CITY OF NOWTHEN

PLANNING & ZONING COMMISSION MEETING

TUESDAY, JANUARY 27, 2009 @ 7:30 P.M.

(Minutes are being taped for transcribing purposes only)

Present: Barry Wagner Jeff Pilon Melanie Kern

Jim Scheffler Dale Ames Robert Mahutga

Harold Jorgensen Mary Rainville Al Ulwelling

Others: Barry Olson, Shane Nelson,

Building Official Engineer

Guests: D. Daniel Licht,

Northwest Associated Consultants

Chairman Ames called the meeting to order at 7:35 PM

·  Pledge of Allegiance

·  Chair Person to be appointed for P & Z for this year.

Ulwelling made the motion to appoint Jim Scheffler as Chair person for P & Z. Mahutga seconded the motion.

Pilon made the motion to reappoint Dale Ames as Chair person for P & Z. Kern seconded the motion.

Vote for Jim Scheffler – 2 for; 6 against

Vote for Dale Ames - 6 for; 2 against

Dale Ames is the 2009 P & Z Chair person.

Scheffler is the 2009 vice-Chair person.

·  Approve/Amend tonight’s meeting agenda – January 27th, 2009

Ulwelling made motion to approve tonight’s meeting agenda of January

27th, 2009. Rainville seconded the motion; all in favor, motion

carried.

·  Approve/Amend the November 25, 2008 Planning & Zoning Meeting Minutes There was one change in the minutes of Nov. 25, 2008 and that was on page 5 under item #3. - the eighth sentence should have read 4 more possible openings for the Planning & Zoning Committee and not new openings. Scheffler made motion to approve the amended Nov. 25, 2008 Planning & Zoning Meeting Minutes. Jorgensen seconded the motion; all in favor, motion carried. Deb Mahutga said there was one more little minor change in these minutes and that was on page one: the Approve/Amend meeting agenda said October 28th, 2008 and should have said November 25th, 2008 and the Approve/Amend - Planning & Zoning Meeting minutes said Nov. 25th , 2008 and should have said October 28th, 2008. So just to switch these two dates around please. Scheffler said to just amend his motion to include this change and Jorgensen said to second his amended motion; all in favor, motion carried. There was not a December Planning & Zoning Meeting because of holiday.

1.  PUBLIC HEARING – To Amend/Revise the City of Nowthen Nuisance Ordinance #6 to include the following Sections:

SECTION 1. Authority – No changes or amendments

SECTION 2. Findings and Purpose – No changes or amendments

City of Nowthen

Planning & Zoning Mtg January 27, 2009 Page 2

SECTION 3. Definitions

1.  Abandoned building - Rainville asked for

clarification of an unsecured building? She

said she’s thinking of buildings that are

vacant based on foreclosure.

Attorney Peterson said this definition meant a

building which has broken windows or unlocked

and unsecured; not necessarily just one that is

forclosured. Kern questioned then if this

was meant for all out buildings or storage

sheds that aren’t locked? Attorney Peterson

said yes it could if you wanted to add it. He

said it was meant to cover any building that

was dilapidated by our other ordinances.

The question is if it covers all buildings or

not and that would be up to the committee’s

decision. Kern said the farm buildings would

be a gray area.

Rainville said she would like to see some

wording for homes that are foreclosed and

vacant, not necessarily unsecured, but are

vacant. And also not limited to foreclosures,

but just vacant.

5.  Enforcement officer –

Wagner questioned if under enforcement officer

if it should also say Building Inspector.

Attorney Peterson said that this is covered

under the duly authorized representative.

Scheffler said when you read the whole

ordinance he felt that the responsibilities of

the enforcement officer are quite extensive and

is performed by trained people. Scheffler

thought the trained professional should not be

Council member. Attorney Peterson said yes he

would also agree with that. He said he had a

situation were, in fact, the city council was

an officer and it created problems.

Attorney Peterson said he would agree it would

be good to take City Clerk and Council member

out of this section.

