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HomeMy WebLinkAboutWK - January 26, 2021Y O%F OVE. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV City Council Workshop Tuesday, January 26, 2021 Council Chambers Call to Order — 6:00 p.m. 2. Discuss Nightingale St. NW & Veterans Memorial Blvd. NW/Pedestrian Crossing Option - Engineering 3. Discuss Repairs to Public Works Building - Engineering 4. Discuss Sanitary Sewer Clearwell/Lift Station Bypass Construction — Engineering 5. Discuss Potential Outdoor Pickleball Court Locations/Pickleball Study/21-15 - Engineering 6. Discuss Property Maintenance Code Update — Planning/Building Discuss Comprehensive Plan Amendment — Planning/Administration 8. Discuss Community Center Commission By -Laws - Administration 9. Other Topics 10. Adjournment All members of the Andover City Council will participate in the January 26, 2021 Special City Council meeting by telephone or video conference rather than by being personally present at the City Council's regular meeting place at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN 55304. City Staff will be present at City Hall for the meeting. Members of the public can physically attend, although there is very limited seating in the Council Chambers as appropriate social distancing will be done by the City Staff and visitors. NO DVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator David D. Berkowitz, Director of Discuss Nightingale St. NW & Veterans Crossing Option - Engineering January 26, 2021 Engineer Blvd. NW Pedestrian 0 INTRODUCTION The City Council is requested to discuss a possible improvement of a Compact Roundabout at Nightingale Street NW and Veterans Memorial Boulevard NW to provide a safe pedestrian crossing and provide traffic calming in the area. DISCUSSION A Compact Roundabout has been shown to be an affective way to provide traffic volume control at congested intersections along with providing safe pedestrian crossing and traffic calming. As stated on the Minnesota LTAP website "Smaller roundabouts take less time to build, reduce impacts to adjacent property owners, and use fewer materials to construct. These three outcomes result in a cost savings ratio of two to one and sometimes up to three to one when compared to traditional -sized roundabouts." Although the intersection of Nightingale and Veterans Memorial does not ha trafga_. volume concerns at this point this may be an effective way to provide the safe pedestrian crossing that is desired. Compact Roundabouts are a smaller diameter footprint then the standard single/multilane` roundabouts. The center island for this improvement is small with no landscaping or obstrucaps and provides good sight angles and can be driven over (referred to as entirely mountable) b},- be rear axles of semi -trailers and school buses. BUDGETIMPACT Costs for Compact Roundabouts can range from $200,000 to $600,000 compared to $1,000,000 to $2,000,000 plus for a single/multilane roundabout. For this application staff is estimating the total project cost to be between $300,000 to $400,000. Additional study would be needed to determine a better cost estimate. ACTION REQUIRED The City Council is requested to review and discuss the thoughts on pursuing a Compact Roundabout at Nightingale Street NW and Veterans Memorial Boulevard NW and direct staff on how to proceed. If the Council is interested in evaluating such an improvement staff with work with a consulting Engineering firm to review and provide more detail for discussion with the City Council. Respectfully submitted, ��David D. Berkowitz Attachments: Compact Roundabout Presentation by MSA at the League of Wisconsin Municipalities 121st Annual Conference, October 2019 `� Compact Roundabouts Traffic Calming Techniques Emergency Vehicle Preemption (EVP) 4'' League of Wisconsin Municipalitic- 121st Annual Conference October 2019 Ben Wilkinson, PE Roundabout Practice Lead (608)216-2057 bwilkinson@msa-ps.com Chad Wagner, PE Traffic Engineer (608)242-6651 cwagner@msa-ps.com Compact Roundabouts A cheaper way to deliver_ congestion relief MSA 10/17/2019 • Roundabouts can have very significant safety and congestion -relief benefits • Can be expensive • Roundabout design involves trade-offs between capacity, safety and cost • So how to provide sufficient capacity and good safety potential at a reasonable cost? O MSA • Three common pitfalls in roundabout analysis that can lead to bigger (and more expensive) designs: • Traffic forecasts that overestimate traffic growth and indicate more lanes will be needed sooner • Capacity models that are very "conservative" and indicate failure of a single -lane design sooner • Design horizons that are inappropriately long for the project or site context • Being overly "conservative" in some or all of these areas can lead to a roundabout that is more expensive (and potentially less safe) than it should be G MSA • Accommodate a smaller design vehicle (especially for turning movements) • Useless outer curb • Use less expensive materials • Keep the approaches more on alignment (although this must be traded off against the benefits associated with a more "squared up" intersection) • Make the central island fully -mountable so the footprint can be considerably smaller DMSA 0 • Mini -roundabout • ICD: 50 FT — 90 FT • Central Island and splitter islands are fully traversable • Compact roundabout • ICD: 80 FT -100 FT • Similar to mini but larger and may be applicable to higher speed roadways and roadways with higher truck volumes • Essentially the same but compact roundabouts can be larger and may have central islands that are not fully traversable O MSA 11 10/17/2019 3 • A mini -roundabout is defined as a roundabout with a fully -mountable central island • Splitter islands may also be mountable • Originally developed in the UK as a lower-cost alternative to normal roundabouts 10/17/2019 • Existing intersection footprint is expanded a little or not at all • Commonly used there as a right-of-way control device (similar to an all -way stop, but more efficient) O MSA Trucks may need to pass over central island. Q0 MSA UK Mini -Roundabout Reading, UK (photo + reversed) UK Mini -Roundabout 11 G MSA As early as 1955 (Hunts Point, WA) 12 »DMSA 10/17/2019 Benefits • Small intersection footprint • Efficiency > all -way stop control (AWSC) • Safety = AWSC when designed correctly • Cost < traffic signals 13 Constraints • Can't accommodate more than about 15,000 vpd • Not ideal with high volumes of trucks • Generally not suitable on high-speed approaches • Can't install signs in central island, so can be difficult to see and difficult to maintain in winter O MSA 3 Weeks; $172,000 to construct 14 PjMSA 10/17/2019 Source: Scott Zehngraff, Asst. State Traffic Engineer, GDOT 15 • AWSC (50mph) • Six Weeks • $64,000 • 50 veh queue before ... no queue after G MSA (J—MSA 16 10/17/2019 • Costs to retrofit have been reported between $65,000 and $600,000, depending on materials and footprint • The general rule of thumb seems to be about one-third the cost of a normal roundabout • Mill and overlay, pulverize and relay 17 DMSA DMSA 18 10/17/2019 rj MSA 19 • Mini -roundabouts are being increasingly used in rural areas, particularly busy intersections in villages or as part of rural traffic calming schemes • Experience is showing they can work safely where the posted speed limit is 40 mph if approach speeds are reduced prior to entry • Ideal as a replacement for AWSC • Higher capacity than AWSC because they can service two to three vehicles at any time • Need to address lack of central island visibility DMSA Til 10/17/2019 10 • Unlike normal roundabouts, mini -roundabouts don't always create sufficient speed control by deflecting vehicles around the central island • Therefore approach and transition zone treatments may be needed to ensure drivers are slowed prior to the entries • Mini -roundabouts also need to be in an environment where they will be expected and visible to approaching drivers 21 P DMSA f-0) MSA 10/17/2019 ill Illumination is essential but /K lower levels are needed 23 FJ MSA • As a replacement for two-way stop control (TWSC) — dominant movements are habitual — in particular at higher speed locations • Four -lane roadways • Locations in which U-turn truck traffic is expected since trucks may not be able to physically make the movement • Where the 85th percentile speed exceeds 40 mph and there is no scope to reduce approach speeds through approach and transition zone treatments @MSA 24 10/17/2019 12 • Study from 2009 to 2016 on 15 sites in six states • 4 rural, 3 urban, and 8 suburban • 8 AWSC, 6 TWSC, 1 New • Cost — 7 less than $50K, 3 were $50K to $200K • Varying speeds and AADT • Before and after operational assessment • Before and after safety assessment • Before and after observational assessment 25 • Results to be published later this year • Mini -roundabouts are successfully suited for: • Urban/suburban sites; and rural sites with heavy volumes and low/moderate speeds • TWSC/AWSC with single lane approaches • Limited budgets (as low as $10K to $100K) • Locations in need of capacity improvements with little budget • Right-of-way constraints • High speed sites have safety concerns W. DMSA O MSA 10/17/2019 13 n is 10/17/2019 14 • 66 AWSC intersections in Washtenaw County • 13 meet warrants for traffic signals • Some intersections have 5 -minute delays during peak periods IFE MS; MSA 061 10/17/2019 15 All -Way Stop with 45 mph Posted Speed Limit Video - Before As -Constructed Mini Roundabouts l� Final cost $700,000 with congestion i �' eliminated -A'_ As -Constructed Mini Roundabouts Stony Creek Ra ®� 1� HltchinChom Rd. ��' 35 Average Crash Rates(crashes/MEV) 0.1 0.0 0.2 0.0 0.6 0.6 0.3 1.7 0.7 0.6 0.5 1.7 Source: Washtenaw County Road Commission Tj O MSA (21MSA 10/17/2019 LU Before AWSC ■Like ■Disliked 0 N Opinion Source: Washtenaw County Road Commission and VHB 37 After Mini -Roundabouts • Strongly Favor ■ Favor • Somewhat Favor ■Oppose ■ Strongly Oppose Source: Washtenaw County Road Commission and VHB 38 (9J MSA DMSA 10/17/2019 19 Washtenaw County Washtenaw County Superior Street at La Crosse Street 41 MSA Roundabouts can have very significant safety and congestion -relief benefits • These benefits are best realized through well-designed roundabouts, especially at this (still) early stage of roundabout implementation However that doesn't mean roundabouts have to be expensive • Can we save more lives with one $2.5M roundabout or four $625K roundabouts? G MSA c2 10/17/2019 21 (ANDOVE-^ T Y O F 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administra FROM: David D. Berkowitz, Director of Pu 'c orks/City Engineer SUBJECT: Discuss Repairs to Public Works Building - Engineering DATE: January 26, 2021 INTRODUCTION The City Council is requested to discuss repairs needed to the old Public Works Building and direct staff on how to proceed. DISCUSSION The Parks area of the old Public Works Building (South side, constructed in 1972) needs repair. The current issues are degradation of the hollow metal door frames and window frames and cracking and degradation of adhesion of concrete and insulation veneer of the precast concrete panels. Staff worked with an Architect and Structural Engineer to review the structure and found that the structure itself is intact enough to support the loads and continue service. They provided two recommendation to consider: Selective Demolition and Renovation for a cost of $1,300,000 or Demolition and New Construction for $1,700,000. Since the building is structurally sound staff determined another possible solution which ,Xould e&iabe to replace the windows and doors, install new hoods over the doors and cover theldded portion of the building with a Insulated Panel Material that would be anchored back to the interior precast. The cost for this would range from $135,000 to $150,000 depending on the extensiveness of the work. A product sample will be provided at the meeting. It is anticipated that the City Campus Master Plan would require this building to be in place for another 15 years before the entire Public Works Facility would move to the proposed location next to the new Public Works Vehicle Maintenance Facility. BUDGETIMPACT The Andover 2021-2025 Capital Improvement Plan identifies a $250,000 budget for this project. ACTION REQUIRED Based on the information described and presented the City Council is requested to discuss repairs needed to the old Public Works Building and direct staff on how to proceed. Respectfully submitted, �a David D. D. Berkow>tz Attachments: Pictures of the section of the building and pictures showing the degradation's 0 Public Works ��� rr Irk \ Andover Public orks Department ""' • C C I' I I l I ul II I�1 I I II II II� 0 TYPICAL CRACKING PRECAST VENEER 0 VENEER CRACK BULGING 0 CORNER OF BUILDING CONDITION F- 00 04 00 0 i p G 1 4 0 PAINT FINISH RETAINING MOISTURE © STRUCTURAL PANEL CRACK - INTERIOR, MID BUILDING O STRUCTURAL PANEL CRACK - INTERIOR CORNER :z TYPICAL DOOR HEAD STEEL 0 EXTERIOR OF WINDOW AND DOOR FRAMES EXAMPLE 0 CORNER OF BUILDING CONDITION 0© 00 0 0 n E3 p p0 0 0000 0 OVERHEAD DOOR JAMB CONDITION 0 OVERHEAD DOORJAMB CONDITION 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council CC: Jim Dickinson, City FROM: David D. Berkowitz, Director of Engineer SUBJECT: Discuss Sanitary Sewer Clearwell/Lift Station Bypass Construction - Engineering DATE: January 26, 2021 O INTRODUCTION The City Council is requested to discuss and direct staff on how to proceed with the design and construction of a diversion lift station (Coon Creek Trunk Lift Station 411) at Hanson Boulevard and Coon Creek. DISCUSSION The Coon Creek Lift Station Bypass has been identified in the City's Sanitary Sewer plan for over 15 years knowing that when development begins to occur on the east side of the railroad tracks south of Crosstown Boulevard the lift station will need to be constructed. Development fees have been collected over the years anticipating this construction and are available in the Sanitary Sewer Trunk Fund. This project was not identified in the 2021-2025 Capital Improvement Plan but with the proposal from Lennar to develop close to 400 units east of the railroad tracks within the next few years, other areas adjacent to the proposed development with the potential to development and the planned rehabilitation of the Tom Anderson Trail in the area of the lift station construction, staff recommends the design and construction of this lift station be completed this summer/fall. The improvements would consist of a diversion manhole, clearwell/lift station structure, valve vault, electrical and mechanical controls, permanent generator and site work. The section of trail along this area will need to be closed from the start of construction until fall. BUDGETIMPACT The total project cost is estimated between $875,000 to $900,000 and would be funded by the Sanitary Sewer Truck Fund. ACTION REQUIRED The City Council is requested to discuss and direct staff on how to proceed with the design and construction of a diversion lift station (Coon Creek Trunk Lift Station #11) at Hanson Boulevard and Coon Creek. Respectfully submitted, �.k� David D. Berkowitz Attachments: Lift Station #11 Location Map & Proposed Sanitary System Map✓ Alit" .OVER Lift Station #11 Location Map O GI 44 1575 4 S32_w 14329 14336 _ O.. - 14296 14409 j .