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MINUTES
COTTAGE GROVE CITY COUNCIL May 3, 2017
COUNCIL CHAMBER
12800 RAVINE PARKWAY SOUTH
REGULAR MEETING - 7:00 P.M.
1. CALL TO ORDER
The City Council of the City of Cottage Grove, Washington County, Minnesota, held a
regular meeting on May 3, 2017, at Cottage Grove City Hall, 12800 Ravine Parkway.
Mayor Bailey called the meeting to order at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
The audience, staff, Mayor, and City Council Members recited the Pledge of Allegiance.
3. ROLL CALL
The following were present: Mayor Myron Bailey, Council Member Steve Dennis,
Council Member Wayne Johnson, Council Member La Rae Mills, and Council Member
Dave Thiede.
Also present were: Charlene Stevens, City Administrator; Korine Land, City Attorney-
LeVander, Gillen & Miller, PA; Les Burshten, Public Works Director; Joe Fischbach/HR
Manager/City Clerk; Jennifer Levitt, Community Development Director/City Engineer;
Robin Roland, Finance Director; Pete Koerner, Police Captain; Bob LaBrosse, Chief
Building Official; Samantha Drewry, Code Enforcement Officer.
4. OPEN FORUM
Mayor Bailey asked if anyone in the audience wished to address the Council on any
item that was not on the agenda.
As no one wished to address the Council, Mayor Bailey closed the open forum.
5. ADOPTION OF AGENDA
Motion by Council Member Mills, second by Council Member Thiede, to adopt the
agenda. Motion carried: 5-0.
6. PRESENTATIONS — None.
CITY OF COTTAGE GROVE • 12800 Ravine Parkway • Cottage Grove, Minnesota 55016
www.cottage-grove.org • 651-458-2800 • Fax 651-458-2897 • Equal Opportunity Employer
City Council Meeting Minutes
May 3, 2017
Page 2
7. CONSENT AGENDA
A. Approve the April 5, 2017 City Council Regular Meeting Minutes.
B. Approve the April 19, 2017 City Council Regular Meeting Minutes.
C. Accept and place on file the March 20, 2017 Public Services Commission
Meeting Minutes.
D. Receive and place on file the approved minutes of the March 27, 2017,
Planning Commission meeting.
E. Adopt Resolution 2017-058 proclaiming National Police Week 2017.
Locally there are two memorial services held: Washington County
Sheriff's Office Law Enforcement Memorial Day, Date: May 15, 2017, at
12 noon, Location: Washington County Historic Court House, 101 W. Pine
Street, Stillwater, MN; Minnesota Law Enforcement Memorial Services,
Date: May 14-15, 2017 Location: Peace Officers' Memorial at the State
Capitol, 20 12th Street, St. Paul, MN.
F. Adopt Resolution 2017-059 proclaiming May 21-27, 2017 as National
Public Works Week.
G. Adopt Resolution 2017-061 accepting donations made to the City during
the period January 1 to March 31, 2017.
H. Approve the Purchase Agreement with 5th Street Ventures, LLC in the
value of$148,500 for the West Point Douglas Road property to be used
for the Belden Sanitary Lift Station Improvements Project.
I. Adopt Resolution 2017-066 providing concurrence for awarding the CSAH
19 Roundabout & East Point Douglas Road Improvements to Max
Steininger, Inc. for a total bid amount of$6,146,420.68, which includes the
Base Bid and Bid A.
J. Adopt Resolution 2017-067 Supporting Local Decision-Making Authority.
Council Member Dennis wished to pull Items E and G, and Council Member Johnson
wished to pull Item F for further comment and/or discussion; Mayor Bailey explained
Item J was a late addition so he wished to pull that for an explanation.
Council Member Dennis read the proclamation for National Police Week, May 14-20,
2017, and Peace Officers' Memorial Day on May 15. Council Member Dennis stated
that while no police officers from Minnesota would be added to the National Law
Enforcement Memorial for 2016, there were 144 police officers who died last year
across the nation. Staff from the Cottage Grove Police Department will attend the
Peace Officers' Memorial Day service held at the Minnesota Peace Officers' Memorial
in St. Paul, Minnesota, on Monday, May 15, 2017. He urged all Cottage Grove
residents and civic organizations to salute our dedicated law enforcement officers in our
community and in communities across the nation.
