HomeMy WebLinkAbout02/14/1990CITY OF APPLE VALLEY
URBAN AFFAIRS ADVISORY COMMITTEE MINUTES
FEBRUARY 14, 1990
1. CALL TO ORDER
The February 14, 1990 meeting of the City of Apple Valley Urban
Affairs Advisory Committee was called to order at 7:05 p.m. in the City of
Apple Valley City Council Chambers by Acting Chairman Jeffrey Weldon.
Members Present: Jeff Weldon, Pamela Sohlberg, Jeannine Churchill,
JoAnne Ellison, Sharon Schwartz, and
Councilmember Barbara Savanick.
Members Absent: Shirley Doering and John McKay.
Staff Present: Dennis Miranowski, Scott Hickok, Captain Bruce
Erickson, City Attorney Annette Margarit, and
Dennis Welsch.
Others Present: Mr. & Mrs. Dan McGinley and Tom Wigfield, City of
St. Louis Park Housing Inspector.
2. APPROVAL OF THE AGENDA
The agenda was approved as submitted.
3. APPROVAL OF THE MINUTES OF JANUARY 30, 1990
The minutes of the January 30, 1990 meeting were approved unanimously
with the following corrections:
Page 2, paragraph 4, second sentence should read "Sharon Schwartz
asked whether Mr. McGinley had reviewed the State Law regarding special
mirrors for backing on vehicles?"
Page 3, paragraph 2, first sentence should read "Pamela Sohlberg.
stated that she feels....." Same paragraph, end of second sentence should
read....."be formalized when a young girl committed suicide."
Page 3, "Member Schwartz asked for clarification regarding whether
the Committee actually adopted a motion which would request further study
of dead end streets by the Planning Commission." (Members of the
Committee could not recall adopting such a motion. However, Member
Schwartz was invited to enter such a motion into the meeting of February
14th.)
Page 4, Item J should read, "Some homes built in the early 1970's
have faulty, aluminum electrical wiring.
Urban Affairs Advisory Committee Minutes
February 14, 1990
Page 2
COMMERCIAL VEHICLES:
Operations in Residential Areas
Associate Planner Scott Hickok reviewed the efforts of the Staff to
identify actions that could be taken by the City regarding controlling of
commercial vehicles and their driving patterns. He noted that the Staff
was requested to review the operating procedures of such vehicles and
determine:
1. Whether they are safe.
2. Whether there should be amendments to the current
ordinance.
3. What State guidelines are available.
4. What is presently available in the City Codes to
prevent such backing of vehicles.
5. What surrounding communities are doing to resolve
the same issue.
Existino Regulations/Guidelines
Hickok described the regulations from the Department of
Transportation which follows the Minnesota Driving Guidelines of 1986. He
also noted that some backing regulations and the beeper systems are OSHA
guidelines, which is a Federal regulation. Hickok noted that local
ordinances can be adopted regarding refuse haulers. These ordinances
would, in effect, change the licensing procedure for refuse haulers. He
noted that the guidelines or ordinances from surrounding communities deal
primarily with the parking of vehicles on public and private property, but
not with the driving patterns.
Local Ordinance Revisions
Annette Margarit, City Attorney, discussed the legal aspects of
adopting a local ordinance prohibiting backing of all commercial vehicles.
She noted that such an ordinance would face strong opposition from State
regulations and on constitutional issues. Minnesota Statutes Chapter 169
does not prohibit backing up of commercial vehicles unless it is done in a
careless manner. Careless driving is subject to a misdemeanor. She noted
that driving patterns are so heavily regulated by the State, there is no
ability of the City to regulate the driver, but only the locations in
which vehicles are parked or maneuvered on private property.
Margarit stated that even if Apple Valley could regulate the driving
patterns or the equipment on vehicles, there may be a constitutional
problem.
1. It would be difficult to define what is a commercial
vehicle. In other words, are a garbage truck, a Domino's
Urban Affairs Advisory Committee Minutes
February 14, 1990
Page 3
Pizza truck, and a plumber's equipment truck considered
commercial vehicles and how would you regulate them
equally?
2. The City Attorney's opinion is that such regulation of
one type of vehicle would be arbitrary and subject to
appeal.
3. The courts would question whether the ability to back up
a vehicle is considered reasonable.
