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HomeMy WebLinkAbout07/02/2007 Council PacketREVISED WORK SESSION AGENDA CITY OF LINO LAKES Monday July 2, 2007 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Anderson Builders Update 2. Citizens Task Force Report 3. Lino Lakes Ambassadors Program Report and Request 4. Employee Compensation System, Ann Antonsen, Springsted 5. 2007 -2008 Council Goals 6. 2008 Budget Process and Schedule 7. Crime -Free Multi - Housing Code 8. Water Emergency and Conservation Plan 9. Emergency Management 10. VLAWMO Budget /JPA Update Regular Meeting Agenda Adjourn 07/02/2007 Blue Heron Days PO Box 335 Circle Pines, MN 55014 RE: Blue Heron Days Proposal -p i s-1 ( -71z 2.„ On behalf of the Blue Heron Days Committee, I am pleased to submit this request for the city's review. As a committee, we look forward to the city's partnership in our cooperative efforts to bring our community together by holding the annual Blue Heron Days. We appreciate that the city has agreed to waive fees for blue heron day committee sponsored events, provide police assistance, $500 for maintenance of the parade float, and a link on your website to the Blue Heron Days' website. We are requesting that the city consider a cash donation of $6,000 in the 2008 budget to Blue Heron Days to support the ambassador program. Please see attachment A. We are striving to make this year's Blue Heron Days a success, but in order to accomplish our goal; we need the city's support. In the past years, the Blue Heron Days Committee has successfully produced an event that the community has enjoyed to be involved with. We would like to continue that success this year. It is important for our community to come together to build relationships which creates a stronger community. We thank the city for their involvement and future contributions. We envision building upon our collaborative effort by developing a successful Blue Heron Days event. 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Miss Lino Lakes Ambassador Program 4218 155th Ave. NE Ham Lake, MN 55304 July 2, 2007 Lino Lakes City Council 600 Town Center Parkway Lino Lakes, MN 55014 Dear City Council, The purpose of this letter is to kindly request the use of an official city vehicle when representing the city and Blue Heron Days at local parades when hauling the city float. As you can see by the attached pictures, several community floats use official city vehicles to haul the float, mostly driven by city employees or city volunteers: • Blaine's Blazin Fourth • Vadnais Heights Heritage Days • Robbinsdale Whiz Bang Days • Oakdale Summferfest • New Brighton Stockyard Days Not only does the city vehicle go well with the float (the Blue Heron Logo), it also shows the good relationship between the City and festival. Please take this letter into consideration when making future decisions regarding Blue Heron Days. Sinc rely, g'47 Lynn Bergman, Director Miss Lino Lakes Ambassador Program W BRIGHIM WS — Item 1 WORK SESSION STAFF REPORT Work Session Item 1 Date: Council Work Session, July 2, 2007 To: City Council From: Mary Divine Re: Purchase Agreement — Anderson Builders Background The City of Lino Lakes owns three acres of vacant property zoned General Business on Lake Drive, just north of 77th Street. In January 2007 the city entered into an agreement with Anderson Builders to allow them a period of time to investigate the development potential of the site. Anderson Builders has submitted a concept plan for development of the three acres. It includes a medical clinic and specialty medical services building with professional office space, and a multi - tenant retail center totaling approximately 27,000 sq. ft., for an estimated market value of $2.5 million. At a previous work session, it was discussed that future realignment of 77th Street will require acquisition by the developer of two residential properties to the south of the existing street. A feasibility report must also be completed to establish actual costs for the realignment and to determine whether any portion of the project can be assessed to benefiting properties. In order to facilitate timely development of Phase I, it was concluded that the sale of the city property and future development/realignment would best be handled through two separate agreements. The council will first consider a purchase agreement for the city parcels at a price of $6.35 per square foot exclusive of an existing pond area for Lake Drive. The agreement restricts certain undesirable uses. Taking into consideration local market conditions and restrictions of use on the property, a second appraisal was completed in June 2007. This appraisal placed the property value, based on recent comparable sales, at slightly over $6 per square foot. Based on this appraisal, the city's TIF attorney advised that this sale is at fair market value and is not considered a subsidy. 1 The developers have indicated their interest in continuing to work toward future phases of redevelopment of the commercial area. They have reached agreements for acquisition of the two properties required for the realignment. A separate preliminary development agreement with the city for future phases has been drafted which outlines actions to be taken by the city and the developer, including the completion of the feasibility study of the realignment project, submission of a concept site plan, completion of a purchase agreement for the right -of -way needed for realignment of 77th Street (not to exceed $12 per square foot), vacating the existing 77th Street right -of -way, and completion of an Assessment Agreement establishing the amount, terms and conditions of the assessment to be levied. It is anticipated these activities could occur before the end of 2007. Council's consideration of this development proposal should be based on consideration of the strength of the opportunity and whether this private development meets economic development and redevelopment objectives. Several factors are to be considered: • Tax benefits of increased market value • Leveraging additional private investment in the surrounding area • Motivated and qualified developer • Opportunities for realignment of 77th Street • Opportunities to redevelop residential within the business district to commercial properties. Requested Council Direction These items are scheduled for the July 9, 2007 council agenda. Council is requested to provide any additional direction to staff regarding the proposal. Attachment(s) 1. Parcel Map 2. Memo from Anderson Builders re Development Objectives 3. Concept Plan 2 pt ANDERSON BUILDERS MEMORANDUM DATE: June 26, 2007 T0: Mike Grochala & Mary Alice Divine, City of Lino Lakes FROM: Dave Anderson, Anderson Builders SUBJECT: Development Objectives - Properties west of Lake Drive and south of the future 77th Street realignment At its study session on June 4th, 2007, the City Council asked for additional information concerning the potential of future redevelopment along Lake Drive south of the future 77th Street right -of -way alignment. The purpose of this outline is to provide a framework and set of development objectives that may be applied as future redevelopment proposals for the area are considered. The area in question can be characterized as a redevelopment area, where the current uses (residential and business) are functional, yet, are potentially well situated for higher and better uses. In this regard, the potential for redevelopment depends greatly on the motivations of the private owners, developer and the municipality. The cost of property acquisition, demolition costs and infrastructure typically far exceeds the cost of vacant land development, which is why redevelopment projects typically requires financial support from the local municipality (as a means to stimulate economic growth, job creation and community enhancement). The importance of these financial considerations and commitments must be acknowledged before formally declaring, or committing to, a redevelopment project. Site Overview Presently, this area is comprised of several privately owned residential properties served by septic and well systems. At least one of the homes is occupied by the owner as a residential dwelling, with the others either investment rental or business properties. The total area of the combined properties is approximately 3.5 - 4 acres (not including land owned by Community National Bank between the site and Apollo Drive). Site Development Objectives and Opportunities Below, we have framed some of the key development objectives and opportunities that we believe exist in this area, should the city desire future consideration of a redevelopment proposal. These objectives and opportunities are not all inclusive and may evolve as this general commercial area evolves. Based on current conditions and our knowledge of the area, we would suggest the following development objectives be considered (which correspond with the attached illustration): 1. Lake Drive access control The residential and commercial properties in question each presently have single use drive access on Lake Drive, as traffic flows and infrastructure upgrades (i.e. Lake Drive /35W bridge) increase capacity and volumes in the area, these multiple access points will become problematic to efficient and safe movement of vehicular traffic in the area. Creating a limited number of ingress and egress points (or joint access) serving the sites would substantially reduce direct access on Lake Drive, and utilize Apollo Drive and the realigned 77th Street as primary access points serving the site. 2. Higher density site design and cohesive development As commercial land becomes scarce and the City endeavors to promote more efficient land use patterns, it is wise to consider a higher density target and cohesive site plan for this site. Single lot redevelopment in this area would produce a series of small, single -use buildings that would create inherent conflicts with adjacent parcels and design. Setting a benchmark for building site coverage of 25 -30 %, shared parking and facilities (Le. storm water retention) and relational cohesiveness of buildings (architecture, massing, layout) would reinforce sound planning and place making. 3. Setting the stage for future development and redevelopment The continued commercial development of Lake Drive, realignment of 77th street and potential redevelopment will be a catalyst for other major improvements to Lake Drive and the surrounding area. Future planning would include (a) provisions for a "north-south" link between Apollo Drive and 77th Street west of Lake Drive; (b) future development opportunities for areas west of Lake Drive between Apollo Drive and 77th Street; (c) other small scale reinvestment and infill opportunities along the Lake Drive corridor. 4. Quality design, architecture and mix of desirable uses To the extent that a City is interested in working with a single private developer to execute a comprehensive redevelopment proposal, the city can exercise greater control of the specific project and the process than through the traditional land use and zoning controls. Redevelopment is a `process" that most often involves a partnership between the developer and municipality. Due to the great number of issues that must be worked through and resolved to achieve desire outcomes, defining the development objectives and aligning expectations early on will create a win -win opportunity for all parties (landowners, developers, city) that must participate to bring a vision to reality. Anderson Development is interested in the potential for redevelopment of this area and will continue its dialogue with the City of Lino Lakes on its ideas and study of the potential and feasibility of future projects on Lake Drive. Attachment: Conceptual Illustration JANUARY 10, 2007 PINECREST AT 77th Realigned Street Shared 1 Ponding P4.P A cLes6 i Phase 1 ,c,4-ctsF Clinic/Retail 7' ,/ Ferat). Yoc.,, .pg Future Development , Mixed Use Shat ed / Parking .4,11 a * 1 ■■■ TIAIde 44. /111P4 SlTE t.k.; Access Right trr/Right Out 446, --- / 1 .4„Tie;c8F' Shared Parking Phase 2 Restaurant 9 Access Quality Design Architectural Theme Cohesive Development pig ANDERSON BUILDERS Mohagen Hansen Architectural Group I- 1 NC 1.745% r‘A X B ASE 1::eVeLzFAA SKI* ,‘IrAmiNtafr VreveLoPrvec-r ceisecrrtve rir 24( WS — Item 2 WORK SESSION STAFF REPORT Work Session Item 2 Date: Council Work Session, July 2, 2007 To: City Council From: Gordon Heitke Re: Citizen's Task Force to Review Charter Provisions Pertaining to Local Improvements Report Background On February 12, 2007, the Lino Lakes City Council established a citizen's task force for the purpose of studying the city charter provisions related to road reconstruction improvements and report back to the City Council and the Lino Lakes Charter Commission. The formation of the citizen's task force was prompted by public opinion expressed through the recent community -wide survey and a community visioning process. The 2030 Vision Plan recommended that a citizen -led task force be organized to identify options for a change to the charter. The City Council established a task force comprised of interested citizens from the randomly selected 2030 visioning group membership. The Citizen's Task Force to Review Charter Provisions Pertaining to Local Improvements has conducted study sessions, joint meetings and a public forum to gather information used in the preparation of this report. The Task Force will be initially presenting their report to the City Council at the July 2, 2007 work session and will provide a formal presentation at the July 9, 2007 regular council meeting. Requested Council Direction Staff is not seeking any council direction. Attachment It is anticipated that the Task Force will have the report completed for distribution with the Weekly Report. 1 June 29, 2007 City Council, Charter Commission and Citizens of Lino Lakes Lino Lakes City Hall 600 Town Center Parkway Lino Lakes, MN 55014 Dear Members of the City Council, Charter Commission and Citizens of Lino Lakes, Last February the City Council gave the Citizen's Task Force to Review Charter Provisions Pertaining to Local Improvements the task of studying the City Charter's impact on the Council's ability to manage streets and consider the need for an amendment. Attached you will find a detailed report of our review and a recommendation. We appreciate the opportunity to serve the City of Lino Lakes in this manner. Sincerely, tip. ecti cer Kathi Gallup Chairperson, Citizen's Task Force Julie Bartell To: HawkLawl @aol.com Cc: Gordon Heitke Subject: IMPORTANT - Charter Amendment Importance: High Attachments: Final Report scanned.pdf; Chapter 8, version 2.doc At their work session on July 2, the city council received the final report of the Citizen's Task Force to Review Charter Provisions Pertaining to Local Improvements (attached). Included in that report is a recommendation to amend Chapter 8 of the Lino Lakes City Charter. The Council requested that the proposed amendment be put into ordinance form and added to the council meeting agenda for July 9. I have prepared the attached amendment for your review. There are outstanding questions, however, on which we also need your advice. 1) The proposed new language for Chapter 8 (page 10 of the report) amounts to two sections (8.01 and 8.02) however it seems to replace all of Chapter 8 (currently made up of 8.01 through 8.07). Considering the intent, would it be appropriate to keep any of the current Chapter 8 language, such as Section 8.07? For your information, the proposed language in the report was prepared with assistance from Steve Bubul of Kennedy & Graven. 2) You have previously advised that this ordinance could receive it's first reading before the council, be referred to the charter commission for their 60 day review and receive its second reading for amendment and passage after it's returned from the charter commission. A council member questioned this process at the work session so you may need to respond on the matter on Monday at the council meeting. 3) Does this amendment require a public hearing? If so, could it be held with first or second reading? Obviously it would be too late to do a hearing for Monday. I've got information going out tomorrrow (Fri) on this matter so I need a response quickly. Thanks....... Final Report Chapter 8, version >canned.pdf (5 MB.. 2.doc (40 K... Julie Bartell City Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 651- 982 -2406 651- 982 -2499 fax julie.bartell@cilino-lakes.mn.us 1 1St Reading: Publication: 2nd Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 07 -07 AN ORDINANCE AMENDING CHAPTER 8 OF THE LINO LAKES CITY CHARTER, REGARDING PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS The City Council of the City of Lino Lakes does ordain: Section 1. That Chapter 8, Section 8.01, 8.02, 8.03, 8.04, 8.05 and 8.06 of the Lino Lakes City Charter be and are hereby repealed: Section 2. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto a new Section 8.01 to read as follows: Section 8.01. Local Improvements Defined; Charter Provisions Effective. Subdivision 1. For the purposes of this Chapter, the term "local improvements" means any public improvements financed in whole or in part from special assessments. Subdivision 2. For the purposes of any objection or petition under this Chapter, (a) each parcel is considered to have one owner, and only one person or entity may sign an objection or petition on behalf of any additional owners of that parcel; and (b) if the same person or entity owns more than one parcel affected by a local improvement, that person or entity may sign an objection or petition only once; and (c) for the purpose of identifying recipients of any notice under this Chapter, owners are determined in accordance with Minnesota Statutes, Section 429.031, subdivision 1. Subdivision 3. The City may undertake any local improvements not forbidden by law and levy special assessments to pay all or any part of the cost of such local improvements. The principal amount of special assessments for any local improvements shall not exceed the cost of the improvement, including all design, financing and related costs, and shall not exceed the benefit to the property determined in accordance with state law. Subdivision 4. Local improvements shall be carried out exclusively under the provisions of this Charter, except to the extent otherwise provided in Section 8.02. Section 3. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto a new Section 8.02 to read as follows: Section 8.02. Local Improvement Procedure. Subdivision 1. Local improvements shall be carried out in accordance with state law, except as provided in this Section. Subdivision 2. If more than 50 percent of the owners of the real property abutting on the streets named in the mailed notice of the improvement hearing under Minnesota Statutes, Section 429.031, subdivision 1 sign written objections regarding the local improvements, and file such objections with the city clerk prior to the improvement hearing or present such objections to the presiding officer at the hearing, then after the hearing the council shall schedule a special meeting to be held at least 45 days after the date of the hearing. At least 10 days prior to the date of the special meeting, the city shall publish notice of the special meeting and mail notice of the special meeting to all owners who received the initial notice under Section 429.031, subdivision 1. Such published and mailed notice shall include all the information provided in the initial mailed notice, along with a statement as to the number and percentage of affected owners who filed objections at or before the hearing. At the special meeting, the council shall hear additional testimony on behalf of any objecting property owners, and may consider further written or oral testimony from appropriate city officials and other witnesses, as to the nature of the local improvements, the advisability of proceeding with such local improvements, the proposed financing for such local improvements, any proposed amendments to the plans or financing for such local improvements, and the methodology used to calculate individual special assessments for such local improvements. Subdivision 3. A resolution ordering the local improvements (as such improvements may have been amended in response to the hearing or special meeting under Section 8.02, Subdivision 2) may be adopted at any time within six months after the date of the special meeting by vote of a majority of all members of the council when the local improvement has been petitioned for by not less than 35 percent of the owners of the real property abutting on the streets named in the petition as the location of the local improvement; and when there has been no such petition, the resolution may be adopted only by vote of four -fifths of all members of the council. The effective date of a resolution ordering the local improvement must be at least 30 days after adoption. Within five days after adoption of the resolution, a summary of the resolution must be mailed to the affected owners. If more than 50 percent of the affected owners sign written objections regarding the resolution, and file such objections with the city clerk prior to the effective date of the resolution, the resolution does not become effective and the local improvement is not ordered. Any objections filed under Section 8.02, Subdivision 2 will not constitute objections under this Subdivision 3. Subdivision 4. If timely objections are not filed by the required number of property owners under Subdivision 2 of this Section, Subdivisions 2 and 3 of this Section do not apply to the subject local improvements, and all subsequent procedures for approval of and levying of special assessments for those local improvements shall be in accordance with state law, except as otherwise provided in this subdivision. Notwithstanding anything to the contrary in Minnesota Statutes, Section 429.031, subdivision 1, clause (f), a resolution ordering the local improvement may be adopted at any time within six months after the date of the hearing by vote of a majority of all members of the council when the local improvement has been petitioned for by not less than 35 percent of the owners of the real property abutting on the streets named in the petition as the location of the local improvement; and when there has been no such petition, the resolution may be adopted only by vote of four -fifths of all members of the council. Section 3. That Chapter 8 of the Lino Lakes City Charter be amended by renumbering Section 8.07 to Section 8.03. John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2007. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. The City of Lino Lakes Report of the Citizen's Task Force to Review Charter Provisions Pertaining to Public Improvements July 2007 Lino Lakes, Minnesota Contents Background 1 Task Force Process ..1 Report .3 Recommendation .....9 Observations .12 Appendix A: Resolution Appendix B: Pavement Management Report Financing Plan Appendix C: Pavement Management Policies Appendix D: Projected Tax Impacts Appendix E: League of MN Cities Letter Appendix F: Risk Management Memo Background In a 2006 Quality of Life Survey, 60% of respondents favored changing the Lino Lakes City Charter so that the City Council can plan and fund the reconstruction of streets in a responsible manner. The sentiment was echoed throughout the 2030 visioning process (September 2006 - February 2007) in a public forum and in visioning issue team discussions, resulting in a 2030 Vision Plan recommendation to change the charter. The 2030 Plan also stated that a citizen's group should initiate the effort. Citizen's Task Force Created by City Council In February 2007 the Lino Lakes City Council adopted Resolution No. 07 -30 (see Appendix A) appointing the 2030 Visioning Committee to form a task force from its members. The 2030 group was made up of citizens randomly selected from the community. Seven interested members of the Visioning Committee formed the Citizen's Task Force, which was charged with studying the charter's impact on the Council's ability to manage streets and consider the need for an amendment. Over the past four months, the task force met 14 times. Detailed information on the Task Force is available at www.ci.lino - lakes.mn.us. Task Force Process The Citizen's Task Force to Review Charter Provisions Pertaining to Local Improvements began meeting in March with a series of presentations that provided background information on the City's Pavement Management Plan, financing recommendations to fund projects in the plan, a comparison of statutory and charter cities, and the process for assessing the costs of public improvements under state statutes and under Lino Lakes' charter. In an effort to hear from all stakeholders in this issue, joint meetings were held with members of the Charter Commission, City administrators, and members of the City Council. Public comment was taken at a public forum and through the city's website. The Issue and Its Significance At issue are the city's authority and apparent inability to reconstruct its streets —a vital public improvement and infrastructure asset —in the most responsible, timely and cost - effective manner. Lino Lakes has 84 miles of paved roads valued at $90 million —a significant asset that is in the city's best interest to preserve in order to provide for the safe and efficient travel of its citizens, retain property values, keep the city attractive and desirable, and minimize costs to property owners and taxpayers. In its Pavement Management Plan, the city has outlined a schedule for the reconstruction of roads rated "problem" (see Figure 1) and a financing plan that would pay for the reconstruction at the lowest cost overall (see Appendix B), yet the city has not been able to fully execute the plan because of provisions in Section 8 of the Charter. Current charter provisions for referendum force a citywide election for each localized street reconstruction project rather than having issues be resolved by affected property owners and the City Council. Referendums failed in 2003 and 2005. 1 Figure 1. Pavement Management Recommendations PROPOSED FUNDING (5% INFLATION) Plan Year Reconstruction 2005(1) $0 2006 (2) $0 2007 (3) 51.435,000 2008 (4) 52,750,000 2009 (5) 53,035,000 2010 (6) $3,485.000 2011 (7) 51,577.500 2012 (8) $1.655,000 2013 (9) $1 737,500 2014 (10) 51,825,000 Maintenanc 10 -YR PAVEMENT ANALYSIS SCENARIOS PROJECTED 10 -YEAR RC/AD CONDITIONS Sealcoat OCI 0 - 40 001 40 0 1 . 70 OCI 70.01 - 100 Nn FUNDS 28% 32% 40% CURRENT 24 %. 17% 5644 PROPOSED 6% 14% el % PRESEN CONDITIONS 13% 24% 63% Plan Year Overlay Sealcoat total 2005(1) 5140.000 590,000 5230,000 2006(2) 5190.000 5157,500 5347,500 2007 (3) $200.000 5165,000 5365,000 2008 (4) $210.000 5175,000 $385,000 2009 (5) $220.000 5182,500 5402,500 2010(6) $230,000 5192.500 5422,500 2011 (7) 5242.500 5202,500 5445,000 2012 (8) $255,000 5212,500 5467,500 2013 (9) 5267,500 5222,500 $490,000 2014 00) _ 5280,000 5235,000 355,000 OCI 0 -40 Problem- Reconstruction OCI 40.01-70 Marginal - Overlay OCI 70.1-100 Adequate - Sealcoat Figure 2. 10 -Year Cost Comparison (Money Spent to Reconstruct Roads in Need) Proposed Pavement Management Plan 2 Current Practke 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Why This Issue Needs to be Resolved This issue needs to be resolved because of: 1. Financial reasons o Increased costs to the city and taxpayers o Problem continues to compound because streets continue to deteriorate because of lack of reconstruction o Wasted feasibility studies 2. Safety and liability concerns 3. Public support for changing the charter 1. Financial Reasons Increased Costs to the City and Taxpayers As a result of the failed referendums, the projected timely reconstruction of streets hasn't begun, forsaking a potential savings of $11 million (see Figure 2). This backlog of reconstruction projects cannot be ignored. Inflation drives up the cost of reconstruction every year due to higher costs for labor and construction materials. An example of the cost of deferring reconstruction is West Shadow Lake Drive. According to the city's Pavement Management Report, "The estimated cost of reconstruction in 2005 was $2,375,700. It is estimated the 2008 costs would be $2,750,000 due to increases in construction costs." (Source: Pavement Management Report, 2004, Page 12) Problem Continues to Compound Roads have a life span. Even with proper maintenance, they eventually wear out and need to be rebuilt. In Lino Lakes, 11 miles of roads are at that critical stage. The city's Pavement Management Report shows that streets will continue to deteriorate. As a result, the number of miles requiring reconstruction will increase. If streets already identified as needing reconstruction aren't completed and removed from the list, the number of projects and expenses will grow, compounding the problem. Over time, the financial burden could become so great that the city would never be able to manage it. Citizens should be concerned that the city can't, with any predictability, complete reconstruction projects in a timely manner using the most cost - effective financing available. Wasted Feasibility Studies Every proposed reconstruction project requires a feasibility study. The cost of the study varies depending upon existing conditions, existing information and the size of the project. Studies are good for 5 -10 years though if voters turn down a project, it may need to be updated. The chart below shows the cost of studies and updates for upcoming projects. Project Cost of Initial Feasibility Study Cost to Update Shenandoah $30,000 $3,000 West Shadow Lake Drive $55,000 $4,500 Source: Lino Lakes City Engineer Affected property owners absorb feasibility costs if a project moves forward. If voted down, money required for the study is wasted. 3 2. Safety and Liability Concerns Streets that are in poor condition may be dangerous creating a public safety hazard that could result in costly litigation for the city. 3. Public Support for Changing the Charter In the 2006 Quality of Life Survey, residents favored a charter change to deal with road reconstruction by a margin of 60% to 20 %. Concerning street conditions, 72% rated the overall condition of city streets as excellent or good in 1996. Ten years later, the excellent or good rating dropped to 53 %. Pertinent information and data garnered from research and input from city staff, Council, experts, Charter Commission and the Community • Pavement Management Plan Lino Lakes now has a comprehensive plan for road maintenance and reconstruction. The Pavement Management Report (available at www.ci.lino- lakes.mn.us) documents the condition of each street and provides a 10 -year maintenance and reconstruction schedule. The Pavement Management Report, along with the city's pavement management policies (see Appendix C) and financing recommendations (see Appendix A) make up the city's Pavement Management Plan. The PMP shows that when roads are maintained and reconstructed at the right time, the city saves money in the long run. The city is funding maintenance (seal coat and overlay) through an annual property tax levy so that portion of the Pavement Management Plan is on target. The reconstruction portion (removal and replacement) is stalled because, under provisions of Section 8 the City Charter that force a citywide vote, the recommended financing formula is subject to referendum. Two referenda have been unsuccessful, compounding the problem and furthering Council's inability to follow the PMP. • Financing methods available for improvements The charter provision only requires referendum if special assessments are used to fund part of a road reconstruction project. There are other methods of financing available to the city but these methods are more costly and would increase dramatically the burden on taxpayers. This should be a concern to the taxpayer because if City Charter restrictions are not removed, more expensive financing methods may be the only option for the Council. Figure 3 on the following page illustrates alternative financing methods, including funding a public improvement through an annual property tax levy only. It would be one way to avoid a citywide election but it is a more expensive option. Note the sharp increase in property taxes; compared to the small, gradual increases in the financing alternative presented in the Pavement Management Plan. Also, an action by the Legislature to enact levy limits may reduce the Council's ability to use property tax levies as a financing mechanism. 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Figure 3. Comparison of Financing Alternatives City of Lino Lakes, Minnesota Comparison of Financing Alternative At 5% Growth In Tax Base 25.000% 20.000% 15.000 10.000% 5.000% - 0.000% - - -- 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 t Annual Property Tax Levy Only — Annual Tax Levy For G.O. Bonds For Reconstruction (no special assessments) — — Annual Tax Levy For G.O. Improvement Bonds For Reconstruction (inc. special assessments) —Ill—Annual Tax Levy For G.O. Improvement Bonds For Reconstruction and Storm Water Utility 17 Springsted Another option that would avoid a citywide vote would be to specially assess 100% of the cost of a reconstruction project against the property owners who benefit. That option presents two problems. It would be too expensive for property owners and the city would need to show that the value of the property increased by the amount of the assessment. That is difficult to do and may be subject to expensive litigation. The recommended financing plan as presented in the Lino Lakes Pavement Management Plan is the most cost - effective and tax - friendly financing method available. It takes into account Lino Lakes citizens' sensitivity to increased taxes by spreading costs evenly among all taxpayers, assigning specific costs to the property owners who would benefit the most, and minimizing the use of city property taxes. Figure 4 on the following page shows the projected annual tax increase that the PMP's financing plan would have on a $228,000 house. For tax impacts on additional home values, see Appendix D. 5 Figure 4. Projected Property Tax Impacts Projected Property Tax Impacts - $228,400 Residential Homestead Year Projected Tax Rate Impact (5 %Growth) Annual Impact Projected Tax Rate Impact (7.5% Growth) Annual Impact Projected Tax Rate Impact (10 %Growth) Annual Impact $ 34.93 2005 1.529% $ 34.93 1.529% $ 34.93 1.529% 2006 2.140% $ 48.87 2.090% $ 47.73 2.042% $ 46.65 2007 2.605% $ 59.49 2.485% $ 56.76 2.373% $ 54.21 2008 3.429% $ 78.31 3.195% $ 72.97 2.982% $ 68.11 2009 4.240% $ 96.83 3.859% $ 88.13 3.520% $ 80.39 2010 5.107% $ 116.63 4.540% 8 103.69 4.047% $ 92.43 2011 5.393% $ 123.18 4.683% $ 106.96 4.080% $ 93.18 2012 5.656% $ 129.19 4.797% $ 109.57 4.084% $ 93.28 2013 5.901% $ 134.78 4.889% $ 111.66 4.067% $ 92.90 2014 6.140% $ 140.23 4.968% $ 113.47 4.039% $ 92.26 • Unique Charter Of the 854 cities in Minnesota, 107 are charter cities. Only two have provisions that hobble a City Council's ability to reconstruct streets. According to analysis by the League of MN Cities, "...no other charter city in Minnesota has a charter provision requiring a referendum on special assessments." Ed Cadman, Research Attorney, League of MN Cities Comparing Lino Lakes' charter (Section 8.04, subdivision 2) with corresponding special assessment and local improvement provisions of other charter cities, Mr. Cadman adds, "I have found no other city which has a similar mandatory referendum in its charter. The closest charter to Lino Lakes in this respect is found in Mounds View..." Mounds View's charter does not require a referendum but it is similar to Lino Lakes' charter regarding petitions (see Appendix E). 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • Charter Commission In a joint meeting between the Charter Commission and the Citizen's Task Force, Commissioners expressed strong support for the charter and its provisions, which can force a citywide referendum on a specific reconstruction project. They further said the charter's intention when adopted was to improve citizen representation at a time when Lino Lakes was developing quickly. They said citizens were frustrated by unreasonable and unwanted assessments and lacked confidence in the city's leadership. Provisions in Section 8 were meant to guarantee that citizens would have a voice in public improvement projects. In a communication dated June 22, 2007, the Charter Commission made its position clear that it is opposed to any changes pertaining to referenda inhibiting the Council's ability to reconstruct streets. In our opinion, these historical perspectives voiced by the Charter Commission no longer reflect current reality in the City of Lino Lakes. • Public Comment Most of the comments from the public at the May 15 public forum came from property owners living along West Shadow Lake Drive. Most spoke in favor of amending Section 8 of the Charter. They cited safety and environmental issues that can't get resolved. Several also expressed frustration that public improvements that a neighborhood needs and wants can't get past citywide voters. A strong statement of support for a charter change came from Vern Reinert, former mayor and one of the original drafters of the Lino Lakes City Charter who said times have changed and the charter needs to be revised. This is another portion of his statement from the May 15 public forum: "Back then Lino Lakes was "way out" of the cities. There was no or little tax base. There was no planning (very little) in place. In the state we were about #1 in tax rate. Lino Lakes didn't have staff or the experts that we have today. There was basically no zoning. Things were really done "shooting from the hip ". This concerned the residents. The sewer and water back 32 years ago was only in the SW corner. At that time there was a plan was to run it up Lake Drive with no means to pay for it. There was no tax base. This concern is what led to the creation of the charter. A plan had to be put in place for the future. There was no intent to jeopardize the ability of a city council to run and manage a city. It was put in place to protect and manage development. It was not meant to halt development. Now the council and the commission are too far apart. They need to come back together and that is the responsibility of both parties. The charter needs to be tweaked and looked at based on how the city is today and not how it was at the time the charter was created." Vern Reinert, Former mayor 7 • Citizen Surveys Based upon a professionally- conducted and statistically- valued Quality of Life Survey: 1. Nearly 50% of residents have concerns about the overall condition of the city streets 2. 66% express awareness of current Charter provisions 3. 60% strongly favor or favor changes to the Charter (2030 Visioning Plan, Appendix C, p. 7) Moreover, the city has become more sophisticated in its planning process and public confidence is expressed in its City Council and administration by the following: 1. 72% feel city moving in right direction 2. Mayor and council overall job rating approval is 59% with 21% expressing disapproval 3. City employees received overall a 63% job rating approval with only 16% expressing fair to poor performance (2030 Visioning Plan, Appendix C, p.4) As former Mayor Reinert said, conditions have changed. Citizens believe the city is moving in the right direction by a ratio of three -to -one and have high ratings for the performance of the mayor, council and city employees. The alleged lack of confidence in city leadership and administration no longer prevails. • Safety & Liability Because of the poor condition of some of Lino Lakes' streets, the city has sought advice on what steps it should take to warn of dangerous streets in order to protect itself from expensive litigation.. Step #1 is to have a Pavement Management Program, which the city has. It may also need to consider warning signs. Also, a risk management attorney with the League of Minnesota Cities Insurance Trust advised that, if the charter is not amended, that the city keep referenda on the ballot to demonstrate the Council's commitment to road reconstruction. (See Appendix F or G). Options Available to Community, City Council and Charter Commission 1. Do nothing 2. Finance through methods other than special assessment 3. Amend the charter 8 Objective Criteria Used to Evaluate Each Option The Citizen's Task Force evaluated options in terms of the degree to which they resolve the issue in a responsible manner, giving the city the ability to allow reasonable public input into the reconstruction process while at the same time allowing the City Council to exercise its fiduciary and stewardship duties to preserve the public's investment in infrastructure so that it is safe and well- managed. 1. Do nothing is not an option. The status quo does not deal with the problem. The city has adopted policies that provide for the management of the city's infrastructure in the most responsible and cost - effective manner possible, yet it is unable to fully implement its policies because of provisions in Section 8 that force local improvement projects to a citywide vote. As a result, streets in poor condition remain in poor condition threatening: o Safe and efficient travel o Property values o The City's attractiveness and desirability In addition, the city is unable to access widely used funding resources, which impacts the City's ability to minimize costs to property owners and taxpayers. 2. Financing through other methods, while available to the Council, is not fiscally prudent. 3. The Citizen's Task Force supports amending the charter. The current requirement for a citywide vote on each specific localized reconstruction project only frustrates the ability of the Council and property owners to work out their differences. Recommendation of Citizen's Task Force It is the conclusion of the Citizen's Task Force that provisions of Section 8 of the Lino Lakes City Charter do limit the City Council's authority and ability to reconstruct roads in the most responsible, timely and cost - effective manner. Wording of Section 8 must be changed to allow the city to move forward with its Pavement Management Plan and its recommended financing formula. Also, any process pertaining to reconstruction or public improvements should allow opportunities for reasonable public input and a constructive dialogue between affected property owners and City Council /City administration. We recommend that Section 8 be amended to remove the citywide referenda. Instead, we offer an alternative that would still give citizens —those directly affected by the project — the final say as to whether or not an improvement project is allowed. We propose the opportunity for a neighborhood veto. Property owners directly affected by the project rather than voters across the city would be able to turn down a project. We do not feel that this recommendation takes away the voice of Lino Lakes' citizens. In fact, we believe it will protect and even strengthen the voice of citizens directly affected 9 by an improvement project, while at the same time giving the City Council a chance to do what it needs to do be a responsible steward of our city's assets. It is the recommendation of the Citizen's Task Force that the provisions of Chapter 8 be amended to read: ALTERNATIVE CHARTER LANGUAGE Section 8.01. Local Improvements Defined; Charter Provisions Effective. Subdivision 1. For the purposes of this Chapter, the term "local improvements" means any public improvements financed in whole or in part from special assessments. Subdivision 2. For the purposes of any objection or petition under this Chapter, (a) each parcel is considered to have one owner, and only one person or entity may sign an objection or petition on behalf of any additional owners of that parcel; and (b) if the same person or entity owns more than one parcel affected by a local improvement, that person or entity may sign an objection or petition only once; and (c) for the purpose of identifying recipients of any notice under this Chapter, owners are determined in accordance with Minnesota Statutes, Section 429.031, subdivision 1. Subdivision 3. The City may undertake any local improvements not forbidden by law and levy special assessments to pay all or any part of the cost of such local improvements. The principal amount of special assessments for any local improvements shall not exceed the cost of the improvement, including all design, financing and related costs, and shall not exceed the benefit to the property determined in accordance with state law. Subdivision 4. Local improvements shall be carried out exclusively under the provisions of this Charter, except to the extent otherwise provided in Section 8.02. Section 8.02. Local Improvement Procedure. Subdivision 1. Local improvements shall be carried out in accordance with state law, except as provided in this Section. Subdivision 2. If more than 50 percent of the owners of the real property abutting on the streets named in the mailed notice of the improvement hearing under Minnesota Statutes, Section 429.031, subdivision 1 sign written objections regarding the local improvements, and file such objections with the city clerk prior to the improvement hearing or present such objections to the presiding officer at