Council Member Johnson read aloud the proclamation for National Public Works Week,
May 21-27, 2017. He stated he is the liaison for Public Safety, which includes Public
City Council Meeting Minutes
May 3, 2017
Page 3
Works, and he knew how hard they worked and what they bring to the community. He
requested the Mayor and Council affirm the proclamation tonight; he asked the citizens
to stop and say thank you whenever they see a Public Works employee.
Council Member Dennis stated he wanted to recognize individuals and companies who
had stepped up to make very generous donations to the City of Cottage Grove; tonight
he acknowledged donations received from January 1 to March 31, 2017, by category:
Inclusive Playground: Sandra K. Fuller, $2,000; the Eagan Lions Club, $2,500; Kraus-
Anderson Construction, $2,500; Marine/Scandia Lions Club, $1,000; Eileen and Steven
Colvin, $1,000; LSP Cottage Grove, LP, $1,000; Werner Electric, $1,000; St. Paul Park
Lions, $5,000; Dawn Rankin, $240.
Snowmobile & Trail-Grooming Equipment: Conway and Katherine Olson, $11,000.
Safety Camp Donations: Borst Construction, $50; KOK Funeral Home, $50; Werner
Electric, $200; T Mann Excavating, $25; Custom One Homes, $100; HealthPartners,
$200; LSP Cottage Grove, LP, $1,000.
Arts Commission: Former Council Member Justin Olsen, $250.
Council Member Dennis stated the City appreciated all of the donations received, which
totaled $29,115, and thanked those who had donated.
Mayor Bailey stated Item J was a late addition, but he hoped the Council would vote on
the Resolution this evening. As he's also on the Metro Cities Board of Directors, he
follows the League of Minnesota Cities, and there's been some concern by many on
attempts to take away local control in different areas. Mayor Bailey asked the Council
to support a resolution from the League of Minnesota Cities, which he read aloud. He
stated the one nice thing being at the local level is partisanship; the citizens come to us
with their problems and concerns. He'd prefer that if the State sets policies and
procedures in an attempt to restrict local government, that the Council would support
local decision-making ability and oppose legislation that removes the ability for local
elected officials to respond to the needs of their businesses and constituents.
Administrator Charlene Stevens stated if the Resolution was approved by the Council
this evening, it would be sent to the State delegates and to the League of Minnesota
Cities.
Council Member Dennis asked what effect we think we could reasonably achieve with
this Resolution. Mayor Bailey stated that they've heard it is having an effect because so
many cities are now indicating their concerns. Administrator Stevens stated there are
bills proposed regarding the City's ability to regulate rights of way and usage of rights of
way, which certainly impacts how we can do things at the local level, as well as some of
our revenue sources. The League has used these types of Resolutions in the past, and
it assists the League as they meet with legislators in reminding them of local control; it
helps the League lobby on behalf of Minnesota cities of all sizes. If not reversed, this
could lead to more State control over local decision making, whether that's budgetary or
zoning or land use decisions.
City Council Meeting Minutes
May 3, 2017
Page 4
Council Member Johnson felt this was a reaction to something that a City did; he stated
the first line on the Resolution left it very open. He felt the wording was too wide
ranging, saw it as a partisan issue, and felt it was a reactionary issue. He stated he was
uncomfortable voting on it tonight.
Council Member Thiede stated when he first read it he thought it was pretty black and
white. He received a few calls and other things started getting interjected. Council
Member Thiede felt he'd much rather have control of making decisions on things that
affect the City. Based on that, he was okay with making a statement that we'd want to
control our decision making.
Council Member Mills stated she'd spoken to the legislators about some of this; she
completely supported adopting the Resolution. She felt the City should have control to
make decisions; if the State starts putting too many restrictions on things, it could cause
major problems.
Council Member Johnson stated it concerns him about leaving things out; he thought
the Council did so much to make sure we're all on the same page and how things were
going to happen. He felt they need to think about how this could be used in the future.
