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HomeMy WebLinkAboutCity_Council_Packet_9-11-19CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA September 11, 2019 at 7:00 P.M. A.CALL TO ORDER: B. ROLL CALL: Vacant ___ LEEHY____ HARRIS____ MIAZGA ___ GUSTAFSON___ STAFF PRESENT: THONGVANH____ C.PRESENTATION 1.Saint Paul Area Chamber of Commerce - Shannon Watson ( Director of Public Affairs) CI.APPROVAL OF MINUTES: 1.August 7, 2019 City Council Workshop Meeting Minutes 2.August 28, 2019 City Council Meeting Minutes CII.PUBLIC HEARINGS: 1.Public Hearing to Consider Fire Inspections for High Density Residential and Businesses CIII.CONSENT AGENDA: 1.General Disbursements through: 9/05/19 $34,648.36 Payroll through: 8/31/19 $20,210.08 2.Approval of City License(s) 3.Promotion of Colin Callahan to Senior Pubic Works Worker 4.Appointment of Jeffrey Guertin to the Falcon Heights Volunteer Fire Department G: POLICY ITEMS: 1.Strategic Planning Proposal H.INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM:Please limit comments to 3 minutes per person. Items brought before the Council will be referred for consideration. Council may ask questions for clarification, but no council action or discussion will be held on these items. J.ADJOURNMENT: BLANK PAGE  CITY OF FALCON HEIGHTS City Council Workshop City Hall 2077 West Larpenteur Avenue AGENDA August 7, 2019 6:30 P.M. A.CALL TO ORDER: B. ROLL CALL: Vacant ___ LEEHY____ HARRIS ___ MIAZGA ___ GUSTAFSON___ STAFF PRESENT: THONGVANH____ LOR____ C.PRESENTATIONS: D. POLICY ITEMS: 1.Newsletter •City bi-annual newsletter and park guide need an upgrade. The current printing company is River Print Company. City Staff approached Regal Printing Company and compared the pricings. •Regal uses EDDM (Every Door Delivery Mail) route, and it is more cost- effective. This creates more outreach to the city. River Print only sends it to Falcon Heights residents and businesses and does not use EDDM. •City Administrator Thongvanh approved the changes. 2.Proposed 2020 Budget – General Fund •City Administrator Thongvanh reviewed the funding requests, modifications, and changes. •Mayor Gustafson advised Inclusion Efforts to stay at $30,000 and create a new website for communication efforts. •$10,000 for continued Strategic Planning for the year 2020. •$2,500 for Energy Audit Incentives: create a stipend to have Xcel visit homes and discuss with homeowners how to decrease energy use. •The intent is to keep the levy below the previous two years. E.INFORMATION/ANNOUNCEMENTS •Administration updates by City Administrator Thongvanh F.ADJOURNMENT: 1 of 60 BLANK PAGE  2 of 60 CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA August 28, 2019 at 7:00 P.M. A.CALL TO ORDER: B. ROLL CALL: Vacant ___ LEEHY__X__ HARRIS_X___ MIAZGA _X__ GUSTAFSON_X__ STAFF PRESENT: THONGVANH_X___ C.PRESENTATION D.APPROVAL OF MINUTES: 1.August 14, 2019 City Council Meeting Minutes •Sent two grammatical errors to City Administrator Approved 4-0 E.PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through: 8/22/19 $342,425.79 Payroll through: 8/15/19 $22,608.26 2.Adopting Findings of Fact for a Variance Request for 1800 Albert Street Councilmember Harris Moved, Approved 4-0 G: POLICY ITEMS: 1.Century Link Settlement Agreement Dana Healy (CTV Executive Director) CenturyLink announced its intent to exit the cable business in early spring. This means it will no longer provide cable service to our area. The settlement makes a possible clean exit for CenturyLink. In addition, the company will remove any facilities that are used exclusively for cable service and pay for any damage to the rights-of-way to these facilities. They will also provide notice to its subscribers with information on how to replace their cable service. CenturyLink will also pay for the return of any equipment that they require to be returned or provide instructions for disposal of the equipment. Lastly, it waives all cable franchise renewal rights. This is only for cable service. CenturyLink will continue to provide phone and other services to their subscribers. 3 of 60 The agreement benefits the cities because it avoids an expensive compliance process that ultimately would likely provide little benefit to subscribers in the short or long term. Councilmember Leehy Moved, Approved 4-0 H. INFORMATION/ANNOUNCEMENTS: Council Member Miazga • NYFS’ A Taste of Northeast fundraising event is on October 10, 2019, at 5:30 pm. I have five tickets, and it is $30 per ticket. The funds will go toward a good cause. If you are interested please call me at 651-252-5833. • Environment Commission’s Sustainable Actions Fair on Saturday, September 7, 10am-2pm at Community Park. I want to thank everyone who helped contribute to the event. Council Member Leehy • No updates Council Member Harris • No updates Mayor Gustafson • Community Engagement Commission is hosting a Neighborhood Liaison event on Monday, September 16, 7 pm at City Hall. • I attended the opening ceremony at State Fair and participated in the Giant Slide race with mayors from different cities. City Administrator Thongvanh • Everything is in place for the basketball court and hope to have it ready by September after the State Fair. • I met with the owners of HueLife, a strategic planning company. The process will bring the program forward after the November election, and elected officials will participate in it. • Falcon Heights residents should have received the bi-annual newsletter. This year we are doing it differently with the mailing route, design, and printing company. City staff and council will work on a business policy for advertisements in the newsletter. • The City Council Workshop on September 4, 2019, will be the final workshop to review the budget. City Council will have to approve the preliminary tax levy at the end of September. I. COMMUNITY FORUM: J. ADJOURNMENT: 7:24 P.M. 4 of 60 REQUEST FOR CITY COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Public Hearing to Consider Fire Inspections for High Density Residential and Businesses Description This item was first discussed during the June 5, 2019 City Council Workshop. Currently, the Fire Marshall inspects rental units in single family, duplex, and triplex properties. Typically, units are inspected on the odd years or when a unit is sold and a new license is needed. Staff recommends expanding the fire inspection program to include all high density residential (4+ units) and businesses in the city. Purpose As currently stated in the City Code in the rental housing section, “the purpose of this article is to protect the public health, safety and welfare of the citizens of the city who have as their place of abode a living unit furnished to them for the payment of a rental charge to another by adopting licensing regulations for all rental dwellings in the city.” This licensing program currently leaves out a large percentage of the city’s population, with all high density rental buildings not currently inspected. Additionally, staff feel that it is important to protect the health of the general public who visit our businesses. City staff believe that the proposed changes