� �� e U 14318 b 44274 14278' ' e 156026, 1438(1 O k 6r 1427h 2 R 1 v 1436' • z , �►• , 1'4'23 1 1239 1494 d 1.47,0 O �11226,.-"1 ��, _ p " ,r • O 14:3 3 ;" ,z, a o. <1 p 14219 F' ' 14200 � 1�13560�,/� . ray O� •14119 :) 1'1346 O .r $ _ � r� � 1 O 1J74 1:J62 138 14180 •.7 „� rO R' M 0 . -,..as k 141.75 14180 573 1561 .15374170` .',.•�:�,.p14563'`1.;� v ,n +j ~ r ::.,•%S L-)8:1 O O fYas�. 14160 O ,�; '. 1:67 i15`lU O r 1� O r� ll fiii I l > 11 } 'ti ;: 4 v S •.f><� Z a 4FM'•..r � y< f !i, r ` A,• >.t O m 1 •1 Sc£s�,� �I �z£s� Date Created: January 20, 2021 Disclaimer.- The provider makes no representation or warranties with respect to the reuse of this data. M 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administratr FROM: David D. Berkowitz, Director of Pub' orks/City Engineer SUBJECT: Discuss Potential Outdoor Pickleball Court Locations/Pickleball Study/21-15 - Engineering DATE: January 26, 2021 INTRODUCTION The City Council is requested to discuss potential Outdoor Pickleball Court locations. DISCUSSION Staff has begun working with the consulting firm of WSB on the Outdoor Pickleball Court Study. One of the first important steps in the study is to determine a few potential site locations. Key components for the site location is proximity to other activities, ease and cost of parking and noise consideration as the impact to the plastic ball is quite loud. Staff will discuss a few sites with the pros and cons and look to the City Council to discuss and provide additional possible additional sites to consider. ACTION REQUIRED The City Council is requested to discuss and provide direction to staff on potential Outdoor Pickleball Court locations. Respectfully submitted, David D. Berkowitz 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: Mayor and Council Members �\ CC: Jim Dickinson, City Administrator Joe Janish, Community Developma Fred Patch, Building Official FROM: Jake Griffiths, Associate Planner SUBJECT: Discuss Property Maintenance Code Update — Planning/Building DATE: January 26, 2021 (9) DISCUSSION At the October 27, 2020 City Council Workshop, the Council briefly reviewed some of the major changes of a proposed update to the City's Rental Licensing and Housing Maintenance Code. Minutes from this meeting are attached for your review. Since that time, Planning and Building Department staff have worked with the City Attorney and have completed a draft version of the proposed amendment which is attached for your review. Due to the scale of the proposed amendments, staff has also attached a summary of changes to aid in the Council's review. Please note that a redlined version was not provided as the amendment will be a "repeal and replace" of the existing code. I Staff will walk the Council though the proposed amendment at the meeting and answer any questions the Council may have. Please note that while the proposed amendment is a complete restructuring of the existing City Code, the vast majority of existing policy remains the same. If the Council would like to review the existing City Code, it can be found on the City's website at the following link: https://www.andovennn.gov/DocumentCenterNiew/256/Title-9--- Building-Regulations-PDF-. The existing City Code begins on page 25 and ends on page 57. ACTION REQUESTED The Council is asked to review the proposed Property Maintenance Code Update and provide direction to staff on if any changes are needed and how to proceed with amending the City Code. Restfully submitted Ce Gri ths, Associate Plane Attachments A — October 27, 2020 City Council Workshop Minutes B — Draft Property Maintenance Code Amendment C — Draft Fee Schedule Amendment D — Summary of Changes A- da,>xx �?i 2oto lam -n0 11 menU4-e_5 Andover City Council Workshop Meeting Minutes —October 27, 2020 Page 4 provided on the different elements of septic system and methods that can be used should a part of the system fail by Mr. Heidelberger. There were no objections to that change - Property Maintenance/Rental Licensing Updates Discussion Mr. Griffiths presented staff recommended revisions to the City's property maintenance rental licensing code to address issues of consistency and clarity related to application process, application materials, fees, and inspection processes. Mayor Trude stated the City has been fortunate that there have not been issues with rentals and therefore not all of the tools have had to be used. She noted that rentals could increase in the future and she would want a better explanation on why the provisional license tool should be removed. Councilmember Butler commented he would not have a problem removing that provisional license tool, as that property is already having issues at that time and can work with staff or the license can be revoked. Mr. Griffiths agreed that staff attempts to work with the property owner and only brings issues forward to the Council when a roadblock has been hit. He commented the provisional license tool has never been used to date. He provided additional details on the rental license process. Councilmember Holthus asked what process would be followed if the provisional license tool is removed. Mr. Griffiths provided additional details on the process staff currently follows and the options the Council would have if the case went forward to the Council. Councilmember Holthus stated she would agree with eliminating this tool as it seems that there are other procedures in place. Councilmember Bukkila stated she would like to ensure that the City is consistent with the process required by the courts for eviction, in order to assist landlords. Mr. Griffiths used the example of the last abatement hearing the Council held earlier in the year in which the rental license was not suspended because the problems were caused by the tenant. Councilmember Bukkila stated the point of the rental license was to keep the contact information on hand for the property owner in the case that a situation arises. Councilmember Barthel stated he would not be interested in anything that drags the process out further and will support the method recommended by staff. P3 Andover City Council Workshop Meeting Minutes —October 27, 2020 Page 5 Mr. Griffiths provided details on the recommendation to create a sober house license. He noted there have not been issues in Andover, but the City Attorney recommends the creation based on his experience in other communities. He also provided details on the recommendation to require the crime free lease addendum. It was noted staff is working with the City Attorney to finalize draft amendment language and will bring this item back to the City Council for a more formal review at a future work session. Mayor Trude commented she was the only person hesitant about eliminating the provisional license and noted she will follow up with the City Attorney to ensure that she feels confident in the change in order to attempt to provide support for the change. ow Fencing vs. Garden Fencing Discussion Mr. Griffith provided an update on the work of Code Enforcement to resolve Code violations at a resident's pro erty relating to a large amount of snow fencing on the property. The property owner has indicated 's is garden fencing since it encloses gardens on the property; however, the Andover Review Commi e (ARC) determined that for the purposes of City Code, the fencing in question is snow fencing. property owner has requested farther review by the City Council so staff is seeking direction. It was the consensus ofNhe Council that the fencing in question is snow fencing as defined by City Code. Staff will allow e property owner to keep the fencing this year, but it will need to be removed by April 15, 2021 'Xi accordance with City Code. - Rear Yard Parking Mr. Griffiths referenced an e - ma received from a resident expressing concern with the Code allowance to park up to two vehicl in the rear yard of residential properties if under 20 feet in length and parked at least 10 feet fro the property line. It was noted this has been allowed since its adoption as a Grow Township Or ance in 1970 and was included in the City Code upon incorporation of the City of Andover in 74. He stated staff has observed many properties that currently park vehicles in the rear yard in c pliance with Code so any revision would be a major change in property maintenance standards for idents. Councilmembers Bukkila and Holthus statedth do not desire to make any changes to the regulation. Councilmember Butler stated he would be interested in re\iewing the regulations. Councihnember Bukkila commented this is an incident of Aneone moving into Andover without doing their homework and then complaining about an allowed 11tivity. Councihnember Butler suggested revising the Code for more urban areas of Andover. He agreed there is not an urgency but should be placed on the list for discussion and public input. I Lode cJ[7c4r P4 1.20.2021 DRAFT VERSION CHAPTER 8 PROPERTY MAINTENANCE STANDARDS ARTICLE A. IN GENERAL SECTION: 9-8A-1: Purpose and Scope 9-8A-2: Definitions 9-8A-3: Responsibilities of Owners and Occupants 9-8A-4: Minimum Standards for Basic Equipment and Facilities 9-8A-5: Stairways, Porches and Balconies 9-8A-6: Access to Dwelling Units 9-8A-7: Door Locks 9-8A-8: Minimum Standards for Light and Ventilation 9-8A-9: Minimum Thermal Standards 9-8A-10: General Requirements 9-8A-11: Construction Standards 9-8A-12: Maximum Density, Minimum Space for Rental Units 9-8A-13: Enforcement and Inspection Authority 9-8A-14: Inspection Access 9-8A-15: Unfit for Human Habitation 9-8A-16: Secure Unfit and Vacant Dwellings 9-8A-17: Hazardous Building Declaration 9-8A-18: Compliance Order 9-8A-19: Right to Appeal 9-8A-20: City Council's Decision 9-8A-21: Restriction on Transfer of Ownership 9-8A-22: Penalties 9-8A-23: Execution of Compliance Orders of Public Authority 9-8A-1: PURPOSE AND SCOPE A. Purpose: The purpose of this Chapter is to protect the health, safety, and the general welfare of the people of the City. These general objectives include, among others, the following: To establish the minimum regulations governing the conditions and maintenance of all property, buildings, and structures within the City; 2. To protect the character and stability of residential areas within the City; 3. To correct and prevent housing conditions that adversely affect or 1.20.2021 DRAFT VERSION are likely to adversely affect the life, safety, general welfare, and health of the people of the City; 4. To provide standards for heating and sanitary equipment and for light and ventilation necessary to protect the health and safety of occupants of buildings; 5. To prevent the overcrowding of dwellings; To provide standards for the maintenance of existing residential buildings and accessory structures and to thus prevent substandard housing and blight; To preserve the value of land and buildings throughout the City. With respect to disputes between tenants and landlords, and except as otherwise specifically provided by the terms of this ordinance, it is not the intention of the City Council to intrude upon the contractual relationship between the tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to involve itself in rent disputes, nor to act as an arbitrator, nor to hear complaints from the tenant or landlord which are not specifically and clearly relevant to the provisions of this Chapter. B. Scope: The provisions of this code shall apply to all existing residential and non-residential structures and all existing premises. This Chapter shall constitute the minimum standards for premises, structures, and facilities for light, ventilation, life safety, safety from fire, and other hazards and for safe and sanitary maintenance. 9-8A-2: DEFINITIONS: The definitions contained in Section 12-2-2 of this Code apply herein. Additionally, the following definitions shall apply in the interpretation and enforcement of this Chapter. In the event of a conflict between the definitions contained in Section 12-2-2 and this Section, the definitions contained in this Section shall control. ACCESSORY USE OR STRUCTURES: A use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto which is not used for living or sleeping by human occupants. ANDOVER BUILDING CODE: The Minnesota State Building Code, International Building Code (IBC) and International Residential Code (IRC) as may be adopted by the City. W 1.20.2021 DRAFT VERSION BUILDING: Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattels, and when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. BUILDING OFFICIAL: The designated agent authorized by the City Council to administer and enforce this chapter. DWELLING: A building, or one or more portions thereof, occupied or intended to be occupied for residential purposes, but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, cabins or trailer coaches. DWELLING UNIT: A single-family dwelling or unit designed to accommodate one family. DUPLEX: A building, as referred to as a multi -family dwelling, designed as a single structure, containing two separate dwelling units, each of which is designed to be occupied as a separate permanent residence for one family on one lot. FAMILY: A. An individual or two (2) or more persons related by blood, marriage or adoption living together; or B. A group of not more than five (5) persons who need not be related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit, exclusive of usual servants. GARBAGE: Animal and vegetable waste resulting from the handling, preparation, cooking, marketing or processing of food, or the non -consumed waste resulting from animals or humans consuming food. HABITABLE BUILDING: Any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. HABITABLE ROOM: A room with enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished r 1.20.2021 DRAFT VERSION basements (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than fifty (50) square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, workshops, and hobby and recreation areas in parts of the structure below ground level or in attics. HEATED WATER: Water heated to a temperature of not less than one hundred ten degrees Fahrenheit (110°F), or such lesser temperature required by government authority, measured at faucet outlet. KITCHEN: A space which contains a sink with counter working space, space for installing cooking and refrigeration equipment, and space for the storage of cooking utensils. LEASE: A written or oral agreement to rent. For use as a verb, see rent. LET: To lease a premises or any portion thereof. MAINTENANCE: Upkeep of property and equipment in a safe working condition for which it was installed and/or constructed. MULTIPLE -FAMILY DWELLING: A dwelling or portion thereof containing two (2) or more