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06/14/2011 - City Council Special
AGENDA SPECIAL CITY COUNCIL MEETING TUESDAY JUNE 14, 2011 5:30 P.M. EAGAN ROOM —EAGAN MUNICIPAL CENTER I. ROLL CALL AND ADOPTION OF THE AGENDA II. VISITORS TO BE HEARD III. CITY FIBER EXTENSION y (I IV. RENTAL REGISTRATION ORDINANCE e 14 V. CITY APPROACH TO SOCIAL MEDIA JLp VI. 2012 GENERAL FUND BUDGET UPDATE VII. OTHER BUSINESS VIII. ADJOURNMENT Agenda Information Memo Special City Council Meeting Workshop June 14, 2011 ACTION TO BE CONSIDERED: III. CITY FIBER EXTENSION Accept the recommendations of the Finance Committee to proceed with funding commitments of year one budget and four year plan for phased extension of City fiber for open access use by private sector providers to serve local business areas, and proceed with the issuance of the RFPs necessary to undertake construction. Direct recommendations to the June 21 City Council consent agenda for formal consideration. FACTS: • On January 4, 2011, the Eagan City Council accepted the 2010 report and recommendations of the City's broadband consultant which emphasized a twin strategy of seeking to attract a state- of -the- art colocation facility to position Eagan as a telecommunications hub for multiple providers while at the same time extending City fiber and duct to business locations in the city for open access use by any provider offering telecommunications services to Eagan businesses. • The Council's resolution noted that "the placement and construction of a colocation facility /data center and the installation and extension of City -owned fiber infrastructure are in the public interest and necessity as critical infrastructure" and are consistent with the City Council's goal to "Ensure the economic competitiveness of Eagan's business and residential communities in the global marketplace by anticipating and addressing the evolving "infostructure" bandwidth, capacity and speed needs of Eagan's residents, businesses and employers." • At its November 9, 2010 meeting the Finance Committee indicated comfort with funding of at least $2 million toward the two projects and directed Finance staff to determine the best possible source of funding. • While the two projects are being pursued concurrently, and are complementary, the fiber extension project is not dependent upon the co -lo project. • On June 2 the Finance Committee met again to focus directly on the fiber extension project and to review phasing for the project and financial assumptions. The Committee recommended a funding allocation of up to $2 million to get through the fourth year of the project. The Committee also made a recommendation that the City Council take formal action to authorize preparation of RFPs to determine precise pricing for year one objectives. • The first phase will maximize the number of businesses passed to which providers could sell services. • Regarding the colocation portion of the strategy, significant progress is being made and it is anticipated that recommendations regarding that piece will come back to the City Council /Finance Committee in September. Attachments: • Enclosed on page are the meeting notes pertaining to the fiber discussion from the June 2, 2011 Finance Comrittee meeting. • Enclosed on pages 5 and is the Fiber Market Analysis, which includes the Business Market and Build Out Assumptions and Financial Summary. FINANCE COMMITTEE MEETING NOTES JUNE 2, 2011 12:00 PM CONFERENCE ROOMS 2A &B Committee members present: Mayor Maguire and Councilmember Bakken City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Community Development Director Hohenstein, Chief Financial Officer Pepper, and Communications Director Garrison. Guests present: Andrew Cohill and Sid Boswell, consultants with Design Nine I. BROADBAND FIBER EXTENSION PLAN AND PHASING City Administrator Hedges introduced the item, noting the purpose of today's discussion is to determine the parameters of the proposed phasing of City fiber extension, and the associated costs /expected return on investment for the creation of open access fiber routes for business use. Hedges noted that staff is also seeking a recommendation from the Committee as to whether the Council should authorize preparation of RFPs to determine precise pricing for year -one objectives. Communications Director Garrison introduced Consultants Andrew Cohill and Sid Boswell from Design Nine, who reviewed a City fiber map with the committee. It was noted that a connection fee of approximately $500 would be proposed to be paid by the provider or customer. Mr. Cohill noted that ongoing marketing, branding, and public awareness campaigns would be necessary for the success of the project. The Committee reviewed the financial summary proposed for the fiber extension. City Administrator Hedges pointed out the modest staffing within support services that would be needed for the program, but acknowledged that the City would need to be very cautious not to overstaff the program. The Committee discussed an exit strategy should the fiber extension project not meet the expectations of the City. Mr. Cohill noted that the city would be in the position to sell the fiber network and suggested that the City would likely be able to recoup its initial investment. The Committee also discussed future opportunities to extend fiber to different markets in the community. Upon further discussion, the Finance Committee voiced their consensus that they are comfortable with the proposed approach and financing of the fiber extension. The Committee recommended a funding allocation of up to $2 million to get through the fourth year of the project. The Committee also made a recommendation that the City Council take formal action to authorize preparation of RFPs to determine precise pricing for year one objectives. 