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Home My WebLink About05/09/2006LAUDERDALE CITY COUNCIL MEETING AGENDA TUESDAY, MAY 93 2006 7:30 P.M. CITY HALL The City Council is meeting as a legislative body to conduct the business of the City according to ROBERT'S RULES OF ORDER AND THE STANDING RULES OF ORDER AND BUSINESS OF THE CITY COUNCIL. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 2. 3. 9 ROLL — 7:30 p.m. Council members: Gill -Gerbig Hawkinson Doherty Christensen Mayor Dains Staff. Bakken -Heck APPROVAL OF THE AGENDA - 7:32 p.m. APPROVALS - 7:35 p.m. A. Approve minutes for 4/25/2006 City Council Meetings B. Approve claims totaling $66,461.81 OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA- 7:37 p.m. Any member of the public may speak at this time on any item NOT on the agenda. In consideration of the public attending the meeting for specific items on the agenda, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued under Additional Items at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Council's ROBERT'S RULES OF ORDER AND THE STANDING RULES OF ORDER AND BUSINESS OF THE CITY COUNCIL, is welcomed and your cooperation is greatly appreciated. 5. CONSENT A) City Park Applications B) PCIC Appointment 6. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS A) City -Wide Garage Sale- Saturday, May20th GACityAdm1n\Agendas\2006 agendas\May 9.doc Page 2 7. INFORMATIONAL PRESENTATIONS 8. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings, all affected residents will be given an opportunity to speak pursuant to the ROBERT'S RULES OF ORDER AND THE STANDING RULES OF ORDER AND BUSINESS OF THE CITY COUNCIL. A) Animal Control Ordinance 9. REPORTS A) Walkable Community Workshop Follow-up 10. DISCUSSION ACTION A) Adopt Personnel Policy Manual B) Set Date for Day in the Park 12. ITEMS REMOVED FROM THE CONSENT AGENDA 13. ADDITIONAL ITEMS 14. SET AGENDA FOR NEXT MEETING — 8:00 p.m. A) Closed session to discuss Litigation B) Closed session to discuss Labor Negotiations C) Administrator Performance Evaluation 15. WORK SESSION 8:05 p.m. A) Rental Housing License B) Administrator Performance Appraisal C) Nuisance Property 16. ADJOURNMENT G:\CityAdm1n\Agendas\2006 agendas\May 9.doc LAUDERDALE CITY COUNCIL MEETING MINUTES TUESDAY, APRIL 25, 2006 Mayor Dains called the meeting to order at 7:35 p.m. and asked administrator Bakken Heck to call roll. Council members present: Karen Gill -Gerbig, Denise Hawkinson, Karen Doherty, Clay Christensen and Mayor Jeffrey Dains. Staff present: Jim Bownik and Heather Butkowski. Mayor Dains asked for additions or deletions to the agenda. There being none, council member Christensen moved and Gill -Gerbig seconded the agenda and the motion carried. Mayor Dains asked for any additions or corrections to the minutes of April 11, 2006. There being none, council member Gill -Gerbig moved and council member Doherty seconded the minutes as presented and the motion carried. Mayor Dains asked for questions on the claims. There being none, council member Hawkinson moved and Doherty seconded approval of the claims in the amount of $36,021.69 and the motion carried. Mayor Dains stated this is the time for members of the audience to address the council on items not on the agenda. There was no one in attendance who wished to address the council. Mayor Dains asked if there were any items on the consent agenda that members wished to remove. There being none, the mayor asked for a motion to approve the consent agenda. Council member Christensen moved approval of the consent agenda acknowledging the first quarter investment report. Council member Gill -Gerbig seconded the motion and it carried. Bakken -Heck presented the first quarter budget report and stated there were no budgets areas that need to be watched as the city is right on target with expenditure and revenue targets. Bownik presented an update on the Walkable Communities project that is taking place Tuesday, May 9th from 1:00 p.m. to 5:00 p.m. He provided an outline of the day and the program. He drew attention to the individuals who were specifically invited to attend. The event will start at City Hall with a walking tour to follow. Gill -Gerbig asked how many of the invitee's will be there. Bownik stated he requested an RSVP. Mayor Dains welcomed the Comprehensive Plan Steering Committee. He noted that the last task force worked on a similar plan ten years ago. The Mayor outlined the direction the Council would like to go. 1) parks are important; 2) infrastructure — the city completed road and sewer improvements in 2004; 3) the turn back issue of Fulham, Eustis and Roselawn; 4) redevelopment along Larpenteur Avenue, as it has been previously discussed by the council. Page 1 of 2 LAUDERDALE CITY COUNCIL MEETING MINUTES TUESDAY, APRIL 25, 2006 Butkowski provided an outline of how the process will work and the general time line followed. Butkowski then introduced all the task force members in attendance. The Mayor then discussed meeting times and dates. He ruled out the second and fourth Tuesdays as they are council meeting days. The task force will meet on the third Tuesday of the month. Meetings will begin at 7:30 p.m. and end at 9:00 p.m. The mayor commented the meetings are public and others may attend any of the meetings. The Council thanked all the members for volunteering to be on the task force. Agenda for the next meeting will include the Animal Control Ordinance, Administrator performance appraisal and rental housing ordinance. Also may include updates by the legislative representatives. The meeting adjourned at 8:04 p.m. on a motion by Christensen and second by Gill - Gerbig. Page 2 of 2 CITY OF LAUDERDALE Claims for Approval May 9, 2006 City Council Meeting Payroll 5/05/06 Payroll: Direct Deposit # 500139-500143 $6,287.65 5/05/06 Payroll: Payroll Liabilities, e -payments 54E -56E $5,509.02 Vendor Claims 5/09/06 Claims: Check # 18086-18105 $54,665.14 Subtotal of Claims From Above $66,461.81 Total Claims for Approval $66,461.81 CITY OF LAUDERDALE 'Check Detail Register© MAY 2006 Check Amt Invoice Comment 10100 NORTH STAR CHECKING Paid Chk# 018086 5/9/2006 1744 LAKE ST E 101-45100-371 NON-RESIDENT REIMBURSEM _ $58.00 youth sport reimbursement Total 1744 LAKE ST $58.00 Paid Chk# 018087 5/9/2006 ABDO EICK & MEYERS LLP E 101-41300-301 AUDITING $10,813.60 2005 financial audit E 601-49000-301 AUDITING $2,703.40 2005 financial audit Total ABDO EICK & MEYERS LLP $13,517.00 Paid Chk# 018088 5/9/2006 BAKKEN-HECK BRIAN E 101-41200-331 TRAVEL EXPENSE $16.82 4/06 misc expenses Total BAKKEN-HECK BRIAN $16.82 Paid Chk# 018089 5/9/2006 BANYON DATA SYSTEM E 101-41300-307 COMPUTER SERVICES $1,560.02 '06 fund/payroll support Total BANYON DATA SYSTEM $1,560.02 Paid Chk# 018090 5/9/2006 CINTAS E 601-49000-425 CLOTHING $26.63 pw uniforms E 601-49000-425 CLOTHING $26.63 pw uniforms E 601-49000-425 CLOTHING $26.63 pw uniforms Total CINTAS $79.89 Paid Chk# 018091 11 5/9/2006 CITY OF FALCON HEIGHTS E 101-42200-323 FIRE INSPECTION $450.00 '05 fire inspections E 101-42200-320 FIRE CONTRACT $12,897.51 '06 base rate fire contract Total CITY OF FALCON HEIGHTS $13,347.51 Paid Chk# 018092 5%9%2006 CITY OF ST ANTHONY E 101-42100-319 POLICE CONTRACT $21,271.17 5/06 police services Total CITY OF ST ANTHONY $21,271.17 Paid Chk# 018093 5/9/2006 GLENWOOD INGLEWOOD E 101-41200-208 WATER DELIVERY $4.79 4/06 water cooler rental Total GLENWOOD INGLEWOOD $4.79 ' P- _ _ ,, _., v - _, .a ,--.. aid Chk# 018094 � 5/9/2006 HOME DEPOT CRC E 101-43100-228 MISC REPAIRS MAINT SUPPLIE $18.02 paint for city hall Total HOME DEPOT CRC $18.02 Paid Chk# 018095 5/9/2006 KENNEDY & GRAVEN E 101-41400-355 MISC PRINTING/PROCESS SER $0.99 03/06 legal services E 101-41400-305 LEGAL FEES $290.00 03/06 legal services E 101-41400-305 LEGAL FEES $580.00 03/06 legal services - park Total KENNEDY & GRAVEN $870.99 Paid. Chk# 018096 5/9/2006 MAMA E 101-41200-308 TRAIN ING\CONFERENCES $18.00 bh luncheon CITY OF LAUDERDALE *Check Detail Register© MAY 2006 Check Amt Invoice Comment Total MAMA $18.00 Paid Chk# 018097 5/9/2006 MIKE MC PHILLIPS E101-43200-314 STREET SWEEPING $2,510.00 spring '06 street sweeping Total MIKE MC PHILLIPS $2,510.00 Paid Chk# 018098 ''5/9-/2-00-6- NORTH STAR BANK, CHECKING STMT E 101-41200-203 POSTAGE $7.60 stamps E 101-41200-331 TRAVEL EXPENSE $3.00 parking met council E 101-43100-202 PERMENANT SUPPLIES $6.00 city hall keys E 101-41200-308 TRAINING\CONFERENCES $15.00 jb apmp meeting E 101-41200-203 POSTAGE $13.92 certified letters E 101-41200-203 POSTAGE $9.28 certified letters E 101-41500-409 OTHER EQUIPMENT REPAIR/M $15.96 voting machine battery E 101-41100-440 MEETING EXPENSES $34.39 comp plan kick off E 101-41200-203 POSTAGE $40.11 stamps E 101-43100-332 MISC. TRAVEL EXPENSE $8.25 pw parking at conf Total NORTH STAR BANK, CHECKING STMT $153.51 Paid Chk# 018099 5/9/2006 PARK HARDWARE HANK E 101-43100-228 MISC REPAIRS MAINT SUPPLIE $19.82 misc supplies E 101-43100-202 PERMENANT SUPPLIES $41.71 soap dispenser E 101-45200-228 MISC REPAIRS MAINT SUPPLIE $14.88 park repairs Total PARK HARDWARE HANK $76.41 Paid Chk# 098100 5/9/2006 'PARK-SERVICE---' ARKSERVICEE E601-49000-212 MOTOR FUELS $19.01 4/06 motor fuel E 101-43100-212 MOTOR FUELS $171.00 4/06 motor fuel Total PARK SERVICE $190.01 Paid Chk# 018101 5/9%2006 RAMSEY CO LEAGUE OF LOCAL GOVT E 101-41100-438 DUES & SUBSCRIPTIONS $152.75 2006 dues Total RAMSEY CO LEAGUE OF LOCAL GOVT $152.75 Paid Chk# 018102 5/9/2006 RAMSEY COUNTY, PROP REC & REV E 405-48500-327 OTHER SERV- SEWER/NPDES 1 $664.44 of administration Total RAMSEY COUNTY, PROP REC & REV $664.44 Paid Chk# 018103 5/9/2006 RAPIT PRINTING E 101-43400-355 MISC PRINTING/PROCESS SER $59.43 building permit hard cards Total RAPIT PRINTING $59.43 Paid Chk# 018104 5/9/2006 ST PAUL REGIONAL WATER SERVICE E 601-49000-382 WATER $12.91 1915 Walnut water bill E 101-43100-382 WATER $12.91 1891 Walnut water bill Total ST PAUL REGIONAL WATER SERVICE $25.82 Paid Chk# 018105 5/9/2006 WASTE MANAGEMENT E 101-43100-384 REFUSE DISPOSAL $70.56 5106 waste pick up Fund Summary CITY OF LAUDERDALE *Check Detail Register© MAY 2006 Check Amt Invoice Comment Total WASTE MANAGEMENT $70.56 10100 NORTH STAR CHECKING $54,665.14 10100 NORTH STAR CHECKING 101 GENERAL $51,185.49 405 TIF -PROJECTS $664.44 601 SEWER UTILITIES $2,815.21 $54,665.14 CITY OF LAUDERDALE 05/04/06 10:32 AM Page 1 Payments Current Period: MAY 2006 Batch Name 050506paytax Payment Computer Dollar Amt $5,509.02 Posted Refer 212 PERA Ck# 000054E 5/5/2006 Cash Payment G 101-21704 PERA 5/5/06 payroll $1,218.95 Invoice Transaction Date 5/4/2006 Due 0 NORTH STAR CHEC 10100 Total $1,218.95 Refer 213 NORTH STAR BANK, CHECKING S Ck# 000055E 5/5/2006 Cash Payment G 101-21703 FICA WITHHOLDING. 5/5/06 federal payroll taxes $1,682.52 Invoice Cash Payment G 101-21701 FEDERAL TAXES 5/5/06 federal payroll taxes $938.33 Invoice Transaction Date 5/4/2006 Due 0 NORTH STAR CHEC 10100 Total $2,620.85 Refer 214 ICMA Cash Payment G 101-21705 ICMA RETIREMENT Invoice Transaction Date 5/4/2006 _ Ck# 000056E 5/5/2006 5/5/06 payroll Due 0 NORTH STAR CHEC 10100 Fund Summary BATCH Total 10100 NORTH STAR CHECKING 101 $5,509.02 $5,509.02 Pre -Written Checks $5,509.02 Checks to be Generated by the Compute $0.00 Total $5,509.02 Total $1,669.22 $1,669.22 $5,509.02 LAUDERDALE COUNCIL E: ACTION FORM :1 Action Requested Consent X Public Hearing Discussion Action Resolution Work Session E May 9, 2006 BER 5A City Park Applications 'IAL 6 BY AIPMINIS DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: We regularly receive applications to use park facilities. Many of these groups are small and do not reach the 30 person threshold in which the group or organization must receive coun- cil approval to use the park. We received an application from Karen Erwin-Bulena, a previ- ous Lauderdale resident, to use the park on July 29th from 10 a.m. until 9 p.m. for a Lauder- dale reunion. OPTIONS: A) Approve Karen Erwin-Bulena's request to use the park on July 29th. B) Do not approve her group's request. STAFF RECOMMENDATION: While staff recommends allowing this group to use the park, we encourage the council to consider the free use of the park for large groups at the end of the year when setting annual fees. Large groups incur clean up, maintenance, and restroom service costs that do not exist or are negligible with smaller groups. Large groups also monopolize sections of the park and make it inaccessible to other residents during that time. COUNCIL ACTION: " LauderdaleCity of jW 1892 Walnut Street • Lauderdale • Minnesota 55113 Phone: 651,631.0300 Fax: 551.631.2055 APPLICATION FOR USE OF COMMUNITY PARI ,APPLICANT INFORMATION: Name: ( Address: %jam L( f 0 f City: 60t.� S State: r1 zip: Telephone No.: 765 '71:r- Name of Organization (if applicable): _— .93. S`_5— PARK USE INFORMATION: �S� - ��l' 12�`i' Date(s) of Park Use: Hours Used: Number attending: Part of Park to be reserved (circle all that apply): ' crue shelter ; I`ennis court Ballfield Skating rink Hockey rink Other: Please note: c�nk is only available for reservation from the hours of $ —10 pm. ]By signing this application, the applicant agrees to the following: • The park facilities will not be used for advertisement of any product, goods, or services, nor for personal profit. • The applicant will clean up the area after the event has occurred. • The proposed event will not unreasonably interfere with the general public use of the park, or with the safe and orderly movement of traffic on streets surrounding the parte. • The applicant is aware that there is a parkijig lot on Roselawn Avenue, including spaces for the handicapped. • The applicant understands that the park opens at 8:00 am. and closes at 10:00 pm. • The applicant understands that no intoxicating liquor may be present or consumed at the park. Applicant's Signature PIease Print Applicant's Name Date FOR OFFICE USE ONLY: Date Application Received: _ `I �� t/�� Approved By: Tem rary Nan-Intoxicat n Liquor License Clrattted 7 if so, date Council granted: LAUDERDALE COUNCIL ACTION FORM ACTION REQUESTED MEETING DATE May 9, 2006 Consent Public Hearing ITEM NUMBER PCIC Appointments Discussion STAFF INITIAL JR Action Resolution APPROVED BY ADMINISTRATOR Work session f� DESCRIPTION OF ISSUE AND PAS TCOUNCIL,ACTION: The Park and Community Involvement Committee has received an application for membership from the following residents: John Harpel, 1779 Walnut Kathy Lerfald, 1724 Carl Kendra Kauppi, 1618 Eustis #12A Appointment of the three individuals listed above would bring the number of members to six, however, Juliane Kvalbein will be moving to Roseville in June. Juliane was presented a certificate of appreciation at the last meeting. Attached are the applications and a copy of the certificate of appreciation given to Juliane. OPTIONS: STAFF RECOMMENDATION: Appoint John Harpel, Kathy Lerfald, and Kendra Kauppi each to the Park & Community Involvement Committee for two year terms. COUNCIL ACTION: Would you like to see Lauderdale events like Snow*Commotion, Day in the Park, and the Halloween Party continue? If so, your help is needed! The committee also makes recommen- dations to the City Council on parks and recreational issues, Please complete this form and return it to Lauderdale City Hall, or call 651-631-0300 to let us know about your interest. Yes, I am interested in joining the Lauderdale Park and Community Involvement Committee. Name Address WAL-M c --VriEC i Phone _ 012- 7-2�I YI6, y I am interested in becoming a member of the Park & Community Involvement Committee for the following reason(s): I have the following talents and experiences that I am able to contribute to the Committee: 3: _L i-iAL� ` v-AT)e `iKsLLS -7 Cr2cdE'-t--vc P,GIC _:Ys l zp A Pcation Would you like to see Lauderdale events like Snow*Commotion, Day in the Park, and the Halloween Party continue? If so, your help is