dwelling units. OCCUPANT: Any person (including owner operator) living, sleeping, cooking and eating in a dwelling unit or living and sleeping in a rooming unit. OPERATE: To charge rent for the use of a unit in a rooming unit. OPERATOR: The owner or his/her agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. OWNER: Any person, firm or corporation who, alone, jointly, or severally with others, shall be in actual possession of, have charge of, care of, or control of any dwelling, dwelling unit, or rooming unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. P7 M-3 1.20.2021 DRAFT VERSION Any person representing the actual owner shall be bound to comply with the provisions of this chapter to the same extent as the owner. PERMISSIBLE OCCUPANCY: The maximum number of persons permitted to reside in a dwelling unit or rooming unit. PERSON: An individual, firm, partnership, association, corporation, company or joint venture or organization of any kind. PLUMBING: All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. PREMISES: A platted lot or part thereof or unplatted parcel of land, and adjacent right-of-way, either occupied or unoccupied by any dwelling or non -dwelling structure, including such building or accessory structure. PUBLIC HALL: A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. REFUSE: Personal leavings, trash, garbage. RENT: Consideration paid for the use of premises, including, but not limited to, money, services and property. As a verb, the term "rent' means to receive or allow the use of premises in return for such consideration or any combination thereof. The term "rent' does not include arrangements whereby a relative occupies a dwelling and which arrangement is detailed and sworn to in affidavits filed by each adult occupant of the dwelling and each person who is an owner of the dwelling. OE 1.20.2021 DRAFT VERSION RENTAL DWELLING: Any dwelling unit(s) let. Single family residential properties occupied by a relative shall not be considered a rental dwelling. REPAIR: The construction or renewal of any part of an existing building or its utilities, facilities or equipment for the purpose of its maintenance. RODENT HARBORAGE: A place where rodents commonly live, nest, or establish their habitat. ROOMING UNIT: Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. SAFETY: The condition of being reasonably free from danger and hazards which may cause accidents or diseases. SUBSTANDARD DWELLING: Any dwelling that does not conform to the minimum standards established by City ordinances. SUPPLIED: Paid for, furnished by, provided by or under the control of the owner, operator, or agent of a dwelling. WATER CLOSET: A toilet with a bowl and trap made in one piece, that is connected to the City water and sewer system or other approved water supply and sewer system. 9-8A-3: RESPONSIBILITIES OF OWNERS AND OCCUPANTS: No owner or other person shall occupy or let to another person any dwelling, dwelling unit, rooming unit, building, or structure unless it and the premises are fit for human occupancy and comply with all appropriate legal requirements of the State of Minnesota, and the City of Andover as set forth specifically in the following subsections: A. Maintenance of Shared or Public Areas: Every owner of a dwelling containing two (2) or more dwelling units shall maintain or shall provide for maintenance of the shared public areas of the dwelling and premises thereof. B. Housekeeping of Occupied Areas: Every occupant of a dwelling, dwelling unit, or rooming unit shall properly housekeep that part of P10 1.20.2021 DRAFT VERSION the dwelling, dwelling unit, and premises thereof that he/she occupies and controls. C. Storage and Disposal of Refuse: Every occupant of a dwelling, dwelling unit, rooming unit, building or structure shall store and dispose of all his/her refuse and garbage and any other organic waste which might provide food for insects, rodents and/or vermin as required by Title 4 of this Code. Every owner of a multiple -family dwelling shall supply facilities for the storage and/or disposal of refuse and garbage. In the case of single- or two-family dwellings, it shall be the responsibility of the occupant to furnish such facilities as prescribed by City ordinance. D. Responsibility for Storage and Disposal of Garbage and Refuse: Every owner of a multiple -family dwelling shall supply facilities for the storage and/or disposal of refuse, garbage, and recycling materials. All garbage, waste material, debris, and recyclables shall be kept in an enclosed building or contained in a closed container designed for such purposes. Owners shall provide for refuse enclosures to screen all containers that are visible from a public street or alley. Such enclosure shall have a concrete floor base. Gates may not be required if properly oriented on the site. The design of such enclosures shall be reviewed and approved by City staff prior to issuing a building permit. Provisions for storage and disposal of garbage and refuse consistent with this chapter must be provided for multifamily buildings upon obtaining a building permit costing more than $5,000.00. In the case of single-family dwellings, it shall be the responsibility of the occupant to adequately provide for the storage and disposal of garbage and refuse. E. Responsibility for the Storm and Screen Doors and Windows: The owner of any dwelling unit shall be responsible for providing, maintain and hanging all screen and storm doors and storm windows whenever the same are required under the provisions of this ordinance. F. Responsibility for Pest Extermination: Every occupant of a single- family dwelling unit shall be responsible for the extermination of 1311 1.20.2021 DRAFT VERSION vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a building containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested, except when infestation is caused by the failure of the owner to maintain a dwelling in a reasonably rodent -proof condition; then, extermination shall be the responsibility of the owner. When infestation exists in two or more of the dwelling units in any building or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner. G. Rodent Harborage Prohibited in Occupied Areas: No occupant of a dwelling shall accumulate boxes, firewood, lumber, scrap metal, or any other similar materials in such a manner that may provide rodent harborage in or about any dwelling. Outside stored materials shall be stacked neatly in piles at least four inches off bare soil or ground. H. Rodent Harborage Prohibited in Public Areas: No owner or occupant of a dwelling shall accumulate or permit the accumulation of boxes, lumber, scrap metal, or any other similar materials in such a manner that may provide rodent harborage in or about shared or public areas of a dwelling or premises. Materials stored outside by the owner or permitted to be stored by the owner shall be stacked neatly in piles at least four inches above bare soil or ground. Prevention of Food for Rodents: No owner or occupant of a dwelling unit shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. J. Maintenance of Plumbing Fixtures and Facilities: The owner of a dwelling unit, rooming unit, building or structure shall maintain all supplied plumbing fixtures and facilities therein in good working order. K. Minimum Heating Capability and Maintenance: In every dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, a room temperature of at least 68 degrees Fahrenheit shall be maintained from October 15th through April 15th. L. Removal of Snow and Ice: The owner of any building or structure shall be responsible for the removal of snow and ice from parking lots, driveways, steps, and walkways on the premises, as well as from abutting sidewalks. The owner of any building or structure P12 1.20.2021 DRAFT VERSION shall additionally be responsible for ice control measures. Individual snowfalls of three inches or more or successive snowfall accumulations to a depth of three inches shall be removed from walkways, steps and public sidewalks within 48 hours after cessation of the snowfall. The City's policy to assist in snow removal does not exempt any property owner from meeting these requirements. M. Minimum Exterior Lighting. The owner of a rental dwelling or dwellings shall be responsible to provide and maintain effective illumination in all exterior parking areas and walkways. N. Maintenance of Driveway and Parking Areas. The owner of a multiple -family dwelling or dwellings shall be responsible to provide and maintain in good condition paved and delineated parking areas and driveways for tenants. Each driveway and parking area on any multiple -family property existing on or before October 21, 1970 shall be paved with asphalt, concrete, brick, or similar dust -free surface at such time as a building permit may be taken for either remodeling or improvements costing more than $5,000.00. 9-8A-4: MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES: No person shall occupy, rent or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking, and eating therein which does not provide the following: A. Kitchen Sink: A sink in good working condition and properly connected to an approved water supply system and which provides at all times an adequate amount of heated and unheated running water under pressure and which is connected to an approved sewer system per Andover City Code. B. Food Storage: Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment and utensils, and of food that does not require refrigeration for safekeeping and a counter or table for food preparation. The cabinets and/or shelves and counter or table shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. C. Stove and Refrigerator: A stove for cooking food and a refrigerator for the safe storage of food at or below forty (40) degrees Fahrenheit, which are properly installed with all necessary connections for safe, sanitary, and efficient operation. Such stove and refrigerator need not be installed when a dwelling unit is not occupied or when the occupant is expected to provide same on P13 1.20.2021 DRAFT VERSION occupancy, in which case sufficient space and adequate connections for the installation and operation of the stove and refrigerator must be provided. D. Toilet Facilities: Within every dwelling unit there shall be a non - habitable room which is equipped with a flush water closet in compliance with the Minnesota State Plumbing Code. Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and all shall be connected to a sewer system in compliance with Andover City Code. E. Lavatory Sink: Within every dwelling unit there shall be a lavatory sink. The sink may be in the same room as the flush water closet, but if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and shall be properly connected to an approved water system and shall provide at all times an adequate amount of heated and unheated running water under pressure and shall be connected to a sewer system which complies with Andover City Code. F. Bathtub or Shower: Within every dwelling unit there shall be a non - habitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. Said bathtub or shower may be in the same room as the flush water closet, or in another room, and all shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated water under pressure and shall be connected to a sewer system which complies with Andover City Code. 9-8A-5: STAIRWAYS, PORCHES AND BALCONIES: The owner shall keep every stairway, inside or outside of a building, and every porch or balcony in safe condition and sound repair, including but not limited to the following: stairs and handrails; every porch, balcony, or deck which is 30 inches or more above grade shall have a guardrail; every handrail and guardrail shall be firmly fastened and maintained in good condition; no flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause hazard; no flight of stairs shall have rotting, loose, or deteriorating support; excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be essentially uniform in width and height; P14 1.20.2021 DRAFT VERSION stairways shall be capable of supporting a live load of 100 pounds per square foot of horizontal projection. 9-8A-6: ACCESS TO DWELLING UNITS: Access or egress from each dwelling unit shall be provided without passing through any other dwelling unit. 9-8A-7: DOOR LOCKS: No owner shall let or rent to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling units are equipped with safe, functioning locking devices. Rental dwellings shall be furnished with door locks as follows: A. Building Access: For the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple -family dwellings with common areas, an approved security system shall be maintained for each multiple -family building to control access. The security system shall consist of locking building entrance or foyer doors, and locked door leading from hallways into individual dwelling units. Dead -latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and with locking devices on the outside of the building entrance doors. Building entrance door latches shall be of a type that are permanently locked. B. Unit Access: Every door that provides ingress or egress for a dwelling unit within a multiple -family building shall be equipped with an approved lock that has a deadlocking bolt that cannot be retracted by end pressure, provided however, that such door shall be openable from the inside without the use of a key or any special knowledge or effort. C. Existing Buildings: All multiple -family dwellings in existence prior to April 21, 1992, which were not previously required to have an approved security system. Shall not be subject to the requirements of Subsection A of this section. 9-8A-8: MINIMUM STANDARDS FOR LIGHT AND VENTILATION: No person shall occupy as owner, occupant or let to another for occupancy any dwelling or rooming unit which does not comply the following requirements: A. Habitable Room Ventilation: Except where there is supplied some other device affording ventilation and approved by the Building Official, every habitable room shall have at least one window facing directly outdoors which can be opened easily. B. Electric Service, Outlets, and Fixtures. Every dwelling and rooming unit and all public and common areas shall be supplied with electric P15 iW-TO 041 X17\WWO3.1[6I►1 service, functioning over -current protection devices, electric outlets; and electric fixtures which are properly installed, which shall be maintained in a safe working condition, and shall be connected to a source of electric power in a manner prescribed by ordinances, rules, and regulations of the City of Andover and by the laws of the State of Minnesota. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: 1. A dwelling containing one or two dwelling units shall have at least the equivalent of 100 ampere, three -wire electric service per dwelling unit. 2. Every habitable room shall contain at least one (1) electrical convenience outlet. 3. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one (1) supplied ceiling -type or wall -type electric convenience outlet. 4. Every public hall and public stairway in every multiple dwelling shall be adequately lighted to provide at least ten (10) foot candles of illumination of all parts thereof at all times by means of properly located electric light fixtures; provided that such electrical lighting may be omitted from sunrise to sunset where there are windows or skylights opening directly to the outside and where the total window or skylight area is at least one-tenth (1/10) of the combined horizontal area of the floor and stairway of each such public hallway and where such windows or skylight provide adequate natural. light to all parts of each public hallway. Every public hall and stairway in dwellings containing two (2) dwelling units shall be supplied with convenient light switches, controlling an adequate lighting system that will provide at least ten (10) foot candles of illumination on all parts thereof, which may be turned on when needed. 5. A convenient switch or equivalent device for turning on a light in each dwelling unit shall be located near the point of entrance to such unit. 9-8A-9: MINIMAL THERMAL STANDARDS: A. No person shall occupy as owner or let to another for occupancy any dwelling or rooming unit, for the purpose of living therein which does not have heating facilities which are properly installed and maintained in a safe and working condition and which are capable of safely heating all habitable rooms, bathrooms, and water closet P16 1.20.2021 DRAFT VERSION compartments in every dwelling unit located therein to a room temperature of at least 68 degrees Fahrenheit to be maintained from October 15th through April 15th. B. Gas or electric appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. C. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirement of this section and is prohibited. D. No owner or occupant shall install, operate, or use a space heater employing a flame that is not vented outside the structure in an approved manner. 9-8A-10: GENERAL REQUIREMENTS: No person shall occupy as owner, occupant or let to another for occupancy any dwelling or rooming unit for the purpose of living therein which does not comply with the following requirements: A. Foundations, Exterior Walls, and Roofs: The foundation, exterior walls, and exterior roof shall be substantially water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain and roof drainage and shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be protected from the elements and decay by paint or other protective covering or treatment. If the exterior surface is unpainted or lacks protective coating or is determined by the Building Official to be deteriorated, the surface shall have a protective covering applied. If the exterior surface of the pointing of any brick, block, or stone wall is loose or has fallen out, the surface shall be repaired. B. Windows, Doors, and Screens: Every window, exterior door, and hatchway shall be substantially tight and shall be kept in repair. Every window, other than a fixed window or storm window, shall be capable of being easily opened. Every window, door, and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin and rodents from entering the building. P17 1.20.2021 DRAFT VERSION C. Floors, Interior Walls, and Ceilings: Every floor, interior wall, and ceiling shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding, or rotting flooring materials. Every interior wall and ceiling shall be maintained in a tight waterproof condition. Toxic paints or materials with a lasting toxic effect shall not be used. Every toilet room and bathroom floor surface shall be capable of being easily maintained. D. Rodent Proof: Buildings found to be rodent infested shall be made rodent resistant. All opening in the exterior walls, foundations, basements, ground, or first floors, and roofs which have 1/4" diameter or larger openings shall be rodent proofed in an approved manner. Interior floors or basements, cellars, and other areas in contact with the soil shall be paved with concrete or other rodent - impervious material. E. Fence Maintenance: All fences supplied by the owner on the premises and all fences erected by an occupant on the premises shall consist of metal, wood, masonry, or other decay -resistant material. Fences shall be maintained in good condition. Materials, other than decay resistant varieties, shall be protected against decay by use of paint or other preservatives. F. Accessory Structure Maintenance: Accessory structures shall be structurally sound and be maintained in good repair. The exterior of such structures shall be made weather resistant through the use of decay -resistant materials such as paint or other preservatives. G. Safe Building Elements: Every foundation, roof, floor exterior and interior wall, ceiling, inside and outside stair, porch and balcony, and appurtenance thereto shall be safe to use and capable of supporting normal structural loads. H. Facilities to Function: All equipment or utilities required under City ordinances and every chimney and flue shall function effectively in a safe and working condition. Grading and Drainage: Every yard, court, or passageway on the premises on which a dwelling stands shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety. Yard Cover: Every yard of a premises on which a dwelling stands shall be maintained to prevent dust and erosion. 1.20.2021 DRAFT VERSION 9-8A-11: CONSTRUCTION STANDARDS: All new construction and repair/renovation of existing structures within the City shall conform to the Minnesota State Building Code as the building code for the City. 9-8A-12: MAXIMUM DENSITY, MINIMUM SPACE, FOR RENTAL UNITS: No person shall permit or let to be occupied any rental dwelling or rooming unit for the purpose of living therein which does not comply with the following requirements: A. Permissible Occupancy of Dwelling Unit. The maximum permissible occupancy of any rental dwelling or rooming unit shall be determined as follows: 1. For the first occupant, 150 square feet of habitable floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. 2. In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling or rooming unit. B. One Family Per Dwelling Unit. Not more than one family, except for temporary guests, shall occupy a dwelling unit. 9-8A-13: ENFORCEMENT AND INSPECTION AUTHORITY: A. The Building Official or his/her designee shall administer and enforce the provisions of this Chapter. Inspections shall be conducted during reasonable hours and the City Administrator or his/her designee shall present evidence of his/her official capacity to the owner or occupant in charge of the property. B. The identities of individuals who register complaints with the City concerning violations of State law or local ordinance concerning the use of real property shall be classified as confidential data pursuant to Minnesota Statutes, Section 13.03, Subd. 3., which states that such data is not public and is not accessible to the individual subject of the data. All other code violation records pertaining to a particular parcel of real property and the buildings, improvements, and dwelling units located on that property that are kept by the City shall be public data unless collected as part of an active civil investigation or legal action pursuant to Minnesota Statutes Section 13.99, or collected as part of an active criminal investigation pursuant to Minnesota Statutes Section 13.82, Subd. 7. in P19 1.20.2021 DRAFT VERSION 9-8A-14: INSPECTION ACCESS: If any owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, multiple dwelling or building fails or refuses to permit free access and entry to the structure or premises under his/her control, or any part thereof for purpose of an inspection authorized by this chapter, the City Administrator or his/her designee may petition the court for an order for such inspection. 9-8A-15: UNFIT FOR HUMAN HABITATION: A. Any dwelling, dwelling unit, rooming unit, building or portion thereof which is damaged, decayed, dilapidated, moldy, unsanitary, unsafe, vermin or rodent infested, or which lacks provision for basic illumination, ventilation, or sanitation facilities, or has been used for the clandestine manufacture of illegal substances, to the extent that the conditions of the dwelling, dwelling unit, rooming unit, building or portion thereof poses a hazard to the health, safety, or welfare of the occupants or to the public may be declared unfit for human habitation. Whenever any dwelling, dwelling unit, rooming unit, or building has been declared unfit, the City Administrator of his/her designee shall order the same vacated within a reasonable time and shall post a placard on the same indicating that it is unfit for human habitation, and any operating license previously issued for such dwelling shall be revoked. B. It shall be unlawful for such dwelling, dwelling unit, or rooming unit, or portion thereof, to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the Building Official or his/her designee. No person other than the Building Official or his/her designee shall deface or remove the declaration placard from any such dwelling unit. 9-8A-16: SECURE UNFIT AND VACANT DWELLINGS: The owner of any dwelling, dwelling unit, rooming unit or building which has been declared unfit for human habitation or which is otherwise vacant for a period of sixty (60) days or more shall immediately make the same safe and secure so that it is not hazardous to the health, safety, and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at doors, windows, or wall opening, if unguarded, shall be deemed to be a hazard to the health, safety, and welfare of the public and is a public nuisance within the meaning of this ordinance. 9-8A-17: HAZARDOUS BUILDING DECLARATION: In the event that a dwelling, dwelling unit, rooming unit or building has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be declared a hazardous building and may be removed, razed, or corrected pursuant to the provisions of Minnesota Statutes. 1.20.2021 DRAFT VERSION 9-8A-18: COMPLIANCE ORDER: Whenever the City Administrator or his/her designee determines that any dwelling, dwelling unit, or rooming unit, or portion thereof, is in violation of this or any other ordinance, he/she may issue a Compliance Order according to the City of Andover Code Violation Procedure. 9-8A-19: RIGHT TO APPEAL: Any person who believes that a compliance order issued under this chapter is based upon erroneous interpretation of this chapter, or upon a misstatement or mistake of fact, such person may appeal the Compliance Order to the City Council. Such appeals must be in writing, must specify the grounds for the appeal, and must be accompanied by a filing fee as determined by the City Council and be submitted to the City Administrator within ten (10) business days after service of the Compliance Order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from unless such stay would cause imminent peril to life, health, or property. 9-8A-20: CITY COUNCIL'S DECISION: Upon at least five (5) business days' notice to the appellant of the time and place for hearing the appeal and within thirty (30) days after appeal is filed, the City Council shall hold a hearing thereon at which the City Council shall dismiss, modify or affirm the order in whole or in part. 9-8A-21: RESTRICTION ON TRANSFER OF OWNERSHIP: It shall be unlawful for the owner of any dwelling, dwelling unit, rooming unit, or building upon whom a pending Compliance Order has been served to sell, transfer, mortgage, or lease, or otherwise dispose thereof to another person until the provisions of the Compliance Order have been complied with, unless such owner shall furnish to grantee, lessee, or mortgagee a true copy of any notice of violation or Compliance Order and shall obtain and possess a receipt of acknowledgment. Anyone with an interest in the dwelling, dwelling unit, rooming unit, or building who has received notice of the existence of a Compliance Order shall be bound by same without further service of notice upon him/her and shall be liable for all penalties and procedures provided by this ordinance. 9-8A-22: PENALTIES: Any person who fails to comply with a Compliance Order after a right of appeal has expired and any person who fails to comply with a modified Compliance Order within the time set therein, upon conviction thereof, shall be guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statutes. 9-8A-23: EXECUTION OF COMPLIANCE ORDERS OF PUBLIC AUTHORITY: Upon failure to comply with a Compliance Order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council may by resolution cause the cited deficiency to be remedied as set forth in the Compliance Order. The P20 1.20.2021 DRAFT VERSION cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, for any of the reasons set forth in Minnesota Statutes, and specifically for the removal and elimination of public health or safety hazards from private property, but the assessment shall be payable in a single installment. It is the intent of this section to authorize the City to utilize Minnesota Statutes to promote the public's health, safety, and general welfare. P21 P22 1.20.2021 DRAFT VERSION PROPERTY MAINTENANCE STANDARDS ARTICLE B. RENTAL LICENSING Section: 9-813-1: Purpose and Intent 9-813-2: Definitions 9-813-3: License Required 9-813-4: Application for Licensing 9-813-5: Agent Required 9-813-6: Initial License Issuance 9-813-7: Renewal of License 9-813-8: Transfer of License 9-86-9: Inspections of Dwellings 9-813-10: License Suspension, Revocation, Denial and Non -Renewal 9-86-11: Display of License 9-813-12: Fees 9-813-13: Conditions of License Issuance 9-813-14: Disorderly Conduct and Nuisance Police Calls for Service 9-86-15: Trash Removal for Rental Properties 9-813-16: No Retaliation 9-813-17: Summary Action 9-813-18: Severability Clause 9-813-19: Violations and Penalties 9-813-1: PURPOSE AND INTENT: The operation of rental residential properties is a business enterprise that gives rise to certain opportunities. Operators are responsible to take reasonable steps, as may be necessary, to assure that the citizens of the City who occupy such units, and those residing near such units, may pursue the quiet enjoyment of the normal activities of life in surroundings that are: (1) Safe, secure and sanitary; (2) Free from crimes and criminal activity, noise, nuisances or annoyances; and (3) Free from reasonable fears about safety of persons and security of property. Further, it is the intent of this Article to regulate and provide for the inspections of rental housing to assure that such housing does not become a nuisance or blight to the neighborhood and does not create a disincentive to investment in the community. This Article establishes standards that are applicable to all rental dwellings in the City. It does not apply to the portion of a rental dwelling that is occupied by a personal owner or relatives of the personal owner. P23 1.20.2021 DRAFT VERSION Finally, the City Council finds that repeated police calls to certain rental dwellings in the City occupied by persons with criminal histories have taxed law enforcement resources. The City Council also finds that persons residing in rental dwellings who engage in disorderly conduct or cause nuisance conditions create a hostile environment for others living in close proximity, thereby threatening the public safety. In order to preserve and protect the City's neighborhoods and to promote public safety, the City Council enacts a Crime Free Rental Program into the City Code. 9-813-2: DEFINITIONS: The following definitions, and those contained in Article I will be used in interpreting and enforcing this Article. Agent: A person designated by the Owner of a rental property to act on behalf of the Owner. City: The City of Andover, Minnesota. Disorderly Conduct: For the purposes of this section, disorderly conduct may include, but is not limited to the following: 1. Drug related illegal activity. 