Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
07/24/2007
LAUDERDALE CITY COUNCIL MEETING AGENDA TUESDAY, JULY 24 7:30 P.M. CITY HALL 1891 WALNUT STREET 1. ROLL CALL 2. APPROVAL OF THE AGENDA 3. APPROVALS a. Minutes of the July 10, 2007, City Council Meeting. b. Claims totaling $34,429.62. 4. OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA 5. CONSENT a) Request for Proposals to Remove Social Room Floor. 6. SPECIAL ORDER OF BUSINESS/RECOGNITION/PROCLAMATIONS 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal can have input in to the decision. 8. REPORTS a) Music Under the Trees b) Day in the Park 9. DISCUSSION/ ACTION a) Speed limit and speed bumps b) Music Under the Trees Reimbursement 10. ITEMS REMOVED FROM THE CONSENT AGENDA 11. ADDITIONAL ITEMS 12. SET AGENDA FOR NEXT MEETING a) 13. WORK SESSION a) 2008 Budget b) Nuisance Ordinance 14. CLOSED SESSION — LEGAL ISSUES 1 MINUTES OF THE LAUDERDALE CITY COUNCIL TUESDAY, JULY 10, 2007 7.30 p.m. Lauderdale City Hall, 1891 Walnut Street Mayor pro -tem Doherty called the meeting to order at 7:30 p.m. and asked Administrator Heck to take the roll. Members present: Council members Karen Gill -Gerbig, Denise Hawkinson, Clay Christensen, and Karen Doherty. Mayor Dains was not present. Also present were staff members Jim Bownik, Assistant to the City Administrator and Heather Butkowski, Deputy Clerk. Mayor pro -tem Doherty asked if there were any additions or deletions to the agenda. There being no additions or deletions from the agenda, council member Christensen moved to approve the agenda. Motion seconded by council member Hawkinson and carried. Mayor pro -tem Doherty asked if there were any additions or corrections to the minutes of the June 6, 2007, City Council minutes. There being no amendments to the minutes, council member Hawkinson moved approval. Council member Gill -Gerbig seconded the motion and it carried. Mayor pro -tem Doherty asked if there were any questions on the claims. There being no questions, council member Gill -Gerbig moved to approve the claims in the amount of $61,449.85. Council member Christensen seconded the motion and it carried. Mayor pro -tem Doherty asked if anyone present wished to address the Council on issues not on the agenda. There being none, the Council took up consideration of the consent agenda. Mayor pro -tem Doherty asked if the Council wised to add or remove anything from the consent agenda. There being no such motion, council member Hawkinson moved approval of the consent agenda approving rental housing license applications. Council member Gill -Gerbig seconded the motion and it carried. The Council set the agenda for the next meeting. Administrator Heck said the items for the next agenda included Larpenteur Avenue discussion, street discussion on speed limits and bumps, possibly County road turn back, 2008 budget, and Day in the Park. The Council moved into their work session following a five minute break. The first item discussed by the Council was the first section of the draft nuisance ordinance. The section related to abandoned property. The Council made suggestions for staff to review and will discuss the first two parts of section two of the ordinance at the next meeting. The Council then discussed the 2008 draft budget. Specific items of discussion included park development funding concepts, providing for development funds, and drawing down the TIF fund balance. - 1 - Heck stated the proposed budget includes approximately $36,000 as contingency. 2007 has $15,000 in contingency. It was suggested to keep $15,000 in contingency and move the balance to the development line, approximately $20,000. Heck addressed the Park Improvement Fund and indicated the 2008 draft calls for a $90,000 transfer from the General Capital Improvement Fund to help cover the costs of a rehabilitated hockey rink and playground. Heck went on to say he understands the Council has park maintenance and improvement as a high priority, and to that end, a funding source needs to be arrived at. Heck described several possible methods. After discussion, the council asked Heck to put in a fixed dollar amount in the General Fund as a budgeted transfer to the Park Improvement Fund. Finally, Heck addressed the TIF account. He went over the uses of TIF and suggested the City budget funds to cover the cost of a feasibility study for Eustis Street and work with the County on the turn back issue. He also suggested funds be set aside to purchase vacant and other property in the city and then offer the housing sites to Habitat for Humanity, the Rondo Land Trust or some organization for development of new or rehabilitated housing for low and moderate income families. The Council endorsed the general idea and asked staff to include expenses relating to these activities. There being no further items to discuss, Council member Gill -Gerbig moved to adjourn the meeting. Council member Hawkinson seconded the motion and the Council adjourned the meeting at 9:30 p.m. -2- CITY OF LAUDERDALE Claims for Approval Jug 24, 2007 City Council Meeting 7/13/07 Payroll: Direct Deposit # 500376-500380 7/13/07 Payroll: Payroll Liabilities, e -payments 171E -173E 17/24/07 Claims: Check #s 18737-18765 Subtotal of Claims From Above $6,772.09 $5,607.59 $22,049.94 $34,429.62 Total Claims for Approval $34,429.62 CITY OF LAUDERDALE 07/16/07 3:59 PM Page 1 Payments Current Period: JULY 2007 Batch Name 071307paytax Payment Computer Dollar Amt $5,607.59 Posted Refer 310 /CMA RETIREMENT TRUST - 457 Ck# 000171 E 7/13/2007 Cash Payment G 101-21705 ICMA RETIREMENT 7/13/07 payroll $1,691.91 Invoice Transaction Date 7/11/2007 Due 0 NORTH STAR CHEC 10100 Total $1,691.91 Refer 311 PERA Ck# 000172E 7/13/2007 Cash Payment G 101-21704 PERA 7/13/07 payroll $1,337.51 Invoice Transaction Date 7/11/2007 Due 0 NORTH STAR CHEC 10100 Total $1,337.51 Refer 312 NORTH STAR BANK, CHECKING S Ck# 000173E 7/13/2007 Cash Payment G 101-21703 FICA WITHHOLDING. 7/13/07 payroll taxes Invoice Cash Payment G 101-21701 FEDERAL TAXES 7/13/07 payroll taxes Invoice Transaction Date 7/11/2007 Due 0 NORTH STAR CHEC 10100 Fund Summary BATCH Total 10100 NORTH STAR CHECKING 101 $5,607.59 $5,607.59 Pre -Written Checks $5,607.59 Checks to be Generated by the Compute $0.00 Total $5,607.59 Total $1,749.70 $828.47 $2,578.17 $5,607.59 CITY OF LAUDERDALE *Check Detail Register© JULY 2007 Check Amt Invoice Comment 10100 NORTH STAR CHECKING Paid Chk# 018737 7/24/2007 APMP OF MN E 101-41200-308 TRAINING\CONFERENCES $15.00 hb annual conference/training Total APMP OF MN $15.00 Paid Chk# 018738 7/24/2007 BIFFS, INC. E 101-45200-427 PORTA POTTY RENTAL $83.91 7/07 park restroom Total BIFFS, INC. $83.91 Paid Chk# 018739 7/24/2007 CINTAS E 601-49000-425 CLOTHING $27.05 pw clothing E 601-49000-425 CLOTHING $27.05 pw clothing E 601-49000-425 CLOTHING $27.05 pw clothing Total CINTAS $81.15 Paid Chk# 018740 7/24/2007 CITY OF FALCON HEIGHTS E 101-42200-321 FIRE CALLS $3,440.97 6/07 fire calls Total CITY OF FALCON HEIGHTS $3,440.97 Paid Chk# 018741 7/24/2007 CITY OF ROSEVILLE E 101-41200-391 TELEPHONE/PAGERS $234.84 4/15-6/14 phone service E 101-41200-306 CONSULTING FEES $202.83 7/07 it services Total CITY OF ROSEVILLE $437.67 Paid Chk# 018742 7/24/2007 CITY OF ST PAUL E 101-43200-381 ELECTRIC $13.68 Fulham/Hoyt shared street ligh Total CITY OF ST PAUL $13.68 Paid Chk# 018743 7/24/2007 EAST HENNEPIN AUTO SERVICE INC E 101-43100-212 MOTOR FUELS $31.50 6/07 motor fuels E 601-49000-212 MOTOR FUELS $3.50 6/07 motor fuels Total EAST HENNEPIN AUTO SERVICE INC $35.00 Paid Chk# 018744 7!24/2007 FREERS &ASSOCIATES E 101-48412-550 OTHER IMPROVEMENTS $90.00 6/07 consulting - Larpenteur P Total EHLERS & ASSOCIATES $90.00 Paid Chk# 018745 7/24/2007 ESCHELON TELECOM, INC E 101-41200-391 TELEPHONE/PAGERS $50.52 6/07 fax line Total ESCHELON TELECOM, INC $50.52 Paid Chk# 018746 7/24/2007 EUREKA RECYCLING E 203-50000-389 RECYCLING CONTRACTOR $1,456.91 6/07 recycling service Total EUREKA RECYCLING $1,456.91 Paid Chk# .018747 7/24/2007 GAMETIME E 404-48404-525 PLAYGROUND (CDBG) $151.12 2 replacement swings Total GAMETIME $151.12 CITY OF LAUDERDALE *Check Detail Register© JULY 2007 Check Amt Invoice Comment Paid Chk# 018748 7/24/2007 GOPHER STATE ONE -CALL E 101-43400-386 GOPHER STATE ONE CALL $26.10 6/07 locate calls. Total GOPHER STATE ONE -CALL $26.10 Paid Chk# 018749 7/24/2007 HUGHES & COSTELLO E 101-42300-355 MISC PRINTING/PROCESS SER $140.00 7/07 retainer and fees E 101-42300-305 LEGAL FEES $850.00 7/07 retainer and fees Total HUGHES & COSTELLO $990.00 Paid Chk# 018750 7/24/2007 KENNEDY & GRAVEN, E 101-41400-305 LEGAL FEES $285.00 6/07 legal services - Carl St E 101-41400-305 LEGAL FEES $330.00 6/07 legal services - general E 101-41400-305 LEGAL FEES $360.00 6/07 legal services - park Total KENNEDY & GRAVEN $975.00 Paid Chk# 018751 7/24/2007 LILLIE SUBURBAN NEWS E 101-41600-309 DELIVERY $733.60 6/07 Roseville Review delivery Total LILLIE SUBURBAN NEWS $733.60 Paid Chk# 018752 7/24/2007 MET -COUNCIL ENVIRONMENTAL SER. E 601-49000-387 WATER TREATMENT SERVICE $8,377.59 8/07 waste water service Total MET -COUNCIL ENVIRONMENTAL SER. $8,377.59 Paid Chk# 018753 7/24/2007 MN DEPT OF LABOR AND INDUSTRY E 101-43400-443 SURCHARGE REPORT $172.17 2g07 surcharge report fee Total MN DEPT OF LABOR AND INDUSTRY $172.17 Paid Chk# 018754 7/24/2007 NAPA AUTO PARTS E101-43100-402 CITY TRUCK REPAIR/MAINTEN $48.46 oil, bulbs, misc Total NAPA AUTO PARTS $48.46 Paid Chk# 018755 7/24/2007 PARK SERVICE E 601-49000-212 MOTOR FUELS E 101-43100-212 MOTOR FUELS Total PARK SERVICE Paid Chk# 018756 7/24/2007 PIONEER PRESS $16.15 6/07 motor fuels $145.35 6/07 motor fuels 4)lel.ou E 101-41200-438 DUES & SUBSCRIPTIONS $104.78 '07208 renewal Total PIONEER PRESS $104.78 Paid Chk# 018757 7/24/2007 PUBLIC EMPLOYEES INS PROGRAM G 101-21706 HEALTH INSURANCE $1,875.48 8/07 employee benefits Total PUBLIC EMPLOYEES INS PROGRAM $1,875.48 Paid Chk# 018758 7/24/2007 RAMSEY COUNTY, PROP REC & REV E 101-42100-442 MISC $505.92 May & June 2007 911 dispatch G 101-21706 HEALTH INSURANCE $251.29 8/07 employee benefits E 101-42100-442 MISC $505.92 May & June 2007 911 dispatch E 101-41300-355 MISC PRINTING/PROCESS SER $25.00 8/07 employee benefits process CITY OF LAUDERDALE *Check Detail Register© JULY 2007 Check Amt Invoice Comment Total RAMSEY COUNTY, PROP REC & REV $1,288.13 Paid Chk# 018759 7/24/2007 ROSEVILLE COMMUNITY BAND E 201-45600-369 MUSIC UNDER THE TREES $200.00 7/07 Music Under the Trees Total ROSEVILLE COMMUNITY BAND $200.00 Paid Chk# 018760 7/24/2007 SPRINT PCS E 601-49000-391 TELEPHONE/PAGERS $34.20 6/07 pw cell phones E 101-43100-391 TELEPHONE/PAGERS $34.20 6/07 pw cell phones Total SPRINT PCS $68.40 Paid Chk# 018761 7/24/2007 SUBURBAN ACE HARDWARE E 101-45200-228 MISC