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HomeMy WebLinkAboutMay 27, 1976 ~) CJ,.,.v of ANDOVEk) PLANNING AND ZONING COMMISSION . \ ,_.J SPECIAL MEETING - May 27, 1976 AGENDA 1. Corom. #4-76-3 Dog Ordinance Review 2. Corom. #5-76-6 Maple Glen Estates Sketch Plan 3. Camm. #4-76-4 Bicycle Ordinance Discussion 4. Camm. #5-76-5 Interim Moratorium Ordinance '\ ) ,~ " \ '-.-.J / ) / -) \- ~ ) c ) (fYY 01 ANDOVER :_) \ \. / SPECIAL PLANNING AND ZONING COMMISSION MEETING MAY 27, 1976 MINUTES A Special Meeting of the Andover Planning and Zoning Commission was called to order at 7:30 P.M. by Chairman Ken Orttel on May 27, 1976, at the Andover Community Center, 1685 Crosstown Boulevard NW, Anoka, Minnesota 55303. Commissioners Present: Dave Jack (arrived at 9:15), Ralph Kishel, Ted Lachinski, and Larry Retzlaff Commissioners Absent: Don Jacobson and Art Jaworski Also Present: Mayor Richard Schneider Dog Ordinance (Comm. #4-76-3) \ \. ) Refer letter (copy attached) from City Attorney. The Commission discussed Section 1 of the proposed Ordinance -"running loose on owner's property, or property under the owners control" in particular. Motion by Commissioner Kishel, seconded by Commissioner Retzlaff, that the Planning and Zoning Commission recommend to the City Council the adoption of this Dog Ordinance No. __ which repeals 5, 14, and 20 because the consolidation of the obsolete Ordinances is for the better of the City of Andover and it would make an enforceable Ordinance. Motion carried unanimously. Bicycle Ordinance (Comm. #4-76-4) Refer letter from City Attorney dated 5-24-76 (copy attached) regarding the State bicycle registration laws. The State will register bicycles after March 1, 1977. Discussed whether to table the matter, make a recommendation to the City Council to abstain from making an Ordinance at this time, or to drop the matter for the present. It was unanimously agreed to table the matter until next year. Maple Glen Estates Sketch Plan (Comm. #5-76-6) , , I '--./ Chairman Orttel explained the sketch plan on behalf of his parents. It is 58 or 59 acres with 19 lots in Section 13. The South portion of the property is heavily wooded and has several low areas (duck ponds) which the developer would clean or dredge to make more attractive. Some of the things discussed were: 1) the road easement of 75' on l57th should be 60' for MSAH. 2) road designation of l57th Avenue. 3) Lot 4, Block 3 has double frontage. 4) making a cul-de-sac on each end of the~R proposed l59th Avenue. 5) p~::l~lY straightening l59th, mo.fAg ~t h-g.?~ further 86uth, or moving it O~ to the ~ Section line. 6) the 1320' minimum block length footage required by Ordinance 10. 7) corner lot setback requirements. 8) possibilities for park - land and/or money. Chairman Orttel will next present the Sketch Plan to the Park Commission. o (J (J 8 '--~ Planning and Zoning Commission Meeting Minutes - May 27, 1976 Page 2 Interim Moratorium Ordinance (Comm. #5-76-5) The Commission reviewed moratorium materials from Ham Lake, Ramsey, Marshan, League of Minnesota Municipalities, and William G. Hawkins, City Attorney. Discussed the Resolution of May 4, 1976 made by the City Council. In March the City Council adopted the Community Development Plan with 2~ acre minimum lot size in the Rural area; then they passed a Resolution to go to 10 acre lots. Next, the Planning and Zoning Commission made a motion amending the Plan to be consistent with the guidelines to be set up by Metro Council. Met Council has 90 days to act on the motion made by the Planning and Zoning Commission. The reason for the moratorium would be to stop platting, development, and/or building until the Community Development Plan is formally approved and the existing ordinances are revised to comply with the Plan. ,-J Some of the items discussed were: Building - no building at all to slow down development, no building in the Rural area - only the Urban sewered area, to build on existing lots but no platting. Conclusion: all agreed to being able to build on existing lots during the proposed moratorium. Possible lawsuits - Minnesota Statutes Section 462.355 - Other Communities - Ham Lake's Community Development Plan requires 39,000 square feet of high buildable land that would support 3 septic systems in order to have a buildable lot. Their Plan is divided into buildable and unbui1dab1e land, rather than Rural and Urban. In discussing Marshan, it was noted that they had a moratorium because they had no Community Development Plan; and, also, they don't require platting - only a Special Use Permit to build on subdivided property. Professional help - advice and assistance will be needed in amending the existing ordinances. After thoroughly reviewing Attorney Hawkins' proposed moratorium ordinance, the following changes were made: Section 4 (first sentence) - to read "during a period not to exceed 12 months following the effective date of this ordinance:" Section 4 - to delete "(a)" and "(b)" '\ \..j Section 4 - to change "(c)" to read, ''Neither the planning commission of the City or the City Council shall grant any preliminary or final approval to a subdivision plat, site plan, rezoning, or other development map or application, unless such subdivision plat, site plan, rezoning has been filed with the Clerk's Office prior to the adoption of this ordinance. The aforementioned restriction shall not apply to any property within the urban service district which lies within the benefitted area designated for Public Sanitary Sewer Improvement 75-1 or Public Sanitary Sewer Improvement 76-1. Furthermore, said restrictions shall not apply to any subdivision of land in the rural service area in which all parcels are ten acres each or greater, subject to review by the planning commission and approval by the City Council. , '\ '-J '0 , ,--) (J C) .