2. Acts of violence or threats of violence including but not limited to, discharge of firearms, intimidation or any other act that otherwise jeopardizes the health, safety, or welfare of the owner, manager, agent, other tenants, tenant's family members, guests or neighboring property owners. 3. Creating, or allowing to continue, any hazardous or physically offensive condition which serves no legitimate purpose. 4. Repeated unfounded calls to police. 5. Violation of M.S. § 609.72 (Disorderly conduct), as it may be amended from time to time. 6. Violation of M.S. §§ 609.66, subd.1a, 609.67 or 624.713 (Unlawful use or possession of a firearm or weapon), as they may be amended from time to time. 7. Violation of M.S. § 609.50 (Obstructing legal process), as it may be amended from time to time. 1.20.2021 DRAFT VERSION 8. Violation of M.S. § 609.74 and 609.745 (Public nuisance), as they may be amended from time to time. 9. Violation of M.S. § 145A.02, subd. 17 (Public health nuisance), as it may be amended from time to time. 10. Violation of M.S. § 609.321, 609.322, and 609.324, (Solicitation, inducement, and promotion of prostitution, housing individuals engaged in prostitution) as they may be amended from time to time. 11. Violation of M.S. § 609.282, 609.283, 609.284, (Labor and sex trafficking crimes), as they may be amended from time to time. 12. Violation of M.S. § 609.33, relating to owning, leasing, operating, managing, maintaining or conducting a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house. 13. Violation of M.S. § 609.713, (Threats of violence), as they may be amended from time to time. 14. Violation of M.S. § 609.715, (Unlawful Assembly), as it may be amended from time to time. 15. Violation of M.S. § 609.71, (Riot), as it may be amended from time to time. 16. Violation of Title 5, Chapter 1 of the Andover City Code pertaining to restrictions on animals. 17. Violation of Title 5, Chapter 6 of the Andover City Code (Noise Control). 18. Violation of Title 5, Chapter 4 of the Andover City Code (Weapons). 19. The unlawful sale of liquor. Drug Related Illegal Activity: Means the illegal possession or constructive possession, manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell, or P24 1.20.2021 DRAFT VERSION distribute a controlled substance as defined in the Controlled Substance Act [21 U.S.C. 802], or possession of drug paraphernalia per Minnesota Statutes. Immediate Family: Direct descendants, parents, grandparents, sibling or any such person of traditional or blended family. Licensee: A person, firm or corporation that obtains a rental license from the City. For the purposes of this Article, "Licensee" and "Property Owner" may be considered one -in -the -same, and the terms "Licensee" and "Property Owner" may be used interchangeably when it makes sense to do so. Major Life/Safety Issues: Hazardous conditions that pose a risk to the life and safety of occupants including, but not limited to, faulty or malfunctioning smoke detectors, handrails, guardrails and egress. Multi -Family Rental License: A rental license established for any rental dwelling with two (2) or more dwelling units subject to interior and exterior inspections. Nuisance call: Any instance where law enforcement officers are called to a property in response to a valid complaint related to disorderly conduct. Operate: To charge a rental fee for the use of a dwelling unit within a rental dwelling. Rental Lease: A written contract between an owner, agent, or manager and a tenant(s), whereby the tenant makes rent payments or other form of compensation in order to occupy the rental dwelling. The rental lease also includes language that relates to the obligations of both parties to the contract and has the same meaning as a rental agreement. Rental License: A permit granted by the City that grants the property owner the right to rent. Rental Dwelling: Any dwelling or dwelling unit used for residential occupancy by one or more persons who are not the owner or a member of the owner's immediate family. P25 I1111►111►016JOB- 11410WWA010131$)eI "Rental dwelling" does not include the exemptions contained in Section 9-8B-3 of this Article. Single Family Rental license: A rental license established for any rental dwelling with less than two (2) dwelling units which is subject to exterior inspections only, with the exception of interior inspections in the event of emergency or life- threatening situations as determined by the Building Official, Fire Chief, and/or their designated representative. Tenant(s): A person or persons who rent a rental dwelling. Valid complaint: A violation that is visible at the time of inspection or proven by credible, substantial evidence to the satisfaction of the City. Meaning of certain words: Wherever the terms "dwelling," "dwelling unit," "premises," and "structure," are used in this Article, they shall be construed as though they were followed by the words "or any part thereof'. 9-8B-3: LICENSE REQUIRED: A. License: No person, firm or corporation shall operate a rental dwelling unit without first having obtained a license to do so from the City as provided for in this Article. Each license shall be issued for a two (2) year term and expire two (2) years from the issuance. B. Types of Licenses Required: There shall be two (2) types of licenses: multi -family and single-family. C. Exemptions from Rental Licensing: Rental property which is listed as a Nursing Home, Assisted Living, or Boarding Care home by the State of Minnesota Department of Health shall be exempt from the license required under this Article. This exception shall not apply if no services are provided to the occupants, or the services are incidental to, or independent of, the landlord/occupant relationship. 2. State licensed residential facilities that do not provide overnight residential services. P26 P27 3. A single-family dwelling or a dwelling unit occupied by the Property Owner for a minimum of six (6) consecutive months per calendar year. 4. A residential property owned by a 'snowbird' where the property is rented to another person for a period of less than 120 consecutive days while the Owner is residing out of the State of Minnesota. The Property Owner must occupy the property during the remainder of the year. 5. A single-family residential property that has been sold on a contract for deed or has been sold as "rent to own" so long as the purchaser occupies the property and the sale document used to memorialize the sale is in the form of a uniform conveyancing blank or is recorded with the Anoka County Recorder's office and a copy is provided to the City upon request. 6. A single-family residential property that is occupied by the Owner and two or less occupants where the Owner and the occupants share all living space within the dwelling. 7. Single family residential property that is owned by a member of the armed services who is on active duty and the property is rented to another person during the time of active duty. The Owner must provide the City with a copy of the Owner's military orders and must occupy the property when not on active duty as the Owner's primary residence. Hotels, motels or medical facilities as defined by Andover City Code. 9-813-4: APPLICATION FOR LICENSE: A. The rental Property Owner or the Owner's designated agent shall submit a written application for a rental license on forms prescribed by the City. B. Prior to issuance or renewal of a rental license, the following information shall be submitted: Name, address, email address, and phone number of the Property Owner. 1.20.2021 DRAFT VERSION 2. Name, address, email address, and phone number of the Property Manager if different from the property owner. 3. Name, address, email address, and phone number of the designated agent if applicable. 4. The street address and/or property identification number of the property. 5. Number of units offered for rent. A blank copy of any written lease to be used for occupants including the following lease addendums: a. Crime Free/Drug Free Addendum. b. Lead Free informational materials for pre -1978 properties, including all information as may be required by Federal law. 9-86-5: AGENT REQUIRED: Any Property Owner who does not live in the state shall appoint, on the license application, an agent residing within the State of Minnesota upon whom the City may serve notices pertaining to the licensed dwelling unit(s). 9-813-6: INITIAL LICENSE ISSUANCE: No license shall be issued under this Ordinance unless the rental dwelling and its premises conform to the Ordinances of the City and laws of the State. An inspection of the dwelling unit may be conducted prior to issuance of an initial rental license. 9-813-7: RENEWAL OF LICENSE: A. All renewed rental licenses shall be valid for a period of up to two (2) years. B. All rental license renewal applications and required fees shall be submitted to the City on a biannual basis and prior to the issuance of a rental license. C. Information on the rental license application must be updated to reflect current conditions at time of renewal. D. No license shall be renewed under this Ordinance unless the rental dwelling and its premises conform to the Ordinances of the City and laws of the State. An inspection of the dwelling unit may be conducted prior to issuance of a renewed rental license. 1.20.2021 DRAFT VERSION 9-86-8: TRANSFER OF LICENSE: A rental license is nontransferable and shall automatically terminate within thirty (30) days of closing on the sale of the licensed building unless, within thirty (30) days of said closing, the new Owner applies for and is granted a new rental license for said building in accordance with this Article. 9-813-9: INSPECTIONS OF DWELLINGS: A. New licenses: Upon receipt of a properly executed new application for licensing and receipt of the appropriate fee, the City Administrator or his/her designee shall conduct an initial inspection of the premises to assure compliance with the City Code. B. License renewal: Any rental dwelling may be re -inspected after a renewal application is filed to determine compliance. C. Additional Inspections: The City shall inspect every rental unit at least once every two (2) years. The City may inspect any rental unit if it falls within one or more the following criteria: The unit has been abandoned by the Owner or the Owner of such unit cannot be found. Water, gas, or electric services to such unit has been discontinued as a result of nonpayment. The unit is on a parcel of land that is on the County's delinquent tax list. 4. The City has probable cause to believe that there exists within such unit one or more violations of the requirements of the Andover City Code. 5. The property owner of the rental unit has, within the preceding six (6) months, renewed a license after suspension or revocation. 6. The unit is the subject of a pending notice of the City's intent to suspend or revoke the rental license. 7. An occupant or neighboring Property Owner files a valid complaint with the City relative to the condition of the unit or premises. P29 fid►.I1�►Z1i►.i��77\,'t117i]�Z.Y[�)�l 8. The unit has not been inspected in the preceding two (2) years. 9. Upon receipt of an initial or renewal license application. D. Access for Inspections: The City Administrator or his/her designee shall be authorized to make or cause to be made inspections to determine the condition of dwellings, multiple dwellings, dwelling units, rooming houses, rooming units, and premises in order to safeguard the health, safety, morals, and welfare of the public. The City Administrator, or his/her designee, shall be authorized to enter any dwelling, multiple dwelling, dwelling unit, rooming house, rooming unit, or premises at any reasonable time for the purpose of performing his/her duties under this Article. 3. The owner, operator, or occupant of every dwelling, multiple dwelling, dwelling unit, rooming house, rooming unit, and premises, or the person in charge thereof, shall give the City Administrator, or his/her designee, free access to such dwelling, multiple dwelling, dwelling unit, rooming house, rooming unit and premises on which it is located at all reasonable times for the purpose of such inspection, examination and survey. E. Interior Inspections: An inspection of the interior and exterior of the property shall be required for all multi -family rental properties. An inspection of the exterior only of the property shall be required for all single-family rental properties. In emergency and/or life- threatening situations as deemed necessary by the Building Official, Fire Chief, and/or designated representative, inspections may be conducted on single-family rental properties to include the interior and exterior portions of the rental dwelling and without permission from the property owner after reasonable attempts to contact the owner have failed. F. Refusal of Access for Inspection: If the owner, operator, person in charge, or occupant shall refuse to consent to the inspection, an administrative search warrant may be obtained where there is probable cause to believe a violation exists within the particular structure or property. P30 1.20.2021 DRAFT VERSION G. Emergency Conditions: No administrative search warrant is needed where an emergency condition exists which endangers persons or property and insufficient time is available to obtain the warrant and protect such endangered persons or property. H. Subject to Occupant's Right to Privacy: Entry under this Section is subject to Minnesota Statutes, Sections 5046.211 (Residential Tenant's Right to Privacy) as amended. Costs of Obtaining Warrant: If the City finds it necessary to obtain an administrative search warrant to enter the property for inspection due to the Property Owner, operator, or person in charge, or occupant's lack of cooperation, said person or persons may also be charged with all costs of obtaining the warrant, including court costs and attorney's fees. 9-813-10: LICENSE SUSPENSION, REVOCATION, DENIAL AND NOW RENEWAL: A. Process for consideration of license suspension, revocation, denial or non -renewal: No action will be taken by the City Council to revoke, suspend, deny, or not renew a rental license without a public hearing and written notice of that hearing being sent to the property owner and affected occupants a minimum of ten (10) days prior to the hearing. 