolved. NOW, THEREFORE BE IT RESOLVED BY THE CITY OF ANDOVER THAT: 1. The Legislature and Governor restore the shortfall in the Local Government Trust Fund which they created so that there will be no cuts in government aid (LGA) and homestead agriculture aid credit (HACA) in 1994, and provide reliable additional funding for LGA and HACA in future years to preserve the fiscal stability of cities; 2. Preserve and improve the ability of cities to expand their boundaries in order to provide city services to all who need them; 3. Remove the aid penalties in manufacturing and redevelopment districts so that cities will not be penalized for improving their local economics. 4. Increase funding for roads and transit; 5. Establish a new program to clean up landfills and adequately fund pollution clean up grants and; 6. Support the other legislative initiatives of the League of Minnesota cities. Adopted by the City Council of the City of Andover this 5th day of Aoril , 19~. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor victoria Volk - city Clerk r'-:?~~~ ~ ~ ~ Lc~gue ofl\iinncsota Cities 3.t90 Lexington Avenue Korth St. Paul, l\1N 55126 (612) 490-5600 TO: Mayors, Managers/Administrators/Clerks FROM: League of Minnesota Cities President and Mayor of St. Cloud, Chuck Winkelman DATE: March 30, 1994 RE: CITY UNITY DAY RESOLUTION AND RALLY Thursday, April 21 will be Minnesota Cities Unity Day. To celebrate this event, I would like you to do three things: . Pass the enclosed resolution at your next council meeting and send copies to your Legislators and the Governor; . Send the enclosed news release to your local paper; (be sure to fill in the blanks with your city's name and your mayor's name) and; . Encourage one or two people from your city to attend the Cities Unity Day Rally at the State Capitol on April 21st (see enclosed registration) CITY GOVERNMENT MAY ONCE AGAIN BE DEALT WITII UNFAIRLY IN TIIE TAX BILL UNLESS YOU COME. We must make sure the Governor and Legislature are hearing our message: cities are not a "special interest" lobbying on their own behalf at the Legislature; cities are a Dartner in the !!overnment of Minnesota, providing city services to the pver three million people who live in cities as well as those who come to our cities to work, for entertainment, or receive an education. Almost every person in Minnesota uses city services on a daily basis. NEWS For Immediate Release For more infonnation call Duke Addicks, Director of Intergovernmental Relations, League of Minnesota Cities (612) 490-5600. LEAGUE OF MINNESOTA CITIES PRESIDENT DECLARES CITY UNITY DAY. "Thursday, April 21st, will be the fIrst City Unity Day." League of Minnesota Cities President and Mayor of St. Cloud Chuck Winkelman declared. "The League of Cities Board of Directors has authorized a City Unity Rally at the State Capitol to demonstrate that all city offIcials throughout the state are working together to improve the delivery of city services to the over four million people who live, work and receive an education in one of our communities. " The city of at its meeting on the declaration of Cities Unity Day, according to Mayor joined in "Residents of Minnesota Cities appreciate the ability of cities to provide services at a reasonable cost, " League President Winkleman continued. "Drinkable water, plowed and maintained streets, sanitary sewer systems, parks and recreation programs, police and fire protection are all taken for granted. But city government leaders are also working to improve the local economy, ensuring that there are decent jobs and adequate housing for all. " "To do this, city government needs fiscal stability, " Winkelman adds, "Every city would like to be fiscally independent from state assistance, but the local property tax base often is inadequate to provide the fmancial resources to achieve this goal. The state contributes about five percent (just over five hundred million dollars) of its annual revenues to help cities maintain these services. This assistance to cities. in the fonn of homestead agricultural credit aid and local government aid, helps us to keep property taxes down." "If the Legislature and the Governor