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030309 planning commission CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES March 3, 2009 City Hall, 7 p.m. CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Vice Chair Oelkers called the meeting to order at 7 p.m. ROLL CALL Present: Paul Anderson, Jim Brinkman, Pat Crough, Jeff Houle (arrived 7:23 p.m.), Sandra Hunten, Roger Landy, Ranjan Nirgudé, Bill Oelkers, Tom Schmidt, Steve Svendsen Absent: None Also Present: Eric Weiss, Community Development Assistant, Steve Sondrall, City Attorney, Pamela Sylvester, Recording Secretary Greeting from Mayor Mayor Hemken thanked the Commissioners for all the work they do Hemken voluntarily for the city. She stated they perform an incredibly important service for the city for free in these hard economic times, and she appreciated all they do. Vice Chair Oelkers stated he was excited for the new attitude at city hall. CONSENT BUSINESS There was no Consent Business on the agenda. PUBLIC HEARING PC09-01 Vice Chair Oelkers introduced Item 4.1, discussion regarding the city of Crystal 2030 Comprehensive Plan, city of Crystal, petitioner. Item 4.1 Mr. Eric Weiss reported that Crystal submitted its comprehensive plan update to New Hope for review and comment as required by the Metropolitan Council. Staff, including the Community Development, Parks and Recreation, and Public Works departments, reviewed the plan and was of the opinion that the proposed update would have no significant impact on New Hope. Staff was concerned with the Bassett Creek Regional Trail, which would connect French and Theo Wirth parks via Plymouth, New Hope, Crystal and Golden Valley. New Hope and Three Rivers Park District intended the trail to cross Highway 169 at 36th Avenue on the new pedestrian bridge, turn south at Boone Avenue to 32nd Avenue where the trail would turn to the east, per the New Hope Comprehensive Plan. The Crystal plan suggested the trail would continue east along 36th Avenue into Crystal. Both New Hope and Three Rivers Park District agree that continuing the trail along 36th Avenue could pose a safety issue due to numerous driveways along 36th Avenue. Staff recommended that the Planning Commission discuss the plan and its comments would be forwarded to the City Council for review. Mr. Weiss stated that staff wanted Crystal to be aware that New Hope and Three Rivers Park District did not approve of the trail plan it selected. Comments from the City Council would be forwarded to the Metropolitan Council and the city of Crystal. Commissioner Brinkman wondered where the trail crossed Highway 100. Commissioner Svendsen stated he thought the trail progressed through Lions Park to Bassett Creek Park along 32nd Avenue where it crossed the highway. Mr. Weiss confirmed that Three Rivers Park District oversaw this particular trail. He also stated that when Crystal staff reviewed New Hope’s plan, they recommended the trail follow the 36th Avenue to Nevada route. Commissioner Landy initiated discussion on the status of New Hope’s plan. Mr. Weiss reported that the plan was submitted to Met Council on December 31, 2008. Met Council gave an informal review in December with several pages of corrections. Staff and consultants have since reduced that number by half for the formal review, and are still working on some of the larger components that were not fixed prior to the December 31 submission. Vice Chair Oelkers reported that an email was received from Commissioner Houle, who was absent, which stated that he supported the trail along 32nd Avenue. He stated “the primary reason to turn south at Boone and the east at 32nd is to connect the regional trail route with Hidden Valley Park. The 32nd alignment if continued east past Louisiana would allow the trail to connect to Lions Park in Crystal as well.” MOTION Motion by Commissioner Landy , seconded by Commissioner Crough, to Item 4.1 approve Planning Commission Resolution No. 09-01 regarding comments on the Crystal Comprehensive Plan update, city of Crystal, petitioner, including the following recommendation: Regional Trails: The proposed Bassett Creek Regional Trail will connect French and Theo Wirth parks through Plymouth, New Hope, Crystal and Golden Valley. The city of New Hope and Three Rives Park District intend the trail to cross Highway 169 at 36th Avenue, turn south at Boone Avenue and continue to 32nd Avenue where the trail will turn to the east. Due to the numerous driveways with limited sightlines along 36th Avenue, complaints received from area residents, and trail infrastructure already in place along Boone Avenue from 36th to 32nd avenues, the city of New Hope recommends the Crystal Comprehensive Plan be revised to show the trail along 32nd Avenue. Voting in favor: Anderson, Brinkman, Crough, Hunten, Landy, Nirgudé, Oelkers, Schmidt, Svendsen