needed! The committee also makes recommen- dations to the City Council on parks and recreational issues. Please complete this form and return it to Lauderdale City Hall, or call 651-631-0300 to let us know about your interest. Yes, I am interested in joining the Lauderdale Park and Community Involvement Committee. Name 141 Le 0 --FA- i_-J:�' Address I _�-DA C_h--fit_ S• -F, Phone _ 6s-1- �' J_ •- 3 9 S -_k) I am interested in becoming a member of the Park & Community Involvement Committee for the following reason(s): T -L N (z t B uT To �� . eta L -L-1 ey E-�j v1 ; fL (3 -&rte M 6- TZ) et t' LO (' 5 (- T S -F f r2t zt G- P j�A_ i have the following talents and experiences that I am able to contribute to the Committee: i A -T u- t, T- S � J- N1 ID I z_E Would you like to see Lauderdale events like Snow*Commotion, Day in the Park, and the Halloween Party continue? If so, your help is needed! The committee also makes recommen- dations to the City Council on parks and recreational issues. Please complete this form and return it to Lauderdale City Hall, or call 651-631-0300 to let us know about your interest. Yes, I am interested in joining the Lauderdale Park and Community Involvement Committee, Name K F=- N 0 K e- k Q Address 1�4 I S &XS RS S7 _412ICI\ ST ei'\ i MIJ 5Si O6 Phone (DSI - (oH� - I am interested in becoming a member of the Park & Community Involvement Committee for the following reason(s): ('-t)I'Y�vY; Ltd iX i � n �jt;f lcVnT�fi have the following talents and experiences that I am able to contribute to the Committee: t4 c N' MOWL SCS (', i 4q. � o ae'u� edv ME alk L O � o N 0 0 L ® } f ry 0 U > U •— 4- o +- epo .POW_ ^� W dl 0 V U N s w d 0 M: M. LAUDERDALE COUNCIL ACTION FORM ACTION REQUESTED Announcement x MEETING DATE May 9, 2006 Consent Public Hearing ITEM NUMBER City -Wide Garage Sale Discussion STAFF INITIAL JB Action Resolution APPROVED BY ADMINISTRATOR Work session DESCRIPTION OF ISSUE AND PAST COUI�C__..ACTIO The City -Wide Garage Sale is Saturday, May 20th starting at 8 a.m. It is always the 3rd Satur- day in May— so you can already mark your calendars for next year. So far, 16 people have signed up. Residents can still register through the end of the week. There is no charge to participate. The city's role is to coordinate and promote the event as a benefit to the residents by letting people know that there will be a lot of garage sales in Lauderdale on this particular day. Hopefully, this attracts a lot of garage sale shoppers here that day. Having a garage sale, or going to the garage sales is also a good way to get to know your neighbors. The look and content of the garage sale list has been improved. Now it includes a list of items for sale that may be of interest. Attached is a draft of how it will look. On the back will be an ad from Moose Giannetti. The ad revenue is $50, which is credited to the community events fund. There will not be any expenses for this event this year. OPTIONS: STAFF RECOMMENDATION: COUNCIL ACTION: CITY-WIDE GARAGE SALE SATURDAY, MAY 20TH STARTING AT 8:00 AM ADDRESS ITEMS OF INTEREST 1765 Carl Misc. 1918 Carl 1952 Carl 1751 Eustis bread maker, pair of vanity lamps, like new satin quilted bedspread (tan/gold), like new vanity case (never used), Kenmore portable sewing machine and attachments 1756 Eustis furniture, bikes, lawn mowers, fabrics, tools 1774 Eustis jewelry, antiques, crafts, miniatures, phonograph records (33's, 78's), household goods, much miscellaneous 1866 Eustis pottery, collectibles, toys, etc. 1952 Eustis weaving loom, 1940's vanity, household items, clothing, seasonal decorations, craft supplies, exercise equipment, jewelry, quality misc., golf balls 1713A Fulham (please park on street) household goods 2307 Ione 1886 Malvern Misc. 1807Pleasant 1901 Pleasant 1779 Walnut 1871 Walnut Furniture, small stuff & new futon still in box 1904 Walnut 1-2T Boy clothes, furniture Every Year on the Third Saturday in May! LAUDERDALE COUNCIL ACTION FORM ACTION REQUESTED Consent Public Hearing Discussion Action X Resolution Work session Date: Tuesday, May 9, 2006 ITEM NUMBER 8A—Animal Control Ordinance STAFF INITIAL APPROVED TOR DESCRIPTION OF ISSUE AND PAST COUNCI,LACTION The Council dis- cussed this ordinance at several work sessions and meetings and several suggestions made and incorporated in to this final draft. The ordinance revision started with a court decision making a portion of the old ordinance unconstitutional. In the process of up- dating this section, other out dated and problematic areas were found and we began to review the entire ordinance. This is the end result of the efforts of council. OPTIONS: 1. Adopt the ordinance as presented; 2. Amend the ordinance and adopt as amended; 3. Send the ordinance back for further review and consideration; or 4. Do nothing and operate under the current ordinance. STAFF RECOMMENDATION: Staff recommends the City Council adopt option 1. COUNCIL ACTION: CITY OF LAUDERDALE ORDINANCE NO. An Ordinance Amending Sections 5-3-1, 5-3-3, 5-3-4, 5-3-5, 5-3-6, 5-3-7, 5-3-8, 5-3-10, 5-3-11, 5-3-12 of the Code of Ordinances Regarding Animal Control. The city council of the city of Lauderdale ordains as follows: SECTION I. The Lauderdale code of ordinances is amended by deleting thesren material and adding the underlined material as follows: ANIMAL CONTROL1 SECTION: 5-3--1: Definitions 5-3--2: Enforcement 5-3--3: Exemptions 5-3--4: Certain BeFft s * ,a Non -Domesticated and Farm Animals 5-3--4-1: Permit Required 5-3--4-2: Application; Fees 5-3--4-3: Hearing 5-3--4-4: Term Of Permit; Renewal 5-3--4-5: Revocation 5-3--4-6: Home Occupation 5-3--4-7: Penalty 5-3--5: Dogs And Cats 5-3--5-1: License And Registration; Exceptions 5-3--5-2: Vaccination Required 5-3--5-3: Licensing Procedures 5-3--6: Regulations 5-3--7: Impoundment 5-3--8: Rabies Control 5-3--9: Biting Animals To Be Quarantined 5-3-10: Potentially Dangerous Anms.Dods 5-3-11:. St3mmary Destruet =__ Dangerous Dogs 5-3-12: Destruction of Dangerous Dogs 5-3-13• Penalty 1 M.S.A. H 18.021 et seq., chapters 356 and +;� 347, 561.07, 609.227, and 609.605. 274174v2(SJS) LA135-3 5-3-1: DEFINITIONS: As used in this Chapter, except as otherwise provided, the following terms shall have the respective meanings ascribed to them: ANIMAL CONTROL AUTHORITY: means an agency of the state, county, municipality or city, or other governmental subdivision of the state which is responsible for animal control operations in its jurisdiction. ANIMAL, DOMESTIC: Animals kept within the—heffleas pew commonly accepted as domesticated household pets. Unless otherwise defined, such as degs, eats, heuseheld birds, s lar an-ifaal--s— animals shall include dogs, cats, caged birds, gerbils, hamsters, ferrets, mice, rats, guinea pigs, chinchillas, domesticated rabbits, fish, non-poisonous, non -venomous or non -constricting reptiles or amphibians. ANIMAL, NON-DOMESTIC: Those animals commonly considered to be naturally wild and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety and welfare of people. Unless otherwise defined, such animals shall include: A. Any member of the large cat family (family felidae) including, but not limited to, lions, tigers, cougars, bobcats, leopards and jaguars, but excluding domesticated house cats. B. Any naturally wild member of the canine family (family canidae) including, but not limited to, wolves, foxes, coyotes, dingoes, and jackals, but excluding domesticated dogs. C. Any crossbreeds between a domesticated animal and a non -domesticated animal such as the crossbreed between a wolf and a dog. D. Any member or relative of the rodent family, including, but not limited to, any skunk (whether or not descented), raccoon, or squirrel, but excluding those members otherwise 274174v2(SJS) LA135-3 defined or commonly accepted as domesticated pets. E. Any poisonous, venomous, constricting or inherently dangerous member of the reptile or amphibian families, including but not limited to, rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators. F. Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this subpart, including, but not limited to, bears, deer, monkeys and game fish. ANIMAL, FARM: Those animals commonly associated with a farm or performing work in an agricultural setting Unless otherwise defined, such animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (pigs, including Vietnamese pot-bellied pigs), goats, bees, llamas, alpacas, and other animals associated with a farm ranch or stable. AT LARGE: An unattended animal on public property; or an unattended animal on private property without the consent of the property owner. CAT: Any domesticated feline animal, male or female, whole or neutered. DANGEROUS ANIMA13 DOG: Any aniffial dog that has committed any of the acts set forth below: A. Without provocation, inflicted substantial bodily harm on a human being on public or private property; or B. Killed a domestic animal without provocation while off the owner's property; or C. Been found to be a potentially dangerous aniffial dog, and after the owner has been notified that the aniffial daoq is potentially dangerous, the anifaal do_g aggressively bites, attacks, or endangers the safety of hiifaan humans or domestic animals. 274174v2 (SJS) LA135-3 DOG: Any canine animal, male or female, whole or neutered. GREAT BODILY HARM: Bodily iniury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. PROPER ENCLOSURE: Any structure, exe pt = dwelling designed -to seeu-r-ely ene-lese- and prevent an means securely confined indoors or outdoors in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping crrercfro fR Te -s - designed —ce—pr6'vl-de cr1e ai3-l-Rlur xoozshelter and pr-eteetien from—the —weather. and providing protection from the elements for the animal. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which a door or window screens are the only obstacle that prevent the animal from exiting. OWNER: Any person, firm, corporation, organization or department processing, harboring, keeping, having an interest in or having custody or control of an animal. POTENTIALLY DANGEROUS ANIMAL DOG: Any anima dog that has committed any of the acts set forth below: A. When unprovoked,— inflicts bites on a human or domestic animal on public or private property, - B. When unprovoked, chases or approaches a person, including a person on a bicycle upon the streets, sidewalks or any ear public or private property, other than the dog owner's property in an apparent attitude of attack; or C. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. RESTRAINED: On a leash of not more than six feet (61) in length and in the custody of a person of sufficient age to adequately control the animal, in a vehicle, or confined to 274174v2(SJS) LA135-3 the owner's property by enclosure or fencing, or absolute voice command. SUBSTANTIAL BODILY HARM: Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. (Ord. 12, 7-27-1993) in- ND! 5-3-3: EXEMPTIONS: The following provisions of this Chapter shall not apply in the following circumstances: A. Unless specified herein, the provisions of this Chapter shall not apply to animals used or confined at hospitals, clinics, or businesses operated by licensed veterinarians. B. Section 5-3-5-2 relating to vaccination requirements shall not apply to any animal belonging to a nonresident of the City and kept within the City for not longer than thirty (30) days, provided all such animals shall, at all times while in the City, be restrained by the owner. C. Sections 5-3-10 and 5-3-11 relating to dangerous animals dogs and potentially dangerous aniffials dogs shall not apply to dogs under the control of a law enforcement officer. D. Subsections 5-3-6A and 6C shall not apply to raptors possessed by licensed falconers holding valid State and Federal Falconry Permits so long as the conditions of the permit are being satisfied. (Ord. 12, 7-27-1993) E. Section 5-3-4 shall not apply to licensed kennels, pet stores, or veterinary clinics. (Ord. 84, 11-19-1985) 5-3-4: S TP? r'^i 9MESTIG TED NON-DOMESTIC AND FARM ANIMALS: 5-3-4-1: PERMIT REQUIRED: It shall be unlawful to keep or maintain reesters,-peep= ethe large a non -domesticated or farm animal, ether t than a deg,- without first having obtained a permit therefor. It shall also be unlawful to keep or maintain more than two (2) ehiek-ens, dtteks, geese, trrkeys rabbits, chinchillas, minks, nutrias,or guinea pigs without first 274174v2 (SJS) LA135-3 having obtained a permit therefor. All of the aforementioned are hereinafter referred to as "animals". (Ord. 84, 11-19-1985) 5-3-5-3: LICENSING PROCEDURES: A. Application: Except as herein provided, within thirty (30) days after acquiring possession of a dog or cat five (5) months or older, the owner of the dog or cat shall make application for a dog or cat license. The application shall be on forms provided by the City Administrator. The applicant shall also present proof of vaccination to the City Administrator prior to the issuance or renewal of a license. B. License Fee: The license fee for each dog or cat must be submitted with the application. The fee will be established by City Council resolution. C. Term Of License: A license shall be = issued for a period of time not to exceed the expiration date of the rabies vaccination. D. Issuance: Upon completion of the application form, receipt of the license fee and receipt of the proof of vaccination, the City Administrator shall cause a dog or cat license to be issued to the applicant for a particular dog or cat. E. Receipt And Tags: The City Administrator shall cause a license fee receipt to be issued to the applicant along with a metallic tag. The applicant shall cause the tag to be affixed permanently by a metal fastening device to the collar of the licensed dog or cat in such a manner that the tag may be easily observed. F. Duplicate Tag: If a tag is lost, a duplicate may be issued by the City Administrator upon presentation of a receipt showing payment of the initial license fee and upon payment of an additional fee for each duplicate tag. G. Change Of Address: An applicant who has obtained a dog or cat license shall notify the City Administrator of applicant's address changes within the corporate limits of the City within ten (10) days of any address change. 274174v2 (SJS) LA135-3 H. Counterfeit Tags: No person shall counterfeit or attempt to counterfeit the dog or cat license tags. (Ord. 12, 7-27- 1993) 5-3-6: REGULATIONS: A. Confinement: Except as herein provided, the owner of an animal within the City shall cause such animal to be confined to the individual's property by adequate fencing, leash, or absolute voice command. B. Female In Estrus: The owner of a female dog or cat in heat shall confine such animal to the owner's property or any veterinary hospital/clinic, in such manner that such female dog or cat cannot come into contact with other animals, except for intentional breeding purposes.. C. Leash Required: The owner of an animal within the City shall cause such animal to be restrained by a leash, chain or a cord of not more than six feet (61) in length and in the custody of a person of sufficient age to adequately control the animal at all times while in a public place including but not limited to school yards, playground, parks or streets. D. Noise: The owner of any animal within the City shall be responsible for preventing the animal from becoming a nuisance. A nuisance shall be defined as barking, baying, crying, or howling in any manner, which can be heard by any person, including Animal Control or any law enforcement officer, from a location outside of the building or premises where the animal is being kept for an unreasonable length of time. For the purposes of this ordinance, "unreasonable" means repeated noise from the animal over at least a five (5) minute period of time with one (1) minute or less lapse of time between each animal noise during the five (5) minute period. E. Feces: Cleaning up litter: 1. The owner of an animal shall be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary manner. 