will not be onerous for property owners and will bring Falcon Heights in line with what many other communities already practice. In Ramsey County, many cities implement both a rental housing and business fire inspection program. These include Vadnais Heights, North St. Paul, New Brighton, Little Canada, and Lauderdale. Other cities have programs for one or the other. Meeting Date September 11, 2019 Agenda Item Public Hearing E1 Attachment Ordinance, Summary Ordinance Submitted By Justin Markon, Community Development Coordinator 5 of 60 High Density Residential In 2019, the Fire Marshall inspected 55 rental residences, which include buildings with 1, 2, or 3 dwelling units. There are approximately 30 larger rental buildings in the city, ranging from 5 to 119 units, with a current total of 704 rental units. High density buildings do not currently require any licensing. Staff recommend a program that would require fire inspections of the common areas of the buildings. Businesses In a similar vein, commercial properties present potential fire hazards that should be inspected for the welfare of the public. The current business license program requires yearly registration. In 2019, the city issued 40 municipal business licenses. An inspection requirement would also allow the Fire Marshall to check lock box keys on a regular basis. Program Structure The Fire Marshall currently inspects rental homes every two years. Staff recommend requiring inspections for business and high density properties every two years or when a property is sold. Staff recommend approving the Ordinance expanding the licensing and inspection programs. Further, staff recommend allowing the city to offer a complementary fire inspection before the end of the year so that businesses and large rentals have an idea of their existing hazards before the program officially begins in January 2020. Fees The current fee structure is $50.00 per year for each rental unit and business license. Staff recommend the following fee structure. These fees will cover the time for administration and inspections. High Density Residential 5-19 units per building $150 per year 20-49 units per building $200 per year 50-99 units per building $250 per year 100+ units per building $300 per year Businesses Less than 10,000 sq ft $100 per year Over 10,001 sq ft $200 per year 6 of 60 Feedback City staff mailed an information letter and public hearing notice to all businesses and multifamily property owners. Staff did not receive any feedback prior to the June workshop. As of September 5, staff discussed the proposed program with one business owner, one multifamily owner, and one trade association for multifamily properties. Budget Impact Increased revenues of approximately $9,500 each year, offset by staff time for administration and inspections. Attachment(s) •Ordinance 19-06 Amending Chapter 14 and 105 •Summary Ordinance 19-05 Amending Chapter 14 and 105 Action(s) Requested Staff recommend approving Ordinance 19-06, establishing licensing and inspection programs for high density residential and business properties beginning in 2020 and including the program fees in the city’s fee schedule. Staff further recommend adopting Summary Ordinance 19-05 for publication and adopting the fee schedule to be included in the Official City Fee Schedule. High Density Residential 5-19 units per building $150 per year 20-49 units per building $200 per year 50-99 units per building $250 per year 100+ units per building $300 per year Businesses Less than 10,000 sq ft $100 per year Over 10,001 sq ft $200 per year 7 of 60 BLANK PAGE  8 of 60 ORDINANCE NO. 19-06 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTERS 14 AND 105 OF THE FALCON HEIGHTS CITY CODE THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION 1 Section 14-1 is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough. Sec. 14-1. - Business license requirements and regulations. (a) Business licenses . No person shall operate a business within the city without obtaining and maintaining a business license as provided herein. (b) Licensing procedures and regulations . (1) Issuance . Each owner of a business to be located within the city shall complete an application for a business license on forms provided by the city clerk, containing such information as is requested on the form. Business licenses shall be issued upon receipt of the completed application and appropriate license fee (as established by city council), after review by city staff; provided that the operation of the business at the proposed location complies with this Code and other applicable laws (i.e., Uniform Fire Code and Uniform Building Code, the state fire and building codes), passes an inspection, and approval by the city council. (2) Revocation . A business license may be revoked by the city council after a hearing at which the council finds that operation of the business is inconsistent with the information provided on the license application, operation of the business violates any part of this Code or state or federal law, and/or operation of the business has resulted in repeated violations of this Code or state or federal law. At least ten days prior to such a revocation hearing, notice shall be mailed to the owner of the business license, indicating the nature of the hearing. A majority vote of the council shall be sufficient to sustain revocation of a business license. (32) Renewal . Business licenses granted hereunder may be renewed upon submission to the city clerk of the appropriate license renewal fee and a completed renewal application, indicating any changes from the previous license application. Licenses will be renewed only if the business has been operated in compliance with all applicable laws, including this Code, during the preceding license term. All renewals must be approved by the city council. (43) Condition of premises . Premises used in connection with any licenses business must be kept clean, in good repair, and free and clear of any trash, rubbish or debris. (4) Ownership changes. Changes that result in a 25% change in ownership of a business requires a new license. The new owner(s) must submit an application for a new license 9 of 60 within thirty calendar days of acquiring the property. Businesses that are listed on a stock exchange are exempt from section 14-1(b)(4). SECTION 2 Section 14-2 is added as follows. Additions are shown with an underline. Sec. 14-2 – Inspection requirements (a) Inspection required. A satisfactory pass of an inspection is a condition of approval for a business license. (b) Inspection scope. The city clerk or designated representative is authorized to inspect all buildings where a business is located. The inspection may include the building or structure, the land upon which it is located and accessory uses or structures. All inspections authorized by this chapter shall be limited to those which are done for the purpose of seeking compliance with applicable safety codes, and shall take place only at reasonable hours or as may otherwise be agreed upon by the owner and the city clerk or designated representative. An inspection is required