the hearing, then after the hearing the council shall schedule a special meeting to be held at least 45 days after the date of the hearing. At least 10 days prior to the date of the special meeting, the city shall publish notice of the special meeting and mail notice of the special meeting to all owners 10 who received the initial notice under Section 429.031, subdivision 1. Such published and mailed notice shall include all the information provided in the initial mailed notice, along with a statement as to the number and percentage of affected owners who filed objections at or before the hearing. At the special meeting, the council shall hear additional testimony on behalf of any objecting property owners, and may consider further written or oral testimony from appropriate city officials and other witnesses, as to the nature of the local improvements, the advisability of proceeding with such local improvements, the proposed financing for such local improvements, any proposed amendments to the plans or financing for such local improvements, and the methodology used to calculate individual special assessments for such local improvements. Subdivision 3. A resolution ordering the local improvements (as such improvements may have been amended in response to the hearing or special meeting under Section 8.02, Subdivision 2) may be adopted at any time within six months after the date of the special meeting by vote of a majority of all members of the council when the local improvement has been petitioned for by not less than 35 percent of the owners of the real property abutting on the streets named in the petition as the location of the local improvement; and when there has been no such petition, the resolution may be adopted only by vote of four -fifths of all members of the council. The effective date of a resolution ordering the local improvement must be at least 30 days after adoption. Within five days after adoption of the resolution, a summary of the resolution must be mailed to the affected owners. If more than 50 percent of the affected owners sign written objections regarding the resolution, and file such objections with the city clerk prior to the effective date of the resolution, the resolution does not become effective and the local improvement is not ordered. Any objections filed under Section 8.02, Subdivision 2 will not constitute objections under this Subdivision 3. Subdivision 4. If timely objections are not filed by the required number of property owners under Subdivision 2 of this Section, Subdivisions 2 and 3 of this Section do not apply to the subject local improvements, and all subsequent procedures for approval of and levying of special assessments for those local improvements shall be in accordance with state law, except as otherwise provided in this subdivision. Notwithstanding anything to the contrary in Minnesota Statues, Section 429.031, subdivision 1, clause (f), a resolution ordering the local improvement may be adopted at any time within six months after the date of the hearing by vote of a majority of all members of the council when the local improvement has been petitioned for by not less than 35 percent of the owners of the real property abutting on the streets named in the petition as the location of the local improvement; and when there has been no such petition, the resolution may be adopted only by vote of four -fifths of all members of the council. Crash Course In simpler terms: Either the City Council or citizens initiate an improvement project At the Council's discretion, a feasibility study is ordered 11 An improvement (public) hearing is scheduled; notice is mailed to affected property owners and published in newspaper If more than 50% of affected property owners file a written letter of objection either before or at the hearing, a special meeting is scheduled no sooner than 45 days later. At this special meeting, property owners and city staff sit down to take additional testimony, hear concerns, work out differences and revise project, if necessary. Previous objections become void. Council has up to six months to approve or decline project, which may be revised If approved, within 5 days, a summary of resolution is mailed to affected property owners Property owners have 30 days to file written objection (either letter or petition) If more than 50% of affected property owners object, they may veto the project. It does not go forward. If no objections or not enough objections, Council orders the project and process moves into the special assessment process Task Force Observations during the Conduct of its Activities • Communication and Education Good government requires an informed citizenry. It is recommended that the city expand its communications efforts with citizens when specific reconstruction and public improvement projects involving assessments are proposed. • Information As noted in an earlier survey and public comment received by the Task Force, an obstacle in gaining citizen approval of a City Charter change to deal with street reconstruction was information. An aggressive effort will be required to inform the citizenry of the issue. • Cooperation Opinions were expressed that there needs to be greater cooperative efforts among members of the Council, administration, Charter Commission and community when issues such as street reconstruction and public improvement are considered. • Waiting Period Rejection of a project does not absolve the city from dealing with it. It just postpones the inevitable. If rejected by the 50 percent provision in the recommended charter amendment, there should be policy defining when a road project can be brought up for review again. Our suggestion is 3 -5 years 12 to take advantage of a project's current feasibility study unless safety, environmental or legal issues are raised that would necessitate earlier consideration. Legislative and public policy could also affect the length of the waiting period. • Road Reconstruction Fund In the event that the recommended amendment is not approved, the City Council may have to address the need to establish a reserve fund dedicated to road reconstruction paid for by increasing property taxes. This is not the preferred alternative as it is not the most cost - effective approach however it might be necessary. Delaying a road reconstruction project is not a responsible option as the problem only compounds so the Council must exercise due diligence to avoid a crisis situation. Final Comments We appreciate the opportunity to review this issue and make comment. The overriding message —it's time for a change. The amendment we propose is in the best interest of the city. 13 APPENDIX A 1 Council Member introduced the following resolution and moved its adoption: ' CITY OF LINO LAKES ITEM 8G RESOLUTION NO. 07-30 RESOLUTION APPOINTING VISIONING COMMITTEE TO STUDY 1 CITY CHARTER Whereas, sixty percent of the respondents in the Lino Lakes quality of life survey 1 conducted in 2006 favored changing the city charter so that the City Council can plan for and fund (budget) street construction and maintenance in a responsible manner; and 1 Whereas, the Spotlight on 2030 Vision Plan identifies as a goal that the city ensure that local streets are maintained (or reconstructed to) an acceptable level and 1 recommends that a citizen's group or task force be formed to study the existing charter and consider the need for amendment to accomplish this goal; and Whereas, the 2030 Visioning group is representative of the general citizenry of Lino Lakes and has volunteered to form a citizen task force from its members; 1 NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby appoints the 2030 visioning group to form a task force through the selection of a group of its citizen members that will further study the issue of the city charter as it 1 relates to road reconstruction and report back to the City Council and the Lino Lakes Charter Commission by June 1, 2007. Passed by the Lino Lakes City Council this 12th day of February, 2007. 1 ATTEST: John J. Bergeson, Mayor 1 Julie Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council ' Member and upon vote being taken thereon, the following voted in favor thereof: 1 The following voted against same: Whereupon said resolution was declared duly passed and adopted. 1 1 APPENDIX B 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Public Sector Advisors Springsted ivement lanagement o Financing Plan Y F City of Lino Laken, Minnesot FinancingPian Highligirts Qrtrzens' Charter Review '! Task Force Presenter. ,v� , Ex.cutivi Vi�. Nick m > Ny Patric Sec, Rnvisars ƒadd $ r.. amp m� Pudic Seat,: Aavkars ___ 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 n MIBMZ 0 Fi 750 Recommended Financing Sources Reconstruction Portion of — General 'gal n v ! — Taxlncxementk ifunidpei State : s'hanng w lh Anolm` and Feierel Gran Puec:, ,tar El Sprint riding Sources 2005 -2014 Maintenance and Reconstruction taxes for necntenence Storm Water UtiFrty G.O. improvement Bonds: Principal repaid from •Special. Prindipal nepaid from prt e t Recominef ons Assumed the Foliovving Annuai roperiy c ieviesfor nae s lhePMR iseatcoaIng and nve aysj Theyep a attest betiegoi. pet6es %of he e .lmpiov! D 0FiD° n 4 1 �r . :....29b 39; �:' aee � -srl �'irit�nSac:®y ®a30PJ . .. .r�oe�ns�as PPbik Sryhr Acsuort 5prtngsted %ate aEe: ; mot. =_ 4 t�� Wri.723231=rofty NM= ouetr_ sscwr Adricers 5pringsted O.oti 4. E �,e 7 �itiepsd xar t..snerm —w PuUne Senn Advisees Springstatl _ e" "Lvfi'ssida. +gym o.: s t:;.:3;r.'e, <,' •baser:. .5, n. .'". 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MR, anplemented -Save .$11.000 ©DD overthe next lO years accordng ht TKDA 1f VastSna c7 Dne 9 700h k : - Improve the overallxonditi n ofsbeetsinthe.r -Redut gpeOli *ost:and'hm tt bility exposure • The 'fmsat).4g an oimnendedp ro rides widely used inweeN)edth.teitcligpracticcestoilmplemenfing PMR - tt rebta over re�ong, term oniy 'tf referendums are ' Puenc $soar wo.non Springsted 7 APPENDIX C 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PAVEMENT MANAGEMENT POLICIES TABLE OF CONTENTS L PURPOSE 1 II. ESTABLISHMENT OF RATING SYSTEM 1 III. PAVEMENT MANAGEMENT CATEGORIES 1 A. Street Reconstruction B. Street Maintenance IV. PROJECT SELECTION CRITERIA 2 V. FINANCING 2 VI. STORM WATER UTILITY 3 VII. ASSESSMENTS 3 VIII. MAKIMUM ASSESSMENT RAZE 5 IX. TERM OF ASSESSMENTS 5 X. INTEREST RATE ON ASSESSMENTS 6 XI. CORNER LOTS 6 XII. IRREGULARLY SHAPED LOTS 6 XIII. LOT WIDTH 6 XIV. COLLECTOR STREET CREDITS 6 XV. CAPITAL IMPROVEMENT PROGRAM 6 XVI. MAINTENANCE OF STREETS 6 XVII. MUNICIPAL UTILITIES 7 XVIII. CITY STANDARD STREET DESIGN 8 XIX. SENIOR CITIZEN/DISABILITY SPECIAL ASSESSMENT DEFERRALS 8 Pavement Management Policy 04/10/07 I. PURPOSE The Pavement Management Program (PMP) sets forth a system for the optimal maintenance of streets to extend their useful life and the reconstruction of streets, which have exceeded their useful life, and establishes a funding strategy to maximize available resources to carry the maintenance and reconstruction activities. The Pavement Management Program Policies will guide the timing and type of maintenance actions and reconstruction activities and the financing of activities. These policies will preserve the City's asset of streets, provide for the safe and efficient travel of its citizens, retain property values, keep the City attractive and desirable, and minimize costs to the property owners and taxpayers of the City. 1 1 1 1 1 1 II. ESTABLISHMENT OF RATING SYSTEM A. Background. 1 In 2004, the City and TKDA investigated and evaluated every block of City pavement to establish its condition based upon what defects each block contained. City records were investigated to obtain knowledge of how old each block is and what maintenance has occurred throughout its history. This information was then entered into a nationally accepted computer program that identifies and analyzes all defects in each block of road and records it together with all relevant information concerning that block to determine the capable condition of the street. B. Index. The program rates the streets by using an Overall Condition Index (OCI) having a 1 -100 scale with 100 being a perfect new street. It then projects the OCI of a segment and gives budget - dependent maintenance protocols for a given time period. It is the City's goal to maintain an overall OCI rating of 70. C. Rating Procedure. Each City street shall be rated every four years by the public works /engineering staff. This will be accomplished by reviewing 25% of the street mileage every year. III. PAVEMENT MANAGEMENT CA 1EGORIES The pavement management categories considered for City streets will be as follows: A. Street Reconstruction (OCI 0 -40, "Problem" category) Includes: Storm Sewer Grade Changes Subgrade Correction (Major/Minor) Install Concrete Curb and Gutter Pavement Management Policy 1 04/10/07 1 1 1 1 1 1 1 1 1 1 1 Recycle Existing Pavement Financing: Lot/Unit Assessment Commercial/Industrial = 50% of project cost up to maximum assessment rate Residential = 50% of project cost up to maximum assessment rate City contributes balance from General Fund, State Aid Funds, or other sources. B. Street Maintenance. 1. Overlay (OCI 40 -70, "Marginal" category) Includes: Crack Filling Milling Surface Patching Pothole Subgrade and Base Correction Repair or Replace Concrete Curb and Gutters 1 1/2 Inch Bituminous Surface Overlay Financing: City General Fund or other sources 2. Sealcoat (OCI 70 -100, "Adequate" category) Includes: Pothole Filling Crack Filling Sealcoat Financing: City General Fund or other sources IV. PROJECT SELECTION CRITERIA The OCI rating shall serve as the base criteria for project selection. In addition to the OCI, streets shall be evaluated according to Average Daily Traffic (ADT), Stormwater Management, Public Utilities and project priority groupings to achieve economies of scale. The City Engineer shall annually prepare a five year Street Maintenance & Reconstruction Plan based on these criteria for review and approval by the City Council. V. 7 FINANCING The components of the Pavement Management Program (PMP) will be financed as follows: A. Maintenance (Sealcoating and Overlays) — The City will levy a property tax each year to pay for annual maintenance costs as outlined in the PMP. Local Street Reconstruction — The City will use: Pavement Management Policy 2 05/09/05 1. yr General Obligation Street Reconstruction Bonds authorized under Minnesota Statutes Chapter 475 for reconstruction projects where the existing street width is adequate and/or where no additional improvements, such as curb and gutter, are needed. General Obligation Improvement Bonds authorized under Minnesota Statutes Chapter 429 for reconstruction projects where the existing street width is not adequate and/or where additional improvements, such as curb and gutter, are needed and at least 20% of the project cost is to be assessed. General Obligation Bonds authorized under Minnesota Statutes Chapter 475 for reconstruction projects where the existing street width is not adequate and/or where additional improvements, such as curb and gutter, are needed and less than 20% of the project cost will be assessed. Street reconstruction projects financed through these means will be funded from special assessments to benefited properties, proceeds from the storm water utility, and city tax levies and other sources. C. Municipal State Aid Streets. 1. MSA funds or bonds will be used to finance reconstruction of streets designated as part of the City's MSA system. 2. Properties benefiting from these projects will specially assessed according to the same formula used for benefited properties on local streets. 3. Other financing sources, including but not limited to, proceeds from the storm water utility and city tax levies may also be used. VI. STORM WATER UTILTY The City Council shall establish and maintain a storm water utility as authorized under Minnesota Statutes Chapter 444, for the purpose of financing those costs of the PMP related to storm water improvements, and for maintaining the storm water management system. VII. ASSESSMENTS A. The following is the general Street Reconstruction Policy for special assessments to benefiting property. 1. It is the policy of the City to special assess abutting benefiting property for street reconstruction costs, but not in excess of the special benefit to the Pavement Management Policy 3 05/09/05 property. This policy applies to all streets that are the responsibility of the City. 2. The maximum assessment rate for the reconstruction of previously paved streets shall be determined according to Section VIII of this policy. 3. Assessments shall not exceed any of the following: (a) (b) (c) the special benefit to the property being assessed; the total project cost. the maximum assessment rate. 4. Project cost includes both direct construction costs, including land acquisition, and all indirect costs such as engineering, legal, fiscal and administration. B. Method of Assessment The City Council, shall assess street improvements on the basis of a Lot/Unit assessment. The Lot/Unit assessment shall be calculated as follows: 1. Rural, Single Family, Two Family Residential Districts. (a) One half of the total cost of the improvements shall be divided by the total front footage for the improvement. The quotient of this shall be the Calculated Assessment Rate. (b) The Calculated Assessment Rate shall be compared to the Maximum Assessment Rate, as provided for under this policy and the lesser of the two shall be the Assessment Rate. (c) The Assessment Rate shall be multiplied by the minimum required lot width of the respective zoning district that applies. The product of this shall be the Lot/Unit Assessment (d) Exceptions. Where parcels in Rural Zoning Districts have less than the minimum required lot width they shall be evaluated under the lot width requirements of the most applicable single family district. ii. Where parcels within zoning districts have less than the minimum required lot width of the respective district the Lot/Unit Assessment shall be calculated by multiplying the individual lot width by the Assessment Rate. Pavement Management Policy 4 05/09/05 2. Medium & High Density Residential, Commercial and Industrial Districts (a) One half of the total cost of the improvements shall be divided by the total front footage for the improvement, as determined under this policy. The quotient of this shall be the Calculated Assessment Rate. (b) The Calculated Assessment Rate shall be compared to the Maximum Assessment Rate, as provided for under this policy and the lesser of the two shall be the Assessment Rate. (c) The Assessment Rate shall be multiplied by the minimum required lot width of the respective zoning district that applies. The product of this shall be the Lot/Unit Assessment. (d) Parcels shall be converted into an equivalent number of parcel units by dividing the area of the parcel by the minimum lot area of the respective zoning district. The quotient of this shall be the Unit Assessment Multiplier. (e) The Lot/Unit Assessment shall be multiplied by the Unit Assessment Multiplier. The product of this shall be the assessment amount. 3. When an assessable parcel from an improvement project is subdividable under City Code, the City will assign the maximum number of Lots/Units to the parcel that would result from a future subdivision under the current City Code. 4. Nothing herein shall preclude the City Council from assessing 100% of a project cost upon receipt of a Petition and Waiver of Irregularity and Appeal from 100% of the property owners benefiting from the project. VIII. MAXLMUM ASSESSMENT RA'Z'E The base year for the street assessment under the Pavement Management Program will be 2005. The maximum assessment rate shall be $77.00 per front footage. This rate shall be adjusted annually (January 1) using the National Engineering News Record (ENR) cost index. IX. TERM OF ASSESSMENTS Project costs assessed under this policy will be collected over a 15 year period. Pavement Management Policy 5 05/09/05 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 X. INTEREST RATE ON ASSESSMENTS An interest rate of assessments shall be charged at 2% over the rate of bonds issued to finance the project. The minimum interest rate shall be 7% per annum. XI. CORNER LOTS Corner lots in Single Family, Two Family and Medium Density Districts where single - family homes, two- family homes, townhomes, or condominiums are- built, will be a part of the improvement and assessment process if the driveway for the subject corner lot is on the improvement street. Such lot shall be assessed on a unit basis the same as interior lots. However, regardless of driveway location, where a lot is subdividable and such subdivision fronts the improvement street, the parcel shall be assessed for all units in excess of the original lot. XII. IRREGULARLY SHAPED LOTS Irregularly shaped lots will be considered on an individual basis. Such lots will be measured and assessed on their average width with the lot width at the front setback line taken into consideration. XIII. LOT WIDTH Lot width is generally considered the lot width at the front setback line, with the exception of irregularly shaped lots. XIV. COLLECTOR STREET CREDITS All residential properties, with the exception of properties with a density of greater than 6 units /acre, will only be assessed for a city standard street as defined in Section XVIII., of this policy. Residential properties with greater than 6 units per acre density and commercial/industrial properties will be assessed toward the entire cost of street improvement as outlined in these policies. XV. CAPITAL IMPROVEMENT PROGRAM The Street Maintenance and Reconstruction Plan, established per Section IV, shall be part of the City's Capital Improvement Program which is prepared during the budgeting process. XVI. MAINTENANCE OF STREETS A. General Maintenance. An important element of a good street Pavement Management Plan Program is to provide good maintenance practices. Streets should be swept as early as possible in the spring to help dry the streets; cracks should be filled as early as possible in the year to prevent moisture into the sub- Pavement Management Policy 6 05/09/05 base; filling of potholes should be made as necessary to prevent travel hazards and damage to sub -base; and special maintenance shall be consistently performed to protect and prolong the life of the pavement. The City Council needs to provide the necessary funding in the budget to perform the necessary maintenance work in a timely and professional manner. B. Special Maintenance. Special maintenance shall be include timely seal coating and bituminous overlays on streets as follows: C. Minor Maintenance. (Under review by the LMC Insurance Trust Attorney) 1. Public Works will perform minor maintenance on the streets to address safety issues that may occur. When a street is scheduled for reconstruction, only pothole filling or other safety measures will occur on that road. It is not cost effective for the City to expend funds on temporary street maintenance on a road that has deteriorated to the point of requiring reconstruction. 