Voting against: None Absent: Houle Motion carried. PC09-02 Vice Chair Oelkers introduced Item 4.2, an ordinance amending Chapter 2 Planning Commission Meeting March 3, 2009 Item 4.2 2 of the New Hope City Code by establishing an Administrative Fines Enforcement Program and an ordinance amending Chapter 3 of the New Hope City Code by establishing regulations to secure vacant buildings, city of New Hope, petitioner. Mr. Eric Weiss requested the Planning Commission discuss ordinances creating an Administrative Fines Enforcement Program and authorizing the city manager to have vacant buildings secured. Code section 2-60 would deal with the administrative fines program and Code section 3-34 would deal with securing vacant buildings. He stated that staff and the Commission previously discussed options for ordinance amendments to establish administrative citations as a result of increased state surcharges and administrative warrants due to increased home foreclosures and vacancies in the city. Minnetonka and Crystal currently utilize this program, as well as other cities around the state. At this time the state surcharge is $72 which brings most citations well over $100 for something as minimal as a trash can violation. The city only receives about $13 of the fine money for each citation issued. The state and county receive a majority of the fine money. Benefits of the program include, but are not limited to, more oversight on code compliance, increased revenue for the city, reduced hostility between residents and staff, lower citations fees for violators, and reduced court costs. Many cities have enacted administrative citations for code/building violations. The State Attorney General and State Auditor have warned cities not to enact low-level traffic violations with this program, therefore, New Hope will not include traffic violations in its administrative citation program. Mr. Weiss explained the process for administering citations: 1) complaint received and inspection completed; 2) violation found, administrative notice sent, property owner allowed 10 days to be in compliance; and 3) if violation remained after 10 days, administrative citation issued. The violator would have seven days after the citation is issued to pay the fine or request a hearing. If the fine is paid, citation closed. Property owner can request administrative hearing, which is scheduled by the city clerk and the outcome would be determined by a hearing officer. A hearing officer typically would be a retired attorney or judge, not connected with the city, hired by the city to oversee the hearing. If the fine is not paid, a 10 percent late fee would be added every week payment is not received for a maximum of four weeks. If the violation remains at the end of that time, a second citation can be issued, corrections can be completed by the city and assessed to the property, or a regular county citation could be issued. The program would be voluntary and alleged violators would have the opportunity to proceed with regular county citations, which include higher fees and criminal charges. Fines are based on the level of severity of the violation. Level one (nuisance issues) fines are proposed to be $50; level two (higher degree of level one or other more severe issues) $100; and level three (immediate 3 Planning Commission Meeting March 3, 2009 danger, life and safety issues) $150. If multiple citations regarding the same violation are issued within a 12-month period, fine amounts increase by 25 percent for a second offense, 50 percent for a third, and double for a fourth. Mr. Weiss added that the city of Crystal has utilized this program for several years and highly recommended the program. During 2008, Crystal issued 537 citations and had 11 appealed through an administrative hearing, which was higher than all the previous years together. New Hope’s program was modeled after Crystal’s program. He stated other cities have had similar positive experiences. Mr. Weiss stated that due to the rising number of foreclosures and home vacancy problems such as bursting pipes, flooded basements, ice, mold, squatting, and general deterioration have taken place in the city. These issues potentially pose a threat to the life and safety in the community and require immediate action by city officials. Currently, state law permits the Council to authorize proper securing of vacant homes; however, due to the timing of Council meetings, this is not an efficient way of handling pressing issues. The proposed ordinance would give the Council the authority to grant the city manager the right to order the securing of vacant buildings by shutting off utilities and locking windows and doors. The Codes and Standards Committee and staff discussed these ordinances and recommend approval. Staff suggested the