every 24 months. (c) Notice of violations. The city clerk or designated representative shall give written notice to the owner, or any known interested parties, of any violations of the applicable safety codes which are discovered during any inspection. The violations must be remedied and pass a reinspection as a condition of license approval. (d) Access and warrant. The city clerk or designated representative may enter, examine and survey at all reasonable times all businesses and premises after obtaining consent from an occupant of the premises. The city may also, upon receipt of a creditable third party complaint or a complaint by residents with reasonable concerns, require an inspection of a business. In the event that an occupant of the premises does not consent to entry by the city clerk or designate representative, and if there is probable cause to believe that an inspection is warranted, then application may be made to the court for an administrative or other search warrant for the purpose of inspecting the premises. (e) Inspection fees. The city council shall establish the fee for inspections and reinspection related to issuing business licenses. SECTION 3 Section 14-3 is added as follows. Additions are shown with an underline. Sec. 14-3. - Revocation, suspension, and civil fines. (a) Violations. The following actions by property owners or license holders are misdemeanors and are subject to civil penalties, may constitute the basis for revocation of licenses and/or may result in injunctive action by the city. The property owner shall be responsible for the conduct of its agents or employees while engaged in normal business activities on the licensed premises. Any violation of this chapter shall be considered an act of the property owner or license holder for purposes of imposing a civil penalty or license revocation. If a license is revoked it is unlawful for the owner to permit new occupancy of any vacant unit, or any units that become vacant during license injunction. (b) Basis for sanctions. The city council may revoke, suspend, deny or decline to renew any license issued under this chapter for part or all of a property upon any of the following grounds: 10 of 60 (1) Leasing without a license. Leasing business units without a license is subject to license suspension or revocation; (2) Violation of codes. Violation of the city maintenance code, building code, fire code, or state or federal law; (3) Hazardous or uninhabitable units. Leasing units that are deemed hazardous or uninhabitable or units within a building that are deemed hazardous or uninhabitable; (4) Commission of a felony. Commission of a felony related to the licensed activity by the property owner or business owner; (5) Consideration of suspension or revocation. At any time during a license period, if a property does not meet or exceed the criteria established for the current license, the license may be brought forth to the city council for consideration of license suspension or revocation; (6) Updated application requirement. Failure to provide an updated application with current information within 30 days of application renewal request from the city; (7) False statements. False statements on any application or other information or report required by this chapter to be given by the applicant or licensee; (8) Fees. Failure to pay any application, inspection, penalty, reinspection or reinstatement fee required either by this section or city council resolution. Fee amounts are subjected to change through the city fee schedule; (9) Correction of deficiencies. Failure to correct dwelling deficiencies in the time specified in a compliance order; (10) Inspection. Failure to schedule an inspection within 90 days of application filed and/or allow an authorized inspection; (11) Delinquent taxes or fines. Real estate or personal property taxes or municipal utilities have become delinquent or have unpaid fines. (c) Penalties. (1) Revocation. Any violation of this chapter may be grounds to revoke a license. Any civil penalty, revocation or combination thereof under this section does not preclude criminal prosecution under this chapter or Minnesota statutes. All fines are cumulative and revocation periods will run consecutively. (2) Violation. Any person that maintains a business without having a property registered or after the registration for the property has been revoked or suspended or who permits new occupancy in violation is guilty of a misdemeanor and upon conviction is subject to a fine and imprisonment as prescribed by state law. a. First violation: City clerk will give notice to the licensee of the violation, request fine payment and direct the licensee to take steps to prevent further violations. 11 of 60 b. Second violation: If a second violation occurs within 60 days of a first violation the city clerk will give notice to the licensee of the violation, request fine payment and direct the licensee to take steps to prevent further violations. c. Third or more violation: If another instance of violations occurs within 60 days of the calendar year the city clerk will give notice to the licensee of the violation, request fine payment and direct the licensee to take steps to prevent further violations. If a fourth or subsequent violation occurs, suspension of the license will be pending until a hearing. (3) Suspension. The city council may temporarily suspend a license pending a hearing on the suspension or revocation when, in its judgment, the public health, safety, and welfare is endangered by the continuance of the licensed activity. (4) Civil fines. The city council may impose civil fines in addition to revocation or suspension for violations of any provision of this chapter as follows: Within One Calendar Year Fine Per Unit/Common Building First Violation $300.00 Second Violation 600.00 Third or more within a 12-month period 900.00 Operating a business without a license after 30 days' notice shall be subject to $1,000.00 fine per unit and also be a misdemeanor offense. SECTION 4 Section 14-4 is added as follows. Additions are shown with an underline. Sec. 14-4. - Hearing on penalties, revocation, violation, suspension and civil fines. (a) Hearing. Following receipt of a notice of denial or nonrenewal or a notice of a violation and penalty issued under section 14-3 of this chapter, an applicant or license holder may request a hearing before the city council. A request for a hearing shall be made by the applicant or license holder in writing and filed with the city clerk within ten days of the mailing of the notice of denial or alleged violation. Following receipt of a written request for hearing, the applicant or license holder shall be afforded an opportunity for a hearing before the city council. A hearing will be conducted before the city council at a public meeting, or the city council may retain an administrative hearing officer or other impartial third party to conduct the public hearing. The licensee shall have the right to be represented by counsel, the right to respond to the charged violations, and the right to present evidence through witnesses. The rules of evidence do not apply to the hearing and the city council may rely on all evidence it determines to be reasonably credible. The determination to suspend or revoke the license shall be made upon a preponderance of the evidence. It is not necessary that criminal charges be brought in order to support a suspension or revocation of a license violation nor does the dismissal or acquittal of such a criminal charge operate as a bar to suspension or revocation. 