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O (A O co co -a- -a- r- W (D (H O CD O (D O ti O 0 co 0 0 O N co O O 3 O 11) O CD r I� a Co r) N CO CO ER ER O O O N N r N 49 too- 0 it En 69 '9 CO 46 49 E9 EA O O O co O O O O CO V � r O V O N r` C') V N E/) (R r ER a Q 0 „,x m w 7 a C O CD v m w a, E Q C) as < O 0 0 N 49 CR O N O 0 0 44 49 O N N- 0 0 49 E9 0 N O 0 0 EA E9 0 N 0 4,4 49 N V 0 0 0 0� N co ER CD 0 0 0 EA O O N O 49 N 0 0 0 69 0 O N O O F- 44 0 69 O O N 0 0 Q w 0 46 0 0 ER 40 K 46 0 0 g 49 O O C9 0 0 0 C9 O O N 0 ER co O to n E9 Agenda Memo June 14, 2011 Special City Council Meeting IV. RENTAL REGISTRATION DISCUSSION DIRECTION TO BE CONSIDERED: To receive a presentation and to provide staff with input /direction regarding the potential use of this tool for future private property improvement activities. FACTS: ➢ The topic of Rental Registration was discussed with the City Council Public Works Subcommittee in March of this year. The subcommittee determined there was a value to public safety and zoning enforcement to have such a program in place. ➢ The general purpose of a registration program is to provide the City basic information for rental property owners so City staff has contact information if code enforcement or public safety issues arise with properties that are not occupied by the owner of record. ➢ An organized registration program will assist in identifying and quantifying rental units within the City thereby making it significantly easier for City staff to contact a responsible party (property owner or manager) in order to share information and /or correct property issues that may arise. ➢ Additionally, due to the economy and its impact on the housing industry, there are likely more single family homes being rented and the owners have a little or no experience being a landlord. Having proper contact information will make reaching out and potentially providing assistance much easier. ➢ Planning staff researched a number of other communities to see what others do in this regard. The Public Works Subcommittee suggested a program similar to what is in place in Apple Valley would be appropriate. ATTACHMENTS: (1) City of pple Valley rental registration ordinance language and registration form are attached on pages c' through 13 . 7 Section QCHAPTER 122: RESIDENTIAL RENTAL PROPERTY 1:; 122.01 PURPOSE. (Ord. 826, passed 11- 20 -07) I Q § 122.02 DEFINITIONS. 122.01 Purpose 122.02 Definitions 122.03 Applicability; scope 122.04 Rental manager required 122.05 Registration 122.06 Registration fees 122.99 Violation For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. APARTMENT BUILDING. A multi - family building containing dwelling units in a stacked Page 1 of 4 Apple Valley Code of Ordinances TITLE XI: BUSINESS REGULATIONS CHAPTER 122: RESIDENTIAL RENTAL PROPERTY The purpose of this chapter is to protect the public health, safety and welfare of the community at large, and the residents of residential rental properties in the city. The purpose of this chapter is also to ensure that rental housing in the city is decent, safe and sanitary, and is so operated and maintained as not to become a nuisance to the neighborhood or an influence that fosters blight and deterioration, or does not create a disincentive to reinvest in the community. The operation of residential rental properties is a business enterprise that entails certain responsibilities. Owners and operators are responsible for taking such reasonable steps as are necessary to ensure that the citizens of the city who occupy such rental properties may pursue the quiet enjoyment of the normal activities of life in their surroundings that are: safe, secure and sanitary; free from noise, nuisances or annoyances; and free from conditions that endanger the health or safety of persons, and the security of property. http: / /www.amlegal.com/nxt/gateway. dll/Minnesota/ applevalley /titlexibusinessregulations /... 3/23/2011 r configuration, having common walls and floors /ceilings. APPLICANT. The natural person completing the registration form prescribed herein. DWELLING UNIT. A single unit providing a living space delineated by partitions of any kind for one or more persons. MULTIPLE RESIDENTIAL BUILDING. A building with any dwelling joined to another dwelling at one or more sides by a party wall or walls, including apartments, townhomes, twinhomes, duplexes or quadhomes. RENTAL MANAGER. Any natural person who has been delegated by the residential rental property owner the charge, care or control of a residential rental property, and is able to respond in person to issues related to the residential rental property. RESIDENTIAL RENTAL PROPERTY. Any building, or one or more portions thereof, occupied or intended to be occupied for residential purposes by a residential tenant. RESIDENTIAL RENTAL PROPERTY OWNER. Any person or entity owning residential rental property within the city. RESIDENTIAL TENANT. A person who does not own, but occupies a dwelling for residential purposes, for payment of a fee or other compensation to the owner, under a lease or contract, written or verbal. (Ord. 826, passed 11- 20 -07) 1J § 122.03 APPLICABILITY; SCOPE. This chapter applies to any dwelling, and any dwelling unit therein, that