HomeMy WebLinkAboutApril 13, 1976
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CITY 01 ANDOVER
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PLANNING AND ZONING COMMISSION
REGULAR MEETING - April 13, 1976
AGENDA
Approval of Minutes
William G. Hawkins, City Attorney, Informational
1. Cormn. #3 -76-3 Continued Special Use Request - Gary Anderson
2. Cormn . 4f4-76-1 Joel Huttner - Special Use Permit - Kennel License
3. Comm. 4Fl-76-3 Barnes Rolling Oaks Preliminary Plat Public Hearing
4. Comm. #4-76-2 Lawrence B. Carlson Sketch Plan
, 5. Comm. #3-76-2 Double Garage Ordinance Proposa 1
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6. Comm. #4-76-3 Dog Ordinance Review
7. Cormn. #4-76-4 Proposed Bicycle Ordinance
Publish on April 9, 1976
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CITY 01 ANDOVER
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REGULAR PLANNING AND ZONING COMMISSION MEETING
APRIL 13, 1976
MINUTES
The Regular Meeting of the Andover Planning and Zoning Commission was
called to order at 7:30 P.M. by Chairman Ken Orttel on April 13, 1976,
at the Andover Community Center, 1685 Crosstown Boulevard NW, Anoka,
Minnesota 55303.
Commissioners Present: Dave Jack, Don Jacobson, Ralph Kishel, Ted
Lachinski, and Larry Retzlaff
Commissioner Absent: Art Jaworski
Also Present: Hilliam G. Hawkins - City Attorney, Mayor Richard Schneider,
Councilman Winslow Holasek, and many others
Minutes
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Motion by Commissioner Jack, seconded by Chairman Orttel, that the
Minutes of March 23, 1976 be accepted as written. Motion carried
unanimously.
Legal Charge to Planning and Zoning Commission
William G. Hawkins, Andover City Attorney, informed the Commission
members of some of the duties, responsibilities, etc., they will be
facing as a Planning and Zoning Commission. He reminded them of Ordinance
#11, creating a Planning and Zoning Commission, and that they are an
"Advisory Body" to the City Council. He stressed the importance of
following the Community Development Plan and to up-date other ordinances
to conform with it. The Commission should coordinate with other forms
of government, adopt the tools to effectuate the Plan, revise Zoning
Ordinance, designate future roadways, parks, etc., on an Official Map,
be prepared for Public Improvement Planning (Sewer, water, etc.,),
and review all Municipal Land acquisitions. Mr. Hawkins pointed out
the importance of listing reasons, for or against, for their action.
Also, that the City Council will have to prepare an interim control
Ordinance since the Community Development Plan will not go into effect
until July 1, 1976.
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Planning and Zoning Commission Meeting
Minutes - April 13, 1976
Page 2
Gary Anderson Special Use Permit (Comm. #3-76-3)
Mr. Anderson stated that since the Planning Commission advised him
of the problems involved regarding lot size versus building size on
Lot 1, Block 1, Hughes' Add'n, he will look for another site to open
a service station.
Motion by Commissioner Jack, seconded by Commissioner Lachinski, to
recommend denial of this Special Use Permit to Mr. Gary W. Anderson
for the intended purpose of a Service Station, as described in the
Special Use Permit application, due to the findings as found in Ordinance
8 and reviewed on March 23rd, and also, as stated in Section 4.29 -
Service Station Classification - in Ordinance 8 minimum requirements.
Amendment by Chairman Ortte1, seconded by Commissioner Jack, to include
Ordinance 8 - Section 6.02 Building Setback Requirements. Motion and
amendment carried unanimously.
Joel Huttner - Special Use Permit - Kennel License (Comm. #4-76-1)
The Public Hearing was opened with Mr. Huttner explaining to the Commission
his reasons for applying for this Special Use Permit. He has 4-Eng1ish
Setter show dogs and a kennel license would help defer costs of shows,
handling, feed, etc., through tax deductions. They are in a 70 x 100'
fenced area and he will build 4-5 x 16' runs. There have been no complaints
from adjoining property owners. As a matter of fact, they all signed
a petition stating that they were in favor of this Kennel License.
(Mr. Quinlan was not given the petition to sign but stated at a recent
City Council Meeting that he would not object.) Mr. Huttner was reminded
of, the annual review by the City Council of this Special Use Permit.
