HomeMy WebLinkAboutOctober 28, 1975
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C'7Y of ANDOVER
PLANNING AND ZONING COMMISSION
REGULAR MEETING - October 28, 1975
AGENDA
Approval of Hinutes
1. C 0IIlIIl. #7-75-3 O'Brien Public Hearing
2. Comm. #10-75-5 Parking Ordinance Review
3. Comm. #7-75-4 Weed Ordinance Review
4. Comm. 1F1O-75-7 Sanitary Sewer Ordinance
Publish: October 24. 1975
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C'''Y 01 ANDOVER
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REGULAR PLANNING AND ZONING COMMISSION MEETING
OCTOBER 28, 1975
MINUTES
The Regular Meeting of the Andover Planning and ZOning Commission was
called to order at 7:30 P.M., by Chairman Dave Jack, on October 28,
1975, at the Andover Community Center, 1685 Crosstown Boulevard NW,
Anoka, Minnesota 55303.
Commissioners Present: Ken Heil, Art Jaworski, Dean Johnson, and Ken
Orttel
Commissioners Absent: Mark Arnold and Arleane Nehring
Also Present: Darrel Berkowitz and Rex Stockwell of T.K.D.A., Norman
Werner - City Administrator, Wally Arntzen - Building Official, Rick
Christenson - Anoka County Sheriff's Department, and others
Minutes
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Motion by Commissioner Heil, seconded by Commissioner Orttel, to
accept the minutes of October 14, 1975 as written. Vote on motion:
yes - Orttel, Heil, Jaworski, Jack; present - Johnson. Motion carried.
O'Brien Acres Public Hearing (Comm. 17-75-3)
Mr. and Mrs. Robert O'Brien were present for the Preliminary Plat Public
Hearing. Rex Stockwell gave his Engineer's Report on the plat to the
Commissioners and the O'Briens (Copy attached). Significant comments
as follows:
1. Should be 39,000 square feet minimum according to
Ordinance 10, Section 9.06 - A(2).
6. Future Subdivision plat will be required.
7. Should be 8.04A.
10. $100 per lot park fee may be required.
12. Driveways would be a little over 400 feet apart, which
is considerably less than the 660 feet required on a
County road. The Commission recommends the O'Briens,
or their Surveyor - John Oliver, go to the County Surveyor
or Paul Ruud, of the Highway Department, to see about
the driveway problem.
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Motion by Commissioner Jaworski, seconded by Commissioner Johnson, to
continue the Public Hearing on November 11 on the Preliminary Plat of
O'Brien's Acres to give the O'Briens time to consult with their Surveyor
and to put this Preliminary Plat in the proper order according to Ordinance
lOB. Motion carried unanimously.
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Planning and Zoning Commission Meeting
Minutes - October 28, 1975
Page 2
Parking Ordinance Review (Comm. ~10-75-5)
Commissioners discussed the Parking Ordinance drafted from discussion
at the last meeting. Commissioner Orttel would like Section 4 changed.
Rick Christenson. Sheriff's Deputy. was asked to give his opinion on
the Ordinance. Mr. Christenson and the Commissioners talked about
sizes of trucks. "platted" versus "residential". and the distance a
truck should be parked from a house.
Motion by Commissioner Orttel. seconded by Commissioner Heil. that
the Planning and Zoning Commission change the Section 4 portion of
the Ordinance to read: "No trucks in excess of 3/4 ton rated capacity
shall be parked. stored. or repaired on public streets or in the open
on private property within 500 feet of any platted residential district,
except that trucks may make normal deliveries." and that this be an
amendment to be forwarded to the City Council.. Vote on motion: no-
Jack. Jaworski. Johnson; yes - Heil. Orttel. Motion defeated.
Motion by Commissioner Jaworski. seconded by Commissioner Johnson.
that the Parking Ordinance which has already been passed on by the
Planning and Zoning Commission be submitted as is to the City Council.
Vote on motion: no - Orttel. Heil; yes - Johnson. Jaworski. Jack.
Motion carried. Commissioners Heil and Orttel stated their dissatisfaction
with Section 4 of this Ordinance and feel it is too harsh for the City
at this time.
Weed Ordinance Review (Comm. 17-75-4)
A copy of a letter of recommendation (Copy attached) from City Attorney.
William G. Hawkins, was presented regarding the Weed Ordinance drafted
2 weeks ago. Walter Arntzen. Norman Werner. and the Commissioners
discussed fines. etc.. in Section 6 of the Ordinance; and, also. Section
5 regarding "penalty" versus "interest".
