HomeMy WebLinkAbout09/13/2012LAUDERDALE CITY COUNCIL MEETING AGENDA
6:00 P.M. THURSDAY, SEPTEMBER 13, 2012
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 Mayor, citizen participation is limited to the times
indicated and always within the prescribed rules of conduct for public input at meetings.
1. CALL THE MEETING TO ORDER
2. ROLL CALL
3. APPROVALS
a. Agenda
4. CONSENT
5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS
6. INFORMATIONAL PRESENTATIONS / REPORTS
7. 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. Rental Housing License Held by Allan Giese, Giese Rice Creek, LLC.,
Owner of 1954 Malvern Street
8. DISCUSSION / ACTION ITEMS
9. ITEMS REMOVED FROM THE CONSENT AGENDA
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11. SET AGENDA FOR NEXT MEETING
a. 2013 Budget and Capital Improvement Program Discussion
b. Presentation by University of Minnesota Sustainability Class
c. Open Burning Ordinance
12. WORK SESSION
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 for specific items on the agenda, this
portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to
limit their comments to four (4) 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
Incident Report 12007427 - MN0272000
ST, ANTHONY POLICE DEPARTMENT
INCIDENTREPORT
Page 1 of 1
ICR# 12007427 AGENCY ORI# MN0272000 JUVENILE:
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Reported: 08-20-2012 0037 First Assigned:0039 First Arrived:0042 Last Cleared:0054
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Commited Start: 08-20-2012 0037 Commited End:
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Title: Disturbance/Noise Complaint How Received: Radio
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Summary:
SQUADS WERE DISPATCHED TO RESIDENCE FOR LOUD MUSIC COMPLAINT.
UPON ARRIVAL, LOUD SOUL MUSIC HEARD FROM STREET. MUSIC WAS PICKED
UP ON SQUAD CAMERA/AUDIO RECORDING. SUBJECT WHO IDENTIFIED
HIMSELF AS RESIDENT.
Location(s)
Address: 1954 MALVERN ST City: Lauderdale State: MN Zip: 55113 Country:
W
Officer Assigned: Lebens, Mark Badge No: 123 Primary: No
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Officer Assigned: Erdman, Elliot Badge No: 148 Primary: No
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0
MOC: N3070 Literal: DISTURB PEACE -MS -PUBLIC NUISANCE Statute: 609-74 UCR: 24
2
Name(s)
Last Name: Walker First: Keonte Middle: Tyrell
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Involvement: Anonymous Complainant
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Involvement: Suspect Name: Walker, Keonte Tyrell
Age: 26 Sex: M Race: B Height: 509 Weight: 168
Address: 1199 Reaney City: St Paul State: MN Zip: 55106 Country:
Phone: (Home) (612)221-8417
Eye Color: BRO Hair Color: BLK
Supplemental Report
ICR: 12007427
Title: Noise Complaint
08-21-2012 1924
Created By: Mark Lebens
ON 08-20-12, AT 0039 HRS, SQUADS WERE DISPATCHED TO RESIDENCE FOR LOUD
MUSIC COMPLAINT. UPON ARRIVAL, LOUD SOUL MUSIC HEARD FROM STREET. MUSIC
WAS COMING FROM THE LOWER LEVEL UNIT OF THIS DUPLEX. MUSIC WAS PICKED
UP ON SQUAD CAMERA/AUDIO RECORDING. I HAD TO KNOCK TWICE TO GET THE
ATTENTION OF SOMEONE INSIDE. SUBJECT WHO IDENTIFIED HIMSELF AS RESIDENT
WAS ADVISED. OFFICER ERDMAN HAD GONE TO THE REAR OF THE RESIDENCE TO
CHECK. OFFICER ERDMAN ADVISED ME THAT HE OBSERVED MULTIPLE PEOPLE IN
THE KITCHEN AREA, TO INCLUDE ORASA LEE MEHRETE, WHO WE KNOW AS THE
RESIDENT THAT WHO HAS LIVED AT THIS RESIDENCE. INFO TO BE FORWARDED TO
CITY ATTORNEY DUE TO CHRONIC NOISE PROBLEMS FROM THIS LOCATION.
https://rvpdrms. metro-inet.us/letg/Applications/IncidentIReportControls/IncidentReport. as... 8/27/2012
Ronald H. Batty
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
NA
MEMORANDUM
To: Mayor and Members of the City Council
From: Ron Batty, city attorney
Date: September 11, 2012
Re: Continued Hearing Regarding Rental Housing License for 1954 Malvern Street
On August 16, 2012, the city council conducted a hearing on whether to revoke, suspend or not
renew the rental housing license for the property at 1954 Malvern Street. The city council
considered written material included in the council packet as well as oral testimony and comments
from numerous parties lasting almost 90 minutes. Following a brief discussion, the council
continued the hearing until September 13, 2012.
