06/28/2004 - City Council Special~~_ ~ -
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TO:
FROM:
DATE:
SUBJECT:
MEMO
City of Eagan
HONORABLE MAYOR AND CITY COUNCIL
CITY ADMII~TISTRATOR HEDGES
JUNE 25, 2004
SPECIAL CITY COUNCIL WORKSHOP /JUNE 28, 2004
A Special City Council Workshop is scheduled for Monday, June 28 at 5:30 p.m. in the
Eagan Room of the Eagan Municipal Center. As the attached agenda indicates, the
Council Workshop is scheduled from 5:30-7:00 p.m., following which Mayor Geagan has
asked that the City Council meet in a retreat setting in the Municipal Center lunch room
to catch up on goals, etc.
In order to provide enough advanced notice to the Airport Relations Commission (ARC),
please note that the ARC is scheduled to meet with the City Council at the July 13
Council Workshop.
Upcoming workshop items for July and August include the Civic Arena budget, the City
logo, a joint meeting with the Gun Club WMO and other advisory commissions,
research/findings on the Flow Rider, land use issues associated with fireworks sales, City
technology policies, sister city relationships, Cedar Grove Redevelopment updates,
Dakota County Public Safety Radio System, and continued updates regarding the 2005
budget.
If any member of the City Council has questions pertaining to the items scheduled for the
June 28 Council workshop, please feel free to contact me.
City Administrator
Agenda Information Memo
June 28, 2004 Eagan City Council Workshop
III. MASSAGE THERAPIST LICENSING
ACTION TO BE CONSIDERED: (1) To provide direction to staff confirming the
existing regulation or to direct preparation of an ordinance amendment regarding the
licensing of massage therapists and massage therapy establishments. (2) To provide
direction to staff regarding the investigation and licensing fees for massage therapists and
massage therapist establishments.
FACTS:
• At the February 17, 2004 City Council Listening Session after an appeazance by
Dave and Margie Ragsdale, owners of Keep in Touch of Eagan, staff was directed
to survey other cities and coordinate information regazding the licensing of
massage therapists and massage therapy establishments.
• The State Legislature gave some consideration to State wide licensing of certain
massage therapy activities; consequently, the scheduling of this item was held
pending State action. The Legislature adjourned without taking any action on this
issue that staff is aware of.
• There is a wide disparity in what other cities charge to investigate and license
these activities, if they do so, for the purpose of providing regulation.
• Eagan's fees appear to be reasonable based on the actual cost of providing these
services and a reduction will likely result in a subsidy.
• Staff is suggesting that it maybe appropriate to consider not licensing individual
massage therapists but to continue licensing the establishments.
• The Ragsdales will be contacted informing them that this item is on the agenda.
ATTACHMENTS:
• Enclosed on pages ~_ through ~_ is a copy of a memo from Director of
Administrative Services VanOverbeke summarizing the research and staff
discussion regazding this issue.
FROM: Director of Administrative Services VanOverbeke
DATE: May 25, 2004
SUBJECT: Massage Therapy Licenses
Background
Resulting from an appearance by Dave and Margie Ragsdale, owners of Keep in Touch
of Eagan, at the February 17, 2004 City Council listening session, staff was directed to
coordinate information and survey other cities regarding the licensing of massage
therapists and massage therapy establishments.
Eagan first began licensing both massage therapists and massage therapy
establishments through the adoption of an ordinance amendment in 1989. In response
to changing conditions, primarily the acceptance and widespread use of massage
therapy, and requests from practitioners, the ordinance has been amended a number of
times over the years. The annual license fees for massage therapists and massage
therapy establishments as well as the investigation fees for each first time applicant
have been set through the adoption of the City's annual fee schedule. I believe the City
policy position has been that the licensing of the therapists and establishments met the
appropriate standard of providing for the public health and welfare of the community. It
has logically followed that, if a City license is to be issued, the issuance should be
approved only after an appropriate investigation of the individuals and establishments
requesting to be licensed. The dollar amount of the license and investigation fees has
been based on the City's desire to collect fees that recover the City's costs while
remaining somewhat consistent with fees in other communities as a benchmark. In
Eagan these massage therapist and massage therapy establishment fees have not
been arbitrarily set at levels to attempt to control or financially restrict access to the
practice of massage therapy.
