HomeMy WebLinkAboutFebruary 25, 1975
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AGENDA
ANDOVER PLANNING AND ZONL."\TG MEETING - FEBRUARY 25, 1975, at
7:30 p. m., AT THE ANDOVER COMMUNITY GENTER.
1. Approval of minutes.
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V Castner's Addition _ Preliminary Plat (12-74-3)
v Marlow Strand _ Continued Public Hearing (974-6) q- -; t..f - h
v'Donald Wilbur - Variance (274-1) ~ 7~-1
v Shade Tree Public Hearing
(174-1)
Optional Item:
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Further discussion on Shore1and Zoning
(12-74-5)
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CITY 01 ANDOVER
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MINUTES
PLANNIN'G AND ZONING COMMISSION
February 25, 1975
The Regular Monthly Meeting of the Andover Planning and Zoning Commission
was called to order by Chairman Allan Miles, on February 25, 1975, 7:30 P.M.,
at the Andover Community Center, 1685 Crosstown Blvd. N. W., Anoka, Minnesota.
Members Present: Miles, Jaworski, Jack, Heil, and Johnson
Members Absent: None
Approval of Minutes of January 28, 1975, January 30, 1975, February 5, 1975
MOTION by Dave Jack, seconded by Ken Heil, to approve the Minutes of
January 28, 1975, January 30, 1975, and February 5, 1975, as written.
Motion carried unanimously.
Public Hearing - Castner's Addition (Comm. #12-74-3)
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Chairman Miles asked for comments from the audience, and extended an invitation
to the audience to view the Plat. The report from T. K. D. A. was read in full by
Chairman Miles. Commissioner Jack questioned Surveyor Winner on whether or
not the realignment of C. S. A. H. #7 by Anoka County would enter into the plat;
and was toldthat it \\-QuId not by Mr. Winner. Jack Erickson, 4725 - 162nd Lane,
asked the Commission if 163rd Avenue would be finished at this time, and was
informed that it would not.
Lynn Castner, representative for Melvin and Blanche Castner, noted that $100.00
per lot would be offered for Park Dedication.
MOTION by Heil, seconded by Jack, that the Planning and Zoning Commission
recommend to the Andover City Council, their approval of the Preliminary Plat
of Castner Addition as presented. It was noted that the Plat complied with all
section$of Ordinance 10 and lOA; and that the topography had been waived due to
the large lot sizes (10 acres each). Chairman Miles directed Clerk Jaworski to
trace down correspondence from Attorney Hawkins regarding half-street~
General discussion was held on the Plat inasmuch as the engineer's final comments
had not been received. It was noted that three (3) test borings were completed, and
that the half-street' would be dedicated.
Motion carried unanimously.
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Public Hearing - Strand Addition (Comm. #9-74-6)
The Commission reviewed the January 28, 1975 correspondence from Roger Anderso:p.,
T. K. D. A., and noted that Mr. Strand had complied with the requirements of
Ordinance 10 and lOA, and the Planning and Zoning Commission request that the
high-water mark be shown on the Plat.
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Planning and Zoning Commission - February 25, 1975
Minutes - Page 2
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Mrs. Robert Dillon questioned the Commission on road easements. Chairman Miles
informed Mrs. Dillon that easement had been provided on Mr. Strand's two (2) lots,
and Mr. Cross's one (I) lot.
MOTION by Johnson, seconded by Heil, that the Planning and Zoning Commission
recommend to the Andover City Council, their approval of the Preliminary Plat
of Strand Addition (2 lots) as presented. It was noted that Mr. Strand had complied
with the requirements of Ordinance # 1 0 and lOA; park dedication would be in the
form of cash; and the narrow lot width (158ft.) was covered by a variance from
Ordinance #8, Sec. 6.02 (Minimum Requirements).
Motion carried unanimously.
Donald Wilbur - Variance (Comm. #275-1)
MOTION by Johnson, seconded by Jack, that the Donald Wilbur variance request be
deferred until Attorney Hawkins can review the matter. (Clerk Jaworski to furnish
the attorney with pertinent information). Motion carried unanimously.
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Itman Brothers Property
The Commission discussed this item with the developer, Ron Smith; and per a request
from Mr. Smith, this will be reviewed on a "Sketch Plan" basis at the next regular
Planning and Zoning Commission Meeting.
Comprehensive Development Plan
The date of March 13, 1975, was tentatively set for final revisions on the Plan.
Public Hearing - Shade Tree Disease Ordinance (Comm. #1-75-1)
A model ordinance for the control of shade tree disease had been provided to the
City by Attorney Hawkins. The Planning and Zoning Commission read and made
necessary corrections to the model ordinance. Chairman Miles noted that the
City Council had requested the Commission to make such review.
MOTION by Heil, seconded by Jack, that the Planning and Zoning Commission
recommend to the Andover City Council, their approval and adoption of the
proposed Ordinance Relating to the Control and Prevention of Dutch Elm and
Oak Wilt Disease in the City of Andover; and that the Rules and Regulations of
the L)''lpartment of Agriculture, 4-AGR 101-120" m Minnesota Statutes Ch. 18.023,
be adopted by reference.
