Loading...
HomeMy WebLinkAbout07/26/2022The City Council is meeting as a legislative body to conduct the business of the City according to Robert's Rules of Order and the Standing Rules of Order and Business of the City Council. Unless so ordered by the Mayoi, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. CALL TO ORDER THE LAUDERDALE CITY COUNCIL MEETING 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the July 12, 2022 City Council Meeting c. Claims Totaling $19,535.87 4. CONSENT 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. Day in the Park b. Primary Election and Candidate Filing c. City Council Updates 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. a. Oidinance No. 22 04 Regarding Administrative Citations b. Resolution No. 072622A - Authorizing Publication of Ordinance No. 22-04 by Title and Summary. c. Ordinance No. 22-05 Regarding Public Safety Repeat Nuisance Call Service Fees d. Resolution No. 072622B — Authorizing Publication of Ordinance No. 22-05 by Title and Summary. e. Ordinance No. 072622C — Interim Oidinance Authorizing Studies and Imposing a Moratorium on the Sale of Cannabis Products f. Resolution No. 072622C - Authorizing Publication of Ordinance No. 22-06 by Title and Summary. 8. DISCUSSION / ACTION ITEM a. Resolution No. 072622D — Amending the 2022 Fee Schedule b. 2023 General Fund Budget Overview 9. ITEMS REMOVED FROM THE CONSENT AGENDA LAUDERDALE CITY COUNCIL MEETING AGENDA 7:00 P.M. TUESDAY, JULY 26, 2022 LAUDERDALE CITY HALL, 1891 WALNUT STREET The City Council is meeting as a legislative body to conduct the business of the City according to Robert's Rules of Order and the Standing Rules of Order and Business of the City Council. Unless so ordered by the Mayoi, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. CALL TO ORDER THE LAUDERDALE CITY COUNCIL MEETING 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the July 12, 2022 City Council Meeting c. Claims Totaling $19,535.87 4. CONSENT 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. Day in the Park b. Primary Election and Candidate Filing c. City Council Updates 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. a. Oidinance No. 22 04 Regarding Administrative Citations b. Resolution No. 072622A - Authorizing Publication of Ordinance No. 22-04 by Title and Summary. c. Ordinance No. 22-05 Regarding Public Safety Repeat Nuisance Call Service Fees d. Resolution No. 072622B — Authorizing Publication of Ordinance No. 22-05 by Title and Summary. e. Ordinance No. 072622C — Interim Oidinance Authorizing Studies and Imposing a Moratorium on the Sale of Cannabis Products f. Resolution No. 072622C - Authorizing Publication of Ordinance No. 22-06 by Title and Summary. 8. DISCUSSION / ACTION ITEM a. Resolution No. 072622D — Amending the 2022 Fee Schedule b. 2023 General Fund Budget Overview 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING (AUGUST 8) a. June Financial Report b. 2023 General Fund Budget c. Eustis Street South of Larpenteur Avenue Reconstruction Planning by Ramsey County Staff (August 23) 12. WORK SESSION a. Community Development Update b. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to three (3) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. 13. ADJOURNMENT To provide public comments, join us via Zoom. You are invited to a Zoom webinar. When: Jul 26, 2022 07:00 PM Central Time (US and Canada) Topic: July 26, 2022 Lauderdale City Council Webinar Please click the link below to join the webinar: https://us02web.zoom.us/j/88931596765?pwd=c0tRQ2h4Z 1 R3TFd6bkY5RVpHZk1PUTO9 Passcode: 526040 Or One tap mobile : US: +16469313860„88931596765# or +13017158592„88931596765# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 646 931 3860 or +1 301 715 8592 or +1 312 626 6799 or +1 646 558 8656 or +1 669 900 9128 or +1 253 215 8782 or +1 346 248 7799 or +1 386 347 5053 or +1 564 217 2000 or +1 669 444 9171 or 888 788 0099 (Toll Free) or 833 548 0276 (Toll Free) or 833 548 0282 (Toll Free) or 877 853 5247 (Toll Free) Webinar ID: 889 3159 6765 International numbers available: https://us02web.zoom.us/u/kdcuoXzgv2 LAUDIh,RDALF CITY COUNCIL META/TING MINUThS L auderdale City Hall 1891 Walnut Street L auderdale, MN 55113 P age 1 of 3 July 12, 2022 Call to Order Mayor Pio Tem Moffatt called the Regular City Council meeting to order at 7:00 p.m. Roll Call Councilors present: Jeff Dains, Roxanne Grove, Duane Pulford and Mayor Pro Tem Andi Moffatt. Councilor absent: Mayor Mary Gaasch. Staff present: Heather Butkowski, City Administrator; and Jim Bownik, Assistant to the City Administrator. Approvals Mayoi Pro Tem Moffatt asked if there were any additions to the meeting agenda. There being none, Councilor Grove moved and seconded by Councilor Darns to approve the agenda. Motion carried unanimously. Mayor Pro Tem Moffatt asked if there were any corrections to the minutes of the June 28, 2022 city council meeting. There being none, Councilor Dains moved and seconded by Councilor Grove to approve the minutes of the June 28, 2022 city council meeting. Motion carried unanimously. Mayor Pro Tem Moffatt asked if there were any questions on the claims. There being none, Councilor Grove moved and seconded by Councilor Dains to approve the claims totaling $133,565.28. Motion carried unanimously. Informational Presentations/Reports A. Day in the Park Assistant to the City Administrator Bownik gave an update on the food, games, music and events that will take place at Lauderdale's annual Day in the Park event. The event will take place on Thursday, July 21 at Lauderdale Community Park. B. Primary hlection and Candidate Filing Administrator Butkowksi stated that early voting for the state primary election started at City Hall. She shared that mail -in ballots can be obtained at mnvotes.org. Filing for City offices starts on August 2 and runs until August 16. There will be two city council seats, as well as the mayoral seat up for reelection. LAUDERDALF, CITY COUNCIL MF,F?TING MINUTE'S L auderdale City Hall 1891 Walnut Street L auderdale, MN 55113 P age 2 of 3 July 12, 2022 C. City Council Updates Councilor Pulford stated that the retaining wall at Lauderdale Community Park is deteriorating. B utkowski said the new concrete blocks were purchased and staff planned on installing them soon. P ublic Hearings A. Annual Stoimwater Pollution Pievention Plan Public Hearing Annually, the City must report on its storm water efforts as one of the requirements of our Municipal Separate Storm Sewer System (MS4) permit. A copy of the 2021 annual report submitted to the Minnesota Pollution Control Agency (MPCA) was in the packet. Mayor Pro Tem Moffatt opened the floor for public comment on our storm water program at 7A0 p.m. There being no one interested in speaking, Moffatt closed the floor at 7:11 p.m. Discussion/Action Item A. Draft Administrative Citation Ordinance B . Draft Public Safety Repeat Nuisance Call Service Fees Ordinance B utkowski explained that staff worked with the City attorney on two draft ordinances. The first ordinance was related to administrative citations. This alternative to the criminal court system would address some code violations such as rank growth, debris, zoning issues, and pet licensing. The second ordinance would fine property owners for overuse or misuse of public safety services. She said in practice, these two ordinances would work together to address problem properties. Often the pioperties that fail to mow their yard or keep pets secured also generate excessive police calls foi conduct issues on the property. If adopted, the City Council must set fines for the administrative citations. Staff provided examples fiom Roseville and Cambridge foi comparison purposes. The City Council discussed the drafts and recommended changes. The drafts will be discussed again at the next meeting with staff from the City's building official staff. Set Agenda for Next Meeting Butkowski said the July 26 council meeting may include the June financial report, an administrative citation ordinance, a public safety repeat nuisance call service fees ordinance, and the 2023 general fund budget. Work Session A. Community Development Update B utkowski shared that the school closing took place last week. The asbestos abatement will begin soon. Demolition on the site is set to start August 8 Butkowski continued to say that City staff would be training election fudges in per son at City Hall. LAUDERDALF, CITY COUNCIL MEF,TING MIINUTF,S L auderdale