Previously, at the request of the Ragsdales at the June 10, 2003 Special City Council
Meeting, the therapist background investigation fee was reduced from $200 to $100 and
the annual therapist license fee was reduced from $50 to $25. Also included in the
motion was the action to not change the initial business license fee, the annual business
license fee, the business background check fee, or the initial therapist license fee.
Comparative Data
The following table illustrates Eagan's current license and investigation fees for
massage therapists and massage therapy establishments as compared to 13 other
cities roughly comparable to Eagan in population. This is the same list of cities
previously used for comparison in the review of liquor license fees.
3
Massa a Thera ist Massage Therapy
Establishment
Cit
License Background
Investi ation
License Background
Investi ation
A le Valle - - - -
Blaine - - - -
Bloomin ton 22.75 - - -
Brookl n Park - - - -
Burnsville 100.00 100.00 - -
Coon Ra ids 35.00 35.00 3,350.00 1,675.00
Eden Prairie - - - -
Edina - - 250.00 1,500.00
Lakeville 25.00 100.00 - -
Ma le Grove 75.00 75.00 75.00 -
Minnetonka 50.00 - 300.00 300.00
PI mouth 25.00 50.00 6,600.00 500.00
St. Louis Park - - 125.00 -
Ea an 25.00 100.00 300.00 300.00
Average Fee-
Calculated
Including Eagan
44.72
76.67
1,571.43
855.00
Conclusion
Given the relatively small number of cities in this group that license massage therapists
and massage therapy establishments along with the wide variation in fees, the survey
information may not be as instructive as one would hope. Unfortunately, as we have
already seen, it also allows the selective gathering of information from particular cities to
demonstrate a particular point in reviewing both the "license° and "not license" question
and the related fees.
In reviewing the information in the table it seems that the Eagan fees have been set at
reasonable levels in that they cover the City's costs, are not so high as to discourage
entry into this business, and are comparable to other cities that have chosen to be
involved in this particular regulatory process.
have met and reviewed this information with Deputy City Clerk McGarvey and Police
Chief Therkelsen and we have concluded that on the one extreme it would probably be
more appropriate from the City's perspective to discontinue licensing thereby eliminating
the license and investigation fees than to further lower the rates and subsidize the
regulation through tax dollars or other revenues. However, as a middle ground position,
the Police Department feels strongly that the City should continue to investigate and
license the massage therapy establishments. That would continue requiring massage
therapy to take place in those or specifically exempted locations (primarily medical
facilities) and could continue to provide for temporary off-site permits for therapists
employed by a licensed establishment.
Not licensing the therapists and licensing the establishments in this manner would make
the background, qualifications and related professional standards of the therapists the
responsibility of the massage therapy establishments without City control or
enforcement. Any potential illegal activities would be covered by other ordinances or by
State laws.
Please let me know, if there is anything else you would like in advance of this item being
considered at the June 8, 2004 Special City Council Meeting or if you would like to
discus this matter.
Director Administrative Services VanOverbeke
cc: Police Chief Therkelsen
Deputy Clerk McGanrey
s
Agenda Information Memo
June 28, 2004 Eagan City Council Workshop Meeting
IV. SHORT TERM RENTAL PROPERTY IN RESIDENTIAL
NEIGHBORHOODS
ACTION TO BE CONSIDERED: To provide staff direction regarding potential
modifications of the City Code as they may pertain to short term rental facilities in
residential neighborhoods, the definition of "family" as applied to the occupants of
housing units and/or on-street parking regulations.
FACTS:
• On March 24, 2004, the City received a letter from a resident of Widgeon Way
South, outlining a series of concerns regarding certain single family homes in his
neighborhood being occupied by persons other than their owners. While the
resident acknowledged that properly licensed group homes and rental properties
generally are permitted within single family neighborhoods, he identified a series
of specific issues he believes to be consequences of the non-owner occupancy of
the properties and he asked that his concerns be addressed and forwarded to the
City Council. These concerns included traffic, speeding, late night activity, on-
streetparking, frequent turnover of residents of one or more properties, more than
five unrelated people sharing a home and property maintenance issues.