The Council answers to its citizens, but Council can do things that not everybody agrees
with; something this open ended just had him concerned about the impression and
message it gives to the citizens, whom we're supposed to be serving.
Mayor Bailey stated he would pull Item J from the Consent Agenda and the Council
could vote on that separately. He stated he didn't know what the future would hold with
the next Mayor and Council, but things change over time. Mayor Bailey stated there
were pieces of the legislation that really concerned him regarding restricting the ability
of the City to do franchise fees or letting cell phone companies put cell towers or cell
receptors anywhere they wanted without the City having input. Some items with this
legislation have already fallen to the wayside, and he hopes maybe by the time it's all
done they'll hone on just a couple things. Mayor Bailey felt right now it was so broad
and so far reaching that the State needs to understand where we're coming from.
Motion by Council Member Thiede to approve the Consent Agenda, without Item J;
second by Council Member Dennis. Motion carried: 5-0.
Motion by Council Member Mills on Item J, to Adopt Resolution 2017-067 Supporting
Local Decision-Making Authority, second by Council Member Thiede.
Motion carried: 4-1 (Nay by Council Member Johnson).
8. APPROVE DISBURSEMENTS
A. Approve payment of check numbers 200597 to 200719 in the amount of
$324,157.01 and EFT Payment of$434,452.36.
City Council Meeting Minutes
May 3, 2017
Page 5
Motion to approve disbursements by Council Member Thiede, second by Council
Member Dennis. Motion carried: 5-0.
9. PUBLIC HEARINGS
A. Agreement for Final Land Transfer, Replacement and Financial
Satisfaction within Cottage Grove Ravine Regional Park
Staff Recommendation: 1) Hold the Public Hearing on the transfer of
ownership of Outlot 8, Eagle Ridge Addition, from the City of Cottage
Grove to Washington County. 2) Adopt Resolution 2017-062 approving
the ownership transfer of Outlot 8, Eagle Ridge Addition. 3) Approve the
Land Transfer Agreement between the City of Cottage Grove and
Washington County. 4) Approve the Warranty Deed for Outlot 8, Eagle
Ridge Addition. 5) Approve the Warranty Deed for Outlot 8, Brown Farm
Addition. 6) Approve the Quit Claim Deed for Outlot A, Cottage Grove
Ravine Addition. 7) Approve the Quit Claim Deed for Lot 1, Block 1, and
Outlot G, Cottage Grove Ravine Addition.
Community Development Director/City Engineer Jennifer Levitt reviewed the history
between Washington County and the City of Cottage Grove when it was determined
they'd be carving out acreage from the actual Cottage Grove Ravine Regional Park.
The County had to remove 17.7 acres of park land from the park, but the Metropolitan
Council requires the land be replaced on a one-for-one exchange. In 2004, the land
was removed from the park and needed to be replaced. The City of Cottage Grove took
out an area and when we potentially move forward with the HERO Center, we actually
need to replace that land. The City of Cottage Grove still has a debt to the replacement,
4.2 acres, the parcel for the City Hall site, and 9.16 acres for the area to the north of
City Hall. Tonight's public hearing is related to the replacement land for the two City
outlots. Washington County and the City of Cottage Grove have previously purchased
other lands adjacent to the park, approved by the Metropolitan Council. The public
hearing is for a piece of land, 7.22 acres, the Eagle Ridge Addition, which was
dedicated through the platting process and is adjacent to the park; Washington County
has reviewed that and feels it is an important piece of land to be added to the park and
they'd be actively managing it. Earlier this year, the City Council actually acquired two
acres, immediately adjacent to the Cottage Grove Regional Park, which will be
transferred to Washington County; however, there's still a deficit.
Mayor Bailey opened the public hearing. As no one wished to speak on this item,
Mayor Bailey closed the public hearing.
Motion by Council Member Thiede to Adopt Resolution 2017-062 approving the
ownership transfer of Outlot B, Eagle Ridge Addition, second by Council Member Mills.
Motion carried: 5-0.
Motion by Council Member Thiede to approve the Land Transfer Agreement between
City Council Meeting Minutes
May 3, 2017
Page 6
the City of Cottage Grove and Washington County, second by Council Member Dennis.
