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HomeMy WebLinkAbout07/11/2006LAUDERDALE CITY COUNCIL MEETING AGENDA TUESDAY, July 11, 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. 1. ROLL — 7:30 p.m. Council members: Gill -Gerbig _ Doherty Mayor Dains_ Staff: Bakken -Heck 2 R 4. Hawkinson Christensen APPROVAL OF THE AGENDA - 7:32 p.m. APPROVALS — 7:35 p.m. A. Approve minutes for 6/27/2006 City Council Meeting B. Approve claims totaling $90,633.93 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. Comprehensive Plan Committee Application 6. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS GACityAdmin\Agendas\2006 agendas\July ILdoe Page 2 7. INFORMATIONAL PRESENTATIONS A) State Senator John Marty 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. 9. REPORTS 10. DISCUSSION 11. ACTION 12. ITEMS REMOVED FROM THE CONSENT AGENDA 13. ADDITIONAL ITEMS 14. SET AGENDA FOR NEXT MEETING — 8:00 p.m. A) Preliminary Park Concept Drawings B) Electrical at Community Park C) Cor Wilson, Cable Commission Director D) Rental Housing Ordinance 15. WORK SESSION 8:05 p.m. A) Rental -housing license B) Preliminary Budget Discussion C) Larpenteur Avenue 16. ADJOURNMENT GACityAdm1n\Agendas0006 agendas\July ILdoc LAUDERDALE CITY COUNCIL MEETING MINUTES TUESDAY, JUNE 27, 2006 Mayor Jeffrey Dains called the meeting to order at 7:30 p.m. and asked administrator 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 Gill -Gerbig moved and Hawkinson seconded the agenda. The motion carried. Mayor Dains asked for any additions or corrections to the minutes of June 13; 2006. There being none, council member Christensen 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 Gill - Gerbig moved and Hawkinson seconded approval of the claims totaling $19,361.13 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. Linda Sax of 1935 Walnut addressed the council regarding the condition of property located at 1925 Walnut. She wanted to inform the council about the condition of the house on the corner, that it has been vacant for at least 3 years. They only cut the grass a couple of times each year and it is the first home people see when they come to the city. She provided some photos. The mayor indicated the council is doing what it can. Council member Christensen stated the city did send a letter to the owner. The consent agenda authorizing use of the community park by large groups, awarding bid in the amount of $510 for the old city truck, the purchase of hockey goals, the joint powers agreement (JPA) with Ramsey County Geographic Information Systems (GIS) User Group, carried on a motion by council member Gill -Gerbig and a second by Christensen. Ramsey County Commissioner Jan Parker appeared before the council to discuss items of interest to the city that the County is currently working on. She went over the following highlights at the County: two honors regarding financial condition with the highest bond rating possible, a AAA rating. She said she does not want to see this change. She pointed out some publications that were included in the folder handed out to the council and members of the audience, particularly the 2004 map scheduled for updating this year. The Active Living Ramsey County program also won an award. The program helps to improve the health of Minnesotans'. Her interest is in getting communities to reevaluate the Page 1 of 5 LAUDERDALE CITY COUNCIL MEETING MINUTES TUESDAY, JUNE 275 2006 way cities are developed and redeveloped so there is a focus on getting people out of their vehicles. Ramsey County is building a new library in Maplewood and plans are to expand the Roseville library. In 2005, Roseville was the busiest library in the state in terms of circulation. The library board is conducting a needs assessment for the northeast part of the county. Ramsey County is now operating on a two-year budget. This is the off year for the budget and the county is focusing more on outcomes and performance measurements for the programs offered. She directed the public to the folder and explained a few charts on the financial situation of the county. She pointed out county revenue is decreasing at approximately the same rate as state and federal revenue. She anticipates there will be some remedial action necessary with the budget, as there is an $8,000,000 shortfall in the human services budget. Parker mentioned that several 800 MHz radio system dispatch centers will consolidate. The first city on the new system is Mounds View in August. Parker said the County received finds to assist in continuing the study for the central corridor. The projected rides per year for the central corridor are 46 million, which compares to 25 million rides per year for the Hiawatha corridor. The county also received funds for the Depot project in downtown St. Paul. She went over the process the County is using to prepare for a bird flu pandemic. She said it is not if, but when the flu arrives in the state. The County Board went through a half-day training on disaster planning, which she believes will be opened to other community officials. This training now includes public health, terrorist attack, etc. She opened the floor for questions from those present. Mayor Dains addressed the issue of the county roads in the city. He mentioned Eustis Street in particular and also mentioned Fulham and Roselawn. He wanted to know if the County has any plans for Eustis Street. He said the council is interested in the portion of Eustis from Larpenteur to Como. This section of Eustis is down hill and presents a problem for those