~ Council members received the item in an informative memo and requested that it
be place on a workshop agenda for discussion.
• In the meantime, the City's Zoning Enforcement staff and Police Department
investigated and responded to the specific issues that constituted violations of
existing ordinances. In particular, an officer approached the manager of the group
home about the traffic issues and asked their cooperation in reducing this impact
on the neighborhood. According to the resident, this communication by the
officer has resulted in the adverse activities associated with that property being
substantially reduced.
• One of our zoning enforcement officers performed an inspection of maintenance
issues associated with the properties identified by the resident and the general
neighborhood. While no substantial violations were identified at that time, staff
asked the resident to contact us as he observes violations to permit us to respond
as promptly as possible, when particular activities may be occurring.
• The issue that has been more challenging to resolve has been that of the number
of residents in a particular home and the perception that it may be rented on a
room by room basis and by the night, resulting in the turnover in occupants of the
home that the resident says he has observed. He has indicated that he and his
neighbors have reason to believe that the property is a "crash pad", used by airline
personnel for short term rentals and advertised at Northwest Airlines facilities for
airline employees on layover or in the City temporarily. The resident raises the
W
issue of whether short term rentals actually constitute a business use of the
property rather than a residential one.
• The resident forwarded the City a phone number that was posted at Northwest
advertising rooms to rent in Eagan. Zoning Staff and the Police Department are
contacting the number and residents at the home to gather additional information
about the situation. The result of their contact was a determination that it appears
the owner is not violating the City Code concerning the definition of family. This
determination is based on information supplied by two renters indicating that only
five people are renting the home. They stated that there are no short term rentals
(daily, weekly or monthly), but they sometimes have up to three other people who
are not renters staying there for short periods of time. The residents
acknowledged that they became aware of the availability of the home through a
posting on an employee bulletin board at Northwest Airlines.
• The City Attorney has advised that cities may not require properties to be either
owner occupied or rental. Cities can regulate properties on the basis of housing
type and can promote the public health, safety and welfare by defining an
unrelated "family" by size, to prevent overcrowding of housing units.
• It also should be noted that enforcement of the maximum family size is one of the
more difficult standards to investigate, because it typically requires access to the
property and cooperation by the residents, particularly when the apparent
occupancy is close to the permitted maximum. Even so, when concerns of this
kind are received, staff makes an effort to ascertain the facts that are available and
to educate the owners of the property of the City standards.
• At the present time, the City does not have a mechanism or regulation that
prohibits short term rentals in residential areas or differentiates between short
term and long term rentals. The City Attorney's office has prepared background
with respect to the options that may be considered in this regard ranging from
modifications of the existing Code to the potential of rental housing licensing.
ISSUES:
Definition of Family -The resident has suggested that modifying the definition of
"family" to permit fewer unrelated people to meet the definition might reduce the
perceived impacts of rental properties on residential neighborhoods. Staff
research indicates that many cities have a definition of family similar to Eagan's,
plus or minus a roommate. While there is some variation among communities,
the responses staff received during its research suggested that the challenge lies in
determining that a violation exists within a private home, regardless of the
definition that is being enforced. Staff is requesting Council direction as to
whether a modification of the definition of "family" for purposes of the zoning
code would be beneficial in this instance or generally.
Regulation of Short Term Rental Properties - If the Council determines that the
issue being raised justifies a different form of regulation than is currently
available, there are a range of alternatives that may be considered from modifying
code definitions to rental licensing. The City Attorney's analysis outlines issues
relative to such alternatives. The more substantial the requirements, however, the
more important it would be to provide adequate staff resources to perform
additional enforcement or compliance inspections. Staff is requesting Council
direction as to whether a modification of the City's residential housing definitions
regulations would be beneficial in this instance or generally.
On Street Parking Regulations -The resident has suggested that further regulating
on-street parking might be a means of limiting uses that generate or attract large
numbers of cars by forcing them to accommodate all parking on private property.