-------- :- ) :J Planning and Zoning Commission Meeting Minutes - May 27, 1976 Page 3 to delete Section 5 The Commission discussed the legal procedures for holding a public hearing and the soonest it could be held, existing zoning designations, platting versus metes & bounds, dimensions of lots that might occur on a metes & bounds 10 acre lot. The Commission Clerk will retype the proposed ordinance and sent it along with a letter to Attorney Hawkins requesting his opinion and comments on the proposal and to report back before or at the regular June 8th meeting to review. Notice will be published June 4 and the Public Hearing will be held on June 14, 1976. The proposed Ordinance will again be discussed at the regular June 8 meeting. Ad ;ourrnnent Motion by Commissioner Kishel, seconded by Commissioner Lachinski, to adjourn. Meeting adjourned at 11:30 P.M. , ./ ~J \ ) '1 , ./ \ / \ ) ,-) BABCOCK. LOCHER. NEILSON & MANNELLA \ ATTORNEYS AT LAW NORTH TOWN CENTER 117 NORTHTOWN DRIVE EDMUND P. BAECOCK LANDOL J. LOCHER JAM:ES M. NEILSON FELIX A. MA."-;~ELLA JOHN R. SPEAKMAN RICHARD BEE:!"..S ROBERT F. MANNELLA JOHN M. BL'RKE BLAINE, MINNESOTA 515434 TEL.! (612) 7S6.02S0 ANOKA OFFICE 118 EAST MAIN STREET ANOKA. MINNESOTA ~S303 TEL. (612) 421-5151 \\'TLLIAM G. H.A WKINS RONALD B. PETERSON LA'\~RENCE R. JOHNSON May 6, 1976 Deloris J. Hanson Commission Clerk City of Andover 1685 Crosstown Boulevard N.W. Anoka, Minnesota 55303 Re: Dog Ordinance Enclosed please find the original and two copies of the dog ordinance which I have revised. The only addition I have made pertains to repealing the prior dog ordinances. The remaining sections appear to be in order. Sincerely, ~HaWkina Ijj Enclosure f,\ ,-j \ \. _.J '\ '- -) : ) \ / ORDINANCE NO. CITY OF ANDOVER COUNTY OF AlJOKA STATE OF MINNESOTA AN ORDINANCE REPEALING ORDINANCE NO.5 (adopted May 6, 1969), ORDINANCE NO. 14 (adopted February 20, 1973), AND ORDINANCE NO. 20 (adopted May 14, 1974) THE CITY OF ANDOVER DOES HEREBY ORDAIN: This ordinance shall be known as the "Dog Ordinance". Section 1. Running at large prohibited. No dog shall be permitted to run at large within the limits of this City. Running loose on owner's property, or property under owner's control, will not be considered running at large. '\ '- / Section 2. Dogs on leash. The restriction imposed by Section I shall not prohibit the appearance of any dog upon streets or public property when such dog is on a leash accompanied by a responsible person or accompanied by and under the control and direction of a responsible person so as to be as effectively restrained by command as by leash. Section 3. License required. No person shall keep any unlicensed dog within the City without securing a non-transferrable license therefor from the Clerk, who shall keep a record of all licenses issued and shall issue a metal tag for each license. The biennial license fee shall be $3.00 for each dog. Every application for a license shall be accompanied by a certificate from a licensed veterinarian, showing that the dog to be licensed has been given a vacine with live serum against rabies sufficient to cover the licensing period. The license shall expire on the 31st day of May in each odd numbered year. A license shall not be required for dogs less than 6 months of age. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. Section 4. Impounding and Poundmaster. Police officers or persons or firms designated by the City Council as dog catchers may impound any dog found unlicensed or running at large and shall issue a violation ticket to the owner and if impounded, notice of the impounding \ J \ / \ l I '-- j ) / ) \ , ./ biven to the owner of such do~, if known. In case the owner is unknown, such officer shall post notice at the Clerk's Office or any place to be desicnated by the City Council, and if the dog is not claimed within 5 days of the posting of the notice, it will be disposed of. If the owner does not claim the dog within 5 days, the poundmaster shall retain the dog for 3 days more during which time any person may claim the dog by paying the same amount as the owner would be required to pay. If such dog is not claimed within the time specified and all fees and charges paid, the poundmaster shall dispose of such unless it is requested by a licensed educational or scientific institution