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City Council Workshop

Regular Meeting

Oakdale, MN · April 9, 2024

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Minutes

WORKSHOP MINUTES OAKDALE CITY COUNCIL APRIL 9, 2024 The City Council held a workshop on Tuesday, April 9, 2024 at Oakdale City Hall, 1584 Hadley Avenue North, Oakdale, Minnesota. The meeting began at 5:00 PM. Present: Mayor Kevin Zabel Council Members: Noah Her Jake Ingebrigtson Andy Morcomb Susan Willenbring City Staff Members: Christina Volkers, City Administrator Sara Ludwig, City Clerk Brian Bachmeier, Consulting City Engineer Greg Brady, Chief Building Official Andy Gitzlaff, Community Development Director Nick Newton, Police Chief Lori Pulkrabek, Communications Manager Kyle Stasica, Finance Director Others Present: Colleen Herrmann, Age-Friendly Oakdale Task Force Colleen Swedberg, Age-Friendly Oakdale Task Force Bonnie Wilson, Age-Friendly Oakdale Task Force AGE-FRIENDLY OAKDALE TASKFORCE TRANSPORTATION STUDY REPORT Colleen Herrmann with the Age-Friendly Oakdale Task Force reported on the feedback received during the 2022 community assessment. In 2023, Age-Friendly Oakdale applied for and obtained a State of MN grant to conduct a transportation study. Ms. Herrmann presented the results from that recently completed transportation study. She mentioned a few alternatives that could have the highest potential impact – amenities at bus shelters, a volunteer driver program, and a circulator service such as Newtrax. Age-Friendly Oakdale will focus on education for existing services, advocating for seniors on transportation issues, and collaborating with other entities to implement the recommended alternatives. In response to Council Member Morcomb’s question about the ease of use of Newtrax versus other ride servicers, Ms. Herrmann said it is much easier. In response to another question from Council Member Morcomb about other possible grants for Age-Friendly Oakdale, Ms. Herrmann stated that they will absolutely look into other future grant opportunities. In response to Mayor Zabel’s question about any interaction Age-Friendly Oakdale has had with other levels of government, Ms. Herrmann said they attend quarterly meetings with Washington County, but they have not reached out to the Metropolitan Council as of yet. WORKSHOP MINUTES APRIL 9, 2024 PAGE TWO In response to Council Member Willenbring’s question about the cost to use Newtrax, Ms. Herrmann noted that it is free to use, but donations are accepted. Additionally, there is no phone application, users simply call to request a ride. TREE SERVICE LICENSING City Administrator Chris Volkers provided a brief recap of the Council memorandum. She asked the Council if the City should continue licensing tree servicers. The Council was supportive of removing the Tree Service License requirement from the City of Oakdale Code of Ordinances. Mayor Zabel suggested prorating a refund to the applicant the day after the ordinance takes effect. The Council was supportive of this suggestion. REVIEW OF THE CITY OF OAKDALE CODE OF ORDINANCES, CHAPTER 25 – RELATING TO RECREATIONAL VEHICLES Chief Building Official Greg Brady provided a brief summary of the Council memorandum which includes the history of violations over the past four years, the current City of Oakdale Code of Ordinances language and enforcement process, and a city survey of recreational vehicle regulations. Council Member Ingebrigtson expressed that he does not want to add additional restrictions, but the word ‘reasonable’ could be used for the number of vehicles allowed. Mayor Zabel added that the restriction could be based on lot size. In reference to the setback restrictions, Mayor Zabel was comfortable leaving them as is, but possibly adding that the vehicle must be parked on an improved surface for the front setback. Council Member Willenbring asked about the intent of the current ordinance. Mayor Zabel presumed that it was likely about limiting potential clutter in residents’ yards and maintaining a clear right-of-way for public safety. Council Member Morcomb asked for clarity about the types of vehicles included in this discussion. Community Development Director Andy Gitzlaff stated that the definition of recreational vehicles excludes private passenger vehicles and commercial usage vehicles. Mr. Brady explained that the intent of the ordinance is to provide a mechanism for the City to ensure that these recreational vehicles are not dilapidated or causing damage to City infrastructure. Mayor Zabel proposed removing the restriction on the number allowed and adding that the vehicle must be parked on an improved surface for the front setback. Mr. Brady pointed out WORKSHOP MINUTES APRIL 9, 2024 PAGE THREE that requiring an improved surface might cause a barrier for some residents due to impervious surface restrictions and lot sizes. Ms. Volkers noted that the City Attorney would prepare the proper ordinance language which would be brought back before the Council for review. Mr. Gitzlaff added that several current residents could be in violation of the proposed improved surface restriction. With that in mind, Mayor Zabel said he may only be interested in removing the restriction on the number allowed. In reference to limiting the number of vehicles allowed to be stored in front of the residence, Council Members Willenbring and Ingebrigtson asked why that restriction is necessary. There were no reasons provided by the group. To recap, Mayor Zabel stated that the restriction on the number allowed should be removed as long as the setbacks are maintained. Council Member Her was not supportive of removing the restriction on the number of recreational vehicles allowed, but said he would support the body’s decision. Staff was asked to draft proposed changes based on the discussion while also thinking about real-life situations and application of the ordinance. The proposed changes will be brought back to a future workshop for Council review. PROPOSED UPDATES TO CITY OF OAKDALE CODE OF ORDINANCES CHAPTER 7, ARTICLE 1 – PROPERTY MAINTENANCE & ARTICLE 2 – RENTAL HOUSING LICENSING Mr. Brady stated that the updates to the City of Oakdale Code of Ordinances Chapter 7 include adopting the most current edition of the International Property Maintenance Code (IPMC), removing stated fees and violations (since they are in the City’s adopted Fee Schedule), and streamlining the administrative fine and imposition of license conditions process. It is proposed that the City Council will replace the Administrative Law Judge in presiding over these matters. Because the decision-making responsibility is proposed to move from the Administrative Law Judge to the City Council, Council Member Morcomb asked about the past frequency of the use of the Administrative Law Judge to determine license penalties. Mr. Brady stated that there have been no instances in his tenure as it is very rare. Mr. Brady added that the City Attorney provided guidance on cleaning up the procedural language in Section 7-15. Ms. Volkers asked if annual renewal fees are subject to a late fee. Mr. Brady confirmed. In response to Council Member Willenbring’s question about the definition of Occupant or Tenant and whether that puts residents at risk of squatting, Mayor Zabel pointed out the ‘has been let for occupancy’ portion which would refer to an agreed upon lease, in his opinion. However, Mr. Brady explained how a different city dealt with removing squatters at his WORKSHOP MINUTES APRIL 9, 2024 PAGE FOUR previous job which included declaring the house uninhabitable. Additionally, Police Chief Nick Newton added that depending on whether it is a criminal or civil matter, the Police Department and/or Sherriff’s Office could get involved to remove the squatter. 