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HomeMy WebLinkAboutOctober 10, 1989 o o 0, CA.:.: CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING MINUTES OCTOBER 10, 1989 The regularly scheduled meeting of the Andover Planning and Zoning Commission was called to order by Chairman Rebecca Pease at 7:30 P.M. on Tuesday, October 10, 1989 at the Andover City Hall Offices, 1685 Crosstown Blvd., Andover, MN. Commissioners Present: Chairman Pease, Bev Jovanovich, Ron Ferris, Don Spotts, Gretchen Sabel, Wayne Vistad, Randal Peek Others Present: Jay Blake, d'Arcy Bosell Approval of Minutes The Planning Commission was requested to review minutes of the 9/26/89 Planning and zoning commission meeting. Bosell noted that page five, paragraph two contains a typographical error where Section 4.30 was listed as Section 4.03. Commissioner Spotts made a motion to approve minutes, second to motion made by Commissioner Sabel. MOTION passed. Chairman Pease introduced Mr. Randal Peek as a new member of the Andover Planning and zoning Commission. o Shannon Roeger, Special Use Permit Mr. Blake outlined background of request as described in 10/10/89 Request for Planning Commission Action memo. The cities of Bloomington, Stillwater and Burnsville were contacted by Mr. Blake in regard to shelters operating in their communities. All three communities require special use permits for this type operation. Mr. Blake visited The Harbor Shelter in stillwater. He described the location as a medium density area. The building is a former apartment building five blocks from downtown Stillwater. Commissioner Ferris visited a Rule 8 facility that has since 2/88. Facility formerly was known as Lifecrest. of 22 residents. Residents are males and females ages truancy, physical and/or sexual abuse. operated in Burnsville This shelter has a capacity 12 - 17 with a history of Shelter is run for profit. , The City of Burnsville has no recorded complaints against this averages ten calls to police per month. Mr. Ferris observed a supervision at shelter. Bed checks are made every 15 minutes. required to hold a degree in area related to work at shelter. shelter. Shelter high level of Staff members are f'. U Shelter is located in residential area of l~ acre lots. Shelter is set back cont I d. . . planning and Zoning C~)'ssion October 10, 1989 Meeti\.", Minutes Page Two o o 1,000 feet from road and abuts park. Shelter is not visable from meighboring homes. Shelter is serviced by county social workers. School district provides on site teacher. Commissioner Spotts reported on. information received from Virginia Jackson, DHS. Ms. Jackson states the recommended number of residents in a Rule 8 shelter is ten although requirements are based on the physical limitations of property. Property must meet building codes. There should be living and recreation space of 35 square feet floor space per child, not including bathrooms, laundry room, halls, nedrooms, kitchen and furnace room. Dining room should be large enough to comfortably accomodate all residents, group home parents and guests. Room shall be cheerful, well ventilated and easily accessible to kitchen. Every sleeping room for the accomodation of one child shall include 80 square feet of floor space. Every sleeping room for the accomodation of more than one child shall contain 60 square feet of floor space per child. Each child shall have an individual bed and individual beds shall be at least three feet apart. No sleeping room shall accomodate more than four children. There must be one toilet for every five children and tub or shower for every five children. Group home parents shall have separate sleeping quarters but be near enough to provide proper supervision. Mr. Ferris questioned how strictly state regulations are enforced based on his observation of Burnsville Shelter. Ferris stated any motion to approve permit would be contingent on Shelter obtaining necessary state permits. o Ferris asked what procedure (in regard to existing ordinance) should have been followed when home went from four to ten residents. Blake explained that city ordinance allows a group of not more than five unrelated individuals to reside in a residential home. When more than five unrelated individuals live in a single family home a special use permit is required by the City of Andover. Ms. Bosell reported that in 1986 an inquiry was received by city from Shannon Roeger to conduct a Rule 5 Shelter. In 10/87 Anoka County inquired if Andover allowed a single family residential home to operate a Rule 5 Shelter. It was the response of the building inspector and City Clerk that shelter did not require a conditional use permit but was required to meet building code. Ms. Bosell stated applicant has been in contact with city and attempted to comply with city ordinance. Commissioner Vistad noted tllis operation seems to be a fairly high intense commercial enterprise in a residential neighborhood. Commissioner Ferris asked if Rule 8 has been amended since 1986. Bosell replied the Rule is basically intact as