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HomeMy WebLinkAboutCCAgen_08Jun25CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA June 25, 2008 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM ____ HARRIS ____ KUETTEL ____ LONG ____ MERCER-TAYLOR ____ MILLER ____ KREUSER ____ C. PRESENTATIONS: D. APPROVAL OF MINUTES: June 11, 2008 TAB 1 E. PUBLIC HEARING: 1. MS4 Permit Presentation and Public Hearing TAB 2 F. CONSENT AGENDA: 1. General Disbursements through 6/19/08: $179,329.16 Payroll through 6/15/08: $17,619.67 TAB 3 G. POLICY AGENDA: 1. Review Draft Rental Licensing Ordinance TAB 4 H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: I. ADJOURNMENT TO WORKSHOP: Larpenteur Avenue Streetscape Kick-Off If you have a disability and need accommodation in order to attend this meeting, please notify City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:30 p.m. at 651-792-7600. We will be happy to help. ???????????f?!?! Regular Meeting of the Falcon Heights City Council June 11, 2008 Members present: Mayor Lindstrom, Council members Long and Kuettel, Administrator Miller, Assistant City Administrator/Deputy Clerk Kreuser. Members absent: Council members Harris and Mercer-Taylor. Presentations: Kelly Tomlinson was presented to the council for achieving the Girl Scout Gold Award. Tomlinson planned and executed a program for troubled youth, which included games, snacks, teaching communication skills, and field trips to the Science Museum and Pump It Up. Representative Alice Hausman addressed the council next, giving them the legislative updates on what happened this season at the Capitol. She began by outlining the transportation bill, noting Falcon Heights would receive an additional $406,000 for MSA roads (funds are gradually paid over 10 years). In the tax bill, Falcon Heights will see LGA increase about $125,000. Next, she spoke about the Bell Museum line item veto from the bonding bill, and the legislature’s disappointment at the governor’s action. She spoke at length about her vision for Central Corridor and Regional Railway, in light of higher fuel and oil prices, and stated Oberstar has pledged his support for a $1.6b investment in transportation. Senator Ellen Anderson addressed the council next, and outlined the struggles the legislature faced this session including a budget deficit. Next year the state will face another deficit, probably over $1b. This year, levy limits were imposed to help landowners on their property taxes but it created a challenge for local governments. She spoke about education funding and her committee’s focus on funding for clean water, including the Legacy Amendment that will be voted on this November. She also mentioned bills passed that offer local governments opportunities for clean energy building and improvements. Mayor Lindstrom reminded Hausman and Anderson that Falcon Heights had recently signed onto the Climate Protection Agreement, and he was interested in learning more about Anderson’s projects. Hausman also noted education was a big winner in the bonding bill, securing funding for new medical research labs and 4,400 jobs. She also noted she had a meeting with the Met Council and Board of Regents at the University regarding the Central Corridor (CC), to push the U to allow the line through Washington Ave. She said the State has been very generous to the U, and by not allowing the CC, the U was giving the perception of not being a good citizen of the state. She said federal funding of $450m would be lost if the $70m in funding from the state fell through. Mayor Lindstrom asked about the future of the Bell Museum. Hausman replied the U president is strongly committed to the project, and no one is certain the reasoning behind its veto from the bonding bill. Anderson added the bigger picture led to the line item veto. The minutes of the May 28, 2008 regular council meeting were approved as submitted. Consent Agenda: Council member Kuettel moved the following four items for approval. The motion passed unanimously. 1. General Disbursements through 6/4/08: $95,881.25 Payroll through 5/30/08: $17,407.04 2. Step Increase for Tim Pittman, Parks and Public Works Director 3. City Administrator Contract Continuation 4. Step Increase for Melanie Leehy, Office Assistant Policy Agenda: 1. 1,000 Benches Grant Application Administrator Miller began the item by explaining Active Living Ramsey County (ALRC) began the 1,000 Benches program about a year ago with the goal of placing benches along key corridors for people who may be hesitant to walk due to lack of rest spots. ALRC will subsidize ½ of the bench cost. The Parks/Rec Commission has discussed the application, and proposed the benches go at the following places: Hoyt/Snelling, Hoyt near Coffee Grounds, Ruggles north of FH Elementary, Fairview/Larpenteur, and Community Park along the trail. Miller was asked by Mayor Lindstrom to discuss sponsorships. Miller replied the city could set a donation amount in order for individuals or businesses to have a dedicated paver in the concrete base. Once the city knows the amount of the grant award, we will publicize sponsorship. Council member Long moved to approve the 1,000 Benches program. The motion passed unanimously. 2. Larpenteur Avenue Streetscape Agreement with SRF Consulting Consulting Group Administrator Miller explained the council had discussed the streetscaping proposal at its previous workshop, and agreed to offer the contract to SRF. The city attorney had reviewed the contract and made a recommendation to include the final figure as a “not to exceed” amount; meaning SRF would have to come back for council approval should the final number be larger. He said the plans for Larpenteur are planned to be completed by the end of 2008, and streetscpaing budget approved in 2009. Council member Kuettel moved to approve the contract with SRF. The motion passed unanimously. 