Motion carried: 5-0.
Motion by Council Member Thiede to approve the Warranty Deed for Outlot B, Eagle
Ridge Addition, second by Council Member Mills. Motion carried: 5-0.
Motion by Council Member Mills to approve the Warranty Deed for Outlot B, Brown
Farm Addition, second by Council Member Thiede. Motion carried: 5-0.
Motion by Council Member Dennis to approve the Quit Claim Deed for Outlot A, Cottage
Grove Ravine Addition, second by Council Member Thiede. Motion carried: 5-0.
Motion by Council Member Johnson to approve the Quit Claim Deed for Lot 1, Block 1,
and Outlot G, Cottage Grove Ravine Addition, second by Council Member Thiede.
Motion carried: 5-0.
B. Villas of Hidden Valley
Staff Recommendation: 1) Hold the Public Hearing to vacate and
discontinue all existing easements located on Tract A, Registered Land
Survey No. 50. 2) Adopt Resolution 2017-063 approving the vacation and
discontinuance of the easements shown on Tract A in Registered Land
Survey No. 50, and authorize the City Clerk to prepare a notice to be
presented to the Washington County Auditor regarding the completion of
the proceedings herein. 3) Adopt Resolution 2017-064 approving the
Villas of Hidden Valley final plat. 4) Approve the Development Agreement
with Harkness Properties Homes. 5) Approve the Stormwater Easement
with MJR Rentals Homes. 6) Approve the Road Maintenance Agreement
with Harkness Properties Homes. 7) Adopt Resolution 2017-065
approving the Plans and Specifications for the Villas of Hidden Valley
project.
Director/Engineer Levitt stated the Council had already approved the preliminary plat for
the Villas of Hidden Valley. As the survey work was being undertaken for the plat, it
was discovered that there were actually two easements, adjacent to the north and south
property lines. She explained the public hearing would need to be held to vacate those
two easements and then the Council would need to take additional actions, as above.
Mayor Bailey opened the public hearing. As no one wished to speak on this time,
Mayor Bailey closed the public hearing.
Motion by Council Member Thiede to Adopt Resolution 2017-063 approving the
vacation and discontinuance of the easements shown on Tract A in Registered Land
Survey No. 50 and authorize the City Clerk to prepare a notice to be presented to the
Washington County Auditor regarding the completion of the proceedings herein; second
by Council Member Mills. Motion carried: 5-0.
City Council Meeting Minutes
May 3, 2017
Page 7
Motion by Council Member Thiede to Adopt Resolution 2017-064 approving the Villas of
Hidden Valley final plat, second by Council Member Dennis. Motion carried: 5-0.
Motion by Council Member Johnson to approve the Development Agreement with
Harkness Properties Homes, second by Council Member Thiede. Motion carried: 5-0.
Motion by Council Member Dennis to approve the Stormwater Easement with MJR
Rentals Homes, second by Council Member Mills. Motion carried: 5-0.
Motion by Council Member Mills to approve the Road Maintenance Agreement with
Harkness Properties Homes, second by Council Member Thiede. Motion carried: 5-0.
Motion by Council Member Dennis to Adopt Resolution 2017-065 approving the Plans
and Specifications for the Villas of Hidden Valley project, second by Council Member
Thiede. Council Member Johnson asked why Mike Rygh had so many different
companies involved to get this project done; Director/Engineer Levitt stated the
Applicant has numerous entities with whom he does business. Those various parties
will be responsible to set these forth; that's the way the developer had chosen to
distribute the roles and responsibilities. Motion carried: 5-0.
10. BID AWARDS
A. 2017 Joint Cities Seal Coating Project
Staff Recommendation: Adopt Resolution 2017-060 awarding the 2017
Seal Coat Project to Asphalt Surface Technologies Corporation in the
amount of$176,296.25. This project includes the Cities of Cottage Grove,
Newport, St. Paul Park, and Denmark Township.
Engineer Levitt stated the bid that they're recommending be awarded is for$176,296.25
to Asphalt Surface Technologies Corporation; the City of Cottage Grove's portion is
$63,777. Cottage Grove will be administering the contract and will then collect
administration fees from the Cities of Newport, St. Paul Park, and Denmark Township.