At the continued public hearing, I recommend that the city council take the following actions:
Reopen the public hearing and consider any additional evidence which may be presented.
The evidence may take the form of materials in the September 13 packet or written materials
or oral testimony presented at the continued hearing.
2. Close the hearing after receipt of all evidence or continue the hearing again if necessary.
Following the close of the hearing, weigh the evidence which has been presented. The
council should discuss the matter among themselves and feel free to ask questions of city
staff, consultants, the license holder and his representatives and other relevant parties but
keep in mind that the hearing is now closed.
4. Consider the actions to be taken, if any, based on the preponderance of the evidence. The
preponderance of the evidence means determining the relative weight of the evidence or
determining what is more likely to be the case than not.
In order to facilitate that process, I have prepared a draft of a resolution for consideration by
the council. I have done so due to the numerous sections of the licensing ordinance which
410707 RHB LA135-3
(612) 337-9262 telephone
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(612) 337-9310 fax
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rbatty@kennedy-graven.com
http://www.kcnnedy-graven.com
CHARTERED
MEMORANDUM
To: Mayor and Members of the City Council
From: Ron Batty, city attorney
Date: September 11, 2012
Re: Continued Hearing Regarding Rental Housing License for 1954 Malvern Street
On August 16, 2012, the city council conducted a hearing on whether to revoke, suspend or not
renew the rental housing license for the property at 1954 Malvern Street. The city council
considered written material included in the council packet as well as oral testimony and comments
from numerous parties lasting almost 90 minutes. Following a brief discussion, the council
continued the hearing until September 13, 2012.
At the continued public hearing, I recommend that the city council take the following actions:
Reopen the public hearing and consider any additional evidence which may be presented.
The evidence may take the form of materials in the September 13 packet or written materials
or oral testimony presented at the continued hearing.
2. Close the hearing after receipt of all evidence or continue the hearing again if necessary.
Following the close of the hearing, weigh the evidence which has been presented. The
council should discuss the matter among themselves and feel free to ask questions of city
staff, consultants, the license holder and his representatives and other relevant parties but
keep in mind that the hearing is now closed.
4. Consider the actions to be taken, if any, based on the preponderance of the evidence. The
preponderance of the evidence means determining the relative weight of the evidence or
determining what is more likely to be the case than not.
In order to facilitate that process, I have prepared a draft of a resolution for consideration by
the council. I have done so due to the numerous sections of the licensing ordinance which
410707 RHB LA135-3
are relevant and the many factual situations which are involved with the property. The
intent of the draft resolution is not to steer the council in one direction or the other. The
council should feel free to modify the resolution by adding, deleting or revising its recitals,
findings and conclusions. It is an attempt to lay out relevant information in one place to
help the council make a decision based on the evidence. The council should also feel free to
reject the entire resolution if it deems some other approach appropriate, including taking no
action against the license.
6. If the council does wish to adopt the resolution in the general form presented here, it will
still be necessary to complete a few blanks and the council may wish to amend some of the
language of the resolution. I suggest in that case that someone make a motion to direct city
staff to prepare a resolution in the form presented in the packet but with the following
amendments, and then state as specifically as possible what should be revised.
7. Once the above motion is seconded and adopted, staff will revise the resolution as directed
by the city council. It will then be brought back at a subsequent meeting within 30 days for
formal adoption, most likely on the consent agenda.
I will be in attendance at the September 13`l' continued hearing and available for questions or any
assistance I may offer.
410707 RHB LA135-3 2
DRAFT
CITY OF LAUDERDALE
RESOLUTION NO.