12 of 60 (b) Decision basis. The council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. (c) Findings. If after the hearing the applicant or license holder is found ineligible for a license, or in violation of this chapter, the council may affirm the denial, impose a civil penalty, suspend, or revoke a license or impose any combination thereof. (d) Default. If the applicant or license holder has been provided written notice of the denial, nonrenewal, or violation and if no request for a hearing is filed within the ten-day period, then the denial or revocation take immediate effect by default. The city clerk shall mail notice of the denial, fine, suspension, or revocation to the applicant or license holder. The city clerk shall investigate compliance with the denial or revocation. (e) Penalties for default. Failure to comply with all terms of this section during the term of revocation, suspension or nonrenewal is a misdemeanor and grounds for extension of the term of revocation, suspension or continuation of nonrenewal of the license. (f) Affected facility. The council may suspend or revoke a license or not renew a license for part or all of a facility. (g) Suspension. Licenses may be suspended for up to 90 days and may, after the period of suspension, be reinstated subject to compliance with this chapter and any conditions imposed by the city council at the time of suspension including, but not limited to, receivership or city obtaining control to manage the property temporarily. (h) Written decision, compliance. A written decision to revoke, suspend, deny, or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no units becoming vacant in such part or parts of the facility may be relet or occupied. (i) Continuing obligations, penalty. Revocation, suspension or nonrenewal of a license shall not excuse the owner/licensee from compliance with all terms of this chapter, this Code, and state or federal laws for as long as any units in the facility are occupied. Failure to comply with all terms of this chapter during the term of revocation, suspension or nonrenewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of nonrenewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or nonrenewal specified in the city council's written decision. (j) New licenses prohibited. A person who has a business license revoked may not receive a business license for another property within the city for a period of one year from the date of revocation. The person may continue to operate other currently licensed properties if the properties are maintained in compliance with city codes and other applicable regulations. SECTION 5 Section 14-5 is added as follows. Additions are shown with an underline. Sec. 14-5. - Summary action. 13 of 60 (a) When the condition of the property of any license holder or their agent, representative, employee or lessee is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the city clerk shall have the authority to summarily condemn or close off such area of the property. (b) Any person aggrieved by a decision of the city clerk to cease business or revoke or suspend the license or permit shall be entitled to appeal to the city council immediately, by filing a notice of appeal. The city clerk shall schedule a date for hearing before the city council and notify the aggrieved person of the date. (c) The hearing shall be conducted in the same manner as if the aggrieved person had not received summary action. (d) The decision of the city clerk shall not be voided by the filing of such appeal. Only after the city council has held its hearing will the decision of the compliance official be affected. SECTION 6 Section 14-6 is added as follows. Additions are shown with an underline. Sec. 14-6. - Applicable laws. Licenses shall be subject to all of the ordinances of the city and the State of Minnesota relating to businesses; and this chapter shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. SECTION 7 Section 14-7 is added as follows. Additions are shown with an underline. Sec. 14-7. - Multiple suspensions. If the license of more than one unit in a licensed premises is suspended within 12 months, the period of suspension for the second and subsequent dwelling units licensed that are suspended may be doubled for the suspension period specified in this chapter. SECTION 8 Sec. 14-2 - Contractors license requirements and regulations is renumbered to 14-8. SECTION 9 Sec. 105-86 is amended as follows. Additions are shown with an underline. Sec. 105-86. - Purpose. It is the purpose of this article to protect the public health, safety and welfare of citizens of the city who have as their place of abode a living unit furnished to them for the payment of a rental charge to another by adopting licensing regulations for all rental dwellings and multifamily rental dwellings in the city. SECTION 10 Sec. 105-87 is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough. Sec. 105-87. - Definitions. For the purposes of this article, the terms defined in this section shall have the meanings given them as follows: 14 of 60 Compliance official means the city administrator or his or her designee. Operate means to charge a rental charge or other form of compensation for the use of a unit in a rental dwelling/multifamily rental dwelling. Rental dwelling means any single-family dwelling, duplex dwelling or triplex dwelling, which is rented for more than four months in any calendar year. "Rental dwelling" does not include hotels, motels, hospitals, or homes for the aged. Rental dwelling does not include Minnesota Department of Health–licensed rest homes, convalescent care facilities, nursing homes, hotels, motels, managed home-owner associations, cooperatives, or on-campus college housing. Multifamily rental dwelling means any building or portion thereof, including the real property upon which it is located and which surrounds it, that contains four or more dwelling units that may be attached side-by-side, stacked floor-to-ceiling, and/or have a common entrance and have a common owner that are being rented out. Multifamily rental dwelling does not include Minnesota Department of Health–licensed rest homes, convalescent care facilities, nursing homes, hotels, motels, managed home-owner associations, cooperatives, or on-campus college housing. SECTION 11 Section 105-88 is amended as follows. Additions are shown with an underline. Sec. 105-88. - License required. No person, firm, partnership, corporation or other legal entity shall operate a rental dwelling or multifamily rental dwelling in the city without first obtaining a license. The license is issued annually and is valid until the date of expiration. Changes that