full Planning Commission discuss the administrative citations and administrative warrants ordinances. If the Planning Commission recommended approval, the City Council would consider the ordinances in March. Commissioner Crough questioned how the buildings would be secured. Mr. Sondrall, city attorney, suggested the building would be posted that the city had secured the building. The ordinance for securing vacant buildings allowed the city to enter the property and do take corrective measures on the property prior to notifying the owner. The bank and/or property owner would be made aware that the city had taken action to secure the building. The ordinance would allow the city to take immediate action, which is authorized by state law, rather than waiting for the City Council to direct staff to secure the vacant building. Vice Chair Oelkers recommended that staff review Brooklyn Park’s ordinance and procedures. He stated Brooklyn Park city staff had a good working relationship with the utility companies. Mr. Weiss added that New Hope receives weekly updates from the gas company and utility billing also flags properties for the inspectors to check. Commissioner Svendsen suggested clarification on several items in the enforcement manual. Mr. Weiss indicated that staff would continue to work through several issues related to this program. Svendsen questioned whether the definition of “days” and was business days. Mr. Sondrall 4 Planning Commission Meeting March 3, 2009 interjected that the manual explained the procedure for informing the public of its options and agreed changes could be made. Commissioner Nirgudé questioned the high number of citations issued by Crystal in 2008 and Mr. Sondrall stated that this ordinance didn’t apply only to zoning and building code enforcement issues, but the entire city code. Mr. Weiss added that Crystal staff indicated that they had not issued as many citations in the past as they do now with the administrative citations. Commissioner Nirgudé initiated discussion on whether or not the hearing officer could take into account job status when determining the amount of the fine. He stressed these were hard times for residents. Commissioner Brinkman commented that the citation was not the first step. The property owner would have 10 days to correct the violation after the first notice was sent, and in that case no fine would be imposed. If the property owner would need a few more days to correct the violation, they could call the inspections department and they may be allowed a few extra days. Commissioner Anderson questioned how the city would enter vacant homes. Mr. Sondrall answered that many times the doors were left unlocked. In the case where a house is secure, but pipes have burst in the home and there is a public health and safety issue, government has the right to make a warrant-less entry into the property. If the property is vacant and secure, he stated he didn’t think a civil rights action would be brought against the city when the city was trying to prevent more damage to the home due to water damage. The owner, mortgage company or bank would be contacted to inform them of the action taken. The city would only be able to enter a property for health and safety reasons. Commissioner Anderson requested clarification on the “good cause” clause regarding the administrative hearing that the violator requested. The violator could call to reschedule their appointment if they could not attend; not showing up for the hearing or saying they forgot or couldn’t get a babysitter would not be good cause. There would only be daytime hearings scheduled. In answer to a question, Mr. Weiss confirmed the additional workload would be handled by existing staff and staff was currently utilizing a computer program that could be slightly adjusted to accommodate tracking the violations and citations issues. Mr. Sondrall stated that any revenue from this program would need to be accounted for in the annual audit. Commissioner Houle wondered what costs may be associated with the implementation of this program. Mr. Weiss stated there may be some minor costs for training in the use of the computer program. Also costs for printing forms, postage, and the hearing officer. Crystal pays the 5 Planning Commission Meeting March 3, 2009 hearing officers $100 per case plus mileage and $50 for no shows plus mileage. Fines may or may not cover the cost of the hearing officer. The hearing officer would have the authority to adjust the amount of the fine, depending on the circumstances of the specific case. Houle suggested that the manual clarify if the violator contests the citation, the hearing officer may impose a higher fine. Commissioner Nirgudé offered that another advantage of the program was that if more cases were handled by the city, it may lower court