2025 BUDGET SCHEDULE Finance Director Kyle Stasica highlighted two of the statutorily defined dates on the 2025 budget schedule – the adoption of the preliminary tax levy and the truth-in-taxation meeting. He then went over the changes that were made from the 2024 budget schedule versus this proposed 2025 budget schedule. Ms. Volkers explained the addition of Department Heads requesting operational expansions is something new that was not done last year. The Department Heads will be given the opportunity to submit requests for things that go beyond maintaining current City services. Mayor Zabel suggested also having the Department Heads identify tasks and/or projects that may need to be removed from the budget. Mr. Stasica said the timeline for the City Administrator and Finance Director to meet with Department Heads has been moved up to allow for review prior to bringing the requests to the Council for the first time. In response to Mayor Zabel’s question about how operational deviations are quantified, Ms. Volkers stated that conversations are had about these changes, but she and Mr. Stasica can work with the Department Heads to quantify any significant changes and make a note of it for the Council’s reference. Mr. Stasica reviewed the remaining timeline pointing out the major changes from the prior years’ budget schedule. Council Member Ingebrigtson suggested scheduling budget workshops on the off weeks of the regularly scheduled Council meetings. Mayor Zabel would like the Enterprise Fund discussions to occur in closer proximity to one another. Council Member Willenbring suggested that the Council determine if the second meeting needs to be moved up after the first one takes place in June. Ms. Volkers noted that the long-term financial plan update will be given prior to the budget discussions which will provide additional information for Council consideration. She added that a rate study is likely needed in the near future. In response to Council Member Morcomb’s question about the actual versus budgeted for the prior year’s budget, Ms. Volkers said staff will provide an actual versus year-to-date for the last three years during the General Fund discussion. WORKSHOP MINUTES APRIL 9, 2024 PAGE FIVE In response to Mayor Zabel’s question about when the Council will review cost overruns, Ms. Volkers noted that those will be discussed as part of the audit report. Mr. Stasica added that those are included in the fund summaries for the Capital Improvement Plan. Ms. Volkers said that Mr. Stasica is now meeting with Department Heads on a quarterly basis to ensure practical budget management and spending to help lessen budget carryforwards. In response to Mayor Zabel’s question about including the advisory bodies’ work plan items into the budget, Ms. Volkers confirmed they have been accounted for within the budget. Council Member Willenbring stated that she appreciates having the budget information on the presentation screen during the workshop discussions. ADMINISTRATOR UPDATE Ms. Volkers clarified the details for the Pete Graske Arbor Day Tree Giveaway event. The Arbor Day proclamation will be read at the April 23, 2024 City Council meeting. Additionally, Mayor Zabel will create a short video like last year which will be released on Arbor Day via the City’s social media pages. In reference to the Washington Ramsey Food Scraps Program trial kits, Council Member Willenbring will talk to residents about signing up for the program and hand out informational postcards and trial kits to those who are interested after they go through the line to get their tree. Ms. Volkers mentioned the many great ideas that have been pitched in regards to celebrating the 50th Anniversary of Oakdale. She raised concern about how to implement everything that has been brought up, but confirmed there will be a 50th Anniversary logo. The Council suggested focusing on a few things such as ordering branded swag to use as giveaways, flying a branded flag and/or hanging a branded banner at City Hall, having Suburban Community channels (SCC) TV create a “History of Oakdale” video, and possibly offering a webstore with branded apparel. Communications Manager Lori Pulkrabek stated that the fireworks at Summerfest could be renamed in honor of the City’s 50th Anniversary. Ms. Volkers noted that she is meeting with the Oakdale Athletic Association (OAA) on April 10 to discuss requested park improvements and the related funding that the OAA has available. She added that the OAA building in the Walton Park parking lot is in need of repairs. Mayor Zabel suggested that the OAA provide a list of requested park improvements in which half of the available funds will be spent, but that the City is allowed to use the other half of the designated funds toward projects found in the Parks Capital Improvement Plan. Ms. Volkers stated that she will provide a report from the meeting with the OAA. COUNCIL TOPICS Council Member Ingebrigtson mentioned that he spoke with the President of the East Metro Hockey Association about the White Bear Lake Area Hockey Association (WBLAHA) charitable gambling premises permit request in relation to the referenced youth from Oakdale that play for the WBLAHA. Ms. Volkers stated that anyone from WBLAHA or Oak Burrow is allowed to WORKSHOP MINUTES APRIL 9, 2024 PAGE SIX speak during that agenda item. It was suggested that the language in the current City Code be clarified to better define ‘reasonable benefit’. Discussion ensued about charitable gambling as a whole in Oakdale and other potential premises permit applications. Mayor Zabel reported on the most recent Regional Council of Mayors’ meeting and will send the slides to Ms. Volkers for dissemination. The topic of the meeting was on public safety so Chief Newton also attended. Mayor Zabel would like to look into ways to interact more with the U.S. Attorney’s Office and the Bureau of Criminal Apprehension. Ms. Volkers suggested bringing this up at the April 23, 2024 workshop meeting when the Washington County Sherriff, Washington County Attorney, and City Prosecuting Attorney will be in attendance. ADJOURNMENT The workshop was adjourned at 6:43 PM. Respectfully submitted, Sara Ludwig, City Clerk

Agenda

AGENDA City Council Workshop Meeting April 9, 2024 Hadley Conference Room 5:00 PM 5:00 PM Age-Friendly Oakdale Taskforce Transportation Study Report 5:25 PM Tree Service Licensing 5:40 PM Review of the City of Oakdale Code of Ordinances, Chapter 25 – Relating to Recreational Vehicles 5:55 PM Proposed Updates to City of Oakdale Code of Ordinances Chapter 7, Article 1 – Property Maintenance & Article 2 – Rental Housing Licensing 6:10 PM 2025 Budget Schedule 6:30 PM Administrator Update 6:40 PM Council Topics 6:55 PM Adjourn for Regular Meeting COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Christina M. Volkers, City Administrator Date: April 9, 2024 Time: 5:00 PM Subject: Age-Friendly Oakdale Taskforce Transportation Study Report BACKGROUND The Age-Friendly Oakdale Taskforce will attend the April 9, 2024 workshop meeting to present the results of their 2023 Transportation Study and ask for Council feedback on results. Attachment Presentation Slides TRANSPORTATION STUDY REPORT AGE-FRIENDLY OAKDALE TASK FORCE OAKDALE: AN AGE-FRIENDLY CITY • In 2021, Oakdale joined a group of age-friendly communities at the request of Oakdale Wellness 50+. • Age-Friendly Oakdale Task Force was established to carry out this program. 1 2022 COMMUNITY ASSESSMENT To learn what older residents think about aging in Oakdale, we gathered information from: • an online survey. • a community listening session open to the public. • informal conversations at the Oakdale Farmers Market. 2022 COMMUNITY ASSESSMENT HIGHLIGHTS Positive view of Oakdale • Most older residents said that they enjoy living in Oakdale. • Residents frequently commented that Oakdale is friendly, has a small-town feeling, and is a well- managed, affordable, quiet and safe community. 2 2022 COMMUNITY ASSESSMENT HIGHLIGHTS Suggested areas for improvement were: • More options for safe, affordable and convenient transportation other than driving. • Improved access to information about events & services. • Expanded availability of safe paths, sidewalks & benches. • More opportunities for activities and volunteering. 2023 TRANSPORTATION STUDY • Age-Friendly Oakdale obtained a state of Minnesota grant to hire Biko Associates to: • hold community conversations. • research transportation options for older adults. • The Biko report was published at the end of December 2023. 3 OBSERVATIONS FROM REPORT • Oakdale has no defined town center and many residents travel to adjacent communities for their needs. • Oakdale came of age with an automobile orientation. • Existing transportation services in Oakdale are not oriented to meet the transportation needs of older adults. • The most pressing gaps in our transportation network relate to alternatives other than driving a personal vehicle. REPORT RECOMMENDATIONS • The report describes 13 alternatives that can, as a group, contribute to improvements in how seniors safely and successfully travel within Oakdale and to neighboring communities. • Alternatives covered a wide range of options, ranging from enhancing existing transit services and bicycle/pedestrian paths to the possibility of a new circulator service and a volunteer driver program. 4 REPORT RECOMMENDATIONS (CONTINUED) • Three alternatives that stand out as having the highest potential impact are: • Amenities at bus shelters. • A volunteer driver program. • A circulator service such as Newtrax. REPORT RECOMMENDATIONS (CONTINUED) • Age Friendly Oakdale should focus on 3 activities: • Educate and market about existing facilities and services. • Advocate for seniors in public and private processes when transportation issues are discussed. • Collaborate and form partnerships with public and private entities to improve and implement some of the recommended alternatives. 