City Hall 1891 Walnut Sti eet L auderdale, MN 55113 Page 3 of 3 July 12, 2022 B . Opportunity foi the Public to Addiess the City Council Mayor Pro Tem Moffatt opened the floor to anyone in attendance interested in addressing the Council. Heather Brian, 1778 Eustis Stieet, stated that she helped pick up refuse left behind from an event at Lauderdale Community Park on July 9. The Council thanked her for her efforts. There being no other parties interested in speaking, Mayor Pro Tem Moffatt closed the floor. Adj ournment Councilor Pulford moved and seconded by Councilor Dains to adjourn the meeting at 8:02 p.m. Motion carried unanimously. Respectfully submitted, 444'46- (1446 Miles Cline D eputy City Clerk To: From: Meeting Date: Subject: CITY OF LAUDERDALE LAUDERDALE CITY HALL 1891 WALNUT STREET 1 AUDERDALE, MN 55113 651-792-7650 651-631-2066 FAX Request for Council Action Mayor and City Council City Administrator July 26, 2022 List of Claims The claims totaling $19,535.87 are provided for City Council review and approval that includes check numbers 27991 to 28007. Accounts Payable Checks by Date -Detail by Check Date User: Printed: MILES.CLINE 7/21/2022 3:25 PM Check No Vendor No Vendor Name Invoice No Description Check Date Reference Check Amount ACH 34 AFSCME MN Council 5 PR Batch 51500.07.2022 Union Dues ACH 43 ACH 44 ACH 45 ACH 46 27991 65 18603876 27992 373 6290026622 6290026622 27993 184 4122224836 4122921901 4123574459 4124282712 4124934029 07/22/2022 PR Batch 51500.07.2022 Unic Total for this ACH Check for Vendor 34: Public Employees Retirement Association PR Batch 51500.07.2022 PERA Coordinated PR Batch 51500.07.2022 PERA Coordinated 07/22/2022 PR Batch 51500.07.2022 PER PR Batch 51500.07.2022 PER Total for this ACH Check for Vendor 43: Minnesota Department of Revenue PR Batch 51500.07.2022 State Income Tax 07/22/2022 PR Batch 51500.07.2022 Stati Total for this ACH Check for Vendor 44: ICMA Retirement Corporation PR Batch 51500.07.2022 Deferred Comp PR Batch 51500.07.2022 Deferred Comp 07/22/2022 PR Batch 51500.07.2022 Dell PR Batch 51500.07.2022 Def( Total for this ACH Check for Vendor 45: Internal Revenue Service PR Batch 51500.07.2022 Medicare Employer Po PR Batch 51500.07.2022 Medicare Employee Pc PR Batch 51500.07.2022 FICA Employee Portio PR Batch 51500.07.2022 Federal Income Tax PR Batch 51500.07.2022 FICA Employer Portio 07/22/2022 PR Batch 51500.07.2022 Med PR Batch 51500.07.2022 Med PR Batch 51500.07.2022 FIC. PR Batch 51500.07.2022 Fed( PR Batch 51500.07.2022 FIC. Total for this ACH Check for Vendor 46: Total for 7/22/2022: Allstream Inc. 07/26/2022 Fax Line Total for Check Number 27991: ARAMARK Uniform & Career Apparel Gr 07/26/2022 July Uniforms July Uniforms Cintas June Uniforms June Uniforms June Uniforms July Uniforms July Uniforms Total for Check Number 27992: 07/26/2022 219.52 219.52 1,220.22 1,057.52 2,277.74 709.15 709.15 1,177.41 1,500.76 2,678.17 275.14 275.14 1,176.35 1,808.39 1,176.35 4,711.37 10,595.95 53.25 53.25 88.70 88.71 177.41 8.46 8.46 8.46 8.77 8.77 AP Checks by Date - Detail by Check Date (7/21/2022 3:25 PM) Page 1 Check No Vendor No Invoice No 4125631566 27994 192 150307834 27995 25 EMCOM-010163 EMCOM-010178 EMCOM-010195 27996 25 RISK -002182 27997 19 90655 90655 27998 185 072022 072022 072022 27999 374 110446 110447 28000 12 2022-117 2022-117 2022-117 28001 10 0001362248 28002 5 619861-06-22 28003 155 66610 Vendor Name Description July Uniforms Comcast Holdings Corporation July Internet County of Ramsey PR Batch 51500.07.2022 Long Term Disability PR Batch 51500.07.2022 Life Insurance PR Batch 51500.07.2022 Short Term Disability June Fleet Support June 911 Dispatch Services June CAD Services County of Ramsey July Insurance Processing Fee Ehlers and Associates Inc Continuing Disclosure Report Continuing Disclosure Report Lauderdale Certified Auto Repair• Inc June Fuel June Fuel June Fuel Check Date Reference Total for Check Number 27993: 07/26/2022 Total for Check Number 27994: 07/26/2022 PR Batch 51500.07.2022 Lon, PR Batch 51500.07.2022 Life PR Batch 51500.07.2022 Shoi Total for Check Number 27995: 07/26/2022 Total for Check Number 27996: 07/26/2022 Total for Check Number 27997: 07/26/2022 Total for Check Number 27998: LUNSETH Lawn Care Professionals LLC 07/26/2022 Organic Lawn Treatment - City Hall Organic Lawn Treatment - PW Building NineNorth June Virtual Meeting Production June Webstreaming & Archiving June Virtual Meeting Charge Total for Check Number 27999: 07/26/2022 Total for Check Number 28000: On Site Sanitation Inc 07/26/2022 07/09/2022 - 08/05/2022 Park Portable Restroon Premium Waters Inc June Water Bottles Seven Corners Printing 3Q2022 Newsletter Total for Check Number 28001: 07/26/2022 Total for Check Number 28002: 07/26/2022 Check Amount 8.77 51.69 413.00 413.00 95.87 223.93 88.47 6.24 642.58 106.52 1,163.61 25.00 25.00 375.00 375.00 750.00 40.49 40.48 188.93 269.90 377.87 552.04 929.91 360.00 255.41 74.75 690.16 218.00 218.00 17.50 17.50 1,240.00 AP Checks by Date - Detail by Check Date (7/21/2022 3:25 PM) Page 2 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 28004 26 1954102 1954102 28005 90 9910068300 9910068300 9910068300 28006 7 9210204-0500-4 28007 74 786099849 786179109 786441676 786488945 786644843 786644843 786659335 786659335 786659335 786659335 Stantec Consulting Services Inc Plan Review General Engineering Services Verizon Wireless June Cell Phone June Cell Phone June Cell Phone Waste Management Inc July Public Works Xcel Energy Larpenteur Bridge Lights 2430 Larpenteur Avenue W June Street Lighting Larpenteur Pedestrian Lighting 1891 Walnut Street 1891 Walnut Street 1885 Fulham Street 1885 Fulham Street 1917 Walnut Street 1917 Walnut Street Total for Check Number 28003: 07/26/2022 Total for Check Number 28004: 07/26/2022 Total for Check Number 28005: 07/26/2022 Total for Check Number 28006: 07/26/2022 Total for Check Number 28007: Total for 7/26/2022: Report Total (22 checks): 1,240.00 1,131.25 219.50 1,350.75 45.23 45.22 90.45 180.90 607.30 607.30 33.92 17.12 512.99 47.59 36.83 35.02 36.91 28.49 28.49 24.18 801.54 8,939.92 19,535.87 AP Checks by Date - Detail by Check Date (7/21/2022 3:25 PM) Page 3 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing X Discussion X Action X Resolution Work Session Meeting Date July 26, 2022 ITFM NUMBER STAFF INITIAL Admin Citation Ordinances APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: During the previous meeting, the Council started discussing drafts of an administrative cita- tion ordinance and public safety nuisance fee ordinance. The purpose of the ordinances is to address properties with condition and/or conduct issues that aie hard to tackle via the crimi- nal court system. During this meeting, Carri Levitski from Rum River Consultants (RRC) will join the meet- ing remotely to share how RRC staff will use the administrative citations ordinance to tackle building and nuisance code issues. Piior to joining RRC, Carri worked in community devel- opment for a couple of cities and used these tools. In the packet are the two draft ordinances along with a suggested fee schedule. Based on the conversation and community feedback during the public hearing the Council can determine whether to move ahead with adoption of the ordinances and fee schedule. If the fee sched- ule needs revisions, the ordinances can still be adopted at this meeting and the fee schedule at the next. OPTIONS: STAFF RECOMMENDATION: Motion to adopt Ordinance No. 22 04 adding Chapter 11 to Title 1 of the Code of Ordinances Regarding Administrative Citations. Motion to adopt Resolution No. 072622A Authorizing Publication of Ordinance No. 22 04 by Title and Summary. Motion to adopt Ordinance No. 22-05 adding Chapter 12 to Title 5 of the Code of Ordinances Regarding Public Safety Repeat Nuisance Call Service Fees. Motion to adopt Resolution No. 072622B Authorizing Publication of Ordinance No. 22-05 by Title and Summary. CITY OF LAUDERDALE, ORDINANCE NO. 22 04 An Ordinance Amending Title 1 of the Code of Ordinances Regarding Administrative Citations The city council of the city of Lauderdale ordains as follows: SECTION 1. Title 1 of the Lauderdale City Code is hereby amended by adding a new Chapter 11 as follows: CHAPTER 11 ADMINISTRATIVE CITATIONS 1-11-1 PURPOSE 1-11-2 DEFINITION 1-11-3 PROCEDURE 1-11-4 PAYMENT 1-11-5 CONTESTING ADMINISTRATIVE CITATIONS 1-11-6 DISPOSITION OF PENALTIES; ADDITIONAL CONSEQUENCES 1-11-7 PENALTIES CUMULATIVE 1-11-1 PURPOSE, The city council of the city of Lauderdale finds that there is a need for additional alternative methods of enfoi cing the city code. While criminal fines and penalties have been the most frequent enforcement mechanism, the administiative enforcement of the city code will increase compliance with the code, will encourage citizens to become more receptive to enforcement efforts, will be more informal and cost-effective, and will keep many violations out of the district court's criminal justice system. Accoidingly the city council finds that the use of administrative citations is a legitimate alternative method of enforcement of the city code that is also an effective way to promote the health, safety, and welfare of the citizens. This method of enforcement shall be in addition to and not exclusive of any other legal remedy for code enforcement, including, without limitation, the filing of criminal charges or other civil remedies for code violations. 