Motion by Commissioner Johnson. seconded by Commissioner Jaworski.
to change the Weed Ordinance by adding: ''maximum allowable interest"
(In Section 5) instead of the word "penalty. change "registered" to ,
"certified" (In Section 4). to incorporate Mr. Hawkins' suggestions
for Section 5. and reword Section 6 as he suggested and pass it on to
the City Council. Amendment by Commissioner Johnson. seconded by Commissioner
Jaworski. to revise the motion to read as Mr. Hawkins suggested in
Section 5 and add in Section 6 the following: Any person. firm. or
corporation who violates any section of this_ordinance or who shall
obstruct the weed inspector. etc. Amendment carried unanimously.
Motion carried unanimously.
Planning and Zoning Commission Meeting
Minutes - October 28, 1975
Page 3
Proposed Public Sanitary Sewer Ordinance (Comm. #10-75-7)
Darre1 Berkowitz furnished the Commission with copies of the Proposed
Ordinance. Discussion followed on: 1) SAC charges - reason for and
cost. 2) $1.000 unit assessment charge, 3) length of time allowed to
hookup to public system - The majority of the Commissioners felt that
60 days wasn't long enough for homeowners to pay the charges required
to hookup. Mr. Arntzen stated his request for 30 days and reasons,
and that 60 days was a compromise with T.K.D.A. The Commissioners
thought 90 days would be better. 4) definitions of conforming and
non-conforming systems, 5) funds or loans which might be available
for this purpose, 6) the first section of public sewer will be available
for hookup the middle of November, 7) this Ordinance will be on the
City Council Agenda November 4. 1975, 8) Section II - C Mr. Berkowitz
stated that this was in the Ordinance in error and will be deleted
before it goes to the City Council.
Motion by Commissioner Jaworski, seconded by Commissioner Johnson, that
the Andover Planning and Zoning Commission recommends the Andover City
Council approve the Proposed Public Sanitary Sewer Ordinance as corrected
on 10-28-75 by the Commission. All references to fees and charges are
excluded from this motion because this is not in the realm of Planning
and Zoning Business. Commissioner Johnson stated I~y rubber stamp
approval is resting on the qualified opinions of Mr. Werner, Mr. Arntzen,
and T.K.D.A. Engineers - Darrel Berkowitz and Rex Stockwell. Vote on
motion: yes - Jack, Jaworski, Johnson; no - Heil, Ortte1. Motion
carried.
Ad;ournment
Motion by Commissioner Jaworski, seconded by Commissioner Johnson, to
adjourn. Motion carried unanimously. Meeting adjourned 11:30 P.M.'
Motion by Commissioner Jaworski, seconded by Chairman Jack, to reopen
the meeting. Motion carried.
State Aid Road System
Darrel Berkowitz showed the proposed County State Aid Roads of Andover
and explained the funding and allocations to the Commissioners. The
funds come from gas taxes collected. Andover is being allocated $80.000
and $12,000 of this is for Maintenance. According to population, the
City is allowed 13 ciles of C.S.A. Roads.
Ad;ournment
Motion by Commissioner Jaworski, seconded by Commissioner Heil, to adjourn.
Motion carried unanimously. Meeting adjourned - 12:10 A.M.
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October 28, 1975
ANDOVER PLANNJl\lG AND ZONING COMMISSION
Andover,
Minne s ota
Re: O'Brien's Acres
Preliminary Plat Review
Commission Members:
The following is a brief discussion of the above referenced preliminary
plat, making special points of interest and information required by
Ordinance:
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1. The area is zoned R-3, 20,000 SF minimum lot area.
The plat is divided into three lots of approximately 2.34
acres each.
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2. The title should indicate "City of Andover", rather than
"Andover Township".
3. Address of owner (8.0l-c).
4. Zoning classifications within 300 feet of plat (8. 02-c).
5. Drainage will be overland by natural drainage ways.
No additional drainage facilities will be required.
6. The area can be further subdivided. The Commission
may like to see a future subdivision plan. The lot
alignment will allow for reasonable future street
alignment as the property further develops.
7. Type of residential development (8.04- b)
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PlalU1.ing and Zoning Commission
October 28, 1975
Page 2
8. Source of water supply (8. 04-b).
9. Facilities for sewage disposal (8. 04-c).
10. Parkland dedication fee for three lots of residential
development.
11. Soil borings should be required to indicate existing soil
conditions. This would require two for this area as
representative borings (10.10).