RESOLUTION REGARDING THE RENTAL HOUSING LICENSE FOR THE
PROPERTY AT 1954 MALVERN STREET
WHEREAS, on July 25, 2006, the city council of the city of Lauderdale (the "City")
adopted an ordinance regarding rental housing licensing within the community which was
codified as Chapter 11 of the Lauderdale city code (the "Ordinance"); and
WHEREAS, section 9-11-1 of the Ordinance states that its purpose is to protect the
public health, safety and welfare of the community at large and the residents of rental dwellings
to ensure that such housing is decent, safe and sanitary and to ensure that it is operated and
maintained so as not to become a nuisance to the neighborhood, an influence that fosters blight
and deterioration or creates a disincentive to reinvestment in the community; and
WHEREAS, section 9-11-1 of the Ordinance also states that owners and operators of
rental housing are engaged in a business enterprise that entails certain responsibilities, including
taking reasonable steps to ensure that the citizens of the city who occupy such units may pursue
the quiet enjoyment of the normal activities of life in surroundings that are safe, secure and
sanitary; free from noise, nuisance or annoyance; and free from unreasonable fears about the
safety of persons and security of property; and
WHEREAS, in order to accomplish those purposes, the Ordinance makes it unlawful to
operate a rental dwelling within the community without first obtaining a license from the City;
and
WHEREAS, the property located at 1954 Malvern Street (the "Property") is a duplex
which is operated as a two -unit rental dwelling; and
WHEREAS, the Property is owned in fee by Giese Rice Creek, LLC (the "Owner"),
whose business address is 9551 Marshall Road, Eden Prairie, Minnesota; and
WHEREAS, for calendar years 2010 and 2011, the rental dwelling license (the
"License") for the Property was held by the Owner; and
WHEREAS, for calendar year 2012 the License has been in the name of Allan Giese; and
WHEREAS, the License provides for two rental units (the "Upper Unit" and the "Lower
Unit") on the first and second floors of the dwelling, respectively; and
WHEREAS, section 9-11-6A of the Ordinance makes the Owner responsible for
violations of the duties and obligations of the Ordinance regarding rental dwellings even if the
410572 RHB LAI 35-3 1
duty or obligation is also imposed by Ordinance on the tenant or even if the Owner, by
agreement, has imposed the duty or obligation on the tenant; and
WHEREAS, section 9-11-10A of the Ordinance requires that the Owner ensure that
tenants conduct themselves in a manner so as not be cause a property to be disorderly; and
WHEREAS, a property is considered disorderly under the Ordinance if the conduct of a
tenant violates any of 11 specified provisions of state statute or city ordinance; and
WHEREAS, sections 9-11-10 C, D and E of the Ordinance provide for formal notice
from the City to the Owner for first, second and third violations, respectively, of the prohibition
against use of the Property in a disorderly manner; and
WHEREAS, on January 14, 2012, officers of the St. Anthony police department (the
"Police") under an agreement for police services between the cities of Lauderdale and St.
Anthony, responded to a radio call regarding a loud party in the Lower Unit which resulted in the
arrest of two visitors on outstanding warrants, the details of which incident are contained in
Police incident report 12000370; and
WHEREAS, on March 20, 2012, the Police witnessed an argument in the driveway
between the tenant of the Lower Unit and 7 to 8 individuals that arrived at the Property in
vehicles, the details of which incident are contained in Police incident report 12002382; and
WHEREAS, on May 10, 2012, the Police responded to a call from a neighbor regarding
an assault at the Property which resulted in taking a victim to the hospital, the details of which
incident are contained in Police incident report no. 12003805 (the "First Violation"); and
WHEREAS, the First Violation involves disorderly conduct in violation of Ordinance
sections 9-11-10 A 7 and 10; and
WHEREAS, by letter dated May 10, 2012, Heather Butkowski, the Lauderdale city
administrator (the "City Administrator"), notified the Owner that this incident constituted the
First Violation of the Ordinance; and
WHEREAS, in response to a previous notice from the City Administrator regarding a
second violation and as required by Ordinance section 9-11-10 D, the Owner submitted a written
report dated May 16, 2012 (the "Management Plan") detailing the actions taken and proposed to
be taken by the Owner to prevent further disorderly use of the Property; and
WHEREAS, on June 16, 2012, the Police responded to a radio call regarding a heated
argument outside near the Property, the details of which incident are contained in Police incident
report 12005202;
WHEREAS, on June 24, 2012, the Police responded to a radio call regarding a
disturbance in the front yard of the Property (the "Second Violation"), the details of which
incident are contained in Police incident report no. 12005442; and
410572 RHB LAI 35-3 2
WHEREAS, the Second Violation involves disorderly conduct in violation of Ordinance
sections 9-11-10 A 7 and 10; and
WHEREAS, by letter dated July 16, 2012, the City Administrator notified the Owner that
this incident constituted the Second Violation of the Ordinance; and
WHEREAS, on July 15, 2012, the Police responded to a radio call regarding loud music
from the Property which resulted in a citation of the tenant of the Lower Unit and observation by
