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HomeMy WebLinkAboutCity Council Packet_4-11-18CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA April 11, 2018 at 7:00 P.M. A. CALL TO ORDER: B. ROLL CALL: LINDSTROM ___ LEEHY____ BROWN THUNDER ___ MIAZGA ___ GUSTAFSON___ STAFF PRESENT: THONGVANH____ C. PRESENTATIONS: D. APPROVAL OF MINUTES: 1. March 28, 2018 City Council Meeting Minutes (To be distributed at meeting) E. PUBLIC HEARINGS: 1. Administrative Citations 2. Right-of-Way Ordinance –Small Wireless Facilities F. CONSENT AGENDA: 1. General Disbursements through: 4/05/18 $85,264.23 Payroll through: 3/31/18 $19,390.61 2. Ramsey County Emergency and Homeland Security 2018 Grant Project Request for Investment Application 3. Project ChildSafe - Gun Locks G: POLICY ITEMS: 1. 1454 Roselawn Ave Variance Application 2. 1354 California Ave Court Order Resolution 3. East Metro Public Safety Training Facility Use Agreement 4. Resolution Supporting Local Decision-Making Authority H. INFORMATION/ANNOUNCEMENTS I. COMMUNITY FORUM: J. ADJOURNMENT: BLANK PAGE  REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Ramsey County Sheriff’s Office - Administrative Citations Description Before 2009, both the Office of the State Auditor and the Minnesota Attorney General’s Office had taken the position the local governments did not have the authority to issue fines for traffic offenses. In 2009, the Legislature clarified and enacted MN Statutes, section 166.999. This Statute provides authority for local governments to implement an administrative citation program. The City must pass a resolution that: · Authorize police use of administrative traffic citations for $60 per violation. · Obligates the city to provide a neutral third party to hear and rule on challenges. · Bars peace officers from issuing administrative traffic citations in violation of this law. Issuing Citations Peace Officers may issue an administrative traffic citation to a vehicle operator who: · Violates speed limits by less than 10 miles per hour. · Fails to obey a stop line. · Operates a vehicle with a cracked windshield or other specific equipment violation. · Note: However, cities are not required to issue administrative citations under the law. The process is entirely optional. Cities that believe that administrative citations make sense for them may adopt a resolution to issue such citations. In addition, where administrative citations have been adopted, the city cannot require, by ordinance or otherwise, that peace officers issue administrative citations. Under the law, peace officers always have the discretion to issue an administrative citation, give a warning, or issue a state criminal ticket. Due to state and federal law, people who have a commercial driver’s license or who are driving a commercial vehicle at the time of the citation may not be issued an administrative citation. Meeting Date April 11, 2018 Agenda Item Public Hearing E1 Attachment LMC Toolkit and State of Position Submitted By Sack Thongvanh, City Administrator 1 of 85 Allocation of Fines Again, the law requires that a city impose a fine of $60 per citation. When a city peace officer issues the administrative citation, the fine must be shared with the state in the following manner: · Two-thirds of the fine ($40) remains with the city that issued the administrative citation. · One-third of the fine ($20) must be paid to the state commissioner of Finance for deposit into the state’s general fund. · One-half of the city’s share of the fine ($20) must be used for law enforcement purposes. The law specifically requires that the funds “be used to supplement but not supplant any existing law enforcement funding.” If a citation recipient does not pay the fine, the city may choose to dismiss the administrative citation and issue a state criminal traffic citation instead. In the alternative, the city may use traditional debt collection methods. There is, however, no authority in the law for cities to specially assess the fine against real property for payment as taxes. Cities must track both the number of citations issued and separately account for any fine revenues in all city financial reports, summaries, and audits. Non- Traffic Offenses The law does not preclude the use of administrative citations for non-traffic offenses. Cities may still issue administrative citations pursuant to local ordinance for non-traffic matters such as liquor licensing ordinance violations, nuisance and animal ordinance violations, etc. However, the law specifically lists out the traffic offenses under Minn. Stat., ch. 169 for which an administrative citation maybe issued as discussed above, and specifically prohibits the issuance of administrative citations for other violations of Minn. Stat., ch. 169. Budget Impact N/A Attachment(s) · Ordinance 18-02 Amending CH30 – Administrative Citations · Resolution 18-11 Authorizing the Use of Administrative Citations Action(s) Requested Staff recommends attached ordinance and resolution. 