Code Enforcement, Public Works and Police staff discussed the City's history in
considering on street parking restrictions other than the odd-even parking
requirements during the snow season. While there are communities that prohibit
overnight on-street parking year round or require all vehicles parked on the street
to be moved at certain intervals, Eagan has been reluctant to pursue similar
regulations in the past, offering instead to consider petitions for parking
restrictions from neighborhoods facing particular issues. Staff has some concern
too, that modifying parking restrictions in cases such as this may be treating the
symptom and not the cause. The number of people in a home appears to be the
issue and the fact that each of them apparently drives results in the on-site and on-
street parking issues. Staff is requesting Council direction as to whether a
modification of the City's on-street parking regulations would be beneficial in this
instance or generally.
ATTACHMENTS:
• Resident letter on pages ~.
• City Code section pertaining to the definition of family on page ~~
• Staff memo regarding definition of family size in other communities on pages
~~_
• City Attorney's memo regardin regulation of short term rental properties in
residential areas on pages 7-'
• Staff memo regarding potential costs of rental housing licensing on pages
Iq-a0
~~
24 March 2004 BAR ~ ~
?Odq
Mr. Tom Hedges
City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: Zoning for Single Family Home
Dear Tom,
I writing to you regarding my concern and those of homeowners in the neighborhood regarding
the rapid deceleration of our neighborhood into a commercial area, and not the residential
neighborhood that it was, or was designed to be or what the homeowners believed they
purchased.
Below !have outlined two events that have altered the original neighbofiood, and one that
appears to be about ready to again negatively alter the neighborhood.
In 1988 I purchased a single famil detached home ("SFH") at the above address. This property
is located on Lot >•, Block subdivision to the City of Eagan. The property
has Covenants and Restrictions dated 13 April 1979. In 1988, all of the lots were occupied by
SFH's and were occupied by their owners. The ingress and egress is by a single street shaped
in an approximate cul-de-sac with many of the lots located at are near a rising hill. See
attachment.
1. About four years ago the SFH at~llVdgeon Way (Lot ~, Block was converted to
a Group Home by Minnesota Social Services. This is an approved use of the SFH.
2.. Shortly after that property was converted, the SFH a~'1N'~dgeon Way (Lot ~ Block
was converted to an unauthorized commercial business, to wit, a roomin4 house
occupied by up to ti-unrelated persons, by an absentee landlord.
3. I believe that the SFH located at~IVdgeon Wa ay have been
sold to an investor. I have checked with Michael Siewert of Dakota County Social
Services, and he has advised me that they have not received an application for a Group
Home or Assisted Living Facility for
Page 1 of 4
9
.~:.
~ .`.
The current City of Eagan planning code defines a SFH as:
°Dwelling, single family means a building designed for arf occupi"ed by one (1) ~ •~'
family."
Further research shows that the City of Eagan's definition of a family is:
"Family means an individual or two (2) or more persons each related by blood,
marriage, or adoption living together as a single housekeeping unit; or a group of
not more than five (5) persons not so related maintaining a common household
and using common cooking and kitchen facilities. For the purposes of .this
definition, housekeeping unit means all persons residing within a dwelling unit
whose relationship includes substantial amount of social interaction, including the
sharing of housekeeping responsibilities or expenses and the taking of meats
together.°
With the Group Home widgeon Way, the occupants are not a concern and the property
has been regularly maintained. The concern from this property is the caregivers. Apparently
there is ashift-change for the caregivers about 10:00 p.m. Often the caregivers who are
arriving for the night shift arrive at or very near the scheduled time. These arriving caregivers
often are driving at speeds well in excess of the posted speed limit, and if one is outside at that
time of the evening it is a dangerous time. Tuesday evenings seem to be the scheduled
meeting night for the caregivers, as many cars arrive and stay for about an hour or so, and then
most depart rapidly to other destinations.
The Rooming House located at~V~dgeon Way is approximately 200-feet from the Group
Home. The roomers have from 5 to &vehicles. The roomers appear to stay at the Rooming
House for periods ranging from 30-days to 120-days. The lawn, scrubs and trees are poorly
maintained, and the grass (actually primarily weeds) is cut about 3-times per season. It is my
opinion that the Rooming House does not meet the City of Eagan's definition of a
"housekeeping unit.
