07-10-07 Worksession
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CITY COUNCIL MINUTES
Richfield, Minnesota
Special Worksession
July 10, 2007
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 5:30 p.m.
I ROLL CALL
Members Present:
Debbie Goettel, Mayor; Sue Sandahl (arrived at 5:35 p.m.); Fred Wroge; and
Susan Rosenberg.
Members
Not Present:
Bill Kilian.
Staff Present:
Steven Devich, City Manager; Brad Sveum, Fire Services Director; Bruce
Palmborg, Community Development Director; Lynnette Chambers, Leased
Housing Specialist; Dan Scott, Public Safety Director; Betsy Osborn, Health
Administrator; Cheryl Krumholz, Recording Secretary; and Corrine Thomson,
City Attorney.
Others Present:
Julianne Schwietz, Consultant.
Item#1
DISCUSSION REGARDING PROPOSED ORDINANCE RELATING TO
ENFORCEMENT OF HOUSING CODE (COUNCIL MEMO NO. 115)
Public Safety Director Scott stated a team of staff members and Julianne Schwietz,
consultant, have organized a small group to discuss on-going issues that impact rental property in the
City. In late 2005, the City Council gave direction to staff to undertake a process in which current
occupancy ordinances would be reviewed and recommendations for changes/additions/deletions
could be made. The subject of over-occupancy in both single family homes and all types of rental
properties have been a growing issue and concern in the community and generates many calls from
residents. On May 9,2006, staff members met with the City Council and presented a draft of an
occupancy ordinance that had been developed with the assistance of the City Attorney's office. After
Council reviewed the draft ordinance in May, the City Council requested that staff better define what
the minimum size of a bedroom can be per the Building Code and to include that cross reference
within the body of the draft ordinance. The Building Code does not specifically define "bedroom" but
rather defines what is considered to be a "habitable room" so that language has been added to the
draft ordinance. Since the 2006 May meeting, staff has met several times, including meeting with the
City Attorney, to revise the draft ordinance. Staff metrecently as a team and identified the pros and
cons of the draft ordinance and will review and discuss them with the City Council.
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July 10, 2007
Public Safety Director Scott added the proposed ordinance is attempting to be easily
understood and easily accessible.
Julianne Schwietz, consultant, reviewed the intent and focus of the ordinance change,
including:
· To prevent overstressing the limits of home/neighborhood/building systems.
· To work with ordinance language that doesn't attempt to define what is a "family" but
rather to respect all people living together in whatever relationship they have together.
· To avoid an ordinance that defines the maximum number of residents that can occupy a
home by requiring a system that involves the measurement of the physical space.
· To align more closely with HUD occupancy standards used in Section 8, which is generally
accepted and thought of as a reasonable standard by which to base occupancy issues at
the federal level.
Ms. Schwietz also reviewed the pros and cons related to the proposed ordinance.
Council Member Sandahl arrived.
Health Administrator Osborn reviewed the ordinance sections related to minimum space, use
and location requirements, exceptions and the appeal process.
Health Administrator Osborn stated enforcement will never be fool-proof because of the
human element and the difficulty in. monitoring.
Council Member Rosenberg stated there is a critical safety issue in homes with two to three
families living in the residence. There needs to be an aggressive review of the stresses on the
neighborhood. She .said the proposed ordinance was good, but enforcement may be difficult.
Health Administrator Osborn stated the family relationship is no longer a consideration but
rather the number of bedrooms and one multi-purpose room. An egress window is required if a room
in the basement is called a bedroom. The proposed ordinance is fair to all people and cultures but
may allow more people in a home than the current ordinance.
Council Member Wroge said the ordinance appears unenforceable in dealing with over-
occupancy and neighborhood stress.
Public Safety Director Scott stated this approach is not fool-proof but the best answer and
system to address these issues. When a complaint is received, the proposed ordinance will assist in
responding.
Council Member Wroge asked about including square footage requirements.
Public Safety Director Scott said it is included but the ordinance is an attempt to not need a lot
of technical information and be practical. Family relationships are difficult to prove.
Health Administrator Osborn stated other cities are struggling with how to handle over-
occupancy issues and most are ignoring it.
Council Member Sandahl said the proposed ordinance is a good step and works better.
Thomas Glass, 7320 Pleasant Avenue, asked about what happened when complaints are
received. He distributed a list of police calls for 7326 Pleasant Avenue and a petition from neighbors
listing complaints at the residence.
Public Safety Director Scott said the discussion related to multiple calls was next on the
agenda.
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July 10, 2007
Health Administrator Osborn explained the process followed on complaints.
Kathleen Glass, 7320 Pleasant Avenue, asked about parking issues.
Health Administrator Osborn stated there is no limit on the number of parked cars and
reviewed what is required to be in compliance.
Mary Jensen, 7316 Pleasant Avenue, suggested a certain limit of square footage per person
for the home. The neighborhood and the actual home are being stressed due to over-occupancy.
Julianne Schwietz, consultant, said space is limited by minimal area.
Council Member Wroge expressed concern with basement and/or attic expansions.
City Manager Devich asked about the addressing of adequate bathroom facilities.
Health Administrator Osborn explained the caution in trying to identify the bathroom
adequacy.
Ms. Schwietz stated the possibility to create an ordinance to regulate bathroom adequacy was
considered but research was not found. It is not provable that a bathroom can support only a certain
number of people.
Public Safety Director Scott requested the City Council provide direction to staff regarding
continuing with the proposed ordinance. Many cities are dealing with parking issues.
Council Member Sandahl asked about the Federal Housing Administration (FHA) requirement
of a bedroom having a closet.
Leased Housing Specialist Chambers explained the Section 8 Housing and Urban
Development (HUD) requirement of a certain number of electrical outlets and an overhead light in a
bedroom. She said she was not familiar with the FHA requirement.
Council Member Rosenberg asked about the legal parameters for the proposed ordinance.
City Attorney Thomson explained the purpose of the ordinance is to address public health,
welfare and safety related to overcrowding. She said a more common approach is to determine
occupancy based on the minimum floor area per occupant calculation. The ordinance needs to be
defensible, needs to approximate safety and health standards but not be exclusively or overly
restrictive against certain situations.
Council Member Rosenberg said the ordinance should be as strict as possible.
The City Council consensus was to continue with the ordinance and review the inclusion of
requiring a closet in a bedroom.
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Item # 2 DISCUSSION REGARDING MULTIPLE POLICE CALLS TO RESIDENCE
Due to time constraints, the City Council consensus was to continue this item to the Special
City Council Worksession following the Regular City Council Meeting.
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Item # 3 DISCUSSION. REGARDING RECREATIONAL FIRE ISSUES, POLICIES AND
RESTRICTIONS (COUNCIL MEMO NO. 116)
Due to time constraints, the City Council consensus was to continue this item to the Special
City Council Worksession following the Regular City Council Meeting.
City Attorney Thomson stated the City Council would be going into a Special Closed Executive
Session to discuss airport litigation and potential settlement options. Attorney-client confidentiality is
necessary.
I ADJOURNMENT
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Recording Secretary