4. There may be an Interstate Commerce problem in that vehicles
delivering goods and services between States may be prohi-
bited to do so because they would be required to have special
equipment when in the State or City of Apple Valley.
In summary, Margarit stated that the most important problem is the
potential conflict with the State regulations, which the City cannot
supersede.
Captain Bruce Erickson described some of the driver patterns which
may be considered reckless. He stated that a vehicle can not back up a
long distance against the flow of traffic. This would be considered
reckless driving. In addition, a driver can not unsafely change the
course or pattern of his driving motion. This would be considered unsafe
and erratic in itself and may be considered reckless driving. He noted
that the Burden of Proof is difficult for a City police officer because he
must show that the action was immediately a dangerous act.
Member Weldon asked whether the City could enforce State driving
requirements. (Yes) He asked if the City could require two people in a
refuse vehicle for backing purposes. The Staff responded that this is
possible through the hauler's license agreement, but. it could increase the
cost of such garbage collection.
Member Schwartz asked if the City could regulate the backing of
vehicles onto private driveways. Annette Margarit responded that the
State Code deals. only with public right-of-way and that the City ordinance
could regulate delivery vehicles on private property.
Captain Erickson noted that there may be a conflict in regulating the
backing movements because of the concept of "implied permission." This
would allow a contracted hauler to collect the garbage, but then would not
allow the contract hauler to gain direct access to the garbage because of
the private property owner's prohibition of backing vehicles onto the
private driveway.
Member Weldon stated another solution may be simply to change refuse
contractors to allow for a more satisfactory service.
Urban Affairs Advisory Committee Minutes
February 14, 1999
Page 4
Scott Hickok stated that in 1991 the licensing agreements with
haulers can be modified to provide guidelines, which would allow for a
second person in the refuse vehicles who would provide hand signals while
vehicles are backing.
Mr. Dan McGinley, 12520 Dorchester Trail, asked Captain Erickson to
clarify reckless driving charges. McGinley also stated that the Lakeville
Sanitation refuse collectors had backed up into driveways near his
residence and backed across cul-de-sacs on Monday, February 12, 1990.
Captain Erickson explained that he had reviewed the backing movements of
the Lakeville Sanitation refuse vehicle and explained that there were many
ways of backing safely across a cul-de-sac. A consideration of the driver
is to determine which is the safest way, with the most visibility to enter
and leave a driveway situation. Erickson noted that to his knowledge, the
City Police. Department can not enforce OSHA guidelines, because these are
Federal regulations.
Mr. McGinley asked if the City should consider a regulation that
requires haulers not to back into private driveways unless given
permission by the homeowner.
Member Weldon stated that the City can make it a licensing
requirement to prohibit backing into driveways. He also noted that
customers can discontinue service from the haulers if they are dissatis-
f ied with that level of service.
Member Churchill asked if the City could also require the use of hand
carts which would eliminate the need for vehicles to back into driveways.
Member Schwartz asked why there would be a need to force haulers to use
hand carts. Other methods are satisfactory.
Mr. McGinley noted that he had spoken with a State Senator regarding
what State legislation would be available.
Member Schwartz asked if there was a general consensus among the
Urban Affairs Committee to continue this discussion at the next meeting.
The Committee agreed to this suggestion.
Housing Maintenance Does - Guest Speaker - Thomas Wigfield, City of
St. Louis Park
Scott Hickok introduced Thomas Wigfield, Administrator of the St.
Louis Park Housing Maintenance Code and Inspection System. Mr. Wigfield
noted that the housing inspection program in St. Louis Park began in 1973
and it is responsible for all one- and two-family homes that are sold or
are up for rental or re-rental. The program requires that an application
fee for a Certificate of Compliance is filed ($35.00) prior to the sale or
re-rental of a structure. The ordinance requires that repairs listed in
Urban Affairs Advisory Committee Minutes
February 14, 1990
Page 5
the inspection sheets be made prior to the official approval of the Certi-
ficate of Compliance. These repairs are to be made by the owner or the
landlord. Wigfield noted that this program is modeled after programs
adopted in Missouri and in New Mexico. In Minneapolis and St. Paul a
housing inspection program called "Truth in Housing" is utilized. In
these two cities, inspectors fill out a form regarding the defects in the
structure prior to the sale of a structure, but no repairs are required of
the homeowner or landlord. The only requirement is that the potential
purchaser be aware of the defects.