5 FULL REPORT IS AVAILABLE • The full report may be accessed on the city of Oakdale website on the Oakdale Wellness 50+ page. A direct link to the report is at bit.ly/AFTransportationReport. • Physical copies of the report are available for review at the reference desk of the Oakdale Branch Library. NEXT STEPS FOR AGE-FRIENDLY OAKDALE • Age-Friendly Oakdale will: • Incorporate recommendations from the report into the action plan that it is currently creating. • Move forward to work on transportation and other initiatives that can make a difference in our community. • Be ready to work with the city in planning and implementing its age-friendly initiatives. 6 THANK YOU FOR YOUR TIME AND CONTINUED SUPPORT 7 COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Licensing Clerk, Katie Robinson Date: April 9, 2024 Time: 5:25 PM Subject: Tree Service Licensing BACKGROUND City Administrator Volkers asked licensing staff to research the surrounding communities to see if they require a Tree Service License for companies that perform a variety of tree services within their community. The below table shows the communities that were researched, licensing requirements, fees, and license terms. City License Tree Services Fee Duration Woodbury N NA NA Cottage Grove N NA NA Stillwater N NA NA North St. Paul Yes, Tree Trimming $80 plus $15 processing fee 1 year Maplewood Yes, Contractor License $130.00/yr. 1 year White Bear Lake Yes $35.00/yr. 1 year Inver Grove Heights N NA NA Forest Lake N NA NA Hugo N NA NA Staff have contemplated whether this type of service should be licensed in the City of Oakdale. Staff is requesting Council consider if it is necessary for homeowners to seek a City of Oakdale licensed tree service for their property needs. For financial consideration, the table below outlines revenue received for tree license applications over the last four years. Year Amount 2024 $2,250 2023 $2,400 2022 $2,100 2021 $2,900 Of note, the 2021-2022 tree licenses were not identified specifically in the former accounting system, thus that amount may be misleading. COUNCIL ACTION REQUESTED Staff is requesting that the City Council offer guidance and intent on whether the City of Oakdale should continue to license tree services. COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Greg Brady, Chief Building Official Andy Gitzlaff, Community Development Director Date: April 9, 2024 Time: 5:40 PM Subject: Review of the City of Oakdale Code of Ordinances, Chapter 25 – Relating to Recreational Vehicles BACKGROUND At the April 11, 2023 Council Workshop meeting, the City Council directed staff to bring forward information regarding recreational vehicle storage in the Code of Ordinances as there was interest in learning more about the provisions and how it is being enforced. The City is primarily a complaint-based enforcement program outside of obvious nuisance and life safety violations. Below is the number of cases opened regarding recreational vehicles during the past five years. Year 2024 2023 2022 2021 2020 # of violations 1 to date 15 17 33 30 CURRENT CITY CODE LANGUAGE City of Oakdale Code of Ordinances, Chapter 25, Article 2, Section 25-08 defines Recreational and Non- Commercial Vehicle as such: Includes mobile/manufactured homes which are not permanently anchored in any way and which are not occupied as a permanent residence, including units which telescope or fold down, chassis mounted campers, house cars, motor homes, tent trailers, slip-in campers, travel trailers, converted buses and converted vans. This definition will also apply to snowmobiles, boats, personal watercraft, collector vehicles, motorcycles and stock cars utility trailers and motorized vehicles not normally licensed for highway use (all with or without trailers.) Not included are private passenger vehicles of the household or household’s resident. From an enforcement standpoint, private passenger vehicles and commercial usage vehicles are defined and enforced separately. City of Oakdale Code of Ordinances, Chapter 25, Article 18, Section 25-161(a)(5)(D) states: RECREATIONAL VEHICLES (1) You are allowed to park one (1) recreational or non-commercial vehicle outside on your lot in a residential district. That vehicle must be currently licensed and operable and must be parked a minimum of fifteen (15) feet from the back of the curb or roadway (See #2 below). (2) All recreational vehicles are to be parked behind their district's front setback line except that they are allowed in front of their district’s front setback line for a period of forty-eight (48) hours for the purpose of loading and unloading 1 EXCEPTIONS: (a) Personal watercraft on their trailers, utility trailers, campers and camping buses, may be parked in front of their district’s front setback line from May 1 to November 1. (b) Snowmobiles on their trailers or utility trailers may be parked in front of their district’s front setback line from November 1 to the following May 1. (c) Above "exceptions" are to be parked a minimum fifteen (15) feet from the back of the curb or roadway. (3) Recreational and non-commercial vehicles are allowed to be parked in your side and rear yard five (5) feet from any property line. On corner lots, both yards abutting a street shall be considered a front yard. CITY SURVEY OF RECREATIONAL VEHICLE REGULATIONS A survey of surrounding municipalities was conducted regarding regulations on recreational vehicles and is attached. Most cities require they be licensed and operable. The number of recreational vehicles per lot varies from no restrictions, restrictions based on acreage, to restrictions based on size or class. The storage location on the property also varies widely, however, most cities have defined setbacks from right- of-ways and side/rear property lines. There was only one other city that had a similar seasonal restriction similar to Oakdale’s. CURRENT CODE ENFORCEMENT PROCESS City staff proactively attempt to educate residents regarding the seasonal aspect of this Code section. When seasonal deadlines are approaching, staff will send reminders to residents to give them time to make arrangements in advance. There are several common concerns from residents that are received when attempting to resolve a Code complaint during the winter months. • Storage units are at capacity during the winter months and locating an opening facility is difficult, costly, and may not be nearby. • Depending on snow and weather conditions, recreational vehicles may be difficult or unable to be moved. • Should winter weather conditions be mild, many residents continue to store and utilize their recreational vehicles during the seasonal restrictions. A typical Code enforcement response would begin with a complaint. An onsite investigation would take place to verify if there is a violation of City Code. Should a violation be observed, a correction notice would be sent to the owner of the property on what was observed, what the ordinance is, how to correct the violation, and a timeline for compliance. A follow up inspection would be scheduled to verify if the issue had been addressed or if it remained in violation. If it remained in violation, a second notice would be sent to the owner of the property detailing the potential consequences for remaining in violation, and a second timeframe given to come into compliance. Another follow up inspection would be conducted to either close the case, if in compliance, or to move forward with further enforcement. If the violation remains after two notices, the City could issue an administrative citation. The resident would have seven (7) days to either pay and resolve the violation or contest the citation in writing. Should they contest the citation, an administrative hearing would be conducted. If they continue to remain in violation after the administrative citation process, staff can either issue additional administrative citations with increasing fine amounts, or work with the Prosecutor’s Office and issue a criminal citation which requires a mandatory court appearance. Timeframes and enforcement may vary should residents request extensions and show good faith effort in resolving outstanding violations on their property. 2 COUNCIL DIRECTION REQUESTED Staff is requesting that Council review the City Code of Ordinances language related to recreational vehicles and other presented information, and provide direction and intent on any proposed changes. Attachment City Survey of Recreational Vehicle Regulations 3 City Survey of Recreation Vehicle Regulations City Licensed/Operable Number Allowed Storage Location Seasonal Restrictions Oakdale Yes 1 per lot 5ft setback from side/rear property lines. 