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General discussion on control matters was had, with Clerk Jaworski fielding
questions. It was noted that the State Law requires a local ordinance; and this
ordinance, after acceptance by the City Council, must be presented to the State
Commissioner of Agriculture, or the City must comply with State Statutes that apply.
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Planning and ZO'la.llg CorL ..ission - February 25, 1975 \)
, Minutes - Page 3
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Shade Tree Disease Ordinance (Continued)
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Clerk Jaworski was directed to have the model ordinance retyped with corrections
shown; and to present the corrected model ordinance to the City Council for their
review prior to action on March 18, 1975.
Motion carried unanimously.
Chairman's Comments
Chairman Miles asked the Newsletter Editor, Jaworski, how close he was to print
time; and was told that all assignments had not yet been received.
It was noted that the Planning and Zoning Commis sion must move on with action
on Shoreland Zoning.
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Chairman Miles informed the Commission that he would be resigning as of Apt-n 1, 1975;
noting pressing business and personal reasons. He stated that his two years on the
Planning and Zoning Commission had been very rewarding and satisfying, and felt
that he would probably be back on the Commission some day.
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MOTION by Johnson, seconded by Jack, that the meeting be adjourned.
carried unanimously.
Motion
Meeting adjourned 10:30 P.M.
Respectfully Submitted:
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Arthur J. <raworski - Clerk \
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CITY 01 ANDOVER
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March 13, 1975
TO: ANDOVER MAYOR AND CITY COUNCIL
FROM: PLANNING AND ZONING COMMISSION
SUBJECT: SHADE TREE DISEASE CONTROL ORDINANCE
The following is submitted for your consideration:
"Planning and Zoning Commission Meeting - February 25, 1975"
Motion by Heil, seconded by Jack, that the Planning and Zoning
Commission recommend to the Andover City Council, their
adoption of the proposed 'Ordinance Relating to the Control and
Prevention of Dutch Elm and Oak Wilt Disease in the City of
Andove r I .
The Commission reminds the Council of two items as follows:
I} If adopted, the ordinance must be approved by the
State Commissioner of Agriculture.
2) State Statutes requires municipalities in the 7 -County
Metro Area to attempt and prevent Dutch Elm and
Oak Wilt disease, therefore, Minnesota Statutes, Ch. 18.023;
and 4-AGR 101-120, Rules and Regulations of the Department
of Agriculture, should be adopted by reference.
Motion carried unanimously.
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Arthur J. Jaworski - Clerk
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Planning and Zoning Commission
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AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF
DUTCH ELM AND OAK WILT DISEASE WITHIN THE CITY OF ANDOVER.
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SECTION 1.
The City of Andover ordains:
SECTION 2.
Declaration of Policy. The City Council of Andover has
determined that the health of the elm and oak trees within the City limits are
threatened by fatal diseases known as Dutch Elm disease and Oak Wilt disease.
It has further determined that the loss of Elm and Oak trees growing upon public
and private property would substantially depreciate the value of property within
the City, and impair the safety, good order, general welfare and convenience
of the public. It is declared to be the intention of the Council to control and prevent
the spread of these diseases and this Ordinance is enacted for that purpose.
SECTION 3.
Forester. Subd. 1.
Position Created
The position of Forester is hereby created within the City.
Subd. 2.
Duties of Forester. It is the duty of the forester to coordinate
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under the direction and control of the Council, all activities of the municipality
relating to the control and prevention of Dutch elm and Oak wilt disease. The
Forester shall recommend to the Council the details of a program for the control
of such diseases and perform the duties incident to such a program adopted by the
Council.
SECTION 4.
Dutch Elm and Oak Wilt Disease Program.
Subd. 1.
It is the intention of the City of Andover to conduct a program of
plant pest control pursuant to all the powers of this municipal corporation including
the authority granted by Minnesota Statutes 1961, Section 18.023.
This program is directed specifically at the control and elimination of
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Dutch Elm and Oak Vlilt disease fungus and elm or oak beetles and is undertaken
at the recommendation of the Commissioner of Agriculture and the Council in the
cnnduct of this program.
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SECTION 5.
Nuisances Declared.
Subd. 1.
The following things are
'\ public nuisances whenever they may be found within the City of Andover.
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A. Any living or standing elm tree or part thereof infected to any degree
with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or
which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or
Hylungopinus Rufipes (Marsh).
B. Any dead elm tree or part thereof, including legs, branches,
stumps, firewood or other elm material from which the bark has not been
removed and burned or sprayed with an effective elm bark beetle insecticide.
C. Any living or standing northern red oak, Quercus Rubra, northern
pin oak, Quercus Ellipsoidalis , black oak, Quercus Velutina, and scarlet oak,
Quercus Coccinea or part thereof infected to any degree with the oak wilt disease
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Ceratocystis Fagacearum or which harbors oak bark beetles Nitiduleds.
D. Any dead oak tree or part thereof including legs, branches, stumps,
firewood or other oak material from which the bark has not been removed and
burned or sprayed with an effective oak beetle insecticide.
Subd. 2.
Abatement. It is unlawful for any person to permit any public
nuisance as defined in subdivision 1 to remain on any premises owned or controlled
by him within the City of Andover.