The Commission discussed Ordinance 8, Section 7.02 and Ordinance SA, (E).
Motion by Commissioner Jack, seconded by Commissioner Kishe1, to close
the Public Hearing. Motion carried unanimously.
The Commission discussed Attorney Hawkins' statement regarding giving
Special Use Permits for economic reasons. Motion by Commissioner Jacobson,
seconded by Commissioner Jack, to approve the Special Use Permit with
the stipulation that it be limited to no more than 4 adult dogs at one
time; and, if for any reason the operation is inactive or not in use
for a period of 6 months or more, the Special Use Permit automatically
becomes invalid. Amendment by Commissioner Jack, seconded by Commissioner
Jacobson, giving reasons for granting the Special Use Permit: All adjoining
property owners were contacted and none appeared at the Public Hearing.
No objections by the neighbors were voiced. The existing dogs, as stated
by the owner, have not caused any complaints. Motion and amendment
carried unanimously. This will be on the City Council Agenda May 4, 1976.
Planning and Zoning Commission Meeting
Minutes - April 13, 1976
Page 3
Barnes Rolling Oaks Preliminary Plat Public Hearing (Comm. #1-76-3)
Chairman Orttel opened the Public Hearing and stated that the notice
of the Public Hearing was published in the Anoka County Union and
asked for comments or questions from the audience.
Mrs. Dallas Carlson stated that they had not been notified of the Hearing.
She was advised that Rolland Anderson, the previous owne~ had been
sent the letter.
The adjacent property owners were very concerned regarding the recent
City Council action on the Community Development Plan setting 10 acres
as minimum in the Rural area versus this proposed development of lots
averaging 4~ acres each. They were told by the Commission and Mayor
Schneider that the Planning and Zoning Commission must use existing
Ordinances as a guide until the City Council adopts an interim control
ordinance or until July 1st when the Community Development Plan is
in effect.
Brad Wicklund, surveyor for Fay Barnes, was given a letter from T.K.D.A.
dated April 13, 1976 (Copy attached) regarding Engineering comments.
Also discussed was a letter (Copy attached) from Patricia K. Lindquist,
Acting Administrator. Mr. Wicklund presented revised Plats with proposed
l46th Lane moved.
On-site sewage systems were discussed, along with low land, percolation
tests, and the tiling being done in some of the areas off the drainage
ditch. There are 13 lots being proposed in this addition but it depends
on a percolation test to determine buildability. Motion by Commissioner
Jack to continue the Public Hearing until the Park Commission makes a
recommendation and also to have the developer correct the known discrepancies
which were in the letter from TKDA dated 4-13-76 and other items brought
up at this meeting. No second. Motion dies.
Discussed Park land dedication and letters of April 2, 5, and 7, 1976
(Copies attached). Commissioner Jacobson referred to Environmental
Policy Act of State of Minnesota, Section l16D.Ol, passed by 1973
Legislature regarding 100 units in a proposed area. Mr. Hicklund stated
there will be 40 to 60 homes in the entire Barnes Platting.
Motion by Commissioner Jack, seconded by Commissioner Lachinski, to
continue the Public Hearing to April 27, 1976, for the developer to
meet the Engineering requirements, as noted in the April 13th letter
from T.K.D.A., and also to require soil borings on all proposed building
sites and to refer the Plat to the Coon. Creek Watershed Board of Managers
for their review and comment; and, also, to direct the City Attorney
to advise on City acceptance of Park Land as it pertains to this plat.
Amendment by Commissioner Lachinski, seconded by Commissioner Jacobson,
to obtain soil information in accordance with the Engineer so he can
determine the number of buildable lots prior to the continuance of the
meeting. Motion and amendment carried unanimously.
Planning and Zoning Commission Meeting
Minutes - April 13, 1976
Page 4
Lawrence B. Carlson Sketch Plan - Forest Meadows (Comm. #4-76-2)
Mr. Carlson presented a Sketch Plan located in Section 2 containing
69 acres with 19 lots proposed, with the majority at 2~ acres. Discussed
park land, low land, the streets - particularly the joining with Xeon
Street near the cul-de-sac, and where soil borings should be made.
Mr. Carlson will contact the Engineer for location requested for borings
and, also, will bring the Preliminary Plat to the City Clerk in order
to be on the May 11 Agenda.