Wigfield noted that annually the City of St. Louis Park and its'
school district meet with the St. Louis Park area realtors and developers
to explain in part the City Housing Inspection Program and other issues
which relate to the selling of real estate in the community. This year's
meeting will be held February 22, 1990.
In answer to a question, Wigfield stated that the $35.00 fee charged
at the time of application for a Certificate of Compliance includes the
original inspection of the house and inspection after the improvements
have been completed.
He remarked that recently there have been a number of foreclosures
and estate sales within the community. In these cases where there is no
direct contact with the owner or where repairs are not affordable, the
City requires the buyer and the owner to sign a "Statement of Intent to
Comply" whereby. the buyer of the structure complies with the Housing
Maintenance Code by making necessary repairs after taking occupancy of the
house. In any rental structure landlords must utilize license contractors
to make all repairs. Only in residential structures where the owner is
also the occupant can the homeowner make such repairs without the use of a
license contractor.
Wigfield described a checklist of items reviewed during inspections.
(To be made available to Urban Affairs Committee)
The St. Louis Park Certificate of Compliance is good for one year.
After the one year, the Certificate of Compliance is considered null and
void. If a house is sold after one year, or if a rental unit is changed
to a new occupant after one year, it must be reinspected prior to
occupancy.
Wigfield explained that his housing inspection program includes only
single-family and duplex units regardless of rental or ownership, as well
as all townhouses and condominium units regardless of rental or ownership.
Large apartment structures are inspected by the Fire Department Inspection
Service in St. Louis Park. Wigfield also issues corrective orders for
property cleanup based upon the City of St. Louis Park's adoption of
Chapters 5 through 10 of the Uniform Building Code. Chapter 10, in
particular, deals with nuisances.
Urban Affairs Advisory Committee Minutes
February 14, 1990
Page 6
Member Schwartz asked Wigfield to explain the process of requiring
compliance by the owners or landlords. Wigfield stated that within 10 to
30 days owners or landlords must clean up the site unless there is a
safety problem wherein a 24 hour requirement is imposed. If compliance is
not made within the required period, the City resorts to fines or court
action. Member Schwartz asked when a house is being sold, how does the
City enforce the need for a Certificate of Compliance. Wigfield stated
that the agent or owner is responsible for applying for the Certificate of
Compliance and it is a misdemeanor if such. application is not completed.
Member Schwartz asked if there was a problem with enforcement of the
maintenance code in rental units when tenants move. Wigfield replied that
this a problem. However, the City of St. Louis Park is now considering
licensing requirements for all landlords of rental properties. There are
1,600 to 1,800 home St. Louis Park housing inspections done in any one
year and the entire housing and building inspection staff amounts to 14 to
16 different inspectors - not all of which work fulltime. The program is
time consuming and is a significant effort and supported by the local
elected officials.
Member Churchill asked what the cost per resident of the inspection
program. Wigfield did not have a direct answer to the question, but noted
that the original Certificate of Compliance fee was $10.00. It is
currently $35.00 and may rise in the near future to $50.00 per unit of
inspection. The real reward in this program is that there were very few
homes in St. Louis Park which stand vacant. Wigfield feels that the
inspection process and upgrade of the units helps retain the value of the
individual units and the community as a whole. He stated this should be
considered money saved indirectly. There are 16,000 total residential
units in St. Louis Park.
Member Schwartz asked for clarification regarding the inspection of
condominium buildings. Wigfield stated that the building inspectors issue
a Certificate of Occupancy after completion of the original construction.
After the building has been occupied, the housing maintenance program
regulates the upgrade or maintenance to the building. The housing
maintenance program deals with the Homeowner's Association to see that
corrections are made in the common areas. He noted that many times
litigation between the Homeowner's Association and the developer and
contractor is the only way to solve structural problems in a condominium
structure. Wigfield stated that St. Louis Park has a variety of housing
that began in the 1880's, but the majority of the housing was build
between 1940 and 1960 (30 to 50 years old). Most of the structures are
one and a half story structures with a bedroom and half bath on the second
floor, but most new units in today's market are condominiums and
townhouses. There are very few sites left for single-family housing
structures.