My reading of the City of Eagan's definiti of:°housekeeping unit°, leads me to believe that the
intent was that the unrelated persons ac~d ~as a "family° even though they are not related by
blood, adoption or marriage. The roomers occupying ~~dgeon Way are really not a
"housekeeping unit", but rather short-tenn tenants ("roor~ ers,") that pay a rental fee to an
absentee owner, and have access to cooking and tauncl~y appliances. 1 do not believe
the intent is to authorize such a commercial short-term living facility in our residential
neighborhood.
..~~ . ,.
My experience has been that short-term r~entafs are usually in`a commercially'zoned area, and
that they have a different set of requirements or standards. It is my belief and that of other
homeowners that the Rooming House at~Widgeon Way is in violation of the Code.
Page 2 of 4
~D
The affect of these two properties and ~llllidgeon Way) on the remaining
properties is to convert a residential neighborhood into a commercial for-profit zone.
This commercialization creates the following problems:
1. Increase in Vehicle Traffic: The two lots now have more vehicles than four SFH's in the
neighborhood. This contributes to a safety issue for persons in the area. Extra vehicles
are parked on the public street, occasionally for several days. I have been told that the
City of Eagan does not have a time limit for vehicles parked on public streets. Without
limiting the time a vehicle is parked on a public street, you increase potential risks, and
the streets become an unregulated parking lot for inoperable vehicles.
2. Unknown Persons: The Boarding House has an ever-changing group of boarders
whose background is unknown. On occasion the police have been called to this
property by other neighbofiood SFH owners.
3. Deterioration of Property: Absentee landowners often do not maintain their properties to
more than the minimum to maximize their financial rate of return.
4. General Decline: The City of New York established a policy under its prior mayor that
effectively enforced what had been previously considered minor offences. When
enforcement of °minor* offences was enforced, the affect was that heretofore "-major'
offenses decreased.
5. Decline In Value: The SFH are depreciating in value compared to a similar property that
is not under going a transition to semi-commercialization. This downward spiral will
affect not only the quality of the City of Eagan, but will result in lower taxes.
If the SFH at~VVdgeon Way that is presently sold, with a planned closing on or abort 30
April 2004, is allowed to violate the Code in a similar manner to the Rooming House at
Widgeon Way, the value of the properties in the neighborhood will rapidly decrease in value.
The City code as presently written appears too generous compared with Burnsville for example,
where (Chapter 4, Definitions, 10-4-2) defines "FAMILY" as "An individual or two (2) or more
persons related by blood, marriage, guardianship or adoption living together as a single
housekeeping unit; or a group of not more than four (4) persons not so related maintaining a
common household and using common cooking and kitchen facilities; or a residential program
(group home) for six (6) or fewer persons as defined and licensed by the State of Minnesota
Department of Human Services" [emphasis added].
I would respectively request that the Mayor and the City Council of Eagan immediately to take
the following actions:
1. Enforce the Code as it relates to the Rooming House at~wdgeon Way, by issuing
a cease and desist order to the landlord.
2. Request that the City Planner review the present Code, and report his findings to the
Council.
~/ Page 3 of 4
3. Request the police department to review the affect of allowing vehicles unlimited time to
park on public streets.
White 1 am writing to you concerning my neighborhood, the problem relates to the entire Ciiy of
Eagan and thus has far reaching affects. I believe that most homeowners would be very
concerned about the potential for their neighborhoods and in many cases their single largest
investment to be potentially subjected to negative changes as those I have outlined here.
I look forward to responding to questions that you may, and suggestions that you may have that
might reverse the negative affects at least as how they relate to the Boarding House and
potenti~FLexpansion of boarding houses.
P.S. Please mike copies of ~is fetter available to the Mayor and City Council members as well
as to appropriate City employ es.