REPAIRS MAINT SUPPLIE $43.48 park supplies Total SUBURBAN ACE HARDWARE $43.48 Paid Chk# 018762 7/24/2007 TOSHIBA BUSINESS SOLUTIONS E 101-41200-401 COPIER CONTRACT $333.48 3807 copier maintenance Total TOSHIBA BUSINESS SOLUTIONS $333.48 Paid Gh-00 18763 7/24/2007 XCEL ENERGY, CITY HALL E 101-43100-383 GAS UTILITIES $34.72 6/07 City Hall gas & electric E 101-43100-381 ELECTRIC $225.47 6/07 City Hall gas & electric Total XCEL ENERGY, CITY HALL $260.19 Paid Chk# 018764 7/24/2007 XCEL ENERGY, PARK & GARAGE E 101-45200-381 ELECTRIC E 101-43100-381 ELECTRIC E 101-43100-383 GAS UTILITIES E 101-45200-383 GAS UTILITIES Total XCEL ENERGY, PARK & GARAGE $11.95 6/07 park/pw gas & electric $11.96 6/07 park/pw gas & electric $25.74 6/07 park/pw gas & electric $25.74 6/07 park/pw gas & electric $75.39 Paid Chk# 018765 7/24/2007 XCEL ENERGY, STREET LIGHTING E 101-43200-381 ELECTRIC $460.26 6/07 street lighting Total XCEL ENERGY, STREET LIGHTING $460.26 10100 NORTH STAR CHECKING $22,049.94 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $11,729.32 201 COMMUNITY EVENTS $200.00 203 RECYCLING $1,456.91 404 PARK IMPROVEMENT $151.12 601 SEWER UTILITIES $8,512.59 $22,049.94 LAUDERDALE COUNCIL ACTION REQUESTED MEETING DATE July 24, 2007 Consent X Special ITEM NUMBER RFP for Social Room Floor Public Hearing Report STAFF INITIAL Jim Discussion Action Resolution ADMINISTRATOR Work session APPROVED BY DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: At the April 24th council meeting, the Council approved staff's request to move forward with new the for the Social Room. However, that was delayed because with the realization that special procedures would be required for the floor removal process. Attached is the proposed RFP for the Social Room floor. The cost is estimated at less than $10,000. According to the proposal- the removal, disposal, and air monitoring would occur the week of September 17th. The new tile installation would be scheduled for the following week. Lauderdale resident John Bissen, a consultant for ATC Associates, deals with these types of projects and has provided competent guidance through the process. As a Lauderdale resident, Mr. Bissen has agreed to continue providing guidance as needed at no charge as a contribution to the community. OPTIONS: 1) Approve as part of the consent agenda as presented. 2) Remove from the consent agenda for discussion, followed by approval or denial. STAFF RECOMMENDATION: Motion for staff to request proposals from companies for the removal of the social room floor per the enclosed proposal and to enter into an agreement with a qualified company for the work specified in the proposal for an amount not to exceed $10,000. COUNCIL ACTION: Nfl- ?'Wup ArArtim.0 royro J w 76G(,.if'1.d i/t if to Atetw CITY HALL 1891 WALNUT STREET LAUDERDALE, MN 551 13 MAIN 651.792-7650 JIM 651.792.7656 FAX 651.631-2066 July 25, 2007 The City of Lauderdale Minnesota is requesting proposals for the removal of asbestos containing floor tile and non -asbestos mastic from the community meeting room located within the Lauderdale City Hall, 1891 Walnut Street, Lauderdale Minnesota. The floor tile was sampled by John Bissen, MDH Asbestos Building Inspector AI1063 and analyzed via polarized light microscopy (PLM) by ATC Associates Inc laboratory in Centennial Colorado and was determined to contain 15% chrysotile. The black mastic was determined to not contain asbestos, however, the City of Lauderdale is including the removal of this mastic as a requirement of this proposal request. Mr. Bissen also interpreted the broken condition of the the through the center and other areas of the Community Room floor to be in a condition requiring a friable removal method according to the Minnesota Department of Health Asbestos Abatement Rules 4620.3000 through 4620.3724. The City of Lauderdale is requesting a lump sum proposal to include the following requirements for the abatement of the Community Room floor tile and mastic: 1. Notification and subsequent permit fees to MDH and MPCA. 2. Full containment method of removal consistent with MDH-AAR. 3. Proper worker protection consistent with 29.CFR.1926. 4. Adjacent and clearance air monitoring as required by MDH-AAR. 5. Proper disposal and manifest documentation of the disposal of all asbestos containing and asbestos contaminated materials associated with this project consistent with applicable state and Federal requirements. 6. The successful abatement contractor will also be required to use a low odor solvent for the removal of the non -asbestos mastic and to follow the manufacturers recommended procedures for neutralizing the floor after the solvent cleaning procedures. 7. Submission of a post -project report document consisting of all records required by the contractor as required by MDH-AAR. 8. The successful contractor will be required to complete this project beginning on Monday, September 17, 2007 at 7:00 AM with final air clearance sampling, analysis and containment barrier removal and de -mobilization complete by 5:00 PM, September 20, 2007. The quantity of material is approximately 2,000 square feet. The contractor is required to verify the field quantity and site conditions prior to submission of proposal. The Community Room is available for inspection Monday -Friday 9 a.m. to 4 p.m. The proposals are to be sent to the attention of Mr. Jim Bownik, Assistant to the City Administrator, City of Lauderdale, 1891 Walnut Street, Lauderdale, MN 55113 office by 1:00 PM, August 8, 2007. LAUDERDALE COUNCIL ACTION FORM TYPE OF REQUEST Consent ❑ Action X Resolution ❑ Information ❑ Work session ❑ MEETING DATE Tuesday, July 24, 2007 AGENDA NUMBER DESCRIPTION Speed control options I BACKGROUND OR PAST COUNCIL ACTION I The discussion of speed limits, speed bumps and such has been discussed at council meetings over the past several months. Attached is information on this subject. OPTIONS 1. Direct staff to draft a resolution lowering speed limits on residential streets to 25 mph 2. Lower the speed limit and install speed bumps on various streets in the city. 3. Install speed bumps. 4. Install speed humps. 5. Direct staff to work with Bonestroo to conduct study or purchase portable monitoring equipment. 6. Do nothing STAFF RECOMMENDATION Based on all the various issues, staff recommends an analysis of the actual speeds on residential streets through the use of speed signs, speed cart, or tubular counters. MOTION BY SECOND STAFF ACTION Memo To: City Council From: Brian W. Heck, City Administrator CC: Staff, Tom Kellogg Date: July 20, 2007 Re: Speed limits and Speed bumps The council requested staff research lowering speed limits on local streets from 30 miles per hour to 25 miles per hour. A resident requested the council consider the use of temporary speed bumps as a tool to reduce the speed of traffic on residential streets. In response to the concerns raised, staff spoke to Chief Ohl and officers were asked to run radar on Eustis Street. Furthermore, the City of Falcon Heights placed their speed cart on Fulham monitoring north bound traffic. The results of this monitoring indicated the average speed to be just over 30 mph with a top speed of 35 recorded on Eustis and 50 recorded on Fulham. No monitoring has been established on any of the city streets (both Fulham and Eustis are county roads). Speed Limits Minnesota statute 169.14, Subdivision 2 covers speed limits for roads in the State. Paragraph a (7) is the statutory authority for lowering a speed limit from 30 mph to 25 mph. Under the statute, the road authority can lower the speed to 25 for residential streets for the roads under its authority. Ron Batty indicated this can be accomplished by passing a resolution. Once a resolution is passed, the speed limit is not effective until the roads covered are posted by the road authority. Lauderdale has three segments of County Road that would still have a 30 mph limit. Only the County could establish a 25 mph for these roads. It just so happens that these are the main roads where speed is a concern. Lauderdale would have to request the County pass a resolution establishing the 25 mph limit and the County would have to post the signs unless an agreement is worked out between the County and Lauderdale. In talking with John Ohl about the issue, he does not feel lowering the speed limit will have any appreciable impact on speeding. Attached is his memorandum regarding the speeding and speed bump issues. Bonestroo also provided a bit of information and a comments on speeding and speed bumps. Bonestroo suggests we first determine if there is an actual speeding problem on the residential streets. They suggest using tube counters to measure speed. Speed Bumps / Humps There is a difference between a speed bump and a speed hump. The speed bump is an abrupt and short bump in the road. They are taller and shorter than a speed hump and cause problems for emergency vehicles, bicyclists, and motorcycles. The speed bump can be installed as a temporary fixture by using spikes to hold them to the road. Attaching them to the road will leave a spike hole in the road and there is the potential for damage to the road during the freeze / thaw cycle. Speed bumps are more appropriate for gated communities and parking lots. A speed hump is a longer and more gradual raise in the road. Generally they rise 2 — 3 inches over distance of 7 to 14 feet and are recommended for municipal streets. These humps are then painted with wide white lines to indicate the change in the road. These types of structures are made of rubber and interlock for ease of installation. The units are attached to the road using anchors, machine screws, and bolts. They need to be removed in the fall and reinstalled in the spring. Speed Signs / Speed Cart One potential deterrent as well as educational solution is to use a series of speed signs and/or speed cart to evaluate the actual speed and number of vehicles traveling local streets. Last year, St. Anthony approached Lauderdale and Falcon Heights about jointly purchasing a speed cart that shows the speed of vehicles as well as collect data such as number and speeds. Lauderdale could request a rental arrangement with Falcon Heights for the use of their speed cart to assess actual speeds and numbers of vehicles. Another alternative is to acquire speed signs. These signs do essentially what the speed cart does only they are mounted on posts. Some models can be moved around and others are at fixed locations. Staff recommends conducting a study before passing a resolution lowering the speed to 25. Staff further recommends using the Newsletter and other sources to educate residents on the speed limit. 