is a residential rental property as defined herein, including garages, storage buildings and appurtenances. This chapter does not apply to Minnesota Department of Health - licensed rest homes, convalescent care facilities, group homes and nursing homes; hotels, motels; and owner - occupied units or condominium units. (Ord. 826, passed 11- 20 -07) Q § 122.04 RENTAL MANAGER REQUIRED. Page 2 of 4 (A) Each residential rental property owner shall appoint a rental manager upon whom the city may lawfully serve notices pertaining to the administration of this or any other chapter of the city code or state or federal law, service of which shall be as effective as if made upon such residential rental property owner. (B) The residential rental property owner may serve as the rental manager, provided all requirements of a rental manager prescribed within this chapter are met by the residential rental property http:// www .amlegal.com/nxt/gateway.dll/ Minnesota / applevalley /titlexibusinessregulations/... 3/23/2011 owner. (Ord. 826, passed 11- 20 -07) Penalty, see § 10.99 Q § 122:0; form; (Ord. 826, passed 11- 20 -07) Penalty, see § 10.99 Page 3 of 4 (A) All residential rental properties shall be registered with the city by either the residential rental property owner or rental manager. Registration of each residential rental property shall be made on a separate form provided by the city, and shall include the following information: (1) The name, address and telephone number of the residential rental property owner and rental manager(s); (2) The name, address and telephone number of the natural person completing the registration (3) The address of the residential rental property. In the case of an apartment building, the applicant shall provide the address and name for the building, as well as the number of dwelling units contained therein; (4) Whether or not the residential rental property owner or rental manager conducts a criminal background check on each and every residential tenant; (5) Whether a written lease exists for the residential rental property and each unit dwelling thereon; and (6) Whether a written lease addendum commonly known as a "Drug Free/Crime Free Lease Addendum" exists for each and every written lease. (B) Upon completion of the registration form, the city shall issue to the registrant a certificate of registration as proof of the registration. Certificates of registration shall be non - transferable and state the following: the date of issuance; the address of the residential rental property and the name, if an apartment building, of the residential rental property owner; the name(s) of the rental manager(s); and the number of dwelling units located within the residential rental property. Within 30 days of a transfer of ownership, change in rental manager, change in the number of rental units, or change in dwelling occupancy from owner occupancy to rental tenant occupancy, the residential rental property owner or rental manager shall complete and submit a registration form for each and every residential rental property affected by the transfer or change. (C) A residential rental property owner owning residential rental property at the time of the adoption of this chapter shall have 180 days from its effective date to comply with the registration provisions contained therein. http: / /www.amlegal. com/nxt/ gateway .dll/Minnesota /applevalley /titlexibusinessregulations /... 3/23/2011 ll P§ 122.06 REGISTRATION FEES. The fee for registration shall be set forth in the appendix to Chapter 35 of this code. The registration fee shall be paid at the time the registration form is submitted to the city. (Ord. 826, passed 11- 20 -07) R§ 122.99 VIOLATION. (A) It is unlawful for any person to provide false information on the prescribed registration form. (B) It is unlawful for any person or entity to operate or cause to be operated any property as a residential rental property without first registering with the city as set forth herein. (Ord. 826, passed 11- 20 -07) Penalty, see § 10.99 .2taciainien This Code of Ordinances and /or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for Informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toil-free at 800 - 445 -5588. m 2011 American Legal Publishing Corporation techsu000rt(dta' mlegaLcom 1.800.445.5588. http: / /www.amlegal. comhixt/gateway.dll/ Minnesota / applevalley /titlexibusinessregulations /... 3/23/2011 Page 4 of 4 ••• •••• A Valley Dear Rental Property Owner, City of Apple Valley 7100 147th St. W Apple Valley, MN 55124 Telephone: (952) 953 -2500 Fax: (952) 953 -2515 Pursuant to Apple Valley City Ordinance §122, "Residential Rental Property" either a residential rental property owner or rental manager shall register all residential rental properties with the City of Apple Valley. In the case of a transfer of ownership or change in rental manager or change in the number of rental units or change in dwelling occupancy from owner occupancy to rental tenant occupancy the residential rental property owner or rental property manager shall complete and submit a registration form for each and every residential rental property affected by the transfer. Please complete one registration form for each residential rental property address. Check one of the following that applies: Requirement to update information. Within thirty (30) days of the transfer of ownership or change in rental manager or change in the number of rental units or change in the dwelling occupancy from owner occupancy to rental tenant