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HomeMy WebLinkAbout2019-07-08 City Council Workshop Packet PLEASE NOTE START TIME PLEASE NOTE START TIME AGENDA MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:30 P.M. Monday, July 8, 2019 City Hall, Council Chambers A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Administration Department Presentation 2. Information Technology Department Presentation 3. Reasonable Accommodation Ordinance F. ADJOURNMENT RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. THIS PAGE IS INTENTIONALLY LEFT BLANK E1 Workshop Packet Page 1 of 29 E1, Attachment 1 Workshop Packet Page 2 of 29 E1, Attachment 1 Workshop Packet Page 3 of 29 E1, Attachment 1 Workshop Packet Page 4 of 29 E1, Attachment 1 oooo Workshop Packet Page 5 of 29 E1, Attachment 1 Workshop Packet Page 6 of 29 E1, Attachment 1 oo Workshop Packet Page 7 of 29 E1, Attachment 1 Workshop Packet Page 8 of 29 E1, Attachment 1 Workshop Packet Page 9 of 29 E1, Attachment 1 Workshop Packet Page 10 of 29 E1, Attachment 1 Workshop Packet Page 11 of 29 E1, Attachment 1 Workshop Packet Page 12 of 29 E2 CITY COUNCIL WORKSHOPSTAFF REPORT Meeting Date July 8, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Mychal Fowlds, IT Director PRESENTER: Mychal Fowlds, IT Director AGENDA ITEM: Information Technology Department Presentation Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Staff has been asked to present an overview of operations performed by the Information Technology Department. The IT Director will update Council on the previous year’s highlights and discuss goals and challenges for the year ahead Recommended Action: No formal action is required at this time. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. It is important that staff continues to keep the City Council aware of the happenings within the City’s various departments. Doing so ensures that everyone is on the same page, which, in turn, ensures that we are operating effectively. Background The Information Technology Department’s mission statement is “To provide the most effective information technology services and support possible to the City of Maplewood staff and citizens.” There are currently 4 full time equivalent employees (FTE’s) who carry out the department’s mission statement. The following is a list summarizing the main service areas of the Information Technology Department. Coordinating system/network operations & maintenance Workshop Packet Page 13 of 29 E2 Provide technology support to all City staff Research hardware & software alternatives Evaluate & implement new technologies Provide technology training to staff Manage security systems Attachments 1. IT presentation slides Workshop Packet Page 14 of 29 E2, Attachment 1 Workshop Packet Page 15 of 29 E2, Attachment 1 Workshop Packet Page 16 of 29 E2, Attachment 1 staff and citizens. IT services and support To provide the most effective possible to the City of Maplewood Workshop Packet Page 17 of 29 E2, Attachment 1 Workshop Packet Page 18 of 29 E2, Attachment 1 Workshop Packet Page 19 of 29 E2, Attachment 1 Workshop Packet Page 20 of 29 E2, Attachment 1 Workshop Packet Page 21 of 29 E2, Attachment 1 Workshop Packet Page 22 of 29 E2, Attachment 1 Workshop Packet Page 23 of 29 E2, Attachment 1 Workshop Packet Page 24 of 29 E3 CITY COUNCIL WORKSHOP STAFF REPORT Meeting Date July 8, 2019 Melinda Coleman, City Manager REPORT TO: REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTOR: Jeff Thomson, Community Development Director Reasonable Accommodation Ordinance AGENDA ITEM: Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: City staff is seeing an increase in the number of requests for reasonable accommodation. It is the policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide reasonable accommodations for persons with disabilities seeking fair and equal access to housing in the application of its zoning and other regulations. Reasonable accommodation means providing an individual with a disability, or developers of housing for an individual with a disability, flexibility in the application of land use and zoning regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to housing opportunities. Recommended Motion: No action required. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. Workshop Packet Page 25 of 29 E3 Background City staff has seen an increase in the number of requests the city is receiving for reasonable accommodations. In the past, staff has dealt with requests on a case-by-case basis but is now seeking a more consistent process. The city has approved two residential sober houses that exceed the zoning requirement for the maximum number of unrelated people that can occupy a single-family home. One approval was given via a lodging license and one through a written agreement drafted by the city attorney. These approvals were granted administratively by city staff after the review of the reasonable accommodation requested. Draft Ordinance The city attorney and city staff have drafted an ordinance which provides a more understandable and comprehensive approach to reviewing reasonable accommodation requests pursuant to federal law. An application would be required from any person who requests reasonable accommodation. Staff would then review the request against the standards laid out in the ordinance, and either approve or deny a reasonable accommodation license. The license would be limited to the property owner or occupant for which the license is issued and would not be transferable to other owners, occupants, or other types of reasonable accommodations. In drafting the ordinance, city staff considered three options for the administration of the reasonable accommodation license application: 1. The license application would be reviewed and approved or denied by the city council. 2. The license application would be reviewed and approved or denied by city staff. Staff’s decision would then be mailed to the applicant and to the owners of record of all properties which are immediately adjacent to the subject property. All parties would have 30 days to appeal staff’s decision to the city council who would make the final decision. 