0 Page 2 DATE: July 17, 2007 TO: Brian Heck, City Administrator FROM: John Ohl, Chief of Police SUBJECT: Residential Speeding There are many factors that contribute to speeding in residential areas, but the most important is the driver's attitude and beliefs about speeding. Most drivers do not see speeding as a particularly serious offense, and also tend to over estimate their driving skill. The most important factor in determining speed is the driver's perception of the road environment and what speed is safe to drive. This is an interesting phenomenon because many, if not most, drivers also live in residential neighborhoods and conversely complain about speeding vehicles. Traffic engineers generally set speed limits at the 85th percentile, which is the speed at which (or below) 85% of the drivers travel (National Highway Traffic Safety Administration statistic). To understand the problem, you must ask the right questions: • How many crashes occur in residential neighborhoods? • How serious are the injuries, if any? • What percentage of the crashes are speed related? • What factors are involved? • How many complaints do police receive about speeding vehicles, and what are the specific complaints (real or perceived)? • Who are the violators (visitors, commuters, residents)? • Where specifically is the problem? • Are speed limits signs prominently posted? • Is the speed limit proper for the roadway (too high, too low)? • What road conditions make speeding more likely? • Among many others..... There are 3 main responses to residential speeding: • Engineering response — traffic calming strategies such as narrowing the road, bends and curves, speed humps (twelve foot wide and 2-3 inches high), speed bumps (shorter and narrower and can be crossed only at lower speeds), marking roads to create illusions of narrowing, plantings along roadsides, posting warning signs, painting "SLOW" on the street surfaces, etc... • Educational response — public awareness campaigns, speed display carts, lawn signs, informing residents of actual speeds, etc... Enforcement response — increase enforcement, speed cameras (illegal in MN), citizen volunteers to monitor speeding, etc... Most police departments, as well as the U.S. Department of Justice research on speeding, seem to suggest that speed limits alone have little effect on actual vehicle speeds. According to the U.S. Department of Justice research, reducing posted speed limits will typically decrease the actual average vehicle speeds by only % of the reductions. Reducing the posted speed limit from 30 to 25 will reduce actual average vehicle speeds by only a little more than one mile per hour. When speed limits are set lower than what most drivers consider safe (typically the 85th percentile), the net effect is to cause many drivers to ignore those speed limits, as well as other posted speed limits. According to the Department of Justice, other responses with limited effectiveness are: Increasing fines. Erecting stop signs, (actually have been shown to increase speeds as drivers perceive the need to make up for lost time mid -block). Stop signs may also accentuate acceleration noise, which can become problematic. Installing speed bumps (as opposed to humps). Speed bumps can be hazardous to bikers, motorcycles, pedestrians, etc., and they may create liability issues. I believe it is safe to say that a law enforcement response alone is seldom effective. In most cases, a combined effort of education, enforcement, and engineering is the most effective response to residential speeding. JO:vj Speed bumps Brian Heck From: Kellogg, Tom P [Tom. Kellogg@bonestroo.com] Sent: Monday, July 02, 2007 3:31 PM To: Brian Heck Cc: Ficek, Bryant J Subject: Speed bumps Page 1 of 4 Brian, Please read the following memo from Bryant Ficek with our transportation group regarding your speed hump and speed limit inquiry. Please contact Bryant or me directly if you have any other questions or concerns. Thanks, Tom Tom Kellogg, PE Associate Tel 651-604-4863 Cell 651-775-5637 tom.kellogg@bonestroo.com S� From: Ficek, Bryant 7 Sent: Monday, July 02, 2007 3:19 PM To: Kellogg, Tom P Cc: Johnson, Sheldon J Subject: RE: Speed bumps Tom, State statutes read - 169.14 SPEED LIMITS, ZONES; RADAR. Subd. 2. Speed limits. a) Where no special hazard exists the following speeds shall be lawful, but any speeds in excess of such limits shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful; except that the speed limit within any municipality shall be a maximum limit and any speed in excess thereof shall be unlawful: 1) 30 miles per hour in an urban district or on a town road in a rural residential district; 2) 65 miles per hour on noninterstate freeways and expressways, as defined in section 160.02, subdivision 19; 3) 55 miles per hour in locations other than those specified in this section; 4) 70 miles per hour on interstate highways outside the limits of any urbanized area with a population of greater than 50,000 as defined by order of the commissioner of transportation; 5) 65 miles per hour on interstate highways. inside the limits of any urbanized area with a population of greater than 50,000 as defined by order of the 7/16/2007 Speed bumps Page 2 of 4 commissioner of transportation; 6) ten miles per hour in alleys; and 7) 25 miles per hour in residential roadways if adopted by the road authority having jurisdiction over the residential roadway. b) A speed limit adopted under paragraph (a), clause (7), is not effective unless the road authority has erected signs designating the speed limit and indicating the beginning and end of the residential roadway on which the speed limit applies. c) For purposes of this subdivision, "rural residential district" means the territory contiguous to and including any town road within a subdivision or plat of land that is built up with dwelling houses at intervals of less than 300 feet for a distance of one-quarter mile or more. d) Notwithstanding section 609.0331 or 609.101 or other law to the contrary, a person who violates a speed limit established in this subdivision, or a speed limit designated on an appropriate sign under subdivision 4, 5, 5b, 5c, or 5e, by driving 20 miles per hour or more in excess of the applicable speed limit, is assessed an additional surcharge equal to the amount of the fine imposed for the speed violation, but not less than $25. Based on our interpretation, as long as the City Council passes an ordinance or some official adoption of 25 mph residential roadways and posts the road accordingly, the City can do it. As for temporary speed humps, the City of Minneapolis uses them in their alleys with success. Theirs and others have to be secured to the roadway in some manner, which generally means spikes or something similar. We do not know enough about them to state confidently one way or the other the potential damage to the roadways. A 2002 study from Iowa State did state "The temporary speed hump and temporary speed table used in this study were easily installed and removed with little damage to the existing pavement." That same study and others have found speed humps to be effective in reducing speeds when used in a series. Generally, one speed hump will cause traffic to slow at that location. A series along a corridor will have more effect on the corridor speeds. We would also recommend the City determine first if there is a speeding problem on the roadway (s). Speeds are perceived to be higher when a resident is sitting in their yard or driveway. Tube counters can measure the speeds of all passing vehicles to show what current speeds are and if they are above the limit. Another concern is in regard to removal. We have heard of several Cities that have put in speed humps at resident requests' only to remove them some months later due to those same residents now complaining. A temporary speed hump eliminates most of the cost with removal. Bicycle movements and water drainage can be a concern depending upon the exact installation. Often the speed humps are stopped two to three feet from the curb to allow for bicycles and drainage. Emergency vehicle response time will increase with speed hump installation. The added time could be significant if several must be crossed to reach the desired location. The City should get the opinion of the police and fire in this matter. Finally, speed humps will cause some motorists to divert to other nearby roadways if available. The percentage is variable depending upon the other available routes. Again, a quick study of the area could determine the likelihood of motorists diverting to other areas. 7/16/2007 ACTION REQUESTED Consent LAUDERDALE COUNCIL MEETING DATE July 24, 2007 Special Public Hearing ITEM NUMBER Music Under the Trees Reimbursement Report Discussion/Action —X— STAFF INITIAL Jim Resolution '1 Work session APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Kathy Lerfald purchased ice cream cups to give away as part of the Music Under the Trees. Ms. Lerfald originally estimated the cost to be about $20. The supplier required a $50 minimum order, so she ordered 144 ice cream cups for a total of $52.37 with the intention of requesting reimbursement only for the portion used at the event. Due to the large turn -out, all of the ice cream cups were given out. Ms. Lerfald assumed the City would reimburse her for this expense based on previous discussions. Thus, I am asking the Council to consider this request. OPTIONS: 1) Approve the reimbursement of ice cream cups used for Music Under the Trees. 2) Do not approve the reimbursement of ice cream cups used for Music Under the Trees.. STAFF RECOMMENDATION: Approve the reimbursement of $52.37 for purchase of ice cream cups used for Music Under the Trees. COUNCIL ACTION: Specializing in Wholesale Dairy '00Products, Food & Food Services 2350 Anthony Lane South Minneapolis, MN 55418-3287 Phone: (612) 465-8920 Fax: (612) 465-8901 SOLD TO: SHIPPED TO: NUMBER OF PCS INVOICE TOTAL Please check your invoice and merchandise. We cannot be responsible for damages-1� Z" "', �:- ,— -� - - I . , , — i or shortages unless noted on invoice. CUSTOMER'S SIGNATURE: 4 If not paid within 30 days from date of this invoice, your account becomes subject to a All merchandise received and in satisfactory condition. FINANCE CHARGE which is computed at a rate of 1.5% which is an annual Prices may change on f6od and dairy 'Products without notice. percentage rate of 18% applied to the portion of the new balance that is 30 days old. 0, 7 NUMBER OF PCS INVOICE TOTAL Please check your invoice and merchandise. We cannot be responsible for damages-1� Z" "', �:- ,— -� - - I . , , — i or shortages unless noted on invoice. CUSTOMER'S SIGNATURE: 4 If not paid within 30 days from date of this invoice, your account becomes subject to a All merchandise received and in satisfactory condition. FINANCE CHARGE which is computed at a rate of 1.5% which is an annual Prices may change on f6od and dairy 'Products without notice. percentage rate of 18% applied to the portion of the new balance that is 30 days old. To: City Council From: Brian W. Heck, City Administrator CC: Staff Date: July 20, 2007 Re: 2008 Budget Draft #3 Attached are summary sheets for the General Fund and Special Revenue Funds. I made the following changes to the budget based on the discussions and suggestions of Council. General Fund • 1 moved $20,000 from Contingency to Development. This leaves just over $15,000 in Contingency. • 1 added a transfer of $25,000 from the General Fund to the Park Improvement Fund. • 1 separated the Public Safety Revenue so Fire is displayed as its own revenue. The total general fund budget expenditure is $1,093,105 and the levy is $582,867. The increase in expenditures over the adopted 2007 budget is $61,024 or 6%. The levy increase over the adopted 2007 levy is 31,967 or 6%. Lauderdale's tax rate moves to 25.934% from 24.319% an increase of 1.62°/x. The tax rate is based on the 2007 estimated market value. Last year, the increase in market value was close to 15%. 