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HomeMy WebLinkAboutFebruary 22, 1994 o o ~ .3le/qJ..j CJ ~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - FEBRUARY 22, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on February 22r 1994, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Bonnie Dehn, Bev Jovanovich, Becky peaser Randy Peek (arrived at 7:09 p.m.) Jerry Putnam None City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES February 8, 1994: Page 2, last paragraph, Mr. Carlberg clarified the ages of girls in the Steps of Success Homes is 14 to 17, although 18-year-olds are allowed if they are still in high school. o MOTION by Dehn, Seconded by Apel, to approve the Minutes as presented with the additional comments of Mr. Carlberg. Motion carried on a 6- Yes, I-Absent (Peek) vote. SKETCH PLAN: LANGFELD ADDITION, SECTION 25, WILLIS LANGFELD Mr. Carlberg reviewed the sketch plan of the proposed Langfeld Addition. The plat is located in an R-l Single Family zoning District and consists of six lots of 2 1/2 acres or more in size. He summarized the comments of the Andover Review Committee. One concern is allowing for future development of adjoining property, and the Committee provided two other sketches for consideration to provide a street to the western edge of the property. Another issue is that Outlot A is proposed to be landlocked, which will not meet the ordinance requirements. (Commissioner Peek arrived at this time; 7:09 p.m.) r " '0 Willis Lanofeld, 2702 161st Avenue NW - stated in talking with the property owner to the west, it would be his desire to see a street from this plat west to eventually connect with Verdin. He favored Sketch B which was provided to the Commission. He also stated he would like to keep the lots in his development of uniform size. The intent has never been to leave Outlot A landlocked. A neighbor has indicated an interest in purchasing it; and he will sell it if they can come to an agreement on price. At the moment they are far apart on price. If they cannot reach an agreement, he will extend the lot lines through the lowland to the edge of his property. Mr. Carlberg stated if the outlot area is going to be sold, there should be a purchase agreement before going through the preliminary plat process. u ;.J Andover Planning and Zoning Commission Meeting Minutes - February 22, 1994 :) Page 2 (Sketch Plan: Langfeld Addition, Continued) Jeff Caine. Surveyor - stated the southerly lot with the existing house will require a variance, as it is about one-tenth of an acre short of the 2 1/2 acres needed. The Commission generally agreed with the road layout as shown in Sketch B, which provides a street to the western property line. They also had no problem with a variance for the existing house in order to get the road pattern. Mr. Carlberg stated this will be reviewed by the City Council on Wednesday, March 2, 1994. DISCUSSION: ORDINANCE PAWNBROKERS AND SECOND-HAND GOODS DEALERS (PAWN SHOPS) The Commission agreed to review this item prior to holding the public hearing to amend Ordinance No. 8 to include pawnbrokers, second-hand goods dealers and previous metal dealers. 8 Mr. Carlberg stated the proposed ordinance is tailored from a number of city ordinances. The biggest concern was the firearms dealers, and the proposed ordinance, which was taken from Brooklyn Center, exempts them. The fees for the licenses vary as are as much as $15,000 in another city. The fees are to cover the City's cost in enforcing the ordinance, and he felt $3,000 seems to be a reasonable fee. Another issue was limiting the number of licenses in the City. The City of Anoka only allows three licenses, which is what the proposed ordinance recommends for Andover as well. There was some discussion on the issue of allowing firearms dealers in these establishments. The Commission argued that it is relatively easy to get a federal firearms license, so that is not necessarily a controlling factor. Also, they generally preferred not to have firearms in the pawn shops and second-hand shops. Mr. Carlberg was asked to check with the City Attorney as to whether the City can prohibit the sale of firearms in the pawn shops and second-hand stores. Mr. Carlberg also noted clothing was excluded from second-hand goods dealers, which is what most communities did. Other communities did not want to get involved with regulating consignment shops. They are allowed in Andover, and it hasn't been a problem. Commissioner Dehn preferred that it remain excluded as it is encouraging recycling and supplies a need to the lower income people. The Commission agreed. They also agree to the limit of four garage sales per year at one residence. ~J The Commission reviewed the proposed ordinance page-by-page and recommended the following changes: Page 2, Section 3, A, 1, a and b: The Commission noted typically the property will not be owned by a charitable organization and often several families will sell items at a garage sale at one location. It was felt that subsections a and b are inconsistent. . i '--../ ~J Andover Planning and Zoning Commission Meeting Minutes - February 22, 1994 '\ Page 3 ) (Discussion: pawnbrokers Ordinance, Continued) It was agreed to change subsection a to, "...occupied