walking to the bus on Como. Parker said under funding is a real problem for the maintenance and reconstruction of the road system. Parker said at present, the county has enough money to rebuild roads once every 100 years or so. Right now there is no plan for Eustis Street. She said the legislature passed a good transportation bill but the governor vetoed the bill. Dan Solar from the County Highway department said Eustis. Street is not a CSAH and therefore, it does not qualify for gas tax funds. He explained a bit about the municipal account. He said there is an allotment in the municipal fund for use to maintain and reconstruct roads in cities under 5,000. He indicated there was about $51,000 for CSAH Page 2 of 5 LAUDERDALE CITY COUNCIL MEETING MINUTES TUESDAY, JUNE 2712006 reconstruction and maintenance. The County looks for partnerships with cities to make road projects viable in these cities. The mayor suggested the city establish a meeting with the county to discuss the future of the county roads. Commissioner Parker stated she spoke to Rep. Grieling and said that Rep. Grieling is willing to consider special legislation for the city so it can better maintain its roads. The council thanked Commissioner Parker for her presentation. The mayor introduced the rental housing license ordinance. Heck provided a brief background on the ordinance development and some main points to the ordinance. Mayor Dains opened the public hearing for comment at 8:21 p.m. He asked those who spoke to state their name address and provide the question. Michelle Upham of 1834 Walnut wanted to know what the cost of a license is and if the ordinance applied to people who rent a room in their home. Leslie Kratz of 1773 Carl asked if rental property with past documented problems can start at the tier two level. Bonnie Malterer of Duluth said they rent a unit in Brandychase Condominiums. She said in order to rent, they must follow several rules and requirements of the owners association. She wanted to know if the council would consider exempting the condominiums from the ordinance. She also asked if they would be required to obtain a license if their daughter lived in the unit. Gary Brandenburg of 1773 Carl wanted to know more specifics on the violations and suggested a summary of the ordinance. There being no further comment or questions, the hearing closed at 8:30 p.m. Heck responded to the first question and stated the city council has not established a license fee for either the tier one or the tier two licenses. He said this is something the council needs to address and indicated the fee established needs to be justifiable based on the cost the city incurs for the administration of the program. Heck then commented on Ms. Upham's second question stating he recalled the council discussing this at the first public discussion and it was his understanding this type of situation does not need a license but added that the council needs to discuss this issue. Council member Christensen commented on the second question on starting known problem properties at tier 2. Christensen said that he did not feel the city could do this, that all property should start at tier one. He said problems will arise and the license will go to tier Page 3 of 5 LAUDERDALE CITY COUNCIL MEETING MINUTES TUESDAY, JUNE 27, 2006 two then. Heck added he didn't feel the city could select properties to start at tier two and suggested the city attorney provide comment. Mary Tietjen, city attorney, told the council and those present the city needs to start all rental property at the same level. She said the ordinance needs more objective criteria for moving a license from tier one to tier two. Council member Christensen addressed the question raised by Bonnie Malterer. Heck said that as the ordinance reads, the condominiums are not exempt from the license. Heck went on to say the use of the unit by a relative was discussed previously and it was his understanding this type of situation would not require a license. Gill -Gerbig said she suggested the word "occupant" be used rather than renter to address this concern. Tietjen said the council needs to discuss exempting property. She said the exemption is based on the class of building and not specific developments. Heck responded to the question asked by Mr. Brandenburg. Heck said the council needs to discuss the details of what violations cause a property to move from tier one to tier two. He also said the suggestion for a summary of the ordinance is an excellent idea and the city will provide a summary when the final draft is ready. Butkowski discussed the process and progress of the comprehensive planning task force. She said the parks are the next step on the planning process. Butkowski addressed the issue of instituting no parking on the west side of Fulham Street. She said the council heard this item last meeting and went over some of the problems encountered when vehicles park on the street. Butkowski said letters were sent out to all residents on Fulham, the city of Falcon Heights was contacted and they only want to be kept informed what is going on, and the University of Minnesota did not respond to the notice sent. Hawkinson observed the cars and she noticed three to four cars parked on the street. She has not had many problems near her house mainly due to a fire hydrant. She doesn't see there to be much of a problem at this point. Mayor Dains has concerns about the traffic when the condominium project is completed. He wants to consider the issue of stop signs and possibly speed limit changes