15ft May 1-Nov 1 Campers, boats, Includes campers, setback from curb if on driveway. trailers may park in front of front boats, snowmobiles, setback. trailers Nov 1-May 1 Snowmobiles, trailers may park in front of front setback Cottage Grove Yes No more than 4 vehicles Must be on improved surface in front setback. None stored outside. Includes May be parked on Class V or landscape rock all motor vehicles and on sides/rear. Not allowed in ROW. Must meet recreational vehicles accessory structure setbacks. Ranges from 6- 20ft on side and 10-50ft in rear. Woodbury Yes 1 allowed per dwelling In front setback must be 15ft from curb and None unit up to 24ft in length. side/rear not within 5ft of lot line. Must be on Trailers less than 3000 improved surface. GVW Maplewood Yes No restriction In front setback must be on improved surface. None 5ft setback on sides/rear of property. Forest Lake Yes Allow 1.5 total vehicles Not allowed in ROW. Must meet accessory None per licensed driver. Not structure setbacks. Ranges from 10-20ft on to exceed 30ft side and 30-50ft in rear setback Eagan Yes No restriction Must be 15ft from curb if in front setback. None Encourage parking on driveway, inside garage or alongside home but not required. Burnsville Maintained clean, well- No more than 2 on lots Must be 15ft from curb. In front setback must None kept and operable less than 1 acre. No be on established driveway. 5ft side setback more than 4 on 1+ acre and 8ft rear setback, parking must be on lots. Max length 40ft improved surface or Class V or decorative rock Roseville Yes No restriction. Not allowed in ROW. Must be on improved None Boats/watercraft not to surface in front setback. Must be 5ft from exceed 20ft side/rear lot lines, no surfacing requirement. Bloomington Must be in operable Two Class 1 vehicles or Must be at least 20ft from curb on conforming If storage is more than 8ft past condition one or less Class 1 and or legally nonconforming driveway surface. 5ft front setback. Nov-Mar storage of one Class 2 vehicle per side/rear setback. 30ft rear setback if summer-oriented vehicles lot. Greater than 40ft abutting street. prohibited. May-Oct winter oriented not allowed. prohibited. No restrictions in April Inver Grove No condition No more than 2 allowed Must be 5ft from side property line and 8ft None Heights in front setback from rear. Cannot park on grass or unpaved surfaces in front setback. 1 City Survey of Recreation Vehicle Regulations City Licensed/Operable Number Allowed Storage Location Seasonal Restrictions Stillwater Must be operable-tabs No restrictions Adequately screened by fence or landscaping None must be no more than from roadways and neighboring views. 90 days past expiration North St. Paul Yes Two (2) per lot. Large May be stored in garage, on driveway, side or Large recreational vehicles may recreational vehicle one rear yard on surfaced area. Must be screened only be stored in front yard for 72 (1) per lot in side and rear yard. hours. No other time limits. White Bear Lake Yes No restrictions Must be parked on designated driveway or None hard surface. Not allowed in front of principle structure’s living area. Hugo Yes No more than 2 per lot Must be parked on driveway no closer than Between Memorial Day & Labor under 1/2 acre. No 30ft from curb. Must meet side & rear yard Day, front setback moves from 30ft more than 3 over acre. setbacks, range from 1ft to 20ft. to 10ft from curb. 2 COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Greg Brady, Chief Building Official Date: April 9, 2024 Time: 5:55 PM Subject: Proposed Updates to City of Oakdale Code of Ordinances Chapter 7, Article 1 – Property Maintenance & Article 2 – Rental Housing Licensing BACKGROUND The purpose of this memo is to discuss proposed updates to the City of Oakdale Code of Ordinances Chapter 7, Article 1 – Property Maintenance & Article II – Rental Housing Licensing. The following sections have proposed changes for Council consideration as noted in the accompanied attachment using tracked changes. CITY OF OAKDALE CODE OF ORDINANCES, CHAPTER 7 ARTICLE I – PROPERTY MAINTENANCE CHANGES Sec. 7-1 – Property Maintenance Code of the City of Oakdale Sec. 7-2 – Adoption of International Property Maintenance Code Sec. 7-3 – Modifications Sec. 7-4 – Additions The current adopted edition of the International Property Maintenance Code (IPMC) is from 2012. This proposal will adopt the most current edition of the IPMC, as amended and adopted by the State of Minnesota, which is currently the 2024 edition. The newer edition has added sections for the approval of alternate designs, and testing and evaluation of such designs. Also included are stop work orders and language for determining unsafe structures and equipment. This is the same language that is contained in the Minnesota State Building Code. Minimal impact to current Code enforcement practices is anticipated with this updated version. CITY OF OAKDALE CODE OF ORDINANCES, CHAPTER 7 ARTICLE II – RENTAL HOUSING LICENSING CHANGES Sec. 7-5.1 – Definitions Sec. 7-6 – Licensing of Rental Units Sec. 7-7 – License Fees Sec. 7-15 – Administrative Fine, Imposition of License Conditions, License Suspension, Revocation, Denial, and Non-Renewal Sec. 7-16 – Conduct on Licensed Premises There are also changes to the Rental Housing Licensing section proposed upon review by the City Attorney’s Office. Appeals of a fine, imposition of license conditions, suspension, revocation, or not to renew are proposed to be reviewed by the City Council instead of an Administrative Law Judge designated by the City Council, to allow for a more streamlined process and increase transparency. Additionally, the proposed updates would reference the adopted City fee schedule for any fine amounts consistent with other chapters of the Code. 1 COUNCIL DIRECTION REQUESTED Staff is requesting Council feedback on the proposed changes to the City of Oakdale Code of Ordinances Chapter 7, Article 1 – Property Maintenance & Article 2 – Rental Housing Licensing. Attachment Proposed Changes to the City of Oakdale Code of Ordinances Chapter 7, Article 1 & Article 2 with Tracked Changes 2 CHAPTER 7 PROPERTY MAINTENANCE/RENTAL HOUSING Article I Property Maintenance Article II Rental Housing Licensing ARTICLE I. PROPERTY MAINTENANCE Sec. 7-1. Property Maintenance Code of the City of Oakdale. The City of Oakdale does hereby adopt, by reference, the year 2012 most current edition of the International Property Maintenance Code (IPMC), as amended and adopted by the State of Minnesota, as hereinafter amended pursuant to this ordinance, as the Property Maintenance Code of the City of Oakdale. Sec. 7-2. Adoption of International Property Maintenance Code. That the year 2012edition of the International Property Maintenance CodeIPMC adopted by this ordinance is hereby modified by deleting the following sections therefrom: 103.2 and 103.3. Sec. 7-3. Modifications. That the year 2012 edition of the International Property Maintenance CodeIPMC adopted by this ordinance is hereby amended by modifying the following denominated sections thereof to read as hereinafter set forth. CHAPTER 1 Scope and Administration 101.1 Title. For the purpose of this article, these regulations shall be known as the Property Maintenance Code of the City of Oakdale, hereinafter referred to as this Code. 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Minnesota State Building Code. Nothing in this Code shall be construed to cancel, modify or set aside any of the provisions of chapter 25 of the City of Oakdale Code that regulates zoning. 103.1 Creation of agencyEnforcement. Responsibility for enforcement of this Code shall be vested in the city’s Building Official’s office. The city’s Building Official is hereby appointed as the code official for the purposes of this Code and employees acting under his or her direction and control shall be deemed to be deputy code officials. 104.13.5 Fees. The fees for activities and services performed by the department carrying out its responsibilities under this Code shall be determined by the City Council. CHAPTER 3 General Requirements 302.4 Weeds. Weeds shall be covered under City of Oakdale City Code of Ordinances, Chapter 24 – Turf Grass and Vegetation. 304.14 Insect screens. During the period from May 15 to October 15, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less Oakdale MN Code of Ordinances: Chapter 7 - Page 1 than 16 mesh per inch (16 mesh per 25mm), and every swinging door shall have a self-closing device in good working condition. CHAPTER 6 Mechanical and Electrical Requirements 602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guest room on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to May 31 to maintain a temperature of not less than 68 F (20 C) in all habitable rooms, bathrooms, and toilet rooms. 602.4 Occupiable workspaces. Indoor occupiable workspaces shall be supplied with heat during the period from October 15 to May 15 to maintain a temperature of not less than 68 F (20 C) during the period the spaces are occupied. CHAPTER 8 Referenced Standards 800 General References. Whenever this Code refers to the International Building Code (IBC), the International Code Council (ICC) Electrical Code, the International Fire Code, the International Mechanical Code, or the International Plumbing Code, such references shall be deemed to the comparable applicable Code as adopted by the State of Minnesota. Whenever this Code shall refer to the International Zoning Code, such references shall be deemed to be Chapter 25 of the Oakdale City Code. Sec. 7-4. Additions. That the year 2012 Edition of the International Property Maintenance Code IPMC adopted by this Ordinance is hereby amended by adding the following denominated sections thereof that read as follows: 202 General Definitions. Dead Trees and Shrubs. Deciduous or coniferous vegetation containing foliage on less than 50% of the tree shrub. 