as a dwelling or owned, rented..." (deleting "by the seller"); and to delete subsection b (The items offered for sale are owned by the occupant) altogether. There was further discussion on the issue of garage sales, and Mr. Carlberg was asked to check with the Cities of Coon Rapids and Blaine to see what their ordinances say about garage sales. He also agreed to check as to how the Round Barn on Round Lake Boulevard would fit into the ordinance, though it is a permitted use. Page 4, Section 4, last paragraph: Mr. Carlberg explained the intent is to have no more than three licenses in the City. The Commission asked that this paragraph be reviewed by the City Attorney to be sure that is exactly what it says. He will also get the Attorney's opinion on whether it is discriminating if, for instance, three precious metal dealers' licenses were issued thereby eliminating the ability for anyone to get a pawnbroker's license in the City. Page 4, Section 5, Multiple Dealers: There was some confusion as to the meaning of the section and why it is necessary. Since a separate license will be required for each use, even if it is by the same owner, the Commission felt this section is not needed. It was agreed to delete the entire section. F '\ , .I Page 5, c: It was agreed to include the spouse for the background check. Amend the sentence, ".. .the applicant and spouse have been convicted of any crimes..." Page 5, d, 1 and 2: To avoid corporate shifting of ownership, it was agreed to include a statement similar to the previous subsection, c., requiring a statement from the corporate officers and directors and their spouses on conviction of crimes within the preceding five years. Page 5, g: The Commission generally felt that a $5,000 bond was insufficient and asked that Mr. Carlberg look into it further. A suggestion was that a $100,000 bond may not be out of line. It was also agreed to change the first sentence to, "Each application shall be accompanied by a bond in the amount of (Mr. Carlberg to insert) executed by a surety licensed by the Department of Commerce and conditioned..." Page 6, last paragraph of Section 6: It was agreed to delete the word "material", so the sentence is to read, "No person shall make any false statement. . ." This will eliminate possible disputes over the meaning of "material". Page 6, Section 7: The Commission suggested Mr. Carlberg review this with the Sheriff's Department and the City Attorney. It was also suggested another sentence be added, "By submitting an application, the j applicant consents to any and all investigation the City deems appropriate and waives any claims the applicant may have." ~ ) '-) Andover Planning and Zoning Commission Meeting Minutes - February 22, 1994 Page 4 ) (Discussion: Pawnbrokers Ordinance, Continued) Page 6, Section 8: First paragraph, second sentence, add, accordance with Sections 5.03 and 7.03 of Ordinance No.8..." " . .. .In Page 8, c, 6: If approved by the City Attorney, delete Item 6, Guns and firearms. Page 8, Section 11: The Commission noted the first paragraph does not make sense and asked Mr. Carlberg to clarify it. Page 10, Section 17, 6: The Commission did not care for the wording "or operation of business." It was suggested either the phrase be eliminated or changed to "..illegal business practices." Mr. Carlberg agreed to look at that again. Page 10, Section 17, 7: City Attorney and clarify maximum of three licenses for each type of dealer. Mr. Carlberg agreed to review this with the the statement if necessary to indicate that a will be issued by the City, not three issued '. I Page 10, Section 19: The Commission felt a violation of the ordinance should be a misdemeanor, not a petty misdemeanor. The Commission agreed to table the item until Staff has an opportunity to make those changes. MOTION by Dehn, Seconded by pawnbrokers Ordinance, until unanimously. Peek, the to table Item next meeting. 5, Discussion on Motion carried PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTIONS 3.02 AND 7.03 8: 25 Mr. Carlberg noted the proposed amendment to Ordinance No.8, Section 7.03, Special Uses, would allow pawnbrokers, precious metal dealers and second-hand goods dealers to operate a business in the General Business district by Special Use Permit. Because the amendments are directly related to the proposed Pawnbrokers Ordinance which was just tabled, the Commission agreed to continue the public hearing to the next meeting when that ordinance will be finalized. Chairperson Squires asked for a motion to open the public hearing. MOTION by Dehn, Seconded by Peek, to so move. unanimously. Motion carried J MOTION by Apel, Seconded by Jovanovich, to continue the public hearing to the next meeting. Motion carried unanimously. The hearing is continued to the March 8, 1994, Planning and Zoning Commission meeting. \ \J \ ) Andover Planning and Zoning Commission Meeting Minutes - February 22, 1994 r Page 5 OTHER BUSINESS Mr. Carlberg informed the Commission of the Council actions taken at the February 15, 1994, regular meeting. MOTION by Dehn, Seconded by Pease, to adjourn. unanimously. The meeting adjourned at 8:35 p.m. ,~RespectfullY su itted, l \~ c.l....~ Cl <rv~ Marc la A. Peach Recording Secretary \, \ ./ Motion carried