2. The Council shall give due regard to the frequency and seriousness of the violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply. 3. The Council shall issue a decision to revoke, suspend, deny or not renew a rental license only upon written findings. 4. Upon a decision to revoke, suspend, deny or not renew a license, no new application for the same facility will be accepted for a period of time specified in the Council's written decision, not exceeding one (1) year. Such new applications shall be accompanied by a reinstatement fee as required by this Article. 5. The Council may suspend, revoke, deny or not renew a license for part or all of a facility. P31 1.20.2021 DRAFT VERSION 6. A written decision to revoke, suspend, deny or not renew a license or application for part of a facility shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be re -let or occupied. a. Revocation, suspension, denial or non -renewal of a license shall not excuse the owner from compliance with all terms of this Article for as long as any units in the facility are occupied. b. Failure to comply with all terms of this Article during the term of revocation, suspension, denial or non -renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non -renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation, denial or non -renewal specified in the City Council's written decision. B. Suspension: The City Council may suspend a rental license under any of the following circumstances: a. Failure to correct deficiencies noted in Compliance Orders within the time specified in the notice. b. Failure to pay any license, inspection or reinstatement fee required by this Article. C. Any other violation of the Andover City Code. d. Any specific provisions of the City ordinances that include suspension as a remedy (i.e. nuisance calls, etc.). 2. Additional standards related to suspension of a rental license: a. A reinstatement fee as established by the City Council shall be paid prior to reinstatement of a rental license that has been suspended. P32 1.20.2021 DRAFT VERSION b. In addition to the reinstatement fee, the City may issue a citation for the applicable violations. C. While under suspension, the Property Owner cannot lease the affected unit and/or facility to a new occupant. d. The suspension shall be for a period of up to six (6) months unless otherwise regulated by this Article. C. Revocation: The City Council may revoke a rental license under the following circumstances: a. When a Property Owner has not complied with reinstatement criteria. b. When it is found that a Property Owner has given false statements on any application or other information or report required by this Article to be given by the applicant or licensee. C. When it has been determined through an inspection that major life/safety issues exist on the property. When the Property Owner or designated agent has been convicted of a crime related to the type of business licensed and failure to show, by competent evidence, rehabilitation and present fitness to perform the duties of the business. e. Operating or allowing the rental property to be used in such a manner as to constitute a breach of the peace, a menace to health, safety and welfare of the public or a disturbance of the peace or comfort of the residents of the City, upon recommendation by the County Sheriff. Failure to schedule and/or allow rental or building inspections of the licensed premises, for the purpose of ensuring compliance with rental licensing requirements, City Code requirements, State building codes, or other applicable State or Federal law. P33 1.20.2021 DRAFT VERSION g. Real estate or personal property taxes on the business have become delinquent and the Property Owner and the applicant are the same person or entity or have any common ownership where they are a different person or entity. h. Failure to actively pursue the eviction of occupants who have violated the provisions of the Crime Free Lease Addendum. Any specific provisions of the City Ordinances that include revocation as a remedy (i.e. nuisance calls, etc.) Other good cause as determined by the City Council. 2. Additional standards related to revocation of a rental license: a. A reinstatement fee as established by the City Council shall be paid prior to reinstatement of a rental license that has been revoked. b. In addition to the reinstatement fee, the City may issue a citation for the applicable violations. C. While under revocation, the Property Owner cannot extend the lease of an existing occupant and cannot lease the affected unit to a new occupant. The revocation shall be for a period of up to one (1) year. 9-813-11: DISPLAY OF LICENSE: Licenses issued under this Article must be conspicuously posted in a public corridor or front entrance of rental dwellings with four or more units. All rental Property Owners must produce a copy of the rental license upon demand of a prospective occupant or City official. 9-813-12: FEES: A. License Fees: Fees Established and Due Date: Rental license fees and reinstatement fees shall be set by the City Council and shall be due with submission of a new or renewal application. B. Reinspection Fees: An initial inspection shall be required at the time of application, the cost of which shall be included in the license application fee. A reinspection to verify compliance will be P34 1.20.2021 DRAFT VERSION conducted at no charge. A fee, as set by the City Council, may be charged for any subsequent reinspection necessitated by receipt of a valid complaint or as a result of a previous unsatisfactory inspection. 9-8B-13: CONDITIONS OF LICENSE ISSUANCE: A. Compliance with Chapter: The City shall issue a rental dwelling license if the building and the application are found to be in compliance with the provisions of this chapter. B. Conformance to Laws: No rental dwelling license shall be issued or renewed unless the rental dwelling and its premises conform to the Andover City Code; and the laws of the State of Minnesota; and all applicable fees have been paid. 9-813-14: DISORDERLY CONDUCT AND NUISANCE POLICE CALLS FOR SERIVCE: During the term of the rental license, and any re -licensure, whereby nuisance calls related to the property occur in any consecutive twelve (12) month period following the first nuisance call, the following shall apply: A. First Nuisance Call: Upon determination by the City that a dwelling unit was used in a disorderly manner, as described in this section, the City shall give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. The disorderly manner shall be as defined in this section. B. Second Instance: If a second instance of disorderly use of the dwelling unit occurs within three (3) months of an incident for which a notice was given as specified in this Section, the City shall notify the licensee to submit a written report of the actions taken, and proposed to be taken by the licensee to prevent further disorderly use of the dwelling unit. This written report shall be submitted to the City within five (5) days of receipt of the notice/report of disorderly use of the dwelling unit and shall detail all actions taken by the licensee in response to all notices of disorderly use of the dwelling unit within the preceding three (3) months. C. Third Instance: If a third instance of disorderly use of the dwelling unit occurs within three (3) months after a second instance of disorderly use for which a notice was given to the licensee pursuant to Subsections of this section, the rental dwelling license for the rental dwelling may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City, who shall give the licensee written notice of a hearing before the City Council P35 1.20.2021 DRAFT VERSION to consider such denial, revocation, suspension or nonrenewal. Such written notice shall specify all violations of this section, and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than ten (10) days and no more than thirty (30) days from the date of such notice. D. Action Of The City Council: Following the hearing, the City Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the rental dwelling or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. E. Council Action Not Exclusive: Enforcement actions provided in this section shall not be exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the licensed rental dwelling as is authorized by this chapter, other sections of the Andover City Code Ordinance, or state law. F. Eviction Proceedings: No adverse license action shall be imposed where the instance of disorderly use of the dwelling unit occurs during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's dwelling unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, any action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures to prevent further instances of disorderly use. G. Evidence of Disorderly Manner: A determination that the rental dwelling unit has been used in a disorderly manner as described in this section shall be made upon substantial evidence to support such determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such criminal charge operate as a bar to adverse license action under this section. H. Serving Notice: All notices given by the City under this section shall be personally served on the licensee, sent by certified mail to licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed rental dwelling. P36 P37 An action to deny, revoke, suspend, or not renew a license based upon violation of this section may be postponed or discontinued at any time if it appears that the Licensee has taken appropriate measures which will prevent further nuisance calls. 9-813-15: TRASH REMOVAL FOR RENTAL PROPERTIES: A. Rental properties must have regularly scheduled recycling and trash pick-up. B. If the trash and/or recycling has not been removed within seven (7) days of the normally scheduled pick-up, the trash may be removed under emergency abatement procedures. C. If the lack of trash and/or recycling service becomes a recurring problem, refuse service will be authorized by the City and will be assessed as a lien on the subject property. 9-86-16: NO RETALIATION: No Licensee shall evict, threaten to evict, or take any other punitive action against any occupant who, by reason of good faith, calls City officials related to public safety or property maintenance concerns. This Section shall not prohibit the eviction of occupants from a rental dwelling for unlawful conduct of an occupant or invitee for violations of any rules, regulations, or lease terms other than a prohibition against contacting City officials. 9-813-17: SUMMARY ACTION: When the conduct of any Licensee or their agent, representative, employee or lessee or the condition of their dwelling is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to an emergency, the City shall have the authority to summarily condemn or post for no occupancy such area of the rental dwelling. 9-813-18: SEVERABILITY CLAUSE: If any section, subsection, sentence, clause or phrase of this Article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Article. 9-813-19: VIOLATIONS AND PENALTIES: Any person violating any provision of this Article is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statutes. 1.20.2021 DRAFT VERSION CHAPTER 8 PROPERTY MAINTENANCE STANDARDS ARTICLE C. SOBER HOUSING LICENSING Sections: 9-8C-1: Purpose and Intent 9-8C-2: Definitions 9-8C-3: License Required 9-8C-4: Application for License 9-8C-5: Inspections of Dwellings 9-8C-6: Agent Required 9-8C-7: Length and Renewal of License 9-8C-8: Transfer of License 9-8C-9: License Suspension, Revocation, Denial and Non -Renewal 9-8C-10: Display of License 9-8C-11: Fees 9-8C-12: No Retaliation 9-8C-13: Summary Action 9-8C-14: Severability Clause 9-8C-15: Violations and Penalties 9-8C-16: Reasonable Accommodations 9-8C-1: PURPOSE AND INTENT: It is the purpose of this Article to assure that sober housing in the City of Andover is habitable, safe, and sanitary and is so operated and maintained as not to detract from the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. It is the intent of this Article to establish uniform standards that are applicable to all sober house dwellings in the City. To the extent not otherwise inconsistent with this Article, Title 9, Chapter 8, Article II of the City of Andover City Code shall be applicable to sober houses. Any inconsistencies between Article II and this Article shall be resolved in favor of this Article. 9-8C-2: DEFINITIONS: The definitions contained in Article I, of this Chapter apply herein. Additionally, the following definitions shall apply in the interpretation and enforcement of this Article. Agent: A person designated by the owner of a sober house to act on behalf of the owner. 1.20.2021 DRAFT VERSION Multiple Dwelling: A building or portion thereof containing two or more dwelling units. Rooming House: A residence unit or any part thereof containing one or more rooming units in which space is let by the owner operator to two or more persons. Sober House: A dwelling unit occupied by a group of not more than five (5) unrelated individuals, unless a reasonable accommodation allowing more than 4 unrelated individuals to occupy a dwelling unit is granted, all of whom are in recovery from chemical dependency and considered disabled under the Federal Fair Housing Act Amendments of 1988 wherein the dwelling unit provides a non -institutional residential environment in which the occupants willingly subject themselves to rules and conditions intended to encourage and sustain their recovery. The residents of a sober house are similar to a family unit and share kitchen and bathroom facilities and other common areas of the unit. Sober houses are financially self-supporting. This definition does not include facilities that receive operating revenue from governmental sources or those that provide on-site supportive services to residents, including but not limited to the following: mental health services; clinical rehabilitation services, social services; legal services; medical, dental, nutritional, and other health care services; financial management services; legal services; vocational services; and other similar supportive services. 9-8C-3: LICENSE REQUIRED: No person, firm or corporation shall allow the use of a sober house in the City until a license has been applied for and issued by the City of Andover. Any sober houses existing prior to the adoption of this Article must also follow and abide by the requirements set forth in this Article. A license is not required for those entities that are licensed by State or County government agencies affording the same safeguards and protections as set forth in this Article. 