2 of 85 BLANK PAGE  3 of 85 1 196757v1 ORDINANCE NO. 18-02 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE CONCERNING ADMINISTRATIVE CITATIONS THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS: SECTION 1. Chapter 30 of the Falcon Heights City Code is amended by adding Article III to provide: Article III. Administrative Citations. 30-44. Purpose. Falcon Heights authorized by resolution the use of administrative citations for specific traffic offenses, as permitted by the Legislature in Minn. Stat. § 169.999. The City is required by that statute to establish and maintain procedures through which motorists receiving administrative citations may obtain an independent hearing or judicial review of a citation. The City Council finds that establishing a voluntary administrative citation procedure ensures the availability of an independent hearing and retains full opportunity to obtain judicial review of a citation. 30-45. Definitions. As used in this Section, the following terms shall have the respective meanings ascribed to them: (A) Citation. An administrative citation issued to a motorist for a Designated Traffic Offense occurring within the City. (B) Designated Traffic Offense. Those traffic offenses eligible for administrative citation as designated by Minn. Stat. § 169.999, subd.1(b)(1), (2) and (3), as it may be amended from time to time. (C) Issuing Officer. The licensed peace officer employed by or under contract with the City who issues any particular administrative citation. (D) Flyer. A document which informs a person receiving an administrative citation of: (1) The recipient's right to challenge the citation or opt for a standard criminal citation; (2) The City's process for handling challenges to administrative traffic citations; (3) The process for paying a traffic citation; and (4) The effect of an administrative traffic citation on a recipient's driving record. 4 of 85 2 196757v1 (E) Recipient The person who receives an administrative citation under this chapter. (F) Manager. The Falcon Heights City Manager or Manager’s designee. 30-46. Authorization. Licensed peace officers employed or under contract with the City may issue administrative citations for Designated Traffic Offenses occurring within the City. The fine for committing a Designated Traffic Offense shall be the amount stated in Minn. Stat. § 169.999, subd. 5, as it may be amended from time to time. (A) Form of Citation. An issuing officer must use the uniform administrative traffic citation form approved by the Commissioner of Public Safety. The officer shall also serve upon the recipient the current version of the City's response form. The response form shall reference the response options stated at Section 904.030 (C); and shall provide directions for returning the response form. (B) Delivery to City. The issuing officer shall deliver a copy of the administrative traffic citation to the City Manager within a reasonable time of the date of issuance. (C) Response to Citation. A recipient shall respond to the citation within fourteen (14) days of receipt. The recipient may: (1) Admit the violation stated in the citation and agree to pay the fine; (2) Deny the violation stated in the citation and request a hearing; or (3) Request that the administrative citation be converted to a standard traffic citation and filed for processing by the Violations Bureau of the Ramsey County District Court. (D) Standard Citation Issued If No Response. If the City Manager receives no written response to a citation within the 14-day response period, the City Manager shall request that the peace officer who issued the citation convert the allegations into a standard traffic citation, file that regular citation at the District Court and mail a copy to the recipient. 30-47. Hearing Officers. The City shall maintain a list of hearing officers available to conduct hearings on the merits of an administrative citation, if requested by a recipient. Hearing officers shall have executed a contract to provide hearing officer services with the Ramsey County Sheriff’s Department. The hearing officer shall have executed a contract to provide hearing officer services with the Ramsey County Sheriff’s Department or with one of the cities that receive law enforcement services from the Ramsey County Sheriff’s Department. (A) Request For Hearing. If the recipient responds by requesting a hearing, the City Manager shall assign the case to a hearing officer on the list. The Manager shall notify the hearing officer, the recipient and the issuing officer of the assignment in writing. The hearing 5 of 85 3 196757v1 officer shall schedule a hearing within a reasonable date of receiving the notice. Any delays in holding the hearing shall be reported to the City Manager by the hearing officer. (B) Citation Materials. At assignment, the City Manager shall transmit a copy of the citation to the hearing officer. Within five (5) days of assignment, the issuing officer or the officer's department shall transmit copies of all materials relating to the citation to the hearing officer, including but not limited to additional written reports; certificates of calibration, logs, and other documentation required to support the evidentiary use of speed detection