2. In such cases the City, where conditions warrant, may post signs cautioning the public of poor street surface conditions and recommending reduced speed. XVlI. MUNICIPAL UTILITIES. A. In instances where street reconstruction is proposed within areas not currently serviced by municipal sanitary sewer and/or water, the City shall provide for the extension of these services in conjunction with the improvement project subject to the following: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. Municipal sanitary sewer and water are available to service the project area. 2. The City's Comprehensive Plan guides the area for sewered development. Pavement Management Policy 7 05 /09/05 1 1 1 Age of Street Maintenance Action 5 — 7 years First sealcoating 10 — 14 years Second sealcoating 15 — 21 years Third sealcoating 20 — 28 years First overlay 25 — 35 years First sealcoating 30 — 42 years Second sealcoating 35 — 49 years Second overlay 40 — 56 years First sealcoating 47 — 65 years Road reconstruction C. Minor Maintenance. (Under review by the LMC Insurance Trust Attorney) 1. Public Works will perform minor maintenance on the streets to address safety issues that may occur. When a street is scheduled for reconstruction, only pothole filling or other safety measures will occur on that road. It is not cost effective for the City to expend funds on temporary street maintenance on a road that has deteriorated to the point of requiring reconstruction. 2. In such cases the City, where conditions warrant, may post signs cautioning the public of poor street surface conditions and recommending reduced speed. XVlI. MUNICIPAL UTILITIES. A. In instances where street reconstruction is proposed within areas not currently serviced by municipal sanitary sewer and/or water, the City shall provide for the extension of these services in conjunction with the improvement project subject to the following: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. Municipal sanitary sewer and water are available to service the project area. 2. The City's Comprehensive Plan guides the area for sewered development. Pavement Management Policy 7 05 /09/05 1 1 1 3. With the exception of trunk improvements (i.e., oversizing or overdepth) sanitary sewer and water main extension shall be 100% assessed to benefited properties provided that such assessments do not exceed the following: (a) the special benefit to the property being assessed; (b) the total project cost. All sanitary sewer and water main improvements proposed to be paid for by special assessments shall be subject to the provisions and procedures of Minnesota Statute, Chapter 429 and City Charter, Chapter 8. XVIII. CITY STANDARD STREET DESIGN A. The City Standard Street Design shall be 32 feet from back of curb to back of curb . 1. Exception. In cases were the existing street proposed for reconstruction is 29 feet wide or less, and not a Municipal State Aid Road, County, or other designated collector road, the street shall be reconstructed to a maximum width of 29 feet from back of curb to back of curb. All such streets constructed to such width shall be limited to parking on one side and be signed accordingly. B. The pavement section shall consist of a minimum 7 -ton design, which consists of 1 -1/2 inches of bituminous wearing course, 2 inches of bituminous base course, and 8 inches of Class 5 aggregate base course. XIX. SENIOR CITIZEN/DISABILITY SPECIAL ASSESSMENT DEFERRALS. Owners of homestead property aged 65 or older, or who are retired by virtue of permanent and total disability may, if eligible, apply for deferral of special assessments in accordance with Ordinance 07 -90. Pavement Management Policy 8 05/09/05 APPENDIX D 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Projected Tax Impact on $200,000 residential homestead `Tax impact does not take into account the Market Value Homestead Credit. Projected Tax Impact on $250,000 residential homestead Projected Tax Rate Impact Annual (5% Growth) Impact Projected Tax Rate Impact Annual (7.5% Growth) Impact Projected Tax Rate Impact Annual (10% Growth) Impact 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 1.529% $ 38.23 2.140% $ 53.49 2.605% $ 65.12 3.429% $ 85.71 4.240% $ 105.99 5.107% $ 127.66 5.393% $ 134.82 5.656% $ 141.41 5.901% $ 147.53 6.140% $ 153.49 1.529% $ 2.090% $ 2.485% $ 3.195% $ 3.859% $ 4.540% $ 4.683% $ 4.797% $ 4.889% $ 4.968% $ 38.23 52.25 62.13 79.87 96.47 113.49 117.07 119.93 122.21 124.20 1.529% $ 2.042% $ 2.373% $ 2.982% $ 3.520% $ 4.047% $ 4.080% $ 4.084% $ 4.067% $ 4.039% $ 38.23 51.06 59.33 74.55 87.99 101.17 101.99 102.10 101.68 100.99 'Tax impact does not take into account the Market Value Homestead Credit. Projected Tax Impact on $300,000 residential homestead Projected Tax Rate Impact Annual (5% Growth) Impact Projected Tax Rate Impact Annual (7.5% Growth) Impact Projected Tax Rate Impact Annual (10% Growth) Impact 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 1.529% $ 45.88 2.140% $ 64.19 2.605% $ 78.14 3.429% $ 102.86 4.240% $ 127.19 5.107% $ 153.20 5.393% $ 161.79 5.656% $ 169.69 5.901% $ 177.03 6.140% $ 184.19 1.529% $ 2.090% $ 2.485% $ 3.195% $ 3.859% $ 4.540% $ 4.683% $ 4.797% $ 4.889% $ 4.968% $ 45.88 62.69 74.55 95.85 115.76 136.19 140.49 143.92 146.66 149.04 1.529% $ 2.042% $ 2.373% $ 2.982% $ 3.520% $ 4.047% $ 4.080% $ 4.084% $ 4.067% $ 4.039% $ 45.88 61.27 71.20 89.46 105.59 121.40 122.39 122.53 122.02 121.18 `Tax impact does not take into account the Market Value Homestead Credit. Projected Tax Rate Impact Annual (5% Growth) Impact Projected Tax Rate Impact Annual (7.5% Growth) Impact Projected Tax Rate Impact Annual (10% Growth) Impact 2005 L529% $ 30.58 1.529% $ 30.58 1.529% $ 30.58 2006 2.140% $ 42.79 2.090% $ 41.80 2.042% $ 40.85 2007 2.605% $ 52.09 2.485% $ 49.70 2.373% $ 47.47 2008 3.429% $ 68.57 3.195% $ 63.90 2.982% $ 59.64 2009 4.240% $ 84.79 3.859% $ 77.18 3.520% $ 70.39 2010 5.107% $ 102.13 4.540% $ 90.79 4.047% $ 80.94 2011 5.393% $ 107.86 4.683% $ 93.66 4.080% $ 81.59 2012 5.656% $ 113.13 4.797% $ 95.95 4.084% $ 81.68 2013 5.901% $ 118.02 4.889% $ 97.77 4.067% $ 81.35 2014 6.140% $ 122.79 4.968% $ 99.36 4.039% $ 80.79 `Tax impact does not take into account the Market Value Homestead Credit. Projected Tax Impact on $250,000 residential homestead Projected Tax Rate Impact Annual (5% Growth) Impact Projected Tax Rate Impact Annual (7.5% Growth) Impact Projected Tax Rate Impact Annual (10% Growth) Impact 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 1.529% $ 38.23 2.140% $ 53.49 2.605% $ 65.12 3.429% $ 85.71 4.240% $ 105.99 5.107% $ 127.66 5.393% $ 134.82 5.656% $ 141.41 5.901% $ 147.53 6.140% $ 153.49 1.529% $ 2.090% $ 2.485% $ 3.195% $ 3.859% $ 4.540% $ 4.683% $ 4.797% $ 4.889% $ 4.968% $ 38.23 52.25 62.13 79.87 96.47 113.49 117.07 119.93 122.21 124.20 1.529% $ 2.042% $ 2.373% $ 2.982% $ 3.520% $ 4.047% $ 4.080% $ 4.084% $ 4.067% $ 4.039% $ 38.23 51.06 59.33 74.55 87.99 101.17 101.99 102.10 101.68 100.99 'Tax impact does not take into account the Market Value Homestead Credit. Projected Tax Impact on $300,000 residential homestead Projected Tax Rate Impact Annual (5% Growth) Impact Projected Tax Rate Impact Annual (7.5% Growth) Impact Projected Tax Rate Impact Annual (10% Growth) Impact 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 1.529% $ 45.88 2.140% $ 64.19 2.605% $ 78.14 3.429% $ 102.86 4.240% $ 127.19 5.107% $ 153.20 5.393% $ 161.79 5.656% $ 169.69 5.901% $ 177.03 6.140% $ 184.19 1.529% $ 2.090% $ 2.485% $ 3.195% $ 3.859% $ 4.540% $ 4.683% $ 4.797% $ 4.889% $ 4.968% $ 45.88 62.69 74.55 95.85 115.76 136.19 140.49 143.92 146.66 149.04 1.529% $ 2.042% $ 2.373% $ 2.982% $ 3.520% $ 4.047% $ 4.080% $ 4.084% $ 4.067% $ 4.039% $ 45.88 61.27 71.20 89.46 105.59 121.40 122.39 122.53 122.02 121.18 `Tax impact does not take into account the Market Value Homestead Credit. Projected Tax Impact on $350,000 residential homestead *Tax impact does not take into account the Market Value Homestead Credit. Projected Tax Impact on $400,000 residential homestead Projected Tax Rate Impact Annual (5% Growth) Impact Projected Tax Rate Impact Annual (7.5% Growth) Impact Projected Tax Rate Impact Annual (10% Growth) Impact 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 1.529% $ 2.140% $ 2.605% $ 3.429% $ 4.240% $ 5.107% $ 5.393% $ 5.656% $ 5.901% $ 6.140% $ 61.17 85.58 104.19 137.14 169.58 204.26 215.72 226.25 236.05 245.59 1.529% $ 2.090% $ 2.485% $ 3.195% $ 3.859% $ 4.540% $ 4.683% $ 4.797% $ 4.889% $ 4.968% $ 61.17 83.59 99.40 127.79 154.35 181.59 187.32 191.89 195.54 198.72 1.529% $ 2.042% $ 2.373% $ 2.982% $ 3.520% $ 4.047% $ 4.080% $ 4.084% $ 4.067% $ 4.039% $ 61.17 81.69 94.93 119.28 140.79 161.87 163.18 163.37 162.69 161.58 *Tax impact does not take into account the Market Value Homestead Credit. Projected Tax Impact on $500,000 residential homestead Projected Tax Rate Impact Annual (5% Growth) Impact Projected Tax Rate Impact Annual (7.5% Growth) Impact Projected Tax Rate ImpactAnnual (10% Growth) Impact 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 1.529% $ 2.140% $ 2.605% $ 3.429% $ 4.240% $ 5.107% $ 5393% $ 5.656% $ 5.901% $ 6.140% $ 76.46 106.98 130.24 171.43 211.98 255.33 269.65 282.81 295.06 306.99 1.529% $ 2.090% $ 2.485% $ 3.195% $ 3.859% $ 4.540% $ 4.683% $ 4.797% $ 4.889% $ 4.968% $ 76.46 104.49 124.25 159.74 192.94 226.99 234.14 239.86 244.43 248.40 1.529% $ 2.042% $ 2.373% $ 2.982% $ 3.520% $ 4.047% $ 4.080% $ 4.084% $ 4.067% $ 4.039% $ 76.46 102.12 118.67 149.10 175.99 202.34 203.98 204.21 203.37 201.97 *Tax impact does not take into account the Market Value Homestead Credit 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Projected Tax Rate Impact Annual (5% Growth) Impact Projected Tax Rate Impact Annual (7.5% Growth) Impact Projected Tax Rate Impact Annual (10% Growth) Impact 2005 1.529% $ 53.52 1.529% $ 53.52 1.529% $ 53.52 2006 2.140% $ 74.89 2.090% $ 7114 2.042% $ 71.48 2007 2.605% $ 91.17 2.485% $ 86.98 2.373% $ 83.07 2008 3.429% $ 120.00 3.195% $ 111.82 2.982% $ 104.37 2009 4.240% $ 148.39 3.859% $ 135.06 3.520% $ 123.19 2010 5.107% $ 178.73 4.540% $ 158.89 4.047% $ 141.64 2011 5.393% $ 188.75 4.683% $ 163.90 4.080% $ 142.78 2012 5.656% $ 197.97 4.797% $ 167.91 4.084% $ 142.95 2013 5.901% $ 206.54 4.889% $ 171.10 4.067% $ 142.36 2014 6.140% $ 214.89 4.968% $ 173.88 4.039% $ 141.38 *Tax impact does not take into account the Market Value Homestead Credit. Projected Tax Impact on $400,000 residential homestead Projected Tax Rate Impact Annual (5% Growth) Impact Projected Tax Rate Impact Annual (7.5% Growth) Impact Projected Tax Rate Impact Annual (10% Growth) Impact 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 1.529% $ 2.140% $ 2.605% $ 3.429% $ 4.240% $ 5.107% $ 5.393% $ 5.656% $ 5.901% $ 6.140% $ 61.17 85.58 104.19 137.14 169.58 204.26 215.72 226.25 236.05 245.59 1.529% $ 2.090% $ 2.485% $ 3.195% $ 3.859% $ 4.540% $ 4.683% $ 4.797% $ 4.889% $ 4.968% $ 61.17 83.59 99.40 127.79 154.35 181.59 187.32 191.89 195.54 198.72 1.529% $ 2.042% $ 2.373% $ 2.982% $ 3.520% $ 4.047% $ 4.080% $ 4.084% $ 4.067% $ 4.039% $ 61.17 81.69 94.93 119.28 140.79 161.87 163.18 163.37 162.69 161.58 *Tax impact does not take into account the Market Value Homestead Credit. Projected Tax Impact on $500,000 residential homestead Projected Tax Rate Impact Annual (5% Growth) Impact Projected Tax Rate Impact Annual (7.5% Growth) Impact Projected Tax Rate ImpactAnnual (10% Growth) Impact 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 1.529% $ 2.140% $ 2.605% $ 3.429% $ 4.240% $ 5.107% $ 5393% $ 5.656% $ 5.901% $ 6.140% $ 76.46 106.98 130.24 171.43 211.98 255.33 269.65 282.81 295.06 306.99 1.529% $ 2.090% $ 2.485% $ 3.195% $ 3.859% $ 4.540% $ 4.683% $ 4.797% $ 4.889% $ 4.968% $ 76.46 104.49 124.25 159.74 192.94 226.99 234.14 239.86 244.43 248.40 1.529% $ 2.042% $ 2.373% $ 2.982% $ 3.520% $ 4.047% $ 4.080% $ 4.084% $ 4.067% $ 4.039% $ 76.46 102.12 118.67 149.10 175.99 202.34 203.98 204.21 203.37 201.97 *Tax impact does not take into account the Market Value Homestead Credit 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 APPENDIX E 1 1 1 1 1 1 1 1 1 1 1 1 LMC mss++• fM t+a. ter per+mai,t9 woeeelioeae League of Minnesota Cities 145 University Avenue West, St Paul, MN 55103 -2044 (651) 281 -1200 • (800) 925 -1122 Fax: (651) 281 -1299 • TDO: (651) 281 -1290 www.imnc.org May 10, 2007 Citizen Task Force City of Lino Lakes 600 Town Center Pkwy Lino Lakes, MN 55014 -1182 Re: Uniqueness of the special assessments referendum in Lino Lakes' charter Dear Citizen Task Force: Following my visit to Lino Lakes to present information on charters, 1 received a question from a member of the Citizen Task Force, as well as the administrator, Gordon i-ieitke. The question was, do any other charter cities in Minnesota have a similar provision requiring a referendum on special assessments as found in the Lino Lakes Charter. The answer is that no other charter city in Minnesota has a charter provision requiring a referendum on special assessments. Section 8.04, subdivision 2 of the Lino Lakes charter reads, in part [W]hen less than one hundred (100%) pest of the estimated cost of the proposed improvement is to be paid for by special assessments, connection charges, or any outside funding source other than the City general fund, the Council shall within one hundred twenty (120) days after the conclusion of the public hearing submit the proposed local improvement and its assessment formula to the voters of the city.... If a majority of those voting on said improvement and associated assessment formula are opposed, the Council shAll not proceed with the local improvement as proposed. (emphasis added.) Comparing this charter provision with the corresponding special assessment and local improvement provisions of other charter cities, 1 have found no other city which has a similar mandatory referendum in its charter. The closest charter to Lino Lakes in this respect is found in Mounds View. In Mounds View, the charter outlines a similar procedure for council to follow, yet its analogous subdivision 2 reads, in part: [W]hen less than 100 percent of the estimated cost of a proposed local improvement is to be paid for by special assessment, within the sixty day period after a public hearing has been held on the proposed improvement, a petition may be filed with Council, signed by a majority of the number of electors who voted for Mayor in the last regular election, protesting against AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER *Lino Lakes Citizen Task Force* Page 2 May 9, 2007 either the improvement, or the assessment formula or both. In this event, the Council shall not proceed with the improvement, as proposed. Therefore, while Mounds View's charter allows a proposed improvement to be stopped by the possibility of a petition, Lino Lakes is uniquely required to submit the proposal to an election. *** Since I read through the local improvement charter provisions for 107 cities, I wanted to share what I found. The amount of space in charters dedicated to local improvements and special assessments varies quite a bit. Many charters have little more than two brief paragraphs. The entire local improvement provision in the charter for Chatfield is "As per state law" At the same time, Brainerd's charter has 12 pages on local improvements and special assessments, and South St. Paul has in incredible 58 pages in their charter devoted to the topic. However, at least 85% of all charters appear similar to Chapter 8 of the Gaylord city charter. For your convenience, I have included a copy of that section of Gaylord's chatter with this letter. The following are trends and variations I have seen among those cities with provisions like Gaylord's. • In virtually all of these charters, the city is given blanket power to carry out any and all improvements not prohibited by law ( "The council shall have the power to make any and every type of public improvement not forbidden by the laws of this state and to levy special assessments..."). • Many charters contain no more than two sections similar to sections 71 and 72 in the example. However, the overwhelming majority contain sections similar to sections 71 through 74 in the example. • In some instances, the council is compelled by the charter to create a comprehensive ordinance which lays out the improvement/assessment process, and in some instances the city can create a comprehensive ordinance if they like. • In many charters, any resulting "comprehensive ordinance" is said to supersede state law for the city.' But in as many cases, the council has discretion as to whether they follow the ordinance or Minnesota Statutes. Some charters are silent on that point.2 • Some charters refer to and adopt only those parts of Mflnnesota Statutes Chapter 429 that address hearings and notice, and provide the rest of the process for the city in charter or ' Regardless, to be valid, any such comprehensive ordinance must meet some minimum requirements regarding notice and time limits outlined in Minn. Stat § 429.021, subd. 3. 2 Where the charter is silent on this point, the city may proceed under either the statutes or its ordinance (Minn. Stat § 429.111). 1 *Lino Lakes Citizen Task Force* Page 3 May 9, 2007 ordinance. Often, as in the case of Gaylord, the charter provides state law ( "applicable law") is to be used only in absence of a comprehensive ordinance. An important qualification to this information is that a charter city could have an ordinance requiring a referendum on a public improvement/special assessment. However, I did not consult the ordinances of any charter city. If a charter city had such an ordinance, and it was found unmanageable, the ordinance would most likely be easier to change than a similar charter provision. But, I must stress that in charter cities where ordinances are formed or amended by initiative and referendum, it's possible that a city could be just as stymied by ordinances as it could by charter provisions. We have not seen this, but it is theoretically possible. I hope this information is helpful. Sincerely, *.."7"7:71 Edward S. Cadman Research Attorney CM. cc: Gordon Heitke, Lino Lakes City Administrator 1 1 1 Street Reconstruction Page 1 of Gordon Heitke From: Smith, Chris [CSmith @Imnc.org] Sent: Wednesday, March 28, 2007 4:16 PM To: Gordon Heitke Cc: Chamberlin, Tracie Subject: Street Reconstruction Attachments: Why Should You Have Street Maintenance Policies.pdf, What To Include in a Street Maintenance Policy.pdf ITO: Gordon Heitke, Administrator, City of Lino Lakes FROM: Chris Smith, Risk Management Attomey, LMCIT CC: Tracie Chamberlin, Loss Control Manager, LMCIT IDATE: March 28, 2007 RE: Street Reconstruction This e-mail is to follow -up on our phone conversation last week. As I understand the issue, under the city's home rule charter, the Icity must hold a referendum to do street reconstruction, if any city funds are to be used. In other words, unless the city specially assesses 100% of the cost against the property owners, the city must hold an election. As a practical matter, this charter provision has greatly limited the city's ability to do street reconstruction, as the ballot issue rarely receives public approval. In ligh Iof this fact, you were seeking information on what steps the city can take to help ensure that it does not get sued because city streets are in poor condition. IThe first step is to have a street maintenance policy or pavement management program which you said the city has. The city has already rated the condition of all city streets and has developed criteria for street repairs and reconstruction. The most important thing the city can do is to follow that policy. If the policy sets up unrealistic standards that the city cannot meet, then the city should amend its policy. Having a policy and following that policy will entitle the city to discretionary immunity for most claims Irelated to the condition of the city's streets. I have attached the following LMCIT memos which discuss these issues further. VVhat to Include in a Street Maintenance Policy and Why Should You Have Street Maintenance Policies ?. 