1-11-2 DEFINITION "Administrative offense" is any violation of a provision of the Lauderdale City Code or any violation of a condition or requirement of a City -issued permit or license, and such violations may be subject to the administrative citation process set forth herein Each day a violation exists shall constitute a separate administiative offense. In cases where code violations involve real property, both the responsible party and the property owner may be held accountable for violations occurring on the said property after proper notice is given. 1-11-3 PROCEDURE 1 LA135-3-801725.v2 A. Authority to Issue Notices and Citations. The following representatives of the city shall have the authority to issue notices and citations for administrative offenses: i. Building official; ii. Building inspector; iii. Safety/rental inspector; iv. City administrator; v. Any licensed peace officer; vi. Any other personnel designated by the city administrator to enforce the city code. B. Administrative Notice. Upon determining that an administrative offense has occurred, a city representative may issue an administrative notice to the violator, either in person or by regular mail. In the case of a vehicular violation, the administrative notice may be attached to the vehicle. The notice will state the date, time, and nature of the administrative offense, the action necessary to remedy the administrative offense, a reasonable time period to come into compliance, and the name of the official issuing the notice. ii. If the violator is making a good faith attempt to remedy the administrative offense, the city may grant an extension to the time period contained in the notice, the length of which must be agreed upon in writing between the city and the violator. iii. If an administrative offense is a same or similar subsequent violation within any 12 -month period, an administrative notice is not required before subsequent citations are issued pursuant to subsection (C) below. C. Administrative Citation. If the violator fails to correct the administrative offense within the time period provided in an administrative notice, a city representative may issue an administiative citation. The citation must be issued to the violator in person or by regular mail. In the case of a vehicular violation, the citation may be attached to the vehicle. The citation must state the date, time, and nature of the administrative offense, the action necessary to remedy the administiative offense, the name of the representative issuing the citation, the amount of the scheduled fine, the manner for paying the fine, that a failure to pay may result in a lien against real property to be collected via assessment or a personal obligation of the violator, and the violator's right and manner for appealing the citation under section 1-11-5. 1-11-4 PAYMENT A. Amount. The amount payable for administrative citations shall be established by the fee schedule as adopted by the city council and, unless an appeal is appropriately requested, shall be due within 10 days of the date of the citation In the event that a violator is issued a second or subsequent administrative citation for the same or substantially similar 2 LA135-3-801725.v2 offense within a twelve (12) month period, the fee for such second or subsequent offense may be increased pursuant to the fee schedule. B. hffect of Payment. Payment of an administrative citation to the city will not act to prevent or affect further enforcement efforts that may result from any ongoing conduct of the violatoi, including any and all city code violations that occur after the issuance of the original admimstt ative citation. C. Failure to Pay. If the violator fails to pay the fee for the violation in the amount of time specified in the administrative citation which shall be 10 days absent an appeal, the city may suspend or revoke any city -issued license that is associated with the administrative offense or take additional enforcement actions afforded to the city under the law for the cited offense. Additionally, any unpaid fee shall constitute: i. A lien upon the real property upon which the violation occurred if the property or improvements on the property was the subject of the violation; or ii. A personal obligation of the violator in all other situations. A lien may be assessed against the property and collected in the same manner as taxes. A lien may be collected as a special chaige, as authorized by Minnesota Statutes, sections 366.011 and 366.012 as well as Minnesota Statutes, section 415.01, subd. 2. A personal obligation may be collected by any appropriate legal means. 1-11-5 CONTbSTING ADMINISTRATIVE CITATIONS A. Any person issued an administrative citation under this chapter shall have the right to appeal such citation by filing a written notice of appeal with the city within 10 days of the date of such citation. Upon receipt of such written notice, the city administrator, or his or her designee shall schedule the appeal hearing as soon as reasonably practical but in no event more than 60 days from the date of such appeal notice. B. The appeal will be heard by a neutral third party hearing office appointed by the city administrator or his or her designee. At the hearing, the parties will have an opportunity to present testimony and documentary evidence and question witnesses, but strict compliance with evidentiary rules will not be required. The hearing officer may impose limitations on the scope of evidence to be allowed as well as time limits which may apply to such appeal hearings, and any other substantive or procedural elements which the hearing offices deems appropriate to ensure an efficient appeal process. C. The hearing officer shall issue its findings and conclusions, in writing, within 30 days following the hearing. Upon concluding that an administrative citation was justified, it will uphold the citation as issued. If the healing officer finds that the administrative citation was not justified, it will over turn the citation. D. Failure to attend the appeal hearing constitutes a waiver of the violatoi s rights to a hearing and an admission of the violation. The city administrator may waive this result, however, 3 LA135-3-801725.v2 upon a showing of good cause. Examples of "good cause" are: death or incapacitating illness of the accused; a court order requiring the accused to appear foi another hearing at the same time; or lack of proper service of the citation or notice of the hearing. "Good cause" does not include forgetfulness or intentional delay. E An aggrieved party may obtain judicial review of the decision of the hearing officer according to any applicable law. 1-11-6 DISPOSITION OF PENALTIES; ADDITIONAL CONSEQUENCES All penalties collected pursuant to this section shall be paid to the city of Lauderdale and deposited into the city's general fund. The city may also suspend or revoke a city -issued license, permit, or othei approval associated with any administrative violation, subject to any applicable procedural iequirements contained in state or local laws as it relates to adverse action against such city -issued license, permit or othei approval. Suspension or revocation of a license, peimit or other approval is authorized iegardless of whether additional penalties (such as administrative fines) are imposed for the violation. 