under Minnesota Statutes, Section 35.71. The poundmaster shall house and feed in a humane manner any dog held at the pound. An impounding fee of $20.00 and the charge of $2.00 per day for boarding shall be charged for any dog held at the pound. The poundmaster shall be appointed by City Council resolution and he shall serve at the will of the City Council. Section 5. Restrictions on certain dogs. It shall be unlawful for any person to keep or harbor a dog which habitually barks or cries. It shall be unlawful for any dog owner to permit his dog to damage any garden, lawn, or other property. Any dog in violation of this section may be impounded as provided in Section 4 or a complaint may be issued by anyone against the owner of the dog for prosecution under this ordinance. Section 6. Kennels and dog hospitals. No person, firm or corporation shall maintain in this City a kennel or hospital where dogs are kept for sale, trained, boarded, or treated on a fee basis without securing a license therefor from the City Clerk, provided, however, that the owner of not more than two female dogs kept for breeding purposes will not be said to operate a kennel. The license fee shall be $25.00 per year for each kennel or dog hospital. This fee shall be in addition to the license fee prescribed in the preceding sections for each dog kept in such kennel. Section 7. Muzzling proclamation. Whenever the prevalence of hydrophobia renders such action necessary to protect the public health and safety, the City Council may issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation and any unmuzzled dog running at large during the time fixed in the proclamation may be disposed of by the police or persons or firms designated by the City Council without notice to the O\'lne r. Section 8. Restrictions on number of animals. No person, firm or corporation shall harbor more than 3 dogs over the age of 6 months in anyone family residence unit or place of business. The restrictions of this section shall not apply to persons obtaining licenses pursuant to Section 6. -2- , _I " I , ' f '1 , / \ , J \ ) ) \ Section 9. Penalty. Any person, firm or corporation violating any provision of this ordinance is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $300.00 or imprisonment for not more than 90 days, or both. Section 10. Repealer. Ordinance No.5, adopted May 6, 1969, Ordinance No. 14, adopted February 20, 1973, and Ordinance No. 20, adopted May 14, 1974, are hereby repealed. This ordinance shall become effective from and after its passage and publication as required by law. Adopted by the Andover City Council on this , 1976. day of CITY OF ANDOVER Richard J. Schneider, Mayor ATTEST: Patricia K. Lindquist Clerk-Treasurer () \ i .. " ) BABCOCK, LOCHER. NEILSON & MANNELLA \ ATTORNEYS AT LAW , EDMUND P. BABCOCK LASDOL J. LOCHER JAMES M. NEILSON F"ELIX A. MANNELLA JOHN R. SPEAKMAN RICHARD BE ENS ROBERT F. MANNELLA JOHN M. BURKE NORTHTQWN CENTER 117 NORTHTOWN DRIVE BLAINE, MINNESOTA 554.34 TEL.I (612) 786-0250 ANOKA OFFICE lIB EAST MAIN STREET ANORA. MINNESOTA ~5303 TEL. (8]2) 421-5)51 '\'t"ILLIAM G. HAWKINS RONALD B. PETERSON LA~~ENCE R. JOHSSON May 24, 1976 Kenneth D. Orttel, Chairman Planning and Zoning Commission 461 157th Avenue N.W. Anoka, Minnesota 55303 Dear Ken: \ Several weeks ago, you directed a question concerning the adoption of a bicycle licensing ordinance in the City of Andover. In a subsequent telephone conversation, I indicated that the 1976 Legislature had adopted a bicycle registration law but that I did not have a copy at that time. I have since received a copy and am writing to inform you as to its application to the City. --' The law states that after March 1, 1976, no political subdivision may license or register bicycles. The power to register bicycles after March 1, 1977 is granted to the Minnesota Commissioner of Public Safety. The law provides that an owner of a bicycle may apply for registration of a bicycle to the Commissioner according to rules and regulations to be promulgated by his office. It is not mandatory that an owner of a bicycle register same. A municipality such as Andover may, after March 1, 1977, require that any or all bicycles used or ridden upon the highway, street, alley, sidewalk, or other public property within the boundaries of the City be registered with the Commissioner. If Andover wishes to adopt an ordinance regulating bicycles, it should wait until March 1, 1977 and adopt an ordinance which requires all bicycles owners to register same with the Commissioner. In addition, the law gives the City the power to designate roadways or portions thereof as bicycle lanes. In addition, the City has the authority to designate sidewalks under its jurisdiction as bicycle lanes. The law sets out certain requirements which must be met in order to designate such bicycle paths. If the Commission desires to designate any roads or sidewalks as bicycle ways, please advise and I will forward a copy of the requirements. \ If you have any further questions, please feel free to contact me. Sincerely, W~~J. /,i .i