302.4.1 Turf established. Turf must be established by the use of grass seed or sod on all lots, within sixty (60) days of the issuance of a Certificate of Occupancy, excluding the time between October 1 and May 1. Turf must be established on all existing developed lots by June 1, 1996. Alternate landscape plans, other than turf, shall be approved by city staff prior to installation. 302.10 Commercial and Industrial Property Maintenance. All commercial/industrial properties shall maintain trees, shrubs, landscaping, parking lots, and exterior signage. Dead trees and shrubs are to be replaced within four (4) months of notice. 302.11 Composting. All yard waste collected or concentrated by any individual shall be disposed at a licensed compost site or on site providing the following regulations are complied with: 1. Location of Compost. The compost shall be located in the rear yard of the property, be at least five (5) feet from lot lines, outside any drainage easement, and be placed no closer than fifty (50) feet to any adjacent habitable building, other than the resident’s own home. 2. Prohibited Ingredients. None of the following materials shall be placed on the property for composting: meat, bones, fat oils, dairy products, whole branches or logs, plastics, synthetic fibers, human or pet wastes, or diseased plants. Oakdale MN Code of Ordinances: Chapter 7 - Page 2 3. Proper Maintenance Required. Compost shall be properly managed to minimize odor generation and promote effective decomposition of the material. The operation of composting in a manner that results in objectionable odors and/or the placing of prohibited materials for composting to create a health hazard is considered a public nuisance. (Ord. 797, 3/10/15). ARTICLE II. RENTAL HOUSING LICENSING Sec. 7-5. Purpose. The purpose of this section is to ensure that all rental properties are operated in an orderly manner so as to protect the health, safety and welfare of the public. The provisions of this section shall apply to all rental properties and shall constitute the minimum requirements and standards for rental properties for light, ventilation, space, heating, sanitation, protection from the elements, and life safety from fire and other hazards. The operation of residential rental properties is a business enterprise that entails certain responsibilities to its tenants and the City of Oakdale. Owners are responsible to preserve the value of land and buildings throughout the city. Furthermore, all Oakdale citizens should be allowed to pursue a quality of life without fear of safety for persons or property. Sec. 7-5.1. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.  Administrative Law Judge. A person designated by City Council to preside over matters related to license revocation, suspension, denial or non-renewal.  City. The City of Oakdale, Minnesota.  City Building Official. The City of Oakdale Building Official is hereby appointed as the code official for the purpose of this Code and employees acting under his or her direction and control shall be deemed to be deputy code officials for purposes of this City Code Chapter and Article.  City Council. The City Council of the City of Oakdale, Minnesota.  Dwelling Unit. A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.  Let For Occupancy. To permit, provide or offer possession or occupancy of a dwelling unit, building, premises or structure, whether for a fee or not, by a person who is not the legal owner of the property, pursuant to the terms of a written or unwritten lease.  Multiple Dwelling Unit Residential Building. A building with any dwelling let for occupancy joined to another dwelling let for occupancy at one or more sides by a party wall or walls, including apartments, townhomes, twin homes, duplexes or quad homes.  Rental Dwelling. An apartment or general housing unit let for occupancy.  Licensee. An owner that lets for occupancy a rental dwelling or at least one dwelling unit Oakdale MN Code of Ordinances: Chapter 7 - Page 3 and is required to be licensed under this chapter.  Manager or Agent. Any person who is in charge, care or control of a rental dwelling or rental dwelling unit.  Occupant or Tenant. Any person occupying, living, sleeping or having possession of a space with any dwelling unit or rental dwelling who that has been let for occupancy.  Owner. A person, individual, corporation, firm, association, company, partnership, organization or any other group acting as a unit holding title to a dwelling unit or rental dwelling or otherwise having control of the dwelling unit or rental dwelling, as recorded in the official state, county or city records.  Qualifying relative. An owner’s parent, stepparent, child, stepchild, grandparent, grandchild, brother, sister, uncle, aunt, nephew, or niece. This relationship may be by blood, adoption, or marriage. (Ord. 901, 12/13/22) Sec. 7-6. Licensing of Rental Units. 1. License Required. No person shall let for occupancy a rental dwelling within the City of Oakdale without first having obtained a license to do so from the City of Oakdale as hereinafter provided. Rental housing licenses shall be issued only by the City of Oakdale Building Official, and shall be issued as either a regular or as a provisional license, consistent with definitions as provided in Article II. Rental renewal application and fee are to be returned within 30 days after receipt of rental application form. After receipt of a properly completed application and license fee as required under section 7-7 of this Article, the City Building Official shall schedule an inspection. Property owner or designated manager is required to meet inspector for all initial property inspections. Rental units shall include homestead properties where the homestead owner does not occupy the dwelling unit. If found to be renting or causing to rent a dwelling, dwelling unit, housekeeping unit, rooming unit or rental unit without a proper license, an investigative fee as established by resolutionfound in the City’s fee schedule, shall be paid by the owner whether or not the dwelling, dwelling unit, housekeeping unit, rooming unit or rental unit is subsequently licensed. 2. License term. All licenses issued under this section shall expire December 31 of each year. Provisional licenses shall be issued for a period of 6 months. All provisional licenses shall be reviewed within 6 months of the date of issue to determine compliance with the requirements of this section. 3. Condition of License. Prior to issuance of a license and at all times during the term of such license, the license holder must remain current on the payment of all utility fees, taxes, and assessments due to the City on all licensed property within the City owned by the license holder. In the event a suit has been commenced under Minnesota Statutes, Section 278.01- 278.03, questioning the amount or validity of taxes, the City Council may, on application, Oakdale MN Code of Ordinances: Chapter 7 - Page 4 waive strict compliance with this provision: no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) tax year after becoming due. 4. Exceptions: a. These rental licensing requirements do not apply to a dwelling unit or rental dwelling that is occupied by the owner or the owner’s qualifying relatives. b. These rental licensing requirements do not apply to Minnesota Department of Health licensed rest homes, convalescent care facilities, group homes, nursing homes, hotels, motels, or cooperatives. c. These rental licensing requirements do not apply to a facility for which a reasonable accommodation has been granted by the city under the Federal Fair Housing Amendments Act of 1988. (Ord. 901, 12/13/22) Sec. 7-7. License Fees. All fees involving rental license shall be set by the established by resolution of City Council. In the case of new unlicensed dwellings, license fees shall be due upon issuance of the certificate of occupancy. Annual renewal fees are subject to a $100 penaltylate fee if received after January 31 of the new year. Once issued, a license is nontransferable and the licensee shall not be entitled to a refund of any license fee upon revocation or suspension: however, the licensee shall be entitled to a license fee refund, prorated monthly, upon proof of transfer of legal control or ownership of the rental dwelling unit(s). If an applicant withdraws an application prior to issuance of a license, the fee shall be refunded after deducting the costs of inspection and any other costs and expenses incurred by the City in connection with receiving and processing the application. (Ord. 805, 10/13/15) An additional fee, as set by City Council resolutionfound in the City’s fee schedule, shall be charged for each re-inspection required to satisfy code compliance after the first re-inspection. The re- inspection fee(s) will be payable prior to scheduling of the re-inspection. Sec. 7-8. Owner, Manager or Agent to Apply. The owner of the rental units, or the owner’s legally constituted agent or manager shall make license applications. Application forms may be acquired from, and subsequently filed with, the City Building Official. The applicant shall supply: 1. First, middle (if any), and last name, address, date of birth, and telephone number of the dwelling owner, owning partners if a partnership, or corporate officers if a corporation, association manager if an association, CEO if a company, manager of any organization or any other group. 