1-11-7 PENALTI H S CUMULATIVE Nothing in this section shall prevent the city from taking such other actions as are permitted under law, and the penalties provided herein shall be cumulative. SECTION II. This ordinance shall be effective upon its adoption and publication. Adopted by the Lauderdale city council this 26t1i day of July, 2022. By: Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator 4 LA I35 -3-801725.v2 Member introduced the following resolution and moved its adoption. CITY OF LAUDERDALE, RESOLUTION NO. 072622A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 22 04 BY TITLE AND SUMMARY WHEREAS, the city council of the city of Lauderdale has adopted Ordinance No. 22 04, an ordinance amending Title 1 of the code of ordinances regarding administrative citations; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is four pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE, IT RESOLVED by the city council of the city of Lauderdale that the city administrator shall cause the following summary of Ordinance No. 22 04 to be published in the official newspaper in lieu of the entire ordinance: Public Notice On July 26, 2022, the city council of the city of Lauderdale adopted Ordinance No. 22 04 amending Title 1 of the code of ordinances regarding administrative citations. The purpose of the ordinance is to adopt a new chapter in the city code authorizing the issuance of administrative citations for violations of the city code and violations of conditions of city -issued permits or licenses. The ordinance provides a mechanism and framework for issuance, payment, collection, and appeals of administrative citations. This public notice is intended only to summarize the ordinance. The full text of the ordinance is available for inspection at Lauderdale city hall during regular business hours and has been posted to the city's website. BE, IT FURTHER RESOLVED by the city council of the city of Lauderdale that the city administrator keep a copy of the ordinance in her office at city hall for public inspection and that she 1 811547.v1 post a fiill copy of the ordinance in a public place within the city. Dated: July 26, 2022. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. 2 811547.vl CITY OF LAUDERDALE, ORDINANCE, NO. 22-05 An Ordinance Amending Title 5 of the Code of Ordinances Regarding Public Safety Repeat Nuisance Call Service Fees The city council of the city of Lauderdale ordains as follows: SECTION 1. Title 5 of the Lauderdale City Code is hereby amended by adding a new Chapter 12 as follows: CHAPTER 12 PUBLIC SAFETY REPEAT NUISANCE CALL SERVICE FEES 5-12-1 PURPOSE, 5-12-2 SCOPE AND APPLICATION 5-12-3 DEFINITIONS 5-12-4 REPEAT NUISANCE SERVICE CALL FEE, 5-12-5 NOTICE 5-12-6 RIGHT TO APPEAL 5-12-7 LEGAL REMEDIES NONEXCLUSIVE, 5-12-8 APPLICABILITY OF CHAPTER 5-12-9 RECOVERY OF FFE, 5-12-1 PURPOSE The purpose of this chapter is to protect the public health safety, and welfare and to discourage iepeat nuisance service calls in the city to the same property or location which interfere with providing police and public safety services to other residents of the city. It is the intent of the city to impose and collect service call fees from the owner of any property to which city officials must repeatedly respond to nuisance public safety service calls because such calls involve extraordinary increased costs to the city. The repeat nuisance service call fee is intended to reimburse the city of the cost of such calls which is over and above the cost of providing normal law enforcement services and police protection city-wide. 5-12-2 SCOPE AND APPLICATION This chapter applies to the owner of any private property which is the subject or location of iepeat nuisance service calls by city officials or other public safety agencies serving the city. This chapter applies to any iepeat nuisance service calls made by a peace officer, part-time peace officer, community service officer, animal control, or other designated public safety personnel. 5-12-3 DEFINITIONS For purposes of this chapter, the term "nuisance ' shall mean any activity, conduct, or condition occurring upon private property within the city that unreasonably annoys, injures, or endangers 1 LA135-3-806924.v I the health, safety, morals, comfort, or repose of any member of the public or will, or tend to, alarm, anger, or disturb others or provoke breach of the peace, to which the city is required to respond, including, but not limited to the following: A. Any activity, conduct, or condition deemed as, a public nuisance under any provision of the city code; or B . Any conduct, activity, or condition constituting a violation of Minnesota Statutes, chapter 609, as it may be amended from time to time. 5-12-4 REPEAT NUISANCE SERVICh CALL FH -t A. The city hereby imposes a repeat nuisance service call fee upon the owner of any private property where the city has rendered services or responded to such property on three or more occasions within a period of 365 days in response to or for the abatement of a nuisance condition. B . The repeat nuisance service call fee for the third and each subsequent service call within a period of 365 days shall be in such amount as provided for in the city's fee schedule, as it may be amended from time to time. The fee is intended to reimburse the city for, among other things, the cost associated with city employees, officials, or other contracted public safety agencies who respond to or remain at the nuisance event, any cost for the equipment necessary to respond to such event, the cost of any repairs needed to such equipment based on the response, and the cost of any medical treatment which may be required to be provided to responding officers. C. A repeat nuisance service call fee imposed under this chapter will be deemed delinquent if it is not paid within 30 days after the city mails the billing statement for the fee. The city will add a 10% late penalty to a delinquent payment. 5-12-5 NOTICE The city shall send written notice to the record owner of any property which has had two repeat nuisance service calls within the preceding 365 day period. No repeat nuisance service call fee shall be imposed without first providing the owner with written notice. Such written notice shall: A. Identify the nuisance conduct that previously occurred on the property and the dates of the previous nuisance conduct; B . State that the owner may be subject to a nuisance call service fee if a third nuisance service call is rendered to the property within the specified time period for any further nuisance - related conduct; C. State that the city has the right to seek other legal remedies or actions for abatement of the nuisance or compliance with the law; and 2 LAI 35-3-806924.v I D. Be served by U.S. mail upon the owner at their address as shown on Ramsey County's property tax records, or, if such mailing is returned as undeliverable for any reason, by posting such notice upon the front door of the subject property. If notice is posted, at least 10 days shall lapse before a repeat nuisance service call fee is imposed. 5-12-6 RIGHT TO APPEAL A. When the city mails the billing statement for the repeat nuisance service call fee, the city will also inform the ownei of their right to request a hearing to appeal the imposition of such fee. B. The owner of any property upon which the fee is imposed may request a hearing within 10 days of the date that the fee statement was mailed. In calculating 10 days, the date that the statement was mailed shall not be counted. Any request for a hearing must be in writing and delivered to the city administrator. Upon receipt of such written notice, the city administrator, or his or her designee, shall schedule the appeal heating as soon as reasonably practical but in no event more than 90 days from the date of such appeal request. If the owner fails to request a hearing within the time and in the manner required under this section, the right to appeal hereunder is waived. C. The appeal will be heard by a neutral, third party hearing office appointed by the city administrator or his or her designee. At the hearing, the parties will have an opportunity to present testimony and documentary evidence and question witnesses, but strict compliance with evidentiary rules will not be required. The hearing officer may impose limitations on the scope of evidence to be allowed as well as time limits which may apply to such appeal hearings and any other substantive or procedural elements which the hearing office]. deems appropriate to ensure an efficient appeal process. D. The hearing officer shall issue its findings and conclusions, in writing, within 30 days following the hearing. Upon concluding that a repeat nuisance service call fee was justified, it will uphold the decision and the statement shall be paid within 30 days. If the hearing officer finds that the fee was not justified, it will overturn the decision and the statement will no longer be outstanding. E Failure to attend the appeal hearing constitutes a waiver of the ownei's rights to a hearing and the statement shall be paid within 30 days of the failure to appear. The city administrator may waive this result, however, upon a showing of good cause. Examples of "good cause" are: death or incapacitating illness of the owner; a court order requiring the owner to appear for another hearing at the same time; or lack of receipt of the notice of the hearing. ' Good cause' does not include forgetfulness or intentional delay. F. An aggrieved party may obtain judicial review of the decision of the hearing officer according to any applicable law. 5-12-7 LhGAL REMI-tDIhS NONEXCLUSIVE 3 LA 135-3-806924.v 1 Nothing in this chapter shall be construed to limit the city's available legal remedies, including criminal and civil action, or other available relief. 