3. The license application would be reviewed and approved or denied by city staff, and there would not be an appeal process to the city council. City staff’s decision would be final. City staff recommends Option 3 in which the license would be approved or denied by city staff without the ability to appeal. Staff’s recommendation is based on current zoning administration ordinances and practices. The existing reasonable accommodations have been approved by city staff. Secondly, an appeal process is not consistent with other permits and licenses that are issued under the zoning ordinance. Lastly, an appeal process could create an unrealistic expectation that the city has discretion in approving or denying a reasonable accommodation based on objections from surrounding property owners that are not based on the federal standards and determination on what is reasonable. Commission Review The Planning Commission held a public hearing and recommended approval of the proposed ordinance on June 18, 2019. Attachments 1. Reasonable Accommodation Ordinance Workshop Packet Page 26 of 29 E3, Attachment 1 ORDINANCE NO. ____ AN ORDINANCE AMENDING CHAPTER 44 OF THE CITY CODE BY ADDING SECTION 44-22 WHICH PROVIDES A PROCESS FOR REQUESTING A REASONABLE ACCOMMODATION PURSUANT TO FEDERAL LAW The Maplewood City Council ordains as follows: Section I. The City Council of the city of Maplewood hereby amends Chapter 44, Article I of the Maplewood code of ordinances by adding a new section 44-22 as follows: Sec. 44-22. Reasonable Accommodation. (a) Policy and purpose. It is the policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide reasonable accommodation in the application of its zoning and other regulations for persons with disabilities seeking fair and equal access to housing. Reasonable accommodation means providing an individual with a disability or developers of housing for an individual with a disability flexibility in the application of land use, zoning and other regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to fair housing opportunities. The purpose of this article is to establish a process for making and acting upon requests for reasonable accommodation. (b) Initiation of reasonable accommodation request. Any person who requests reasonable accommodation in the form of modification in the application of a zoning or other regulation which may act as a barrier to fair housing opportunities due to the disability of existing or proposed residents, may do so on an application form provided by the city manager or such other person as the city manager may designate from time to time (the “Accommodation Specialist”). “Person” includes any individual with a disability, his or her representative or a developer or provider of housing for an individual with a disability. The application shall include a detailed explanation of why the accommodation is reasonably necessary to make the specific housing available to the person(s), including information establishing that the applicant is disabled under applicable laws, as well as other information required by the Accommodation Specialist to make the determination. If the project for which the request is being made also requires an additional land use review or approval, the applicant shall file the request concurrently with the land use review. (c) Accommodation Specialist determination; required findings. The Accommodation Specialist, in consultation with the city attorney, shall have the authority to consider and act on requests for reasonable accommodation. The Accommodation Specialist shall issue a written decision in which the request is approved, approved subject to conditions, or Workshop Packet Page 27 of 29 E3, Attachment 1 denied. In making the decision as to whether an accommodation is reasonable, the following factors shall be considered: (1) Special need created by the disability; (2) Potential benefit that can be accomplished by the requested accommodation; (3) Need for the requested accommodation, including alternatives that may provide an equivalent level of benefit; (4) Physical attributes of and any proposed changes to the subject property and structures; (5) Potential impact on surrounding uses; (6) Whether the requested accommodation would constitute a fundamental alteration of the zoning regulations, policies or procedures of the city, and/or nature of the area in which the accommodation is being requested; (7) Whether the requested accommodationwould impose an undue financial or administrative burden on the city; and (8) Any other factor that may be determined to have a bearing on the request. Any approval issued under this section may include such reasonable conditions that the Accommodation Specialist deems necessary to mitigate any adverse impacts that the granting of such reasonable accommodation may produce or amplify. (d) Notice of decision. The written decision of the Accommodation Specialist shall be mailed to the applicant and to the owners of record of all properties which are immediately adjacent to the property which is the subject of the reasonable accommodation requestwithin five business days of such decision being made. All written decisions shall give notice of the right to appeal a decision of the Accommodation Specialist pursuant to paragraph (h) below. The decision of the Accommodation Specialist shall constitute the final decision of the city, unless appealed according to the procedures and within the time limits provided in paragraph (h). Only an applicant aggrieved and immediately adjacent property owners who received notice by a reasonable accommodation determination has a right to appeal the decision. A reasonable accommodationapproved under this ordinance shall become effective on the first calendar day following expiration of the right to appeal. (e) Applicability. Any approved request shall constitute a limited license which shall allow the property owner or occupant to continue to rely upon such accommodation only so long as they own or occupy the property. Approval of a reasonable accommodation does not constitute a property right, does not run with the land, and does not provide future owners or occupants any rights to rely upon such accommodation approvals. Only the person who applied for such reasonable accommodation, and who is specifically named in the city’s approval of such accommodation, shall be entitled to the benefits and protections thereof. Workshop Packet Page 28 of 29 E3, Attachment 1 (f) Conditions and guarantees. Prior to the issuance of any permits relative to an approved reasonable accommodation request, the Accommodation Specialistmay require the applicant to record a covenant acknowledging and agreeing to comply with the terms and conditions established in the determination. (g) Fee. The city council shall annually set a fee in connection with a request for reasonable accommodation made pursuant to the provisions of this article. Additional fees for any other required permit or approval shall also be charged in accordance with the city’s general fee schedule. (h) Appeals. Any decision reached by the Accommodation Specialistpursuant to paragraph (d) above shall be subject to appeal to the city council by those persons with a right to appeal as provided herein. All appeals shall be initiated by submitting a notice of appeal, in writing, to the Accommodation Specialist within 30 days of the date upon which the decision was made. Upon notice of appeal, the city manager shall present such appeal to the city council for action within 30 days. The Accommodation Specialist shall also serve notice of such appeal on all parties entitled to receive notice of a decision issued under paragraph (d) above. Following a hearing on such appeal, the city council shall issue its findings, in writing, within 30 days. SECTION II. This ordinance shall be effective following its adoption and publication. Approved by the City Council of the city of Maplewood this _____ day of _______________, 2019. Marylee Abrams Mayor Attest: ______________________________ Andrea Sindt City Clerk Workshop Packet Page 29 of 29