2. The owner of an animal shall not permit such animal to be on public property or the private property of another without having in the owner's immediate possession, a 274174v2(SJS) LA135-3 device for the removal of feces and a proper receptacle on the property of such animal owner. F. Care Of Animals: The owner of an animal within the City shall provide said animal with sufficient, wholesome food and water; proper shelter and protection from weather; veterinary care when needed to prevent suffering; and with humane care and treatment. G. Abuse: No person shall beat, torment, or otherwise abuse an animal or cause or permit an animal fight. H. Number Allowed: No person shall allow residentially zoned property to be used for maintaining more than two (2) like domestic animals over six (6) months of age. building The –ewnersh,�eenfi-ne--withi-n–a Cli t'lding erseedseLe—enelesure, every r #-^nt__l ly danger—ids aal, and shall net e sueh an ffial eut of sueh b ng i d4- "J e r lees–eel ear amt a l is _ _ _ _ _ e 1r ffiuzzled—jGuard Dog Warning Signs: A person who uses a dog for security purposes within the City shall post a warning notice at the entrance of the premises. (Ord. 12, 7-27-1993; 1996 Code) 5-3-7: IMPOUNDMENT: A. Seizure: Subject to the provisions of this Section, animals found in violation of this Chapter may be seized by the Animal Control Officer, impounded in a designated animal shelter, and confined therein in a humane manner for a period of not more than five (5) business days or until claimed by the animal's owner, if allowable, whichever. occurs first. Seizure, impoundment and destruction of dogs that have inflicted substantial or great bodily harm on a human being without provocation shall be governed by Section 5-3-12. 1. Entry Of Private Dwellings: Animal Control Officers are not authorized to enter private dwellings _for the purpose of seizing animals. 2. Notice Of Seizure: Before seizing an animal from the private property of its owner, the Animal Control Officer shall make a reasonable attempt, taking into consideration the time of day and nature of the violation, to notify the owner that the animal is being seized because it was 274174v2(SJS) LA135-3 observed by the Animal Control Officer to be in violation of the provisions of this Chapter. 3. Written Notice: When an animal is seized from the private property of its owner and the Animal Control Officer has been unable to notify the owner of the reason for seizing the animal, the Animal Control Officer shall leave a written notice affixed to the dwelling unit, in a conspicuous manner, indicating the day and time the animal was seized; the reason for seizing the animal; and the address of the shelter where the animal can be found. 4. Notice Of Impoundment: Immediately upon impounding the animal, reasonable efforts shall be made to notify the owner and inform the owner of the animal's confinement and the procedures for release of the animal to the owner. B. Redemption: An animal which is not redeemed within five (5) business days after impounding may be disposed of in any manner provided by law. Any animal which is not claimed by the owner or sold, shall be euthanized and disposed of in a sanitary manner by the Animal Control Officer. C. Title: The title of all animals seized and held at the animal shelter may be transferred to the Humane Society after the legal detention period has expired and the animals have not been claimed by their owners. D. Impoundment Fees: Any animal, with the exception of a non -domesticated animal or farm animal being maintained without a permit impounded hereunder may be reclaimed by the owner of such animal within five (5) business days after such impoundment. Before the owner shall be permitted to recover possession of the animal, the owner shall pay the Animal Control Officer all required fees and costs of impoundment. (Ord. 12, 7-27-1993) 5-3-8: RABIES CONTROL: A. State Law Adopted: The Minnesota Health Laws and Regulations are hereby adopted in cases of rabid animals which have bitten any person or animals suspected of being rabid. B. Duty Of Physician To Report: It shall be the duty of every physician to report to the City the names and addresses of persons treated for bites inflicted by animals together with other information helpful in rabies control. 274174v2(SJS) LA135-3 C. Duty Of Veterinarian To Report: It shall be the duty of every licensed veterinarian to report to the City his or her diagnosis of any animal observed by him or her as a rabies suspect. D. Issuance Of Proclamation: Whenever the prevalence of rabies or hydrophobia renders such action necessary to protect the public health, safety and welfare, the Mayor shall issue a proclamation ordering every person owning or in possession of a dog to confine it securely to other premises unless it is muzzled so that it cannot bite. No person shall violate this proclamation. (Ord. 12, 7-27- 1993) 5-3-10: POTENTIALLY DANGEROUS ANIMAL6 DOGS: A. Additional Fee And Proof Of Insurance: The owner of a potentially dangerous teal dog shall pay an additional annual fee as determined by Council resolution and shall provide the City Administrator annually with proof of liability insurance which covers damages that may be caused by such eniffial dog . City. (-C)rd-1-2 , z-2790- Confinement of a Potentially Dangerous Dog: a dog that is determined to be a potentially dangerous dog must be kept in a proper enclosure at all times. If outside, it must be confined to the owner's premises and be wearing a muzzle. C. Referral to Animal Behavioral Specialist: a dog determined to be a potentially dangerous dog may be evaluated by a professional animal behaviorist. The owner may provide to the City at the time of license a report by such animal behaviorist. If the report states that the dog has been rehabilitated, the dog may no longer be classified as potentially dangerous and is not sublect to the requirements of this section. 5-3-11: DANGEROUS DOGS: A. Dangerous Dogs: any person who has a dog that has been classified as a dangerous dog pursuant to this ordinance or pursuant to Minnesota Statute Section 347.50 subdivision 1 must: 274174v2(SJS) LA135-3 1. Obtain a certificateof registration from the Animal Control Authority. A certificate of registration may be issued when the owner provides sufficient evidence that: a) a proper enclosure exists for the dangerous dog and a posting on the premises with a clearly visible warning sign, including a warning symbol to inform children that there is a dangerous dog on the premises; b) a surety bond issued by a surety company authorized to conduct business in this state in a form acceptable to the Animal Control Authority in the sum .of at least $50,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least $50,000, insuring the owner and his or her property for any personal injuries inflicted by the dangerous dogs; c) the owner has paid an annual fee that is established by the City Council in addition to any regular dog licensing fees to obtain a certificate of registration for a dangerous dog under this section; and d) the owner has microchip identification implanted in the dangerous dog as required by Minnesota Statute Section 347.515. 2. Dangerous Dog Designation Review. Beginning six months after a dog is declared a dangerous dog, pursuant to Minnesota Statute Section 347 51 subdivision 3 (a), an owner may request annually that the Animal Control Authority review the designation of the dangerous . dog The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the dog's behavior has changed, the Animal Control Authority may rescind the dangerous dog classification. 274174v2(SJS) LA135-3 5-3-12: STTMM RY DESTRUCTION OF DANGEROUS DOGS: Procedure. The Animal Control officer, after having determined that a dog has inflicted substantial or great bodily harm on a human being without provocation, shall proceed in the following manner: 1. The Animal Control officer shall cause one owner of the dog to be notified in writing personally or by mail that the dog is dangerous and may order the dog seized or make such orders as deemed proper. The owner shall be notified as to dates, times, places, and parties bitten, and shall be given 14 days to appeal the order by requesting in writing an appeal hearing before the City Council for a review of this determination. a. If no appeal is filed by the owner with the City Council, the orders issued shall stand or the Animal Control Officer may order the dog destroyed. pati eu=animal - rep n e s e i s a e l e �q-nd inffnediate danger—theresidents eft -he eause it is infeeted with rabies er ` Yb¢eats`e it is a a^ngere ifta-,- If an owner requests a hearing for determination as to the dangerous nature of the dog, the hearing shall be held before the City Council which shall set the date for the hearing not more than three weeks after demand for the hearing. The records of Animal Control shall be admissible for consideration by the City Council without further foundation. After considering all evidence pertaining to the temperament of the dog, the City Council shall make an order as it deems proper. The City Council may order that the Animal Control officer,— aftermaking reasenable—atterend r3aeh—caniFfla-1 , m y gammari 1 y destrey the animal. 27 1 993 ; take the dog into custody for destruction, if such dog 274174v2(SJS) LA135-3 is not currently in custody. If the dog is ordered into custody for destruction, the owner shall immediately make the dog available to the Animal Control officer. C. No person shall harbor a dog after it has been found by the City to be dangerous and ordered into custody for destruction Stopping an Attack. If any law enforcement officer is witness to an attack by a dog upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim. 5-3-4r-2- 13 : PENALTY: Any violation of this Chapter is a misdemeanor. Each day on which such violation continues shall constitute a separate offense. (Ord. 12, 7-27-1993) SECTION II. This ordinance shall be effective upon its adoption and publication. Adopted by the city council of the City of Lauderdale this day of , 2006. Jeffrey Dains, Mayor ATTEST: Heather Butkowski, Deputy Clerk Published in the this day of 2006.. 274174v2(SJS) LA135-3 LAUDERDALE COUNCIL ACTION FORM ACTION REQUESTED Consent MEETING DATE May 9, 2006 Public Hearing ITEM NUMBER Walkable Community Workshop Report X Discussion STAFF INITIAL JB Action Resolution APPROVED BY ADMINISTRATOR Work session DESCRIPTION OF ISSUE AND PA COUNCIL A TION: There will be a brief summary of the workshop that occurred from 1-5 pm the day of the council meeting. This will be my second workshop in 2 days as I am attending Roseville's the day before Lauderdale's. At least 35 people are expected to attend the workshop. My notes on the possible attendees are attached, as is an updated agenda (there has been a change in presenters), and a draft of the map that shows the walking route. Workshop Expenses Maps: Created and provided with the help of the Ramsey County GIS Department (minimal). PA system: I arranged this through CTV (no cost). Refreshments: I purchased at Sam's Club (reimbursed 100%). OPTIONS: STAFF RECOMMENDATION: COUNCIL ACTION: Lauderdale Council Yes- Mayor (bus 3:45), KD, KGG (until 2:15) Clay ?- Denise Lauderdale Staff Yes- JB, HB, JH -yes, DH (until 3) No- BBH (staffing city hall) City Engineer Yes- Tom Kellogg City Insurance Agent ?- Bob Welch PCIC Yes- JK (at 1:45), MK (at 3:30), ?- KJ, JH, KL, KK Comp Plan Steering Committee Yes -Thomas Dvorak (mail), Bob Milligan 651 647-0495, Brian Malzer, Kevin Bumgardner Ramsey County Yes- Dan Soler, Sara Merz, Jan Parker (Pat 266-8351), Jody Yungers Falcon Heights Council & Residents Yes- —8 residents No- Sue Gehrz, Pamela Harris (attending Roseville's) Falcon Heights Staff Yes- Deb Jones, ?- Chief Kurhajetz No- Greg Hoag (attending Roseville's) St Anthony PD No- Chief Ohl School District Yes- Jan Vanderwall (Wellness Coordinator 651-635-1609) Met Transit ? Jon Spurgetis (District Supervisor 612-418-2831 cell) No- Lisa Johnson (Assistant Manager, Street Operations 612-349-5407) Do we need route change request? Or is it more of an access issue? Midland Hills Country Club ?- Terry Ivory U of MN Golf Course ?- Adam Guili (612-627-4340) No?- David Dubord (works 1 pm to close) Lions Club CTV ?- Dave, Shannon, (Cor said someone will be there for NSB) No- Cor News Media ?- Roseville Review, Park Bugle Lauderdale Residents ?- Barb Clausen, Elizabeth French No- Kate Schmidt Walkable Communities Workshop Tuesday, May 9th, 2006 1:00 — 5:00 pm Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Agenda Sign-in/coffee 1:00 pm Welcome and Introductions 1:10 pm Jeffrey Dains, Lauderdale Mayor _. ---._. _ - ----------- - -- --- - — --- - -- ---- - - ---- - ---- --- ----- Building Blocks of a Walkable Community 1:20 pm Slide Presentation, Basic Principles and Advanced Concepts j Mark Plotz, Progran Manager, National Center for Bicycling and Walking j Gary MacFadden, Director of Operations for the National Center for Bicycling & Walking Overview of Community Map with Destinations 1 2:35 pm An Bownik, Lauderdale Assistant to the City Administrator Jody Yungers, Ramsey County Director of Park Services and Operations ___..._... ........ .__.....___.._._................ .... .._._.___.--.__........_................. __.__... _._......._.__.___..__.__...._.._........ ---- ------- ...-._.___._......_..._..__.__._............... .._._._...---------- BREAK ? 2:45 pm Walking Audit of Community 12:50 pm Mark Plotz, Program Manager, National Center for Bicycling and Walking Gary MacFadden, Director of Operations for the National Center for Bicycling & Walking Group reporting on Audit Findings ! 