equipment under Minn. Stat. §169.14; relevant certificates of training for the citing officer; and any pictures showing the alleged offense. The hearing officer shall transmit a copy of any materials received to the recipient at the earliest opportunity but at least three (3) days in advance of the hearing. (C) Hearing. At the hearing, the hearing officer shall receive the testimony of any witnesses, witness statements, and comments presented by the person cited. The hearing officer will consider these items alongside the materials submitted by the issuing officer, and may weigh the evidence and make credibility determinations to the best of the hearing officer's ability. The hearing officer is not required to apply the rules of evidence in making determinations about the evidence presented. The issuing officer is not required to attend the hearing. (D) Decision, Findings. After considering all of the evidence submitted, the hearing officer shall determine, by a preponderance of the evidence, whether the person cited did or did not violate the statute or statutes identified in the citation. The hearing officer shall make written findings supporting the determination and transmit them to the cited person and the City Manager within five (5) days of closing the hearing. (E) Payment Following Finding Of Violation. If the hearing officer finds a violation, the fine for the Designated Traffic Offense is due within thirty (30) days of the date the findings are sent to the recipient. The hearing officer may not alter or reduce the fine for any offense or combine multiple offenses into a single fine. Payment of fines due shall be made to the City Manager. (F) Standard Citation Issued If No Payment. If payment is not made within thirty (30) days, the Manager shall request that the issuing officer or the officer's department issue a standard traffic citation for the offenses in the administrative citation, mail a copy of the citation to the individual and file the citation, along with the hearing officer's written findings, with the Ramsey County District Court. 30-48. Designated Administrative Traffic Citation Program Manager. Pursuant to Resolution No. 18-11, the City Council has designated the Ramsey County Sheriff’s Department and its licensed peace officers to administer the City’s administrative traffic citation program and to perform the duties of the City and the City Manager as specified therein. 30-49. Severability. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not 6 of 85 4 196757v1 affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. SECTION 2. This ordinance shall be effective upon its passage and summary published in the official newspaper. ADOPTED this 11th day of April 2018 by the City Council of Falcon Heights, Minnesota. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor LINDSTROM ___ In Favor Attested by: ________________________ GUSTAFSON Sack Thongvanh BROWN THUNDER ___ Against City Administrator MELANIE LEEHY MARK MIAZGA 7 of 85 BLANK PAGE  8 of 85 1 196760v1 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA RESOLUTION NO. 18-11 A RESOLUTION AUTHORIZING ADMINISTRATIVE CITATIONS FOR CERTAIN TRAFFIC OFFENSES PURSUANT TO MINN. STAT. §169.999 WHEREAS, the City is authorized to provide for the issuance of administrative citations for specific traffic offenses designated at Minn. Stat. §169.999, subd. 1(b)(1), (2) and (3) in the amount designated at Minn. Stat. §169.999, subd. 5, as it may be amended from time to time; and WHEREAS, the authority to issue administrative citations authorized by this resolution is reserved by law exclusively to licensed peace officers; and WHEREAS, the City peace officers may not issue administrative traffic citations in violation of Minn. Stat. §169.999; and WHEREAS, the City is required to notify a recipient of an administrative traffic citation of his or her right to contest the citation and to appoint a neutral third party to hear and rule on challenges to administrative traffic citations authorized by this resolution; and WHEREAS, Minn. Stat. §169.999 contains numerous requirements related to the issuance of administrative traffic citations, including but not limited to prescribing a uniform traffic citation form, use and sharing of fine revenues, and other administrative measures. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS, MINNESOTA: 1. The City hereby authorizes the issuance of administrative citations for traffic offenses designated at Minn. Stat. §169.999, subd. 1(b)(1), (2) and (3), as it may be amended from time to time. 2. The City hereby sets the fine for committing an administrative traffic violation designated by Minn. Stat. §169.999 and this resolution at the amount designed by Minn. Stat. §169.999, subd. 5, as it may be amended from time to time. 3. The City hereby directs that only licensed peace officers may issue administrative traffic citations authorized by this resolution. 4. The City hereby directs that no licensed peace officer may issue an administrative traffic citation in violation of Minn. Stat. §169.999. 