5-12-8 APPLICABILITY OF CHAPTFR The city shall not impose a repeat nuisance service call fee for a police response relating to emergency assistance including, but not limited to, domestic violence or child abuse, 01 for any other matter, in the city's seasonable discretion, for which it would not be in the public interest to charge such a fee. 5-12-9 RECOVERY OF FhE If an owner fails to pay the fee in the amount of time specified under this chapter, said unpaid fee shall constitute a lien upon the real property upon which the fee is associated with. A lien may be assessed against the property and collected m the same manner as taxes. A lien may also be collected as a special charge, as authorized by Minnesota Statutes, sections 366.011 and 366.012, as well as Minnesota Statutes, section 415.01, subd. 2. SECTION II. This ordinance shall be effective upon its adoption and publication. Adopted by the Lauderdale city council this 26thi day of July, 2022. By: Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator 4 LA135-3-806924.v1 Member introducedthe following resolution and moved its adoption. CITY OF LAUDERDALE RESOLUTION NO. 072622B RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 22-05 BY TITLE AND SUMMARY WHEREAS, the city council of the city of Lauderdale has adopted Ordinance No. 22-05, an ordinance amending Title 5 of the code of ordinances regarding public safety repeat nuisance call service fees; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is four pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BF IT RESOLVED by the city council of the city of Lauderdale that the city administrator shall cause the following summary of Ordinance No. 22-05 to be published in the official newspaper in lieu of the entire ordinance: Public Notice On July 26, 2022, the city council of the city of Lauderdale adopted Ordinance No. 22-05 amending Title 5 of the code of ordinances regarding public safety repeat nuisance call service fees. The ordinance establishes a procedure for establishing a repeat nuisance service call fee for owners of property where the city has rendered services or responded to such property on three or mole occasions within a period of 365 days in response to or for the abatement of a nuisance condition The ordinance further establishes a procedural framework for imposing, appealing, and recovering said fee. Certain emergency responses are exempt from the fee, including, but not necessarily limited to, domestic violence and child abuse response. This public notice is intended only to summarize the ordinance. The full text of the ordinance is available for inspection at Lauderdale city hall during regular business hours and has been posted to the city's website. 1 811539.v1 BE IT FURTHER RESOLVKD by the city council of the city of Lauderdale that the city administrator keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Dated: July 26, 2022. Mary Gaasch, Mayor ATTKST: Heather Butkowski, City Administrator The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. 2 811539.vI LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing X Discussion X Action X Resolution Work Session Meeting Date July 26, 2022 ITEM NUMBER STAFF INITIAL APPROVED BY ADMINISTRATOR Interim Cannabis Ordinance DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The legalization of edible cannabinoids by the state legislature this year created a number of questions for cities on whether they should or should not take a role in regulating the sale or location of the sale of these products. The League of Minnesota Cities and city attorneys throughout the state are taking a look at the new law and trying to answer the questions be- ing posed by their city clients. Because state law has little by way of regulation of the prod- uct, that is being left to cities. There is a strong possibility the legislature may create addi- tional regulations but that wouldn t happen until the legislative session next year which leaves cities deciding what, if anything, to do now. Because of the uncertainty around the issue, the City Council can adopt an interim ordinance to prohibit the sale of the edible cannabinoids within the City for up to one year to research the issue. Staff recommends this because new information is coming out regularly that should be considered. OPTIONS: Based on Council sentiment and feedback during the public hearing, the Council can decide whether or not to adopt the interim ordinance. STAFF RECOMMENDATION: Motion to adopt Ordinance No. 22-06 adopting an Interim Oidinance Authorizing Studies and Imposing a Moiatorium on the Sale of Cannabis Products. Motion to adopt Resolution No. 072622C Authorizing Publication of Ordinance No. 22-06 by Title and Summary. ORDINANCE NO. 22-06 CITY OF LAUDFIRDALH, COUNTY OF RAMS [I Y STATE OF MINNESOTA AN INTERIM ORDINANCE AUTHORIZING STUDIES AND IMPOSING A MORATORIUM ON THE SALE OF CANNABIS PRODUCTS The City Council of the City of Lauderdale does ordain as follows: Section 1. Legislative Findings and Authority (A) There is a great deal of uncertainty regarding the effect of Minnesota Laws 2022, Chapter 98 amending Minnesota Statutes, section 151.72 (the "Act') to allow the sale of edible cannabinoid products (` Cannabis Products"). (B) Because the proposal to allow the sale of Cannabis Products received little publicity until the Act went into effect on July 1, 2022, the city of Lauderdale (the `City') did not have an opportunity to study and consider the potential impacts of the Act 01 to engage in policy discussions regarding the potential regulation of sale of Cannabis Products by the City. (C) The Act authorizes the Minnesota Board of Pharmacy to enforce the Act but the Act does not piovide foi any licensing of manufacturers or of those who sell Cannabis Products and is silent regarding the enactment of local regulations related to Cannabis Products. (D) The Act does not expressly piohibit or limit local regulations but the regulations established in the Act clearly do not constitute the Legislature having occupied the field of regulation regarding the sale of Cannabis Products. (E) The city council finds the uncertainties associated with sale of Cannabis Products, as well as the options of local regulation, strongly suggests the need for a study to develop information the City Council may use related to potential regulation of Cannabis Products through the adoption of licensing and zoning controls. (F) Pursuant to Minnesota Statutes, section 462.355, subdivision 4(a), the city council is authorized to adopt an interim ordinance "to regulate, restrict, or prohibit any use .. within the jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective." (G) The city council is also authorized as part of its general police powers to adopt business licensing requirements related to the sale of Cannabis Products. 