occupancy the residential rental property owner or rental manager shall complete and submit a registration form for each and every residential rental property affected by the transfer. E New Rental Registration E Change of Address /Phone Name (if owner is a business: Legal Address: Street: r Change of Owner r Change of Rental Manager E Change in Number of Units I. Person Completing Registration Form First Name: Middle Name: Last Name: Street: City: State: Home Phone: Work Phone: Mobile Phone: E -Mail Address: II. Property Information Legal Address of Property: Number: Street: City: State: Zip: Number of Rental Units: Apartment Building Name: III. Property Owner Name (if owner is a natural person: First Name: Middle Name: Last Name: Company Name: City: Owner Phone: E -Mail Address: Rental Property Registration Form I), E Change from Owner Occupancy to Rental Tenant Occupancy Zip: State: Zip: IV. Rental Manager A rental manager is any natural person who has been delegated by the residential rental property owner the charge, care or control of a residential rental property and is able to respond in- person to issues related to the residential rental property. A RENTAL MANAGER IS REQUIRED. Each residential rental property owner shall appoint a rental manager upon whom the City may lawfully serve notices pertaining to the administration of this or any other Chapter of the City Code or state or federal law, service of which shall be as effective as if made upon such residential rental property owner. The residential rental property owner may serve as the rental manager, provided all requirements of a rental manager prescribed within Apple Valley City Ordinance §122 are met by the residential rental property owner. First Name: Middle Name: Last Name: Street: City: State: Home Phone: Work Phone: Mobile Phone: E -Mail Address: V. Questions Any person providing false information on the prescribed registration form shall be guilty of a misdemeanor and subject to fine. A. Does the residential property owner or rental manager conduct a criminal background check on each and every residential tenant? B. Does a written lease exist for each and every residential rental property and unit dwelling thereon? V. Instructions r Yes r No r Yes r No Zip: C. Does a written lease addendum commonly known as a "Drug Free /Crime Free Lease Addendum" exist for each and every written lease? r Yes r No After completing this form in its entirety, submit it either electronically or by mail or in person at: City of Apple Valley ATTN: Rental Registration 7100 147th Street West Apple Valley, MN 55124 13 Agenda Information Memo June 14, 2011 Special City Council Meeting V. CITY APPROACH TO SOCIAL MEDIA ACTION TO BE CONSIDERED: None. Informational update on staff progress toward social media implementation and personnel policies regarding use. FACTS: • In mid -May the City launched a redesigned Website meant to provide greater visual identity, support and flexibility for growing Eagan's social media presence. • Prior to now, the City had limited experiments with the Parks and Recreation Department on Facebook, E -TV on YouTube, and by extension the Eagan Convention and Visitors Bureau on both Facebook and Twitter. • A cross - departmental team has reviewed social media policies and approaches by various cities and states and also recommended go- forward approaches for Eagan. A specific Twitter experiment to increase utilization of Cascade Bay was also authorized. • In general, however, the consensus recommendation is there be one City Facebook page capable of supporting content from all City departments rather than individual departmental pages, yet utilizing multiple individual posters within City departments to keep content updated. • Precise staffing and training to support the City's social media presence is still being reviewed within available resources. • The City's Website, www.cityofeagan.com, is still considered to be the City's primary electronic means of conveying information to the public and social media postings will be encouraged to have links to the City Website because of its more extensive availability of information. • Yet engaging new audiences and the widest possible number of residents with social media is one more important means of communicating city services and offerings and receiving important and timely feedback. • The recommendation is to allow comments on City social media sites to build trust and transparency, yet content that is ugly, offensive, profane, denigrating or out of context, will be removed by the Communications Department in consultation with the City Administrator's office. A set of guidelines regarding the submission of inappropriate content and reserving the City's right to remove such content will be posted for the public. • From the standpoint of employees posting content to the City's social media pages, customer protection and respect are paramount and —as with any inappropriate use of city equipment — personnel policies will be in place to prevent employee postings of personal or political opinions, or the pursuit of private business activities or for commercial or personal transactions. 