result in a 25% change in ownership of a property requires a new license. The new owner(s) must submit an application for a new license within thirty calendar days of acquiring the property. Property owners that are listed on a stock exchange are exempt from section 105-88. SECTION 12 Section 105-89 is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough. Sec. 105-89. - Application for licenses. Applications for licenses shall be made in writing on forms provided by the city and accompanied by the fee amounts as established in the City Code by the City Council. Such application shall be submitted at least 60 days prior to the expiration date of the license, and shall specify the following: (1) Name and address of the owner of the rental dwelling/multifamily rental dwelling. (2) Name and address of any agent actively managing the rental dwelling/multifamily rental dwelling. The agent must live within the Seven County Metropolitan area and must have a background check conducted by the police department. (3) Name and address of all partners if the registrant is a partnership. (4) Name and address of all officers of the corporation if the registrant is a corporation. 15 of 60 (5) Name and address of the vendee if the rental dwelling/multifamily rental dwelling is owned or being sold on a contract for deed. (6) Legal address of the rental dwelling/multifamily rental dwelling. (7) Number and kind of units within the rental dwelling/multifamily rental dwelling classified as dwelling units, tenement units, or rooming units or other. (8) Name and address of on-site operating manager, if any. SECTION 13 Section 105-91 is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough. Sec. 105-91. - License renewal. Notwithstanding the application signature requirements, renewals of the license as required annually by this Code may be made by filling out the required renewal form furnished provided by the compliance official city to the owner, operator or agent of a rental dwelling/multifamily rental dwelling and mailing said form together with the required registration fee to the compliance official. Failure to file the completed application with the city at least 60 days prior to the expiration of the license is a violation of this article. SECTION 14 Section 105-92 is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough. Sec. 105-92. - License fees. The license fees shall be in the amount established in this Code by the City Council. Failure to pay the license fee for renewal of a license is a violation of this article. SECTION 15 Section 105-93 is amended as follows. Additions are shown with an underline. Sec. 105-93. - Furnish license. Every registrant of a rental dwelling/multifamily rental dwelling shall be given a copy of the license. The license shall contain a statement that the tenant or tenants may contact the attorney general for information regarding the rights and obligations of owners and tenants under state law. The statement shall include the telephone number and address of the attorney general. SECTION 16 Section 105-94 is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough. Sec. 105-94. - City inspections. (a) Rental units dwellings shall be inspected by the compliance official or designated representative in their entirety every 24 months. An application and payment is required annually on a continuous basis. Rental units dwellings that fail their first inspection will be subjected to additional inspections until an inspection certificate is given by the compliance official. Rental units dwellings that fail their first inspection will be subjected to an inspection the subsequent year. 16 of 60 (b) Multifamily rental dwellings shall be inspected by the compliance official or designated representative every 24 months. An inspection will be made of the common areas of the property. An application and payment is required annually on a continuous basis. Multifamily rental dwellings that fail their first inspection will be subjected to additional inspections until an inspection certificate is given by the compliance official. Multifamily rental dwellings that fail their first inspection will be subjected to an inspection the subsequent year. (bc) Pursuant to this section, the compliance official shall make inspections to determine the condition of rental dwellings/multifamily rental dwellings located within the city for the purpose of enforcing the rental licensing standards. The compliance official or designated representative may enter, examine and survey at all reasonable times all rental dwellings/multifamily rental dwellings and premises after obtaining consent from an occupant of the premises. In the event that an occupant of the premises does not consent to entry by the compliance official or designate representative, and if there is probable cause to believe that an inspection is warranted, then application may be made to the court for an administrative or other search warrant for the purpose of inspecting the premises. (d) The city may, upon receipt of a creditable third party complaint or a complaint by residents with reasonable concerns, require an inspection of rental dwellings/multifamily rental dwellings. A complaint-based inspection may require individual dwelling units to be inspected. (de) The owner's rental housing license may be suspended, revoked or denied renewal for failing to maintain the licensed building in compliance with the property maintenance code as set forth in chapter 105, article III of this Code or otherwise failing to comply with the requirements of the City Code or applicable state or federal law. SECTION 17 Section 105-95 is amended as follows. Additions are shown with an underline. Sec. 105-95. - Maintenance standards. (a) Every rental dwelling/multifamily rental dwelling shall maintain the standards in chapter 105, article III, housing code, and chapter 22, blight, in addition to any other requirement of the ordinance of the city or special permits issued by the city, or the laws of the State of Minnesota. (b) Any code violation noted by the city must be remedied in a timely fashion by the property owner and reinspected for compliance by the city. SECTION 18 Section 105-97 is amended as follows. Additions are shown with an underline. Sec. 105-97. - Revocation, suspension, and civil fines. (a) Violations. The following actions by property owners or license holders are misdemeanors and are subject to civil penalties, may constitute the basis for revocation of licenses and/or may result in injunctive action by the city. The property owner shall be responsible for the 17 of 60 conduct of its agents or employees while engaged in normal business activities on the licensed premises. Any violation of this article shall be considered an act of the property owner or license holder for purposes of imposing a civil penalty or license revocation. If a license is revoked it is unlawful for the owner to permit new occupancy of any vacant rental unit, or any units that become vacant during license injunction. (b) Basis for sanctions. The compliance official may revoke, suspend, deny or decline to renew any license