1 anticipate the values will increase again this year. Special Revenue Funds The one alteration made in this group of funds is with the TIF Project Fund. I propose expenditure from this fund in the amount of $300,000. The Council discussed using these funds to acquire abandoned, vacant, and blighted housing and then working with community non-profit agencies to rehabilitate the homes for low and moderate income families. Funds would also be used to complete a feasibility study on Eustis Street, Total Budget The total budget proposes $2,302,584 in expenditures and $1,785,989 in revenue. The balance, $516,594, comes from existing fund balance. GENERAL FUND REVENUE Draft 2 - July 22, 2007 2007 2005 2006 2007 2007 2008 Adopted Actual Actual Adopted To date Proposed Combined CITY LEVIED TAXES 31010 Current Ad Valorem 385,979 369,805 471,000 425 501,867 471,000 31020 Delinquent Ad Valorem 3,248 1,357 - - - - 31030 Forfeited Tax Sales (90) 111 - - - - 31040 Fiscal Disparities 76,919 74,284 79,900 - 81,000 79,900 SUB TOTAL PROPERTY TAXES 466,056 445,558 550,900 425 582,867 550,900 STATE AIDE 33401 Local Government Aide 296,712 359,418 408,143 - 432,000 408,143 33405 PERA Rate Increase Aide 1,198 1,198 1,198 - 1,198 1,198 33406 Market Value Home Credit 36,488 36,291 - - - - TOTAL STATE AIDE 334,398 396,907 409,341 - 433,198 409,341 LICENSES AND FEES 32110 3.2 Alcohol License 90 65 65 65 65 65 32120 Cigarette License 80 400 200 100 100 200 32130 Garbage Hauler Licenses 650 910 650 845 650 650 32140 HVAC Licenses 665 560 700 315 500 700 32150 Tree Company License 140 400 160 120 150 160 32160 Gas Station License 50 210 55 - 55 55 32180 Rental License Fee - 4,664 1,050 448 2,500 1,050 32240 Animal Licenses 260 410 100 90 200 100 34101 City Hall Rental 3,925 2,290 1,500 885 2,500 1,500 43103 Administrative Fee 372 145 250 100 - 34105 Sale of Publications - - - - - - 34109 Copies 150 20 10 11 20 10 34111 Legal Fees - - - - - - 34114 Advertising sales - 50 - - - - 34115 General Government Miscellaneous - - - - - - TOTAL LICENSES AND FEES 6,382 10,124 4,490 3,129 6,840 4,490 REVENUE OTHER 36100 Special Assessments 2,707 3,792 - - 2,000 - 36101 Principal 350 - - - - - 36102 Penalties and Interest 371 541 - - 250 - 36103 Tree Removal - - - - - - 36200 Miscellaneous Revenue 17,752 3 - - - - 36211 Investment Interest 19,729 28,425 15,000 7,935 20,000 15,000 36230 Donations 1,820 - - - - - 36240 Surcharges 424 401 - 45 250 - 36250 Refunds and Reimbursements 1,013 5,110 - 205 500 - 36252 LMCIT Insurance Dividend 5,331 1,414 - - 500 - 36255 Miscellaneous 34 - - 60 - - TOTAL OTHER REVENUE 49,531 39,686 15,000 8,245 23,500 15,000 LAW ENFORCEMENT 32,138 26,395 30,000 9,055 30,000 30,000 FIRE 1,828 2,709 3,500 - 3,500 3,500 PLANNING & INSPECTIONS 18,408 17,091 14,850 2,034 13,200 14,850 TRANSFERS FROM OTHER FUNDS - - 4,000 - - 4,000 TOTAL GENERAL FUND REVENUE 908,742 938,470 1,032,081 22,888 1,093,105 1,032,081 GENERAL FUND REVENUE Draft 2 - July 22, 2007 2007 2005 2006 2007 2007 2008 Adopted Actual Actual Adopted To date Proposed Combined GENERAL REVENUE FUND EXPENDITURES Legislative 22,034 21,341 24,655 Administrative* 68,305 68,841 78,536 Finance (in administrative) 53,235 60,643 71,270 General Legal - Civil (in administrative) 25,256 18,969 15,750 Elections 11,528 15,832 18,320 Communications (in administrative) 24,667 29,242 32,330 Public Safety** 287,953 294,095 580,600 Police 247,219 260,942 525,600 Fire 29,281 21,246 42,000 Prosecution 11,453 11,925 13,000 Public Works*** - - - Buildings and Grounds 22,370 24,355 30,019 Streets 37,279 28,170 39,798 Engineering 7,000 13,201 5,000 Planning & Inspections 34,208 34,623 35,783 Trees 3,797 2,137 5,200 Parks and Recreation**** 9,402 15,115 29,405 Park Maintenance 32,388 36,671 46,715 Development 4,838 21,847 4,000 EXPENDITURES BEFORE TRANSFERS 644,259 685,082 1,017,381 Contingency - - 15,000 Transfers Out 353,016 162,379 - TOTAL GENERAL FUND EXPENDITURES 997,275 847,461 1,032,381 *Includes Administrative, Communications, General Legal and finance **Includes Police, Fire, and Prosecution ***Includes Buildings and Grounds, Streets, Engineering, and Trees ****Includes Park Maintenance and Park'Administration 5,001 24,164 24,655 21,434 177,116197,886 26,292 - - 8,924 - - 4,244 25,036 18,320 9,136 - - 197,760 597,575 580,600 174,203 551,575 - 19,103 32,000 - 4,454 14,000 - - 76,258 80,017 8,705 - - 9,598 - 383 - - 8,902 64,170 35,783 165 - - 4,845 68,786 76,120 14,753 - - - 20,000 4,000 320,142 1,053,105 1,017,381 - 15,000 15,000 - 25,000 - 320,142 1,093,105 1,032,381 2008 LAUDERDALE BUDGET SUMMARY OF FUNDS 201 - 602 Draft 2 - July 22, 2007 2004 2005 2006 2007 2007 2008 Actual Actual Actual Adopted to Date Proposed Total Revenues 201 Community Events Fund 2,440 3,141 4,120 2,235 588 3,000 202 Cable T.V. Fund 16,966 19,063 15,575 20,284 417 19,800 203 Recycling Fund . 39,519 39,861 40,565 39,638 2,756 38,725 301 TIF Debt Service Fund 140,563 154,082 76,950 - - - 302 2000 Imp Debt Fund 70,728 73,496 44,971 56,739 3,630 56,739 303 2002 Imp Debt Fund 56,818 48,835 33,388 52,558 5,390 50,650 304 2003 Imp Debt Fund - 109,158 61,927 61,390 7,724 56,470 401 Street Improvement Fund 4,123 14,926 63,383 10,000 10,425 10,000 402 General Capital Impr. Fund 5,176 4,551 7,220 4,250 2,142 4,000 403 Storm Water Impr. Fund 47,615 53,680 54,497 52,500 15,040 10,000 404 Park Improvement Fund 1,435 2,770 4,538 3,000 515 1,500 405 TIF Project Fund 181 590 81,641 157,000 5,816 159,000 407 Sewer Improvement Fund 1,002 1,660 3,402 3,000 1,131 7,500 409 Water Utility Fund 9,545 10,688 12,908 - 1,823 - 601 Sewer Utility Fund 226,565 258,325 235,861 261,772 67,966 228,000 602 Storm Water Utility Fund - - - - - 47,500 Total Revenue Before Fund Balance 622,675 794,825 740,946 724,365 125,363 692,884 Use of Fund Balance 207,716 - Total Revenues 622,675 794,825 740,946 932,081 125,363 692,884 Total Expenditures 201 Community Events Fund 2,203 2,448 3,371 2,535 996 3,075 202 Cable T.V. Fund 15,548 13,621 22,917 26,140 10,197 35,281 203 Recycling Fund 41,275 31,414 28,129 38,640 8,494 39,832 301 TIF Debt Service Fund 144,025 - - - - - 302 2000 Impr. Debt Fund 120,113 121,137 121,793 122,520 107,448 122,433 303 2002 Impr. Debt Fund 48,014 161,555 153,294 149,690 130,974 150,609 304 2003 Impr. Debt Fund - 28,599 127,606 120,980 108,631 118,961 401 Street Improvement Fund - - 40,764 12,500 - 65,500 402 General Capital Impr. Fund 25,522 28,666 37,509 12,500 - - 403 Storm Water Impr. Fund 33,851 36,212 31,806 44,465 10,481 11,000 404 Park Improvement Fund 32,738 - 96,680 180,000 (3,483) 90,000 405 TIF Project Fund 7,042 5,564 664 2,000 713 300,000 407 Sewer Improvement Fund - - - - - - 409 Water Utility Fund - - - - - - 601 Sewer Utility Fund 177,513 194,618 190,363 220,111 67,901 212,797 602 Storm Water Utility Fund - - - - - 59,991 Total Expenditures 647,844 623,833 854,898 932,081 442,353 1,209,479 Surplus/(deficit) (25,168) 170,992 (113,952) - (316,990) (516,594) LAUDERDALE COUNCIL E: ACTION FORM :1 Action Requested Consent Public Hearing Discussion Action Resolution Work Session X Meeting Date July 24, 2007 ITEM NUMBER 13B -Nuisance Ordinance STAFF INITIAL is P % APPROVED BY ADMINISR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Follow up: I spoke with our officers and Falcon Heights staff. Falcon Heights has an on -street parking limit of 48 hours. St. Anthony has a 24-hour parking rule with no on -street parking from 3- 7 pm. from November 1 through April 1. I changed the language to follow Falcon Heights. We will also need to amend Title 6, Chapter 1 to conform to these changes. Tonight: The second and third sections relate to nuisances and weeds. Staff proposed changes are either underlined for new language recommended or stricken for text suggested to be de- leted. Additional staff comments are in the margins. The "nuisances" section regulates such things as: noise (especially the use of power equipment); parking (as discussed at the last meeting); and property maintenance. The "weeds" section sets standards for grass length and defines noxious weeds. The language for maintenance of native species and rain gar- dens is still being worked on. STAFF RECOMMENDATION: Establish recommendations for staff to include in the ordinance. COUNCIL ACTION: CHAPTER 92: HEALTH AND SAFETY; NUISANCES Section 92.01 Assessable current services 92.02 Tree diseases General Provisions Nuisances 92.15 Public nuisance 92.16 Public nuisances affecting health 92.17 Public nuisances affecting morals and decency 92.18 Public nuisances affecting peace and safety 92.19 Nuisance parking and storage 92.20 Inoperable motor vehicles 92.21 Building maintenance and appearance 92.22 Duties of city officers 92.23 Abatement 92.24 Recovery of � ost-_-_-__-- -_ Weeds 92.35 Short title 92.36 Jurisdiction 92.37 Definitions; exclusions 92.38 Owners responsible for trimming, removal and the like 92.39 Filing complaint 92.40 Notice of violations 92.41 Appeals 92.42 Abatement by city 92.43 Liability Open Burning 92.60 Definitions 92.61 Prohibited materials 92.62 Permit required for open burning 92.63 Purposes allowed for open burning 92.64 Permit application for open burning; permit fees 92.65 Permit process for open burning 92.66 Permit holder responsibility 92.67 Revocation of open burning permit 92.68 Denial of open burning permit 92.69 Burning ban or air quality alert 13 92.70 Rules and laws adopted by reference 92.99 Penalty GENERAL PROVISIONS § 92.01 ASSESSABLE CURRENT SERVICES. (A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning. CURRENT