09-25-07 Worksession
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CITY COUNCIL MINUTES
Richfield, Minnesota
Special Worksession
September 25, 2007
I CALL TO ORDER
The meeting was called to order by Mayor Goettel at 5:35 p.m.
I ROLL CALL
Members Present:
Debbie Goettel, Mayor; Sue Sandahl; Bill Kilian; Fred Wroge; and Susan
Rosenberg.
Staff Present:
Steven Devich, City Manager; Dan Scott, Public Safety Director; Bruce
Palmborg, Community Development Director; Mike Eastling, Public Works
Director; Brad Sveum, Fire Services Director; Bill Fillmore, Municipal Liquor
Operations Director; Rick Regnier, Chief Building Official; Todd Sandell,
Police Lieutenant; Mike Koob, Police Lieutenant; Betsy Osborn, Health
Administrator; Charlie O'Brien, Code Compliance Specialist; Lynnette
Chambers, Leased Housing Specialist; Cheryl Krumholz, Recording
Secretary; Corrine Thomson, City Attorney; and Mary Tietjen, City Attorney.
Others Present:
Julianne Schwietz, Consultant.
Item #1
DISCUSSION REGARDING PROPOSED ORDINANCE RELATED TO HOUSING
CODE, WITH FOCUS ON OCCUPANCY PROVISIONS (COUNCIL MEMO NO. 175)
City Attorney Thomson reviewed the proposed ordinance amendments relating to
enforcement of the Housing Code; appeals of violations; sanitation requirements; and minimum
space and occupancy requirements. The changes requested by the City Council were included, plus
a new, amendment regarding minimum standards for basic equipment and facilities.
Mayor Goettel asked about basement space restrictions for children sleeping in the area,
especially the ability to escape.
Chief Building Official Regnier explained the requirements for a basement egress window is
the same requirement for each floor.
Mayor Goettel asked about consequences for enforcement.
City Attorney Thomson stated the penalty is not being changed and that it is generally a
misdemeanor offense.
Council Member Rosenberg asked about the process when staff receives a complaint.
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September 25, 2007
Public Safety Director Scott explained the process on how complaints are handled.
Council Member Kilian asked if any occupancy issues this year have been found to be a
violation.
Code Compliance Specialist O'Brien said no, there have not been violations with the square
footage requirements.
Council Member Kilian noted that expectations should not be set that this ordinance is a cure
all. He asked about how room size is determined.
Code Compliance Specialist O'Brien stated assessing records are used for some information.
City Attorney Thomson stated public access to property records do not indicate room size.
Public Safety Director Scott said the ordinance previously was based on three unrelated
people residing in the home, the proposed ordinance is based on the number of people who can
safely be in a home.
City Attorney Thomson discussed the confusion and public perception that a home is over
occupied when it usually is not violating the standards. It is usually an issue of people's conduct
which is addressed in another ordinance. The zoning code has its own occupancy requirements
based upon zoning districts. The occupancy ordinance only deals with the number of people that can
safely be in a dwelling unit.
City Attorney Thomson said the proposed ordinance is important in assisting Public Safety
and Inspections in facilitating their review and enforcement in investigating and explanations. This is
one of several tools to assist in livability issues.
Council Member Sandahl said the number of cars may give a perception of over occupancy.
City Attorney Thomson explained that was a zoning issue.
Mayor Goettel asked if the occupant is required to let Public Safety in the door.
Public Safety Director Scott said no, unless there is a warrant.
Council Member Wroge stated he favored the ordinance but questioned the actual handling of
the complaints.
Public Safety Director Scott reviewed the investigative process.
Council Member Kilian questioned the legality of a single family home listing two families on
the deed.
City Attorney Thomson explained properties have to comply with the zoning code. The
Federal Fair Housing Act needs to be considered. It is difficult to define family because of changing
cultures. The occupancy ordinance never had a reference to family, only the zoning code for single-
family or multi-family zoning districts. Changes to the zoning code will be coming before City Council
consideration in the future.
City Attorney Thomson explained the property must function/operate as a common household.
One roomer in a single-family dwelling is not a zoning violation and a conditional use permit is not
required as long as it's functioning as a common household.
City Attorney Thomson suggested the people who contact the City Council with these
complaints should be asked to call Public Safety directly so if additional questions/answers are
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September 25,2007
needed, there is first-hand knowledge. Residents should be encouraged to have an active role in
establishing relationships with staff.
Public Safety Director Scott suggested that if the caller believes adequate service was not
provided they should call the Public Safety Director or the City Council.
Council Member Sandahl asked if the housing stock survey conducted in the past included the
number of bedrooms.
Council Member Wroge said he recalled that it did. He stated many people call him with
complaints and don't call Public Safety directly because of the fear of retaliation.
City Attorney Thomson explained that, under law, it is confidential information on who makes
the complaint about the use of property.
Health Administrator Osborn stated that information is provided to people who call.
City Attorney Thomson said the rental licensing code is also being reviewed to address other
aspects of housing issues.
The City Council consensus was to proceed with the proposed ordinance amendment.
Item # 2 DISCUSSION REGARDING PROPOSED ORDINANCE RELATED TO REPEAT
CALLS TO PROPERTY FOR NUISANCE CONDUCT (COUNCIL MEMO NO. 176)
Mary Tietjen, Kennedy & Graven, reviewed the purpose of the proposed ordinance is to define
the nuisance type calls, impose a financial penalty on the owner or occupant (or both) of the property,
set guidelines for imposing such fees, and establish appeal rights to the individuals (owners or
occupants, or both).
Public Safety Director Scott discussed the inclusion of property maintenance code
enforcement and the tracking program mechanisms for environmental health, inspections and police
calls.
Council Member Wroge suggested the ordinance be changed to meet the intent of the law
related to the placement of garbage cans.
Council Member Wroge asked about the cost of an administrative hearing and that it be
included in the ordinance.
Mayor Goettel expressed support for the proposed ordinance.
Council Member Rosenberg discussed imposing extra licensing fees on dangerous dogs,
especially pit bulls.
Code Compliance Specialist O'Brien explained it is illegal to have a breed selection ordinance.
The City meets the dangerous dog statutory requirements and a licensing fee is charged.
City Attorney Thomson reiterated that State law prohibits the City from prohibiting breed
specification. State Statute defines dangerous and potentially dangerous dogs. The City can adopt a
stricter ordinance for potentially dangerous dogs.
City Attorney Thomson stated the discussion of dangerous dogs is not a specific item on
tonight's agenda so she suggested the City Council defer continued discussion to a future
Worksession.
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September 25, 2007
Council Member Wroge asked about the property owner holding the occupant responsible for
the nuisance conduct fees.
Ms. Tietjen discussed the property tax abatement option.
Public Safety Director Scott added that either the property owner or occupant option to collect
the fees is available.
The City Council consensus was to move forward with the property ordinance and to discuss
garbage can location and dangerous dog ordinance amendments at a future meeting.
I ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:40 p.m.
~
even L. Devich
City Manager
Date Approved: October 9" 2007
u ~
Cheryl ~IZ .
Recording Secretary