4:10 pm Discuss Desired Improvements Develop Plan for "Next steps" Mark Plotz, Program Manager, National Center for Bicycling and Walking Gary MacFadden, Director of Operations for the National Center for Bicycling & Walking Wrap Up Evaluation Close Workshop 5:00 pm Information about the presenters is on the other side of this agenda. Bios: Mark Plotz is the Program Manager for the Walkable Community Workshop series at the National Center for Bicycling & Walking (NCBW). He serves as a lead facilitator for the program which is designed to provide direct technical assistance to communities, while engaging the general public in the transportation planning process. In 2005 he facilitated workshops in: Bakersfield, Dayton, Fayetteville, Medford (OR), Visalia (CA), Greensboro (NC), and Maine. Prior to working for the NCBW, Mark served two years as an AmeriCorps member. He spent his first year in Mankato, Minnesota, working to increase youth involvement in local government. His second year was spent in Charleston, South Carolina and various parts of the southeastern United States. Mark is an amateur bike racer and serious bicycle commuter, logging thousands of miles every year. As a kid he walked and biked to school. Gary MacFadden is the Director of Operations for the National Center for Bicycling & Walking. He has been with the organization since 2002, and serves as a lead instructor for the Walkable Community Workshop program. He recently led workshops in Daytona Beach, FL and Washington DC. Gary has also been instrumental in the creation of the Thunderhead Alliance—a national coalition of state and local bicycle and pedestrian advocacy organizations. Prior to working at the National Center for Bicycling & Walking, Gary served as executive director for Adventure Cycling Association for 20 years. Gary is a licensed pilot and accomplished photographer. He currently resides in Oregon. Lauderdale Walkable Communities Assessment it4 Har Mar - 2 mites C3 15 uu X) 9-6 jj ff� D F c- ut 6 0 _U it4 Har Mar - 2 mites C3 N Walking Route Destination Routes City Property W* Destination Points S uu 9-6 'Te CA— LY 93 "U� DO 41 n .3f L 0.3 0 0.3 0.6 Miles N Walking Route Destination Routes City Property W* Destination Points S LAUDERDALE COUNCIL ACTION FORM ACTION REQUESTED Consent Public Hearing Discussion Action X Resolution Work session 11 Meeting Date: Tuesday, May 9 2006 11 ITEM NUMBER 11 A Personnel Policies. STAFF INITIAL APPROVED BY ADMINISTRAJOR n DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION:!The City Council went through this document at the last work session and provided staff with suggested modifications. These modifications were made. The Council also requested staff ob- tain an opinion from the city attorney regarding a domestic partner definition and to look at the section on political activity. Staff received information back from the attor- ney and the relevant sections were modified according to the recommendations of the city attorney. OPTIONS: 1. Adopt the policy manual as presented; 2. Refer back for further consideration; 3. Do nothing. STAFF RECOMMENDATION: Staff recommends the council select option 1. COUNCIL ACTION: X cI ' CITY OF LAUDERDALE PERSONNEL POLICY AND PROCEDURES SECTION 1. PURPOSE. The purpose of this personnel,policy and procedures manual is to establish a uniform and equitable Deleted: CITY system of personnel administration, to define the rights and responsibilities of the City of Deleted: P Lauderdale and each employee and to give fair and equal employment opportunities to all qualified applicants� --------- Deleted: for the employees of the ---------- -- -------- CityC y of Lauderdale (CityCity), to define the rights and responsibilities of SECTION 2. EMPLOYMENT GUIDELINES. the CityCity ,The personnel policy and procedures manual is a guideline for the City and its employees regarding — — C�ity_employment It does not constitute an - employment agreement or contract. These policies and --- procedure, like all other City policies, = be amended at any time j)v the city council --- -------- SECTION 3. AT -WILL EMPLOYMENT. 45 All City em to _ees are hired on an at -will basis Thi, means ,either the employee or the -Ci_ Councilfan terminate employment at any time and for any reason_ Involuntary termination of aii -------------------------------- employee by the city shall be for fust cause ,, ---------------------------- SECTION 4. EQUAL EMPLOYMENT OPPORTUNITY POLICY. It is thej's policy to provide equal employment opportunity to all employees and applicants for employment in accordance with all applicable state and federal laws governing equal employment '} opportunity -affirmative action, SECTION 5. SCOPE. Subdivision 1. Positions Covered. This policy will apply to all employees in all positions, except the following: a. Elected officials; b. Members of all boards and commissions; C. Consultants and personnel paid on a fee basis; d. Volunteer personnel and personnel appointed to serve without pay; e. Emergency personnel; f. Independent contractors; n. City_ personnel covered by a collective barsmining agreement where the issue is addressed in the agreement: Deleted: and each of its employees, and to give fair and equal employment opportunities to all qualified applicants and employees.1 Deleted: This Deleted: City Deleted: City Deleted: This Deleted: y Deleted: City Deleted: may Deleted: at the sole discretion Deleted: of the CityCity Deleted: . Deleted: City Deleted: , Deleted: which Deleted: that Deleted: City Deleted: may Deleted: or no reason. Deleted: City Deleted: laws, directives and regulations of Federal, State and Local governing bodies or agencies thereofq Lauderdale Personnel Policy and Procedures Page 2 of h. City personnel covered by other employment agreements where the issue is addressed in the agreement: and Any other person specifically exempted by the,City Council. Subdivision 2. Superseded by Law. No provision of this policy is intended to violate, supersede or conflict with any applicable federal law or regulation, state statute or local ordinance. �f there is a conflict or violation the statute. rule, regulation or ordinance shall rule. ,If a court of ---- - --- --- -------- -- ----- ------ - - -- competent jurisdiction declares a part of these policies and procedures null and void, only specific section shall be removed. All other provisions remain in effect. SECTION 6. DEFINITIONS. The following words and phrases will have the meanings given here and will apply throughout this policy and procedures manual. All other words and phrases used in this policy will maintain their generally accepted common meanings. a. ANNIVERSARY DATE —_means the month and date of an employee's initial hiring - —-------- I—— ---------------- ------ or promotion. Deleted: 17 - -- — j { Deleted: 15 -- - - - Deleted: g �! `Deleted: City Deleted: In the event of Deleted: of any such regulation, the offending provision of this policy will be 1 void, but all remaining provisions will i remain in effect. t Deleted: - 1, Deleted: - DESIGNATED PERSONNEL REPRESENTATIVES) F means the �gity_Council,;. = ( Deleted: City member(s) who acct as liaisorL between-the_employees_ and the" Coupcilon Deleted: (s) � personnel matters. For General personnel issues, the designated personnel(Deleted: (s) representative is the City Adininistrator• 't Deleted: City C. DOMESTIC PARTNER - means two adults who are 1) not related by blood closer that permitted by marriage laws of the State: 2) not married or related by marriage-, 3 competent to enter into a contract-, 4),lla ee no other dornestic�,partner: with whom the household is shared, or with whom the adult person has another domestic., partner; 5) jointly responsible to each other for the necessities of life, --------------------------------- ------------------------- ' 6)Are committed to one another to the same extent as married Persons are to each t. other, except for the traditional marital status and solemnities. C. EXEMPT EMPLOYEEj--: are employees_to whom the federal Fair Labor Standards Act does not apply. Generally, administrative, executive and professional employees are exempt employees. d. IMMEDIATE FAMILY - the employee's ,domestic_partner and children. Immediate family also includes: mother,- father, -brother, sister, _grandparent,_ aunt, uncle, -step- parent or legal guardian of either the employee or the employee's domestic partner, e. INDEPENDENT CONTRACTOR/CONSULTANT - persons or firms hired by the .City who determine their own hours of operation or use their own resources in the -- ---------------------------------------- ---------------------------------------------- performance of their duties. Independent contractors and consultants are not City employees. Formatted: Font: Times New l Roman Formatted: Font: Times New Roman, Pattern: Clear J Formatted: Font: Times New Roman Formatted: Font: Times New 1 Roman, Pattern: Clear Formatted: Font: Times New Roman Formatted: Font: Times New Roman, Pattern: Clear Formatted: Font: Times New Roman [Formatted: Font: Times New n, Pattern: Clear Deleted: - Deleted: spouse Deleted: and the following relatives of either the employee or the employee's spouse: 1 Deleted:. Deleted: City Deleted- City Lauderdale Personnel Policy and Procedures Page 3 of- = _ .. Deleted- 17 --- l ------------------------------- ------------------------------------------------- f ---- Deleted: 15 1 I', NON-EXEMPT EMPLOYEE - employees to whom the federal Fair Labor Standards Act applies. g. OVERTIME - time actually worked by non-exempt employees in excess of eight hours per day or forty (40) hours per week. Time worked does not include holidays, vacation time. compensatory time taken or sick leave. h. PART-TIME EMPLOYEE 1) REGULAR PART-TIME EMPLOYEE - an employee retained on a non - temporary basis who works less than forty (40) hours per week on a regular schedule throughout the year. --- -------------------------- — ------------- 2) - NON -REGULAR PART-TIME EMPLOYEE - an employee retained on a temporary basis who works less than forty (40) hours per week on an irregular schedule throughout the year. REGULAR FULL-TIME EMPLOYEE - an employee retained on a non -temporary basis who works forty (40) hours or more per week on a regular schedule throughout the year. j. TEMPORARY OR SEASONAL EMPLOYEE - an employee retained to fill a full- time or part-time position which is of a provisional or seasonal nature. k. TERMINATION - a complete separation of an employeefrom CFity employment. Termination can be voluntary, through resignation or retirement, or involuntary, through discharge by the,City C01.11161. ' SECTION 7. APPOINTMENTS. Subdivision 1. Selection Criteria. Appointments for all -open municipal positions re i;';` made by theme Council_ upon the recommendation of the City Administrator. All appointments; , ----------- t --------------------------- made on the basis of he candidate's knowledge ,. skills, abilities and education related to She .. position being filled Subdivision 2. Examinations. When ,deemed appropriate by the Ci n applicant's ' _-e employment-related qualifications, merit and fitness will be ascertained by written, oral or other examinations, An offer of employment_ alb be conditioned on-- - successful completioli_of a pre---, -- ----------------------------- a_ employment medical and/or psychological examination. Subdivision 3. Employment of Relatives of Municipal Personnel. Whenever possible, the city,will not appointranyperson to a municipal position when he or she -supervises, or is under _,_._... __,_________ -___-_-..--.-.J,_ the supervision�t_ a member of his or her immediate family___________________ ------------------------------------------------------------------------------------------- Deleted: q -q Deleted: City Deleted: City Deleted: will be Deleted: City Deleted: will be Deleted: merit and fitness Deleted: for Deleted: . Deleted: required by law or Deleted: City Deleted: Council to determine Deleted: , including medical or psychological examinations. Deleted: may be Deleted: City Deleted: Council Deleted: avoid Deleted: ing Deleted: in which Deleted: would Deleted: supervise or be supervised by Lauderdale Personnel Policy and Procedures Page 4 of 1§, Deleted: 17 { Deleted: 15 Subdivision 4. Probationary Period. All regular fill -time and regular or non -regular part-time employees aresubject to�erving,a probationary _period. -The probationaryperiod is the period of time the city evaluates the employee's ability to accomplish the essential job duties of the position lie or she was hired to complete. It is also the time an employee evaluates the city to see it employment with the City fits his or her expectations. The probationary period shall be six(6) months. The city can terminate the employee at any time with or without cause. during this time and such termination is not subject to grievance or appeal. ------- ---- r---------- -- -------- ------- serious issues present, the Administrator shall inform the employee at that time and indicate that,'`,, failure to improve perforniauce may result in an extended probationary period of termination. The '?,,','•, Administrator shall develop a work plan for the employee to follow in these cases. SECTION 8. WORK HOURS. Subdivision 1. Work Schedules. The normal hours of work for all employees will be established by the C,, ity_ Council. Alternate ��ork sche les are to be worked out 4uth the City Administrator and approved by the City Council. C, its )Cem t employees -are required to work all hours necessary to perform their duties. f Subdivision 2. Part-time and Temporary Employees' Work Schedules. The City shall provide temporary, seasonal and non -regular part-time employees with an advance approximation of hours to be worked during the upcoming year at the time of hiring whenever possible. This + approximation is not a guarantee of those hours but rather a guideline subject to change at the C�itv's discretion. Subdivision 3. Rest Breaks. An employee is entitled to take one fifteen (15) minute rest break during each consecutive four (4) hour period of work„ _Rest breaks should be scheduled to avoid disruptinggj_�X business. Subdivision 4. Meal Breaks. Each emplovee is provided a thirty (30) minute meal break. An emplo ewe may combine rest breaks with the meal break to extend the,piealtime. The meal break is unpaid time. Subdivision 5. Flexible Scheduling. Upon discussion with and a, `eement with the City Administrator and upon approval of the city council, an employee may have his or her schedule rearranged to meet family or other obligations under the following conditions: a. The schedule does not result in the employee working overtime hours; and b. The employees' ability to complete his or her essential functions are not hindered nor the quality of the work diminished; and c. The schedule does not impair the overall function or service level of the city. and Deleted: appointments Deleted: will be Deleted: the Deleted: of Deleted: This Deleted: will be regarded as an integral part of the initial selection and examination process and will be used to observe the employee's work, secure the most effective adjustment of the employee to his or her position and reject any employee whose performance does not meet the required work performance slandards.t Deleted: The probationary period for all regular full-time and regular or non - regular part-time City Deleted: City employees will be six (6) months from the date of employment. A probationary new employee may be discharged Cit it 6 b Y the YC Y Deleted: Council from his or her position at any time during the probationary period for any reason.1 I Deleted: An interview will be conducted with the probational employee before the probationary period expires. The City Deleted: City Council will also be given a report by the employees supervisor or other designated person regarding whether the employee s performance has been satisfactory and whether the employee should be retained in the appointed position. At the- �1� Deleted: Council's decision is final and will be provided to the emplo= Deleted: City Deleted: with specific work schedules subject to the City Deleted: Council's approval. Deleted: Department heads and supervisory Deleted: City Deleted: City Deleted: with the permission of the employee's inunediate supervisor. `Deleted: City Deleted: meal time { Formatted: Bullets and Lauderdale Personnel Policy and Procedures Page 5 of 1 ---� g — — — — -- Deleted:l7 — — — — — -------- Deleted: 15 1 d. If the administrator detennines there are performance issues. he or she may recommend the council enninate the flexible schedule. Deleted: temtiniate SECTION 9. BENEFITS. Subdivision 1. Eligibility. Only regular full-time and regular part-time employees are eligible for benefits. Non -regular part-time employees, temporary and seasonal employees, and independent contractors and consultants are not eligible for benefits provided by the City. .. Deleted: City j Subdivision 2. Amount of Benefits. Regular full-time employees are eligible for full benefits. Regular part-time employees are eligible for holiday, vacation and sick leave benefits in proportion to the hours they work per week rated on the following scale: Under 20 hours per week 20 to under 30 hours per week 30 to under 40 hours per week 40 or more hours per week Holidays & Sick leave at 1/4 benefits 1/2 benefits 3/4 benefits Full benefits Subdivision 3. Holidays. The following days are observed paid holidays: New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day The day following Thanksgiving Day Christmas Eve Day Christmas Day Personal Day - January 1 - 3rd Monday in January - 3rd Monday in February - Last Monday in May - July 4 - 1 st Monday in September - November 11 - 4th Thursday in November - 4th Friday in November - December 24 - December 25 - Employee Choice Employees shall receive one (1) personal holiday per year. The date of such personal holiday shall be approved by the employee's supervisor or designated personnel representative. Personal holidays shall be taken during the calendar year earned. Whenever one of the above holidays falls on a Saturday, the preceding day will be observed as a holiday. Whenever one of the above holidays falls on a Sunday, the following day will be observed as a holiday. _- - Deleted: also Lauderdale Personnel Policy and Procedures Page 6 of -- - Deleted: Subdivision 4. Vacation. Vacation may be used fter the robahona eriod 's i Deleted: is Y {� ___-- h _ _ rY 1). .