9 of 85 2 196760v1 5. The City hereby directs that no administrative traffic citation authorized by this resolution may be issued to a holder of a commercial driver’s license or the driver of a commercial vehicle in which the administrative violation was committed. 6. The City hereby adopts the uniform administrative traffic citation form prescribed by the Commissioner of Public Safety. 7. The City designated its law enforcement agency, the Ramsey County Sheriff’s Department and its licensed peace officers (“RCS”), as the manager of the City’s administrative traffic citation program. Specifically, the RCS shall: A. Operate the City’s administrative traffic citation program in compliance with the provisions of Chapter 30 Article III of the, as amended from time to time. B. Issue administrative traffic citations on forms approved by the Commissioner of Public Safety. C. Provide recipients of an administrative traffic citation with a response form that includes the following information and other information as deemed appropriate by the RCS: (1) The recipient’s right to challenge the citation; (2) The process for handling challenges to administrative traffic citations; (3) The location, dates and times designated to hear administrative traffic citation challenges; (4) The process for paying an administrative traffic citation; (5) The effect of an administrative traffic citation on the recipient’s driving record; and (6) The time within which to submit a response to the RCS. D. Assign a neutral third party designated by the RCS to hear and rule on challenges to administrative traffic citations fines. E. Collect and administer the revenue and expenses of administrative traffic citations programs. F. Account for the portion of the administrative traffic citation fine revenue that must be applied to law enforcement expenditures. 10 of 85 3 196760v1 G. Provide the City with the administrative fine program information that needs to be included in the City’s financial reports, summaries and audits in keeping with common accounting practice and standards. 8. City staff is hereby directed to inform the Commissioner of Public Safety of the passage of this resolution. ADOPTED this 11th day of April 2018 by the City Council of Falcon Heights, Minnesota. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor LINDSTROM ___ In Favor Attested by: ________________________ GUSTAFSON Sack Thongvanh BROWN THUNDER ___ Against City Administrator MELANIE LEEHY MARK MIAZGA 11 of 85 BLANK PAGE  12 of 85 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item General Disbursements and Payroll Description General Disbursements through: 4/05/18 $85,264.23 Payroll through: 3/31/18 $19,390.61 Budget Impact The general disbursements and payroll are consistent with the budget. Attachment(s) · General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. Meeting Date April 11, 2018 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director 13 of 85 BLANK PAGE  14 of 85 15 of 85 16 of 85 17 of 85 18 of 85 19 of 85 20 of 85 21 of 85 22 of 85 23 of 85 BLANK PAGE  24 of 85 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Ramsey County Emergency Management and Homeland Security 2018 Grant Project Request for Investment Application Description Budget Impact There is no match required by the City. Attachment(s) · 2018 Grant Request for Investment Action(s) Requested Staff recommends submitting and grant application to the Ramsey County Emergency Management and Homeland Security Grant Project Request for Investment and authorize the City Administrator to execute all necessary documents. Meeting Date April 11, 2018 Agenda Item Consent F2 Attachment Grant Application Submitted By Sack Thongvanh, City Administrator 25 of 85 BLANK PAGE  26 of 85 27 of 85 BLANK PAGE  28 of 85 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Accept Cable-Style Gun Locking Device Description The City of Falcon Heights has participated in the past with providing the residents of Falcon Heights with gunlocks. As required, a law enforcement agency is required to make the request. Ramsey County Sheriff’s Office made the request on our behalf. Project ChildSafe continues to be funded by the firearms industry, as it has since its inception in 1999. Beginning in 2017, however, some progm operations were funded through a cooperative agreement between the U.S. Department of Justice/Bureau of Justice Assistance and NSSF. Budget Impact N/A Attachment(s) · Award Letter Action(s) Requested Staff recommends accepting 100 cable-style gun-locking devices as part of the Project ChildSafe. Meeting Date April 11, 2018 Agenda Item Consent F3 Attachment Award Letter Submitted By Sack Thongvanh, City Administrator 29 of 85 BLANK PAGE  30 of 85 31 of 85 BLANK PAGE  32 of 85 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item 1454 Roselawn Ave Variance Application Description Request for a variance from the City of Falcon Heights Zoning Code. Request to decrease front yard setback requirement to 20 feet for the demolition and reconstruction of an accessory, detached garage. 