costs and the attorney’s costs. Mr. Sondrall stated he would welcome a reduction of these types of violations from the county court system and place them into a more informal system. Vice Chair Oelkers recommended that the commission vote on each ordinance separately. He suggested that city staff talk to Brooklyn Park to see how they deal with vacant properties. He suggested that staff find out which realtors are listing the vacant properties and gain a working relationship with them because they would be taking care of the problems. MOTION Motion by Commissioner Landy, seconded by Commissioner Brinkman, Item 4.2 to approve Planning Case 09-02, an ordinance amending Chapter 2 of the New Hope City Code by establishing an Administrative Fines Enforcement Program, city of New Hope, petitioner. Voting in favor: Anderson, Brinkman, Crough, Houle, Hunten, Landy, Nirgudé, Oelkers, Schmidt, Svendsen Voting against: None Absent: None Motion carried. MOTION Motion by Commissioner Landy, seconded by Commissioner Crough, to Item 4.2 approve Planning Case 09-02, an ordinance amending Chapter 3 of the Ne Hope City Code by establishing regulations to secure vacant buildings, city of New Hope, petitioner. Voting in favor: Anderson, Brinkman, Crough, Houle, Hunten, Landy, Nirgudé, Oelkers, Schmidt, Svendsen Voting against: None Absent: None Motion carried. Commissioner Houle questioned a news report he heard regarding the county not prosecuting traffic violations due to budget constraints. Mr. Sondrall corrected that cities prosecute traffic violations and all traffic violations that are a misdemeanor or gross misdemeanor level are prosecuted by his office that emanates from the New Hope Police Department. The court system, due to budget restraints and the volume of traffic violations, was planning on decriminalizing some of the violations. Fine schedules would be established that could be paid for a 6 Planning Commission Meeting March 3, 2009 particular violation. Mr. Sondrall stated he disagreed with this proposal. These tickets would still be prosecuted, and a fine paid, just not be subject to jail time. This was an effort to unclog the court calendar. COMMITTEE REPORTS Design and Review Commissioner Svendsen reported that the Design and Review Committee did not meet in November. Mr. Weiss mentioned staff was expecting an Committee application from the YMCA for a splash deck on the north side of the Item 5.1 building. The committee would be contacted if a meeting was necessary on March 19. Codes and Standards Commissioner Landy reported that the Codes and Standards Committee met in February to discuss administrative citations and securing vacant Committee buildings and administrative warrants. Commissioner Schmidt is the new Item 5.2 chair of this committee replacing Kathi Hemken. OLD BUSINESS Commissioner Hunter initiated discussion on the volleyball courts constructed last summer at New Hope Bowl. Mr. Sondrall indicated that Miscellaneous Issues Mr. Bender had not reported any neighborhood problems and the courts were a great success. Commissioner Brinkman stated he had also talked to Mr. Bender and indicated they were very pleased with the operation. None neighbors indicated any problems due to noise or litter. Vice Chair Oelkers suggested staff provide a brief update on previous planning cases that were approved by the Commission, such as the Sims Park twinhomes and other projects. He stated he felt it would be beneficial for the commissioners to know the status of the projects they approved and how it turned out. Commissioner Houle stated he hoped staff could contact Mr. Karges for a tour of the “green” home. NEW BUSINESS Election of Officers Vice Chair Oelkers opened the floor for nominations for chair, vice-chair, and third officer. Commissioner Svendsen nominated Bill Oelkers as Item 7.1 chair, Jeff Houle as vice-chair, and Jim Brinkman as third officer. Seconded by Commissioner Landy. All voted in favor. Motion carried. Committee assignments include: Codes and Standards: Chair Schmidt, Commissioners Brinkman, Crough, and Hunten. Design and Review: Chair Svendsen, Commissioners Oelkers, Anderson, Houle and Nirgudé. Commissioner Landy will continue to serve as needed. Motion to Approve Motion by Commissioner Landy, seconded by Commissioner Crough, to Minutes approve the Planning Commission minutes of December 2, 2008. All Item 7.2 voted in favor. Motion carried. ANNOUNCEMENTS Commissioner Houle wondered whether or not there was a meeting with Ryan and the school board scheduled sometime soon and the consensus was that the school board was working on other issues. 7 Planning Commission Meeting March 3, 2009 ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:10 p.m. Respectfully submitted, Pamela Sylvester Recording Secretary 8 Planning Commission Meeting March 3, 2009