the Police of the possession of illegal drugs in the Lower Unit, the details of which incident are
contained in Police incident report no. 12006091 (the "Third Violation"); and
WHEREAS, the Third Violation involves disorderly conduct in violations of Ordinance
sections 9-11-10 A 3, 7 and 10; and
WHEREAS, by letter dated August 3, 2012, the City Administrator notified the Owner of
the Third Violation and of a hearing to be held by the city council pursuant to section 9-11-10 E
of the Ordinance; and
WHEREAS, pursuant to section 9-11-10 E 2 of the Ordinance, the City is authorized to
revoke, suspend or decline to renew the License for all or any part or parts of the Property; and
WHEREAS, on August 16, 2012, the city council opened a hearing (the "Hearing") to
consider whether the License for all or any part or parts of the Property should be suspended,
revoked or not renewed; and
WHEREAS, at the Hearing, the city council considered the written materials in the
council meeting packet, which included copies of the Police incident reports for the First, Second
and Third Violations; Police incident reports regarding three additional incidents which occurred
at the Property on January 14, 2012, March 20, 2012 and June 16, 2012; a memorandum from
the city attorney; the City Administrator's letters to the Owner regarding the First, Second and
Third Violations; the Owner's May 16, 2012 Management Plan; and a copy of the Ordinance;
and
WHEREAS, at the Hearing, the city council heard testimony from the Owner's
representatives, including the Owner's attorney and the manager of the Property, from the
tenants of the Lower and Upper Units, and members of the public and considered the comments
of the City Administrator and city attorney; and
WHEREAS, following dialogue with the Owner's representatives and the City
Administrator and city attorney and discussion among themselves, the city council continued the
Hearing to September 13, 2012; and
WHEREAS, on September 13, 2012, the city council received additional testimony from
and reviewed additional written material including information about a Police
call to the Property on August 20, 2012 involving loud music from the Lower Unit and contact
410572 RHB LAI 35-3 3
with a male who identified himself as a resident, the details of which incident are contained in
Police incident report 12007427 and which has subsequently resulted in a criminal complaint
against the tenant of the Lower Unit.
NOW, THEREFORE, after careful consideration of all written materials submitted and
the oral testimony offered at the Hearing, the city council makes the following findings:
1. The Owner has obtained a License and operates the Property as a two -unit rental dwelling
under the License and pursuant to the Ordinance;
2. The Owner has no legal authority to operate the Property as a rental dwelling except
under the License issued by the City pursuant to the Ordinance;
3. Conduct has occurred which has resulted in the Property being used in a disorderly
manner in violation of the Ordinance, including the First, Second and Third Violations as
well as the additional incidents which occurred on January 14, 2012, March 20, 2012,
June 16, 2012 and August 20, 2012;
4. The Police incident reports show a consistent lack of willingness by residents and visitors
to cooperate with the Police when called to the Property, which lack of cooperation
impedes effective police work and endangers all residents of the Property and of the
community as a whole;
5. The Police incident reports regarding the First, Second and Third Violations as well as
those concerning the additional four incidents at the Property since January 14, 2012 are
credible and have not been impeached in any substantive manner by any written evidence
or oral testimony presented at the Hearing;
6. The Owner has failed in its duty under the Ordinance and in spite of the promises and
representations made in the Management Plan to ensure that the Property is not used in a
disorderly manner;
7. Conduct has repeatedly occurred on the Property which causes it to be a nuisance to the
neighborhood and which may foster blight, deterioration and a disincentive to reinvest in
the community;
8. The City council, having conducted the Hearing and considered all evidence and
testimony presented, hereby acts in a quasi-judicial capacity in this matter.
NOW, THEREFORE, BE IT FURTHER RESOLVED, by the city council of the city of
Lauderdale as follows:
[Choose One]
1. The Owner's License for (one or both units) of the Property is hereby revoked effective
410572 RHB LA135-3 4
2. The Owner's License for (one or both units) of the Property is hereby suspended until
3. The Owner is hereby notified that the License for (one or both units) of the Property will
not be renewed beginning January 1, 2013 unless prior thereto the Owner presents
compelling evidence which the city council, in its sole and exclusive discretion, deems
credible and sufficient to ensure that the use of the Property will cease to be disorderly.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the city council of the city of
Lauderdale that the City Administrator send the Owner an executed copy of this resolution and
that city staff and consultants, including but not limited to the City's criminal and civil attorneys,
be authorized and directed to take all actions necessary or convenient to effect the intent and
purpose of this resolution.
Dated: .2012.
Jeffrey E. Dains, Mayor
ATTEST:
Heather Butkowski, City Clerk -Administrator
410572 RH13 LAI 35-3 5