Motion by Council Member Johnson to Adopt Resolution 2017-060, second by Council
Member Dennis. Motion carried: 5-0.
11. REGULAR AGENDA— None.
12. COUNCIL COMMENTS AND REQUESTS
Council Member Mills stated that the Fare ForAll will take place next Thursday, May 11,
at All Saints Lutheran Church; produce and meat products will be for sale at reasonable
prices. It's open to the public.
City Council Meeting Minutes
May 3, 2017
Page 8
Council Member Mills wanted to thank the Arts Commission for their hard work and their
efforts in putting things together for the City of Cottage Grove.
Council Member Dennis stated Saturday, May 6, is the Cottage Grove Spring Clean Up
Day; it's a great opportunity for people to discard their used household goods, tires,
batteries, hazardous materials, and electronics. The hazardous materials and
electronics are accepted free of charge. Appliances, furniture, car batteries will also be
accepted for a small fee. This event is held at the Cottage Grove Public Works garage
at 8635 West Point Douglas Road South; if there are any questions, call the Public
Works Department at 651-458-2808.
Council Member Dennis stated Acacia Lodge #51 will have a pancake breakfast
fundraiser at 11094-70th Street South, which is off of Lamar Avenue and 70th Street.
The proceeds will benefit some scholarships for School District 833. He stated the food
is excellent, it's a worthy cause, and encouraged people to attend.
Council Member Dennis stated there had been a number of Comcast outages in the
community, and he had asked if staff could reach out to Comcast to find out what had
been going on. Administrator Stevens stated Comcast was contacted through the
Cable Commission; they were told that what citizens can do in those situations is to
make sure that they had contacted Comcast directly. If not successful, they should
contact the Cable Commission because they hold the franchise and can work through
that. As far as the cause of the outages, they didn't have a specific answer when
asked. City staff has been trying to work with the Cable Commission on how to better
publicize information with Comcast to remind citizens what to do during an outage;
Communications Coordinator Madsen is working on that. Council Member Dennis
asked that we put that information in the City newsletter.
Council Member Thiede stated there's only about a month and a half until the
Strawberry Fest. This year the theme is "Around the World in Berry Days," and there
are berry festivals all around the world. They felt perhaps people might want to tell the
public what this festival is like in another part of the world; they're looking for people to
sign up and get the opportunity to be at the front of the parade as the parade marshals.
There's a Strawberry Fest Facebook page, and Communications Coordinator Madsen
is going to put some information on the City website pages, etc. He encouraged people
to contact the Strawberry Fest via email to cottagegrovestrawberryfest.org or contact
Council Member Thiede directly.
Council Member Johnson stated there will be a blood drive at City Hall on June 5; he
encouraged people to get out there and donate blood, as there are always people in
need.
Council Member Johnson stated when Strategic Planning was done, one of the
items was how do we get the message about Cottage Grove out to other communities
to bring in business. One of the ideas was reaching out to the Ice Arena to see if we
could do more advertising there. Administrator Stevens stated Coordinator Madsen is
City Council Meeting Minutes
May 3, 2017
Page 9
working with the Ice Arena manager on what options are available; that should be
happening shortly.
Mayor Bailey stated the Primrose groundbreaking will take place on May 4, at 70th
Street and Hinton Avenue.
Mayor Bailey stated former Fire Station 2 on 80th Street has been taken down, and
there will be an official groundbreaking on Tuesday, May 9.
Mayor Bailey stated they will be doing the groundbreaking for the Inclusive Playground
on May 10, at Woodridge Park.
Mayor Bailey stated the Youth Service Bureau is having their first gala at the Lake Elmo
Inn on May 18; there is a branch in Cottage Grove, so he encouraged everyone to
check their website for details.
Mayor Bailey stated also on May 18 there will be a Night to Unite informational picnic at
Kingston Park; pizza, cookies, and pop are usually served, and that will be your
opportunity to learn about Night to Unite and sign up to have a block party.