~~ Page 4 of 4
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MEMO
' city of eagan
TO: Jon Hohenstein, Community Development Director
FROM: Mary Granley, Code Enforcement Tech
DATE: June 3, 2004
SUBJECT: Family Definition
As requested, following is the City Code section pertaining to the definition of family:
Sec. 11.30. Definitions
The following terms, as used in this chapter, shall have the meanings stated:
Family means an individual or two or more persons all of whom are related to one
another by blood, marriage, or adoption living together as a single housekeeping unit; or
a group of not more than five persons all of whom are not so related to each other, but
maintain a common household and common cooking and kitchen facilities. For the
purposes of this definition, housekeeping unit means all persons residing within a
dwelling unit whose relationship includes a substantial amount of social interaction,
including the sharing of housekeeping responsibilities or expenses and the taking of
meals together.
Please let me know if you need further information.
/~f
~rt -~
^~~ t+ f;*
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,.
~~~ city of eagan
MEMO
TO: Jon Hohenstein, Community Development Director
Mike Ridley, City Planner
FROM: Mary Granley, Code Enforcement Tech
DATE: May 28, 2004
SUBJECT: Definitions of Family
Eagan City Code defines a family is an individual or two or more persons all of whom are related
to one another by blood, marriage, or adoption living together as a single housekeeping unit; or a
group of not more than five persons all of whom are not so related to each other, but maintain a
common household.
In response to the City Council's request to determine how other cities or counties regard the
definition of "family", following is information compiled from a survey sent through a MCMA
listserv request.
The total number of cities responding to the survey: 35
In 32 of the 35 cases, the responding city's code reads basically the same as Eagan's. The
difference noted in the survey responses is that the number of unrelated individuals allowed in a
single family dwelling varies from 2 to 6. In the 3 cases in which the cities' definition is quite
different, the cities either do not address a family definition, or have a definition of family as "a
group of individuals living under one roof '.
The responses categorize as follows:
Cities allowing not more than 2 unrelated persons: 1
Cities allowing not more than 3 unrelated persons: 4
Cities allowing not more than 4 unrelated persons: 14
Cities allowing not more than 5 unrelated persons: 12
Cities allowing not more than 6 unrelated persons: 1
Unlimited number of people allowed: 2
Ordinance doesn't address a family definition:
Total:
35
/5
It is important to note that enforcing the family definition is generally very difficult because of
the privacy of residential properties. Investigating a complaint on a property where there maybe
a rental situation may first involve trying to determine whether or not the residents are related by
blood, marriage or adoption. Unless someone is willing to share this information voluntarily, or
provide a driver's license, or birth, marriage or adoption records, verification of this maybe
overwhelming. If someone voluntarily admitted the residents are not related, then a way to
determine the actual number of residents is needed. Again, we would rely on voluntary
information provided to us. To actually verify living arrangements, it maybe essential to gain
access to the interior of a home to inspect the property condition. Some items that may require
assessment are bedrooms, lockable interior doors, kitchen facilities, bathrooms and separated
areas of the residence. Gaining access to the interior of a home is an obstacle, and interior
inspections may not reveal the true nature of how many people aze renting or using the property
as a short-term or long-term residence.
Eagan's code does not reference the following items, which were noted in the code responses
from other cities:
• Domestic servants, personal care attendants, and gratuitous guests are excluded
when determining the number of individuals within a home.
A definition of a "traditional family" (one or more persons related by blood or
marriage residing in a single family dwelling) and a "functional family" (a
collective group of unrelated persons residing in a single family dwelling limited
to not more than 2 adults, together with their traditional family members of any
age); and a defmition of "related by blood".
• A residential program (group home or foster care) for 6 or fewer individuals, as
defined or licensed by the state shall not constitute a family.
• A definition of boarding or rooming house (a dwelling unit where lodging with or
without meals is provided for compensation and occupied by five or more adult
individuals).-
• A family is defined as a group of no more than 6 people plus their offspring.
• Family does not include any group where the common living arrangement or basis
for the establishment of the housekeeping unit is temporary.
• A requirement of two off-street parking stalls for each living unit (required
because of large number of rentals and local college).
For the purposes of this review, we have determined that the definition of family and number of
unrelated person is not provided in State Statutes. Therefore, it appears said number can
arbitrarily be set by the municipality.
Please contact me if you have further questions.
I6
SEVERSON, SHELDON,
DOUGHERTY & MOLENDA, P.A.
