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HomeMy WebLinkAboutAugust 25, 1998 o u /~ \..j CITY of ANDOVER Planning and Zoning Commission Meeting - August 25, 1998 Minutes - The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by ChairrnanJay Squires at 7:30 pm, Tuesday, August 251998 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota Commissioners Present: Maynard Apel, Don Jacobson, Randy Peek, Jeff Luedtke, Lorna Wells Gamache Dave Carlberg, Community Development Director; Jeff Johnson, City Zoning Administrator; Others Commissioners Absent: Also Present: 0"\ Approval of Minutes V August 11, 1998 - correct as written Motion by Peek, seconded by Apel to approve the minutes of August11, 1998 as written. Motion carried on a 4-yes (Wells, Apel, Jacobson, Peek), 2-present (Luedtke, Squires), I-absent (Gamache) vote. Public Hearing/Amended Special Use Pennit/Ed Fields & Sons/15421 Round Lake Blvd. Mr. Carlberg reviewed the request of Ed Fields & Sons to install a 1,000 gallon underground waste oil storage tank at 15421 Round Lake Boulevard. Ordinance 8 establishes the criteria for all uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids. He noted that the proposed tank would be constructed in conjunction with the installation of three 12,000 gallon underground storage tanks for fuel, approved by the City Council on July 7, 1998. The Fire Chief will review the tank plans and installation. Commissioner Luedtke asked if this tank is a replacement or an addition. Ken Wingard, Minnesota Petroleum Services, explained that this tank was an after- thought and that it meets State and Federal standards. The tank replaces an existing o 1000 gallon waste oil tank that has been removed. Motion by Luedtke, seconded by Wells to open the public hearing. Motion carried on a () (J , J Planning and Zoning Commission Meeting August 25, 1998 - Minutes Page 2 6-yes, I-absent (Gamache) vote. No one appeared to present testimony on this item. Motion by Luedtke, seconded by Jacobson to close the public hearing. Motion carried on a 6-yes, I-absent (Gamache) vote. Commissioner Jacobson asked that item 2 of the resolution be amended to read "That the Andover Fire Marshal inspect tank installation". The Commissioners agreed. Motion by Jacobson, seconded by Apel to move the resolution as amended. Discussion: Commissioner Wells expressed concern about contamination. " ) Motion carried on a 6-yes, I-absent (Gamache) vote. This will go to the City Council on September 15,1998. Train Whistle Blowing Ordinance No. 236 Mr. Carlberg explained that Ordinance 236 would prohibit the blowing of train whistles at grade controlled intersections or crossings from the hours of 10:00 pm to 6:00 am. He noted that at the August 4th Council meeting a petition was submitted by over 50 residents living near the railroad tracks complaining of the excessive train whistle blowing during the night time hours. Council directed staff and the city attorney to research the laws regulating the blowing of train whistles and to examine the differences between the ordinances of the Cities of St. Paul and Coon Rapids. On August 18th Council directed staff to prepare an ordinance similar to the City of St. Paul's ordinance and asked that the Planning Commission review the draft prior to it being brought back to the City Council. He also noted that there are six crossings in Andover. Five of the crossings have control arms and the one on Ward Lake Drive does not. The ordinance states that they can blow the whistle at the Ward Lake Drive crossing. Commissioner Peek asked if anyone had talked to the railroad regarding the excessive whistle blowing. Mr. Carlberg stated that no one has; however, after Council adopts the ordinance it / '\ \J u , " Planning and Zoning Commission Meeting \, / August 25, 1998 - Minutes Page 3 will be sent to Burlington Northern asking for their cooperation. Steve Feldman, 847 -141st Avenue NW noted that Burlington Northern told him that the engineers are supposed to blow two long and 2 short blasts and that no train going through Andover does that. It is much more excessive. He felt that the biggest issue is the late night abuse. He suggested that if they are going to blow the whistle they should be consistent. The people in the neighborhood are very concerned. In addition to Burlington Northern, the Soo Line Railroad and Canadian Pacific Railroad also use the tracks through Andover. Commissioner Wells didn't think that the City of Andover can stop a Canadian railroad from blowing the whistle. f '\ . j Commissioner Jacobson suggested that in Section 2, the word "Unnecessary" should be deleted and it should read "Sounding of Whistles or Horns". He also felt that the Commission should pass the ordinance to the City Council with a suggestion that they invite representatives from the three railroads to come to the meeting and explain the excessive whistle blowing. Mr. Carlberg didn't feel there would be enough time as the ordinance is goirrg to the Council on September 1st. Chairman Squires also suggested that the ordinance be adopted. Commissioner Apel agreed with the residents that the Council has to take a stand. He recommended that the Council pass the ordinance. Commissioner Wells asked if Section 3, Penalty is necessary. Mr. Carlberg explained that the penalty section is pursuant to state law and makes