at that time. He does not see urgency on this topic at this point. Gill -Gerbig commented it is a 30 mph street with driveway access to homes. She stated backing out becomes a problem with cars parked there. She said there are many walkers on the street and it is safer without the cars parked on the west side. She would like to see a parking ban on the street. She also said the council should be ready to consider additional off street parking for some of the residents. Page 4 of 5 LAUDERDALE CITY COUNCIL MEETING MINUTES TUESDAY, JUNE 2752006 Christensen discussed one comment made by a resident that they liked to park for a limited time to unload groceries. He suggested allowing unloading or limited parking time along the street. He would like to see what happens when the condominium project is completed. The Council set the agenda for the July 11, 2006 meeting. The following will be on the agenda: Senator Marty visit, initial budget discussion, rental -housing discussion, and wiring in the park. The meeting adjourned at 9:30 p.m. on a motion by Christensen and a second by Hawkinson. Page 5 of 5 CITY OF LAUDERDALE Claims for Approval July 11, 2006 City Council Meeting Payroll 6/30/06 Payroll: Direct Deposit # 500163-500172, check 7884 $8,048.85 6/30/06 Payroll: Payroll Liabilities, e -payments 67E -70E $6,614.65 17/11/06 Claims: Check # 69E, 18180, 18182-18199 $75,970.43 Subtotal of Claims From Above $90,633.93 Total Claims for Approval $90,633.93 CITY OF LAUDERDALE 07/06/06 12:00 PM Page 1 Payments Current Period: JUNE 2006 Batch Name 063006paytax Payment Computer Dollar Amt $6,614.65 Posted Refer 304 NORTH STAR BANK, CHECKING S Ck# 000067E 6/30/2006 Cash Payment G 101-21703 FICA WITHHOLDING. 6/30/06 payroll taxes $1,872.86 Invoice Cash Payment G 101-21701 FEDERAL TAXES 6/30/06 payroll taxes $982.22 Invoice Transaction Date 6/28/2006 Due 0 NORTH STAR CHEC 10100 Total $2,855.08 Refer 305 ICMA Ck# 000068E 6/30/2006 Cash Payment G 101-21705 ICMA RETIREMENT 6/30/06 payroll $1,171.72 Invoice Transaction Date 6/28/2006 Due 0 NORTH STAR CHEC 10100 Total $1,171.72 Refer 324 MN DEPARTMENT OF REVENUE Ck# 000070E 7/7/2006 Cash Payment G 101-21702 STATE WITHHOLDING 6/06 state withholding Invoice Transaction Date 7/6/2006 Due 0 NORTH STAR CHEC 10100 $1,306.65 Total $1,306.65 Refer 325 PERA Ck# 000071 E 6/30/2006 Cash Payment G 101-21704 PERA 6/30/06 payroll $1,281.20 Invoice Transaction Date 7/6/2006 Due 0 NORTH STAR CHEC 10100 Total $1,281.20 Fund Summary BATCH Total $6,614.65 10100 NORTH STAR CHECKING 101 $6,614.65 $6,614.65 Pre -Written Checks $6,614.65 Checks to be Generated by the Compute $0.00 Total $6,614.65 CITY OF LAUDERDALE *Check Detail Register© JUNE 2006 to JULY 2006 Check Amt Invoice Comment 10100 NORTH STAR CHECKING Paid Chk# 000069E 7/25/2006 US BANK, DEBT SERVICES E 304-47400-611 BOND INTEREST $12,965.00 2003 street project E 303-47300-611 BOND INTEREST $20,307.50 2002 street project E 302-47200-611 BOND INTEREST $16,997.50 2000 street project Total US BANK, DEBT SERVICES $50,270.00 Paid Chk# 018180 6/26/2006 POSTMASTER E 101-41600-203 POSTAGE $100.00 postage for newsletter & nuisc E 101-43400-203 POSTAGE $200.00 postage for newsletter & nuisc Total POSTMASTER $300.00 Paid Chk# 018182 7/11/2006 AFSCME G 101-21709 UNION DUES $128.10 June 2006 dues Total AFSCME $128.10 Paid Chk# 018183 7/11/2006 BAKKEN-HECK BRIAN E 101-41200-331 TRAVEL EXPENSE $20.65 6/06 travel expenses Total BAKKEN-HECK BRIAN $20.65 Paid Chk# 018184 7/11/2006 BANYON DATA SYSTEM E 101-41300-307 COMPUTER SERVICES $400.14 annual fixed assets support Total BANYON DATA SYSTEM $400.14 Paid Chk# 018185 7/11/22006 BUTKO � � WSKI, HEATHER E 101-41500-331 TRAVEL EXPENSE $22.68 Ramsey Cty & Sec of State elec E 101-41200-331 TRAVEL EXPENSE $108.28 LMC conference E 101-41200-331 TRAVEL EXPENSE $7.29 Met Council meeting Total BUTKOWSKI, HEATHER $138.25 Paid Chk# 018186 7/11/2006 CINTAS E 601-49000-425 CLOTHING $28.65 pw clothing E 601-49000-425 CLOTHING $28.65 pw clothing Total CINTAS $57.30 Paid Chk# 018187 7/11/2006 CITY OF ST ANTHONY E 101-42100-319 POLICE CONTRACT $21,271.17 7/06 police services Total CITY OF ST ANTHONY $21,271.17 Paid Chk# 018188 7/11/2006 GOVERNMENT TRAINING SERVICE E 101-43400-308 TRAINING\CONFERENCES $135.00 HB comp plan workshop Total GOVERNMENT TRAINING SERVICE $135.00 Paid Chk# 018189 7/11/2006 HOME DEPOT CRC E 101-43100-228 MISC REPAIRS MAINT SUPPLIE $3.72 gas fitting Total HOME DEPOT CRC $3.72 Paid Chk# 018190 7/11/2006 HUGHES & COSTELLO E 101-42300-355 MISC PRINTING/PROCESS SER $72.75 7/06 Retainer and fees CITY OF LAUDERDALE *Check Detail Register© JUNE 2006 to JULY 2006 Check Amt Invoice Comment E 101-42300-305 LEGAL FEES _ $850.00 7/06 Retainer and fees Total HUGHES & COSTELLO $922.75 Paidid Chk# 018191 —7/11/2006 KENNEDY & GRAVEN '– - � ----' —4— y-- - E 101-41400-355 MISC PRINTING/PROCESS SER $13.34 5/06 legal services E 101-41400-305 LEGAL FEES $493.00 5/06 legal services - park E 101-41400-305 LEGAL FEES $536.50 5/06 legal services - general Total KENNEDY & GRAVEN $1,042.84 Paid Chk# 018192 7!11/2006 MINNESOTA STATE TREASURER G __ E 101-43400-443 SURCHARGE REPORT $85.56 2g06 building surcharge report Total MINNESOTA STATE TREASURER $85.56 Paid Chk# 018193 7/11/2006 NORTH STAR BANK, PETTY�� E 101-41200-308 TRAINING\CONFERENCES $15.60 stamps E 101-43400-331 TRAVEL EXPENSE $9.00 HB parking at Met Council E 101-41500-331 TRAVEL EXPENSE $4.00 parking at RC Elections - Auto E 101-41200-308 TRAINING\CONFERENCES $15.00 JB APMP meeting E 101-43100-228 MISC REPAIRS MAINT SUPPLIE $27.10 spring hinge