9-8C-4: APPLICATION FOR LICENSE: Applications for a sober house license shall be made in writing to the City by the owner of the sober house dwelling unit(s) or his/her designated agent. Prior to issuance or renewal of a sober house license, the owner shall submit a completed application to the Planning Department, pay an application fee as determined by City Council, and comply with all inspection requirements. P39 1.20.2021 DRAFT VERSION A. The following persons shall be authorized to sign and submit a sober house license application: If the owner is a natural person, by the owner thereof. 2. If the owner is a corporation, by an officer thereof. 3. If the owner is a partnership, by a partner thereof. B. Before any license required by this Article shall be issued or renewed, the owner shall submit the following information on forms provided by the City: Name, address and phone number of the property owner. 2. Name, address and phone number of the property manager if different from the property owner. Name, address and phone number of the designated agent (if applicable). 4. The street address and property identification number of the property. 5. Description of the number of units and number of bedrooms in each unit. 6. An acknowledgement that the owner or designated agent has received a copy of this ordinance. 7. A management plan for the facility found to be acceptable by the City to ensure the legitimacy of the sober house. A floor plan showing dimensions and locations of bedrooms, common areas, kitchen, bathrooms, exits and any other rooms requested by the City. 9. A Crime Free/Drug Free Lease Addendum signed by and applicable to all occupants of the Sober House. 9-8C-5: INSPECTIONS OF DWELLINGS: Upon receipt of a properly executed application for licensing and receipt of the appropriate fee, the City Administrator or his/her designee shall complete an initial inspection of the premises to determine whether the property is in compliance with this Chapter. Any sober house dwelling may be re -inspected after a renewal application or transfer of license is filed to determine compliance. The City Administrator or P40 1.20.2021 DRAFT VERSION his/her designee shall further have the right to re -inspect the premises at any time it is deemed necessary to assure compliance with this Chapter. A. The City Administrator or his/her designee shall be authorized to make or cause to be made inspections to determine the condition of dwellings, multiple dwellings, dwelling units, rooming houses, rooming units, and premises in order to safeguard the health, safety, morals, and welfare of the public. The City Administrator, or his/her designee, shall be authorized to enter any dwelling, multiple dwelling, dwelling unit, rooming house, rooming unit, or premises at any reasonable time for the purpose of performing his/her duties under this Article. The owner, operator, or occupant of every dwelling, multiple dwelling, dwelling unit, rooming house, rooming unit, and premises, or the person in charge thereof, shall give the City Administrator or his/her designee free access to such dwelling, multiple dwelling, dwelling unit, rooming house, rooming unit and premises on which it is located at all reasonable times for the purpose of such inspection, examination and survey. B. If the owner, operator, person in charge, or occupant shall refuse to consent to the inspection, a search warrant may be obtained. If the City finds it necessary to obtain an administrative search warrant to enter the property for inspection due to the owner, operator, person in charge or occupant's lack of cooperation, said person or persons may also be charged with all costs of obtaining the warrant including court costs and attorney's fees. C. No warrant is needed where an emergency condition exists which endangers persons or property and insufficient time is available to obtain a warrant and protect such endangered persons or property. D. Entry under this Section is subject to Minnesota Statutes, Section 50413.211 (Residential tenant's right to privacy) as amended. 9-8C-6: AGENT REQUIRED: Any property owner who does not live in the state shall appoint, on the license application, an agent residing within the State of Minnesota upon which agent the City may serve notices pertaining to the administration of this Article or any provisions of the City Code pertaining to such dwelling unit. 9-8C-7: LENGTH AND RENEWAL OF LICENSE: The license period shall commence upon issuance of the license. A sober house license shall be issued for a period of one (1) year. 9-8C-8: TRANSFER OF LICENSE: A sober house license is transferable to any person who has actually acquired legal ownership of a licensed building for P41 1.20.2021 DRAFT VERSION the unexpired portion of the term for which it was issued or reissued; provided, that the application to transfer such registration is filed with the City within thirty (30) days of closing and the transferee is not disqualified from holding a license due to prior revocation, suspension, or denial of a sober house license. The sober house license shall terminate upon failure to apply for its transfer within thirty (30) days of closing. 9-8C-9: LICENSE SUSPENSION, REVOCATION, DENIAL AND NOW RENEWAL: A. The City Council may revoke, suspend, deny or decline to renew any sober house license issued under this Article upon any of the following grounds: False statements on any application or other information or report required by this Article to be given by the applicant or licensee. 2. Failure to pay any license or reinstatement fee required by this Article. 3. Failure to correct deficiencies noted in notices of violation in the time specified in the notice. 4. Any other violation of the property maintenance, zoning, environmental, and utility chapters of City Code. B. No action will be taken by the City Council to revoke, suspend, deny, or decline renewal of a sober house license without a public hearing and written notice of that hearing being sent to the property owner, agent, and affected tenants a minimum of ten days prior to the hearing. C. The City Council shall give due regard to the frequency and seriousness of the violations, the ease with which such violations could have been cured or avoided, and good faith efforts to comply and shall issue a decision to revoke, suspend, deny, or decline renewal of a license only upon written findings. D. The City Council may revoke, suspend, deny or decline renewal of a license for part or all of a facility. E. Upon a decision to revoke, suspend, deny or decline renewal of a license, no new application for the same facility will be accepted for a period of time as specified in the City Council's written decision, P42 1.20.2021 DRAFT VERSION which time shall not exceed one year. All new applications shall be accompanied by a reinstatement fee as required by this Article. F. A written decision to revoke, suspend, deny or decline renewal of a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no units becoming vacant in such part or parts of the facility may be re -let or occupied. Revocation, suspension, denial or non -renewal of a license shall not excuse the owner from compliance with all terms of this Article for as long as any units in the facility are occupied. Failure to comply with all terms of this Article during the term of revocation, suspension, denial or non- renewal is a misdemeanor and grounds for an extension of the term of such revocation, suspension, or non -renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation, denial or non -renewal specified in the City Council's written decision or in paragraph E of this Section. 9-8C-10: DISPLAY OF LICENSE: Licenses issued under this Article must be displayed on the premises of sober house dwellings. All property owners must produce a copy of the sober house license upon demand of a prospective tenant or City official. 9-8C-11: FEES: Sober house license fees and reinstatement fees are to be determined by the City Council. 9-8C-12: NO RETALIATION: No licensee shall evict, threaten to evict, or take any other punitive action against any tenant who, by reason of good faith, calls City officials related to public safety or property maintenance concerns. This Section shall not prohibit the eviction of tenants from a sober house dwelling for unlawful conduct of a tenant or invitee for violations of any rules, regulations, or lease terms other than a prohibition against contacting City officials. 9-8C-13: SUMMARY ACTION: When the conduct of any license holder or their agent, representative, employee or lessee or the condition of their dwelling is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to an emergency, the City shall have the authority to summarily condemn or post for no occupancy such area of the rental dwelling. 9-8C-14: SEVERABILITY CLAUSE: If any section, subsection, sentence, clause or phrase of this Article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Article. P43 1.20.2021 DRAFT VERSION 9-8C-15: VIOLATIONS AND PENALTIES: Any person violating any provision of this Article is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statutes. 9-8C-16: REASONABLE ACCOMMODATIONS: It is the policy of the City, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide reasonable accommodations in the application of its zoning 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 and zoning regulations or policies, including the modification or waiver of certain requirements, when it is necessary to eliminate barriers to housing opportunities. The purpose of this subdivision is to establish a process for making and acting upon requests to reasonable accommodation. A. Any person who requests reasonable accommodation in the form of modification in the application of a zoning 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. '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 modification 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 City 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. B. The City shall review the request and make a recommendation to the City Council. The request shall be evaluated under. the following factors: Whether there is a qualifying disability; Whether the request is needed to allow a disabled person equal opportunity to use and enjoy a dwelling or to live in a particular neighborhood as a person without disabilities; 3. Whether the request is reasonable, considering the potential impact on surrounding uses, the extent to which the accommodation meets the stated need, and other alternatives that may meet that need; P44 1.20.2021 DRAFT VERSION 4. Whether the request would constitute a fundamental alternation of the City's regulations, policies, or procedures; 5. Whether the request would impose an undue financial or administrative burden on the City; and 6. Any other factor that may have a bearing on request, as determined by the City C. The City Council shall consider the request following receipt of the recommendation of the City staff. Notice of the meeting at which the City Council will evaluate the request shall be mailed at least 10 days before the meeting to the owner of all properties located within 350 feet of the property subject to the request. D. An approved request is granted only to an individual and does not run with the land unless the City determines that the accommodation is physically integrated into the residential structure and cannot easily be removed or altered or the accommodation is to be used by another individual with a disability. E. No sober house granted a reasonable accommodation shall be located within 1,320 feet of another sober house that has been granted a reasonable accommodation, as measured from the property lines closest to one another. P45 C- Orin+ Fec Sc -Wort ,go,xroykte--o-4- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD. NO. 513 AN ORDINANCE AMENDING CITY CODE 1-7-3 ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following permit fees and service charges are hereby established for the year 2021. Administration: P46 Administrative Fee: (non -project related activity) 15% of total charges for overhead costs Advertising: Ice Arena Wall Banner - 4x8 $600.00 per year Wall Banner - 8x8 $1,000.00 per year Dasher Board - 3x8 $500.00 per year In Ice Ad $1,200.00 per year Zamboni - side panel $600.00 per year Scoreboard - lighted $1,000.00 per year Scoreboard - non -lighted $750.00 per year Field House Wall Banner- 4x8 $600.00 per year Wall Banner- 8x8 $1,000.00 per year Scoreboard - 2x8 $350.00 per year Parks Fence Banner $240.00 per a two-year sign agreement Approval/Recording of Deeds: Abstract & Torrens Properties $100.00 Bad Check Fee: $30.00 Building Lease Damage Deposit: $500.00 (If deposit is used for a repair, it must be made whole for the duration of the lease. Canvasser/Solicitor License: Investigation Fee $25.00 per individual -30 day license Ord 352 City Code Amendment: $500.00 City Publications: Budget $25.00 Financial Statements $25.00 Comp Plan $25.00 Compliance Order Appeal $50.00 Convenience Fee - Online Permits 3.95% plus $2.00 rounded up to the nearest dollar Copies: (per sheet) Up to 8 %:" x 14" $0.35 Oversize $0.50 18"x24" $3.00 24"x36" $4.00 Larger Sizes $7.00 Surveys $3.00 Surveys Requested by Owner $1.25 City Code- paperco $50.00 Dog Licensing: Yearly License $6.00 per year Commercial Kennel (more than 3 dogs) $380.00 - includes mailing labels Commercial Kennel Recording Fees Abstract and Torrens $100.00 Private Kennel (more than 3 dogs) $200.00 Includes mailing labels Annual Kennel Renewals $25.00 Page 1 P47 SITE DEVELOPMENT FEES: BUILDING DEPARTMENT ESCROWS: Grading Inspection Fees: (engineering) 1st & 2nd No Charge Topsoil, Seed & Mulch 18 ft. wide (Rural lot) $0.09 per sq. ft Front Yard Sod or Seed $2,500.00 (Urban Lot 3rd $75.00 Retaining Wall $30.00 per sq. ft. Driveway (Urban lot) $2,000.00 4th $125.00 Steps $100.00 per riser Sidewalk $4.00 per sq. ft. 5th & subseq. $150.00 Trees $750.00 Escrow Inspection Fee $50.00 per inspection BUILDING DEPARTMENT ESCROWS: RENTAL HOUSING LICENSE FEES: Single -Family Rental Housing As -Built Survey $500.00 Grading & Erosion Control $1,500.00 Topsoil, Seed & Mulch 18 ft. wide (Rural lot) $0.09 per sq. ft Front Yard Sod or Seed $2,500.00 (Urban Lot Hydro -seeding $160.00 in addition to sod escrow Retaining Wall $30.00 per sq. ft. Driveway (Urban lot) $2,000.00 Driveway Apron (Rural lot) $600.00 Steps $100.00 per riser Sidewalk $4.00 per sq. ft. Garage Floor $4.00 per sq. ft. Trees $750.00 Structure without fire suppression systems Swimming Pool Fence $1,500.00 RENTAL HOUSING LICENSE FEES: Single -Family Rental Housing License Two -Year Rental License & Inspection Fee $50.00 per unit SEE ORDINANCE Multifamily Rental Housing se Two -Year Rental License & Inspection Fee - $75.00 per licensed unit (SEE O (SEEORDINANCE) Structure without fire suppression systems (except owner occupied) Two-Year Rental License & Inspection Fee - $52.00 per licensed unit $1,000.00 per dwelling unit Structure with fire suppression systems (except owner occupied) Single Family & Multifamily Re -inspection — Fee Per Valid Complaint $50.00 per re -inspection Single Family & Multifamily License Reinstatement After Revocation, Reinstatement Fee Suspension, Denial or Non -Renewal by the City $1,000.00 per dwelling unit Council SOBER HOUSE LICENSE FEES: Sober House License (SEE ORDINANCE) One -Year License & Inspection Fee $75.00 per unit Sober House License Re -inspection — Fee Per Valid Complaint $50.00 per re -inspection Sober House License License Reinstatement After Revocation, Reinstatement Fee Suspension, Denial or Non -Renewal by the City $1,000.00 per dwelling unit Council Page 9 9 — SoYVWIA o[- &U*4V Properly Maintenance Standards - Summary of Changes Article A. In General The vast majority of Article A is identical in policy to existing City Code 9-9: Housing Maintenance Code. The only changes in this Article were a reorganization of sections, spelling and grammar issues were corrected, some wording was revised for clarity and additional definitions were added. Article B. Rental Licensing 9-813-1: Purpose and Intent: This section was expanded at the recommendation of the City Attorney to provide more information on the purpose and intent of the Ordinance. No policy changes. 