3. Adoption of City goals for 2009 Mayor Lindstrom began by explaining setting the goals is the start of the budget process. The council had previously discussed the goals, eliminating those fulfilled while adding new goals. Two changes were recommended – deletion of the Bell Museum strategy, and deletion of the Comp Plan update 2008. Council agreed the comp plan should remain listed as a goal. Council member Long Long moved to approve the 2009 goals with the recommended change. The motion passed unanimously. Information/Announcements: Council member Long said the Parks Commission met. Summer programs begin June 16. New for autumn are rugby classes for ages 6-16, running club, and toddler music classes. The Ice Cream Social is July 31 from 6-8p.m. with a new photo contest this year. Council member Kuettel asked if the students at FH Elementary could write letters of support for the Bell. She reminded residents to lock their doors and garages, and to be safe. Mayor Lindstrom announced Mosquito Control would take old tires for free. Administrator Miller said the city is asking for slogan ideas through July. A crime prevention meeting will be held at FHUCC June 19 at 6:30p.m. Back to the 50s is this weekend, call 911 with any problems. Lastly, Snelling is getting a third lane added northbound between Roselawn County Rd B, slated to be done by the Fair. The meeting was adjourned at 8:20p.m. Respectfully submitted, Stacey Stacey Kreuser Assistant City Administrator/Deputy Clerk PUBLIC HEARING E1 6/25/08 ITEM: MS4 Permit Presentation and Public Hearing SUBMITTED BY: Tim Pittman, Parks and Public Works Director EXPLANATION: According to state statute, cities are required to publicize and hold a public hearing on the municipal storm water prevention plan. Municipal permits are granted under the Municipal Separate Storm Sewer System or MS4 program. Falcon Heights falls under the obligations of the program, and the hearing and presentation fulfills these requirements. No formal action is needed. CONSENT F1 6/25/08 ITEM: General Disbursements and Payroll SUBMITTED BY: Roland Olson, Finance Director REVIEWED BY: Justin Miller, City Administrator EXPLANATION: General Disbursements through 6/19/08: $179,329.16 Payroll through 6/15/08: $17,619.67 ATTACHMENTS: General disbursements, payroll, and credit card statement ACTION REQUESTED: Approval POLICY G1 6/25/08 ITEM: Review Draft Rental Licensing Ordinance SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: During the June 4th workshop, the city council established several guidelines for a potential rental licensing ordinance. The impetus behind this program is to maintain the character and quality of our neighborhoods and to provide adequate safety measures for those renting property in the city. The key points that the council wanted to include in the rental licensing program were: • Limit license requirement to buildings with 1-4 units • Annual license required for units rented more than four months • Inclusion of suggested crime free/criminal activity language into lease documents • Inspections to monitor life/safety items such as smoke alarms, egress windows, etc. • Three strikes rule relating to criminal/code compliance calls The city attorney has supplied the attached draft ordinance that staff believes begins to address these key issues. ACTION REQUESTED: No formal action is needed at this time; however, staff is seeking feedback on the attached draft ordinance. Once the council has identified concerns, staff can modify the draft ordinance for future consideration by the city council. ORDINANCE NO. ___ CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN AMENDMENT TO CHAPTER 105 OF THE FALCON HEIGHTS CITY CODE CONCERNING RENTAL HOUSING THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS: SECTION 1. Article IV is added to Chapter 105 of the Falcon Heights City Code to read as follows: ARTICLE IV. RENTAL HOUSING 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 in the city. Sec. 105-87. Definitions. For the purposes of this article, the terms defined in this section shall have the meanings given them as follows: Compliance official. As used in this article, the term "compliance official" shall mean the city administrator or his or her designee. Operate. As used in this article, the term "operate" means to charge a rental charge or other form of of compensation for the use of a unit in a rental dwelling. Rental dwelling. As used in this article, the term "rental dwelling" shall mean any rental dwelling with one to four living units in which the units are rented for more than four months in any calendar year. “Rental dwelling” does not include hotels, motels, hospitals, or homes for the aged. Sec. 105-88. License required. No person, firm, partnership, corporation or other legal entity shall operate a rental dwelling in the city without first obtaining a license. The license is issued annually and is valid until the date of expiration. 