12.  Noxious substances – Scheffler said he felt that the word manure should not be there because of course we have a lot of farms in Nowthen of which manure is very much present. Attorney Peterson said yes of course it would not be the same as in Minneapolis. Look at this subjectively, and it would have to be pretty bad to be an issue, but this can also be taken out.

City of Nowthen

Planning & Zoning Mtg January 27, 2009 Page 3

19.  Refuse – plant wastes such as tree trimmings or grass cuttings, should be allowed and often times these are a part of brush piles.

24.  Vermin – Kern said that in definition of vermin

she did not feel that raccoons should be so designated in an area this rural. Kern said they are here as part of the landscape and an unrealistic thing to enforce. Attorney Peterson said this was meant to say these vermins living in cars or homes and causing a health problem. But if wanted this also can be taken out.

SECTION 4. Nuisances

3. Weeds – Kern replied that the statement that

weeds 8” or more high needing to be mowed.

Again that would be an enforcement nightmare.

Does that mean that fields would have to be

mowed then? Attorney Peterson replied that you

can’t enforce everything, but this could be

changed.

Ames said that he knows in some commercial lots

where the weeds have been bad. Building

Official Olson said it can be bad also in

housing developments. He thought it might be

worded such as mowing yard areas. Kern said but

some homes have prairie grasses in their yards

too. This wording was taken from moderately

rural areas, (upper Hennepin County area)

Attorney Peterson said.

4. Stagnant water – Kern said would this, then,

include ponds and wet lands? Attorney Peterson

said no, so it should say to exclude ponds and

wet lands.

7. Sanitary Structures – It was stated that we have

septic tanks and drain fields. Attorney

Peterson said to reword it to say instead of not

permitted it should read as permitted per City

Ordinances.

8. Unsecured building

9. Dangerous structure

Pilon questioned if numbers 8. (Unsecured

building & 9. Dangerous structure were

defined?) Attorney Peterson said yes they were

in SECTION 4. numbers 1. and 4.

City of Nowthen

Planning & Zoning Mtg January 27, 2009 Page 4

15.  Obstructions –

A.  Snow and ice not removed from the public

sidewalks within 24 hours after the

precipitation has ceased to fall.

Scheffler asked if every person is

responsible for shoveling snow? Attorney

Peterson said usually this is city code,

but Nowthen doesn’t have as of yet.

Ames replied that he thinks this should

stay and we will eventually have sidewalks

in Nowthen.

Scheffler remarked that he thought the whole Nuisance Ordinance itself

seemed focused on residential and not so much the commercial. He

questioned if there should be a separate one for commercial? Attorney

Peterson answered and said that he usually only dealt with residential

and not commercial.

18.  Annoyances –

It was stated that these three sections A., B., & C. under Annoyances, all sound like they apply to commercial areas. Attorney Peterson replied that usually these comply through permits that are applied for.

Scheffler said he feels that number 18 is not meant for residential

areas. Ulwelling asked should there be verbage in the ordinance to

separate between the two? Attorney Peterson said it could be done that

way if the Council wanted it to.

Pilon said in Plymouth the residential meets up to commercial, the

lines are clear and if overlapping we need to know where and how to

handle. He said he feels the nuisances should be applied equally to

farm as well as residential.

Mahutga said he felt the whole Nuisance Ordinance applies basically to

downtown Anoka not us or rural. Kern agreed there are a lot of

contradictions.

20. Vehicle Violations –

Pilon asked if it wasn’t 2 licensed cars per

person allowed parked at residence? Attorney

Peterson said it should state the parking of

vehicles, outside. There is no limit of cars

parked inside of a building. Building Official

Olson said as it is now the number of vehicles on

a residential parcel may exceed by only 2 the

number of licensed drivers – meaning if there are

3 licensed drivers, then 5 licensed vehicles are

allowed. This new revised ordinance would allow

for six licensed vehicles.

SECTION 5. Violations – no changes or amendments

City of Nowthen

Planning & Zoning Mtg January 27, 2009 Page 5

SECTION 6. Disclosure of Responsible Party – no changes or

amendments.