Double Garage Ordinance Proposal (Comm. #3-76-2)
The Commissioners discussed the information that had been given to
them regarding other Cities' Ordinances of this type. They didn't
feel Andover was ready for this Ordinance, but, perhaps a "Nuisance"
type of Ordinance might be more appropriate to alleviate the problems
with unsightly personal possessions. Ordinance 8 - Sections 8.08 and
8.19 were reviewed.
Motion by Commissioner Jacobson, seconded by Commissioner Jack, to
examine the "Double Garage Ordinance Materials" and storage of other
materials at a later date when Ordinance 8 is reviewed. Motion carried
unanimously.
Dog Ordinance Review (Comm. #4-76-3)
The Commissioners reviewed and discussed Ordinances 5, 14, and 20 and
also a letter from Patricia K. Lindquist dated March 18, 19~6 (Copy of
the letter is attached). The Commission made changes and combined
all of the items into one Ordinance amending the previous Dog Ordinances.
Motion by Commissioner Jacobson, seconded by Commissioner Retzlaff,
to accept Ordinance #5 as amended and to forward to the City Attorney
for his recommendation. Motion carried unanimously.
After the Attorney has returned the Ordinance with his comments, it will
again be placed on the Planning and Zoning Agenda. Copy of the Ordinance
is attached.
Proposed Bicycle Ordinance (Comm. #4-76-4)
The Commission had heard that the State of Minnesota will be taking
care of licensing of bicycles. The Chairman will ask the City Attorney
about the State laws and for an explanation of the City's responsibility.
Ad;ournment
Motion by Commissioner Jack, seconded by Commissioner Jacobson, to adjourn.
Motion carried unanimously. Meeting adjourned - 1:00 A.M.
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Commission Clerk
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CI'TY 01 ANDOVER
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M E M 0 RAN 0 U M
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To:
PARK AND RECREATION COMMISSION
Copies To:
PLANNING AND ZONING CHAIRMAN
From:
CLERK
Da t e :
APRIL 2, 1976
Reference:
PARK DEDICATION - BARNES ADDITION, HULEGAARD ADDITION
Barnes Addition
Per Ordinance lOA, Section 9.07, the City can request "land only",
inasmuch as the average lot frontage is in excess of 300 feet. The
land dedication would amount to 6. 1 acres. If Mr. Barnes would
refuse to dedicate land, he would have the option of paying a cash
\ dedication, however, we cannot request it. 100/0 of the land value
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--' is $3,699. I believe it has been mentioned by Mr. Barnes that
he is considering the dedication of land for park purposes w~st
of Prairie Road. In order to suffice for this plat, it would have
to be contiguous to it and a part of it. Also mentioned was the
possibility of dedicating the 6.1 acres within the plat at this time
on a contjng~ncy that should he plat the area west of Frairie Road
at a later date, this parkland would become part of the dedication
on the new plat. This could not only present a legal problem, but
it would prohibit the City from developing this park with any
permanent im pr ovements.
Hulegaard Addition
There seems to be a question here of whether Mr. Hulegaard is
going to rezone the property to Neighborhood Business, for which
no park dedication is required; or plat it for the sole purpose of
donating the pond area to the City. If the later is the case, the
only decision remaining would be "do we want the pond".
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Patricia K. Lindq uist
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CITY 01 ANDOVER
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) M E M 0 RAN 0 U M
To:
PLANNING AND ZONING COMMISSION
Patricia K. Lindquist - Clerk/Treasurer
James E. Thurston - Building Official
Copies To:
F r rim:
T.K.D.A. - Rex Stockwell
D ate:
April 13. 1976
Reference:
Barnes Rolling Oaks Preliminary Plat Review
Andover Minnesota Commission #6223-76
Commission Members:
We have reviewed the Preliminary Plat of Barnes Rolling Oaks in Section
25 in the City of Andover. The following are our comments on the proposed
development:
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1) It is our understanding that the existing parcels 2400,600, and 4200
have been combined into one parcel of land. The remaining unplatted
land would, therefore, be greater than 20 acres and may remain unplatted
per Ordinance 10. The Commission should require proof of the combining
of all parcels prior to final approval of the Preliminary Plat.
2) The traveled width of all existing streets have not been indicated.
3) The width and type of surfacing of l46th Lane NW in Smith's Rolling
Oaks should be indicated.