1454 Roselawn Avenue West, Falcon Heights, 55113, PIN 152923310046, is located on the northeast corner of the intersection of Roselawn Avenue and Pascal Street North. The legal description is Ex S 75 Ft The W 24 4/1o Ft Of Lot 2 And Ex S 75 Ft Lot 3; Blk 1 Lot 2 of Block 1 of the Barthel Villas Addition. The parcel is zoned R-1 Residential. The neighborhood predates most of the present City Code, and the existing primary and accessory structures, which has been in place since in one form or another since 1910, is considered a legally nonconforming use, “grandfathered” at the time the 1993 city code was adopted and later updated. The applicant wishes to demolish the existing garage and replace it on the same footprint as the current garage. The garage and principle structure is located 20 feet from the front yard setback; the required setback is 30 feet. Therefore, the applicant seeks a setback variance of 10 feet in order to build the ten foot addition. Notice of a public hearing on this matter was published in the Roseville Review on March 14, 2018. On March 14th, notice was mailed to the owners of all properties within 500 feet as required by statute. On March 27th, 2018, the Planning Commission convened a hearing on the issue. None spoke in opposition. The Planning Commission voted 4-0 to recommend approval of the application for a variance. In reference to Section 113-62 Variances, staff finds the following: Meeting Date April 11, 2018 Agenda Item Policy G1 Attachment Resolution & Supporting Documents Submitted By Paul Moretto, Community Development Coordinator 33 of 85 a. That the variance would be in harmony with the general purposes and intent of Chapter 113. Staff finds that the variance requested is in harmony with the purpose and intent of the zoning chapter as stated in Section 113-1. b. That the variance would be consistent with the comprehensive plan. Staff finds that the variance requested is consistent with the comprehensive plan and that it will not impair or diminish property values or improvements in the area. c. That there are practical difficulties in complying with this chapter. Staff finds that there are practical difficulties in complying with the letter of Section 113-174 R-1 Residential Districts. 1454 Roselawn is unique because the subdivision occurred after the construction of the home and the history of the subdivision and the age of the house provides for a unique circumstance. This house was built in 1910, whereas the Barthel Villa subdivision was established in the late 1940’s early 1950’s. The lot was divided in a way that was appropriate for the development pattern at that time. The current code was not in place at that time. The current code does not provide adequate flexibility for the type of development that is standard on other lots in the city. It would be difficult to address the rebuilding of the garage without violating the city code by placing the structure somewhere else on the property. The historical impervious service to the rear of the property, that has been stated to be extremely difficult to remove, would be difficult or impossible to build on. Additionally, if the garage were to be place legally setback from the required front yard it would cause the garage to then be placed in the required rear yard. This places the garage closer the rear neighbor and would create a conflict were none exists now. If the garage were to be placed on other parts of the property, it would create an increase in impervious surface as the driveway would need to be extended. This would create a new variance issue as the property would be over the impervious surface requirement. The replacement of the garage at the historical location is the best alternative to all other possible actions. d. That the granting of the variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. Staff finds that the variance will not impair an adequate supply of light and 34 of 85 air to adjacent properties, will have no effect on traffic on the public street and will not increase the danger of fire or endanger the public safety. e. That the requested variance is the minimum action required to eliminate the practical difficulties. Replacing the garage on the original footprint is the minimum action required to eliminate the practical difficulty. All other options would create another need for a variance. f. The provisions regarding earth-sheltered construction and temporary use stated in Section113-62(e)(6) do not apply to this variance. Budget Impact None Attachment(s) · Resolution R18-12 Approving the Application Granting a Variance at 1454 Roselawn Ave · Variance Application Action(s) Requested Staff recommends approval of attached resolution approving the variance application at 1454 Roselawn Ave 35 of 85 BLANK PAGE  36 of 85 37 of 85 BLANK PAGE  38 of 85 39 of 85 BLANK PAGE  40 of 85 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION April 11, 2018 No. 18-12 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION TO APPROVE THE APPLICATION GRANTING A VARIANCE AT 1454 ROSELAWN AVE WHEREAS, the owner of 1454 Roselawn Ave., Falcon Heights, MN 55113 Ex S 75 Ft The W 24 4/1o Ft Of Lot 2 And Ex S 75 Ft Lot 3; Blk 1 Lot 2 of Block 1 of the Barthel Villas Addition PIN 152923310046 applied for a variance from the City of Falcon Heights Zoning Code number 113-174 (e)(3) Front Yard Setback of 30 feet; and WHEREAS, the owner wishes to rebuild their detached garage on the same footprint and size as the existing garage; and WHEREAS, the existing garage is ten feet closer than is allowed in R-1 districts; and WHEREAS, the Planning Commission convened a hearing on the application for variance on March 27, 2018; and WHEREAS, the Planning Commission and City Staff made recommendation for APPROVAL of the application for a variance; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. Approve the application to GRANT A VARIANCE of ten feet to allow a detached structure to be located twenty feet from the property line. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor LINDSTROM ___ In Favor Attested by: ________________________ GUSTAFSON Sack Thongvanh BROWN THUNDER ___ Against City Administrator MELANIE LEEHY MARK MIAZGA 41 of 85 BLANK PAGE  42 of 85 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item 1354 California Ave Court Order Resolution Description Over the last three years, the property has received numbers of city code violates that include, but not limited to tall grass, noxious weeds, and snow removal. Attached to you are two letters from the City Building Official outlining building code violations and one letter from the City Fire Marshal outlining fire code violations. Budget Impact The budget impact will be dependent on the process used to abate the property. The City is allowed to assess the property for abatement and legal cost associated with abatement of the property. Attachment(s) · Resolution 18-13 Ordering Correction or Removal of Hazardous Conditions or Razing or Removal of Buildings · Building Official Letters · Fire Marshal Letter · Final Abatement Notice Letter from the City Administrator Action(s) Requested Staff approval of attached resolution and authorize the City’s legal counsel, Campbell Knutson, PA to draft and serve an order to correct or remove the hazardous conditions present in and around Subject Building. Council also authorize the City Administrator to execute all necessary documents. Meeting Date April 11, 2018 Agenda Item Policy G2 Attachment Resolution & Supporting Documents Submitted By Sack Thongvanh, City Administrator 43 of 85 BLANK PAGE  44 of 85 192616v1 FALCON HEIGHTS CITY COUNCIL FALCON HEIGHTS, MINNESOTA A general meeting of the City Council of the City of Falcon Heights, Minnesota was called to order by Mayor Peter Lindstrom at 7:00p.m. in the Council Chambers of City Hall, Falcon Heights, Minnesota, on April 11, 2018. The following Council Members were present: A motion to adopt the following resolution was made by Council Member ________________________. FALCON HEIGHTS CITY COUNCIL RESOLUTION NO. 2018-13 RESOLUTION ORDERING CORRECTION OR REMOVAL OF HAZARDOUS CONDITIONS OR RAZING OR REMOVAL OF BUILDINGS WHEREAS, the City of Falcon Heights has attempted without success to have the owner of certain property at 1354 California Avenue, Falcon Heights, Minnesota, in the County of Ramsey (“Subject Property”), remedy the hazardous condition of the Subject Property and residential home thereon (“Subject Building”). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. The City has fully considered all evidence relating to the hazardous condition of the Subject Property and Subject Building. 2. After fully considering all of the evidence pertaining to the hazardous condition of the Subject Property and Subject Building, the City finds: a. The Subject Building is in severe disrepair. The building is currently unoccupied and has been for a significant period of time. The front stairs are crumbling due to water intrusion. The side stairs are deteriorating and the wood is rotting away. Water has penetrated the inside of some walls of the building. Mice and rats have infested the building. Boxes of debris are stacked over five feet high around the furnace and water heater. The overall amount of clutter and debris on all levels of the house places excessive weight on the supporting structural frame. 45 of 85 192616v1 b. There is a detached garage on the Subject Property, which is also dilapidated, deteriorating, and structurally unstable. The garage foundation is cracked and separating at the door location. The brick / masonry wall on the south side of the garage is falling apart, leaning outward at the top of the wall, and is not plumb. The north wall of the garage has openings where brick support has fallen out. The masonry grout is shrinking away from the block, leaving space for water intrusion. The roof of the garage is sagging in the middle of the roof span. Many of the asphalt shingles on the roof of the garage are missing or damaged. c. The City Fire Marshall has noted approximately 15 fire code violations, including: · unsafe conditions · obstructions of corridors · exits and aisles with large accumulations of combustible materials preventing egress from the building in some areas · doors not readily able to open due to accumulation of materials · building unoccupied and not safeguarded