it relates to this issue. Applicants were present with their attorney, Mary Morin, to discuss permit with commission. cont 'd... () o o o Planning and Zoning c~ssion october 10, 1989 Meeting Minutes Page Three o Ms. Morin stated MN Statute 245A.ll Subdivision 2 states a city cannot require Special Use Permit for six or fewer residents of a foster home. Also, MN Statute 245A.04 says DHS is required to give notice to city if Special Use Permit is to be required. Bosell stated City of Andover received notice 1/30/89 by DHS in regard to Roeger request. City responded to DHS that according to local ordinance a Special Use Permit would be required. Ms. Morin stated that MN Statute 462.357 Subdivision 7 & 8, and MN Statute 245A.ll Subdivisions 1, 2 & 3 are applicable to issue before commission. Mr. Vistad was unable to make a report on effect of shelter on neighboring property values as no area shelters operate in a similar residential area. Commissioner Spotts asked if a group parent would be in home 24 hours a day. Roeger stated a staff member would always be on premises. spotts asked what would be the highest number of residents. Roeger replied ten boys would be the maximum. Spotts asked what has been the average length of stay. Fitzpatrick replied the average stay is less than 30 days. sabel asked if staff or group parent would be actually residing in home. It was determined that staff would always be present, but that no staff member/group parent would be living in home. vistad stated county officials relayed that home can exclude sex offenders but according to application this is not the intent of proposed shelter. Further, Mr. Vistad feels that since very few metro area homes take in sex offenders, Andover shelter would become high area for sex offenders. Roeger replied that the county governs number of sex offenders in home and that offender must be evaluated and thought to not be a threat to community. Commissioner Sabel noted that #7 under Client Admission Criteria of Round Lake Shelter Mission Statement states client shall have no known history of sex offenses. Roeger replied that admission criteria submitted is two years old and has since been changed. Ms. Morin cited two similar cases recently taken into court: Northwest Residents Inc. Vs. City of Brooklyn Center (352 Northwestern Reporter, 2nd Series, Page 764) and Horbal Vs. City of Ham Lake (393 Northwestern Reporter, 2nd Series, Page 5) cont'd... o o o Planning and Zoning c~ssion October 10, 1989 Meeting Minutes Page Four o commissioner Ferris stated he remains highly concerned because of previous public input including complaints of neighbor children being harassed, lack of supervision in home, syringes found on lawy, incidents involving snowballs thrown at cars traveling on Round Lake Blvd. Chairman Pease reopened the Public Hearing. Wayne Ness, 14268 NW Round Lake Blvd., reiterated his comments of previous Public Hearing as contained in Planning and Zoning Commission Meeting Minutes of 9/12/89. Mr. Ness stated an entire summer passed where his children would not play outdoors due to harassment from boys in foster home. His problems with foster home have diminished since he erected a fence between properties. Recent problems include a boy from foster home hiding in ?tr. Ness' yard this summer. Mr. Ness has not observed adult supervision on premises. Mrs. Ness stated she is fearful of boys from foster home. Because a fence has been erected and she can no longer observe foster home does not mean activities have changed at home. Commissioner Spotts asked (in reference to restrictions proposed by city staff) if zoning violations have occured at foster home. Blake replied zoning violations have not been reported; restrictions proposed to ensure compliance with Zoning Ordinance. Mr. Spotts asked Roeger if she had any concerns regarding proposed restrictions. Ms. Morin asked that Restriction B omit county license requirement. Bosell asked Roeger to provide letter from county acknowledging that county licensing not required. Ms. Morin noted that Restriction E is unduly restrictive. Commissioner Vistad wants review by City Attorney. He feels home is not being asked to comply with Home Occupation rules although in case of cars on drive the impact to neighbors is the same. Commission agreed to strike Restriction E from proposed restrictions. Ms. Morin questioned Restriction G. Mr. Blake explained that pine trees would provide a year round screen. Fencing area would be another option. Commissioner Peek asked if Special Use Permit is transferable. Bosell stated the Special Use Permit is to. the property. Bosell recommended Restriction H be deleted because there are no violations on record and seven days is more restrictive than current ordinance. Commissioner Sabel wants a copy of current admission requirements and policies. Sabel suggests Restriction F not be striken but instead be amended to require adequate turn around space. Sabel stressed that steps must be taken to foster better communication with neighbors. Spotts made a motion to