HomeMy WebLinkAbout2010/03/01 - ADMIN - Minutes - City Council - Study Session f/fSt. Louis Park OFFICIAL MINUTES
MINNESOTA CITY COUNCIL SPECIAL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
MARCH 1, 2010
The meeting convened at 6:30 p.m.
Councilmembers present: Mayor Jeff Jacobs, Phil Finkelstein, Anne Mavity, Paul Omodt, Julia
Ross, Susan Sanger, and Sue Santa.
Councilmembers absent: None.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Police Chief(Mr. Luse),
Police Lieutenant (Ms. Dreier), Police Lieutenant (Mr. Kraayenbrink), Director of Inspections (Mr.
Hoffman), Inspection Services Manager (Ms. Boettcher), Communications Coordinator (Mr.
Zwilling), and Recording Secretary (Ms. Hughes).
1. Rental Licensing Program
Mr. Hoffman presented the staff report and stated that staff will also be providing Council with an
update on the Victoria Lakes apartment complex. He stated the purpose of considering an
ordinance change would be to develop minimum standards and provide an added tool for the city to
utilize if the rental property owner or manager is not doing a good job of managing the business.
Poorly operated businesses can negatively affect livability for the rental building residents, neighbors,
and the community. The City's goal would be to enhance the ordinance without creating additional
work on the part of complying business owners or City staff.
Mr. Scott presented an overview of the proposed ordinance changes, including the establishment of
criteria that triggers action related to property maintenance deterioration, violation of the crime-free
provisions, failure to provide background checks, failure to have signed leases, or failure to cooperate
with the Police Department or Inspections staff. He explained that if a specific property has a
history that develops a trigger, this could lead to the issuance of a provisional license with specific
conditions to correct the deficiencies that led to the repeated violations. He noted that the primary
reason for issuance of a provisional license would focus on repeated police calls for crime and/or
disorderly conduct. He stated that there is some concern about how this type of ordinance would
impact how people might report crime or disorderly conduct and whether there may be some
intimidation on the part of residents. He pointed out there is a State statute on domestic abuse,
already a part of the City's crime-free ordinance, that states if someone reports domestic abuse, it
does not go against the property. He also noted that the City already has provisions in its ordinance
that states every lease in the City must have a provision that states if three disorderly/nuisance type
incidents occur in the same unit, the landlord must evict the tenant.
Councilmember Finkelstein stated he felt the proposed ordinance changes should be seriously looked
at and the City has the authority to make these changes in the crime-free ordinance pursuant to its
health and safety powers.. He stated there are other license holders in the City, e.g., alcohol and
beer, which face increasing penalties if they are not compliant with the City's licensing provisions.
He indicated that in the absence of voluntary conformance, the City, under its safety and health
provisions, can invoke this provision. He stated if there are landlords that are not meeting their
Special Study Session Minutes -2- March 1, 2010
obligations, it is not the City's responsibility to have its police force spending an inordinate amount
of time responding to calls at the offending properties.
Mayor Jacobs agreed with Councilmember Finkelstein.
Councilmember Ross concurred, but expressed concern that if increasing penalties are imposed on a
particular property resulting in a property that cannot be rented, it becomes a financial hardship on
the landlord, which will likely trickle down to the other tenants. She stated her concern is for those
tenants who are being compliant.
Councilmember Sanger also agreed with Councilmember Finkelstein and stated if a landlord is
being responsible, the landlord would already be spending money to address these issues. She
indicated that while conceptually the changes make sense, she felt that landlords are already taking it
out on their tenants by not using rent money for maintenance. She stated that the City already has
in place a per unit "three strikes and you're out" provision; however, if you have a large apartment
complex with 50 units and a significant amount of bad behavior, but because no one tenant has
three strikes, all the bad behavior continues and there is no incentive to improve. She asked if there
is some way to add a provision to the crime free ordinance that includes consequences for the
landlord when, in the aggregate, there are a significant number of units with consistent problems
She also asked if there is a way for the City to obtain a Court order to escrow rent money to pay for
repairs in those situations where a landlord consistently fails to perform required maintenance and
building upkeep. She stated that another concern she has is those tenants who are sub-leasing their
units without any background checks being done, and she asked if the City can ban sub-leasing or
require background checks on sub-lessees.
Mr. Scott stated that the City does not have authority to tell a landlord who they can or cannot rent
to.
Councilmember Finkelstein pointed out that the City cannot and does not do this.
Mr. Scott stated that if the provisional license criteria were invoked, the City could probably impose
procedures requiring background checks, but the landlord has the ultimate decision in renting out its
property.
Councilmember Sanger asked if the ordinance requires the posting of a notice so that tenants are
aware of the status of a particular property and who to call at City Hall if they have questions.
Mr. Hoffman replied the ordinance requires that properties post their license.
Mr. Scott stated that if landlords have a seemingly liberal policy on who stays at their property, the
City does not have any basis for intervening in that situation. He indicated that the proposed
ordinance changes will serve to put landlords on notice that if they continue to have violations on
their property, additional ordinance requirements will be activated that require action on the part of
the landlord.
Special Study Session Minutes -3- March 1, 2010
It was the consensus of the City Council to direct staff to proceed with development of the
ordinance amendments.
Councilmember Mavity requested that the entire ordinance be made available to the City Council
when the proposed amendments are brought back to the Council.
Ms. Dreier presented an update on 8400 Minnetonka Boulevard stating things came to a head at
this property in late summer with behavior affecting people in the surrounding area; and as a result,
the Police Department began collecting data and has learned that there were 503 police calls at this
50-unit property last year. She indicated as a comparison, the 156-unit Meadowbrook complex had
740 police calls and a 43-unit complex on the City's north side had 101 police calls. She stated that
staff has identified approximately fourteen units in the Minnetonka Boulevard complex that were
responsible for most of the police calls and that staff has been meeting with the building
management weekly to establish procedures for dealing with the problem tenants, but it appears
there are still a significant number of problem units that are not being addressed. She added that in
January and February of this year, the Minnetonka Boulevard complex had 115 police calls, but
noted that 83 of those calls were initiated by the Police Department to check on the property.
Mr. Hoffman stated there was a change in ownership at 8400 Minnetonka Boulevard in January, as
the result of a sale of 51% of the business. He stated that staff has learned that the property has
previously operated on a month-to-month cash lease basis and suggested that staff may wish to look
at this from a zoning perspective. He presented a document containing conditions of 2010 license
issuance drafted by the City Attorney intended to assist the owner in better managing its properties
and improving the condition of its properties, and the new owner appears committed to turning this
property around. He noted that because this property recently had a point of sale, City staff will be
performing a property maintenance inspection that will include a full building inspection of all the
units.
The meeting adjourned at 7:20 p.m.
Written Reports provided and documented for recording purposes only:
2. Update on the Financial and Operational Status of Project for Pride in Living's (PPL)
Louisiana Court Development
3. Update on SWLRT Project, the Pending -ig Rail Study and Station Area Planning
Nancy Stroth, City Clerk JeJai!s, ayor