or maintained · storage is not neat and orderly · stacks of materials throughout the interior of the home are unstable · materials are stacked to the ceiling without adequate ceiling clearance · combustible materials are located in exits, enclosures, and stairways · combustible materials are stored in boiler, mechanical, and electrical rooms · fire alarm and detection systems inoperable, not present, or inaccessible for testing due to accumulation of materials · appliances and fixtures appear to be inoperable · electrical panel is inaccessible · large amounts of rat / mouse droppings present hazard to health and safety · accumulation of materials presents both a fire hazard and egress hazard d. As of the date of this Resolution, the hazardous conditions of the Subject Property and Subject Building have not been remedied. e. Because of the inadequate maintenance, dilapidation, physical damage, abandonment, and unsanitary condition, the Subject Property and Subject Building constitute a fire hazard and a hazard to public safety and are therefore a Hazardous Property and Hazardous Building within the meaning of Minn. Stat. § 463.15, subd. 3. 46 of 85 192616v1 3. The City hereby directs its legal counsel, Campbell Knutson, P.A., to draft and serve an order to correct or remove the hazardous conditions present in and around Subject Building, to raze or remove the attached garage, and to take all other steps available to prevent the property and building from posing a continuing hazard to the public, including, but not limited to, initiation of a hazardous building action under Minnesota Statutes § 463.15 et seq. Adopted by the City Council on the11th day of April 2018. ________________________________ Mayor Peter Lindstrom Attest: _________________________________ Sack Thongvanh, City Administrator/City Clerk The following Council Members voted in favor: The following Council Members voted against or abstained: Whereupon the motion was duly passed and executed. 47 of 85 BLANK PAGE  48 of 85 49 of 85 50 of 85 51 of 85 52 of 85 53 of 85 54 of 85 55 of 85 BLANK PAGE  56 of 85 57 of 85 BLANK PAGE  58 of 85 59 of 85 60 of 85 61 of 85 BLANK PAGE  62 of 85 63 of 85 64 of 85 65 of 85 66 of 85 67 of 85 68 of 85 69 of 85 BLANK PAGE  70 of 85 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item East Metro Public Safety Training Facility Use Agreement Description The Falcon Heights Fire Department once a year is required to have ALL members participate in Live Fire Training per the National Fire Protection Agency (NFPA). The FHFD has used the St. Paul Fire Training Center for the past 30 years; however, recently it was condemned for live fire due to deteriorating conditions. St. Paul has all of our info on hand for futures. The only other place to do live fire training is the East Metro Training Center in Maplewood. They require the FHFD and the City of Falcon Heights to send in “Proof of additional insurance.” This is a standard in the fire service. The NFPA has strict standards that the FHFD follows for live fire training. Budget Impact Attachment(s) · East Metro Public Safety Training Facility Use Agreement Action(s) Requested Staff recommends approval of the East Metro Public Safety Training Facility Use Agreement and authorize the City Administrator to execute all necessary documents. Meeting Date April 11, 2018 Agenda Item Policy G3 Attachment Agreement Submitted By Anton Fehrenbach, Assistant Fire Chief 71 of 85 BLANK PAGE  72 of 85 73 of 85 74 of 85 75 of 85 76 of 85 77 of 85 BLANK PAGE  78 of 85 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Approve a Resolution Supporting Local Decision-Making Authority Description The League of MN Cities have encouraged cities to pass a resolution supporting local decision-making. Nearly100 cities have passed a resolution in light of bills that continue to move through the legislative process this year that would pre-empt city authority. Community’s as small Vesta, MN (pop. 301) and community’s as large as Minneapolis, MN (pop. 419,952) has passed resolutions because they understand the importance of local control because the local unit of government is most equipment with the understanding of what is best for their communities. Proposed legislation in 2017 and 2018, for example, would have had the effect of: · Constraining local law enforcement authority. · Restricting a city’s ability to set local ordinances. · Allowing certain businesses unfettered access to public rights of way while eliminating a city’s ability to manage them. · Restricting a city’s ability to use allowed fee structures. · Reducing local government aid (LGA) based on factors with no relation to the statutory LGA formula. · Restricting a city’s ability to study a light rail transit project. Budget Impact Undetermined Attachment(s) · Resolution 18-14 Supporting Local Decision-Making Authority · LMC Fact Sheet · List of Cities Supporting Local Control Meeting Date April 11, 2018 Agenda Item Policy G4 Attachment Resolution Submitted By Sack Thongvanh, City Administrator 79 of 85 Action(s) Requested Staff recommends approve of attached resolution. 