DAYTON PUBLIC SAFETY COMMISSION

Assistant Fire Chief Gary Dotseth was not present, but sent a message that the new grass rig was in the Fire Department and commissioners were welcome to see it. Commissioner Ziebell mentioned the Fireman’s Dance on February 20^th.

POLICE DEPARTMENT: CHIEF RICHARD PIETRZAK

Chief Pietrzak was not able to attend the meeting, so Secretary Lynn Reichstadt gave the report to the commission. Chris McGill passed his psychological and will begin his training period. The other three part-time officers have been working and have been doing a great job. Chief Pietrzak is still considering one, possibly two more of the candidates.

LIAISON: COUNCIL MEMBER PHIL FORSETH

Council Member Forseth mentioned the City Council set up the bond issue for $24,000,000. City Council granted a senior deferment and approved the assessment role. The nuisance ordinance was reviewed again by the City Council. The Public Safety commission had recommended removing some of the sections that were covered by state statutes. The council wanted to leave some of these sections in the ordinance to help with the enforcement of administrative tags. They hope to have everything for the nuisance ordinance finalized soon. Council Member Forseth mentioned that the administrative tags information had been passed on to the City Attorney and should be back for final council approval at the beginning of May. Council member Forseth mentioned he would be participating in the interviewing of both a part-time Financial Director and possible candidates to perform rate study for sewer and water. This will be a city wide rate study.

OLD BUSINESS:

There was continued discussion regarding the rental property ordinance. At the March 14^th meeting, the commission agreed that they wanted to review the Champlin Ordinance and suggest any changes they would like to see in the Dayton Ordinance using the Champlin Ordinance as a model. Commissioner Johnson mentioned she did not feel that if a homeowner decided to rent a room to someone and is living in that home also, they should not be considered rental property. The language “excluded from rental property licensing requirements are single family owner occupied units” or something similar should be included in the ordinance. There was discussion about whether there should be a limit as to how many rooms can be rented out. There was discussion about whether not having a lease would make that exception. The commission agreed that this would only encourage people to not have a lease. Council Member Forseth mentioned that this ordinance is not only to make sure tenants abide by rules, but is also assuring the tenants have a safe and healthy place to live. The commission continued to discuss how to exclude homeowners with room mates from rental license requirements. Commissioner Johnson stated she had a problem requiring a homeowner who lives in the house but rents a room to be licensed. Council member Forseth mentioned someone living in the home could rent out several rooms. He suggested maybe adding wording that gives the City discretion about who they would require to license.

The commission wanted to see the inspection portion remain. They would like there to be minimum standards. The commission continued to discuss the homeowner occupied rental property and recommend adding an exception for homeowner occupied single family homes. Commissioner Johnson mentioned Minneapolis’ policies on notices of conduct. Commissioner Johnson mentioned the enforcement section should state that any notifications of violations will be sent via regular mail and registered mail. Commissioner Ziebell asked if the council would be the one to revoke a license. Commissioner Johnson mentioned if someone was going to have their license pulled, they would have a right to a hearing.

In section 22-110 section 2, Commissioner Johnson mentioned that this section could be a problem. If you would have in the lease that the renter has to give you 60 days notice, you would have to give someone you were evicting a 60 day notice. The City Attorney should review this wording and make sure that this is the appropriate wording. Council Member Forseth mentioned that there was nothing mentioned regarding emergency situations, such as meth labs, allowing them to pull the license as soon as possible.

There was discussion about whether to have the license transfer should the property be sold. The commission felt the license should not transfer. There was discussion about the minimum standards in Minneapolis listing the requirements for smoke detectors on each floor including the basement, in each bedroom and each hallway, within 15 feet, leading to the bedrooms. If you remodel the home, you have to bring the property up to the current requirements. The commission also wants to see a requirement for a CO detector. There was discussion about occupancy standards and Commissioner Johnson mentioned the industry standard is 2 people per bedroom plus one. Commissioner Johnson mentioned that this is not typically part of the rental licensing. This is something that is usually regulated by landlords. The commission felt this would not need to be included in the ordinance. It was mentioned that the trespass section of the nuisance ordinance or the state statutes should be referenced in the rental licensing ordinance.

There was discussion about inspections and how often they would be done. The commission recommended every other year. There was discussion as to how detailed these inspections would be. Commissioner Johnson mentioned they should be an inspection based on the minimum housing quality standards. Council Member Forseth mentioned that if we have the building inspector perform these inspections they charge right around $50 per hour. Hiring someone else would cost close to the same. Commissioner Hagel mentioned you would need to specify what is to be inspected because an inspection could be very detailed or very simple. Commissioner Johnson said an inspection of minimum quality housing standards should not take more than one hour. It is not meant to be a building code enforcement inspection. There was discussion about the fees for inspections. The commission suggested this be a flat fee separate from the license fee.

The commission suggested that anywhere there is reference to a Code Enforcement Officer, the wording be changed to Code Official. The Champlin Ordinance covers the definition of a Code Official and this could be whoever is appointed by the City Administrator.

Section 22-107 should include the wording “this may be grounds for termination of rental license”. The commission asked for all of their suggestions to be organized in a list format and brought to the May 9^th, 2007 meeting to be reviewed before the recommendations are forwarded on to the City attorney for a draft ordinance.

Motion: I’ll make a motion to adjourn

Motion was made by Johnson, seconded by Heeter

Ayes: Ziebell, Heeter, Johnson, Hagel

Nays: None Motion declared passed

Approved: __________________________ Attest: _____________________________