SECTION 7. Inspection of Buildings –

Pilon stated that where it says upon the request

of the enforcement officer, the owner shall

provide the officer with access to all interior

portions of any buildings in order to permit the

officer to make a complete inspection – is that

permissible? Attorney Peterson said what they’re

saying is if they don’t allow it, it is then a

misdemeanor and then would get a search warrant,

since we’re a government entity. Peterson said

usually they ask for permission instead or take

pictures. He said he’d be very comfortable

removing this section. Ulwelling said he

thought this whole section should be removed. He

said he thinks it’s way too much power for a city.

Rainville questioned how would this be enforced if

this section is removed?

It would be handled as a misdemeanor and then a

search warrant would be served. Usually it can be

checked from the street or overhead (aerial) or

with neighbor complaints.

Pilon said it is not a witch hunt, it’s for

nuisances. Ulwelling agrees we shouldn’t be able

to go inside of pole barns. Mahutga agreed with

Ulwelling. Attorney Peterson agreed that this

section should be taken out.

SECTION 8. Order to Cease – no changes or amendments

SECTION 9. Abatement and Costs –

Comment made that there are a lot of vacant or

abandoned building out there at this time with the

economy crisis.

Question was if an additional flat rate cost

should also be charged to the owner of the

property?

Ulwelling stated that if vacant they probably

can’t afford anyway. Attorney Peterson said it

then would be assessed on the owner’s taxes to

recoup. Rainville said this should be an

incentive to owner to keep up and secure.

Attorney Peterson said we are recouping the costs

of the abatement only and he would have to check

if we can add additional cost.

Attorney Peterson said in Ramsey they are ticketed

and the abatement order to clean up or pay, fine

or go to District Court. He is not sure how good

the history has been on collecting the fines.

City of Nowthen

Planning & Zoning Mtg January 27, 2009 Page 6

Rainville said if okay by law she would like to

see us do both charges to recoup whatever costs

the city has in dealing with these properties.

Attorney Peterson said the cost could go to the

home owner by adding an Administration citation.

SECTION 10. Service – No changes or amendments

SECTION 11. Abatement Procedure

Mahutga questioned if the homeowner would first

appear before the Council and then have a

hearing? Attorney Peterson said no there would

be a hearing examiner first and then go to the

Council.

Pilon asked if the resident is not in violation,

what happens then? Attorney Peterson said if the

Hearing Examiner says that the resident is

correct – it then ends here and it doesn’t go to

the City Council.

Pilon asked how it is normally done? Attorney

Peterson said it is split – some contract with a

3rd party or lawyer (Admin. Lawyer) and he takes

testimony from both sides. If the person appeals

it goes to the City Council. Then the decision

is made if the person is right or wrong and it is

final.

The other option is to go straight to the City

Council and do a trial and both sides tell their

testimony. Attorney Peterson said most use this

option – going to City Council because it is more

costly to have an attorney do. Most of these

cases don’t go to hearing and are resolved in a

settlement conference before hand and the cost is

pretty small (take about half of an hour). The

contested cases take up to a day and it would

cost about $200.00 to $1000.00. The other option

going before the City Council usually take

a couple of hours at the most to do.

Rainville asked are the costs included under the

abatement costs? Attorney Peterson said it would

be a filing fee and the cost has not yet been

determined.

Scheffler thought the 3rd party would be good and

that the City should put something in to cover

this cost.

Attorney Peterson said it is the City Council’s

discretion and can do both ways, depending on the

kind of hearing that you expect. The Council

could contract with a third party in one case and

do it as a City Council in the other.

City of Nowthen

Planning & Zoning Mtg January 27, 2009 Page 7

Attorney Peterson says he wants to amend the

language to say that the City Council may act as

Hearing Examiner or at their discretion contract

a 3rd party. Scheffler asked if the person can

request the 3rd party then? Attorney Peterson

said if the Council okays, then it is okay to do.

The cost could be paid by a filing fee that is

paid rather they win or lose. If the city finds

that the person was not in violation, however,

then the City would have to pay.

Ulwelling said he felt the City should pay if

proven wrong and Pilon added that the Nuisance

Ordinance should be read properly.

Pilon commented under SECTION 11 there were two