2. Name, address, and telephone number of designated resident agent, if any. 3. Name, address and telephone number of vendee, if the dwelling unit is being sold through a contract for deed. 4. Legal address of the dwelling. 5. Number of dwelling units within the rental dwelling. 6. Description of the procedure through which tenant inquiries and complaints are to be processed, along with certification that all present tenants have been notified in writing of the established tenant complaint/inquiry procedure. 7. Payment status concerning all utility fees, property taxes, and other assessments on the involved dwelling and other rental real property in the city owned by the applicant. Oakdale MN Code of Ordinances: Chapter 7 - Page 5 Current license holders are required to give notice in writing to the City Building Official within five (5) business days after any material change to the licensing/renewal information previously provided via corresponding application. Notice of transfer of ownership shall be described in section 7-13. (Ord. 901, 12/13/22) Sec. 7-9. Resident Agent Required. No operating license shall be issued for a nonresident owner of rental dwelling units (one who does not reside within 50 miles of the Rental Dwelling unless such owner designates in writing to the City Building Official the name of the resident agent (one who does reside within 50 miles of the Rental Dwelling who is responsible for maintenance and upkeep and who is legally constituted and empowered to receive service of notice of violation of the provision of the City Ordinances, to receive orders and to institute remedial action to effect such orders and to accept all service or purpose pursuant to law. The City Building Official shall be notified in writing of any change concerning the identity of a designated resident agent. (Ord. 901, 12/13/22) Sec. 7-10. Conformance to Laws. Operating license may be revoked unless the rental dwelling and its premises conform to the Ordinances of the City of Oakdale and the laws of the State of Minnesota. Sec. 7-11. Inspection Condition and Authority. 1. No operating license shall be issued without the property owner’s written consent to permit all forms of inspection required pursuant to this section. Specific consent to on-premise inspection is a required element of all initial license applications issued under this article. 2. The City Building Official shall administer and enforce the provisions of this Ordinance and is hereby authorized to order inspections on a scheduled basis for rental dwelling units at least once every three years; or as otherwise may be required when reason exists to believe that a violation of this Ordinance has been or is being committed. Inspections shall be conducted during reasonable daylight hours, and the City Building Official shall present proper identification and evidence of official capacity to the occupant in charge of a respective dwelling unit. 3. Exceptions. A rental inspection is not required for the first 3 years for newly constructed multiple dwelling unit rental buildings following issuance of a Certificate of Occupancy under the provisions of the Minnesota State Building Code. (Ord. 901, 12/13/22) Sec. 7-12. Posting of License. Every rental licensee shall be conspicuously posted in the main entryway or other conspicuous location within the structure. Sec. 7-13. License Not Transferable. No operating license shall be transferable to another person or to another rental dwelling. Every person holding an operating license shall give notice in writing to the City Building Official within five business days after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. Sec. 7-14. Occupancy Register Required. Every owner or resident agent of a licensed rental dwelling shall keep, or cause to be kept, a current register of occupancy for each dwelling unit which provides the following information: 1. Dwelling unit address. 2. Number of bedrooms in the dwelling unit. Oakdale MN Code of Ordinances: Chapter 7 - Page 6 3. Names of adult occupants and number of adults and children (under 18 years of age) currently occupying the dwelling units. 4. Start and ending dates during which renter(s) named under item #3 above both occupied and vacated the dwelling unit. 5. A chronological list of complaints and requests for repair by dwelling unit and/or occupant. 6. A similar chronological list of all corrections made in response to such complaints and requests. The register shall be made available for inspection by the City Building Official at all reasonable times. Sec. 7-15. Administrative Fine, Imposition of License Conditions, License Suspension, Revocation, Denial, and Non-Renewal. 1. Every license issued under the provisions of this Article is subject to administrative fines, imposition of license conditions, suspension and/or revocation by the Building Official. 2. In the event that a license is suspended or revoked by the Building Official, it shall be unlawful for the owner or the owner’s duly authorized agent to thereafter permit any new occupancy of vacant or thereafter vacated rental units until such time as the Building Official has restored a valid license. 3. Any person violating this section shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not more than one thousand dollars ($1000) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecutionsubject to a penalty per Minnesota State Law. Each day of each violation shall constitute a separate punishable offense. 4. The Building Official may impose an administrative fine, impose license conditions, suspend, revoke, or decline to renew any license issued under this Article upon any of the following grounds: a. False statements on any application or other information or report required under this Article to be given by the applicant or licensee. b. Failure to pay any application, penalty, re-inspection or re-instatement fee required by the Article and City Council resolutionthe City’s fee schedule. c. Failure to correct deficiencies noted on Rental Housing Correction Notice in the time specified in that notice. d. Failure to comply with the provisions of an approved mitigation plan in the case of provisional licenses. e. Failure to operate or maintain the licensed premises in conformity with all applicable state laws and codes and this Code of Ordinances. f. Any other violation of this Article. 5. Administrative fine, imposition of license conditions, suspension, revocation, or non-renewal may be under either this section or section 7-16, or both. Penalties occurring within a thirty-six (36) month period may increase or decrease in severity due to aggravating or mitigating circumstances, but otherwise can be found in the City’s fee schedule. will be presumed as follows: a) First violation. Any licensee found to have violated this Chapter shall be charged an administrative penalty of two hundred fifty dollars ($250). b) Second violation. Any licensee found to have violated this Chapter two (2) times within a thirty-six (36) month period shall be subject to a five hundred dollar ($500) administrative penalty. Oakdale MN Code of Ordinances: Chapter 7 - Page 7 c) Third violation. Any licensee found to have violated this Chapter three (3) times within a thirty- six (36) month period shall be subject to a one thousand five hundred dollar ($1,500) administrative penalty. d)5. Fourth violation. Any licensee found to have violated this Chapter four (4) times within a thirty-six (36) month period shall have their license revoked. 6. A regular license may be revoked at either the end of a six-month review period, as described in section 7-6.2, or immediately prior to the end of the one yearone-year license term upon a finding that the licensed premises are only eligible for a provisional license as provided in section 7-18. 