SUITE 600
7300 WEST 147TH STREET
APPLE VALLEY, MINNESOTA 55124-7580
(952)432-3136
TELEFAX NUMBER (952) 432-3780
E-MAIL bauer; @seversonsheldon.com
TO: Jon Hohenstein, Community Development Director
FROM: City Attorneys' Office
DATE: June 3, 2004
RE: Short-Term Rental Issues
Jon,
This is by way of follow-up to your inquiry concerning short-term rental issues in the City. We
provide the following response to the questions raised:
Issue 1: Can the City regulate whether a residential unit must be owner occupied?
Response: Generally the City cannot mandate that asingle-family
home be "owner-occupied."
Issue 2: Can the City regulate the definition of "family" for purposes of health, safety
and welfare?
Response: Pursuant to MIiJx. STAT. § 412.221, subd 32, the City
Council would have the authority to provide for the government and
good order of the City, .the protection of public and private
property, the benefit of residence, trade and commerce and the
promotion of health, safety, order, convenience, and general welfare
by such ordinance is not inconsistent with the Constitution and the
laws of the United States or of this State as it shall deem expedient."
The current definition of "family" in the City Code appears to be
adequate. The Code defines "family" as "[AJn individual or two or
more persons all of whom are related to one another by blood,
marriage, or adoption living together as a single housekeeping unit; or
a group of not more than five persons all of whom are not so related to
/~
each other, but maintain a common household, kitchen and facilities."
For the purposes of this definition, "housekeeping unit" means "[A]11
persons residing within a dwelling unit whose relationship includes a
substantial amount of social interaction including the sharing of
housekeeping responsibilities or expenses and the taking of meals
together." Eagan City Code § 11.30.
Under this definition, transient guests would not generally meet the
"common household and common cooking and kitchen facilities"
maintenance requirement, nor "the sharing of housel~eeping
responsibilities and the taking of meals together."
Issue 3: Can the City differentiate between the short and long-term rentals?
Response: The general welfare statute cited above generally gives the
City Council broad "general welfare" powers as well as protection of
~ private property and benefit of residence, trade and commerce. The
~`' City currently differentiates somewhat between long and short-term
rentals in its definitions of "hotels" and "motels." Both are defined as
~~ a building or a group of buildings offering transient lodging
`, p accommodations to the general public, which may provide additional
VJ services such as restaurants, meeting rooms, and recreational facilities.
The differences between the two definitions are that hotels allow
access by an inner hallway and motels allow access from the outside.
Another difference that the "motel" definition specifies that the rental
is on a daily basis, whereas the definition of "hotels" does not include
that specification.
Issue 4: Can the City use the current definition of hotels and motels?
Response: Generally speaking, no. Arguably, if the rental of the
house is fox the entire house, then it would appear that the definition of
"motel" may apply. If the rental is for sleeping room only, then the
definition of "hotel" may be more applicable.
Alternatives: To the extent that the Council desires to prohibit
rooming houses within residential zoning districts, it should give
consideration to directing our office to make modifications to the
current Zoning Code. Generally speaking, the City cannot prohibit an
activity, however, we can amend the Zoning Code to add a definition
of "rooming house" and make this either a permitted or conditional use
within a specified zoning district. Conversely, we could modify the
definition of "family" or create a new definition of "single-family
dwelling" that would effectively prohibit rooming houses within a
residential district.
If you have any additional questions or comments concerning this matter, please feel free to give
me a call.
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city of eagan
MEMO
TO: JON HOHENSTEIN, DIRECTOR OF COMMUNITY DEVELOPMENT
FROM: DALE SCHOEPPNER, CHIEF BUILDING OFFICIAL
DATE: JUNE 3, 2004
SUBJECT: RENTAL HOUSING LICENSES
Research performed by Erik Slettedahl estimates that the City has between 230-250 single family
dwellings/duplexes that are rental property. This estimate comes from data collected from the
2000 census and by researching non-homestead single family dwellings and duplexes.
Cities administer these programs a number of different ways; some inspect on a complaint only
basis (St. Paul); some inspect every five years (Minneapolis); and some perform yearly
inspections (Bloomington).
Bloomington regulates 285 single family dwellings and 100 duplexes with one inspector and a
percentage of clerical support.