12. Lots 1 and 2 front on County Road 58, provisions for a
service road must be made for 40 feet wide or as required
by Anoka County. Access from the two lots onto the County
Highway should be made at intervals of 660 feet. This must
be accomplished by a common driveway. The plat should be
submitted to the County for review and comments.
We will discuss this letter with the Commission at the October 28, 1975
Meeting.
Yours very truly,
TOLTZ, KING, DUVALL, ANDERSON & ASSOCIATES
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Rex
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W. Stockwell
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cc: Norman J. Werner - Administrator
Patricia K. Lindquist - Clerk
Walter L. Arntzen - Assistant Administrator
William G. Hawkins - Attorney
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BABCOCK. LOCHER. NEILSON & MANNELLA
ATTORNEYS AT LAW
NORTHTOWN CENTER
117 NOH.THTOWN DRIVIo;
BLAINE, MINSESOTA ~5434
TEL. I (612) 7S0-02!50
EDMUND P. BABCOCK
LANDC'L J. LOCHER
JA~ES Y. NEILSON
FELIX A. MANNELLA
JOI!N R. SPEA!<:MAN
RICHARD DEENS
!{O~l!':RT F. MANNELLA
..:'(l!1N' M. nURH:E
ANOKA OFFICE
118 EAST MAIN STHF.F.T
ANOKA. MINNESOTA !'i!'!l30'::'
TEL. (81,2) 421.tH1H
\\"ILLIAM O. HAWKINS
_!"):-:A!'~D H. PETEHSON
October 211, 1975
~cvid Jack, Chairman
City of Andover
l<S5 Crosstown Blvd NW
.'-,;ol:a, flln 55303
?e: Weed Ordinance
Dear Dave:
= have reviewed the proposed ordinance regulating the growth of
~eeds in the City and enclose the following recommendations.
'jOlc_er Section 4, I would propose changing the statement "registered"
mail to !'certified" mail in accordance with the noxious weed sta~~te.
Although the Council has the authority to regulate non-noxiouG wee(~
through its own procedures, the regulation of noxious weeds is al00
Governed by State statute which requires a certified mailing and,
therefore, this recommended change.
Under Section 5, I would recommend that the remaining portion of the
section starting with the third sentence be changed to the following:
"Notice in writing of the work done, and the costs and
expenses involved shall be served on the owner or
occupant of the property in accordance with the individual
notice provisions of Section 4. Such notice shall provide
a tabulation of the total cost and expenses involved and
shall indicate that if the total amount is not paid to the
City within 30 days or before the following October lst,
whichever is later, the costs and expenses shall be a lien
in favor of the City and a penalty of 8% will be added to
the amount due as of that date with a total cost, expenses
and penalties thereupon to be certified to the County Audito~
and entered by him on his tax books as a lien upon such
property."
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'J'Il(] rea:.Jon for tl1i:J cl1nngc ulrJo i::1 thnt tho Stato ntntutc L'DtllollDl1l'rl
this type of procedure in regard to noxious weeds which we must
follow.
In regard to Section 6, I would recommend that the provisions
re~arding the find and imprisonment be changed as follows:
Subject to a fine of not more than $300.00 or imprison-
ment for not more than 90 days or both.
',"hr" rr:r),rlf)n for the ch.'l.nf~(~! n that a1; 1;h,' tl IIi(' Coon H:WJd:l :llh'pt.'d
i,hr:ir ~/",-,tl f)r'r1'n:tn(~(', vlolll!"""II:: "I' flllllI!,'l!>:!1 "1',11111111<''' "''" It! "'11,\'
~,': [,'Jni::h':fj 1':11;11,: IJ.IfI') I III 1;:1 Itllt! t'fll":: ::,,1; ""I. I" 1.\\,'11' ,'\'\\11\:1\\\'\',
'~'~1~:; bU:3 oecm ::1UOf3cqucntJ.y cllLlngud ancl, tlWl'Cl'01'0, I ,,"QuId l',','","":",~,~
~he times and amounts which are reflected in the new state la~ ~e
included. I also raise for discussion the question whether the
Planning and Zoning Commission merely wants to make the interference
with the weed inspector a misdemeanor or whether they would like to
make the failure to abate nuisances defined in the ordinance by a
homeowner a misdemeanor violation also. If they do, a provision
should be added in Section 6 to reflect this intent.
If you have any further questions regarding the ordinance, please
feel free to contact me.
Sincerely,
lJ~~vSA~
William G. Hawkins
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