for warming house E 101-43400-331 TRAVEL EXPENSE $9.00 JB parking at Met Council E 201-45600-440 MEETING EXPENSES $13.00 pizza for June PCIC meeting E 101-41200-308 TRAINING\CONFERENCES $9.28 2 certified letters E 201-45600-440 MEETING EXPENSES $13.00 pizza for April PCIC meeting E 201-45600-440 MEETING EXPENSES $8.78 ice for WC workshop Total NORTH STAR BANK, PETTY $123.76 Paid Chk# 018194 7/11/2006 PARK HARDWARE HANK E 101-43100-228 MISC REPAIRS MAINT SUPPLIE E 101-45200-225 LANDSCAPING MATERIALS Total PARK HARDWARE HANK Paid Chk# 018195 7/11/2006 PARK SERVICE $2.14 grass seed & window $24.59 grass seed & window $26.73 E 601-49000-212 MOTOR FUELS $25.81 6/06 motor fuels E 101-43100-212 MOTOR FUELS $232.26 6/06 motor fuels Total PARK SERVICE $258.07 Paid Chk# 018196 7/11/2006 POSTMASTER E 101-41200-203 POSTAGE Total POSTMASTER $117.00 3 rolls of stamps $11 /.uu Paid Chk# 018197 7/11/2006 RAMSEYgCOUNTY, PROP REC & REV E 101-41300-355 MISC PRINTING/PROCESS SER $25.00 7/06 employee benefits G 101-21706 HEALTH INSURANCE $319.31 7/06 employee benefits Total RAMSEY COUNTY, PROP REC & REV $344.31 Paid Chk# 018198 7/11/2006 WASTE MANAGEMENT E 101-43100-384 REFUSE DISPOSAL $70.53 7/06 refuse pick up Total WASTE MANAGEMENT $70.53 CITY OF LAUDERDALE *Check Detail Register© JUNE 2006 to JULY 2006 10100 NORTH STAR CHECKING $75,970.43 Fund Summary Check Amt Invoice Comment Paid Chk# 018199" 7/11/2006 XCEL ENERGY, CITY HALL $25,582.54 201 COMMUNITY EVENTS E 101-45200-381 ELECTRIC $54.73 6/06 utilities E 101-43100-381 ELECTRIC $164.19 6/06 utilities E 101-43100-383 GAS UTILITIES $26.72 6/06 utilities E 101-45200-383 GAS UTILITIES $8.91 6/06 utilities Total XCEL ENERGY, CITY HALL $254.55 10100 NORTH STAR CHECKING $75,970.43 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $25,582.54 201 COMMUNITY EVENTS $34.78 302'00 ST/UTIL IMP DEBT SERVICE $16,997.50 303'02 ST/UTIL IMP DEBT SERVICE $20,307.50 304'03 ST/UTIL IMP DEBT SERVICE $12,965.00 601 SEWER UTILITIES $83.11 $75,970.43 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date July 11, 2006 ITEM NUMBER 5A Comp Plan Applicant STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Shortly after the comprehensive plan steering committee was organized, Joseph Kennedy asked if there were opportunities to participate in city planning here in Lauderdale. He is a recent graduate of the University of Minnesota with a degree in geography and city planning as is looking for ways to get involved and get experience. As a Lauderdale resident, I told him he would be able to learn more about city operations by attending the council and com- prehensive plan meetings. He has been doing that and would like the council to consider his application to be a regular member of the comprehensive plan steering committee. OPTIONS: 1. Allow Joseph to be added as a comprehensive plan steering committee member. 2. Do not allow Joseph to be added as a comprehensive plan steering committee member. STAFF RECOMMENDATION: Staff recommends allowing Joseph to be a part of the comprehensive plan steering commit- tee. COUNCIL ACTION: Comprehensive Plan Steering Committee Application Name: n Address: Z C. �r i -s+ L e i)� i�IC , n�1U 5516Y Phone: U� - 761 7 Z E-mail: �� 'g A U Z S6:, 0 Uma, pL/ Please, answer the following: I am interested in becoming a member of the Comprehensive Plan Steering Committee for the following reason(s): r There are many ways to contribute to the future of Lauderdale. If you are unable to be a member of the Comprehensive Plan Steering Committee, we encourage you to sign up for other city committees and events. Join the Park & Community !� Involvement Committee. F] Participate in the Walkable Communities Workshop on May 9, 2006. Provided by Ramsey County to selected cities. F1Join the Tree Committee. ❑ Conduct Community Survevs. Attend comprehensive plan input sessions. F] Other: Host National Night Out for your block on August 1st. Comprehensive plan steering committee meetings will start at the end of March. Meeting times and dates will be determined by the committee members. An in- formational meeting and committee selection will be held in late March, after the council sets the date. If you would like to be considered for the committee, please complete an application or call us at 651-631-0300. Leave your mark on Lauderdale! CITY OF LAUDERDALE ORDINANCE NO. An Ordinance Amending Title 9 of the Lauderdale City Code to Add a New Chapter 11 Regarding Licensing of Rental Dwelling Units The city council of the city of Lauderdale ordains as follows: SECTION 1. The Lauderdale City Code is amended by repealing Title 9, Chapter 3, in its entirety. SECTION 2. The Lauderdale City Code is amended by adding the following new chapter: CHAPTER 11 RENTAL HOUSING LICENSE PROVISIONS 9-I1-1 PURPOSE 9-11-2 APPLICABILITY; SCOPE 9-11-3 ADOPTION OF PROPERTY MAINTENANCE CODE 9-11-4 DEFINITIONS 9-11-5 ENFORCEMENT OFFICER 9-11-6 RESPONSIBILITY OF OWNER (LANDLORD) 9-11-7 RESPONSIBILITY OF OCCUPANT (RENTER) 9-11-8 GENERAL LICENSING PROVISIONS 9-11-9 INSPECTIONS 9-11-10 CONDUCT ON LICENSED PREMISES 9-11-11 CONDITION OF LICENSED PREMISES 9-11-12 HEARING PROCEDURE 9-11-13 MISDEMEANOR 9-11-1 PURPOSE. It is the purpose of this Chapter to protect the public health, safety and welfare of the community at large and the residents of rental dwellings in the City of Lauderdale and to ensure that rental housing in the city is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Owners and operators are responsible to take such reasonable steps as are necessary to ensure that the citizens of the city who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and sanitary; free from noise, nuisances or annoyances; and free from unreasonable fears about safety of persons and security of property. 