issued under this article for part or all of a rental dwelling/multifamily rental dwelling upon any of the following grounds: (1) Leasing without a license. Leasing residential units without a license is subject to license suspension or revocation; (2) Violation of codes. Violation of the city maintenance code, building code, or fire code; (3) Hazardous or uninhabitable units. Leasing units that are deemed hazardous or uninhabitable or units within a building that are deemed hazardous or uninhabitable; (4) Commission of a felony. Commission of a felony related to the licensed activity by the property owner or manager; (5) Consideration of suspension or revocation. At any time during a license period, if a rental property does not meet or exceed the criteria established for the current license, the license may be brought forth to the city council for consideration of license suspension or revocation; (6) Updated application requirement. Failure to provide an updated application with current information within 30 days of application renewal request from the city; (7) False statements. False statements on any application or other information or report required by this article to be given by the applicant or licensee; (8) Fees. Failure to pay any application, inspection, penalty, reinspection or reinstatement fee required either by this section or city council resolution. Fee amounts are subjected to change through the city fee schedule; (9) Correction of deficiencies. Failure to correct dwelling deficiencies in the time specified in a compliance order; (10) Inspection. Failure to schedule an inspection within 90 days of application filed and/or allow an authorized inspection of a rental dwelling/multifamily rental dwelling; (11) Violation of statute. Violation of an owner's duties under Minn. Stats. §§ 299C.66 to 299C.71 ("Kari Koskinen Manager Background Check Act"); (12) Delinquent taxes or fines. Real estate or personal property taxes or municipal utilities have become delinquent or have unpaid fines. (c) Penalties. 18 of 60 (1) Revocation. Any violation of this article may be grounds to revoke a license. Any civil penalty, revocation or combination thereof under this section does not preclude criminal prosecution under this article or Minnesota statutes. All fines are cumulative and revocation periods will run consecutively. (2) Violation. Any person that maintains a rental dwelling/multifamily rental dwelling without having a property registered or after the registration for the property has been revoked or suspended or who permits new occupancy in violation is guilty of a misdemeanor and upon conviction is subject to a fine and imprisonment as prescribed by state law. a. First violation: Compliance official will give notice to the licensee of the violation, request fine payment and direct the licensee to take steps to prevent further violations. b. Second violation: If a second violation occurs within 60 days of a first violation the compliance official will give notice to the licensee of the violation, request fine payment and direct the licensee to take steps to prevent further violations. c. Third or more violation: If another instance of violations occurs within 60 days of the calendar year compliance official will give notice to the licensee of the violation, request fine payment and direct the licensee to take steps to prevent further violations. If a fourth or subsequent violation occurs, suspension of the license will be pending until a hearing. (3) Suspension. The city council may temporarily suspend a license pending a hearing on the suspension or revocation when, in its judgment, the public health, safety, and welfare is endangered by the continuance of the licensed activity. (4) Civil fines. The city council may impose civil fines in addition to revocation or suspension for violations of any provision of this article as follows: Within One Calendar Year Fine Per Unit/Common Building First Violation $300.00 Second Violation 600.00 Third or more within a 12-month period 900.00 Renting without a license after 30 days' notice shall be subject to $1,000.00 fine per unit and also be a misdemeanor offense SECTION 19 Section 105-99 is amended as follows. Additions are shown with an underline. Sec. 105-99. - Summary action. 19 of 60 (a) When the condition of the rental dwelling/multifamily rental dwelling of any license holder or their agent, representative, employee or lessee is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the compliance official shall have the authority to summarily condemn or close off such area of the rental dwelling/multifamily rental dwelling. (b) Any person aggrieved by a decision of the compliance official to cease business or revoke or suspend the license or permit shall be entitled to appeal to the city council immediately, by filing a notice of appeal. The administrator shall schedule a date for hearing before the city council and notify the aggrieved person of the date. (c) The hearing shall be conducted in the same manner as if the aggrieved person had not received summary action. (d) The decision of the compliance official shall not be voided by the filing of such appeal. Only after the city council has held its hearing will the decision of the compliance official be affected. SECTION 20 Section 105-100 is amended as follows. Additions are shown with an underline. Sec. 105-100. - Applicable laws. Licenses shall be subject to all of the ordinances of the city and the State of Minnesota relating to rental dwellings/multifamily rental dwellings; and this article shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. SECTION 21 This ordinance shall be effective upon its passage and a summary published in the official newspaper. ADOPTED this 11th day of September, 2019, by the City Council of the City of Falcon Heights, Minnesota. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - Moved by: Approved by: ________________________ Randall Gustafson Mayor GUSTAFSON ___ In Favor Attested by: ________________________ HARRIS Sack Thongvanh LEEHY ___ Against City Administrator MIAZGA Vacant 20 of 60 204714v1 SUMMARY ORDINANCE NO. 19-05 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTERS 14 AND 105 OF THE FALCON HEIGHTS CITY CODE CONCERNING BUSINESS LICENSE REQUIREMENTS AND RENTAL LICENSING This ordinance amends Chapters 14 and 105 of the Falcon Heights City Code concerning business license requirements and rental licensing. The amendments to Chapter 14 include license inspection requirements, revocation, suspension and penalties. The amendments to Chapter 105 include license procedure, requirements, inspections, revocation, suspension and penalties. A printed copy of the entire ordinance is available for inspection by any person during the City Administrator/Clerk’s regular office hours. APPROVED for publication by the City Council of the City of Falcon Heights, Minnesota this 11th day of September, 2019. CITY OF FALCON HEIGHTS BY: ________________________________ Randall Gustafson, Mayor ATTEST: _____________________________________ Sack Thongvanh, City Administrator 21 of 60 BLANK PAGE  22 of 60 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item General Disbursements and Payroll Description General Disbursements through: 9/05/19 $34,648.36 Payroll through: 8/31/19 $20,210.08 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 September 11, 2019 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director 23 of 60 BLANK PAGE  24 of 60 25 of 60 26 of 60 27 of 60 28 of 60 29 of 60 30 of 60 31 of 60 32 of 60 33 of 60 34 of 60 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Approval of City License(s) Description The following individuals have applied for a General Contractor License for 2019. Staff has received the necessary documents for licensure. 