Wigfield described Chapters 5, 6, 7, 8, 9, and 10 of the Uniform
Building Code. He noted that Chapter 6 utilized to require demolition,
Urban Affairs Advisory Committee Minutes
February 14, 1990
Page 7
ventilation, and room size requirements, whereas Chapter 10 is utilized by
St. Louis Park to deal with sub-standard housing, dilapidation, nuisances,
vacant or open houses, and problems with vacant septic systems and wells.
Dennis Miranowski asked Mr. Wigfield to explain "built-in
deficiencies". Wigfield noted that a pre-existing structure, which does
not. conform to the current building code, can remain as is as long as
there is no health or safety hazard.
Members of the Committee asked Wigfield to comment on the regulation
of mobile homes. Wigfield stated there are no mobile homes within the
community..
Member Schwartz asked how "built-in deficiencies" would be utilized
to correct the aluminum wiring hazard. Wigfield stated that aluminum
wiring has a tendency to expand or contract at the receptacle causing
arching at the receptacle. In St. Louis Park, the Certificate of
Compliance would require that the residential unit be corrected by
utilizing a new receptacle.
Wigfield said that he currently does eight inspections per day of
which five to six are full one-hour inspections. A general discussion
ensued regarding the use of low income funds for elderly owner repairs or
the use of a "Statement of Intent to Comply" process by St. Louis Park
wherein the buyer of a home previously owned by an elderly person would be
required to make improvements after the house sale has been closed.
Wigfield described the grant and loan programs for low income families
that are used through another city office.
Wigfield also described the "garbage house" situation. He noted that
the major problem with such a program is the problem of admittance to the
structure by search warrant or by permission of the owner. He then calls
the County to assist in carrying for the occupants of the house and deals
directly with the property owner or the rental owner to clean up the
structure. If the structure has to be closed down, the County will assist
in moving the people to another housing location. If the structure has to
be condemned in order to clean up or simply to raise the structure, the
cost of such clean up or raising are assessed back to the property.
6. Discuss Maintenance Problems Sited on January 30, 1990 and Begin
Phase 1 of Our Problem Solving Process
Scott Hickok explained that there are currently 24 problem areas that
were brain stormed at the last meeting. He will be breaking these 24
problem areas into 5 problems areas at a time to be discussed during the
next 5 meetings.
Urban Affairs Advisory Committee Meeting
February 14, 1990
Page 8
7. OTHER BUSINESS
A. Jeannine Churchill noted that she will be out of town and not
available for the February 28th meeting.
B. Sharon Schwartz asked that the memo to the City Council regarding
the parking ordinance be reviewed by the Urban Affairs Committee prior to
submission to the Council. Scott Hickok assured the Committee that the
parking ordinance and the commentary on each of the items will be avail-
able for review by the Committee prior to submission to the City Council.
C. Member Schwartz stated she will save her motion regarding a
recommendation to the Planning Commission to consider better control of
dead end street and backing motions on cul-de-sacs until the next meeting.
D. MOTION: It was moved by Member Schwartz, seconded by Member
Ellison, to thank the staff for the valentine cookies. The motion carried
unanimously.
E. Resignation of Weldon - Member Weldon noted that he will be
resigning from the Urban Affairs Committee to accept a position with the
Gity of Apple Valley as the Assistant to the City Administrator. The
Urban Affairs Committee thanked Jeff for his participation and. leadership.
F. Clarification Regarding Apple Vallev Housing - Councilmember
Savanick asked for clarification regarding the housing age and energy
consumption of housing within the community. She noted that tax assessors
are establishing the value of the structures, but they ignore the age of
the structure. Sometimes the older homes are assessed for more value than
they can be sold. She asked the staff to determine how many units in the
City of Apple Valley are located on 1,100 square foot lots or less.
G. Member Weldon asked the staff to obtain copies of the mobile home
codes from Blaine and Coon Rapids so that they may be compared with the
City of Apple Valley codes. A discussion ensued regarding the number of
mobile home units located in the City of Apple Valley.
H. Dennis Welsch reported to the Committee that the City Council at
the February 8th meeting had provided direction to the Staff and Committee
regarding the energy conservation program. The Staff and Committee are to
participate in the State/Minnegasco Housing Energy Conservation Program
and the Urban Affairs Committee has been designated as the City's Energy
Conservation Committee.
ADJOURNMENT
The meeting adjourned at 8:47 p.m.
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