---- Deleted: earned -- -- satisfactorily completed. Vacation is earned each pay period and computed based on the employee's anniversary date. Deleted: has been a. ,Accumulation. Vacation for regular full-time employees is accumulated as shown,- :_,- { Deleted: ------ -------- ------ ------ based on the number of years of employment with the c itv: - --- ---- _ Formatted: Bullets and Numbering J Deleted: City Years of Service Hoursper- pay period Days per year Nlaxinuun hours Niaxinnuu Days 0 — S--t—als l lours It) 160 hours 20 Days 6 -- 10 pears 4.62 hours15 240 hours 30 days _ Deleted: 0 through 5 years of - �--------------------------------- - -- -- ------ ,Emplovees with more than ten (10) years of service with the ct_will accrue aiia(iditional _3_I 1)our_s service.. lOdays per yearV 9 per pay period for each year of service up to twenty (20) years. The maximum accrual for those ..6 through to years of service. _ 15 with more than ten (10) years of service is 320 howl or forty (40) days. days per yearl 9 .. After 10 years of service. One Employees may carry over twice their annual vacation-eaming fate. Any unused vacation time In additional day per year not to exceed 20 days per year excess of this amount will be forfeited unless other provisions are made by the City Council. Deleted: g Regular full-time employees must use at least five (5) (lays of vacation time during, each year of City employment. The word "day" implies a nominal eight-hour shift. b. Requests. Vacation time must be requested at least _ven four 2 hours in ---- ------- ------ ----- --,� ---�'_ ----- —------- ---- advance. Vacation requests must be approved by the employee's supervisor or the; designated personnel representative and may be denied in the event of an emergency or if taking a vacation at that time would impair the City's ability to carry out its t'•, — -- — business. C. Legal Holidays during Vacation. Whenever a legal holiday falls on a working day during an employee's vacation, that holiday will not be counted as a vacation day. d. Terminal Leave. Any employee leaving the Municipal service in good standing shall be compensated for vacation leave accrued and unused to the date of separation. Subdivision 5. Sick Leave. Sick leave j�a_be_used -as- -earned-Upon- ppointment_to-- -C- employment- a. Accrual. Sick leave will -Accrue c_rue for all regular full-time e_ mployees at the rate, one (1) day per calendar month (3.69 hours per pay period) and trccrues to a maximum of ninety (90) days or 720 hours. b. Use of Sick Leave. Sick leave may be used when: (1) the employee cannot work because of illness, injury or disability of themselves or their immediate family, (2) for medical, dental, or optical examinations or treatment of the employee or a employee's immediate family, or (J (3) to care for a member of the employee's immediate family who is incapacitated due to injury or illness. An employee must request sick leave from his or her immediate supervisor before the start of the Deleted: q .. Employees may carry over twice their annual vacation-eaming rate. Any unused vacation time in excess of this amount will be forfeited unless other provisions are made by the City Deleted: City Council. Regular full- time employees must use at least five (5) days of vacation time during each year of Citycity Deleted: employment. The word "day" implies a nominal eight-hour shift. 9 E Deleted: 9 1 9 J Deleted: forty-eight Deleted:8 Deleted: City Deleted: may Deleted: City Deleted: Deleted: y employment9 Deleted: be accrued Deleted: maybe accrued Deleted: and Deleted:. Lauderdale Personnel Policy and Procedures Page 7 of 1 employee's workday on each day sick leave is used. An employee may be requested to file a physician's statement, signed by the physician and the employee, indicating the nature of his or her illness. Upon separation of employment from the CF 'ity, for any reason other than discharge . for just cause, the employee or their designated beneficiary shall be paid one-half (1/2) of all unused accumulated sick leave, provided that the employee has ten (10) continuous years of service with the City at the time of separation.-_-___ -- ---------------------------- ---------------------------------------------------------- Subdivision 6. Jury or Witness Duty. Any regular full-time or regular part-time employee who is required to serve as a juror or as a witness in court regarding C ity business shall be granted leave with pay while serving in such capag�.__ Upon_completion_of jury_duty, the employee shall reimburse theQi _ for the_amount of jury duty_pay,_ less the amount received for `,'• traveling expenses. Subdivision 7. Leave of Absence without Pay. Upon request, a leave of absence without pay may be granted by the City Council for a_ period of up to ninety (90) days_ No benefits will accrue or be paid out during a period of a leave of absence without pay. Accrued vacation time may be paid out upon request of the employee. This is with the understanding that the vacation is paid out according to the regular pay schedule over regular pay periods, which is the same scenario used to pay for all vacation days earned by the employees. An employee may elect to continue insurance benefits coverage during a leave of absence at the employee's expense. When special circumstances exist, the,City_Council inupon request, extend a leave of absence. {Deleted: City Deleted:l7 -- { Deleted: 15 --- - —�' Deleted: An employee may use available sick leave to attend to his or her sick minor child for as long as is reasonably necessary. Up to three (3) days of sick leave per year may be used to attend to any other member of the employee's immediate family who is ill. Deleted: City { Deleted: City Deleted: . c.. Use for Funerals. An employee may use up to (3) three days of sick leave as fimeral leave. Funeral leave must be taken on consecutive working days, one of which is the day of death or the day of the funeral. Any deviations from this policy will be at the CityCity Council's discretion. Deleted: 9 9 Deleted: City l Deleted: city Deleted: City Deleted: City Subdivision 8. Parental Leave. An employee who works twenty (20) or more hours per week and has been employed with the C� it _-for more_ than _one_(1) year is entitled- to -take an unpaid ._ {Deleted: City leave of absence in connection with the birth or adoption of a child or family medical problem. The length of parental leave is up to the parent, but it cannot last longer six (6) weeks or begin more than six (6) weeks after the birth or adoption of the child. If the child must remain in the hospital longer than the mother, the leave may not begin more than six (6) weeks after the child leaves the hospital. The employee is entitled to return to work at the same position and at the same rate of pay he or she was receiving before the leave began. Group insurance coverage paid for by the Cites will Deleted: city remain in effect for all eligible employees throughout the six week parental leave. The employee will have the option to continue coverage at his or her own expense if the parental leave extends beyond six weeks. Requests for parental leave must be made in writing to the �_.it , _ Administrator or designated { Deleted: city personnel representative at least two (2) months before the requested leave's starting date. Subdivision 9. School Conference and Activities Leave. An employee who works twenty (20) hours or more per week and has been employed with the,Ci for more than one (1) Deleted: city I year is entitled to take up to sixteen (16) hours during any school year to attend school conferences or classroom activities related to the employee's minor child as long as these activities were planned Lauderdale Personnel Policy and Procedures Page 8 of A Deleted: 17 - --- ------ ------------ ---------------------------- - --- i Deleted: 15 in advance and could not be scheduled during non -work hours. The employee must request school leave at least t�%enty-four__Q hours in_ advance from his or her supervisor or the designated Deleted: forty-eight _ personnel representative. A reasonable effort should be made to schedule the leave to avoid Deleted: as disrupting Citybusiness. - - Any leave taken under this section will be unpaid. An employee may --_---{ Deleted: City ---- --- ---------- substitute paid vacation time for unpaid school leave according to the provisions of the,Citys _--__-Deleted: city vacation policy. Deleted: q -------------------- - Subdivision 10. Military Leave. Every employee to whom Minnesota Statutes Section 192.26 or 192.261 or U.S.C.A., Title 38, Section 2021 applies is entitled to the benefits afforded those sections to the subject conditions therein prescribed. Subdivison 11. Funeral Leave. An emolovee receives three (3) days paid leave to attend to the funeral of a member of the employee's immediate family. Funeral leave must be taken on consecutive working days, one of which is the day of death or the day of the funeral. If extended time is necessary, such time may be granted by the City Administrator upon approval of the City Council and will be taken as sick, vacation, unpaid or a combination thereof. Subdivision J ,2. Insurance. All regular full- and part-time employees gre eli6ble for .-." Deleted: 11 - - ,povera;e_by a group health, dental, life and disability insurance plan as approved, from time to time, ( Deleted: may by the Qa_Councjl. A_portion of the monthly premium costs of such_insuranceplan js paid by the Deleted: be covered city as�stablishe y the C�iLy Council. T e employee shall pay the balance of the premium costs, Deleted: City with the exceptioof life insurance. The, roe ides Covera e or the em to ee a ual to lx Sala ___ p q -_ __ ry is , Deleted: may be paid by the with a $50,000 annual maximum. The employer shall pay each employee not enrolled in the Municipality, employer's health insurance program a set monthly amount, such portion to be established, from Deleted: such portion to be time to time, by the City Council, into a deferred compensation fund. In order to qualify, employees ,,`., Deleted: , from tame to time, -------------------- - - must provide proof of insurance. The deferred compensation contribution will end if the employee Deleted: city rejoins the employer's health insurance plan. If the city provides an authorized Health Savings Deleted: provided Account plan, any excess in the city contribution and the premium shall be placed in the employee's HSA account as provided in plan documents. Deleted: city Deleted: . Subdivision 13._ _ Retired Employees. _Retired Chit employees may continue to participate "-""- Deleted: 12 --- - ---- in the C' :jty's health insurance program, at the_ prevailing appropriate group rate, at the retiree's (Deleted: City expense, if offered by the insurance company. Deleted: city SECTION 10. COMPENSATION. Subdivision 1. Rates of Pay. All pay rates ae. set by the _City Council.Deleted: will be --------------------- Deleted: City Subdivision 2. Overtime Pay. All non-exempt employees are eligible for overtime pay. Overtime paid at a rate of one and one half times the regular hourly rate or each hour actual Deleted, will be - --- ----------------------------------------g ---------------- y Deleted: ofpay Lauderdale Personnel Policy and Procedures Page 9 of jA worked exceeding, eight hours in a day orforty (40) hours in a work week. Overtime work must — -- -- ------- ----- -------------------- ---- have prior approval by ,the _employee's__immediate supervisor or the --designated-- personnel representative except in the case of emergencies. --------------- — -- —-- ------- --------- - - ---- --------------- -- -------------------- ---------------------------- Subdivision 3. Compensatory Time Off. Compensatory time off ;�_available --t - o pop - Cily ,exempt employees at the 's option as an alternative to overtime pay. If available, non-exempt employees are eligible for compensatory time off at the rate of one and one-half hours for each hour worked in excess of forty (40) hours per week. • No compensatory time off is available unless the employee has received approval from his or her supervisor or the designated personnel representative(s) before the work is perfonned, Accrued compensatory time must be used within one niontli of accrual. Upon approval of the Adnnmstrator, conipensatory time can be cal•ned beyond the month when use of the time is not possible Naithin the month An eniplovee cannot l carry more than 40 hours of conipensatory time. Exenipt employees may earn compensatory time on all hour for hour basis and Such time must be used within one month of accrual. It is understood that the earning of compensatory time does not affect or change the employee's status with regard to the Federal Fair Labor Standards Act Accumulated compensatory time for exempt employees will not be paid out under any circumstance Compensatory time will only accrue when authorized by the employee's supervisor, -� Deleted: 17 { Deleted: 15 Deleted: over Deleted: given Deleted: an Deleted: All paid leave time shall be considered time worked for the purpose of computing overtime.1 Deleted: may be Deleted: City Deleted' Compensatory time offmust be used within two (2) weeks of the date or dates on which it is accrued unless permission is received from the designated personnel representative(s) to use it on a later date. Deleted:. Deleted: ann., —� Deleted: Subdivision 4. Pay Days. Employees shall be paid biweekly on alternate Fridays. In the event that either day falls on a hgliday, _paychecks will be distributed on the day preceding the Deleted: weekend or ------------------- ---- — ,holiday.__ Deleted: weekend or------------------------------------------------------------------------------- ) •----------------------------------- --------------------------------- ---- ----------------------- Subdivision 5. Attendance at City Meetings. Non-exempt employees required by the ----------------- itv Administrator or City -Coundl to attend City meetings -at a- time- when they- are- not otherwise scheduled to work will be paid their regular hourly wage for each hour spent at the meeting, _The - employee may select to accrue compensatory time for attending* meetings at the request of the Administrator or Council. City rime spent b employees at Cit Council meetings that is not at the • Y — ---------------- ---- -------- City Council's request will not be compensated. Subdivision 6. Call Back. An employee called in for work at a time other than the employees normal scheduled shift will be compensated for a minimum of two (2) hour's compensation at the overtime rate if the total hours worked during the day exceeds (8) eight hours or the hours during the week exceeds (40) forty hours. SECTION 11. PERFORMANCE EVALUATION. Deleted: I Deleted: City Deleted: who are Deleted: City Deleted: City Deleted: at the City Council's request. Deleted: These employees will also receive a credit for their attendance at the meetings to be applied toward the employee's vacation and sick leave accrual for the month. The amount of the credit will be determined by the City Deleted: Council. T Deleted: City Deleted: City performance evaluation will be completed annually for each regular full-time and regular part- - - Deleted: Theren,aybea 7 time employee. The evaluation will include a review of the employee's principal responsibilities, an Lauderdale Personnel Policy and Procedures Page 10 of 1�.............. _ Deleted: 17 ------------------------------ -------- ---------------- ----- ---------------- -- Deleted: 15 — - -1 appraisal of the employee's job performance, a discussion of problem areas, if any, and a plan of action to set objectives for performance and to assist in alleviating any problem areas. SECTION 12. DISCIPLINARY ACTION. Employees may be subject to disciplinary action for failing to fulfill their duties and responsibilities as City employees. Discipline could consist of an oral reprimand, a written reprimand, suspension, - Deleted: City demotion or involuntary termination depending on the circumstances and severity of the situation. SECTION 13. GRIEVANCES. Subdivision 1. General. An employee who believes he or she has a grievance about an employment-related issue may submit the grievance to the ECity.