13. WORKSHOPS — OPEN TO PUBLIC
A. Rental Ordinance Amendment
Staff Recommendation: Review of proposed ordinance amendment to
City Code Title 9-7 relating to the Structure and Property Maintenance
Codes.
Director Levitt stated that Samantha Drewry, the new Code Enforcement Officer, was
present to give the background and outline the Ordinance amendment.
Code Enforcement Officer Drewry stated the reason the City had a Rental Ordinance
was to provide a standard for rental properties and to protect the health and safety of
tenants living in the rental homes; one way the City does that is to provide rental
inspections. When the inspections are done, they look for functioning smoke detectors,
carbon monoxide detectors, egress windows, as well as other health and safety issues.
There are approximately 500 single-family properties that are rentals in the City; the City
requires that the property owner obtain a rental license from the City if their home is
going to become a rental property. There are also eight multi-family rental complexes,
which consist of 723 total units in multiple buildings.
The general purpose of the revision to the Ordinance is to make it easier for City
employees and citizens to interpret; it should also serve for improved management and
promotion of rental properties in the City. The current Rental Ordinance is a bit out of
date; it was adopted in 1993 and revised in 2007. We're using the 2003 International
City Council Meeting Minutes
May 3, 2017
Page 10
Property Maintenance Code for the already existing residential properties, as well as the
rentals. Since 2003, there have been two revisions so there's now a 2015 version
available. The City will now be using the most up-to-date International Property
Maintenance Code for all properties.
There have been struggles with interpretation of the current Ordinance, so we would
like better language and organization. As the number of rental properties grow in the
City, we should have the Ordinance evolve for better management of the properties.
She reviewed some of the requested changes, and went on to explain each.
In addition, the following changes are being requested:
-Separation of the Property Maintenance Code from the Rental Code, as right now it's
embedded in the Rental Code and is not very specific. The revised code would
separate those into two different sections, with each having their own purpose
statements.
-Owners and/or Property Managers will need to be present at inspections.
-Adding the definition of the word "family". Currently, the Ordinance states if an
immediate family member is renting the home, Washington County will classify it as a
"Relative Homestead" property. The City requires a rental license if compensation is
exchanged.
-Currently, there's no limit to the number of tenants that can be in a home. We would
like to have some sort of limit to the number of tenants. The proposal is to define family
and add that definition to a dwelling unit; the proposed definition is those persons legally
related to each other in a linear relationship, such as spouses, grandparents, parents,
children, grandchildren, and siblings. Family does not include branching relationships,
such as aunts, uncles, or cousins. By defining family and adding that to the definition of
dwelling unit, which is a single-family dwelling or portion of a dwelling, detached
structure, garage designed for occupancy by one family, that will no longer require a
rental license for certain family living situations. It will eliminate the need for the City to
be checking on the Relative Homesteads. The City will encourage if you're renting your
home to a family member, you change your home to a Relative Homestead with
Washington County; essentially, it's one less thing for the City to check on.
-A license will be required regardless of compensation being exchanged, and the City
will now limit unrelated persons in the home to not more than five people. We want to
make sure we have a limit on that. Discussion ensued amongst Council Members
regarding Hmong families, who might be in violation of the Ordinance. Attorney Kori
Land stated other communities have Rental Ordinances with fewer family members
allowed and it's not become an issue, as the City is unaware of the number of people
living there. It may become an issue if other code violations occur with many vehicles,
etc., at which time the City learns of the violation when a report is made. As long as the
residence is owner occupied and no one is paying rent, the number of people living
there is not limited to five.
-Background checks and investigations on property owners. Currently, the City does
not do that for homeowners. It is required by State Statute that any Property Manager
needs to do a background check; this applies more to the multi-family complexes who
City Council Meeting Minutes
May 3, 2017
Page 11
have a property management company running things. For single-family homes,
there's nothing that would require a property owner to submit to a background check.