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. Such application shall be submitted at least sixty (60) days prior to the expiration date of the license, and shall specify the following: (1) Provisional license. Dwellings required to be licensed, which are existing and in operation prior to the effective date of this ordinance, may continue to operate with a provisional license. A provisional license will be issued upon receipt of application and payment of fees. The provisional license shall be valid until a license is issued or it is determined that license requirements have not been met and the city will not issue a license. (2) Name and address of the owner of the rental dwelling. (3) Name and address of any operator or agent actively managing said rental dwelling. (4) Name and address of all partners if the registrant is a partnership. (5) Name and address of all officers of the corporation if the registrant is a corporation. (6) Name and address of the vendee if the rental dwelling is owned or being sold on a contract for deed. (7) Legal address of the rental dwelling. (8) Number and kind of units within the rental dwelling classified as dwelling units, tenement units, or rooming units or other. (9) Name and address of on site operating manager, if any. Sec. 105-90. License renewal. Notwithstanding the application signature requirements, renewals of the the license as required annually by this Code may be made by filling out the required renewal form furnished by the compliance official to the owner, operator or agent of a rental dwelling and mailing said form together with the required registration fee to the compliance official. Sec. 105-91. License fees. Such license fees shall be in the amount established in this Code. Sec. 105-92. Posting. Every registrant of a rental dwelling shall post the annual license issued by the compliance official. The annual license shall be conspicuously posted (in a frame with a glass covering) by the registrant, in a public corridor, hallway or lobby of the rental dwelling for which they are issued. 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. Sec. 105-93. City inspections. (a) Pursuant to this section, the compliance official shall make inspections to determine the condition of 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 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 my be made to the court for an administrative or other search warrant for the purpose of inspecting the premises. (b) 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. Sec. 105-94. Maintenance standards. Every rental dwelling shall maintain the standards in chapter 105, article III, Housing Code, 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. Sec. 105-95. Crime Free/Criminal Activity Lease Requirements. (a) All tenant leases, except for state licensed residential facilities and subject to all preemptory state and federal laws, shall contain the following Crime Free/Criminal Activity language: (1) DRUG-RELATED ACTIVITY. a. Resident, any members of the resident’s household or a guest or other person affiliated with resident shall not engage in drug-related criminal activity, on or near the premises. b. Resident, any member of the resident’s household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate drugrelated criminal activity on or near the premises. c. Resident or members of the household will not permit the dwelling unit to be used for, or to facilitate drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest. d. Resident, any member of the resident’s household or a guest, or other person affiliated with the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise. e. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY. (2) CRIMINAL ACTIVITY. a. Resident, members of the resident’s household, guests, or other persons under the resident’s control shall not engage in Criminal Activity, engage in any act intended to facilitate Criminal Activity, or permit the dwelling unit to be used for or facilitate Criminal Activity on or near the premises. b. THREE CRIMINAL ACTIVITY VIOLATIONS INVOLVING THE SAME TENANCY WITHIN A CONTINUOUS TWELVE MONTH PERIOD SHALL BE A SUBSTANTIAL AND MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF THE TENANCY. c. NOTWITHSTANDING THE ABOVE PROVISION, CRIMINAL ACTIVITY THAT JEOPARDIZES THE HEALTH, SAFETY, AND WELFARE OF THE LANDLORD, HIS AGENT, OTHER RESIDENTS, NEIGHBORS OR OTHER THIRD PARTY, OR INVOLVING IMMINENT OR ACTUAL SERIOUS PROPERTY DAMAGE SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY. (3) Definitions. a. The term “criminal activity” means the violation of the following: 1) Minnesota Statutes §§ 609.75 through 609.76, which prohibit gambling; 2) Minnesota Statutes §§ 609.321 through 609.324, which prohibit prostitution and acts relating thereto; 3) Minnesota Statutes § 340A.401, which prohibit the unlawful sale of alcoholic beverages; 4) Minnesota Statutes §§ 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, and § 930 of this code, which prohibit the unlawful possession, transportation, sale or use of a weapon; 5) Minnesota Statutes §§ 609.185, 609.19, 609.195, 609.20, and 609.205 which prohibit murder and manslaughter; 6) Minnesota Statutes §§ 609.221, 609.222, 609.223, and 609.2231 which prohibit assault; 7) Minnesota Statutes §§ 609.342, 609.343, 609.344, 609.345, and 609.3451 which prohibit criminal sexual conduct; 8) Minnesota Statutes §§ 609.52 which prohibit theft; 9) Minnesota Statutes §§ 609.561, 609.562, 609.563, 609.5631, and 609.5632 which prohibit arson; 10) Minnesota Statutes § 609.582 which prohibit burglary; 11) Minnesota Statutes § 609.595 which prohibit damage to property; 12) Chapter 22, Article III of this Code, which prohibits nuisances; 13) Minnesota Statutes § 609.72, which prohibit disorderly conduct, when the violation disturbs the peace and quiet of the occupants of at least one unit on the licensed premises or other premises, other than the unit occupied by the person(s) committing the violation; and 14) Section 30-3 of the Falcon Heights City Code which prohibits the discharge of a firearm. b. The term “drug related criminal activity” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use of a controlled substance or any substance represented to be drugs in violation of Minnesota Statutes §§ 152.01 through 152.025, and 152.027, subds. 