80 of 85 BLANK PAGE  81 of 85 wave of pre-emption legislation erodes local authority problem: Several bills introduced during the 2017 legislative session collectively serve to undermine Minnesota’s robust city-state partnership. This historic principle is based upon a shared vision and must allow communities and locally elected officials to tailor that vision to the unique needs of their citizens. Cities use a comprehensive, legal, and open process to develop ordinances. Through this process they often serve as laboratories for public policy. Obstructing this authority will impede innovation that has proven to result in statewide benefits. ©2018 League of Minnesota Cities. All Rights Reserved. for more information: Anne Finn Intergovernmental Relations Asst. Director Phone: (651) 281-1263 Email: afinn@lmc.org DID YOU KNOW? More than two dozen bills that restrict local decision-making—on issues ranging from prohibition of plastic bags to the authority to set a local minimum wage—were introduced in 2017 and could be acted upon in 2018. background: The League has historically supported the principle of local control, and opposed threats to local control at federal and state levels. League legislative policy SD 1 states that “City government most directly impacts the lives of people and therefore, local units of government must have sufficient authority and flexibility to meet the challenges of governing and providing citizens with local services.” A core value of the League is that locally elected decision-makers are in the best position to determine what health, safety and welfare regulations best serve their constituents. league of minnesota citiescity issue fact sheet 2018 league-supported solution: • Reject legislation that erodes the fundamental principle of local control in cities across Minnesota. • Continue to actively work together and communicate about our communities in a way that respects the authority each form of government is given by voters. Ann Lindstrom Intergovernmental Relations Representative Phone: (651) 281-1261 Email: alindstrom@lmc.org 82 of 85 Cities Supporting Local Control The following 104 cities have passed resolutions supporting local control in 2017 & 2018 (see page 2 for sample resolution) Alexandria Audubon Baudette Belle Plaine Bemidji Big Lake Blue Earth Bricelyn Buffalo Cambridge Carver Centerville Clarkfield Climax Coates Cold Spring Cottage Grove Crosslake Currie Dawson Dayton Deer River Delano Dilworth Duluth Eagan Eden Valley Edina Ely Eyota Fosston Franklin Granite Falls Grant Ham Lake Hastings Hawley Hewitt Hinckley Hopkins Hoyt Lakes Hutchinson Inver Grove Heights Isanti Jenkins Kasson Lake Bronson Lake City Lakefield Lindstrom Little Falls Lucan Mahnomen Maplewood Mazeppa Medford Melrose Mendota Heights Minneapolis Minnetonka Moorhead Mora Morris Mountain Iron North Branch North St. Paul Northfield Olivia Oronoco Ottertail Owatonna Paynesville Pequot Lakes Prior Lake Proctor Rice Lake Richfield Rochester Round Lake Royalton Sandstone Shoreview Silver Lake Springfield St. James St. Louis Park St. Paul Stewartville Sunfish Lake Taylors Falls Thief River Falls Vesta Wabasso Wadena Warren Warroad Watkins Waverly Wendell Whakon Wheaton White Bear Lake Wood Lake Worthington Updated: 4/4/18 Updated 4/4/18 83 of 85 BLANK PAGE  84 of 85 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION April 11, 2018 No. 18-14 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION SUPPORTING LOCAL DECISION-MAKING AUTHORITY WHEREAS, local elected decision-makers are in the best position to determine what health, safety and welfare regulations best serve their constituents; and WHEREAS, just like state legislative leaders, local elected officials are held accountable through Minnesota’s robust elections process; and WHEREAS, ordinances at the local level are enacted only after a comprehensive, legal and open process; and WHEREAS, local units of government are required to publish notices about meetings where policies will be discussed and decisions will be made; and WHEREAS, under the state’s Open Meeting Law, public policy discussions and decisions must occur in meetings that are accessible to members of the public; and WHEREAS, cities are often laboratories for determining public policy approaches to the challenges that face residents and businesses; and WHEREAS, preservation of local control in Minnesota has yielded statewide benefits such as the 2007 Freedom to Breathe Act, an amendment to the Minnesota Clean Indoor Air Act; and WHEREAS, more than two dozen bills that restrict local decision-making have been introduced in 2017 – 2018 biennium. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF Falcon Heights, Minnesota that this Council supports local decision-making authority and opposes legislation that removes the ability for local elected officials to respond to the needs of their businesses and constituents. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom Mayor LINDSTROM ____ In Favor Attested by: ________________________ GUSTAFSON Sack Thongvanh BROWN THUNDER ____ Against City Administrator MELANIE LEEHY MARK MIAZGA 85 of 85