291467v4 SJS LA135-3 _ 1 _ 9-11-2 APPLICABILITY; SCOPE. This Chapter applies to all rental dwellings in the City, including any accessory structures on the premises upon which the rental dwelling is located, such as garages and storage buildings and appurtenances, such as sidewalks and retaining walls. This Chapter does not apply 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; owner -occupied units; or condominium units as defined and governed by Minnesota Statutes Chapters 515, 515A, and 515B. 9-11-3 ADOPTION OF PROPERTY MAINTENANCE CODE. The International Property Maintenance Code, 2003 edition, as published by the International Code Council, is adopted by reference in its entirety, except as modified or amended in this Code. Nothing in this Chapter or the International Property Maintenance Code shall be construed to cancel, modify, or set aside any other provision of the City Code. 9-11-4 DEFINITIONS. "Building Official" means the building inspector or a designated agent authorized by the City Council to administer and enforce this Chapter. "City" means the City of Lauderdale. "City Administrator" means the City Administrator or the City Administrator's designated agent. "Multiple Family Dwelling" means a rental dwelling containing three (3) or more units. "Occupant" means any person living or sleeping in a rental dwelling unit, or having possession of a space within a rental dwelling unit. "Owner" means, with respect to all matters involving the making of applications and the giving of notices, the individuals or entities holding legal and equitable title to the premises, or the legally constituted agent designated by the owner for such purposes. "Premises" means a lot, plot, or parcel of land including the building or structures thereon. "Rental Dwelling" means a building or premises, or portion thereof, used or intended to be used for residential rental purposes. 291467v4 SJS LAI 35-3 _ 2 _ "Resident Agent" means any person who has charge, care or control of a rental dwelling. "Unit" means a single unit within a rental dwelling providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. 9-11-5 ENFORCEMENT OFFICER. The City Building Official is authorized and directed to enforce all provisions of this Chapter, subject to review by the City Council. 9-11-6 RESPONSIBILITY OF OWNER (LANDLORD). A. Owner Responsible. Every owner of a rental dwelling is 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, or even if the owner, by agreement, has imposed on the occupant(s) the duty of making sure that the rental dwelling complies with the requirements of this Chapter, applicable provisions of the City Code and the International Property Maintenance Code. B. Cleanliness. Every owner of a rental dwelling is responsible for keeping that part of the 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. Obtain License. The owner or resident agent must obtain a license and pay all license fees as required by this Chapter before the rental dwelling may be rented. 9-11-7 RESPONSIBILITY OF OCCUPANT (RENTER). A. Access By Owner. Every occupant of a rental dwelling shall give the owner or resident agent access to his or her unit, and that part of the premises which he or she occupies or controls, at reasonable times for the purpose of inspections and maintenance, and making necessary repairs or alterations on the premises. B. Cleanliness. Every occupant of a rental dwelling is responsible for keeping his or her unit, and any part of the 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. 291467v4 SJS LA135-3 - 3 - C. Disposal of Rubbish. Every occupant of a rental dwelling shall store and dispose of all his or her rubbish, garbage and waste in a clean, sanitary and safe manner. All rubbish, garbage, and waste must be collected by a hauler who is licensed by the City as required by Section 4-2-11 of this Code. D. Plumbing Fixtures. 1. Furnished Fixtures. Every occupant of a rental dwelling shall keep the supplied plumbing fixtures and facilities within his or her unit in a clean and sanitary condition and shall exercise reasonable care in their proper use and operation in accordance with this Chapter, applicable provisions of the City Code and the International Property Maintenance Code. 2. Fixtures Furnished By Occupant. Every plumbing fixture furnished by the occupant shall be properly installed and maintained in good working condition, shall be clean and sanitary, and free from defects, leaks or obstructions in accordance with this Chapter, applicable provisions of the City. Code and the International Property Maintenance Code. E. Noise. Every occupant of a rental dwelling shall refrain from, and shall prevent his or her guests from malting, excessive noise which disturbs the peace and quiet of other occupants in the building and other persons residing in the neighborhood. 9-11-8 GENERAL LICENSING PROVISIONS. A. License Required. 1. It is unlawful to operate a rental dwelling in the City without first having obtained a license from the City. An owner must obtain a license for each rental dwelling. If the rental dwelling contains two or more units, and has a common owner and a common property identification number, the owner may obtain a single license for the rental dwelling. 