1 and 2 and Section 102 of the Controlled Substance Act, 21 U.S.C. § 802). (4) Non-Exclusive Remedies. The Crime Free/Criminal Activity provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. (b) These lease provisions shall be incorporated into every new lease for a tenancy beginning January 1, 2009 and all renewed leases thereafter. (c) Upon determination by the compliance official that a licensed premises or unit within a licensed premises was used in violation of the Drug-Related Activity provision of Subsection (a)(1) or Criminal Activity provision of Subsection (a)(2)(c) , the city shall cause notice to be made to the owner and property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten (10) days of the notice of violation of the Crime Free/Criminal Activity lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. (d) Upon determination by the compliance official that a licensed premises or unit within a licensed premises was used for Criminal Activity as set forth in Subsection (a)(2) herein, the city shall cause notice to be made to the owner and property manager of the violation and direct the owner and property manager to take steps to prevent further Criminal Activity violations. (e) If a second Criminal Activity violation occurs within a continuous twelve (12) month period involving the same tenancy, the city shall cause notice to be made to the owner and property manager of the second violation. The owner or property manager shall respond in writing within ten (10) days of receipt of the notice with an action plan to prevent further Criminal Activity violations. (f) If a third Criminal Activity violation occurs within a continuous twelve (12) month period involving the same tenancy, the city shall cause notice to be made to the owner and property manager of the third violation. The owner or property manager shall notify the tenant or tenants within ten (10) days of the violation of the Crime Free/Criminal Activity lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. (g) The provisions of Subsections (c), (d), (e), and (f) herein do not apply if the determination that the premises have been used in violation of the Crime Free/Criminal Activity provisions of Subsections (a)(1) and (a)(2) herein originates from a call from or at the request of one or more of the tenants occupying the premises for police or emergency assistance, or in the case of domestic abuse, from a call for assistance from any source. The term “domestic abuse” has the meaning given in Minn. Stat. § 518B.01, subd. 2. Sec. 105-96. Revocation or suspension. (a) Every license or permit issued under this article is subject to the right, which is hereby expressly reserved, to suspend or revoke the same should the license holder or their agents, employees, representatives or lessees directly or indirectly operate or maintain rental dwellings contrary to the provisions of this article or any other City Code provision, or any permit issued by the city or the laws of the State of Minnesota. (b) The license may be suspended or revoked by the city council after a written notice is sent to the license holder specifying the ordinance or law violations with which they are charged. This notice shall also specify the date for hearing before the city council, which shall not be less than ten days from the date of the notice. (c) At such hearing before the city council, the license holder or their attorneys may submit and present witnesses on their behalf. (d) After a hearing the city council may suspend or revoke the license if they deem it necessary to protect the public health, safety or general welfare. Sec. 105-97. Summary action. (a) When the condition of the 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. (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. Sec. 105-98. Applicable laws. Licenses shall be subject to all of the ordinances of the city and the State of Minnesota relating to rental dwellings; and this article shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. Sec. 105-99. Multiple suspensions. If the license of more than one dwelling 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 section 105-96. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect from and after its passage. ADOPTED this ______ day of ____________, 2008, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: ____________________________ Peter Lindstrom, Mayor ATTEST: ___________________________________ Justin Miller, City Administrator/Cler WKSP 1 6/25/08 TO: Mayor Lindstrom, Council members Harris, Kuettel, Long, and Mercer-Taylor FROM: Justin Miller, City Administrator Re: Larpenteur Avenue Streetscape Kick-Off Explanation: Now that the contract with SRF Consulting Group has been approved, they would like to meet with the city council for a Larpenteur Avenue streetscape kick-off meeting. The key project leaders, Mike McGarvey and Barry Warner, will be on-hand to present their estimated timeline and approach to the project. They will also be looking for guidance from the city council on overall design goals and public participation processes. One of their recommendations is to convene a streetscape committee. Our initial thoughts are to structure it similarly to the comprehensive plan steering committee, where we get one representative from each of our city commissions, a few stakeholders along Larpenteur, and then a couple members from the general public. The commitment would be very minimal, two or three meetings which will be completed by the end of the year. This group would be a sounding board for the community and city council and would review any plans and drawings that are prepared. Please come prepared with your ideas about how we can beautify and distinguish the important corridor through our city.