St. Paul licenses approximately 4,200 single family dwellings and duplexes rental units. The staff
supporting this program consists of two inspectors, one clerical, and one supervisor.
Minneapolis has approximately 12,000 single family dwelling units and duplexes in its program
with 22 inspectors and five clerical staff.
It appears that Bloomington's program is closest to the scope of a potential program in Eagan.
More research would be needed to establish a budget amount; however, one inspector and possibly
a 1/3 time clerical staff would be an estimate for personnel. Vehicles, computers, work stations,
telephones, etc. would have to be added to any estimate for a program.
If you need any more information, please advise.
Chief Building Official
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Non-Homestead Single Family Detached and Twin Home Units
May 2004 N
249 total units
2000 Census 233 total single family detached rental units
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Agenda Information Memo
June 28, 2004 Eagan City Council Workshop
V. 2005 BUDGET /STATUS UPDATE
ACTION TO BE CONSIDERED:
This is an informative/discussion item and no specific action is required.
FACTS:
In early May staff began the 2005 budget process and Department Directors are
preparing 2005 budget proposals for the various divisions and departments. The
proposals are due to the City Administrator on June 18, 2004 and will be reviewed in
meetings in late June and early July. Depending on the workload and other priorities,
review with the City Council is expected to formally begin in late July or early
August. Enclosed on page ~_ is a copy of the Preliminary 2005 Budget
Calendar as presented to staff.
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Staff was also reminded of the City Council adopted goals for 2003-2004 to: Q p~-,~, Q ~y.~
• Streamline City operations and staffing to reduce City costs and improve „~`s wo,.r ~ t ~a
efficiencies and output. w ~
• Research the impacts of the possible reduction in non-essential services ~ ®Kv N~
currently provided within the City's annual budget. ~x,.~ ~..~~
As a starting point and consistent with past practice, Directors have been instructed to
target an inflationary 3% increase or less in each department. In addition they have
been asked to clearly outline resource requirements to maintain the current level of
services and to adjust for budgetary items that fluctuate from year to year
The 2005 budget will present a number of significant public policy questions for
consideration by the City Council. For example, there is still a great deal of
uncertainty about a Special Session being called and what further State budget
deliberations nught do to cities including Eagan. Also, the Homestead Market Value
Credit (HMVC) is due to be restored for payable 2005, however, with the State's
looming budget problem for its 2006-2007 fiscal years, budgeting for HMVC in the
City's 2005 budget could likely be problematic. Finally, certain expenditure items
may have been postponed by the City in 2004 to maintain basic services and will
need to be addressed in 2005. On the positive side, there are currently no levy limits
imposed by the State for taxes payable in 2005, although that too may change if there
is a Special Session. These and other public policy issues will be brought before the
City Council for action and direction as more information becomes available.
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CITY OF EAGAN
PRELIMINARY 2005 BUDGET CALENDAR
May 11, 2004 Preliminary budget distn~ution for City Administrator and all
Department Heads.
May 11-June 18 Department Heads prepare department budgets, enterprise
budgets and the 2005-2009 CIP.
Jnrie 18 -early-July ~ Finance Department completes revenue estimates.
City Administrator and Finance Department confer with
Departments.
City Administrator's budget drafted for presentation to the City
Council.
Late,Jnly City Council considers budget.
August ZO * County Auditor notifies the City of the dates which have been
selected by school districts and the County for Truth-in-Taxation
hearings.
September 15 * City must certify proposed levy to the County Auditor, the City
must also adopt a proposed budget.
City must select dates for initial hearing and continuation hearing
(if needed).
Early December Truth-in-Taxation Public Hearing
December 21 Final Adoption of Tax Levy and 2005 budgets.
*Dates have not been confirmed by State legislature.
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Agenda Information Memo
June 28, 2004 Eagan City Council Workshop
VII. 2003-2004 CITY GOALS DISCUSSION
ACTION TO BE CONSIDERED:
This is an informative/discussion item and no specific action is required.
FACTS:
• The City Administrator will be prepared for a brief discussion on the City Council's
Goals and any other items of business that the Council may wish to discuss.