2. There are two types of licenses: Tier I and Tier II. Both Tier I and Tier II licenses must comply with all provisions of this Chapter upon its effective date. B. License Application. The owner of a rental dwelling must submit an application for a license on forms and in the format provided by the City. The owner must give notice, in writing, to the City within five (5) business 291467v4 SJS LA135-3 - 4. - days of any changes to the information contained in the license application. The application must include: 1. the owner's name, address, and telephone number, owning partners if a partnership, corporate officers if a corporation; 2. the resident agent's name, address and telephone number; 3. legal address of the rental dwelling; 4. the type and number of units within the rental dwelling; and 5. the type of structure to be licensed (i.e., single-family, duplex, triplex). C. License Fees. The owner must pay an annual license fee, the amount of which will be determined by the City Council. The license fee schedule is maintained at City Hall. The owner must submit the required fee 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. D. License Period. The initial license period begins upon the effective date of this Chapter, and ends on December 31, 2007. Thereafter, the license period is for one year and runs from January 1 to December 31. The license must be renewed annually. E. License Issuance. 1. Preliminary Inspection and Investigation. Prior to issuing a license, the Building Official will inspect the rental dwelling to determine compliance with this Chapter, the City Code and the International Property Maintenance Code. The City Administrator will review the application for completeness and determine whether all real estate taxes and municipal utilities are paid and current. 2. Tier I License. If the rental dwelling is in full compliance with paragraph (1), the City will issue a Tier I license to the owner. 3. Compliance Order. If the rental dwelling is not in full compliance with paragraph (1), the City will provide the owner or resident agent with a compliance order pursuant to Section 9-11-11. If the owner corrects the items in the compliance order within the specified period of time, the City will issue a Tier I license to the owner. 291467v4 SJS LA135-3 _ 5 _ 4. Tier II License. If the owner does not correct the items in the compliance order within the specified period of time, the City will issue a Tier II license to the owner. The holder of a Tier II license shall be subject to the following requirements: a. The licensed rental dwelling shall be subject to periodic inspection as provided in Section 9-11-9 of this Chapter. b. The license holder shall pay the Tier II license fee as established by the City Council. C. If the Tier II license holder corrects the violations in the compliance order(s), the licensee may apply for a Tier I license after the expiration of the current license period. d. If the Tier II license holder has not corrected the violations in any outstanding compliance order(s) by the end of the owner's existing lease with the current tenant, the City may suspend or revolve the license under Section 9-11-12. The City may allow the continuation of the Tier II license if the City determines that the license holder is taking reasonable steps and exercising good faith to correct the violations. F. Posting of License. The owner shall post a copy of the license in the rental dwelling 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. G. Renewal of License. An owner may continue to rent a dwelling after the expiration date of the license provided the owner has filed with the City on or before December 31st, 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. H. Transfer of License. Licenses are not transferable. Any changes in the ownership of the rental dwelling require a new license. I. Resident Agent Required. Owners of rental dwellings with five (5) or more individual 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 and common areas and to handle licensing issues with the City. Owners of rental dwellings containing fewer than five (5) units who 291467v4 SJS LA135-3 - ( - 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. J. Register of Occupancy. The owner or its resident agent shall keep a current register of occupancy for each rental dwelling. This register of occupancy may be reviewed by the City at any time. Said register of occupancy shall contain, at a minimum, the following information: 1. Address(es) of the rental dwelling; 2. Number of bedrooms of each unit; 3. Number of units in each building; and 4. Number of adults and children (under 18) currently occupying each unit. 9-11-9 INSPECTIONS. A. Tier II License Inspections. All Tier II rental dwellings shall be inspected by the City periodically until the rental dwelling complies with this Chapter, the City Code and the International Property Maintenance Code. After each inspection, the City shall provide the owner or resident agent with a compliance order pursuant to Section 9-11-11. The owner or resident agent must correct the violations within the time period specified in the compliance order. If the violations are not corrected, the City may suspend or revolve the license under Section 9-11-12, unless it is the initial license period, in which case, the license is valid until the end of the owner's existing lease with the current tenant as noted in section 9-11-8(E)(4)(d). B. Occupant Initiated Inspection. An occupant who believes that his or her rental dwelling 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 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 by the 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. The cost of the inspection shall 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. 