7. A decision to fine, impose license conditions, suspend, revoke, deny or not renew a license shall be preceded by written notice to the applicant or licensee specifying the grounds for such fine, license conditions, suspension, revocation, denial, or non-renewal. The applicant or licensee will be given an opportunity for a hearing before the City Council cities Administrative Law Judge before final action to fine or, impose license conditions, suspend, revoke, deny, or not renew a license. In order to request such a hearing, Provided, the applicant or licensee has submittedmust submit a written application for appeal within 10 days after the decision, notice, or order was served. The City Council Administrative Law Judge shall give due regard to the frequency and seriousness of the violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to fine, impose license conditions, suspend, revoke, deny, or not renew a license only upon written findings. Within 10 days of an order issued by the Administrative Law Judge’s order, the decision may be appealed to the City Council. 8. The Building Official may suspend, revoke, deny, or not renew a license for part or the entire rental dwelling facility. 9. Licenses may be suspended for up to ninety (90) days and may, after the period of suspension, be re-instated subject to compliance with this Article and any other conditions imposed by the Building Official at the time of the suspension. Licenses that are revoked will not be re-instated until the owner has re-applied with licensing and displayed compliance with all relevant requirements to the level required under this Article, including all conditions imposed at the time of revocation. Upon a decision to revoke, deny or not renew a license, no new application for the same rental dwelling will be accepted for the period of time specified in the Building Official’s written decision, which shall not exceed one year. A decision not to renew a license may take the form of a suspension or revocation. A decision to deny an initial application for a new rental dwelling facility will not take the form of a suspension of revocation unless the applicant in connection with the application has made false statements. A decision to deny an initial application shall state the conditions of re-application. All new applications must be accompanied by a re-instatement fee, as found in the City’s fee schedulespecified by City Council resolution, in addition to all other fees required under this Article. 10. A written decision to suspend, revoke, or deny a license or application shall specify the part or parts of the rental dwelling facility to which it applies. Thereafter, and until a license is re- issued or re-instated, no rental units becoming vacant in such part or parts of the facility may be re-let or occupied. Suspension, revocation, or non-renewal of a license shall not excuse the owner from compliance with all terms of state laws and codes and this Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all terms of this Article during the term of suspension, revocation, or non-renewal is a misdemeanor and grounds for fines, license conditions, extension of the terms of such suspension or revocation or continuation of non-renewal, or for a decision not to re-instate the license, notwithstanding any limitations of the period of suspension, revocation, or non-renewal specified in the City Council’s written decision or in paragraph 8 of this Section. (Ord. 901, 12/13/22) Oakdale MN Code of Ordinances: Chapter 7 - Page 8 Sec. 7-16. Conduct on Licensed Premises. 1. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this Section, a premise is deemed disorderly at such time that any of the following activities occur: a. Violation of Section 19-4, Noise Prohibited. b. Violation of laws relating to the Possession, Manufacture or Distribution of Controlled Substances as defined in Minnesota Statute 152.01.subd. 4. c. Violation of Section 13-2, Property Maintenance and Public Nuisance. d. The Unlawful Sale of Alcoholic Beverages in violation of Minnesota Statute 340A.503.subd.2(1). e. Violation of laws related to Gambling as defined in Minnesota Statute 609.75. f. Violation of laws related to Prostitution as defined in Minnesota Statutes Section 609.321.Subd.9, or Acts Related to Prostitution. g. Unlawful Use or Possession of Dangerous Weapons and Firearms in violation of Minnesota Statutes Section 609.66.subd.1 (a), 609.67 and 624.713, and Section 13-6, Unlawful Discharge. h. Unlawful Use or Possession of Stolen Property in violation of Minnesota Statute 609.53. i. Violation of Section 12-48, Junk and Non-operative Motor Vehicles on Private Property. j. Violation of Section 4-9, Keeping Noisy Dogs. 2. The City Building Official shall be responsible for enforcement and administration of this Ordinance. 3. Upon determination by the City Building Official that a licensed premises was used in a disorderly manner, as described in paragraph 1, the City Building Official shall give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. 4. If another instance of disorderly use of the licensed premises occurs within 90 days of an incident for which a notice in paragraph 3 was given, the City Building Official shall notify the licensee of the violation and shall 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 shall be submitted to the City Building Official within five (5) days of the receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three (3) months. 5. If another instance of disorderly use of the licensed premises occurs within 90 days of any two previous instances of disorderly use for which notices were given to the licensee pursuant to the section, the rental dwelling license may be suspended, revoked, denied or non-renewed. An action to suspend, revoke, deny or not renew a license under this section shall be initiated by the City Building Official who shall give to the licensee written notice of a hearing before the Administrative Law JudgeCity Council to consider such suspension, revocation, denial or non- renewal. Such written notice shall specify all violations of this section, and shall state the date, time, place, and purpose of the hearing. The hearing shall be held no less than ten (10) days and no more than thirty (30) days after giving such notice. Following the hearing, the Building Official may suspend, revoke, deny or decline to renew the license for all or any part or parts of Oakdale MN Code of Ordinances: Chapter 7 - Page 9 the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. 6. No adverse license actions shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (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 by other occupants or guests of the tenant’s unit. Eviction proceedings shall not be a bar to adverse license action, however, unless the licensee diligently pursues them. Further, an action to suspend, revoke, deny 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. 7. A determination that the licensed premises have been used in a disorderly manner as described in paragraph 1 shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. 8. All notices given by the City under this section shall be personally served on the licensee, sent 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. 9. Enforcement actions provided in this section shall not be exclusive, and the Building Official may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by this Code or by state law. Sec. 7-17. No Retaliation. No licensee shall evict, threaten to evict or take any other punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity, suspected criminal activity, suspicious occurrences or public safety concerns. This section shall not prohibit eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations or lease terms other than a prohibition against the lawful contact of law enforcement agencies. Sec. 7-18. Provisional Licenses. 1. Licensed rental dwellings with four (4) or more units that have generated an average of .50 calls or greater per dwelling unit in a preceding one-year period as specified below are eligible only for provisional licenses. Properties with provisional licenses may qualify for a regular license only after a one-year period with fewer than .50 police or fire calls per dwelling unit. a. Police and fire calls that are counted in determining whether a provisional license is required include the following types of calls or events, all of which are hereby declared to constitute a nuisance or other disorderly conduct: (i) Calls or events listed in section 7-16; (ii) Calls or events categorized as part-one crimes in the Uniform Crime Reporting System, including murder, rape, robbery, aggravated assault, burglary, theft, auto theft and arson; (iii) Calls or events categorized by the police department as one of the following: a) Dangerous weapons and firearms, MN statute 609.02.subd.6, 609.66.subd.1 (a), 609.67, and City Ordinance 13-6, Oakdale MN Code of Ordinances: Chapter 7 - Page 10 b) Noise prohibited, City Ordinance 19-4, c) Gambling, as defined in MN statute 609.75, d) Prostitution, as defined in MN statute 609.321.9, e) Audible vehicle alarms, City Ordinance 18-12, f) Barking dog, dangerous dog, dog at large, and sanitation, City Ordinance 4-6, 4-9, 4-16 and 4-22, g) Controlled substances, MN Statute 152.01.4 h) Drug paraphernalia, MN statute 152.092, i) Disorderly conduct, 609.72 j) Allowing curfew violations, City Ordinance 13-3, k) Allowing underage consumption or possession of alcohol, MN Statute 340A.503, l) Disorderly conduct, MN statute 609.72, m) Damage to property, MN statute 609.595, n) Assault 5th degree, non-domestic violence, MN statute 609.224, o) Interference with a police officer or firefighter, MN statute 609.50, p) Unlawful assembly, MN statute 609.705, q) Presence at an unlawful assembly, MN statute 609.715, r) Terroristic threats, MN statute 609.713, s) Possession of, or receiving stolen property, MN Statute 609.53 (iv) The City Building Official may determine that multiple incidents shall be counted as a single incident in appropriate cases. b. Calls will not be counted for purposes of determining whether a provisional license is required where the victim and suspect are family or household members as defined in the Domestic Abuse Act, MN statute, section 518B.01.subd.2(b), and where there is a report of Domestic Abuse as defined in the Domestic Abuse Act, MN statute, section 518B.01subd.2(a). c. The period of time used to determine whether a provisional license is required is the twelve (12) month period ending two months before the six-month review period described in section 7-16.2. d. Upon request, the City will provide by mail to each licensee a monthly report of calls described in paragraph (1)(a) above. 