___The decision to invoke - the _ (Deleted:City grievance procedure is voluntary. It is up to the employee to initiate the procedure. Subdivision 2. Procedure. If an employee chooses to submit a grievance to the C, ity, the ..- Deleted: City ,I following procedure should be used: a. Oral report. The employee should discuss the grievance with his or her supervisor or the designated personnel representative within five (5) working days of the incident. b. Written report. If the employee is not satisfied with the results of the oral report, he or she may submit a written summary of the grievance to the designated personnel representative. The written report should be submitted within five (5) working days of the employee's receipt of the response to his or her oral report and should include the date the employee made the oral report. A written response to the employee's written report will be issued as soon as possible. C. Hearing. If the grievance is not resolved by oral or written report, the employee has five (5) working days from the date he or she received the written response to the written report to request a hearing. To request a hearing, the employee must submit a written summary of the grievance, including the dates of the oral and written reports, to the City Council. A hearing_will_then be scheduled on_a mutually convenient date_ _____________________ ___ Deleted: City d. Decision. The employee will receive the City Council's decision in writing -._-- Deleted: City as soon as possible after the hearing. The . Council's decision will be final. Deleted: city SECTION 14. TERMINATION OF EMPLOYMENT. Lauderdale Personnel Policy and Procedures Page�11 of 1 — --� FDeleted:l7 � — _ -- — -- � Subdivision 1. Resignation. Any employee who voluntarily leaves_ Deleted: 15 employment must ---- Deleted give at least fourteen (14) days written notice of resignation. Upon leaving ment: City C"_ity employment, an - employee in good standing will be compensated for all accrued vacation and compensat me. Deleted: city —_ 1 An employee is in good standing if he or she gives adequate written notice of resignation and is not Deleted: under suspension or notice of involuntary termination at the time notice js given. ---------------------------- Failure __-- Failure to give adequate written notice may be considered cause for denying the employee future City employment_and termination benefits. Unauthorized absences from work for aperiod of_-..-- -{Deleted: City l three (3) or more working days may be considered a resignation without notice. Subdivision 2. Involuntary Termination. An employee may be involuntarily terminated for any reason not prohibited by law or for just cause at the will of the C" itY Council. The C, ity _- Deleted:noreaso„ Council, at its discretion, may give the employee fourteen (14) days written notice of termination or Deleted: City the financial equivalent thereof Deleted: City Subdivision 3. Lav -offs. The City Council may lay-oany employee whenever such -.- Deleted: City j t— - -- action becomes necessary in the Qty Council's -Ju dgment,-including_shortage of work funds, -the --------- Deleted: city abolition of a position, or changes in organization; provided, however, that fourteen (14) days written notice be given if practicable. No regular or probationary employee shall be laid off while there is a temporary employee serving in the same class of position or for which the regular or probationary employee is qualified, eligible and available. Any regular employee, upon receiving a lay-off notice, may request to be reduced to a lower paid position within the same department if the lower paid position is vacant and the employee held the position previously. The request to be reduced must be submitted in writing within seven (7) calendar days of receipt of the notification of lay-off. SECTION 15. TRAM EL AND RELATED EXPENSES Deleted: MISCELLANEOUS REGULATIONS. .. Subdivision 1. Travel mployees'Cit ire reimbursed for ravel ex _enses when traveling - - Deleted: Expenses. ---- --1 ---- p — on city business. Acceptable and related expenses are listed below t Deleted: traveling on City 1. Transportation. Employees who travel to in-state training meetings or conferences are' Deleted: business will be reimbursed actual miles traveled at the federal IRS mileat*e rate when using their own Deleted: reasonable work-related vehicle. Employees traveling to traini eetings or conferences out of state are to seek `Deleted: The employee must complete the lowest direct cost to the destinatlon�–lf Ot�state the employee will be reimbursed for and submit the appropriate claim form rental car, shuttle or taxi fare to and from the airport. within two (2) weeks ofhis or her return, along with corresponding receipts, for 2 Meals. Employees who attend meetings training or conferences away from their normal reimbursement of those expenses. work area and are required to purchase a meal while at the session shall be reimbursed ',,l Deleted: y actual expenses for meals on the following schedule not to exceed a daily amount of Formatted: Bullets and Numbering $36.00: a) Breakfast $6.00 b) Lunch $10.00 -- Formatted: Bullets and Numbering Lauderdale Personnel Policy and Procedures Page 12 of c) Dinner $20.00 The reimbursement includes a 201ro gratuity and does not include alcoholic beverages. 3. Telephone Calls An employee on an overnight stay will be reimbursed for telephone calls - made to family and/or work. 4Travel with a domestic partner or family. An employee can take his/her domestic partner and/or t<unily on a business tri and can extend the time of the tri usin , accrued vacation. Ttre(.ity will only reimburse expenses actually incurred by the employee. The employee must pay the difference if any in the cost of the lodging. 5. Requesting Reimbursement The employee must submit an expense claim form for all the expenses incurred while on the trip. The expense claim form must include actual receipts for purchases or, if payment by credit card a copy, of the monthly statement with the expenses highlighted The completed expense reimbursement form and receipts are t r red in to the City Administrator for verification and authorization of expense reimbursement. SECTION 16. TECHNOLOGY AND COMMUNICATIONS. Deleted: 17 { Deleted: 15 { Formatted: Bullets and Numbering ,i _Subdiv_ision l Purpose The City Council understands technology advances at a considerable Formatted: Font: (Default)Times New Roman rate and there are new ways to communicate with staffcitizens and others as well as new, more efficient ways for staff to accomplish tasks and provide services to the citizens. Such tools include e-mail Internet, far computers (both desktop and portable.) telephones, mail, cellular telephones, etc. It is the desire of the Council to support and encourages the use of advanced technolog<vby staff to enhance service delivery and access to information that assists staff in completing their tasks. The Council also understands that some personal use of these tools by staff is necessary, but all personal use is to be kept as brief as possible and not be disruptive during work time Subdivision 2. Computer Use. The City of Lauderdale contracts for computer services, e-mail, Internet and Support through the Metro I -Net a multi jurisdictional network consisting of cities, school districts and the North Suburban Cable Commission. The network is administered and hosted by the City of Roseville. The Citv provides each emnlovee a commuter complete with software programs including word processing spreadsheet data base financial e-mail internet access, etc. Employees are to use the computer and related software to further the objectives and mission of the City of Lauderdale. Personal data and information should be kept to a minimum; and if stored on the system, should be in a folder labeled "personal". 1 E-mail E-mail is a service provided to staff to enhance the communication and ------' i Formatted: Bullets and Numbering collection of information from others in an efficient and rapid manner. Employ may send and receive personal e-mail using their business address as long as the messages do not become disruptive and they are not sexually oriented offensive or inappropriate An example of such e-mail are the chain e-mails jokes of an off color IN Lauderdale Personnel Policy and Procedures Page 13 of n nature, etc. To protect the integrity of the I -Net network employees are to use reasonable judgment in providing their business e-mail address when utilizing Internet related services. 2. Internet. The Internet is an extremely useful tool for research and information gathering. Further, more businesses and agencies the City does business with are requiring; the Citv to conduct business over the Internet However. the Council is also aware there are several potential problems that can arise from staff use of the Internet such as staff using; the Internet to collect and view materials that are generally considered offensive and inappropriate in the work place staff downloading materials and documents that may contain a virus etc. Staff may use the Internet connection for personal activities as long as it is not disruptive to their work disruptive to the office environment and is not used to view download or otherwise access adult oriented or illegal material. Subdivision 3. Telephones The City of Lauderdale contracts for telephone service through the City of Roseville and is part of a multi -city network on the same telephone system Staff lnay make and receive personal calls on their telephone but all calls of a personal nature are to be kept as brief as possible and are not to become disruptive to the office or the employee and are not to be so frequent as to inhibit the employee fi•om executing their duties and responsibilities Employees who make long distance calls will reimburse theCty for the cost of the call Subdivision 4. Facsimile. The City utilizes a fax machine to send and receive documents to . other jurisdictions and vendors Employees may Send personal fates during non' -work hours only. Employees can receive personal faxes and there wi II not be a charge assessed Deleted: t7 1 { Deleted: 15 Formatted: Bullets and Numbering i Subdivision 5. Copier. Staff may use the copier for reproductions of personal documents as D- Deleted: as it is done during lion work hours Deleted: Subdivision 2. Vehicle expenses. Employees authorized to use ---------------------------- %,• their personal vehicles on City SECTION 17. MISCELLANEOUS POLICIES. Deleted: City business will be reimbursed for vehicle expenses at rates Subdivision 1. Political Activity ,City employees are specifically prohibited from set under federal guidelines or by the engaging in the political activities listed below: ------, Citycity Deleted: Council by separate contract. 9 a. Campaigning for a candidate or issue during working hours or while onC,yit Deleted: a business. Deleted: City b. Attempting to influence a campaign by specifically alluding to the employee's position with the Chit ____-___---- c. Participating in a campaign where such participation could cause a conflict of interest with the employee's job duties. �---------------------------- -- Deleted: City Deleted: City Deleted: No City employee may hold any other office or employment in city, county, state or federal government, or any division thereof, or in the private sector, where the office or employment interferes with the impartial discharge of duties or where it results in giving the employee legislative or elective authority over the City officials or City affairs.1 Lauderdale Personnel Policy and Procedures Page 14 of 1k Subdivision Employee Records. Employees must inform the City of any change in " ------ --- --- .. — their current address, telephone number or emergency contact information as soon as possible after the change becomes effective. Subdivision Gratuities. City employees and officials may not accept gratuities or ,_-- --- - presents of any kind from contractors, Ctty residents, or anyone who_has business contacts with the City. If a gratuity or present arrives by means other than personal delivery, the item should be turned over to the FC Council, _- _ -_ ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------- -- SECTION 18. CRIMINAL HISTORY BACKGROUND CHECK. ----- Deleted: l7 Deleted: 15 --- -------1 Deleted: a { Deleted- City ( Deleted: 5 Deleted: City �) Deleted: City { Deleted: City Deleted: City 1 Deleted:. Deleted: y ) { Deleted: Subdivision 6. Property. Employees may use City property only for work-related purposes. Deleted: 15 ) The Police Department is authorized to conduct a criminal history background investigation on applicants for positions with the Ci as provided by this section. This section applies only to - - { Deleted: City applicants who are finalists for paid or volunteer positions with the g ity, where the_ -City .._-- { Deleted: CityAdministrator has determined that conviction of a crime may relate directly to the position sought. ---(Deleted: City The Police Department may not perform a background investigation unless the applicant consents _ in writing to the investigation and to the release of the investigation information to the , ity --.--(Deleted-. city Administrator or other" Staff as maybe appropriate. _An applicant's failure to provide_ consent - {Deleted: City ) may disqualify the applicant for the position sought. If the C, 'ity Administrator rejects the Deleted: City ----_ ,ppplicant's application due solely or in part to the applicant's prior conviction of a crime, subject to Deleted: applicants ) the exception set forth in Minnesota Statutes, section 364, the CAdministrator must notify the _- {Deleted: city --- ---- ------ - applicant in writing of the following: a) The grounds and reasons for the rejection; b) The applicable complaint and grievance procedure set forth in Minnesota Statutes Section 364; c) The earliest date the applicant may reapply for employment; and d) That all competent evidence of rehabilitation will be considered upon reapplic------------------- Deleted: tion. {Deleted: c ------------- -------------- ------------ Deleted:. Evidence of rehabilitation will be considered upon reapplication SECTION 9. SEXUAL HARASSMENT POLICY. - Deleted: 16 Subdivision 1. Applicability. This sexual harassment policy applies to all officials and employees of the C* itv_of Lauderdale, including regular_full-time and regular _part-time employees, -_- Deleted: City elected and appointed officials, temporary, seasonal and non -regular employees, employees covered or exempted from personnel rules or regulations, and independent contractors and consultants. Subdivision 2. General. Sexual harassment is a form of sex discrimination prohibited by state and federal law. Employees have the right to a workplace free of sexual harassment. Lauderdale Personnel Policy and Procedures — Page 15 of 1� ----------------------------------------------------- {Deleted: 17 _ ------------------= { Deleted: 15 The Ci—ty will not tolerate sexual harassment of its employees by anyone -supervisors, other Deleted: city F------------- ------------------------------------------ employees, officials or citizens. Persons harassing others will be promptly and firmly disciplined. All personnel must become familiar with this policy and comply with it. , Subdivision 3. Definition. Sexual harassment includes, but is not limited to, unwelcome _ - Deleted: y --------- ---- --------------------- 9 sexual advances, requests for sexual favors, sexually motivated physical contact, or communication of a sexual nature when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment or public service; b. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions such as promotion, assignment, demotion, discipline, or discharge; C. Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile, or offensive working environment. Subdivision 4. Examples. Behavior that could be considered sexual harassment may include: a. Verbal harassment (e.g., sexually -oriented comments, sexually -oriented innuendoes or sexually -oriented derogatory remarks); b. Physical harassment (e.g., unwelcome touching, gestures, assault, impeding one's movement or other physical contact that an employee finds offensive); C. Visual forms of harassment (e.g., sexually derogatory posters, letters, poems, graffiti, cartoons. use of the Internet or drawings); or d. Requests for sexual favors or unwelcome sexual advances. Subdivision 5. ReportinD Procedure. Employees who believe they have experienced sexual harassment or who know of conduct they believe might constitute sexual harassment toward an employee, are required to report it to their supervisor, the designated personnel representative(s), the Mayor, or the C.?! Attorney.___The ,City_official_who receives the reportshould inform the - - Deleted: city designated personnel representative(s), the Mayor or the C� 4y_ Attorney_ in_ confidence -as _soon as Deleted: city possible. If any FCity employee,_ official,_or_the =City_Attomey_directly receives -an -oral- or -written Deleted: city complaint from an alleged victim of sexual harassment, he or she must immediately forward the Deleted: city complaint to the designated personnel representative(s), the Mayor or the C, ,ity Attorney, or direct Deleted: city the alleged victim to report the incident. Failure to forward a report of alleged sexual harassment to Deleted: cit, Lauderdale Personnel Policy and Procedures _ Page 16 of -Deleted:-17 _ Deletea: is the appropriate person(s) could result in disciplinary action against the person(s) who neglected to make the report. _ Subdivision -6._ Investigation and Recommendation. Upon_receiving_any_reportalleging_,,.---- Deleted: 1d sexual harassment, the designated personnel representative or other appropriate official will J conduct an investigation. To the extent possible, the allegations and investigation will be kept confidential. An alleged victim may have a staff person of the same gender present during all contacts with the designated personnel representative. The alleged victim and any witnesses may be asked to put their reports in writing. If the facts are found to support the allegations, the harasser will be subject to disciplinary action up to and possibly including immediate termination depending on the circumstances and severity of the harassment. The designated personnel representative may report on the investigation and its results to the City Council. The -City will keep a complete record of the nature of the -.,.- Deleted: City —� _ ---- -------- -- _- ----------------------- ---- complaint, its investigation and its resolution. {Deleted: City Pending completion of the investigation, the designated personnel representative may take any appropriate action necessary to protect the alleged victim, other employees, or citizens. Anyone who makes a false complaint of sexual harassment or anyone who gives false information during a sexual harassment investigation could also be subject to disciplinary action up to and possibly including immediate termination. The ,City may also discipline any individual who retaliates_ against a person who testifies, { Deleted: city I assists or participates in any manner in a sexual harassment investigation. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. SECTIONS. _EFFECTIVE_DATE. Deleted: 17 The effective date of these personnel policies is May 9, 2000, These personnel policies_ supersede - Deleted: February l0, 2004 all prior" personnel policies between the City and its employees. With respect to employees ,._.. { Deleted: City whose positions are included in a collective bargaining unit, provisions of the applicable collective `� --t Deleted: City bargaining agreements negotiated pursuant to the Public Employment Labor Relations Act (MS 179A.01 -179A.25), supersede these rules and regulations on any subject area covered by both the collective bargaining agreement and these rules and regulations. Page 4: [1] Deleted Jim Bownik 2/23/2006 9:45:00 AM City Council will also be given a report by the employee's supervisor or other designated person regarding whether the employee's performance has been satisfactory and whether the employee should -be -retained in the appointed position. At the end of the probationary period, the CityCity council --will d 'grate the employee for regular employment or discharge the-emplo�%ee. The CityCity C uncil may also extend the probationary period at its discretion. The CitvCity Page 4: [2] Deleted--- ---�` brian.bakken-heck 2/1/2006 4:03:00 PM Council's decision is final and will be provided to the employee in writing. LAUDERDALE COUNCIL ACTION FORM ACTION REQUESTED Announcement MEETING DATE May_ 9, 2006 Consent Public Hearing ITEM NUMBER Set Date for Day in the Park Discussion STAFF INITIAL JB Action Resolution APPROVED BY ADMINISTRATOR Work session am DESCRIPTION OF ISSUE AND�gAST COUNCIL O Day in the Park will not be on July 15th as appeared -in -a recent Friday Report. The Park & Community Involvement Committee had originally decided on that day, but has since changed their minds due to the schedules of some involved. The committee has picked two dates that work for them and are asking the council to discuss it and decide which day they would like to hold the event. The two dates are Saturday, July 29th and Saturday, August 19th. A large group has the park reserved for July 29th, so that date would be a problem. Here are the dates for other events in the area: Minneapolis Aquatennial Fri July 14 to Mon July 23 Falcon Hts Ice Cream Social Thurs July 27 6-8 pm (Their website says: Come out and beat the heat with some cold treats, fun games, activies and music! Slice of Shoreview Sat July 29 State Fair Thurs Aug 24 to Labor Day Mon Sep 4. Thus, the August 19 date would not conflict with these other events. OPTIONS: STAFF RECOMMENDATION: Set the date for the 2006 Day in the Park event for Satur- day, August 19th. If this date works well this year, consider always having Day in the Park on the third Saturday in August. This will save a lot of time and energy in deciding on a date every year, and may improve attendance because residents will always know when it will be. COUNCIL ACTION: CHAPTER 3 RENTAL HOUSING LICENSE PROVISIONS SECTION 9-3-1 APPLICABILITY; SCOPE 9-3-2 DEFINITIONS 9-3-3 ENFORCEMENT OFFICER 9-3-4 RESPONSIBILITY OF OWNER (LANDLORD) 9-3-5 RESPONSIBILITY OF OCCUPANT (RENTER) 9-3-6 GENERAL PROVISIONS 9-3-7-1 TIER ONE LICENSE 9-3-7-2 CONDITIONS OF TIER ONE LICENSE 9-3-7-3 TIER TWO LICENSE 9-3-7-4 CONDITIONS OF TIER TWO LICENSE 9-3-7-5 CONDUCT ON LICENSED PREMISIS 9-3-7-6 MINIMUM RENTAL DWELING UNIT STANDARDS 9-3-7-7 TIER TWO LICENSE INSPECTIONS 9-3-8 COMPLIANCE ORDER 9-3-9 MISDEMEANOR 9-3-10 LICENSE SANCTIONS HEARING 9-3-1 APPLICABILITY; SCOPE Every portion of a building or premises used or intended to be used for residential rental purposes shall comply with the provisions of this Chapter and the requirements contained in the International Property Maintenance Code, which is adopted by reference in its entirety,.regardless of when the rental building or unit was constructed, altered or repaired. The requirements of this Chapter are also applicable to any accessory structures located on the rental property such as garages and storage buildings and appurtenances such as sidewalks and retaining walls on the property. This Chapter shall not be applicable to on -campus college or university housing units, Minnesota Department of Health licensed rest homes, convalescent care facilities, licensed group homes, nursing homes, hotels, motels or where the homeowner resides in the home with a roommate whether or not rent is paid by the other occupant. - 1 - 9-3-2 DEFINITIONS 9-3-3 ENFORCEMENT OFFICER The City Building Official or other designated agent authorized by the City Council is hereby authorized and directed to enforce all provisions of this Chapter, subject to review by the City Council. For such purposes, he or she shall have the powers of a law enforcement officer. 9-3-4 RESPONSIBILITY OF OWNER (LANDLORD) A. Every owner of a rental dwelling unit shall remain responsible for violations of duties and obligations imposed by this Chapter even if the duty or obligation is also imposed on the.occupant(s) of the rental dwelling unit, or even if the owner, by agreement, has imposed on the occupant(s) the duty of making sure that the rental dwelling unit complies with the requirements of this Chapter, applicable provisions of the City Code and/or the International Property Maintenance Code. B. Every owner of a rental dwelling unit shall be responsible for keeping that part of the building or premises which he or she occupies or controls in a clean, sanitary and safe condition in conformance with this Chapter, applicable provisions of the City Code and the International Property Maintenance Code, including any shared or common areas in a multiple family dwelling. C. Access By Owner: Every occupant of a rental dwelling unit shall give the owner or resident agent access to all parts of a rental dwelling unit and premises, at reasonable times for the purpose of effecting inspections and maintenance, and making repairs or alterations as are necessary to comply with the provisions of this Chapter, City Code and the International Property Maintenance Code. D. The owner or resident agent shall ensure the rental dwelling unit possesses the appropriate license pursuant to this Chapter and all license fees are paid to the City before the rental dwelling unit is rented. -2- 9-3-5 RESPONSIBILITY OF OCCUPANT (RENTER) A. Cleanliness: Every occupant of a rental dwelling unit shall keep in a clean and sanitary condition pursuant to the standards set forth in the International Property Maintenance Code and the City Code that part of the unit and building which he or she occupies, controls or uses. B. Disposal of Rubbish: Every occupant of a rental dwelling unit shall store and dispose of all his or her rubbish, garbage and waste in a clean, sanitary and safe manner. C. Plumbing Fixtures: 1. Furnished Fixtures: Every occupant of a rental dwelling unit shall keep the supplied plumbing fixtures and facilities within the rental dwelling unit in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in their proper use and operation and in accordance with this Chapter, City Code and the International Property Maintenance Code. 2. Fixtures Furnished By Occupant: Every plumbing fixture furnished by the occupant for the rental dwelling unit shall be properly installed and shall be maintained in good working condition, shall be clean and sanitary, and free from defects, leaks or obstructions and in accordance with this Chapter, City Code and the International Property Maintenance Code. D. Noise: Every occupant of a rental dwelling unit shall refrain from, and shall prevent his or her guests from making, excessive noise which disturbs the peace and quiet of other occupants in the building and other persons residing in the neighborhood. 9-3-6 GENERAL LICENSING PROVISIONS A. License Required: No person shall operate, rent or cause to be rented a rental dwelling unit which has not been properly licensed by the City in the manner required by this Chapter. A tier one license must be obtained by the owner for each rental dwelling unit -3- except in cases where two or more rental dwelling units are located within a single building, have a common owner and a common property identification number. These multiple rental units shall be allowed to obtain a single license for the building instead of each rental dwelling unit within the building. B. License Application: The owner of a rental dwelling unit shall submit an application for a tier one rental license on forms and in the format provided by the City. The owner shall give notice, in writing, to the City within five (5) business days of any changes to the information contained in the license application. C. Certification of Type of Dwelling: The owner must provide, as part of the license application,.what type of structure is licensed e.g. single family, duplex, triplex, etc. D. License Fees: The owner shall be required to pay an annual license fee, the amount of which shall be determined from time to time by the City Council by resolution. The license fee schedule shall be maintained at City Hall. The required fees shall be submitted by the owner along with the application for a new or renewal license. Applications for a renewal license submitted after the license term expiration are subject to a penalty fee, which shall be determined from time to time by the City Council by resolution. E. License Period: The license period shall be for one year and run from June 1st to May 31st of the following year except as otherwise provided herein or in cases of suspension or revocation. The license must be renewed annually on or before May 31St of each year. F. License Issuance: The City shall issue a tier one rental license for a rental dwelling unit if the application is found to be in compliance with the provisions of this Chapter, no compliance orders have been issued for any of the rental dwelling units on the property, any required license fees are paid and current, the real estate taxes are paid and current and the municipal utilities are paid and current. G. Posting of License: The owner shall post a copy of the license in the rental dwelling unit in a conspicuous place. In multiple dwelling units requiring a single license, the license shall be posted in a common area of the building such as a corridor, hallway or lobby. The posted license shall be framed and covered with clear glass or plastic. H. Renewal of License: An owner may continue to rent a dwelling unit after the expiration date of the license provided the owner has filed with the City on or before May 31, the appropriate renewal license application and license fee. The issuance of a license under this Chapter shall be considered a privilege and not an absolute right of the owner and shall not entitle the owner to an automatic renewal of the license. Allowing the owner to continue to rent while the renewal license is being processed does not obligate the City to automatically renew the license, especially if the application is not complete or there are compliance issues with the rental dwelling unit. I. Transfer of License: All licenses issued pursuant to this Chapter shall be valid only for the rental dwelling unit for which the license was issued. The license of a single-family rental dwelling unit shall not be transferable by the owner to a new owner and must be applied for by the new owner. Owners of multiple family rental dwelling units may transfer the units' license to the new owner upon closure of sale of the property containing the rental dwelling units. Upon closing on the property, the new owner shall submit a transfer of ownership application and related fee to the City. Failure by the new owner to submit the transfer application and fee to the City within thirty days of closing on the property shall result in the commencement of proceedings by the City to revoke the license. J. Restrictions on Ownership Transfer: It is unlawful for the owner of any rental dwelling unit(s) with known violations of this Chapter to sell, transfer or lease or otherwise dispose of the rental dwelling unit(s) until the violation has been brought into compliance. The owner may transfer ownership of the rental dwelling unit(s) prior to correcting the violation if he or she furnishes to the buyer a true -5- copy of any violation notice that has been issued by the City and obtains and possesses a receipt of acknowledgment from the Buyer. K. Resident Agent Required: Owners of rental dwelling unit buildings with five (5) or more individual rental units shall appoint a resident agent who shall reside within the rental dwelling to be responsible for the maintenance and upkeep of the rental dwelling units and common areas and to handle licensing issues with the City. Owners of rental dwelling unit buildings containing less than five (5) units who do not reside within the counties of Ramsey, Hennepin, Anoka, Carver, Dakota, Scott, Washington, Wright, Chisago, Isanti or Sherburne shall appoint an agent that resides within one of these counties that shall be the responsible resident agent. 