close the Public Hearing. Second to motion was made by Ferris. All commissioners agreed to motion; Public Hearing closed. cont'd... C) /'''' U .::.) Planning and Zoning CS:-)ssion October 10, 1989 Meeting Minutes Page Five o commissioner Jovanovich asked why so many counties are included in home. Roeger replied that state licensing opens home to all counties in state. Commissioner Vistad wants opinion from City Attorney as to whether city can restrict home from serving residents with sex offenses. Ferris asked that City Attorney also verify that a group home is technically a rest home and not a home occupation, as defined in CityOrdinance. Applicants agreed to submit updated version of "Purpose of Emergency Shelters." MOTION made by Ron Ferris to table discussion on Reoger Special Use Permit Application to 10/24/89 pending City Attorney opinion on: 1) restrictions as to potential omission of sex offenders within group home 2) agreement that this concurs with rest home under existing Ordinance 3) is not found to be a home occupation 4) receipt of updated "Purpose of Emergency Shelters" All information is to be available to commission by 10/24/89. Second to motion by Wayne Vistad. Commissioners polled, all favor motion; discussion tabled to 10/24/89 Planning and zoning Commission meeting. Commissioner Vistad left meeting at conclusion of Roeger Special Use Permit discussion. Home and Business Alarm System Ordinance Brad Campbell was present to address issues regarding Police Department response to home and/or business alarm systems. Out of the last 307 alarm calls only three were actually burglaries and in only one case was the burglar apprehended. Homeowner or alarm company cancelled 41 of the 307 calls. Campbell was asked his opinion on city adopting an alarm system ordinance. Campbell replied he can neither recommend nor disuade such an ordinance. commissioner Ferris asked if deputy response time is affected when call is for address that frequently has false alarms. Campbell answered response time should not be affected. There is a danger of responding officer and/or neighbors to become complacent when false alarms routinely occur at an address. Campbell believes the of systems installed. should city decide to increase in false alarms is due to the increase in number His office will assist City of Andover by offering suggestions, create ordinance. Ferris asked what expense is involved in responding to a false alarm. Campbell stated time involved (15 minutes each for two officers), use of squad, gas, etc. would be factors in determining cost. A rough estimate might be $25.00 per call to false alarm. He added that community is also losing patrol time when officers respond to false alarms. cont 'd... 8 o L rJ Planning and Zoning C~)SSiOn October 10, 1989 Meeti'._ Minutes Page six o Ferris noted that E, Page 2 of proposed alarm system ordinance may become very involved and time consuming. He questioned if additional staff would be necessary to monitor record keeping/paperwork. Bosell believes enforcement of ordinance would fall under Planning and zoning Department. If ordinance proves to generate revenue perhaps additional staff could be hired. It was reconunended that # be rewritten to state "Upon receipt of a second false alarm report at an address, the Clerk shall notify the alarm user by certified mail that an alarm user's surcharge fee shall be paid after the third and subsequent false alarm within any calendar year...." It was determined that a notice will be sent for each alarm response, but a charge would be initiated only once in a two week period. This will allow owner to find and correct problem with alarm system. A suggested schedule for surcharge fee follows: 1st "false alarm" 2nd " 3,4,5 6,7,8 9,10,11 12 or more No charge Certified letter $ 30.00 fee 60.00 fee 90.00 fee 120.00 maximum City is to include two week grace period after installation of alarm system before ordinance surcharge fee applicable. Blake will amend proposed ordinance as discussed and ask Campbell to review. Further discussion of Home and Business Alarm System Ordinance will be carried over to November 14 meeting of the Planning and Zoning Conunission. Ordinance 8 and 23 A draft of revised Ordinance 8 and 23 was presented to Planning and Zoning Conunission. A public hearing will be held 11/28/89. It is expected there will be a large turn out at hearing. the meaning of "occupied" as it relates to Also, Bosell will have available at 11/28/89 equines (donkeys, burrows, mules, etc.) Bosell was asked to investigate Section IV Shelter Requirements. meeting a list of definations for Ordinance 8 Amendment, Conunercial Vehicles Questions remain concerning amending ordinance to allow larger trucks parked in Andover. It was decided to draft ordinance and vote upon amended ordinance when it is presented to Planning and Zoning Conunission Gretchen Sabel made a MOTION to adjourn meeting. Second to motion by Don Spotts. All conunissioners agreed to motion; meeting adjourned at 12:00. Respectfully submitted, Theresa Hogan