1.Tim Anderson Brick and Stone Budget Impact N/A Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2019 City License Applications contingent on background checks as required by each permit. Meeting Date September 11, 2019 Agenda Item Consent F2 Attachment N/A Submitted By Amanda Lor, Administrative Coordinator 35 of 60 BLANK PAGE  36 of 60 REQUEST FOR CITY COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Promotion of Colin Callahan to Senior Public Works Worker Description Colin has been with the City since 2001 and has dedicated over 18 years of excellent service to the City and Falcon Heights community. His knowledge of the city and its facilities has been invaluable to the city’s resident, employees, and business owners. Colin has shown excellent judgement, a strong work ethic, and a willingness to take on new duties and responsibilities as needed. Colin deserves the recognition and has the support of Tim Pittman, Public Works Director. Budget Impact Funds are available for 2019 and has been allocated for the Proposed 2020 Budget. Attachment(s) • Resolution 19-30 Promoting Colin Callahan from Maintenance Worker to Senior Public Works Worker Action(s) Requested Staff recommends approval of promoting Colin Callahan from Maintenance Worker to Senior Public Works Worker effective September 11, 2019 with a rate of $32.06, an increase of $.30 per hour to be in line with the position title of Senior Public Works Worker or Lead Maintenance Worker. Meeting Date September 11, 2019 Agenda Item Consent F3 Attachment Resolution Submitted By Sack Thongvanh, City Administrator 37 of 60 BLANK PAGE  38 of 60 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION September 11, 2019 No. 19-30 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION PROMOTING COLIN CALLAHAN FROM MAINTENANCE WORKER TO SENIOR PUBLIC WORKS WORKER WHEREAS, Colin Callahan accepted the position of Public Worker in 2001; WHEREAS, Colin has dedicated over 18 years of excellent service to the city and residents of the City of Falcon Heights. . WHEREAS, Colin has shown excellent judgement, a strong work ethic, and a willingness to take on new duties and responsibilities as needed. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1.Promote Colin Callahan from Maintenance Worker to Senior Public Works Worker. 2.Pay increase to $32.06 per hour. -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - Moved by: Approved by: ________________________ Randy Gustafson Mayor VACANT ____ In Favor Attested by: ________________________ GUSTAFSON Sack Thongvanh HARRIS ____ Against City Administrator LEEHY MIAZGA 39 of 60 BLANK PAGE  40 of 60 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Appointment of Jeffrey Guertin to the Falcon Heights Volunteer Fire Department Description Jeffrey Guertin submitted an application to the Fire Department because of his interest in public safety. Fire Department personnel have reviewed his application and interviewed Mr. Guertin. The Department would recommend the appointment of Jeffrey Guertin. Mr. Guertin will have two years to complete the necessary training and education before he will be an official volunteer firefighter. Bio I joined the Army when I was 19 years old. During my time in the military I learned many new skills, most of them I was seeing for the first time. Despite the high stress environment that the military teaches In I was able to excel. I have found over the years that I learn and function very well in high tempo high stress environments. The military taught me much about teamwork and how important each team member is. I believe that the individuals are any originations biggest asset and understand that each member must be able to trust and relay on the one next to them. I just completed the EMT program at Century College. I took and passed the National Registry board written test in May of this year. My wife and I love our community and try to give back any time we can. In our free time we volunteer at Feed My Starving Children and the Dorthey Day Center. I work fulltime for the Army Corps of Engineers as a lock and dam operator. I also work part time at Health east as an Emergency Medical Technician. Budget Impact N/A Attachment(s) • Resolution 19-31 Appointing Jeffrey Guertin to the Falcon Heights Volunteer Fire Department Meeting Date September 11, 2019 Agenda Item Consent F4 Attachment Resolution Submitted By Sack Thongvanh, City Administrator 41 of 60 Action(s) Requested Staff would recommend approval of resolution and appoint Jeffrey Guertin to the Falcon Heights Volunteer Fire Department. 42 of 60 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION September 11, 2019 No. 19-31 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - RESOLUTION APPOINTING JEFF GUERTIN TO THE FALCON HEIGHTS VOLUNTEERFIRE DEPARTMENT WHEREAS, the City of Falcon Heights has a Volunteer Fire Department and continues to advertise for people interested in serving the City of Falcon Heights ; and WHEREAS, the City received an application from Jeff Guertin regarding his interest to serve on the Fire Department; and WHEREAS, the Fire Department conducted an interview and would recommend the appoint Jeff Guertin to the Falcon Heights Volunteer Fire Department; and WHEREAS, the City Administrator and Mayor conducted a final interview and would recommend Council approval. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1.Jeff Guertin will have two years from the approval of the resolution to complete the necessarytraining and education before he will be an official volunteer firefighter. 2. That the appointment is approved and adopted by the City Council of the City of Falcon Heights. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall Gustafson Mayor VACANT ____ In Favor Attested by: ________________________ LEEHY Sack Thongvanh HARRIS ____ Against City Administrator MIAZGA GUSTAFSON 43 of 60 BLANK PAGE  44 of 60 REQUEST FOR CITY COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Strategic Planning Proposal Description This is the first step to starting the long-range financial plan process for the City. My hope for HueLife is to develop an initial plan to guide staff and the City Council for the next two to five years that will be integrated into the Long- Range Financial Plan. Budget Impact The cost will be $6,500 Attachment(s) •Proposal •Example - City of Victoria Strategic Planning Process Action(s) Requested Staff recommends approval of $6,500 for Strategic Planning and authorize the City Administrator to execute all necessary agreements with HueLife. Meeting Date September 11, 2019 Agenda Item Policy G1 Attachment N/A Submitted By Sack Thongvanh, City Administrator 45 of 60 BLANK PAGE  46 of 60 August 27, 2019 Sack Thongvanh City Administrator City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, MN 55113 Human Understanding & Engagement FALCON HEIGHTS STRATEGIC PLANNING PROPOSAL 47 of 60 >>> HueLife Values Thank you for the opportunity HUELIFE PROPOSAL 2019 Dear Sack, We so appreciate the opportunity to submit a proposal for long-range strategic planning and creating work objectives (goals) for the upcoming year. Working with organizations to create a compelling vision with realistic, achiebale and actionalble plans is at the heart of what we do. We are truly looking forward to an opportunity to work with you! Dr. Richard Fursman HueLife Co-Founder, Facilitator, Consultant HueLife Richard.fursman@hue.life (651)338.2533 2 INTEGRITY Be worthy of trust. Take responsibility. Keep principles and values present. COURAGE Be open. Take smart risks. Be a change agent. 1 2 3 4 RELATIONSHIPS Build strong ties. Develop and maintain caring support systems. HUMILITY Be a servant leader. Always be learning. 48 of 60 EXECUTUVE SUMMARY We are pleased to submit a proposal to begin an engagement with the City of Falcon Heights for the purpose of assisting the City’s leadership in strategic planning efforts. This project entails the development of a strategic plan built upon involvement and guidance from the City Council, staff and other contributing members of the community. The purpose of the project is to set in place a practical vision for the community and identify in clear language, the steps the City will take to achieve the vision. The City of Falcon Heights is seeking to set a clear and compelling vision for 2025 with accompanying priorities for 2019/20 through a focused look at goals and work priorities. HueLife specializes in working with organizations to engage, collaborate, innovate and change for the greater good. We have a team of certified facilitators experienced in designing and facilitating strategic planning sessions that engage and empower participants. POPOSED PROCESS Our approach to strategic planning/goal setting, provides a structured, participatory process for articulating the priorities of an organization based on a long-term common vision and definition of strategic directions. This is typically a 12 hour process. The abreviated planning process consists of: • Collecting ENVIRONMENTAL SCAN DATA – Identifying relevant factual data such as organizational history, accomplishments, trends, and other data: I will be reviewing this material ahead of the retreat. • Mapping out the PRACTICAL VISION – Identifying a vision that is a practical picture of the desired future. • Setting the STRATEGIC DIRECTIONS – Identifying strategies that can address obstacles and move towards the vision • Drawing up the IMPLEMENTATION TIMELINE – Determine substantial actions that can be accomplished to carry out the strategy areas, create a realistic timeline as well as detailed implementation steps to move forward. Retreat HueLife will use the ToP Participatory Strategic Planning methodology to provide a structured, participatory process for articulating the priorities of an organization based on a long-term common vision and definition of strategic directions. Intended Outcomes: ● Shared Vision for 2025 ○ “What needs to happen in five years for FH to be an inclusive, financially stable city that soars?” ● Focused intention for the next 3-5 years ● Shared awareness around current reality ● Strategic areas of focus and priorities over the next two years ● Commitment for action ● Identify key priority goals and objectives to accomplish in year one ● Develop supporting action plans to accomplish key priorities ● Create a work plan and timeline for the implementation ● Coordinate work plan across all strategy areas and individuals ● Identify measurable outcomes for all tasks and actions ● Celebrate final planning results Proposal Overview Strategic Planning/Goal Setting 3 >>> 49 of 60 Deliverables: Facilitate strategic planning session to develop areas of focus, strategies and priorities over the next several years, identify initiatives and activities that will support strategies and develop work plans and teams for each key strategy area. Draft report. Responsibility of the HueLife Team: Develop participant packets/guides for the planning retreat; prepare all the materials necessary for the retreat; create an inspiring space for visioning, creative problem solving and strategic thinking; facilitate a planning process per the agreed upon plan; set up the room for sessions and summarize the results for inclusion into reports for sharing with the implementation teams. Date: TBD: November/December Fee: $6,500 Pricing includes: design, preparation and materials, 2-daystrategic plan facilitation session with up to 25 participants and documentation. Facilitation Team Irina Fursman TCF Irina Fursman is a lead consultant, trainer and facilitator, as well as HueLife’s co-founder and Chief Executive Officer. She is a Certified ToP Facilitator and Mentor Trainer specializing in Organisation development, adult learning and development, conflict resolution and strategic planning. She trains individuals and groups in the art and science of human engagement and facilitation. Irina earned her Bachelor of Science degree in Education from Taurida 'V. I. Vernadskiy' National University, and Master of Science degree in Mathematics and Computer Science from Simferopol State University, both in Ukraine. She is currently completing her doctorate in organization development at the University of St. Thomas in Minneapolis, Minnesota, focusing her research on leadership and change. She develops curriculum for leadership and engagement needs. Dr. Richard Fursman Ed.D. Richard is a co-founder and owner of HueLife. Richard specializes in the dynamics of human behavior and change. He helps teams create a shared purpose, strategic plans, and implementation paths. He advises government entities in the US and Ukraine, and co-created and facilitated the Kiev PEACE Summit during the Ukraine-Russian conflict in 2014. Richard often presents and consults on system-wide transformation. He is well versed and utilizes a variety of approaches and methods in his facilitation, including Technology of Participation, Appreciative Inquiry, Action Research, Process Consultation, and more. He has 25 years of senior management experience in local government, most recently as City Manager of Maplewood, Minnesota. Richard earned his Doctorate in Organization Development as well as his Bachelor of Arts in Economics from the University of St. Thomas and his Master of Arts degree in Urban and Regional Affairs from Mankato State University. 4 >>> 50 of 60 Company Name : HueLife Company Address 5775 Wayzata Blvd. #700 Minneapolis, MN 55416 United States Website : www.hue.life 5 >>> 51 of 60 52 of 60 53 of 60 BLANK PAGE  54 of 60 55 of 60 56 of 60 57 of 60 58 of 60 59 of 60 60 of 60