291467v4 SJS LA135-3 - 7 - M 9-11-10 CONDUCT ON LICENSED PREMISES. A. Owner Responsible. It shall be the responsibility of the owner or resident agent to see that persons occupying the rental dwelling conduct themselves in such a manner as not to cause the premises to be disorderly. This section applies to both Tier I and Tier II licenses. For purposes of this section, a rental dwelling is disorderly at which any of the following activities occur: 1. Violation of Minnesota Statutes sections 609.755 through 609.76 as may be amended from time to time, relating to gambling; 2. Violation of laws relating to prostitution or acts relating to prostitution as defined in Minnesota Statutes section 609.321; 3. Violation of Minnesota Statutes sections 152.01 through 152.027 as may be amended from time to time, relating to the unlawful sale or possession of controlled substances; 4. Violation of Minnesota Statutes sections 340A.401 and 340A.503 as may be amended from time to time, relating to the unlawful commercial sale and underage consumption of alcoholic beverages; 5. Violation of Minnesota Statutes 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 Statutes sections 9713.021, 9713.045, 609.66 through 609.67, 624.712 through 624.716, 624.719, 624.731 through 624.732 as may be amended from time to time, relating to the unlawful possession, transportation, sale or use of weapons; 7. Violation of City Code section 5-2-2 or violation of Minnesota Statutes section 609.72 as may be amended from time to time, relating to disorderly conduct; 8. Violation of City Code section 5-7 relating to recreational fires; 9. Violation of City Code section 5-8 relating to clandestine drug labs; 10. Violation of City Code section 4-1 relating to nuisances; or 11. Violation of City Code section 5-3 relating to animal control. 291467v4 SJS LAI 35-3 _ 8 _ B. City Enforcement. The City Administrator is responsible for enforcement and administration of this section. C. First Violation. Upon determination by the City Administrator that a licensed premises was used in a disorderly manner, as described in paragraph (A) of this section, the City Administrator must give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. D. Second Violation. If another instance of disorderly use of the licensed premises occurs within three months of an incident for which a notice in division (C) of this section was given, the City Administrator must notify the licensee of the violation and must also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report must be submitted to the City Administrator within five days of receipt of the notice of disorderly use of the premises and must detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three months. E. Third Violation. 1. If another instance of disorderly use of the licensed premises occurs within three months after any two previous instances of disorderly use for which notices were given to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section must be initiated by the City Administrator who must give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or non -renewal. Such written notice must specify all violations of this section, and must state the date, time, place and purpose of the hearing. The hearing must be held no less than ten days and no more than 30 days after giving such notice. 2. Following the hearing, the City Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. F. No Adverse Action Pending Eviction. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or 291467v4 SJS LA135-3 _ 9 _ 0 by other occupants or guests of the tenant's unit. Eviction proceedings are not a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. G. Finding of Disorderly Conduct. A determination that the licensed premises have been used in a disorderly manner as described in paragraph (A) of this section shall be made upon a fair preponderance of the evidence to support such a determination. It is not necessary that criminal charges be brought in order to support a determination of disorderly use nor does the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. H. Service of Notices. All notices given by the City under this section must be personally served on the licensee, sent by certified mail to the licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. I. Enforcement Actions. Enforcement actions provided in this section are not exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by the city code, state or federal law. 9-11-11 CONDITION OF LICENSED PREMISES. A. Compliance Order. Whenever the Building Official determines that the condition of any rental dwelling 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. Contents of the Compliance Order. 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 291467v4 SJS LA135-3 -10- 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. C. License Action. If the violations listed in the compliance order are not remedied by the owner or resident agent within the specified time given in the order, the license for the rental dwelling may be denied, suspended, revoked, or not renewed by the City. An administrative fine in an amount set forth from time to time by the City Council by resolution may also be imposed. If the City decides that it will be denying, suspending, revoking or not renewing a license or imposing an administrative fine pursuant to this Section, the City shall send a notice of the proposed action to the owner and resident agent of the rental dwelling. The proposed action by the City shall be heard by the City Council pursuant to the procedure set forth in Section 9-11-12 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 9-11-12 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. 