would help us strengthen our own local economies we could rely even less on state aids, and an improved property tax base would mean lower taxes for all." -over- MThe Legislature and Governor seem reluctant to help cities, and the residents who use city services daily. A modest 5% increase in state aid payments would help us ayoid property tax increases next year. We're seeking more authority to improve our local economies, through the use of tax increment financing to pay a portion of the cost of new manufacturing and redevelopment, and a greater ability to manage the growth of our communities through a more efficient boundary adjustment process. . MBy rededicating ourselves to the goals of all the cities in Minnesota and working together through the League of Minnesota Cities, we can send a strong message to the state: either help cities maintain their viability or accept the responsibility for their decline. · . , 3490 Lexington Avenue North St. Paul, MN 55126-8044 (612)490-5600 League of Minnesota Cities CITY UNITY DAY RALLY TIlURSDA Y, APRIL 21 9:00 a.m. Coffee and Rolls 9:30 to 11:30 a.m. Briefmg Then walk to the Capitol to confront our Legislators outside the Senate and House Chambers. Meet at the Kelly Inn near the State Capitol in St. Paul Find out how the Legislature will affect cities in the closing days of the 1994 session. Tell your legislators how they can help cities achieve fiscal stability and improve their local economy. THIS WILL BE TIIE CRITICAL TIME WHEN mE OMNIBUS TAX BILL WHICH MAY OR MAY NOT DEAL ADEQUATELY WIlli OUR ISSUES IS BEING FINAliZED. Your presence will strongly influence the outcome of this legislative session. We hope that one or two persons from every city in the state will attend. Return the registration below to Julie Johns, Legislative Secretary at the League. YES! WE'RE COMING TO ST. PAUL TO THE LEAGUE OF MINNESOTA CITIES CITY UNITY DAY RALLY. City Name Name Name (please print or type) Registration Fee $5 in advance, $5 at the door. (Please make advance registration if at all possible so we can have an adequate number of briefing papers) Make check payable and mail to: League of Minnesota Cities AUn: Finance Department 3490 Lexington Avenue North St. Paul, MN 55126 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5. 1994 AGENDA tIO. SECTION ADD-ON ITEM ORIGINATING DEPARTMENT ITEM r-.o. Admin. Approve Assessment Abatement v. volk 6,0. APPROVED FOR AGENDA BY: The city Council is requested to approve an abatement of special assessments for PIN 34 32 24 44 0017 (Hubert Smith's property). Mr. Smith paid the assessment in full within the time allowed for prepayments. Attached is a copy of the abatement form. MOTION BY: TO: Form No. 1273 - CommIssIoner 01 Revenue Abatement FOITTl 4 (Rev. 5190) PouCher. Mpls. APPUCATION FOR ABATEMENT. GENERAL FORM (M.S. 375.192) III '- ~ '6 ~ '0 >. >. '2 C 6 d B uz u For Taxes Levied in 19_ and Payable in 19_ Please print or type. Applicant's Name ('; t-y nf' nnnnv..r Applicant's Social Securi1y Number Telephone (Worl<) ( 61 ') 7" "-,, 1 n n Telephone (home) ( ) Applicant's Mamng Address 1685 Crosstown Boulevard N.W. Andover, MN 55304 DESCRIPTION OF PROPERTY I Property 1.0. or Parcel Number: Street Address Of diHerentthan above) 13309 Jay Stre~t N.W., 34 32 24 44 0017 City or Township Andover School District No. 11 LEGAL DESCRIPTION OF PROPERTY: ASSESSOR'S ESTIMATED MARKET VALUE: Land $ Structures $ Total S . Class APPUCANrS STATEMENT OF FACTS: Special assessments were paid in full within 30 days after adoption and certification of the assessment roll. APPUCANT'S REQUEST Abatement the assessments certified to PIN 34 32 24 44 0017 under Fund 2206 and Fund 2207. Applicant's Signature Date NOTE: Minnesota Statutes 1988, Section 609.41. "Whoever, in making any statement, oral or written; whiCh is required or authorized by law to be made as a basis 01 impOsing. reducing, or abating any tax or assessment, intentionally makes any statement as to any material matter which the maker of this statement knows is false may be sentenced. unless otherwise provided by law, to imprisonment for not more than one year or to payment of a fine of not more than $3.000. or both.'