SERVICE. Shall mean one or more of the following: snow, ice, or rubbish removal from sidewalks; weed elimination from street grass plots adjacent to sidewalks or from private property; removal or elimination of public health or safety hazards from private property, excluding any hazardous building included in M.S. 463.15 through 463.26 as they may amended from time to time; installation or repair of water service lines; street sprinkling, street flushing, light street oiling, or other dust treatment of streets; repair of sidewalks and alleys; trimming and care of trees and removal of unsound and insect -infected trees from the public streets or private property; and the operation of a street lighting system. (B) Snow, ice, dirt and rubbish. (1) Duty of owners and occupants. The owner and the occupant of any property adjacent to a public sidewalk shall use diligence to keep the walk safe for pedestrians. No owner or occupant shall allow snow, ice, dirt or rubbish to remain on the walk longer than �4jA h_ ours comment [hb2j: current after its deposit thereon. Failure to comply with this section shall constitute a violation. ordinance is iz hours (2) Removal by city. The City G1erkAdministrator or other person designated by the City Council may cause removal from all public sidewalks all snow, ice, dirt and rubbish as soon as possible beginning 2412 hours after any matter has been deposited thereon or after the snow has ceased to fall. The City C4erkAdministrator or other designated person shall keep a record showing the cost of removal adjacent to each separate lot and parcel. (C) Public health and safety hazards. When the city removes or eliminates public health or safety hazards from private property under the following provisions of this chapter, the administrative officer responsible for doing the work shall keep a record of the cost of the removal or elimination against each parcel of property affected and annually deliver that information to the City GlerkAdministrator. (D) Installation and repair of water service lines. Whenever the city installs or repairs water service lines serving private property under ter- 52 of this eed , the City G1erkAdministrator shall keep a record of the total cost of the installation or repair against the property. 14 (E) Repair of sidewalks and alleys. . (1) Duty of owner. The owner of any property within the city abutting a public sidewalk or alley shall keep the sidewalk or alley in repair and safe for pedestrians. Repairs shall be made in accordance with the standard specifications approved by the City Council and on file in the office of the City G—leA Administrator. (2) Inspections; notice. The City Council or its designee shall make inspections as are necessary to determine that public sidewalks and alleys within the city are kept in repair and safe for pedestrians or vehicles. If it is found that any sidewalk or alley abutting on private property is unsafe and in need of repairs, the City Council shall cause a notice to be served, by registered or certified mail or by personal service, upon the record owner of the property, ordering the owner to have the sidewalk or alley repaired and made safe within 30 days and stating that if the owner fails to do so, the city will do so and that the expense thereof must be paid by the owner, and if unpaid it will be made a special assessment against the property concerned. (3) Repair by city. If the sidewalk or alley is not repaired within 30 days after receipt of the notice, the City G—lerlFAdministrator shall report the facts to the City Council and the City Council shall by resolution order the work done by contract in accordance with law. No person shall enter private property to repair a sidewalk, except with the permission of the owner or after obtaining an administrative warrant. The City Ek-"dministrator shall keep a record of the total cost of the repair attributable to each lot or parcel of property. (F) Personal liability. The owner of property on which or adjacent to which a current service has been performed shall be personally liable for the cost of the service. As soon as the service has been completed and the cost determined, the City C4er-kAdministrator, or other designated official, shall prepare a bill and mail it to the owner and thereupon the amount shall be immediately due and payable at the office of the City C— le"dministrator. (G) Damage to public property. Any person driving any vehicle, equipment, object or contrivance upon any street, road, highway or structure shall be liable for all damages which the surface or structure thereof may sustain as a result of any illegal operation, or driving or moving of the vehicle, equipment or object or contrivance; or as a result of operating, driving or moving any vehicle, equipment, object or contrivance weighing in excess of the maximum weight permitted by statute or this code. When the driver is not the owner of the vehicle, equipment, object or contrivance, but is operating, driving or moving it with the express or implied permission of the owner, then the owner and the driver shall be jointly and severally liable for any such damage. Any person who willfully acts or fails to exercise due care and by that act damages any public property shall be liable for the amount thereof, which amount shall be collectable by action or as a lien under M.S. § 514.67, as it may be amended from time to time. (H) Assessment. On or before October 31 of each year, the City Gley-kAdministrator shall list the total unpaid charges for each type of current service and charges under this section against each separate lot or parcel to which they are attributable under this section. The City Council may then spread the charges against property benefited as a special assessment under the authority of M.S. § 429.101 as it may be amended from time to time and other pertinent statutes 15 for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case. Penalt)-, see A 92.99 § 92.02 TREE DISEASES. (A) Trees constituting nuisance declared. The following are public nuisances whenever they may be found within the city: (1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh) or Hylungopinus Ruf1pes (Marsh); (2) Any dead elm tree or part thereof, including branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide; (3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearann; (4) Any dead oak tree or part thereof which in the opinion of the designated officer constitutes a hazard, including but not limited to logs, branches, stumps, roots, firewood or other oak material which has not been stripped of its bark and burned or sprayed with an effective fungicide; (5) Any other shade tree with an epidemic disease. (B) Abatement of nuisance. It is unlawful for any person to permit any public nuisance as defined in division (A) of this section to remain on any premises the person owns or controls within the city. The nuisance may be abated as provided in '§ 92.22 and 92.23. (C) Record of costs. The City ElefkAdministrator shall keep a record of the costs of abatement done under this section for all work done for which assessments are to be made, stating and certifying the description of the land, lots, parcels involved, and the amount chargeable to each. (D) Unpaid charges. On or before SeptemberNovember 1 of each year, the City Gler-kAdministrator shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this section. The City Council may then spread the charges or any portion thereof against the property involved as a special assessment as authorized by M.S. § 429.101 as it may be amended from time to .time and other pertinent statutes for certification to the County Auditor and collection the following year along with the current taxes. Penalty, see R 92.99 16 NUISANCES § 92.15 PUBLIC NUISANCE. Whoever by his or her act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (A) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; (B) Interferes with, obstructs or renders dangerous for passage any public highway or right- of-way, or waters used by the public; or (C) Is guilty of any other act or omission declared by law or'§ 92.16, 92.17 or 92.18, or any other part of this code to be a public nuisance and for which no sentence is specifically provided. venalt. see § 92.99 § 92.16 PUBLIC NUISANCES AFFECTING HEALTH. The following are hereby declared to be nuisances affecting health: (A) Exposed accumulation of decayed or unwholesome food or vegetable matter; (B) All diseased animals running at large; (C) All ponds or pools of stagnant water; (D) Carcasses of animals not buried or destroyed within 24 hours after death; (E) Accumulations of manure, refuse or other debris; (F) Privy vaults and garbage cans_which are not rodent -free or fly -tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors; (G) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances; (H) All noxious weeds and other rank growths of vegetation upon public or private property; (I) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; (J) All public exposure of people having a contagious disease; and (K) Any offensive trade or business as defined by statute not operating under local license. 