Such nuisances maybe abated in the manner
prescribed by this Ordinance.
SECTION 6.
Inspection and Investigation.
Subd. 1. Annual Inspection
The forester shall inspect all premises and places within the City of Andover as
often as practicable to determine whether any condition described in Section 5 of
this ordinance exists thereon. He shall investigate all reported incidents of
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infestation by Dutch Elm fungus, oak or elm bark beetles or Oak Wilt fungus.
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Subd. 2.
Entry on Private Premises. The forester or duly authorized
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age n ts may enter upon private premises at any reasonable time for the purpose
of carrying out any of the duties assigned to him under this ordinance.
Subd. 3.
Diagnosis. The forester shall, upon finding conditions indicating
Dutch Elm or oak wilt infestations, immediately send appropriate specimans or
samples to the Commissioner of Agriculture for analysis, or take such'other steps
for diagnosis as may be recommended by the Commissioner. Except as provided
in Section 8 no action to remove infected trees or wood shall be taken until positive
diagnosis of the disease has been made.
SECTION 7.
Abatement of Dutch Elm or Oak Wilt Disease Nuisances.
Subd. 1.
In abating the nuisances defined in Section 5, the forester shall
cause the infected tree or wood to be sprayed, removed, burned or otherwise
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effectively treated so as to destroy and prevent as fully as possible the spread of
Dutch Elm or Oak Wilt disease" fungus or elm or oak bark beetles. Such abatement
procedures shall be carried out in accordance with current technical and expert
opinions and plans as may be designed by the Commissioner of Agriculture.
SECTION 8.
Procedure for Removal of Infected Trees and Wood.
Subd. 1.
Whenever the forester finds with reasonable certainty that
the infestation defined in Section 5 exists in any tree or wood in any public or
private place in the City, he shall proceed as follows:
A. If the forester finds that the danger of infestation of other elm or oak
trees is not imminent because of elm or oak dormancy, he shall make a written
report of his findings to the Council, which shall proceed by (1) abating the nuisance
as a public improvement under Minnesota Statutes Ch. 429 or (2) abating the nuisance
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B. If the forester finds that danger of infestation of other elm or oak trees
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nuisance will be abated within a specified time, not less than 5 days from the date
of mailing of such notice. The forester shall immediately report such action to
the Council and after the expiration of the time limited by the notice he may abate
the nuisance.
Subd. 2.
Upon receipt of the forester I s report required by Subd. 1, part A,
the Council shall by resolution order the nuisance abated. Before action is taken
on such resolution, the Council shall publish notice of its intention to meet to
consider taking action to abate the nuisance. This notice s.haU be mailed to affected
property owners and published once no less than one week prior to such meeting.
The notice shall state the time and place of the meeting, the streets affected,
\ action proposed, the estimated cost of the abatement, and the proposed bases of
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assessment, if any, of costs. At such hearing or adjournment thereof, the Council
shall hear property owners with reference to the scope and desirability of the
proposed project. The Council shall thereafter adopt a resolution confirming
the original resolution with such modifications as it considers desirable and provide
for the doing of the wO!l:'k by day labor or by contract.
Subd. 3. The forester shall keep a record of the costs of abatements done
under this Section and shall report monthly to the City Clerk (or other appropriate
officer) all work done for which assessments are to be made stating and certifying
the description of the land, lots, parcels involved and the amount chargeable to each.
Subd. 4.
On or before September 1 of each year the clerk shall list the
. total unpaid charges for each abatement against each separate lot or parcel to which
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they are attributable under this ordinance. The Council may then spread the charges
or any portion thereof against the property involved as a special assessment under
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Minnesota Statutes See 429.101 and other pertinent statutes for certification to the
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SECTION 9. Spraying Trees. Subd. 1. Whenever the forester determines
that any elm or oak tree or elIn or oak wood within the City is infected with
Dutch elm or oak wilt fungus, he may spray or treat all nearby high value elm or
oak trees, with an effective bark beetle destroying concentrate or fungicide or both.
Activities authorized by this Section shall be conducted in accordance with technical
and expert opinions and plans of the Commissioner of Agriculture and under the
supervision of the Commissioner and his agents whenever possible.
Subd. 2. All provisions of Section 8 apply to spraying and treatment
operations conducted under this Section.
SECTION 10. Transporting ElIn or Oak Wood Prohibited.
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bark-bearing elm or oak wood without having obtained a permit from the forester.
Subd. 1. It is unlawful for any person to transport within the City any
The forester shall grant such permits only when the purposes of this ordinance will
be served thereby.
SECTION 11. Interference Prohibited. It is unlawful for any person to
prevent, delay or interfere with the forester or his designated agents while they are
engaged in the performance of duties imposed by this ordinance.
SECTION 12. Penalty. Any person, firm or corporation who violates any
section of this ordinance is guilty of a misdemeanor and may be punished by a fine
of not to exceed $300.00 or imprisonment for 90 days or both.
SECTION 13. This ordinance is effective from and after its passage and
publication. Adopted by the City Council this
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da y of
, 1975.
ATTEST:
Mayor
Clerk