9-3-7-1: TIER ONE LICENSE: A Tier One license shall allow a property owner to list his or her property for rent in the City of Lauderdale. 9-3-7-2: CONDITIONS OF TIER ONE LICENSE: A tier one license holder shall maintain his or her property in a manner consistent with the following: A. The rental dwelling unit(s) and the premises meet the minimum requirements contained in this Chapter; B. The rental dwelling unit(s) and the premises conform to all applicable ordinances of the City, including Chapter 5, any applicable state and federal laws and the International Property Maintenance Code; C. The owner or its resident agent shall keep a current register of occupancy for each rental dwelling unit. Said register of occupancy shall contain, at a minimum, the following information: 1. Address(es) of the rental dwelling unit(s); 2. Number of bedrooms of each rental dwelling unit; 3. Number of rental dwelling units in each building; and M 4. Number of adults and children (under 18) currently occupying each rental dwelling unit. 9-3-7-3: TIER TWO LICENSE: A Tier Two license shall be required for any property or owner of rental property where there are violations of Section 9-3-7-4 or 9-3-7-5 of this ordinance. 9-3-7-4: CONDITIONS OF TIER TWO LICENSE: The holder of a Tier Two License shall have all the rights and be subject to all the requirements of a Tier One License in addition to those listed below: 1. The licensed property shall be subject to periodic inspection as provided in Section 9- 3-7-6 of this ordinance; 2. The license holder shall pay an additional fee as established by the City Council from time to time; and 3. The City Council may consider denying additional licenses to the property owner or revoking current licenses. 9-3-7-5: CONDUCT ON LICENSED PREMISES A. It shall be the responsibility of the owner or its resident agent to take appropriate action following conduct by occupant(s) or guests of the occupant(s), which is in violation of any of the following statutes or ordinances. This section applies to all levels of licenses. The following list is not exhaustive or exclusive: 1. Violation of Minnesota Statute Sections 609.755 through 609.76 as may be amended from time to time, relating to gambling; 2. Violation of Minnesota Statute Section 609.321 as may be amended from time to time, which prohibit prostitution and acts related thereto; 3. Violation of Minnesota Statute Sections 152.01 through 152.027 as may be amended from time to time, which prohibit unlawful sale or possession of controlled substances; -7- 4. Violation of Minnesota Statute Sections 340A.401 and 340A.503 as may be amended from time to time, which regulates the unlawful commercial sale and underage consumption of alcoholic beverages; 5. Violation of Minnesota Statute Section 609.33 as may be amended from time to time, which prohibits owning, leasing, operating, managing, maintaining or conducting a disorderly house, or inviting or attempting to invite others to visit or remain in a disorderly house; 6. Violation of Minnesota Statute Sections 97B.021, 97B.045, 609.66 through 609.67, 624.712 through 624.716, 624.719, 624.731 through 624.732 and 624.734 as may be amended from time to time, which prohibit the unlawful possession, transportation, sale or use of weapons; 7. Violation of Minnesota Statute Section 609.72 as may be amended from time to time, which prohibits disorderly conduct; 8. Violation of City Code, Chapter 5-7 relating to recreational fires;. 9. Violation of City Code Chapter 5-8 relating to clandestine drug labs; 10. Violation of City Code Chapter 4-1 relating to nuisances; or 11. The licensed rental dwelling unit receives 3 or more police calls for service in which each result in a citation or arrest within a twelve month period. Calls will not be counted in instances where the victim and suspect are "family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes Section 518B, subdivision 2 (b) and where there is a report of "domestic abuse" as defined in the Domestic Abuse Act, Minnesota Statute Section 518B.01, subdivision 2 (a) . B. The City of Lauderdale's contracted law enforcement agency is charged with authority and responsibility for the enforcement of this Section. 1. Upon determination by a law enforcement official that a rental dwelling unit is in violation of any one or more of the provisions set forth in Section A above, the law enforcement official shall immediately notify the City. Upon notification by the law enforcement official, the City shall send the owner and the resident agent notification of the violation and direct them to take steps to prevent further violations. The City shall also send a copy of the notice to the occupant of the rental dwelling unit that is in violation. 2. Upon a second, third or subsequent violation of Section A by occupants or guests of the same rental dwelling unit within a twelve (12). month period of the first violation, the law enforcement official shall immediately notify the City. Upon notification by law enforcement, the City shall send the owner and the resident agent of the rental dwelling unit a notice that shall require the owner or resident agent of the rental dwelling unit to submit to the City a written report of the action taken to prevent any further violations by the occupants and/or their guests. The written report shall also detail all actions taken by the owner and resident agent in response to the previous notice. The written report shall be submitted by the owner or resident agent to the City within five (5) business days of the date of the notice. If the owner or resident agent fails to comply with the requirements of this Section, the license for the rental dwelling unit(s) may be denied, suspended, revoked or not renewed. If the City decides that it will be denying, suspending, revoking or not renewing a license pursuant to this Section, the City shall send a notice of the action to the owner and resident agent of the dwelling unit. The proposed action by the City shall be heard by the City Council pursuant to the procedure set forth in Section 9-3-13 of this Chapter. 3. No adverse license action described above shall be imposed by the City if the violation(s) of Section A occurred during eviction proceedings of the occupants or within thirty (30) days of notice given by the owner or resident agent to an occupant to vacate the premises. The owner or resident agent shall provide proof of the eviction proceedings or notice to vacate to the City upon request. Eviction proceedings must be diligently pursued by the owner or resident agent in order to prevent any adverse license action by the City and shall not be a bar to any adverse license action by the City. Further, the City's action to deny, revoke, suspend or not renew a license based upon violations of Section A may be postponed or discontinued at any time if it appears that the owner or resident agent has taken appropriate measures that will prevent further violations to Section A. C. A Tier One licensed rental dwelling unit shall immediately move to a Tier Two license and be subject to all requirements of a Tier Two license. D. A Tier Two licensed rental dwelling unit shall be considered for further sanctions including revocation of license. 9-3-7-6: MINIMUM RENTAL DWELLING UNIT STANDARDS: Every rental dwelling unit to be rented in the City must, prior to issuance of a license by the City, be in compliance with applicable provisions of the City Code and the International Housing Maintenance Code incorporated herein by reference. 9-3-7 TIER TWO INSPECTIONS: A. All Tier Two licensed rental dwelling units shall be inspected by the City prior to the issuance of the license. B. The City will contact the owner, agent or resident manager to schedule the inspection. The inspection will be done to evaluate compliance with the International Property Maintenance Code, Building Codes and applicable city ordinances. The owner, agent or resident manager will be provided with a complete inspection report outlining areas of noncompliance. The owner of the structure will be given a specified period of time to correct the deficiencies before a license is issued. -10- C. Occupant initiated inspection: An occupant who believes that his or her rental dwelling unit is not in compliance with the provisions of this Chapter, City Code or the International Housing Maintenance Code may provide written notice to the owner or resident agent of the rental dwelling unit specifying the alleged deficiency. If the owner or resident agent does not take action to correct the alleged problem, the occupant may contact the City and request an inspection of the rental dwelling unit by the City Building Official upon showing proof that the owner or resident agent had been properly notified and has been given a reasonable time in which to correct deficiencies. D. Cost of Inspection: The cost of the occupant initiated inspection will be paid by the owner if the City's inspection reveals actual deficiencies as described by the occupant. If the inspection reveals no deficiencies and/or the complaint was made by the occupant in bad faith, the City may assess the cost of the inspection to the occupant. 9-3-8 COMPLIANCE ORDER: A. Whenever the City's Building Official determines that any rental dwelling unit or the premises surrounding it fails to meet the provisions of this Chapter, other applicable City Code provisions or the International Property Maintenance Code, he or she may issue a compliance order setting forth the specific violations and ordering the owner to correct such violations. B. The compliance order shall: 1. Be in writing; 2. Describe the location and nature of the violations; 3. Set forth a reasonable time for the correction of the violations by the owner or resident agent; and 4. Be served upon the owner and resident agent either personally or by certified mail. A copy of the compliance order shall also be provided to the occupants of the rental dwelling unit. - 11 - C. If the violations are not remedied by the owner or resident agent within the specified time given in the compliance order, the license for the rental dwelling unit may be denied, suspended, revoked, or not renewed by the City. If the City decides that it will be denying, suspending, revoking or not renewing a license pursuant to this Section, the City shall send a notice of the proposed action to the owner and resident agent of the dwelling unit. The proposed action by the City shall be heard by the City Council pursuant to the procedure set forth in Section 9-3-13 of this Chapter. D. Appeal: When it is alleged by the owner or resident agent that the compliance order is based upon the erroneous interpretation of this Chapter, other applicable City Code provisions or the International Property Maintenance Code, the owner or resident agent may appeal the compliance order to the City Council. Such appeal shall be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee, as set forth by resolution of the City Council, from time to time, and must be filed with the City within five (5) business days after service of the compliance order. The appeal shall be heard by the City Council pursuant to the procedure set forth in Section 9-3-13 of this Chapter. The filing of the appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health or property. 9-3-9 MISDEMEANOR: Failure by an owner to comply with a compliance order after the right of appeal has expired or violation of any of the provisions of this Chapter shall constitute a misdemeanor. Each day that a violation continues shall be deemed a separate punishable offense. 9-3-10 HEARING. A. If the City makes a determination that it will be denying, suspending, revoking or not renewing a license pursuant to Sections 9-3-6-3 (B) or 9-3- -12- 9(C) of this Chapter, or if the owner or resident agent is appealing the compliance order pursuant to Section 9-3-9 (D) of this Chapter, the City Council shall conduct a hearing on the matter. The hearing shall be scheduled at the next regular City Council meeting following the date of the notice or receipt of the owner's notice of appeal of a compliance order. B. At the hearing, the City Council shall hear all relevant evidence and arguments and shall review all testimony, documents and other evidence submitted. The owner or resident agent shall have the opportunity to address the City Council at the hearing. C. After the hearing is concluded, the City Council shall make findings on whether to uphold the compliance order or to revoke, suspend, deny or not renew the license. The City Council shall issue a written decision within thirty (30) days following the date of the hearing and shall send a copy of its decision to the owner and resident agent by mail. The decision shall specify the rental dwelling unit or units to which it applies. D. If a license is revoked, suspended, denied or not renewed by the City Council, it shall be unlawful for the owner or the resident agent to thereafter permit the occupancy of rental dwelling unit. A notice of the action shall be posted by the Building Official on the unit in order to prevent any further occupancy. No person shall reside in, occupy or cause to be occupied that rental dwelling unit until a license is obtained or reinstated by the owner. -13- To: City Council From: Brian B. Heck, City Administrator Date: May 5, 2006 Re: Nuisance Property The City is continuing to receive complaints and concerns from residents on the appearance of some houses in the community. These concerns are not related to debris, junk, weeds, vehicles in the yard or other nuisance type things. The complaints are related to the physical state of the structure: missing screens, peeling paint, damaged siding, etc. While the rental ordinance may address some of these concerns, it is not only rental property we are receiving complaints about. We are receiving complaints on non -rental houses: Any provisions placed in a rental licensing ordinance will not remedy non -rental property. The question for the council to contemplate is what if anything, the city should do to compel or force a home owner to make exterior improvements and/or conduct maintenance on their home.