a violation a misdemeanor. The consensus was to forward the ordinance to the Council with the suggestion that it be adopted. Ordinance 8, Section S.241Junk Vehicles Discussion, Cant. Mr. Johnson reviewed previous action on this ordinance noting that the City Attorney and the City Attorney from St. Paul feel that in order to effectively enforce the ordinance the property owner who is in violation shall be given an opportunity to appeal the violation. He noted that Section 6, Warning Notice has been changed from 20 days for a hearing to be held to 10 days. Commissioner Jacobson suggested the following changes: Section 1 - take out" an unsightly"; ) Section 2 - 'Public Property' should be redefined; Sections 4 and 5 conflict; Section 9 - / \ ~ J '-~, C) ., ) Planning and Zoning Commission Meeting August 25, 1998 - Minutes Page 4 should read "The City Administrator or its duly authorized agent, with a court order, may enter upon all public...."; Section 11 - the third sentence should read "the City which is in violation..." and the seventh sentence should read" authorized agents may enter upon private property, after a public hearing or with a court order, at all...."; Section 15 - should read" An abandoned motor vehicle taken into custody, not reclaimed and sold to the highest bidder at public auction or sale following reasonable published notice thereof shall be given a . t " recelp ... Commissioner Peek questioned Section IS, asking why the City has to hold the proceeds for 90 days. Chairman Squires asked :>taff to contact the city attorney to see if this is part of the junk vehicle law. It was the consensus the commission that the changes suggested be made and the ordinance sent to the City Attorney for his comments and then it will come back to the Commission for a public hearing. Regulations Regardi1lg Operatioll of Dirt Bikes '\ ) Mr. Johnson explained that at the August 4th Council meeting, staff was directed to research our ordinances in regard to the operation of dirt bikes on private and public property. Dirt bikes are allowed to be operated on private property, provided there is no evidence of noise at the property line between the hours of 10:00 pm and 7:00 am. Mr. Johnson further noted that staff contacted a number of communities in regard to their dirt bike regulations and it appears that most rely on their noise ordinance for enforcement. Jane Bank, 16526 Sycamore Street NW: stated that they have lived in the area for 9 years and for the last 3 years the dirt bikes have been driving along the pipeline. They are now operating on a dirt track about 150 feet away from her home and they ride about 8 hours a day. She asked the Commission to do something as the man with the track seems to have more rights than she does. She suggested that in addition to looking at how large a property needs to be for a track, they look at how close it can be to other homes. , Dave Luoma, 16572 Svcamore Street NW felt there should be something more than the noise ordinance to regulate dirt bikes. . '\ .J Chairman Squires felt that the Planning Commission is trying to arbitrate a dispute that should be handled by some other agency. A copy of the ordinance should also be sent to the property owner with the dirt bike track. ( \ , J '- . I " , ) '-- Planning and Zoning Commission Meeting August 25,1998 - Minutes Page 5 (Dirt Bikes, Cont.) Mr. Carlberg suggested that Mediation Services be contacted to see if something can be done. Mr. Johnson will visit the property to take decibel levels and he will also stop and talk to the property owner. No further action was taken on this item. Review Master Plan & RestrictiveCovenants/Andover Commercial Park Secotld Addition Mr. Carlberg reviewed what has transpired with the new Commercial Park, noting that in July the Planning Commission met with the City Council to discuss the proposed project. There is a 10-screen theater that will be built on the comer of Jay Street and Bunker Lake Boulevard. Grading on that site is taking place now. He also noted that the central pond will be the drainage for the whole site. Commissioner Jacobson asked if there will be a height limitation for the buildings. Mr. Carlberg noted that the maximum will be 45 feet. He also noted that the east side of the drainage pond will be more passive than the west side which will be more of an urbanized landscape. It was noted that consistency in a theme is very important as well as the name of the park. Rather than going through the covenants at this time, the commissioners were asked to give their written comments to Dave Carlberg who will then present them to the Economic Development Authority. Commissioner Peek suggested that urban settings like downtown Edina or Hopkins be looked at for ideas. Other Business Mr. Carlberg noted that a ribbon cutting ceremony for the trail system will be held at 6:30 pm, Tuesday, September 1st. A public meeting with the Council and Park Commission will be held on September 10th to discuss a possible park bond referendum. Council also tabled the Comprehensive Plan amendment and rezoning for Ashford Development and approved the Noise Ordinance amendment. Motion by Jacobson, seconded by Luedtke to adjourn. Motion carried on a 6-yes, I-absent (Gamache) vote. Meeting adjourned at 9:45 PM. Respectfully submitted, ILL; i/;tL Vicki Volk, Acting Recording Secretary