1 1 1 1 1 1 1 «Why Should You Have Street Maintenance Policies.pdf» «What To Include in a Street Maintenance Policy.pdf» If you have streets that are in need of reconstruction, then pursuant to your city's charter and your policy, the city should hold a referendum on the issue. How often must you hold an election? I suggest that this question should be answered by your street maintenance policy (if it is not answered by your city's charter). My suggestion would be to hold an election once a year. Although the city could hold more frequent elections, there is also a significant cost factor to holding elections. The cost is an appropriate item for the council to consider when deciding how frequently to hold street referenda. As a side note, I think it would be appropriate for the city's Charter Commission to at least consider removing or amending the referendum requirement for street reconstruction. As a practical matter, it really seems to limit the city's ability to reconstruct its streets, and in the long run may actually increase the costs to the city to maintains its streets. Simply trying to maintain the street for years may end up costing more than reconstructing the streets at an appropriate time. Although one might argue that the city can always assess 100% of the costs to the property owner, that presents another problem. The amount of any special assessment cannot exceed the benefit to the property. In other words, if you assess a property owner $10,000 for a new street, you need to show that the value of the property increased by at least $10,000. It is ofte hard, if not impossible, to show this increase in market value, and may be subject to expensive litigation. Thus, the city could be stuck in a situation where it cannot legally assess the entire cost and cannot get public approval, effectively making street reconstruction impossible. Because street referenda usually fail in your city, it seems likely that some streets are likely to be in poor condition. That raises a issue of what the city should do to wam of dangerous streets. Again, that question should be answered by your policy. It is probably not possible to wam of every condition. And if you tried to do so, a motorist might sue the city for failing to place a warning device. First, I suggest that a waming should be placed anywhere there is a hidden condition from the motorist. And second, the city based on available resources (i.e., money and employees), should establish in their policy what streets or conditions will receive wamings, perhaps only the streets rated as poor in you pavement management plan. In addition, the city may wish to pay special attention to areas involving complaints or accidents. The city's policy should have procedures for responding to notice of complaints and accidents. If the city ultimately decides that no action is necessary, the city should at leas 1 3/29/2007 Street Reconstruction document the situation to show that it followed its policy. Page 2 of 2 I hope that the above information adequately answers your questions. If you need additional information, please let me know. Christopher Smith Risk Management Attomey League of Minnesota Cities Insurance Trust (651) 281 -1269 csmith @imnc.org 3/29/2007 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 APPENDIX G Citizen Task Force Members Kathi Gallup, Chair Peter T. Brown Judi Brunner Laura Carlson John Latcham Cheryl Sanchez Jamie Stern WS — Item 3 WORK SESSION STAFF REPORT Work Session Item 3 Date: Council Work Session, July 2, 2007 To: City Council From: Mary Alice Divine Re: Blue Heron Days Update and Request Background Blue Heron Days representatives have requested an opportunity to update the council on events and costs associated with the festival, plus the activities the Lino Lakes Ambassadors participate in while representing the city. Requested Council Direction No direction is required at this time. The festival committee will be asking the council to consider providing financial support to continue Blue Heron Days programs in the upcoming budget year. Attachment(s) None 1 WS — Item WORK SESSION STAFF REPORT Work Session Item 4 Date: Council Work Session, 2 July 2007 To: City Council From: Dan Tesch Re: Pay Program Background In January of this year, the city was required to file a pay equity report with the State of Minnesota. The last time the city was required to prepare this report was for payroll data as of 2001. Springsted Inc. was enlisted to assist with the preparation of this report. The city was found once again to be in compliance with the statue. As you know, the city's pay program is made up of a series of contracts and non -union salaries. The city has always monitored the market for salaries, and provided all employees with the same cost of living adjustment unless ordered to provide a different amount through an arbitration award. Those awards and staff turnover (gender of incumbents) over time require a system occasionally be reviewed for internal equity. Springsted offers a range of services in the area of public sector compensation. Ann Antonsen is familiar with the city's pay program, and was instrumental in its preparation. Per a council motion at the 14 May council meeting, Ann will be present at the 2 July work session with recommendations of available services along with cost estimates. If the council chooses to proceed with an array of services, dollars would need to be reallocated in the 2007 budget, or could review the services at the time of the 2008 budget discussions. Requested Council Direction Direction as to the scope of a pay program review. 1 WS — Item 5 WORK SESSION STAFF REPORT Work Session Item 5 Date: Council Work Session, July 2, 2007 To: City Council From: Gordon Heitke Re: Council Goal, Objectives and Action Plan Background The City Council met on March 28, 2007 to establish goals and specific performance objectives for the remainder of Calendar Year 2007 and Calendar Year 2008. As done in the past, staff has added proposed action steps and has identified lead parties, contributors and funding sources for your consideration. Attached is an initial draft for Council review. Since this will be the first time that the Council will review the goals and objectives, along with the actions proposed by staff, formatting, etc. has been left until after this initial review and discussion. (Please note that there is no Goal 5.) Requested Council Direction Staff is seeking any desired changes from the Council. The goals document has not been placed on a regular council agenda for action to afford adequate time for Council review and discussion. Attachments 1. Goals, Objectives, Management Action Plan: 2007 -2008 2. City Leadership Workshop Report, Neu, April 2, 2007 DRAFT Goals, Objectives, Management Action Plan: 2007 -2008 Listed below are the revised goals established by the City Council for the period 2008 through 2013 and specific performance objectives for the remainder of Calendar Year 2007 and Calendar Year 2008, as established at the march 28, 2007 goals setting session. As done in the past, staff has added proposed action steps and has identified lead parties, contributors and funding sources for your consideration. 1. Complete Town Center A. Calendar Year 2007 & 2008: (1) Objective: Complete development of owner and rental housing component over five -year period. (2) Objective: Complete development of commercial component over five -year period. a. Key Action Steps: Aggressively market and continue to support developers' marketing efforts. b. Lead party: Community Development Staff Key Contributors: Hartford Development c. Funding Source: General Fund. Primarily Staff Time 2. Plan for and implement needed local regional transportation improvements. A. Calendar Year 2007: (1) Objective: Pursue funding for local transportation improvements for; 1) 49/J Intersection; 2) Lake Drive /Main Street Intersection; and 3) Northerly bypass (Main St - 35W to 35E). a. Key Action Steps: Support Anoka County appliciations for obtaining Federal Funding 1 ii. Continue working with Anoka County on planning efforts b. Lead party: Community Development Staff Key Contributors: City Council Anoka County Springsted Inc. Finance Department c. Funding Source: General Fund. Primarily Staff Time B. Calendar Year 2008: (2) Objective: Prepare an Access Management Plan for Birch Street that includes provisions for pedestrian and bicycle safety improvements. (3) a. Key Action Steps: Retain professional services to conduct planning study b. Lead party: Community Development Staff Key Contributors: Anoka County Planning and Zoning Board City Council Public Works and Public Services c. Funding Source: General Fund. Primarily Staff Time. May have a cost share with Anoka County. 35W to 35E. (3) Incorporate Northerly By -pass (Main St. 35W to 35E) into Comprehensive Plan a. Key Action Steps: Identify transportation corridor and adopt policy language to recognize future need b. Lead party: Community Development Staff Key Contributors: Anoka County Comp Plan Advisory Panel Planning and Zoning Board City Council c. Funding Source: General Fund. Included with Comprehensive Plan Update 2 3. Goal: Review and update the City Charter so that it reflects and facilitates current and future needs of the City. a. Specific Performance Objectives to be completed during the remainder of 2007: (1) Completion of Citizen Charter Task Force Study (June 1, 2, 2007). Key Action Steps: i. Citizen Task Force completes research ii. Task Force prepares written report iii. Task Force presents report to City Council Lead Party: Key Contributors: Citizens Task Force General public Charter Commission City Council TKDA Springsted Inc. Kennedy and Graven City Staff Funding sources: General Fund (2) Accept report of the Citizen Charter Task Force. Key Action Step: i. City Council takes formal action to accept report (3) Lead Party: City Council Key Contributors: Funding sources: No funds required Take appropriate Council action on recommendations contained in the report which may include: • Placing an Amendment to the Charter on the ballot, or • Placing specific street project(s) on ballot. Key Action Steps: 3 i. City Council considers findings and recommendations of report ii. City Council determines whether to support amendments to the charter iii. If Council supports amending the charter, a process is identified for developing the specific amendment. (Alternatives provided in statutes.) iv. Proposed amendment is drafted. v. City Council acts to place amendment question on ballot (September 10), if process includes referendum vi. Public information program is developed and implemented, if process includes referendum vii. Referendum held Nov. 6, if included in process Lead Party: Key Contributors: City Council Citizens Task Force Charter Commission General public TKDA Springsted Inc. Kennedy and Graven City Staff Funding sources: General Fund b. Specific Performance Objectives to be completed in 2008: (1) Amend the City Charter in accordance with the election, or by ordinance (if process does not include referendum) (2) Place appropriate street project(s) on ballot. Lead Party: City Council Key Contributors: Kennedy and Graven Funding sources: General Fund 4. Goal: Review and update City's Recreation projects and priorities. A. Calendar Year 2007 (1) Objective: Review and update Park Dedication Ordinance a. Key Action steps: i. City staff prepares Park Dedication Analysis report ii. Park Board reviews and comments on report iii. City Council considers proposed ordinance for approval b. Lead Party: Public Services Department Key Contributors: Park Board City Council c. Funding Sources: Existing Personnel Budget (2) Objective: Pursue additional Birch Street Pedestrian Crossing a. Key Action steps: i. Evaluate, select, and prioritize potential crossing locations ii. Begin dialogue with Anoka County Highway and Parks Departments iii. Begin exploring potential funding sources b. Lead Party: Public Services Department Key Contributors: Anoka County Highway Department Anoka County Parks Department c. Funding Sources: Existing Personnel Budget, Professional Services Budget (3) Objective: Complete Legacy Trail Project a. Key Action steps: i. Oversee construction of the trail b. Lead Party: Public Services Department Key Contributors: TKDA c. Funding Sources: Special Assessments and Legacy Park Dedication (4) Objective: Redevelop Lino Park (5) a. Key Action steps: City Staff /TKDA prepare plans and specifications ii. City Council accepts plans and specifications, authorizes advertising for bids iii. City Council awards bid iv. City Staff/TKDA oversees implementation of redevelopment plan b. c. Lead Party: Public Services Department Key Contributors: TKDA City Council Funding Sources: Dedicated Parks Fund Objective: Analyze potential development of recreation complex a. Key Action steps: Develop feasibility study of phasing plan for eventual completion of improvements ii. Park Board reviews and comments on feasibility study iii. City Council accepts feasibility study b. Lead Party: Public Services Department Key Contributors: Brauer and Associates, Ltd TKDA Park Board City Council c. Funding Sources: $30,000 for preparation of feasibility study. No dollars included in 2007 budget B. Calendar Year 2008 (1) Objective: Consider potential development of recreation complex a. Key Action steps: Develop alternative financing plans necessary to complete recommended phasing efforts ii. City Council determines whether to proceed with phasing plan. If so, City Council identifies preferred financing plan, and sets timeline for Phase I improvements iii. City staff analyzes /determines whether any modifications to master plan are warranted b. Lead Party: Public Services Department Key Contributors: Finance Department Springsted, Inc. 6 City Council c. Funding Sources: Up to $10,000 for consultant fees to develop financing options 6. Goal:Diversify, expand, and enhance the City's tax base. A. Calendar Year 2007: (1) Objective: Analysis of where economic development opportunities exist within the City for expansion of the City's tax base. a. Key Action Steps: i. Identify opportunities as part of Comprehensive Plan Update Process b. Lead party: Community Development Staff Key Contributors: Comprehensive Plan Advisory Panel EDAC c. Funding Source: General Fund. Primarily Staff Time B. Calendar Year 2008: (1) Objective: Develop Marketing Plan. b. Key Action Steps: i. Complete market study based on identified available commercial /industrial land uses ii. Develop effective marketing materials based on results of the market potential in Lino Lakes b. Lead party: Community Development Staff Key Contributors: EDAC City Council c. Funding Source: General Fund. Will need to provide funding for Marketing Consultant (2) Objective: Align Economic Development and Marketing strategy to the Comp Plan. c. Key Action Steps: i. Identify opportunities for expansion of commercial and industrial tax base (see Objective 1) ii: Review and update EDAC economic development goals and strategies to ensure it reflects: 7 (3) • 2030 Community Vision • Market study's assessment of city's opportunities and timeline b. Lead party: Community Development Staff Key Contributors: Comprehensive Plan Advisory Panel EDAC c. Funding Source: General Fund. Primarily Staff Time Objective: Establish the necessary internal organization capability to promote expansion and marketing of economic development opportunities. d. Key Action Steps: i. Define economic development expectations based on results of market study, existing available land use and existing development standards ii. Evaluate staff organization and effectiveness in promoting economic development opportunities iii. Establish public relations campaign that is consistently applied by city council, staff and city advisory boards to ensure city's positive economic development message reaches the development community b. Lead party: Community Development Staff Key Contributors: City Council EDAC Comprehensive Plan Task Force c. Funding Source: General Fund. Primarily Staff Time (4) Objective: Review project approval process (pending Comprehensive Plan Update and approval schedules). e. Key Action Steps: i. Evaluate current approvals process and identify areas for improvement (pending update of Comp Plan) b. Lead party: Community Development Staff Key Contributors: City Council Comprehensive Plan Advisory Panel c. Funding Source: General Fund. Primarily Staff Time 7. Goal: Establish an appropriate revenue generation and allocation policy for the City. a. Specific Performance Objectives for the remainder of 2007: (1) Objective: Review Stormwater Utility Study Key Action Steps: a) Review /Revise original SWU Study b) Present draft proposal to City Council c) Create Public Information Materials /Mailings d) Hold Public Information Meetings — Public Input e) Hold public hearing /Approve SWU f) Implement Utility — 2008/2009 Lead party: Finance/Community Development Staff Key Contributors: City Council SEH, Inc. Public Services Funding Sources: Stormwater Management Fund /development related fees (2) Objective: Develop action plan based upon results of the review. See # (1) above. (3) Objective: Obtain citizen input as to how funds are allocated: • Budget information session • Town Hall meetings • Other appropriate forums /methods for achieving citizen input. Is this related to the SWU or is this separate? If SWU, see # (1). If not, we already have public forums during the budgeting process, including work sessions, council meetings and public hearings. (4) Objective: Review financing policies around infrastructure implementation. Key Action Steps: 1) Review policy with City Council. a) If determined no change needed, done. b) If determined that change is needed, 2) Formulate /Adopt new infrastructure financing (special assessment) policy a) Acquire /review policies from other cities b) Review policy samples and formulate draft policy c) Present /review draft policy with City Council d) Hold public hearing /Approve Policy Lead party: Key Contributors: Finance Staff City Council Community Development SEH, Inc. Springsted, Inc. Public Services Funding Sources: General Fund /Area & Unity Fund (5) Objective: Complete a Utility Rate Study. Key Action Steps: a) Complete Water Emergency and Conservation Plan — establish rate structure b) Obtain Utility Rate Study proposal (Done) b) City Council authorize rate study (June 25) c) Complete study and present to City Council d) City Council accept study e) Hold public hearing /adopt rates f) Implement new rates — January, 2008 Lead party: Finance Staff Key Contributors: City Council SEH, Inc. Springsted, Inc. Public Services Funding Sources: Water /Sewer Funds - equally b. Specific Performance Objectives for 2008: Implement the policies established during 2007. 8. Goal: Maintain safe neighborhoods and community areas. a. Specific Performance Objectives to be pursued during the remainder of 2007 and into 2008 as necessary: (1) Objective - Continue to promote the importance of establishing a sense of security throughout the community and maintaining support for the Police Department, and community involvement of the following groups: • Explorers • Reserve Officers • Office Volunteers • Public Safety Citizen Commission • Chaplain • Community Emergency Response Teams • Neighborhood Watch • National Night Out • Business Watch a. Key Action Steps: i. Complete assessment of departments' volunteer needs and recruitment strategies b. Lead Party: Police Depai tinent Staff Key Contributors: i. Existing Volunteers c. Funding Source: i. State Grant ii: General Fund (2) Objective - Adopt a Crime Free Multi- Housing Ordinance. a. Key Action Steps: i. Draft Ordinance ii. City Staff /Atty Review b. Lead Party: Police Depaitinent Staff Key Contributors: i. City Staff ii. City Atty iii. City Council c. Funding Source: i. General Fund 11 (3) Objective - Adopt an 800 Megahertz Public Safety Radio System Ordinance a. Key Action Steps: i. Draft Ordinance ii. City Staff /Atty Review iii. Submit for countywide adoption b. Lead Party: Police Depait nent Staff Key Contributors: i. City Staff ii. City /county Atty iii. City Council iv. County Board c. Funding Source: i. General Fund (4) Objective - Update Emergency Plan during 2007 and conduct a functional exercise of the plan in 2008. a. Key Action Steps: i. Research and update plan ii. Update related ordinances iii. Practice Plan b. Lead Party: Police Depai tnient Staff Key Contributors: i. Centennial Fire District ii. Public Services Staff iii. Community Development Staff iv. Anoka County Emergency Management c. Funding Source: i. State Grant - Homeland Security and Emergency Management ii. General Fund (5) Objective - Review Task Force options pertaining to the following areas: • Gang • Drug • Violent Offenders • Cyber Crimes • Financial Crimes a. Key Action Steps: i. Statistical analysis and historical review of crime in Lino Lakes 12 ii. Projection of future crime trends iii. Evaluate applicability of Task Force Utilization b. Lead Party: Police Department Staff Key Contributors: i. Public Safety Citizens Commission ii. Local, County and State Law Enforcement Agencies. c. Funding Source: i. State/Federal Grants ii. Shared Cost Formulas with Participating Agencies iii. General Fund 9. Address projected housing needs for the City of Lino Lakes. A. Calendar Year 2007: (1) Objective: Provide land use areas in the Comp Plan that would allow densities that make affordable housing possible. f. Key Action Steps: i. Align Comp Plan land use map with housing goals ii. b. Lead party: Community Development Staff Key Contributors: Comprehensive Plan Advisory Panel c. Funding Source: General Fund. Primarily Staff Time B. Calendar Year 2008: (1) Objective: Evaluate incentives that will encourage the private sector to supply affordable housing products (examples: density bonuses, lot size flexibility). g. Key Action Steps: i. Work with development community to use best management practices for locating affordable housing product within new development ii. Evaluate programs for maintaining current housing stock b. Lead party: Community Development Staff Key Contributors: City Council c. Funding Source: General Fund. Primarily Staff Time 13 (2) Objective: Provide Integrate life cycle /affordable housing into new residential mcvmmmvonra neighborhoods. h. Key Action Steps: i. Work with development community to use best management practices for locating affordable housing product within new development ( See objective 1) ii. b. Lead party: Community Development Staff Key Contributors: c. Funding Source: General Fund. Primarily Staff Time (2) Objective: Develop Ordinances and related policies to keep housing affordable, safe, and attractive. i. Key Action Steps: i. See Police Department Goals ii. b. Lead party: Community Development Staff Key Contributors: c. Funding Source: General Fund. Primarily Staff Time `E'1 0 COMPANY City of Lino Lakes City Leadership Workshop March 28, 2007 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS MADE BY THE PARTICIPANTS Submitted by Carl H. Neu, Jr. April 2, 2007 ©Neu and Company and the Center for the Future of Local GovernanceTM, 2007 City of Lino Lakes, Minnesota City Leadership Workshop Conducted on March 28, 2007 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS MADE BY THE PARTICIPANTS Submitted by Carl H. Neu, Jr. April 2, 2007 I. INTRODUCTION On March 28, 2007, the members of the Lino Lakes City Council and Management Team conducted a review of the progress made relative to the goals established at the February, 2006 workshop. Additionally, the participants established revised goals for the period 2008 through 2013 and specific performance objectives for each goal to be completed during the remainder of calendar year 2007 and calendar year 2008. A. Review of Progress Made on Goals Established at the February 2006 Workshop. Listed below is a summary of the progress made and other observations provided by the participants relative to the goals established at the February, 2006 workshop. 1. Goal: Complete Town Center Status: a. All approvals and agreements are in place. The major requirement now is to just let the approvals and agreements be carried out according to plans from now until 2013. b. Other items to be considered: • Housing components 2 • Commercial development components • Marketing to achieve the project elements and tenants desired in the Town Center • Lake Drive (targeted to be completed in 2008. 2. Goal: Plan for and implement needed local regional transportation improvements. a. Status: In progress. b. The following items still need to be considered: • 49 &J • Other street requirements: 23, Lake Drive, Main Street • Northerly bypass concept. 