2. The applicant for a provisional license must submit for Building Official’s review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls described in paragraph (1)(a) to a level that qualifies for a regular license. The mitigation plan may include such steps as: changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct and security personnel. 3. The application and the proposed mitigation plan will be presented to the Building Official. After giving the applicant an opportunity to be heard and to present evidence, the Building Official shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Building Official disapproves an application and mitigation plan or approves it with conditions, it shall state its reason for doing so in writing. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Building Official will also consider the effectiveness of measures identified in the applicant’s previous mitigation plan and the need for different or additional measures to reduce police and fire calls. Oakdale MN Code of Ordinances: Chapter 7 - Page 11 4. The licensee shall comply with the mitigation plan as approved or modified by the Building Official. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Building Official a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Sec. 7-19. Tenant Background Checks. All licensees will conduct criminal background checks on all prospective tenants. The criminal background check must include the following: 1. A statewide (Minnesota) criminal history check of the prospective tenant(s) covering at least the last three years; the check must be done “in person” or by utilizing the most recent update of the state criminal history files; 2. A statewide criminal history check from the prospective tenants’ previous state of residence if the tenant is moving directly from the previous state; 3. A criminal history check of any prospective tenant in their previous states of residence covering the last three years if they have not resided in Minnesota for three years or longer; 4. A criminal history check of any prospective tenant must be conducted in all seven counties in the Twin City metro area covering at least the last three years, including all misdemeanor, gross misdemeanor and felony convictions. 5. Licensees will retain criminal history check information for at least one year after the date of the check or, if the subject of the check becomes a tenant of the licensed premises, one year after the subject of the check has ceased to be a tenant. Such information shall be available for inspection upon demand by the City Building Official during normal business hours. Oakdale MN Code of Ordinances: Chapter 7 - Page 12 COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Kyle Stasica, Finance Director Date: April 9, 2024 Time: 6:10 PM Subject: 2025 Budget Schedule BACKGROUND In order to prepare for the 2025 budget process, staff has composed the schedule below. When creating the calendar, the following statutorily defined dates and activities were considered: On or before September 30: Cities of a population greater than 500, the city council must adopt a preliminary tax levy and announce the time and place of a future city council meeting at which the budget and levy will be discussed and public input allowed, prior to the final budget and levy determination. This public input meeting must occur after November 24 and must start at or after 6 p.m. The time and place of the public input meeting must be included in the minutes, but newspaper publication of the minutes is not required. Cities over 500 population must provide the county auditor with the following information: • The time and place of the meeting at which the budget and levy will be discussed and public input allowed. • A phone number that city taxpayers may call if they have questions related to the auditor’s property tax notice. • An address where comments will be received by mail. Between November 11 and November 24: The county auditor prepares and sends proposed property tax (Truth in Taxation) notices. Between November 25 and December 28: Cities of population greater than 500 hold a meeting (at 6 p.m. or later) to discuss the budget and property tax levy and, before a final determination, and allows public input. On, or before December 28: Cities certify the final levy. Cities must also file the certificate of compliance with the Department of Revenue. PROPOSED Budget Calendar FY 2025 Budget Process for the City of Oakdale March 29, 2024 Department Heads received email containing 2025-2034 Vehicle and Equipment Replacement Plan/spreadsheet. April 8 – 11, 2024 Finance holds kickoff meetings with capital staff contacts for the 2025-2029 Capital Improvement Plan (CIP). 1 April 12, 2024 Department Heads receive email requesting any changes from the 2024 to the 2025 operational budget to maintain City services as currently operated, requested operational expansions, and requested changes to staffing / positions. May 10, 2024 Department Heads to respond back to Finance with upcoming budget to maintain current City services, requested operational expansions if any, and staffing / position changes. May 10 – June 4, 2024 City Administrator and Finance Director work with Department Heads on budget and personnel requests and prepare proposed increases/changes for Council. May 22, 2024 Department Heads to respond back to Finance with any changes to the 2025-2034 Vehicle and Equipment Replacement Plan/spreadsheet. June 11, 2024 City staff presents Council with baseline budgets for General, Enterprise, and Special Revenue Funds which incorporate: - Proposed grade / steps and cost of living adjustments (NOTE: 2024 is the union negotiation year for all union contracts 2025 – 2027) - Removal of one-time charges from prior year’s budget utilizing other funding resources - General increases for contractual services and supplies - City Administrator proposals on necessary increases to maintain current City services - Staffing/position adjustments initiated by departments and proposed by City Administrator - City Administrator proposals on support of requested increases to expand operations City Council input on changes/enhancements/prioritization of activities will be gathered and relayed to Department Heads when creating proposed budgets. June 12, 2024 or shortly thereafter Operating budgets are distributed to Department Heads with Council intent. June 26, 2024 Council requested changes to the operating budget to be completed and returned to Finance. June 26 – July 23, 2024 City Administrator & Finance Director review revised budgets. Finance Director communicates feedback/changes to Department Heads. July 9, 2024 Capital Improvement requests for 2025-2029 are due back to Finance. July 23, 2024 City staff presents Council with department proposed 2025-2029 CIP including the 2025- 2034 Vehicle and Equipment Replacement Plan. 2 August 13, 2024 Proposed 2025 General Fund budget is presented to City Council. August 27, 2024 Proposed Enterprise and Special Revenue Funds budgets are presented to City Council. September 10, 2024 City Council certifies 2025 Proposed Property Tax Levy and sets meeting date for the Truth in Taxation meeting. November 12, 2024 Council Budget Workshop to review final changes if any. Mid-November 2024 Proposed Property Tax (Truth in Taxation) notices sent by County to all property owners in the City. December 10, 2024 Truth in Taxation meeting for 2025 Budget and Tax Levies. City Council adopts 2025 Budget, 2025 Tax Levy and 2025-2029 CIP including the 2025-2034 Vehicle and Equipment Replacement Plan. COUNCIL DIRECTION REQUESTED At this work session, staff would like to hear from Council on the proposed timeline as presented. 3

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