1� • A final policy will incorporate steps to ensure required record retention and data practice requirements while not burdening the City with highly transitory content that does not need to be kept. • The Communications Department must still be notified regarding posts which result in contact from the media. • After an initial trial period, other Facebook or Twitter pages will be considered, but the intended communication purposes /objectives/benefits of additional sites must be spelled out as well as who will be maintaining the site, and the intended frequency of posts and updates. • If the City Council is comfortable with the outlined approach to the City's initial use of social media, a social media use policy will be included on the June 21 consent agenda for formal Council consideration. Attachments: • None Agenda Information Memo June 14, 2011, Special Eagan City Council Meeting VI. 2012 GENERAL FUND BUDGET UPDATE ACTION TO BE CONSIDERED: This is an information /discussion item and no specific action is required. FACTS: • In late April, staff began the 2012 budget process and Department Directors are preparing 2012 budget proposals for the various divisions and departments. The General Fund and Civic Arena proposals are to be submitted to the City Administrator by June 17, 2011. Following submission, budgets will be reviewed by the staff budget team with departmental meetings conducted the weeks of June 20 and June 27. • The City Administrator's recommended budget is scheduled to be presented to the City Council for formal and detailed review on August 23 at the special meeting. • As a starting point, Directors have been instructed to prepare status quo budgets with increases only for inflation, excluding personnel adjustments. In the personnel section the preliminary budgets prepared at the department level will include step adjustments and only the changes to benefit levels that are in place, e.g. health insurance contributions. Only department reorganizations are to be considered in the preliminary personnel section of each budget (no staffing increases are to be proposed). The personnel sections of the preliminary budgets will be revised later with updated salary information as it becomes available. • Staff is approaching the budget preparation with the City Council's Budget / Fiscal 2011 — 2012 Goal in mind to "Maintain the City's long- standing, fiscally - prudent and responsive budgeting approach while pursuing fiscal independence and self reliance in long -term budgeting ". /4� • The budget team and department directors will be working to develop public policy questions for City Council deliberation at subsequent meetings. While the appropriate time to address the various items will vary, issues with policy implications for the budget and tax levy include the following (most of which are a continuation from preparation of the 2011 budget with even more uncertainty added): o Continued economic uncertainty o The City's declining tax base o The impact on tax capacity and cash flow resulting from tax court challenges to estimated property values (primarily commercial / industrial)— Status of 2011 collections relative to the levy for an allowance for uncollectible taxes for payable 2011 o Change to the Market Value Homestead Credit and uncertainty with the potential imposition of levy limits o The continued need for budgets to be practicable in the short-term while sustainable for the long -term o Developing a proper balance between resources dedicated to operations and to infrastructure and equipment; potential reallocation of costs and /or tax revenues o Increases to health insurance costs o Continued implementation of Normal Costs for post retirement health insurance o Contract negotiations for both 2011 and 2012 o Payroll plan disparities between collective bargaining units and other employees o Organizational and departmental rightsizing o Consideration of a new levy for the Park Systems Development and Renewal & Replacement Fund • The other Enterprise Fund operating budgets including Water, Sanitary Sewer, Storm Drainage, Water Quality, Street Lighting, Community Center, and Cascade Bay are due to the budget team on September 2 and are tentatively scheduled to be presented to the City Council on October 11. • Capital budgets including the Part II (Vehicles & Equipment) CIP and General Facilities Renewal & Replacement are also being prepared at this time and are due on June 17. • This budget cycle continues the process of enhancing the budget to become a better and more comprehensive planning, policy, and communications tool through recommendations of the Government Finance Officers Association. ATTACHMENTS: • Enclosed on page J v is a copy of the 2012 Budget Calendar. April 26 April 29 June 14 June 17 Weeks of June 20 and June 27 July /August August 23 September 2 September 6 September 15 2012 Budget Calendar Kickoff meeting Budget documents distributed to departments: Brief budget process update to Council at Special CC meeting Deadline for: • Operating budgets: o General Fund o Civic Arena o E -TV • Capital equipment budgets (Part II CIP — Vehicles & Equipment) • Facility Renewal & Replacement proposals Budget team meets with Departments to review requests; Finance prepares preliminary revenue estimates City Council reviews /approves Civic Arena budget City Administrator's recommended General Fund budget presented to Council at special meeting Deadline for: • Utilities • Cascade Bay • Eagan Community Center • Eagan Convention and Visitors Bureau City Council approves preliminary levy at regular meeting Preliminary levy certified to County October 11 (tentative) City Administrator's Enterprise Fund and ECVB budgets presented December 6 Truth -in- Taxation hearing December 20 Final 2012 budget and levy adopted by Council Note: Council may elect to conduct budget open house(s) sometime in the fall.