17 § 92.17 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY. The following are hereby declared to be nuisances affecting public morals and decency: (A) All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law; (B) Betting, bookmaking, and prize fighting which may include for the purposes of this code any activity or event regardless of how named or described, or any other form of entertainment where the primary practice involves individuals engaged in physical contact by striking an opponent with the hands feet head or bow. This shall include, but not be limited to, any event or contest where kicking punching, martial arts, submission holds, knockouts, technical knockouts and/or cage fighting are permitted, and all apparatus used in those occupations; (C) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses; (D) All places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining that place; (E) Any vehicle used for the unlawful transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose. Denalt.., see A 92.99 § 92.18 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (A) Peddling, Canvassing And Soliciting: (1) Uninvited Soliciting: The practice of going in and upon private residence properties in the City by solicitors peddlers hawkers itinerant merchants transient vendors of merchandise or services not having been requested or invited to do so by the owner or occupant of said private residences for the purpose of soliciting orders for the sale of goods, ware, merchandise or services or for the purpose of disposing of or peddling or hawking; (2) Enforcement: All police officers of the City are hereby required and directed to suppress the same and to abate any such nuisances as are described in subsection Al above. Exceptions: The provisions of this subsection A shall not apply to any nonprofit organization who wishes to solicit house to house within the City who has provided the City with the following information: 18 (a) Documentation from the Attorney General's office of the State that their office has received and reviewed an annual report which was filed stating the organization is a charitable organization and is recognized pursuant to Minnesota Statutes chapter 309, the Charitable Solicitation Act: (b) The name, address and telephone number of the contact person of the nonprofit organization: and (c) Information advising when the soliciting of the nonprofit organization will take place. Upon receipt of all of the above information, a permit will be issued for a period of time not to exceed thirty (30) days from the date of approval. (A) (B) All snow and ice not removed from public sidewalks -2412 hours after the snow or other precipitation causing the condition has ceased to fall; (B) (C) All trees, hedges, billboards or other obstructions which prevent people from having a clear view of all traffic approaching an intersection; (G) LD) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles. All limbs of trees which are less than eight feet (8') above .the surface of any public sidewalk or nine feet (9') above the surface of any street. All wires across public streets, alleys or sidewalks which are strung less than fifteen feet (15') above the surface of therg ound; "(E) All obnoxious noises in violation of Minn. Rules 'Ch. 7030, as they may be amended from time to time which are hereby incorporated by reference into this code; R (F) The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal combustion engine, motor boat, motor vehicle, motorcycle, all terrain vehicle, snowmobile or any recreational device except through a muffler or other device that effectively prevents loud or explosive noises there from and complies with all applicable state laws and regulations; (F) (G) The using or operation or permitting the using or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for producing or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet and comfort of any person nearby. Operation of any device referred to above between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of violation of this section; (G) (H) No person shall participate in any party or other gathering of people giving rise to noise, unreasonably disturbing the peace, quiet, or repose of another person. When a police 19 officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped; (14) (1) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks or public grounds except under conditions as are permitted by this code or other applicable law; (1) M Radio aerials or television antennae erected or maintained in a dangerous manner; (J) (K) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk; (K) Q All hanging signs, awnings and other similar structures over streets and sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance; (L) (M) The allowing of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; (#f) (N) Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way; (N) -(Q) All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public; (9) (P) Waste water cast upon or permitted to flow upon streets or other public properties; (P) M Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies or other material in a manner conducive to the harboring of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health or safety hazards from accumulation; (Q) 0 Any well, hole or similar excavation which is left uncovered or in another condition as to constitute a hazard to any child or other person coming on the premises where it is located; (R) (S) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash of other materials; (9) (T) The placing or throwing on any street, sidewalk or other public property of any glass, tacks, nails, bottles or other substance which may injure any person or animal or damage any pneumatic tire when passing over the substance; PM (T) (U) The depositing of garbage or refuse on a public right-of-way or on adjacent private property; (V,) Dumping, plowing or otherwise depositing snow from pnvat premises onto any public alley, street, or highway right of wayin n the �it�; Comment [hb3]: xePeai' 7-5. (-13) iWZAII other conditions or things which are likely to cause injury to the person or property of anyone. M (X) (1) Noises prohibited. (a) General prohibition. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restrictions of this section. (b) Defective vehicles or loads. No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise. (c) Loading, unloading, unpacking. No person shall create loud or excessive noise in loading, unloading, or unpacking any vehicle. (d) Radios, phonographs, paging systems, and the like. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinct and loudly audible manner as to unreasonably disturb the peace, quiet, and comfort of any person nearby. Operation of any such set, instrument, phonograph, machine or other device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet if the source is located outside a structure. or building, shall be prima facie evidence of a violation of this section. (e) Schools, churches, hospitals, and the like. No person shall create any excessive noise on a street, alley or public grounds adjacent to any school, institution of learning, church or hospital when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents and when conspicuous signs indicate the presence of such institution. (2) Hourly restriction of certain operations. (a) Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow 21 removal equipment is exempt from this provision. (b) Refuse hauling. No person shall collect or remove garbage or refuse in any residential district except between the hours of 67:00 a.m. and 1-8:00 8:30 p.m. on Mondays. When Monday is a legal holiday, residentialag rbagee collection shall occur on the Tuesday immediately following the holiday. any weekday of between the hour -s ef 9.:00 a.m. and 9:00 weekend or- helida. (c) Construction activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel, or gas -powered machine or other power equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. (3) Noise impact statements. The Council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation or alteration or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the Council. It shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested. (W) (Y) Reflected glare or light from private exterior lighting exceeding 0.5 footcandles as measured on the property line of the property where the lighting is located when abutting any residential parcel, and one footcandle when abutting any commercial or industrial parcel. Penalty, e R 92.99 § 92.19' NUISANCE PARKING AND STORAGE. (A) Declaration of nuisance. The outside parking and storage on residentially -zoned property of large numbers of vehicles and vehicles, materials, supplies or equipment not customarily used for residential purposes in violation of the requirements set forth below is declared to be a public nuisance because it (a) obstructs views on streets and private property, (b) creates cluttered and otherwise unsightly areas, (c) prevents the full use of residential streets for residential parking, (d) introduces commercial advertising signs into areas where commercial advertising signs are otherwise prohibited, (e) decreases adjoining landowners' and occupants' enjoyment of their property and neighborhood, and (f) otherwise adversely affects property values and neighborhood patterns. (B) Unlawful parking and storage. (1) A person must not place, store, or allow the placement or storage of ice fish houses, skateboard ramps, playhouses or other similar non -permanent structures outside continuously for longer than 24 hours in the front -yard area of residential property unless more than h O feet hack comment [hb4]: This may not freffl.. the. R.,.«♦ pr -o ,eft., 1:«e make sense with size of lot. (2) A person must not place, store, or allow the placement or storage of pipe, lumber, forms, steel, machinery, or similar materials, including all materials used in connection with a 22 business, outside on residential property, unless shielded from public view by an epaque eever- -Of �encel,. Comment lhb5]: clay want to ------------------------------------------------------ ---------------------------— --------------- -- ----- - consider outright ban. (3) A person must not cause, undertake, permit or allow the outside parking and storage of vehicles on residential property unless it complies with the following requirements: (a) No more than four vehicles per lawful dwelling unit may be parked or stored anywhere outside on residential property, except as otherwise permitted or required by the city because of nonresidential characteristics of the property. This maximum number does not include vehicles of occasional guests who do not reside on the �roperty--------------------------------------------- Commentlhb6]: suggest amending to only parking of vehicles on approved; parking (b) Vehicles that are parked or stored outside in the front -yard area must be on an spaces. approved paved parking or driveway area. (c) Vehicles, watercraft and other articles stored outside on residential property must be owned by a person who resides on that property. Students who are away at seheel fe per-iods of time but still elaim the pfepefty as their legal r-esideneewill be eensidered residents eii the Prepef4y. Penal... see § 92.99 § 92.20 INOPERABLE MOTOR VEHICLES. (A) It shall be unlawful to keep, park, store or abandon any motor vehicle which is not in operating condition, partially dismantled, used for repair of parts or as a source of repair or replacement parts for other vehicles, kept for scrapping, dismantling or salvage of any kind, or which is not properly licensed for operation with the state, pursuant to M.S. § 16813.011, Subd. 3, as it may be amended from time to time. (B) This section does not apply to a motor vehicle enclosed in a building. a^a Out -of view from any street, read and vNell does net festef eemplaint from a resident of the, 1Comment [hb7]: Do we want to allow residents t0 store (C) Any motor vehicles described in this section constitute a hazard to the health and unlicensed/inoperable vehicles? Per next welfare of the residents of the communit in that such vehicles can harbor noxious diseases, y aagraphy, they