The new proposal would require all rental property owners to submit a criminal history
report from the Bureau of Criminal Apprehension with their rental application. Several
local Cities already have this in place. The cost is approximately $15 to $20, and the
owner would have to obtain the criminal history themselves; we're not going to require
the Police Department to do the criminal background checks. If they fail the background
check, they will simply not apply for the license. Much discussion ensued amongst
Council Members, staff inembers, and Attorney Land regarding the background check
process and possible different scenarios. Mayor Bailey requested a list of some more
cities that currently do background checks on property owners. Code Enforcement
Officer Drewry was asked to obtain the number of rental units in neighboring cities for a
comparison.
-License Term currently runs January 1 through December 31, and is a two-year
license. We'd like to change the term from March 1 through February 28/29, as
inspections need to be completed by the end of February even though the license may
have expired at the end of December. By changing the term, we're avoiding the license
lapse.
-New City Council Responsibilities: All licenses need approval by the City Council; they
will likely occur in batches every month on the Consent Calendar. Most will fall between
November and March; there are approximately 250 renewals per year. The Council will
also be responsible for denial of rental license and revocation. If the citizen wants to
appeal the denial or revocation that could result in a hearing. The Council would also
be responsible for approving provisional licenses. Provisional licenses can be granted
to someone who hasn't passed their inspection, which may give them a shorter license
term or cause them to have an inspection every six months instead of every two years.
Ultimately, if they're not meeting the criteria, their license can be revoked or their next
license can be denied. Council Member Thiede asked why this would need to go before
the Council; he was informed all licenses should be approved by the Council and
Attorney Land stated it was a surprise to her to learn that they're not. By State Statute,
the Council is afforded that authority and it should not be delegated to staff. It will be a
Consent Agenda item 99% of the time because most of the rental licenses are going to
be approved. If the recommendation is to deny the license, that denial will need to
appear on the regular agenda. You need to afford the person who's being denied the
opportunity to be heard. If the recommendation is to deny, they will be notified of that,
and they need to be afforded a hearing. If the person decides they don't want the
license, they can just withdraw their license application and don't need to appear before
the Council. Council Member Thiede asked if this process would start delaying a
person's ability to get their license; Administrator Stevens stated potentially the delay
could be two weeks. Council Member Thiede stated he'd like a list of the licenses that
would ultimately begin coming before the Council. He was advised everything should
be coming before the Council; he wanted to know how many there will be. Council
Member Johnson asked Attorney Land if most other cities do this; he was advised that
yes, they do. Mayor Bailey asked how this went on for so long; he was advised that
was unknown but it would be corrected.
City Council Meeting Minutes
May 3, 2017
Page 12
-Accessory dwelling units and/or apartments will no longer require a rental license,
which can have a completely separate entrance; it could also be a basement with the
same common entrance. It's very difficult to specify and have different licenses for all
these types of accessory units; generally, those are being rented to family members, so
those would not need a license. There are very few of these in the City.
-Conduct in Rental Dwellings: The current Ordinance has no stipulations regarding
tenant conduct. The City currently has no power to remove problem tenants from the
property. By adding a Code of Practice, the City will require rental property owners to
remove any problem tenants who violate the Code; multiple noise violations, violations
of laws relating to disorderly conduct, possession of controlled substances, violations of
liquor laws pertaining to minors, etc. The Minnesota Crime Free Lease Addendum is
something that every tenant will have to sign; it's very beneficial in assisting removing
problem tenants. Captain Koerner stated the Lease Addendum was very helpful in
alleviating problems at the Parkside Apartment complex in the City.
Code Enforcement Officer Drewry asked if there were any questions; Mayor Bailey
asked if a property owner was told their rental license was going to be revoked, what
would stop that owner from renting the property to somebody else. The City will work
with the tenants to find them alternative housing within 30 to 90 days. There will be a
notice posted on the property that it's unlicensed. Mayor Bailey asked what type of
penalty could be imposed; Attorney Land stated a misdemeanor citation for violation of
the City Ordinance would be issued. A provisional license could also be issued; the
good property owners will usually correct whatever issues have been found.
14. WORKSHOPS — CLOSED TO PUBLIC — None.
15. ADJOURNMENT
Motion by Council Member Mills, second by Council Member Thiede, to adjourn the
meeting at 9:15 p.m. Motion carried: 5-0.
Minutes prepared by Judy Graf and reviewed by Joe Fischbach, HR Manager/City
Clerk.