3. Goal: Review and update the City Charter so that it reflects and facilitates current and future needs of the City. a. Status: This effort is being undertaken as a result of this goal, established in 2006, feedback from the Community Quality of Life Survey, and direction provided by the Citizen Visioning Committee in the SPOTLIGHT 2030 Vision Plan. b. Items still remaining for action: • Receive report from the Citizens' Charter Task Force (June, 2007) • Proceed with the Comp Plan Update process (2007 -08) 4. Goal: Review and update City's Recreation projects and priorities. a. Status: Ongoing b. The following two items were identified: • Disposition/use of the land set aside for a recreation complex • Identification of other recreation and recreation - related needs • Funding considerations. 5. Goal: Achieve infrastructure within areas of the City to ensure compliance with Comprehensive Plan requirements. a. Status: The updating of the Comprehensive Plan process is underway. b. Things to be considered for future goals: • Infrastructure planning especially to existing neighborhoods • Completion and approval of the updated Comp Plan and related charter considerations • Developing City's plans for the future to serve growing and existing areas especially with sewer and water capacity • Establish a process to achieve the timely approval of the Updated Comprehensive Plan. 6. Goal: Diversify, expand, and enhance the City's tax base. a. Status: Specific recommendations were provided to the City Council and the community in the SPOTLIGHT 2030 Vision Plan. b. Items to be considered for future goals: • Proactive Economic Development Program • Proactive marketing of the City's Economic Development Program and opportunities • Timing of economic development being sensitive to the impact of competition from surrounding cities such as Blaine and Hugo • Develop a process for working with developers to expedite /facilitate approved economic development projects. 7. Goal: Establish an appropriate revenue generation and allocation policy for the City. a. Status: A comprehensive workshop pertaining to the City's future financial needs was presented by the management team to the council in 2006. b. Items to be considered for future goals: • Funding of maintenance needs • Keeping the Five -Year Financial Plan current on an annual basis • Addressing any outstanding items that still remain from the policy discussions conducted in the June 2006 financial workshop. 8. Goal (New Goal): Maintain safe neighborhoods and community areas. a. Items to be considered: • Community ordinance pertaining to housing • Installation of the 800 Megahertz radio system • Disaster planning • Insuring safety in the regional and county parks. 9. Goal (New Goal): Address projected housing needs for the City of Lino Lakes. a. Items to be considered relative to housing needs include: • Affordable housing • Senior housing • Life cycle housing • Availability of housing • Safe and attractive housing and neighborhoods. B. Goals and Objectives for Management Action Plan: 2007 -2008 Listed below are the revised goals established by the participants for the period 2008 through 2013. Under each goal, specific performance objectives are identified for the remainder of Calendar Year 2007 and Calendar Year 2008. 1. Goal: Complete Town Center a. Specific Performance Objectives to be completed during the remainder of 2007 and throughout 2008: (1) Complete development of owner and rental housing component over five -year period. (Question: Can EDAC be more involved in achieving this obj ective ?) (2) Complete development of commercial component over five -year period. 5 (3) Aggressively market and continue to support developers' marketing efforts. 2. Goal: Plan for and implement needed local regional transportation improvements. a. Specific Performance Objectives to be completed during the remainder of 2007 and throughout 2008: (1) Pursue funding for local transportation improvements: (a) 49 and J (b) Lake Drive and Main Street (c) Northerly bypass. (2) Prepare an Access Management Plan for Birch Street that includes provisions for pedestrian and bicycle safety improvements. (3) Consider the possibility of a four -lane highway 35W to 35E. 3. Goal: Review and update the City Charter so that it reflects and facilitates current and future needs of the City. a. Specific Performance Objectives to be completed during the remainder of 2007: (1) Completion of Citizen Charter Task Force Study (June 1, 2007). (2) Accept report of the Citizen Charter Task Force. (3) Take appropriate Council action on recommendations contained in the report which may include: • Placing an Amendment to the Charter on the ballot, or • Placing specific street project(s) on ballot. b. Specific Performance Objectives to be completed in 2008: (1) Amend the City Charter in accordance with the election, or (2) Place appropriate street project(s) on ballot. 4. Goal: Review and update City's Recreation projects and priorities. Under this goal, the participants developed a series of sub - goals, each of which has specific performance objectives for 2007 and 2008. a. Sub -goal: Review and updated Park Dedication Ordinance on an annual basis. (1) Specific Performance Objectives to be completed during the remainder of 2007: (a) Staff prepares and presents Park Dedication analysis to City Council. (b) Again review automatic increases? (2) Specific Performance Objective to be completed for Calendar Year 2008: Determine and review Park Dedication needs. b. Sub -goal: Complete Legacy Trail Segment. (1) Specific Performance Objectives to be completed during the remainder of 2007: (a) Oversee construction and implementation of trail. c. Sub -goal: Pursue possible East Birch Street Trail Crossing. (1) Specific Performance Objectives to be completed during the remainder of 2007: (a) Select potential crossing location. (b) Begin discussion with Anoka County Highway and Parks Departments. (c) Look at possible funding options. d. Sub -goal: Redevelop Lino Park. (1) Specific Performance Objectives to be completed during the remainder of 2007: (a) Prepare plans and specifications. (b) Obtain Council approvals, develop plans and specifications, and award bid. (c) Staff oversees implementation of the redevelopment effort. e. Sub -goal: Review and revise current plan of recreation complex. (1) Specific Performance Objectives to be completed during the remainder of 2007: (a) Develop feasibility study of a phasing plan for eventual completion of improvements at the recreational complex. (b) Develop phasing and financing plans necessary to complete recommended phasing efforts. 6. Goal: Diversify, expand, and enhance the City's tax base. a. Specific Performance Objectives for the remainder of 2007: (1) Analysis of where economic development opportunities exist within the City for expansion of the City's tax base. b. Specific Performance Objects for 2008: (1) Develop Marketing Plan. (2) Align Comp Plan to the Economic Development and Marketing strategy. (3) Establish the necessary internal organization capability to promote expansion and marketing of economic development opportunities. (4) Review project approval process (pending Comprehensive Plan Update and approval schedules). 7. Goal: Establish an appropriate revenue generation and allocation policy for the City. a. Specific Performance Objectives for the remainder of 2007: (1) Review Stormwater Utility Study (2) Develop action plan based upon results of the review. (3) Obtain citizen input as to how funds are allocated: • Budget information session • Town Hall meetings • Other appropriate forums /methods for achieving citizen input. (4) Review financing policies around infrastructure implementation. (5) Complete a Utility Rate Study. b. Specific Performance Objectives for 2008: Implement the policies established during 2007. 8. Goal: Maintain safe neighborhoods and community areas. a. Specific Performance Objectives to be pursued during the remainder of 2007 and into 2008 as necessary: (1) Continue to promote the importance of establishing a sense of security throughout the community and maintaining support for the Fire Department, Police Department, and community involvement of the following groups: • Explorers • Reserve Officers • Office Volunteers • Public Safety City Commission • Chaplain • Community Emergency Response Teams • Neighborhood Watch • National Night Out • Business Watch (2) Adopt a Crime Free Multi- Housing Ordinance. (3) Adopt a Megahertz Public Safety Radio System Ordinance (800 Megahertz) (4) Update Emergency Plan during 2007 and conduct a functional exercise of the plan in 2008. (5) Review Task Force options pertaining to the following areas: • Gang Task Force • Drug Task Force • Violent Offenders Task Force 9. Goal: Address projected housing needs for the City of Lino Lakes. a. Specific Performance Objective to be completed in the remainder of 2007: (1) Provide land use areas in the Comp Plan that would allow densities that make affordable housing possible. b. Specific Performance Objectives to be completed during 2008: (1) Evaluate incentives that will encourage the private sector to supply affordable housing products (examples: density bonuses, lot size flexibility). (2) Provide life cycle /affordable housing in common a neighborhood. (3) Develop Ordinances and related policies to keep housing affordable, safe, and attractive. WS -6 WORK SESSION MEMORANDUM To: Mayor and City Council From: Al Rolek Date: July 2, 2007 Re: Work Session Item 3 - 2008 Budget Process and Timeline cc: Gordon Heitke Attached is the proposed process and timeline for the preparation of the 2008 budget. To outline the process, budget worksheets have been distributed to all Directors for their respective departments. At the July 2 Council work session the City Council will be asked to set its parameters for the 2008 budget. Directors will submit their budget requests to the Finance Director by July 9. The City Administrator and the Finance Director will then review the requests with the directors and formulate a proposed budget. The proposed budget will be completed, distributed to the City Council and reviewed at the budget work session proposed for Monday, August 20. The review will be conducted by the Finance Director and City Administrator, with the Directors in attendance to respond to questions. Another work session is proposed for Wednesday, September 5 (if necessary) to review revisions requested by the City Council and to come to agreement on a preliminary 2008 budget. The preliminary budget and levy, as well as Truth in Taxation hearing date, will be approved by the City Council on September 10. The proposed 2008 budget, tax levy and TNT date will be certified to the Anoka County Auditor by September 15. The initial Truth in Taxation hearing is proposed for December 10 prior to the regular City Council meeting. In prior years, due to the holidays, the second December City Council meeting has been moved up by one week. It is anticipated that the City Council will again move this meeting in 2007. Therefore, a continuation hearing, if needed, is proposed for December 17 prior to the regular City Council meeting, with the final 2008 budget and tax levy being adopted at a subsequent hearing held during the regular meeting. The final 2008 budget and tax levy will be certified to the Anoka County Auditor by December 28. Should you have any questions relative to this proposed schedule we can discuss them at the work session. v City of Lino Lakes 2008 Budget Preparation Calendar • June 8 – Budget worksheets and calendars distributed to Directors. • July 2 – City Council provides direction on budget parameters. • July 9 – Departmental budget requests are prepared and submitted. • July 9- August 13 – Administrator and Finance Director review requests with Directors and develop proposed 2008 Budget. Proposed budget distributed to City Council. • August 20 — Bu get work session - City Council reviews proposed 2008 Budget. • September 5 – Follow -up City Council budget work session. • September 10 – City Council approves proposed 2008 Budget and Tax Levy and sets Truth in Taxation hearing dates. • By September 15 - Proposed Budget, Tax Levy and Truth in Taxation hearing dates are certified to Anoka County Auditor. • Mid - November– County mails Truth in Taxation notices to taxpayers. • December 10 – City Council holds Truth in Taxation Hearing. • December 17 – City Council holds Continuation Hearing, if necessary. City Council adopts final 2008 Budget and Tax Levy at Subsequent Hearing. • By December 28 – City certifies final 2008 Budget and Tax Levy to Anoka County Auditor. v • • WORK SESSION STAFF REPORT Work Session Item 7 Date: Council Work Session, July 2, 2007 To: City Council From: David J. Pecchia, Chief of Police Re: City of Lino Lakes Crime Free Housing Code and Lino Lakes Police Department Safer Tenants and Rental (STAR) Program Background The City of Lino Lakes is committed to proactively addressing crime. Preventing problems is always more effective than trying to deal with them after they occur. Police records in neighboring communities show that rental - housing properties have had higher crime rates than owner - occupied homes. Rental properties place larger numbers of people into more dense areas, thereby increasing crime opportunities. It is found that adequate protection of public health, safety and general welfare will improve in those rental developments that are certified under the Safer Tenants And Rentals program. The purpose of this program is to protect, preserve and promote the public health, safety and general welfare of The City of Lino Lakes, and to prevent crime in the City and to provide for the administration and enforcement of the STAR program. STAR CERTIFICATION LEVELS In order to be certified under any level of the STAR program, the criteria listed under that level must be met. Level "C" rated criteria - Statewide (Minnesota) Criminal History check of all applicants covering at least the last seven years. The checks must be completed "in- person" or by utilizing the most recent update of the state criminal history files. Statewide Criminal History checks from the applicant's previous state of residence if the applicant is moving directly from the previous state. - Any company that the owner contracts with to conduct Criminal History checks most meet the standards established by the Public Safety Department. - Must have written "denial criteria" that must be provided to each applicant at the time of application. - The criteria established for denial of applicants must apply equally to all persons regardless of race, color, creed, religion, national origin, sex, sexual orientation, disability, age, marital status, or status with regard to public assistance. - All managers must attend eight hours of annual STAR training. - Management must assist the Police Department in conducting resident crime prevention meetings when requested. - Every prospective tenant eighteen (18) years of age or older shall be required to complete a tenant application. - Every applicant shall submit proper photo identification, which must be either a current driver's license or state issued identification card. If the identification card is from another state other than the State of Minnesota, the lessee must require verification of the applicant's social security number. - Applicants should be denied rental if the applicant misrepresents information on the application. If misrepresentations are found after a rental agreement is executed, the licensee should terminate the rental agreement. Level "B" rated criteria - All criteria listed under Level C must be complied with. - Statewide Criminal History checks of any applicant in their previous states of residence covering the last seven years if they have not resided in Minnesota for three years or longer. - Criminal History checks of all applicants conducted in all seven counties in the metro Twin City area covering at least the last seven years including all misdemeanor, gross misdemeanor, and felony convictions. Level "A" rated criteria - All the criteria listed under Levels B & C must be complied with. - Criminal History checks in all counties the applicant has resided in for the past seven years or since turning eighteen years of age. - Basic Physical Security Requirements - Single cylinder dead bolt looks on external doors. • • • • • • - High security strike plates with 3" screws. - 180 degree eye viewers installed on front doors. - Adequate security lighting on property. - Proper trimming of bushes and shrubs. - Anti lift /slide devices on ground level windows and sliding glass doors. - Business address prominently displayed and each unit number on every door. - Approved video surveillance of underground parking. - Telephones capable of dialing 911 in "common" areas (without requiring money deposit). - Secure access to common areas. i.e. building entry, internal parking, pool /group activity areas. - If permanent grill structures constructed they must be at least 15 feet from a structure Applicants include all prospective tenants eighteen years of age or older. Rental owners must provide documentation of compliance with all of the criteria in order to be certified. This does not include the actual results of the criminal history check, as this is not permissible under the Fair Credit Reporting Act. Criminal History checks on immigrants only need to be conducted in areas in the United States where the immigrant resided prior to applying for rental housing in Lino Lakes, not foreign countries. Tenant Screening Companies Listed below are the criteria for any company the Owner contracts with to perform tenant applicant Criminal History checks. - Company must be bonded and /or insured. - Criminal History checks can be subcontracted, but the company must have a process, with documentation, that conducts periodic, random verifications of criminal history checks conducted by subcontractors. - Criminal History checks must go back a minimum of seven (7) years. - Company must comply with legal requirements of the Fair Credit Reporting Act. - The screening company must provide verification to the City of Lino Lakes that it complies with these criteria. Discrimination and Privacy This program shall be enforced in a non - discriminatory manner and exclusively for the purpose of promoting public safety as opposed to private welfare. Except as may be specifically provided herein or incidental to the enforcement hereof, this program is not intended to interfere with the personal privacy or with private legal rights and liabilities, including, without limitation, landlord /tenant and landlord /lessee relationships. In enacting and enforcing this program, The City of Lino Lakes neither expressly nor by implication assumes any obligations or liabilities respecting such private rights or disputes, including those which involve or arise out of the nonconformity of any premises in the City to the provisions of this Ordinance. Criteria for Application Denial The owner of rental housing developments must establish criteria for denial of rental applicants and provide the denial criteria to applicants prior to submittal of the application. The City of Lino Lakes does not establish "denial criteria ", but does provide a list of recommended denial criteria. Below is a list of recommended denial criteria: Conviction of any violent related Felony within the last seven years. Two or more violent - related Gross Misdemeanor convictions within the past seven years. Three or more violent- related or disorderly conduct Misdemeanor convictions within the last seven years. Any conviction for selling a controlled substance within the last seven years. Two or more convictions for possession of a controlled substance within the last seven years. Any eviction from a prior rental unit within the last three years for criminal behavior, disorderly conduct, public nuisance or related activity. Any convictions for a sex - related offense with the last "seven years. This includes "indecent exposure ", "window peeping ", "sexual assault ", "child molestation ", and "child pornography ". False "personal" information on the application, i.e. name, date of birth, social security number, prior addresses. Enforcement and Inspection Authority The Director of Public Safety and his /her designated agents and /or the Director of Community Development and his /her designated agents shall be the Compliance Official who shall administer and enforce the provisions of this program and who is hereby authorized to inspect records to ensure compliance with program provisions. • • • • • 1st Reading: Published: 2 "tl Reading: Effective: To County Recorder Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. -07 AMENDING THE CITY CODE BY ADDING A NEW CHAPTER 1009 RELATED TO HOUSING MAINTENANCE CODE The City Council of The City of Lino Lakes do ordain as follows: Section 1. That the Lino Lakes Code of Ordinances be amended by adding thereto a new Chapter 1009 to read as follows: CHAPTER 1009. HOUSING MAINTENANCE CODE General Conditions 1009.01 Scope of Chapter. Every portion of a building or premises used or intended to be used for residential purposes shall comply with the provisions of this Chapter irrespective of when the building was constructed, altered, or repaired. Any alterations or changes of use which may be caused directly or indirectly by the enforcement of this Code shall be done in accordance with applicable sections of the Building Code and Zoning Code. Rest homes, convalescent homes, nursing homes, hotels, and motels shall be exempted from compliance with this Chapter. 1009.02 Assurance of Rental Housing. It is the purpose of this Chapter to assure that rental housing in the City is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Operators are responsible to take such reasonable steps as are necessary to assure that the citizens who occupy the units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and sanitary; free from crimes and criminal activity, noise, nuisances or annoyances; free from unreasonable fears about safety of persons and security of property; and suitable for raising children. 1009.03 Pre - Existing Dwellings and Multiple Dwellings. This Chapter establishes minimum standards for the initial and continued occupancy of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration, or use of building equipment or facilities. 1009.04 Definitions. Terms not defined in this Section shall be as defined in the Building Code or Zoning Code. Further, terms not defined in this Section nor in the Building Code or Zoning Code shall have the ordinary and accepted meanings as the context shall require. The definitions in this Section shall apply when these words and phrases are used in this Chapter. Approved. As applied to a material, device, or method of construction as approved by the Enforcement Officer under the provisions of this Chapter or approved by another authority designated by law to give approval in the matter in question. Basement. The portion of a building between floor and ceiling which is partly below and partly above grade but so located that the vertical distance from grade to floor below is less than the vertical distance from grade to ceiling. Building Code. The State Building Code in its entirety as adopted by the city, including any future amendments. Cellar. The portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to floor below is equal to or greater than the vertical distance from grade to ceiling. Dwelling. Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes. Dwelling Unit. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Enforcement Officer. A representative of the City responsible for the enforcement of the provisions of this Chapter. Exterior Property Areas. Open space on the premises under the control of the owners or operators of the premises. 2 • • • • Extermination. The control and elimination of insects, rodents, or other pests by: (1) Eliminating their harborage places. (2) Removing or making inaccessible materials that may serve as their feed. (3) Poison spraying, fumigating, trapping, or another recognized and legal pest elimination method. Family. A group of one or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a boardinghouse, lodging house, hotel, or motel. Grade. The surface of the ground or surface ground after completion of any change in contour. Gross Floor Area. The sum of the horizontal areas of the several floors of all buildings on a lot as measured from the exterior faces of exterior walls or from the center line of walls separating two buildings. Habitable Room. A room occupied by one or more persons used or intended for living, cooking, eating, or sleeping purposes. This definition does not include bathrooms, closets, water closet compartments, laundries, serving and storage pantries, corridors, cellars, and spaces that are not used frequently or during extended periods. Infestation. The presence of insects, rodents, vermin, or other pests within or contiguous to a multiple dwelling, dwelling unit, rooming house, rooming unit, or premises. Multiple Dwelling. A building or portion thereof containing two or more dwelling units. Occupant. Any person over one year of age living and sleeping in a dwelling unit or having actual possession of the dwelling or rooming unit. Openable Area. That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. Operator. Any person who has charge, care, or control of a multiple residence or rooming house in which dwelling units or rooming units are let or offered for occupancy. Owner. (1) Owner or owners of the freehold of the premises or lessor estate therein; (2) A mortgagor or vendee in possession, assignee of rents, receiver, executor, trustee, lessee; or (3) Other person in control of a building, including their managers and agents. Plumbing or Plumbing Fixtures. Water heating facilities, water pipes, gas pipes, garbage disposal units, water closets, waste pipes, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machine, or other similar equipment, catch basins, drains, vents, or other similarly supplied fixtures, together with all connections to water, gas, sewer, or vent lines. Premises. A lot, plot, or parcel of land including the building or structures thereon. Residence Building. A building in which sleeping accommodations or sleeping accommodations and cooking facilities as a unit are provided. Rooming House. A residence building or any part thereof containing one or more rooming units in which space is let by the owner or operator to persons who are not the husband, wife, son, daughter, mother, father, sister, or brother of the owner or operator. Rooming Unit. Any room or group of rooms forming a single habitable unit which is used or intended to be used for living and sleeping but not for cooking or eating purposes. Supplied. Installed, furnished, or provided by the owner or operator. Workmanlike state of maintenance and repair. Maintenance and repair shall be made in a reasonably skillful manner. Yard. All ground, lawn, court, walk, driveway or other open space constituting part of the same premises as a residence building. Ventilation. The process of supplying and removing air by natural or mechanical means to or from any space. Zoning Code. Zoning ordinances as adopted by the city including any future amendments. 1009.05. Enforcement Officer. City personnel or their designees shall be responsible for enforcement of the provisions of this Chapter. Authorized representatives include but are not limited to Building Official, Fire Chief or his designee and Police Chief or his designee. 1009.06. Inspection of Dwellings. (1) The Enforcement Officer shall be authorized to make inspections to determine the condition of dwellings, multiple dwellings, dwelling units, rooming houses, 4 • • rooming units, and premises in order to safeguard the health, safety, morals, and welfare of the public. (2) The Enforcement Officer, or the Officer's designated representative, shall be authorized to enter any dwelling, dwelling unit, multiple dwelling, rooming house, or premises at any reasonable time to perform the duties prescribed under this Chapter. The owner, operator, or occupant shall give the Enforcement Officer free access to the entire area for the purpose of completing an inspection, examination, or survey. The license shall be revoked if the Enforcement Officer is not permitted access. (3) A search warrant may be obtained when the occupant refuses to consent to the inspection where: (a) There is probable cause to believe a violation exists within the particular structure; or (b) A determination has been made to conduct periodic inspections of certain areas of the City. (4) No warrant is needed for entry where an emergency condition exists which endangers persons or property and insufficient time is available to obtain a warrant and protect endangered persons or property. (5) Entry under this Section is subject to Minnesota Statutes, Section 504B.211. • 1009.07. Annual Inspections of Multiple Dwellings. The Enforcement Officer shall inspect the premises of all multiple dwelling buildings at least once a year to insure compliance with this Chapter. 1009.08. Access by Owner of Multiple Dwellings. • Every occupant of a dwelling unit or rooming unit shall give the owner or operator access to any part of the dwelling unit, rooming unit, or its premises at reasonable times for inspections, maintenance, and making such repairs or alterations as may be necessary to comply with the provisions of this Chapter. 1009.09. Notice of Violation. (1) Written Notice. When any violation of this Chapter shall come to the attention of the Enforcement Officer, written notice shall be provided to the licensee or if no license has been issued, notice shall be provided to the owner, operator, or occupant of the premises. Notice shall be by United States mail at the last known address of such person and notice shall also be posted in at least one conspicuous place upon the premises where the violation exists. (2) Time to Correct. The notice shall give the alleged violator a specified number of days, not exceeding thirty days, to correct the violation. The Enforcement Officer shall have the authority to extend the time to correct the violation upon good cause being shown. (3) Prosecution. Prosecution for any violation of this Chapter shall not be commenced unless the notice as provided in this Section has been provided and the cited violation has not been remedied within the time specified. Failure to receive the notice shall not be a defense in any prosecution. (4) Re- inspection Fee. A fee shall be charged for all re- inspections required because of a violation that is not corrected by the time specified in the written notice. The fee shall be established by resolution. Minimum Standards 1009.20. Exterior Property Areas. (1) Compliance. No person shall occupy as owner - occupant or let to another for occupancy any dwelling unit, multiple dwelling, rooming house, rooming unit, or portion thereof for the purpose of living, sleeping, cooking, or eating therein which does not comply with the provisions of this Division. (2) Sanitation. All exterior property areas shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage. (3) Grading and Drainage. All premises shall be graded and maintained to prevent the accumulation of stagnant water on the premises or within any building or structure located thereon. (4) Noxious Weeds. All exterior property areas shall be kept free from species of weeds or plant growth that are noxious or detrimental to the public health. (5) Insect and Rodent Harborage. (a) Every owner and occupant of a structure containing two or more dwelling units shall be responsible for the extermination of insects, rodents, vermin, or other pests in all exterior areas of the premises. The owner shall be responsible for extermination when infestation exists in the shared or public parts of the premises. (b) In the case of a single family structure, the occupant shall be responsible for the extermination of insects, rodents, and vermin in all exterior property areas. (6) Accessory Structures. All accessory structures including detached garages shall be maintained, structurally sound, and in good repair. 6 • • • • (7) Unoccupied Structure. The owner of every unoccupied dwelling or multiple dwelling shall be responsible for the maintenance of exterior property areas required under this Division. 1009.21 Exterior of Structures. (1) Compliance. No person shall occupy as owner - occupant or let to another for occupancy any dwelling unit, multiple dwelling, rooming house, rooming unit, or portion thereof for the purpose of living, sleeping, cooking, or eating therein that does not comply with the provisions of this Division. (2) Foundations, Walls, and Roofs. Every foundation, exterior wall, roof, and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair. (a) The foundation elements shall adequately support the building at all points. (b) Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, falling or loose stucco or brick, and any other conditions that might admit rain or dampness to the interior portions of the walls or to the exterior spaces of the multiple dwelling. (c) The roof shall be tight and have no defects that admit rain. Roof drainage shall be adequate to prevent rain water from causing dampness in the walls. (3) Stairs, Porches, and Railings. (a) Every outside stair, porch, and appurtenance attached thereto shall be constructed so as to be safe for use and capable of supporting a load as determined in the Building Code. These areas shall be kept in sound condition and good repair. (b) Every flight of stairs shall have hand rails that are located as provided by the Building Code. (c) Every porch which is more than thirty inches above grade shall have rails so located and capable of restraining a horizontal pressure as determined by the Building Code. (d) Every rail and balustrade shall be firmly fastened and maintained in good condition. (4) Windows, Doors, and Hatchways. Every window, exterior door, and basement hatchway shall be substantially tight and shall be kept in sound condition and repair. (a) Every window shall be fully supplied with window panes that are without open cracks or holes. (b) Every window sash shall be in good condition and fit reasonably tightly within its frame. (c) Every window, other than a fixed window, shall be capable of being easily opened and shall be held in an open or closed position by window hardware. (d) Every exterior door, door hinge, and door latch shall be in good condition. (e) When closed, every exterior door shall fit reasonably well within its frame. (f) Every window, door, and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain and substantially exclude wind from entering the dwelling or multiple dwelling. (g) Every basement hatchway shall be constructed and maintained so as to prevent the entrance of rodents, rain, and surface drainage water into the dwelling or multiple dwelling. (h) Every door available as an exit shall be capable of being opened easily and without the use of a key from the inside. 1009.22 Interior Structures. (1) Compliance. No person shall occupy as owner - occupant or let to another for occupancy any dwelling, multiple dwelling, rooming house, rooming unit, or portion thereof for the purpose of living, sleeping, cooking, or eating therein which does not comply with the provisions of this Division. (2) Free from Dampness. All cellars, basements, and crawl spaces shall be maintained reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure. (4) Structural Members. The supporting structural members shall be maintained structurally sound and show no evidence of deterioration. The Toad bearing capability shall be as required by the Building Code. (5) Interior Stairs and Railings. (a) All interior stairs shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped, or loose. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting a load as determined by the Building Code. (b) Every stairwell and every flight of stairs shall have hand rails or railings as required by the Building Code. (c) Every hand rail or railing must be firmly fastened and must be maintained in good condition. Properly balustraded railings capable of bearing normally imposed Toads as determined by the Building Code shall be placed in the open portions of the stairs, balconies, landings, and stairwells. 8 • • • (6) Bathroom Floors. Every toilet room floor surface and bathroom floor surface shall be constructed and maintained to be impervious to water and to permit the floor to be easily kept in a clean and sanitary condition. (7) Sanitation. The interior shall be maintained in a clean and sanitary condition and free from accumulation of rubbish or garbage. (8) Insect and Rodent Harborage. (a) Every owner of a structure containing two or more dwelling units shall be responsible for the extermination of insects, rodents, vermin, or other pests wherever infestation exists in two or more dwelling units or in the shared or public parts of the structure. (b) The occupant of a dwelling unit in a dwelling or multiple dwelling shall be responsible for extermination within that unit when it is the only one infested. (c) Whenever infestation of rodents is caused or permitted by failure of the owner to maintain the dwelling or multiple dwelling in a rodent proof condition, extermination of the rodents shall be the responsibility of the owner. (9) Interior Walls, Floors, Ceiling, and Woodwork. All interior walls, floors, ceilings, and associated woodwork or trim must be maintained in a sound condition and workmanlike repair. 1009.23. Basic Facilities. (1) Compliance. No person shall occupy as owner - occupant or let to another for occupancy any dwelling unit, multiple dwelling, rooming house, rooming unit, or portion thereof for the purpose of living, sleeping, cooking, or eating that which does not comply with the provisions of this Division. (2) Water Closet. Every dwelling unit shall contain within its walls a room that affords privacy and is equipped with a water closet and is separate from the habitable rooms. (3) Lavatory. Every dwelling unit shall contain a lavatory that, when a water closet is required, shall be in the same room with the water closet. (4) Bathtub or Shower. Every dwelling unit shall contain a room that affords privacy to a person in the room and that is equipped with a bathtub or shower. (5) Kitchen Sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory requirement in Section 1009.23, subd 3. (6) Connection to Water and Sewer System. Every required kitchen sink, lavatory basin, bathtub, shower, and water closet shall be properly connected to either a public water and sewer system or to an approved private water and sewer system and shall be supplied with hot and cold running water. (7) Water Heating Facilities. Every dwelling or unit shall be supplied with water heating facilities which shall be: (a) Installed in an approved manner, properly maintained, and properly connected with hot water lines. (b) Capable of heating and delivering water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower, and laundry facilities or other similar units at a temperature of not less than 130 degrees Fahrenheit (54 degrees Celsius) at any time needed. (8) Heating Facilities. (a) Every dwelling and multiple dwelling unit shall have heating facilities. (b) The owner shall be required to see that the heating facilities are properly installed, safely maintained, and in good working condition. (c) The owner shall ensure that the facilities are capable of safely and adequately heating all habitable rooms, bathrooms, and toilet rooms to a temperature of at least eighty degrees Fahrenheit (27 degrees Celsius) with an outside temperature of minus twenty degrees Fahrenheit (minus 29 degrees Celsius). The heating facilities shall be capable of maintaining a minimum room temperature of sixty -eight degrees Fahrenheit (20 degrees Celsius) at three feet above the floor in all habitable rooms including bathrooms and toilets at all times when rented. (9) Operation of Heating Facility and Incinerator. Every heating or water heating facility must be installed and operated in accordance with the requirements of the Building Code. 1009.24. Installation and Maintenance. (1) Compliance. No person shall occupy as owner - occupant or let to another for occupancy any dwelling, multiple dwelling, rooming house or rooming unit, or portion thereof for the purpose of living, sleeping, cooking, or eating therein that does not comply with the provisions of this Division. (2) Plumbing Fixtures. Every water line, plumbing fixture, and drain shall be: (a) Properly installed, connected, and maintained in working order; (b) Kept free from obstructions, leaks, defects; and (c) Capable of performing the function for which it was designed. (d) Repairs and installations shall be made in accordance with the provisions of the Building Code. (3) Plumbing Systems. Every stack, waste, and sewer line shall be installed and maintained so as to function properly and be kept free from obstructions, leaks, and defects to prevent structural 10 • 0 deterioration or a health hazard. All repairs and installations shall be made in accordance with provisions of the Building Code. (4) Heating Equipment. Every space heating, cooking, and water heating device located in a dwelling or multiple dwelling shall be properly installed, connected, maintained, and capable of performing the function for which it was designed in accordance with the provisions of the Building Code. (5) Electrical Service, Outlets, and Fixtures. (a) All residential structures and dwelling units shall be supplied with electrical service that is adequate to safely meet the electrical needs of the structure and dwelling units in accordance with the provisions of the Building Code. (b) Every electrical outlet and fixture shall be installed, maintained, and connected to the source of electrical power in accordance with the provisions of the Building Code. (6) Maintenance of Facilities and Equipment. (a) All required equipment and all building space and parts in all dwelling units shall be constructed and maintained to properly and safely perform their intended function in accordance with the provisions of the Building Code. (b) All housing facilities shall be maintained in a clean and sanitary condition so as to not breed insects and rodents or produce dangerous or offensive gases or odors. 1009.25. Light and Ventilation. (1) Light and Ventilation. No person shall occupy as owner - occupant or let to another for occupancy any dwelling, multiple dwelling, rooming house, or rooming unit, or portion thereof for the purpose of living, sleeping, cooking, and eating therein that does not comply with the provisions of this Division. (2) Natural Light in Habitable Rooms. (a) Every habitable room shall have at least one window of approved size facing directly to the outdoors or to a court. If the room is connected to a room or area used seasonally, such as a porch, then adequate daylight must be possible through this inter - connection. (b) The minimum total window area measured between stops for every habitable room shall be eight percent of the floor area of the room. (c) Whenever walls or other portions of like obstructions are located less than three feet from the window and extend to a level above that of the ceiling of the room, the window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the minimum total window area. 11 (3) Natural Light in Non - Habitable Rooms. Every room, other than a habitable room, used or occupied by persons shall comply with the provisions of this Section. This Section shall not apply to a room with infrequent occupancy. (a) The room shall be provided with at least one window opening directly onto a street, court or be equipped with ventilating skylights which comply with the requirements of this Article; or (b) The room shall be provided with an approved means of mechanical ventilation. (4) Light in Non - Habitable Work Space. Every laundry, furnace room, and similar non - habitable work space shall have at least one functioning electric light fixture available at all times. (5) Light in Public Halls and Stairways. Every public hall and inside stairway shall be adequately lighted at all times with an illumination of at least one foot candle per square foot in the darkest portion of the normally traveled stairs and passageways. (6) Electric Outlets Required. Every habitable room, kitchen, public hall, water closet compartment, bathroom, laundry room, and furnace room shall have the minimum number of electrical outlets and electrical lighting fixtures as provided for in the Building Code. (7) Adequate Ventilation. Every habitable room shall have at least one window which can be easily opened or such other device as will adequately ventilate the room. A total openable window area in every habitable room shall be equal to at least fifty percent of the minimum window area size required in Section 1009.25 except where mechanical ventilation is provided in accordance with the provisions of the Building Code. (8) Bathrooms and Water Closets. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Sections 1009.25, subd 3 and 7 except that no window shall be required in bathrooms or water closet compartments equipped with an approved ventilation system. 