are still a hazard., furnish a shelter and breeding place for vermin and present physical danger to the safety and -- well-being of children and citizens; and vehicles containing fluids which, if released into the environment, can and do cause significant health risks to the community. Penalty, see § 92.99 § 92.21 BUILDING MAINTENANCE AND APPEARANCE. (A) Declaration of nuisance. Buildings, fences and other structures that have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood are declared to be public nuisances because they (a) are unsightly, (b) decrease adjoining landowners and occupants' enjoyment of their property and neighborhood, and (c) 23 adversely affect property values and neighborhood patterns. (B) Standards. A building, fence or other structure is a public nuisance if it does not comply with the following requirements: (1) No part of any exterior surface may have deterioration, holes, breaks, gaps, loose or rotting boards or timbers. (2) Every exterior surface that has had a surface finish such as paint applied must be maintained to avoid noticeable deterioration of the finish. No wall or other exterior surface may have peeling, cracked, chipped or otherwise deteriorated surface finish on more than 20% of: (a) Any one wall or other flat surface; or (b) All door and window moldings, eaves, gutters, and similar projections on any one side or surface. (3) No glass, including windows and exterior light fixtures, may be broken or cracked, and no screens may be torn or separated from moldings. (4) Exterior doors and shutters must be hung properly and have an operable mechanism to keep them securely shut or in place. (5) Cornices, moldings, lintels, sills, bay or dormer windows and similar projections must be kept in good repair and free from cracks and defects that make them hazardous or unsightly. (6) Roof surfaces must be tight and have no defects that admit water. All roof drainage systems must be secured and hung properly. (7) Chimneys, antennae, air vents, and other similar projections must be structurally sound and in good repair. These projections must be secured properly, where applicable, to an exterior wall or exterior roof. (8) Foundations must be structurally sound and in good repair. § 92.22 DUTIES OF CITY OFFICERS. For purposes of § 92.22 and 92.23, the Police Department or Sher-iff e person designated by the City Council a § 10.20, if the _ity has at the time no Pe':_e r,epal-tm_nt may enforce the provisions relating to nuisances. Any peace officer or designated person shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. Except in emergency situations of imminent danger to human life and safety, no police officer or designated person shall enter private property for the purpose of inspecting or preventing public nuisances without the permission of the owner, resident or 24 other person in control of the property, unless the officer or person designated has obtained a warrant or order from a court of competent jurisdiction authorizing the entry, as provided in § 10.20. § 92.23 ABATEMENT. (A)_ Notice. Written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; notice of City Council order; and notice of motion for summary enforcement hearing shall be given as set forth in this section. (1) Notice of violation. Written notice of violation shall be served by a peace officer or designated person on the owner of record or occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises. (2) Notice of City Council hearing. Written notice of any City Council hearing to determine or abate a nuisance shall be served on the owner of record and occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of the City Council hearing, notice of City Council hearing shall be served by posting it on the premises. (3) Notice of City Council order. Except for those cases determined by the city to require summary enforcement, written notice of any City Council order shall be made as provided in M.S. § 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (4) Notice of motion for summary enforcement. Written notice of any motion for summary enforcement shall be made as provided for in M.S. § 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (B) Procedure. Whenever a peace officer or designated person determines that a public nuisance is being maintained or exists on the premises in the city, the officer or person designated shall notify in writing the owner of record or occupant of the premises of such fact and order that the nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the officer or designated person shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice to the owner or occupant and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the City Council, the city may seek injunctive relief by. serving a copy of the City Council order and notice of motion for summary enforcement or obtain an administrative search and seizure warrant and abate the nuisance. (C) Emergency procedure; summary enforcement. In cases of emergency, where delay in 25 abatement required to complete the notice and procedure requirements set forth in divisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public health safety or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the officer or designated person shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement of the nuisance will unreasonably endanger public health, safety or welfare. The officer or designated person shall notify in writing the occupant or owner of the premises of the nature of the nuisance and of the city's intention to seek summary enforcement and the time and place of the City Council meeting to consider the question of summary enforcement. The City Council shall determine whether or not the condition identified in the notice to the owner or occupant is a nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (A) of this section, and may order that the nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance. (D) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. eenalt.. e § 92.99 § 92.24 RECOVERY OF COST. (A) Personal liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City CLr-kAdministrator or other official shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City C4er-kAdministrator. (B) Assessment. After notice and hearing as provided in M.S. § 429.061, as it may be amended from time to time, if the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect-infected trees, the City C— ler#Administrator shall, on or before SepternberNovember 1 following abatement of the nuisance, list the total unpaid charges along with all other charges as well as other charges for current services to be assessed under M.S. § 429.101 against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against the property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case. nenalt... e § 92.99 § 92.99 PENALTY. Violation of any provision of this chapter, including maintaining a nuisance after being notified in writing by first class mail of a violation of any provision of this chapter, shall be a 26 misdemeanor and punished as provided in § 10.99 § 10.20 ENFORCEMENT. (A) Any Licensed Peace Officer of the city's Police Department, or the County Sheriff, or any Deputy Sheriff shall have the authority to enforce any provision of this code. (B) As permitted by M.S. § 626.862, as it may be amended from time to time, the City C1er- Administrator shall have the authority to administer and enforce this code. In addition, under that statutory authority, certain individuals designated within the code or by the CLr-IFAdministrator or City Council shall have the authority to administer and enforce the provisions specified. All and any person or persons designated may issue a citation in lieu of arrest or continued detention to enforce any provision of the code. (C) The City Administrator and any city official or employee designated by this code who has the responsibility to perform a duty under this code may with the permission of a licensee of a business or owner of any property or resident of a dwelling, or other person in control of any premises, inspect or otherwise enter any property to enforce compliance with this code. (D) If the licensee, owner, resident, or other person in control of a premises objects to the inspection of or entrance to the property, the City ClefkAdministrator, Peace Officer, or any employee or official charged with the duty of enforcing the provisions of this code may, upon a showing that probable cause exists for the issuance of a valid search warrant from a court of competent jurisdiction, petition and obtain a search warrant before conducting the inspection or otherwise entering the property. This warrant shall be only to determine whether the provisions of this code enacted to protect the health, safety and welfare of the people are being complied with and to enforce these provisions only, and no criminal charges shall be made as a result of the warrant. No warrant shall be issued unless there be probable cause to issue the warrant. Probable cause occurs if the search is reasonable. Probable cause does not depend on specific knowledge of the condition of a particular property. (E) Every licensee, owner, resident or other person in control of property within the city shall permit at reasonable times inspections of or entrance to the property by the City Cler-kAdministrator or any other authorized city officer or employee only to determine whether the provisions of this code enacted to protect the. health, safety and welfare of the people are being complied with and to enforce these provisions. Unreasonable refusal to permit the inspection of or entrance to the property shall be grounds for termination of any and all permits, licenses or city service to the property. Mailed notice shall be given to the licensee, owner, resident or other person in control of the property, stating the grounds for the tennination, and the licensee, owner, resident or other person in control of the property shall be given an opportunity to appear before the City Cle"dministrator to object to the termination before it occurs, subject to appeal of the Ger-kAdministrator's decision to the City Council at a regularly scheduled or special meeting. (F) Nothing in this section shall be construed to limit the authority of the City to enter 27 private property in urgent emergency situations where there is an imminent danger in order to protect the public health, safety and welfare. § 10.98 SUPPLEMENTAL ADMINISTRATIVE PENALTIES. (A) In addition to those administrative penalties established in this code and the enforcement powers granted in ' 10.20, the City Council is authorized to create by resolution, adopted by a majority of the members