4) The existing and proposed profile of l46th Lane NW to the East
edge of the plat should be indicated. Extension of l46th Lane to Prairie
Road will alter traffic patterns. This portion of l46th Lane must
also be upgraded to the typical rural section shown on the plat.
5) The centerline profile of the existing and proposed ditch and culvert
must be shown to show adequate drainage. A new profile may be required
to establish proper drainage.
6) All setback lines have not been shown. This would include rear
yard 50 feet, side yard along streets 30 feet, side yard along interior
lot lines 10 feet, and front yard 40 feet. All building setbacks along
Andover Boulevard and Prairie Road shall be 40 foot minimum as these
streets are ~ollectors and arterials.
7) Existing and proposed centerline profile of Goldenrod Street must
be shown. A proposed culvert in the drainage ditch and invert elevations
must also be shown.
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Planning and Zoning Commission
Page 2
8) The Commission should require Goldenrod Street to be constructed
along with 146th Lane and Prairie Road. This street would allow access
from Lot 5, Block 1 and Lot 6, Block 2.
9) Proposed common driveways should be shown for lots 5 and 4 of Block
2.
10) The typical roadway section shown should be revised to indicate
4" of Class 5 gravel rather than 3" of Class 5 gravel. This section
should also indicate a 4" centerline crown. We must also indicate that
all peat and unstable material must be removed from the proposed streets
and adjacent streets at the time of construction.
11) We have reviewed the soil boring information conducted by Suburban
Engineering, Inc. As recommended in the report, future soil investigations
must be conducted for each proposed or future dwelling to insure suitable
soil conditions. At this time, several lots appear to have unfavorable
soil conditions. The percolations tests appear to indicate favorable
conditions, however as mentioned in the report, concern must be given
to the North tier of lots and further tests may be required at the time
of construction of dwellings.
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Yours very truly,
T.K.D.A.
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Rex W. Stockwell
RWS:djh
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CITY of ANDOVER
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1685 CROSSTOWN BLVD. N.W.
ANOKA. MINNESOTA 55303
(612) 755,5100
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April 7, 1976
Bradley Wicklund
2022 Glenwood Avenue
Minneapolis, Minnesota 55405
Re: Barnes Addition Plat
Dear Mr. Wicklund:
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This is to confirm our telephone conversation of this morning in which
you were advised of the following changes necessary in the plat:
The entire Parcel #4200 containing 40 acres will have to be
included in the plat. This is necessary inasmuch as a parcel
containing less than the required 20 acres for metes and bounds
would remain. 1;'he portion not now included in the plat is that
which contains the Barnes homesite.
The proposed 146th Lane will have to be moved north to follow
the north line of the SE 1/4 of the NW 1/4 and the SW 1/4 of the
NE 1/4. The reason for this is that a small portion of the two
40's (Parcels #l200 and #4200) would not be included in the plat,
of which they must per Ordinances #10 and #10A.
In reply to your question of the cash value of the land to be platted, the
amount shown on the assessor's books is $53,320.00. 100/0 of this amount
would be $5,320. The City is requesting the dedication of land per our
Ordinance No. lOA, however, if you wish to donate cash, the amount of
$5,320 could be accepted. The decision on whether or not the City will
accept such an offer lies with the City Council.
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Mr. Stockwell of T. K. D. A. is reviewing the plat-you should hear from
him as to further engineering requirements within the next few days.
V ery tr~ yours;
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PatriciaK. :-Lindqtiist
Acting Administrator
cc: Rex Stockwell - T. K. D. A.
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ORDINANCE NO.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
AN ORDINANCE AMENDING 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.
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Section 2. Dogs on leash. The restriction imposed by Section 1
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.
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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 'given to the
owner of such dog, if known. In case the owner is unknown, such officer
shall post notice at the Clerk's Office or any place to be designated
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
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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.
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Section 7. Muzzling proclamation. Whenever the prevalence of
gydrophobia 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
owner.
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 any
one family residence unit or place of business. The restrictions of this
section shall not apply to persons obtaining licenses pursuant to Section 6.
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.
This ordinance shall become effective from and after it's passage
and publication as required by law.
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Adopted by the Andover City Council on this
1976.
day of
ATTEST:
CITY OF ANDOVER
Patricia K. Lindquist
Clerk/Treasurer
Richard J. Schneider, Mayor