1009.26. Fire Safety. (1) Compliance. No person shall occupy as owner - occupant or shall let to another for occupancy any dwelling, multiple dwelling, rooming house, rooming unit, or portion thereof for the purpose of living, sleeping, cooking, or eating therein that does not comply with the applicable provisions of the City's Fire Prevention Code and the following additional standards for safety. (2) Flammable Liquid Prohibited. No residence building or rooming unit shall be located within a building containing a business that handles, dispenses or stores 12 • • • flammable liquids with a flash point of 110 degrees Fahrenheit (43 degrees Celsius) as defined by the National Board of Fire Underwriters. (3) Exits. Compliance with the exit provisions of the Building Code is required (4) Cooking and Heating Equipment. All cooking and heating equipment, components, accessories, and devices shall be maintained free from leaks and obstructions and kept functioning properly to be free from fire, health, and accident hazards. All installations and repairs shall be made in accordance with the regulations of the Building Code. 1009.27 Occupant Responsibilities. (1) Cleanliness. Every occupant of a dwelling unit shall keep that part of the dwelling unit and premises which the occupant occupies, controls, or uses in a clean and sanitary condition. (2) Disposal of Rubbish. Every occupant of a dwelling unit shall dispose of all rubbish in a clean and sanitary manner. (3) Use and Operation of Supplied Plumbing Fixtures. Every occupant of a dwelling unit shall keep the supplied plumbing fixtures clean and sanitary and shall be responsible for the exercise of reasonable care in the proper use and operation of the fixtures. (4) Plumbing Fixtures Furnished by Occupant. Every plumbing fixture furnished by the occupant shall be properly installed and maintained in good working condition. The fixtures shall be clean, sanitary, and free from defects, leaks, or obstructions. 1009.28. Rooming Houses. (1) Compliance. No person shall operate a rooming house or shall occupy or let to another for occupancy a rooming unit in a rooming house except in compliance with the provisions of this Division. (2) Water Closet, Hand Lavatory, and Bath Facilities. (a) At least one water closet, lavatory basin, and bathtub or shower shall be supplied for each four rooms within a rooming house wherever these facilities are shared. (b) The facilities shall be properly connected to an approved water and sewer system and shall be maintained in good working condition. (c) Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. (d) All shared facilities shall be located within the residence building being served and shall be directly accessible by all persons sharing the facilities from a common hallway or passageway. 13 (3) Bathroom Enclosures. Every water closet, flush urinal, lavatory basin, and bathtub or shower required by Section 1009.23 shall be located within the rooming house in a room or area that: (a) Affords privacy and is separate from the habitable rooms; and (b) Is accessible from a common hall without going outside the rooming house. (4) Minimum Floor Area for Sleeping Purposes. Every room occupied for sleeping purposes by one person shall contain at least seventy square feet of floor area. Every room occupied for sleeping purposes by two or more persons shall contain at least fifty square feet of floor area for each occupant. (5) Bed Linens and Towels. The operator of a rooming house shall change the supplied bed linens and towels at least once a week and prior to the letting of any room to another occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner. (6) Window Coverings. The window of each rooming unit shall be supplied with shades, drawn drapes, or other devices or materials that will afford privacy to the occupant of the rooming unit when properly used. (7) Responsibilities of Operator. The operator of a rooming house shall be responsible for: (a) The sanitary maintenance of all walls, floors, and ceilings and every other part of the rooming house. (b) The sanitary maintenance of the entire premises when the entire structure or building is leased or occupied by the operator. Licenses 1009.40. Required. No person shall allow to be occupied or let to another for occupancy units in a multiple dwelling for which a license has not been granted by the City. There shall be two types of licenses: regular and provisional. 1009.41. Application. (1) Before any license shall be issued or renewed, the owner shall complete an application. The following persons shall be authorized to sign and submit the application: (a) If the owner is a natural person, by the owner thereof. (b) If the owner is a corporation, by an officer thereof. (c) If the owner is a partnership, by a partner thereof. 14 • • • • (2) The registration statement shall be made on forms prescribed by the City and shall include: (a) The name and address of the owner of the multiple dwellings. (b) The name and address of any operator or agent actively managing the multiple dwelling. (c) If the operator or agent is a business entity, the application shall include the names, telephone numbers, and addresses of individuals who will be involved in such management, together with a description of the scope of services and manner of delivering these services by the manager. (d) If the registrant is a partnership, the name and address of all partners. (e) If the registrant is corporation, the name and address of all officers. (f) If the multiple dwelling is being sold on a contract for deed, the name and address of the vendees. (g) The legal address of the multiple dwelling. (h) The number of toilet and bath facilities shared by the occupants of two or more units. (i) The number and kinds of units within the multiple dwelling. (j) The height of the multiple dwelling in stories. (k)The construction of the exterior of the building. (I) The total floor area of the building. (m) The total area provided on premises for off - street parking. (n) An application for a provisional license shall include information as required by Section 1009.47. 1009.42. License Fees. The license fees shall be as provided in the fee schedule ordinance. The license fees shall be established by resolution. (1) A license fee shall be collected for each unit in a multiple dwelling. (2) If an application is made less than 45 days before the beginning date of the license period applied for then the fee shall be accompanied by an additional amount equal to 100 percent of such license fee. The additional amount shall be a penalty for a late application. (3) The license fee will be reduced for participation in the Safer Tenants and Rentals Program at the following rates: Level "C" certification — 25% Level "B" certification — 50% Level "A" certification — 75% 1009.43. License Issuance. 15 The City shall issue a license if the building and the application are found to be in compliance with the provisions of this Chapter provided that all real estate taxes and municipal utility bills for the premises have been paid. Real estate taxes will not be considered to be due and unpaid for purposes of this Section while a proper and timely appeal of such taxes is pending and is diligently pursued to completion by the landowner. 1009.44. Posting of License. The licensee shall post the receipted copy of the license in a conspicuous public corridor or hallway or lobby of the licensed multiple dwelling. The license shall be displayed in a frame with a glass covering. 1009.45. Renewal of License. The license period shall commence either on March 1 or September 1. A regular license will be issued for a period of one year. A provisional license shall be issued for a period of six months. 1009.46. Transfer of License. • A license is transferable for a fee to any person who has actually acquired legal ownership of licensed premises. The transfer shall be effective for the unexpired portion • of the license period provided that the transfer application is filed with the City prior to the actual change of legal ownership and the transferee is not disqualified from holding the license due to prior revocation or suspension of a license. The license shall terminate upon failure to apply for a transfer prior to change of legal ownership. The fee for the transfer shall be established by resolution. 1009.47. Provisional License. (1) Police or Fire Calls. Licensed multiple dwellings that have generated an average of over .5 police or fire calls per dwelling unit in a preceding six month period as specified in this Section shall be eligible only for a provisional license. (a) Police and fire calls that are counted in determining whether a provisional license is required include the following types of calls or events: i. Calls or events listed in Section 1009.47, subd (ii) and (iii) and 1009.49, subd 1. ii. Calls or events categorized as part one crimes in the Uniform Crime Reporting System, including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. iii. Calls or events categorized by the Public Safety Department: miscellaneous juvenile status crimes, liquor offenses or curfew violations; disturbing the peace or harassing communications; property damage; criminal damage to property or trespass; domestic incidents; fire alarms; public disturbance or disorderly conduct; loud party or noise complaints; 16 • • disorderly juveniles; assault in the fifth degree or non - domestic related assaults. The Director of Public Safety shall maintain for public inspection a description of the coding system and a list of the codes and crimes included within each of these categories of calls or events. iv. The Director of Public Safety may determine that multiple incidents shall be counted as a single call in appropriate cases. (b) Calls will not be counted for purposes of determining whether a provisional license is required where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subdivision 2(b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subdivision 2(a). (c) The period of time used to determine whether a provisional license is required is the six month period ending two months before the commencement of the license term, either December 31 or June 30. (d) The City will provide by mail to each licensee a monthly report of calls described in Section 1009.47, subd A, section (ii) and (iii) and Section 1009.49, subd. 1. (2) Resident Manager. Provisional licenses shall only be issued for facilities that have a manager or managers certified in accordance with Section 1000 -162. Managers must be resident managers or on site managers who are on site or available 24 hours a day. (3) Mitigation Plan. The applicant for a provisional license must submit a mitigation plan for the license period for review to the City Council. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls described in Section 1009.47, subd 1 to a level that qualifies for a regular license. The mitigation plan may include such steps as: changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, and security personnel. (4) Decision of City Council. The application and a proposed mitigation plan will be presented to the City Council together with a disposition recommendation by the City Administrator. After giving the applicant an opportunity to be heard and present evidence, the City Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the City Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. (5) Monthly Reports. The licensee shall comply with the approved mitigation plan. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. 1009.48. Manager Certification. 17 (1) To qualify for a provisional licenE;e, the applicant must provide and maintain at least one resident manager or on site managers who are on site or available 24 hours a day and who are certified by this Section. (2) A person may be certified as a resident or on site manager after successfully completing the training program provided or specified by the City. (3) A license may be granted to an applicant who does not currently have a certified resident or on site manager, and a license may continue in effect on the departure of a certified resident manager, on the condition that a resident manager or on site manager shall register for and complete the training program as promptly as is reasonably possible. 1009.49. Conduct on Licensed Premises. (1) Disorderly Premises. The licensee shall be responsible for ensuring that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this Section, a premises is disorderly at which any of the following activities occur: (a) Violation of laws relating to the possession of controlled substances as defined in Minnesota Statutes Section 152.01, Subdivision 4. (b) Violation of Minnesota Statutes, Section 609.72 (Disorderly Conduct) (c) The unlawful sale of intoxicating liquor or 3.2 percent malt liquor. (d) Violation of laws relating to gambling. (e) Violation of laws relating to prostitution as defined in Minnesota Statutes, Section 609.321, Subdivision 9, or acts relating to prostitution. (f) Unlawful use or possession of a firearm or weapon in violation of Minnesota Statutes, Section 609.66, Subdivision Ia, 609.67 or 624.713. (g) Violation of Minnesota Statutes, Section 609.506 (False Info to Police Officer). (h) Violation of Minnesota Statutes, Section 609.705 (Unlawful Assembly). (i) Violation of Minnesota Statutes, Section 609.71 (Riot). (j) Violation of Minnesota Statutes, Section 609.713 (Terrorist Threat). (k) Violation of Minnesota Statutes, Section 609.715 (Presence at Unlawful Assembly). (I) Violation of Minnesota Statutes, Section 609.487 (Fleeing, Other Than Vehicle). (2) Enforcement Authority. The City Administrator shall be responsible for enforcement and administration of this Chapter. Authority to take any action authorized by this Chapter may be delegated to the City Administrator's authorized designee. (3) Notice of Violation. Upon determination by the City that a licensed premises was used in a disorderly manner notice of the violation shall be given to the licensee. 18 • • The notice shall include a directive for the licensee to take steps to prevent further violations. The disorderly manner shall be as defined in Section 1009.49, subd. 9. • (4) Second Instance. If a second instance of disorderly use of the licensed premises occurs within three months of an incident for which a notice was provided as specified in Section 1009.49, subd. 3, the City shall notify the licensee of the violation and shall also require the licensee to submit a written report of the actions taken and proposed to be taken by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the City within five days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three months. (5) Third Instance. If a third instance of disorderly use of the licensed premises occurs within three months after any two previous instances of disorderly use for which notices were provided as specified in Section 1009.49, subd 3 and 4, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this Subsection shall be initiated by the City by giving written notice to the licensee of a hearing before the City Council to consider such denial, revocation, suspension or non - renewal. The written notice shall specify all violations and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than ten days and no more than thirty days after giving the notice. (6) Action of the City Council. Following the hearing, the City Council may deny, revoke, suspend, or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this Section. (7) Instances Defined. For purposes of this Section, second and third instances of disorderly use shall be those which: (a) Occur at the same rental unit; or (b) Involve tenants at the same rental unit; or (c) Involve guests or invitees at the same rental unit; or (d) Involve guests or invitees of the same tenant; or (e) Involve the same tenant. (8) Eviction Proceedings. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this Section may be postponed or 19 discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. (9) Evidence of Disorderly Manner. A determination that the licensed premises have been used in a disorderly manner as described in Section 1009.49, subd 1 shall be made upon substantial evidence to support this determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use nor shall the fact or dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this Section. (10) Serving of Notice. All notices given by the City under this Section shall be personally served on the licensee, sent by registered mail to the licensee's last known address, or, if neither method of service effects notice, by posting the notice in a conspicuous place on the licensed premises . (11) Council Action Not Exclusive. Enforcement actions provided in this Section shall not be exclusive. The City Council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by the City Code or State law 1009.50. Suspension, Revocation, Denial and Non - Renewal of a License. (1) Reason for Action. The Council may revoke, suspend, deny or decline to renew any license issued under this Chapter upon any of the following grounds : (a) False statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. (b) Failure to pay any application, penalty, re- inspection, or reinstatement fee required by this Chapter and resolution. (c) Failure to correct deficiencies noted in notices of violation in the time specified in the notice. (d) Failure to comply with the provisions of an approved mitigation plan in the case of provisional licenses. (e) Any other violation of this Chapter. (2) Applicable Sections. Revocation, suspension, and non - renewal may be brought under either this Section or Section 1009.49, subd 6, or both. (3) Regular License. A regular license shall be revoked, if at mid term, or not renewed, if at the end of a term, upon a finding that the premises are only eligible for a provisional license as provided in Section 1009.47. (4) Written Notice. A decision to revoke, suspend, deny or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefore and the applicant or licensee will be given an opportunity for a hearing before the City Council before final action to revoke, suspend, deny, or not renew a license. (5) Action of City Council. The City Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or 20 • • • • • • 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. The City Council may suspend or revoke a license or not renew a license for part or all of a facility . (6) Reinstatement of License. Upon a decision to revoke, deny, or not renew a license, no new application for the same facility will be accepted for a period of time specified in the written decision of the City Council, not exceeding one year. Such new applications must be accompanied by a reinstatement fee, as specified by ordinance, in addition to all other fees required by this Chapter. (7) No New Rentals. 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 rental units becoming vacant in such part or parts of the facility may be re -let or occupied. Revocation, suspension or non - renewal of a license shall not excuse the owner from compliance with all terms of this Chapter for as long as any units in the facility are occupied. (8) Failure to Comply. Failure to comply with all terms of this Chapter during the term of revocation, suspension, or non - renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non - renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non - renewal specified in the City Council's written decision or in Section 1009.50, subd 6. 1009.51. No Retaliation. No licensee shall evict, threaten to evict, or take any other punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity, suspected criminal activity, suspicious occurrences, or public safety concerns. This Section shall not prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations or lease terms other than a prohibition against contacting law enforcement agencies. 1009.52. Recycling Services Required. Owners of multiple dwellings licensed under this Article must provide recycling collection services to all residents of the dwelling. Such collection services must include acceptance of all materials designated as recyclable. Licensees must ensure that all recyclables are delivered to a recycling facility for the purpose of recycling. Licensees must provide information regarding recycling collection services as required by the City. 1009.60 Key Boxes. Security Devices 21 (1) Purpose. In cases of fire, medical or public safety emergencies, it is vital that police officers be able to gain access to locked areas of multiple dwelling buildings whether or not a caretaker is present. In an emergency response situation there is insufficient time to locate a person serving as a key holder. Use of key boxes will minimize the damage to doors and windows and provide a more efficient means of emergency access to locked buildings by public safety personnel, thereby enhancing the safety and security of the building's occupants. (2) Requirements. Where access to a multiple dwelling building is restricted because of secured entrances, the Department of Public Safety is authorized to require a key box to be properly installed and maintained in an accessible location as close as possible to the main entrance door. The key box must not be located at a height over six (6) feet above the finished grade but high enough to prevent water and snow from entering or blocking it. The key box installation must be approved by the Department of Public Safety. The key box shall be of an approved type and shall contain keys to gain access as required by the Director of Public Safety. Effective Date 1009.70. Effective Date and Enforcement. The provisions of this Chapter shall be effective thirty (30) days after publication for all new construction. All existing buildings within the City to which this Chapter applies must be in compliance with its terms within six (6) months of its effective date. 22 • WS — Item 10 WORK SESSION STAFF REPORT Work Session Item 10 Date: Council Work Session, July 2, 2007 To: City Council From: Gordon Heitke Re: VLAWMO JPA Amendments /Budget Update Background The VLAWMO Board is considering establishing a storm water utility as a means of generating revenue rather than relying on annual general fund appropriations from its member units. This change will require an amendment to the current joint powers agreement between members. Discussions are also continuing as to whether the JPA will have to be modified, as being requested by the state oversight agency, the Board of Water and Soil Resources (BWSR), to give final authority to the VLAWMO board for setting budgets, rather than approval by the governing body of each member. Council member/VLAWMO board member Carlson will update the Council as to the latest information on the JPA discussions and proposed 2008 budget. Requested Council Direction Council member Carlson is looking to update the rest of the Council on the VLAWMO issues and discussions and may be seeking the Council's position on some issues