1 LA135-3-811318.v1 (H) The Minnesota Supreme Court in Almquist v. Town of Marshan, 245 N.W.2d 819 (Minn. 1976) upheld the enactment of a moratorium despite the lack of express statutory authority as being a power inherent in a broad grant of power to municipalities. In most cases, the enactment of business licensing requirements is based on a city's police powers, which is the broadest grant of power to cities. Inherent in that broad grant of authority is the power to place a temporary moratoi ium on a business to study and potentially implement licensing regulations on that business. (I) There are both business licensing and zoning issues associated with the sale of Cannabis Products. The city council determines it needs time to study the matter and to consider the development and adoption of appropriate local regulations. To protect the planning process and the health, safety, and welfare of the residents while the City conducts its study and the city council engages in policy discussions regarding possible regulations, the city council determines it is in the best interests of the City to impose a temporary moratorium on the sale of Cannabis Products. Section 2. Definitions For the purposes of this Ordinance, the following words, terms, and phrases shall have the meanings given them in this section. (A) "Act" means 2022 Minnesota Session Laws, Chapter 98 (H.F. No. 4065), amending Minnesota Statutes, section 151.72. (B) "Cannabis Products means Edible Cannabinoid Product and any other product that became lawful to sell for the first time in Minnesota effective July 1, 2022, as a result of the adoption of the Act. (C) "Edible Cannabinoid Product" has the same meaning given the term in Minnesota Statutes, section 151.72, subdivision 1(c). Section 3. Study. The city council hereby authorizes and directs the city administrator to conduct a study regarding Cannabis Products and provide the city council a report on the potential regulations of such products. The report shall include recommendations on whether the city council should adopt regulations and, if so, the recommended types of regulations. The study shall consider, but is not limited to, the following: (A) The potential impacts of the sale of Cannabis Products within the City; (B) Licensing the sale of Cannabis Products and related regulations; and (C) Zoning regulations related to the sale and distribution of Cannabis Products. 2 LA135-3-811318.v1 Section 4. Moratorium. A moratorium is hereby imposed within the City regarding the sale of Cannabis Pioducts No business, person, or entity may sell Cannabis Products to the public within the juiisdictional boundaries of the City. The City shall not accept, process, or act on any application, site plan, building permit, or zoning 01 other appioval for a business proposing to engage in the sale of Cannabis Products. Section 5. Violations. During the period the moratorium is in effect it is a violation of this Ordinance to sell Cannabis Products within the City. Section 6. Exceptions The moratorium imposed by this Ordinance does not apply to the sale of medical cannabis or hemp products that were lawful to sell prior to the effective date of the Act. Section 7. Enforcement. Violation of this Ordinance is a misdemeanor. In addition, the City may enforce this Ordinance by mandamus, injunction, other appropriate civil remedy in any court of competent jurisdiction. Section 8. Effective Date and Term. This Ordinance shall be effective upon adoption and publication in the City's official newspaper and shall have a team of 12 months. This Ordinance shall remain in effect until the expiration of the 12 -month term, until it is expressly repealed by the city council, or until the effective date of an ordinance amending the city code to address Cannabis Products, whichever occurs first. Section 9. Severability Fivery section, provision, and part of this Ordinance is declared severable from every other section, provision, and part thereof. If any section, provision, or part of this Ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this Ordinance. PASS HD BY THE CITY COUNCIL OF THF4 CITY OF LAUDF4,RDALFi;, MINNESOTA THIS 26th DAY OF JULY 2022. ATTEST: Heather Butkowski City Cleik-Administrator 3 LA135-3-811318.v1 Mary Gaasch Mayor Member introduced the following resolution and moved its adoption. CITY OF LAUD F,RDALF RESOLUTION NO. 072622C RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 22-06 BY TITh, AND SUMMARY WHEREAS, the city council of the city of Lauderdale has adopted Ordinance No. 22-06, an interim ordinance establishing a moratorium on the sale of Cannabis Products; and WHhREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is three pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BF IT RESOLVRD by the city council of the city of Lauderdale that the city administrator shall cause the following summary of Ordinance No. 22-06 to be published in the official newspaper in lieu of the entire ordinance: Public Notice On July 26, 2022, the city council of the city of Lauderdale adopted Ordinance No. 22-06, an ordinance establishing a moratorium on the sale of Cannabis Products, as that term is now defined in state law. The 2022 Legislature adopted an amendment to Minnesota Statutes, section 151.72 which permits the retail sale of edible cannabinoid products as of July 1, 2022. Virtually no advanced word about this legislation was provided prior to passage. The act authorizes the Minnesota Board of Pharmacy to enforce the law but provides no guidance regarding regulation. Lauderdale, like most cities, is unprepared to regulate the sale of these products. The interim ordinance declares a moratorium on such sales and authorizes a study to determine if and how the city wishes to regulate sales. Medical cannabis and hemp products which could be sold legally before July 1, 2022, are exempt from the moratorium. The moratorium has a maximum duration of 12 months. This public notice is intended only to summarize the ordinance. The full text of the ordinance is 811589v1 LAI35-3 PAGE-, available for inspection at Lauderdale city hall during regular business hours and has been posted to the city's website. Bh IT FURTHER RESOLVED by the city council of the city of Lauderdale that the city administrator keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Dated: July 26, 2022. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. 811589v1 LA135-3 PAGE LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing X Discussion X Action X Resolution Work Session Meeting Date July 26, 2022 ITEM NUMBER STAFF INITIAL Admin Citation Ordinances_ APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: For simplicity, staff decided to separate the fee schedule discussion from the administrative ordinances discussions. The proposed fee schedule was amended to include the types of vi- olations staff envision enforcing through administration citations from adoption through the end of 2022. Based on how well it works, more items can be added in 2023 Please review the list noted in red on the first page. Staff is looking for feedback on the list but especially on the fine level. Most of the fines are lower than the Roseville or Cambridge fees we look at but seem to have a level of reasonableness. Since the fee schedule is being amended, staff proposing adding the changes in red on the other pages. If there are any questions, we can discuss during the meeting. OPTIONS: STAFF RECOMMENDATION: Motion to adopt Resolution No. 072622D Amending the 2022 Fee Schedule. RESOLUTION NO. 072622D CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION AMENDING THE 2022 FEE SCHEDULE WHFREAS, state law allows the City of Lauderdale City Council to create change, amend, or revise fees for such things as permits, licenses, charges for services, and applications from time - to -time by resolution and WHEREAS, the administrative costs for regulating business activities, development activities, and recreational activities in the City should be borne by the users; and WHEREAS, the additional administrative costs of renewals of licenses and permits after various dates for regulating business activities, development activities, and recreational activities in the City should be borne by the users, which may include the paying of escrow dollars to ensure funds are recouped. NOW THEREFORE BF IT RESOLVED, by the Council of the City of Lauderdale, Minnesota, the following license, permit, business and application fees or charges be and hereby are established effective July 27, 2022 upon the passage and adoption of this Resolution. ADOPTED this 26th day of July, 2022 by the Lauderdale City Council. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator 2022 Amended Fee Schedule ADMINISTRATIVE FEE Each Occurrence $25.00 ADMINISTRATIVE CITATION Abandoned and/or Junk Vehicle $50 per day after citation issued for non-compliance Animal Licensing $25 per day after citation issued for non-compliance City Code Violations Not Otherwise Listed $50 per day after citation issued for non-compliance Expired or Missing License Plates and Tabs $40 per day after citation issued for non-compliance Failure to Apply for License $50 per day after citation issued for non-compliance Failure to Apply for Rental Housing License $50 per day after citation issued for non-compliance Failure to Correct Rental Housing Violation $100 per day after citation issued for non-compliance Fireworks: Use, Possession, and Sale $100 per offense Illegal Dumping $100 per offense Illicit Discharge $100 per offense Land Use Violations $50 per day after citation issued for non-compliance Open Burning Ordinance Violations $100 per offense Public Safety Repeat Nuisance CaII Service $250 Beginning with the Third Call Rank Growth $50 per day after citation issued for non-compliance Refuse and Debris Accumulation $50 per day after citation issued for non-compliance Sale of Cannabis Products $100 per offense Solicitor, Peddlers, and Door -to -Door Activity w/o License $100 per offense Trespassing $100 per offense ANIMALS Domestic Animal License Duplicate License $10.00 $3.00 Non -Domestic Animal License $10.00 BINGO OR RAFFLE $100.00 BUILDING PERMITS See Appendix A BUSINESS ASSISTANCE Escrow with minimum of $10,000.00 CANDIDATE FILING FEE $2.00 CERTIFIED COPIES $1.00/page plus sales tax CIGARETTES/TOBACCO LICENSE $200.00/year CITY COUNCIL Requested Special Meeting $250.00 CITY PROPERTY RENTAL Banquet Table Rent Banquet Table Deposit Metal Detector Rent Metal Detector Deposit Metal Folding Chair Rent Metal Folding Chair Deposit $4.00/table $100.00/table $5.00/day $100.00 $0.75/chair $20.00/chair COMMUNITY ROOM RENTAL Resident Use Only $50.00/5 hour block Deposit - Key Deposit - Damage Excess Trash Fee $100.00 $100.00 $10.00/bag Cancellation Fee (5 business days prior to reservation) Cancellation Fee (less than 5 business days prior to reservation) COUNCIL MEETING DVD CREDIT CARD PROCESSING FEE (Suspended for 2022) FACSIMILE FIRE False Alarms Per Ordinance Fire Call Charge Back Fire Inspection Annual or Additional LIQUOR, 3.2 Percent Off -Sale O n -Sale Temporary Penalties MECHANICAL PERMITS MERCHANDISE SALES H istory Book Mugs T-shirts Long -sleeve t -shirt Sweatshits MILEAGE REIMBURSEMENT N ON -SUFFICIENT FUNDS CHECK N UISANCE VIOLATIONS Weed/Grass Mowing Refuse Junk Vehicles N uisance Violation Appeal PARKING D isabled Parking Zone Sign PARK DEDICATION Residential Commercial/Industrial PARK RESERVATION RENTALS Resident N on-resident $20.00 Reservation fee $50.00 plus sales tax $2.50 for transactions of $0-250 $5.00 for transactions of $251-500 $10.00 for transactions of $501-1,000 $15.00 for transactions of $1,001-1500 $20.00 for transactions of $1,501-2000 3% charge for transactions over $2,001 *Excludes City Merchandise and Donations $0.50/page Cost plus administrative fee Cost of Fire Services plus administrative fee $35.00/hour $150.00 $300.00 $50.00 See Appendix13 See Appendix A $25.00 $5.00 $7.00 $12.00 $17.00 Per IRS $30.00 ($23.28 + $1.72 sales tax) ($4.66 + $.34 sales tax) Actual Costs + Admin Fee Actual Costs + Admin Fee Actual Costs of Towing & Disposal + Admin Fee $200.00 $25.00/year $3,000/per unit 10% of fair market value of subdivided land No Fee $25.00 plus sales tax/4 hour block Non-resident Damage Deposit $50.00 PHOTOCOPY $.25/page PLUMBING See Appendix A RECYCLING CARTS $75.00 REFUSE HAULERS Annual RENTAL HOUSING Administrative Penalty Late Application License Violations RIGHT-OF-WAY City Engineer's Review, if applicable City Attorney Review, if applicable Excavation Permit Obstruction Permit SALES TAX Sale of goods City Purchases SANITARY SEWER AND WATER DEVELOPMENT Sewer Availability Charge Water Availability Charge $75.00/truck See Appendix A $25.00/day Up to $1,000.00/day $100.00 $100.00 $100.00 plus bond $100.00 7.375% 6.875% Per Metropolitan Council Per St. Paul Water SPECIAL ASSESSMENTS, Interest Rate Delinquent Utility Bills, Accounts Receivable 8% or $25.00, whichever is greater TREE CONTRACTOR LICENSE $50.00/year VACATIONS (Streets, Alleys, etc.) $500.00 plus $700 escrow * ZONING APPLICATIONS Conditional Use Permit $200 plus $500 escrow* Home Occupation $100.00 Lot Consolitation / Division $100 plus $500 escrow* Lot Line Rearrangement $200 plus $1,000 escrow* Planned Unit Development $500 plus $5,000 escrow * Sign Permit $200.00 Subdivision $500.00 plus $1,500 escrow * Variance from Zoning Ordinance $150.00 Zoning Amendment $500.00 plus $1,500 escrow * Document Recording Fee Recording cost plus Administrative fee ZONING PERMIT Driveway or Parking Pad $50.00 Fence $50.00 Retaining Wall $50.00 Sidewalk $50.00 * Applicants will be responsible for submitting the escrow payment in addition to assuming all city accrued costs on the application review. NOTE: A private party or public institution (hereinafter applicant) making a request of the city must cover the cost of the request including consultants' costs. Prior to having the request considered by the city, the applicant must deposit an escrow fee in an amount that is estimated to cover the city consultant's costs as determined by the city administator. If the city consultant's costs exceed the escrow deposited by the applicant, an additional escrow fee will be required to cover the additional costs. The city shall use the applicant's fees to cover the city's actual consultants' costs publishing costs, and recording costs in reviewing the request regardless of the city's action on the applicant's request. If the applicant's escrow fees exceed the city's actual consultant's costs for reviewing the request, the remaining escrow fees shall be refunded to the applicant. Appendix A Building Permit and Related Fees S ubd. 1. Permits Inspections and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes 326B.148, and section 326B.151 and as provided by this ordinance and other applicable rules and regulations. Fees are to be commensurate with the service provided. S ubd. 2. Project Valuation. The Building Official has the authority and responsibility to determine project valuation for the purposes of determining applicable plan review and permit fees. Valuation data is referenced from the State of Minnesota and the International Code Council; internal processes are updated as needed to reflect the approximate cost of material and labor associated with the project. S ubd. 3. State Surcharge on Building Permit Fees. In addition to the permit fees outlined in this ordinance, a surcharge fee shall be collected on all permits issued for work governed by the MSBC in accordance with MN Statute, Section 326B.148. S ubd. 4. Refunds. The municipality may refund fees for permits (up to 75% of the permit fee) in which no work has been done and no inspections have been made Requests for refunds must be in writing and signed by the permit holder. The Building Official will review the request for refund and make a determination whether or not to approve the request. S o refund will be provided for plan review fees or surcharges related to the permit. S ubd. 5. Work Without a Permit. Work without a permit may result in additional fees as specified in MN Rules 1300.0160 subpart 8. Fees may be up to, but not to exceed, the permit fee itself. S ubd. 6. Minimum Permit Fee. Work requiring a permit shall be charged a minimum of $75.00 for processing and administration. S ubd. 7. Permit Expiration. Permits issued must be pursued in good faith and at no time exceed 180 days of inactivity. For the purposes of this section, activity is defined as site inspections and/or permit extensions. Extension requests shall be received in writing and may be granted with or without additional fees and must be received prior to the permit expiration. S ubd. 8. Expired permits. Permits determined to be "inactive' for 180 days or more may be deemed expired. It is the responsibility of the permit applicant to maintain an active status. Applicants may or may not be contacted at or before expiration. Building / Fire Sprinkler/ Fire Alarm Permit Fees Valuation Based Building Permit 1997 Uniform Building Permit Fee Schedule as extracted from the 1997 Uniform Building Permit Fees Building Code, Table No. 1-A Fees are to be based on If building valuation exceeds BuildingValuation as $1,000 and building plans are required to be submitted, a