9-11-12 HEARING PROCEDURE. A. Scheduling of Hearing. If the City makes a determination that it will be denying, suspending, revoking or not renewing a license pursuant to Sections 9-11-10 or 9-11-11 of this Chapter, or if the owner or resident agent is appealing the compliance order pursuant to Section 9-11-11 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. Hearing. 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. 291467v4 SJS LA135-3 - 11 - C. Findings. 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 or impose an administrative fine. 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 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 the rental dwelling or the unit. A notice of the action shall be posted by the Building Official on the rental dwelling or the unit in order to prevent any further occupancy. No person shall reside in, occupy or cause to be occupied that rental dwelling or unit until a license is obtained or reinstated by the owner. E. An owner may appeal the decision of the City Council as allowed under state law. 9-11-13 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. SECTION 2. This ordinance shall be effective upon its adoption and publication. Adopted by the city council of the City of Lauderdale this day of , 2006. ATTEST: Brian Bakken -Heck, City Administrator Published in the )2006. Jeffrey Dains, Mayor 291467v4 SJS LA135-3 -12- this day of To: City Council From: Brian B. Heck CC: Staff Date: July 7, 2006 Re: Budget Discussion The budget is a tool to identify the priorities of the City. The budget communicates what the City views as important by allocating funds to these areas. Ideally, establishment of goals occurs when discussing the budget to ensure funding of priorities. The budget also provides for long range planning in the form of a capital improvement plan. Items to consider for the 2007 budget include replace the social room floor, social room heating system, possible addition of air conditioning in the social room, and seal coating streets west of Eustis and south of Larpenteur. Park improvement began this year with design and plans for new tennis courts and possibly basketball courts. Other park improvements include relocating hockey rink, possible paving of hockey rink, improvements to the warming house, additional lighting for tennis and basketball courts, added trails, general ADA improvements, and possible bike/skateboard park. The Council adopted several goals for 2006. The council established these goals after adopting the 2006 budget as a result; some of the goals are currently unfunded. In discussing the 2007 budget, the council can revise the 2006 budget to include funding for the 2006 goals. AREAS TO CONSIDER FUNDING In looking at the 2006 goals and capital improvement plan, I encourage the council to consider funding the following: • The comprehensive planning process. The city can fund 2006 expenses through funds set aside for the Larpenteur avenue study. Funds are needed to continue the planning process and revision and updating the city's zoning ordinance and maps. City park improvements. The council approved the development and design of a park improvement plan in 2006 including the reconstruction of the existing tennis courts and possible reconstruction of the existing basketball courts. The council needs to transfer funds from park fund reserves to the park improvement fund to cover costs for the design, plans, and specifications. The council needs to allocated funds for 2007 to cover construction costs. Finally, the council needs to discuss completion of the community park plan as well as fencing for the community park and other park areas. • City streets. The council funded seal coating city streets east of Eustis in 2006. The council needs to decide if they would like to seal coat the streets west of Eustis in 2007. Most streets west of Eustis were completed in 2003 and might be good for another year or two. The other street issue is county road turn back and how the city envisions moving forward on this process and funding maintenance and rehabilitation. Housing and development are becoming important issues. Citizens are expressly concerned about the condition of rental and vacant property on their blocks. The council discussed possible redevelopment of an area along Larpenteur Avenue. The council can take a more active roll in improving housing and development through the purchase of available property when appropriate. In order to do so, an allocation of funds is necessary. • The other item the council needs to consider is the levy and if it is to go up, stay the same or go down. • Page 2 To: City Council From: Brian B. Heck./ Date: July 7, 2006 Re: Larpenteur Avenue Developments I learned recently a the gas station on the southwest corner of Larpenteur and Eustis is closing and the owner of Nada Chair is looking for a buyer. I also spoke to Mr. Vanderbloom of New Mech and he told me they are not moving out of Lauderdale. They do need more space but are not moving. The city considered this scenario during the Larpenteur Avenue study. I suggest the city meet with the owners of these structures and discuss redevelopment of the area including potentially contacting a few developers to submit proposals for the area.