of the Council, supplemental administrative penalties. The feselution fflay b in the form established in Appendix 1 of this ehaptax., (B) These administrative penalty procedures in this section are intended to provide the public and the city with an informal, cost effective and expeditious alternative to traditional criminal charges for violations of certain provisions of this code. The procedures are intended to be voluntary on the part of those who have been charged with those offenses. (C) Administrative penalties for violations of various provisions of the code, other than those penalties established in the code or in statutes that are adopted by reference, may be established from time to time by resolution of a majority of the members of the City Council. In order to be effective, an administrative penalty for a particular violation must be established before the violation occurred. (D) In the discretion of the peace officer, City C- ler#Administrator, or other person giving notice of an alleged violation of a provision of this code, in a written notice of an alleged violation, sent by first class mail to the person who is alleged to have violated the code, the person giving notice may request the payment of a voluntary administrative penalty for the violation directly to the City Eler-kAdministrator within 14 days of the notice of the violation. A sample notice is contained in Appendix II of this chapter. In the sole discretion of the person giving the notice of the alleged violation, the time for payment may be extended an additional 14 days, whether or not requested by the person to whom the notice has been given. In addition to the administrative penalty, the person giving notice may request in the notice to the alleged violator to adopt a compliance plan to correct the situation resulting in the alleged violation and may provide that if the alleged violator corrects the situation resulting in the alleged violation within the time specified in the notice, that the payment of the administrative penalty will be waived. (E) At any time before the payment of the administrative penalty is due, the person who has been given notice of an alleged violation may request to appear before the City Council to contest the request for payment of the penalty. After a hearing before the Council, the Council may determine to withdraw the request for payment or to renew the request for payment. Because the payment of the administrative penalty is voluntary, there shall be no appeal from the decision of the Council. (F) At any time after the date the payment of the administrative penalty is due, if the administrative penalty remains unpaid or the situation creating the alleged violation remains uncorrected, the City, through its Attorney, may bring criminal charges in accordance with state law and this code. Likewise, the City, in its discretion, may bring criminal charges in the first 28 instance, rather than requesting the payment of an administrative penalty, even if a penalty for the particular violation has been established by Council resolution. If the administrative penalty is paid, or if any requested correction of the situation resulting in the violation is completed, no criminal charges shall be initiated by the City for the alleged violation. § 10.99 GENERAL PENALTY. (A) Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided, shall, upon conviction, be guilty of a misdemeanor. The penalty which may be imposed for any crime which is a misdemeanor under this code, including Minnesota Statutes specifically adopted by reference, shall be a sentence of not more than 90 days or a fine of not more, than $1,000, or both. (B) Any person, firm or corporation who violates any provision of this code, including Minnesota Statutes specifically adopted by reference, which is designated to be a petty misdemeanor shall, upon conviction be guilty of a petty misdemeanor. The penalty which may be imposed for any petty offense which is a petty misdemeanor shall be a sentence of a fine of not more than $300. (C) In either the case of a misdemeanor or a petty misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. (D) The failure of any officer or employee of the city to perform any official duty imposed by this code shall not subject the officer or employee to the penalty imposed for a violation. (E) In addition to any penalties provided for in this section or in ' 10.98, if any person, firm or corporation fails to comply with any provision of this code, the Council or any city official designated by it, may institute appropriate proceedings at law or at equity to restrain, correct or abate the violation. 29 WEEDS § 92.35 SHORT TITLE. This subchapter shall be cited as the Weed Ordinance. § 92.36 JURISDICTION. This subchapter shall be in addition to any state statute or county ordinance presently in effect, subsequently added, amended or repealed. § 92.37 DEFINITIONS; EXCLUSIONS. (A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DESTRUCTION ORDER. The notice served by the City Council or designated city official, in cases of appeal, on the property owner of the ordinance violation. PROPERTYOWNER. The person occupying the property, the holder of legal title or a person having control over the property of another, such as a right-of-way, easement, license or lease. WEEDS, GRASSES and RANK VEGETATION. Includes but is not limited to the following: (1) Noxious weeds and rank vegetation shall include but not be limited to: alum (allium), Buckthorn, Bur Cucumber, Canada Thistle, Comcockle, Cressleaf Groundsel, Curly Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary Cress, Horsenettle, Johnsongrass, Leafy Spurge, Mile -A -Minute Weed, Musk Thistle, Oxeye Daisy, Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild Parsnip; (2) Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years; (3) Bushes of the species of tall, common, or European barberry, further known as berberis vulgaris or its horticultural varieties; (4) Any weeds, grass, or plants, other than trees, bushes, flowers, or other ornamental plants, growing to a height exceeding -12 8 �nchest; --- Comment [hb8j: Many cities use b" to 8" as it gosys fast and takes time to get owner' compliance. 30 (5) Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial plants; (6) The term WEEDS does not include shrubs, trees, cultivated plants or crops. (B) In no event shall cultivated plants or crops include plants which have been defined by state statute or administrative rule as being noxious or detrimental plants. § 92.38 OWNERS RESPONSIBLE FOR TRIMMING, REMOVAL AND THE LIKE. All property owners shall be responsible for the removal, cutting, or disposal and elimination of weeds, grasses and rank vegetation or other uncontrolled plant growth on their property, which at the time of notice, is in excess of 428 inches in height. Penalty, see § 92.99 § 92.39 FILING COMPLAINT. Any person, including the city, who believes there is property located within the corporate limits of the city which has growing plant matter in violation of this subchapter shall make a written complaint signed, dated and filed with the City Gler-kAdministrator. If the city makes the complaint, an employee, officer or Council Member of the city shall file the complaint in all respects as set out �bovel § 92.40 NOTICE OF VIOLATIONS. (A) Upon receiving notice of the probable existence of weeds in violation of this subchapter, a person designated by the City Council shall make an inspection and prepare a written fepoft to the City Couneil fegar-ding the eendifieft. The City Couneil, open eeneluding that there . a probable belief that this ,...l.,.l.apte. has been vielated, shall forward written notification in the form of a Destruction Order to the property owner or the person occupying the property as that information is contained within the records of the City filer-kAdministrator or- any The notice shall be served in writing by certified mail. The notice shall provide that within'seven regular business days after the receipt of the notice that the designated violation shall be removed by the property owner or person occupying the property. (B) (1) All notices are to be in writing and all filings are to be with the City GlerkAdministrator. (2) Certified mailing to the City Glel-kAdministrator or others is deemed filed on the date of posting to the United States Postal Service. § 92.41 APPEALS. (A) The property owner may appeal by filing written notice of objections with the City Council within 48 hours of the notice, excluding weekends and holidays, if the property owner contests the finding of the City Council. It is the property owner's responsibility to demonstrate 31 Comment [hb9]: Currently, we take phone complaints but most 'cities have policy of only taking written complaints. that the matter in question is shrubs, trees, cultivated plants or crops or is not otherwise in violation of this subchapter, and should not be subject to destruction under the subchapter. (B) An appeal by the property owner shall be brought before the City Council and shall be decided by a majority vote of the Council Members in attendance and being at a regularly scheduled or special meeting of the City Council. § 92.42 ABATEMENT BY CITY. In the event that the property owner shall fail to comply with the Destruction Order within seven regular business days and has not filed a notice within 48 hours to the City ClerkAdministrator of an intent to appeal, the City Council may employ the services of city employees or outside contractors and remove the weeds to conform to this subchapter by all lawful means. No person shall enter the property to abate the nuisance, except with the permission of the owner, resident or other person in control of the �ropert�----------------------------------- §______ § 92.43 LIABILITY. (A) The property owner is liable for all costs of removal, cutting or destruction of weeds as defined by this subchapter. (B) The property owner is responsible for all collection costs associated with weed destruction, including but not limited to court costs, attorney's fees and interest on any unpaid amounts incurred by the city. If the city uses municipal employees, it shall set and assign an appropriate per hour rate for employees, equipment, supplies and chemicals which may be used. (C) All sums payable by the property owner are to be paid to the City CIer-kAdministrator and to be deposited in a general fund as compensation for expenses and costs incurred by the city. (D) All sums payable by the property owner may be collected as a special assessment as provided by M.S. § 429.101, as it may be amended from time to time. 32 Comment [hb101. And it they don't allow it, would need admin warrant