determined by current State plan review fee of 65% of the of Minnesota Building building permit fee must be Valuation Data, International Plan Review paid in addition to the building Code Council Valuation Data permit fee (Except as per and Building Official. MN Rules 1300.0160, Subp. 5 for similar plans, after the first submittal.) Residential maintenance projects, including: roofing, siding and window replacement (same size) $125.00 Fixed Fee Building Permits Residential structure moving $250.00 Building Projects not Residential demolition identified as ' Fixed Fee" permits are to be considered (Dwelling and/or accessory structures) $200.00 'Value Based Permits" Re -inspection fees. Additional fees may apply after more than 2 failed inspections $95.00 Commercial demolition $385.00 State Surcharge: State Surcharge must be paid per MN Statutes 326B.148, other calculated fees in addition to Mechanical Permit Fees Valuation Based Fees All Commercial Projects (New or Replacement Systems) Commercial new construction, addition and remodeling. Based on valuation, including material and labor. Mechanical Permit 1997 Uniform Building Permit Fee Schedule as extracted from the 1997 Uniform Building Code, Table No. 1-A Mechanical Plan Review 10% of permit fee when job valuation exceeds $30,000. Fixed Fee Mechanical Permits Residential New Construction $150.00 Residential furnace, air exhaust exchanger, Replacement - conditioner system / air etc. $125.00 Residential furnace and air conditioner simultaneously $185.00 State Surcharge: State Surcharge must be paid per MN Statutes 326B.148, in addition to other calculated fees Plumbing Permit Fees Valuation Based Plumbing Permits Commercial new construction, addition and remodeling. Based on valuation, including material and labor. 1997 Uniform Building Permit Fee Schedule as extracted from the 1997 Uniform Building Code Table No. 1-A Fixed Fee Plumbing Permits Residential New Construction $150.00 Residential addition, remodel or water heater, water conditioning system, etc. $125.00 Landscape Irrigation System $100.00 On Site Septic Permit Fees Residential Septic System Type 1-11 -111 $250.00 (New or Replacement) Septic or holding tank only $175.00 Residential and Performance / Engineered System 1997 Uniform Building Permit Fee Schedule as extracted from the 1997 Uniform Building Code, Table No. 1-A Residential or Commercial Operating Permit $100.00 / year Maintenance Permit $10.00 per permit, needed every 3 years Solar/ Photovoltaic Systems 0 watts to and including 5,000 watts $90.00 5,001 watts to and including 10,000 watts $100.00 Residential and 10,001 to and including 20,000 watts $150.00 Commercial Solar Electric/ Photovoltaic Installation Set Permit Fees 20,001 watts to and including 30,000 $200.00 These are in addition to permits and inspections required by the MN Board of Electricity 30,001 watts to and including 40,000 watts $250.00 40,001 watts to and including 1,000,000 watts $250.00 and $25.00 for each additional 10,000 watts over 40,001 watts 1,000,001 watts to 5,000,000 $2,6050 and $15 00 for each additional 10,000 watts 5,000,000 watts and larger $8,650 and $10.00 for each additional 10,000 watts over 5,000,000 watts State Surcharge: State Surcharge must be paid per MN Statutes 326B.148, in addition to other calculated fees Rental License Fees Manufactured Home Set Up 2 Year License Period Rental License Fee Single Family/ Duplex/ IRC Structure $200/ Building $75.00 Multi-family/Apartment/ IBC $200.00/ Building, plus Additional $5.00 per unit Manufactured Home Set Up Reinspection Fees Reinspection Fees $95.00 per hour/ inspection- whichever is greater This may be applicable to inspections outside of the published inspection record for any project including residential commercial or rental license. 1- hour minimum Manufactured home set up $175.00 Residential Permits / Fees Plumbing permit $75.00 HVAC permit $75.00 Reinspection Fees Reinspection Fees $95.00 per hour/ inspection- whichever is greater This may be applicable to inspections outside of the published inspection record for any project including residential commercial or rental license. 1- hour minimum 2022 Civil Penalty Fee Schedule for Alcohol Violations Type of Violation 1st 1. Commission of Revocation a felony related to the licensed activity 2 Sale of alcoholic beverages while license is under suspension Revocation 3. Sale of $1000 alcoholic beverages +6 days to under -age persons 4. After hours $1000 sale of alcoholic +6 days beverages 5. After hours $1000 display or +6 days consumption of alcoholic beverages 2nd 3rd N/A N/A 18 days 18 days 18 days Appendix B 41h N/A N/A N/A N/A 30 days Revocation 30 days Revocation 30 days Revocation 6. Refusal to allow $1000 30 days Revocation city officials to +18 days inspect premises 7. Failure to take $1000 reasonable steps +6 days to stop person from leaving premises with alcohol beverages 18 days 30 days Revocation LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date July 26, 2022 ITEM NUMBER STAFF INITIAL 2023 Budget and Levy APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Staff continues to work on a draft of the 2023 general fund budget but it is a work in pro- gress. It will be a difficult year as one would expect if you watch the news. The big issues are the coming together of inflation and staffing pressures. A few of the cost drivers for 2023 are: • $63,182 or 7.93% increase in policing costs • $14,757 or 2.8% decrease in LGA • $4,639 or 21.4% increase for IT services Without factoring increasing staffing costs, fuel costs, or any increases from any of our other partneis, the city has to address a $82,578 budgetary shortfall or about double our annual general fund budget increase. The good news is, the City Council has options to address this and will be the topic of dis- cussion during the meeting. One of staff's proposal is to make a permanent annual contribu- tion from the sanitary sewer fund and the storm sewer fund to cover administrative over- head. Cuiiently, there is some cost staring with these funds but they have never contributed to building repairs and maintenance, vehicle repairs and maintenance legal services, and legislative time to name a few. If the transfer is permanent, the down the road impact is lessened as the enterprise funds are healthy and the expected contribution is not large. The other option is to use some of the American Rescue Plan dollars to cover the shortfall. The funds were designed for that. It would be a short-term solution to reach an acceptable levy increase. As these are non -reoccurring funds paying fou reoccurring expenses, the levy will eventually need to be raised to cover the costs. Ideally, by next year prices will have flattened and decisions can then be made based on the new reality. OPTIONS: STAFF RECOMMENDATION: Heather Butkowski From. Sent: To: Cc: Subject: Attachments: Hi Heather, Charlie Yunker Wednesday, July 13, 2022 4:22 PM Heather Butkowski Shelly Rueckert; Jon Mangseth Police Contract 2023 Police Contract - 2023 PRELIM.pdf Speaking of the PD contract, the preliminary 2023 is ready for us to review and discuss. Below are the assumptions they used to put this together, and this is without any additional staff assumed as this time. Figured those conversations can happen separately/in parallel and this can be adjusted based on how those things play out. The preliminary draft includes the following assumptions: • No change in existing employee count • 4.5 percent increase in wages from 2022 police contract • Health insurance rates will increase by 10.85 percent in 2023 • The contract includes a blended 16.0 percent health insurance increase based on current elections • 50 percent increase in fuel pricing, which is the current run rate compared to prior year • 31 percent increase in Roseville IT and phone based on the Metro-Inet Voting allocation sheet • 17 percent decrease in prop/casualty insurance from 2022 contract, this is based on 2022/2023 renewal • All other expenses were inflated by 4 percent • Total contract increase was 7.93 percent or $63,182 from 2022 contract Once you've had a chance to digest let me know and we can chat on it. Fyi, I will be out of the office until Tuesday, but let me know when you want to discuss and if you have any questions. Thanks, CHARLIE YUIVKER CITY MANAGER CITY OF SAINT ANTHONY VILLAGE 3301 SILVER LAKE RD, ST. ANTHONY, MN 55418 1 WWW.SAVMN.COM 612-782-3315 I CHARLIE.YUNKER@SAVMN COM 1