9-813-2: Definitions: Wording was revised for clarity and definitions were added/revised for "Agent', "Tenant(s)", etc. No policy changes. 9-813-3: License Required: Wording was revised for clarity. Provisional rental license was removed. Exemptions from rental licensing were clarified. 9-813-4: Application for License: Section was revised for clarity and to eliminate redundant sections of the existing City Code. Amendment requires all rental license applications to include a blank copy of any written lease agreement that includes a Crime Free/Drug Free Addendum and Lead -Free Informational Materials for Pre -1978 properties. 9-813-5: Agent Required: Section was added. Requires that any property owner who does not live in the state to appoint an agent who resides within the State of Minnesota upon which the City may serve notices pertaining to the licensed dwelling units. 9-813-6: Initial License Issuance: No policy changes. Section added for clarity. 9-813-7: Renewal of License: No policy changes. Section was revised for clarity. 9-813-8: Transfer of License: No policy changes. 9-8B-9: Inspections of Dwellings: ME P49 No policy changes. Adds clarification on times outside of the normal rental license application process when City Staff may inspect the rental property. Such as, "The City may inspect any rental unit if it falls within one or more of the following criteria: The unit has been abandoned by the owner or the Owner of such unit cannot be found. 9-813-10: License Suspension, Revocation, Denial and Non -Renewal: Section was revised to add clarity on suspension and revocation processes and criteria. The provisional rental license was removed. Add License Re -Instatement Fee. 9-8B-11: Display of License: No policy changes. 9-8B-12: Fees: Application late fees were eliminated. Previously the City Code required that any renewal application not submitted at least 60 days prior to license expiration should be charged a $50 late fee. In practice, it appears as though this has never been done by staff and most applications are on-time due to renewal notices being sent by staff. 9-8B-13: Conditions of License Issuance: No policy changes. 9-8B-14: Disorderly Conduct and Nuisance Police Calls for Service: Section revised for clarity. No policy changes. 9-8B-15: Trash Removal for Rental Properties: No policy changes. 9-8B-16 through 9-811-19: Various Legal Clauses — No Policy Changes. Article C. Sober Housing Licensing Entirely new ordinance drafted by the City Attorney and substantially similar to the Sober Housing Licensing Ordinances of adjacent communities. Required Changes to Fee Schedule • Add $50 fee for Compliance Order Appeal • Add $1,000 Rental License Reinstatement Fee • Add application fees for Sober House License (Staff proposing identical to Multi -Family Rental License: $75 application fee, $50 re -inspection fee, $1,000 reinstatement fee). P50 Summary of Major Policy Changes (Overall): • Provisional Rental License eliminated. • Property owners residing outside the State must appoint an Agent who lives within the State of Minnesota. • Applications must include blank copy of lease with Crime Free/Drug Free Lease Addendum and Lead -Free informational materials for pre -1978 properties. • Creation of Sober House License. • Addition of re -instatement fee for licenses that are revoked, suspended, denied or not renewed by the City Council. • Addition of Compliance Order Appeal Fee. I " " VN: A 6 0 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923'• WW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administr to �/ Joe Janish, Community Develop ent tor`/ Jake Griffiths, Associate Planner Discuss Comprehensive Plan Amendment - Planning January 26, 2021 Staff recently became aware that a potential development would not be able to meet the minimum net density of its respective district as established by the Comprehensive Plan due to sewer capacity issues. After discovering this, staff has had conversations with the Met Council on how to approach this, and other developments with similar type constraints, through the approval process. After discussion with the Met Council, staff has determined that a Comprehensive Plan Amendment may be the most effective way to address this problem. The comprehensive plan amendment staff is proposing would give the City Council the ability to approve development of certain properties within the Transitional Residential district below 2.4 units per acre provided certain criteria are met. The City Council would also then need to reallocate the "difference" in housing units to a different property in order to maintain an overall planned density of 3.0 units per acre. This is essentially the same process for a density transfer option that staff presented to the Council during review of a previous sketch plan. This would give the City Council flexibility to see infill type developments created at a density more suitable to the surrounding neighborhood and allow for development of properties that have sewer capacity issues. Under the proposed amendment, the City Council could also utilize "excess density" from any approved developments in the future and reallocate extra units to these properties. For example, if a development came in 10 units over the minimum density of its district, those 10 units could be reallocated to a different property so that it may develop at a lesser density. Draft comprehensive plan amendment language and a marked up Future Land Use map showing areas where the proposed amendment could be utilized are attached for your review. ACTION REQUESTED The City Council is asked to review the proposed comprehensive plan amendment and provide feedback to staff. If the Council has no concerns, staff will bring the proposed amendment to the Planning Commission for a public hearing and back to the City Council for formal authorization. ctfully submitte , 5Jake Griffiths Associate Planner Attachments Draft Comprehensive Plan Amendment Future Land Use Map Urban Residential Low Density (URL) district is established to create cohesive neighborhoods of single-family detached housing within the MUSA and with access to municipal sewer and water. Residential lots within this district are sized to allow efficient utilization of municipal infrastructure as well as to provide an area large enough to accommodate housing market demands. These neighborhoods must be protected from higher intensity uses with appropriate transitions. These transitions include natural features such as trees, wetlands, streams or major changes in topography. Man-made elements such as streets, parks or earth berms in combination with landscaping are also appropriate. When adjacent to arterial roadways, additional setback distance, landscaping and berms are required. Facilities that generate noise, traffic, and/or glare also require major separation from these neighborhoods. Minimum Lot Size Variable Density 2.4"' to 4 units per acre PUD Density 4 units per acre City Utilities Required Corresponding Zoning Districts R-4 Single Family Urban Residential Type of Development Single -Family Detached Housing "Areas within the Metropolitan Urban Service Area (MUSA) are calculated using net density, areas outside of the MUSA are calculated using gross density. "Areas guided Urban Residential Low that are also within the Transitional Residential district may qualify for a reduction in minimum density requirements. See the Transitional Residential district text on Page 2-15 for more information and specific standards. Transitional Residential (TR) District contains properties within the MUSA that are currently zoned for rural residential uses (R-1, R-2, and R-3). These properties are guided for urban development in 5 -year stages as shown in Figure 2.5. Property designated Transitional Residential may only be platted under urban residential guidelines and served by municipal utilities. Lot splits may only occur without municipal services under the requirements of the City Code. Any subdivision of property that results in lots less than 2.5 acres in size must be served with municipal sewer and water. The Transitional Residential District also contains properties that when subdivided will have significant barriers to development. Therefore, properties that fall within the Urban Residential Low (URL) district and the Transitional Residential (TR) district at the time of preliminary plat application may qualify for a reduction in minimum density requirements. If a property meets any of the criteria listed below, the City Council may approve a decrease in the minimum density requirements provided the proposed density does not fall below 1.75 units per acre: A. Adequate sanitary sewer or water capacity does not exist to develop the property at the minimum density. B. Previous subdivision of adjacent properties has provided limited access which restricts development potential. C. Meeting the minimum density would not be feasible due to the existence of poor soils, wetlands, floodplain, topography, hydrology or other limiting environmental condition. D. Property is located within a Shoreland District, Scenic River District, Wellhead Protection Area, or Drinking Water Supply Management Area due to State requirements towards limiting impacts to the above noted items. E. For infill type developments, the characteristics of the surrounding neighborhood would not support development of the property at the minimum density. In the event a density reduction is approved, the City Council shall also reallocate the difference in housing units to a property yet to be developed within the MUSA. Alternatively, properties developed above the minimum density of its respective district shall count towards the reallocation difference. Any reallocation of housing units by the City Council shall maintain a planned overall density of 3.0 units per acre within the MUSA. This shall be reported to the Metropolitan Council through the Plat Monitoring process. I an ?I sPA C I T Y 0 FRO MOVE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Discuss Community Center Advisory Commission By -Laws January 26, 2021 INTRODUCTION Council direction from the January 51h City Council meeting was that the Community Center Advisory Commission by-laws be reviewed at the January City Council Workshop meeting. DISCUSSION City Administration explained that he received some feedback prior to the January 5`h City Council meeting about the potential of redefining the purpose of the Andover Community Center Advisory Commission. City Administration indicated it would be a good time to make changes as new members are to be appointed to the advisory commission. Council direction was the Council would review the by-laws and after discussion would identify the necessary by-law changes. The following information is provided to assist discussion surrounding the Andover Community Center Advisory Commission: 1. Original Community Center Advisory Commission By -Laws (May 17, 2005) 2. Amendment to Community Center Advisory Commission By -Laws (November 15, 2011) WN F 1665 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Approve Community Center AdvisoryCommission By -Taws DATE: May 17, 2005 INTRODUCTION The Council is requested to review and approve the attached Community Center Advisory Commission By -Laws. The "Business Plan" adopted in the early stages of the project implementation for the Andover/YMCA Community Center indicates that as part of the Partnership with the YMCA a basic principle will be that a five (5) member Community Center Advisory Board will be established by the City of Andover to oversee the facility and advise the City Council. Members will be appointed by the Andover City Council, which will include one (1) permanent seat for YMCA representation. The Council further reviewed the make up of the Community Center Advisory Board in July of 2005 and expanded the number of members from five (5) to seven (7) members. The Board would consist of one (1) YMCA representative, one (1) hockey representative, one (1) City Council representative, one (1) community/business representative, one (1) Park Commission member and two (2) resident at -large members. The Council reviewed the draft bylaws on February 15, 2005 and provided direction to Staff to modify the by-laws (terminology/spelling changes and the use of commission versus a board) and utilized the draft by-laws throughout the interview process for Community Center Advisory Commission members. The Community Center Advisory Commission appointed has been meeting regularly over the past month and has reviewed the attached by -Laws and has recommended approval. ACTION REQUIRED The Council is requested to review and approve the attached Community Center Advisory Cnmission By -Laws. submitted, !< ANDOVER/YMCA COMMUNITY CENTER ADVISORY COMMISSION BY-LAWS 1.01 ESTABLISHMENT AND PURPOSE OF THE There is hereby created a Community Center Advisory Commission, pursuant to authority given by Minnesota Statutes, and shall have the membership, responsibilities, and authority as set forth below. i I ut ult tll' : ' ' 1 hYYul�l►Yh` The Commission shall be composed of seven (7) members, with members being appointed by the City Council. Members of the commission shall be as follows: 1 representative from the Andover City Council; one (1) representative from the YMCA; one (1) representative from the Andover Youth Hockey Association; one (1) representative from the Andover Park Commission; one (1) representative for Andover area Businesses; and two (2) at large members who shall be residents of the City of Andover. Vacancies shall be filled for the unexpired portion of a departing member's term by action of the City Council. The Recreational Facility Manager and City Administrator will serve in a staff support capacity. 1.03 MEMBERSHIP, TERM OF APPOINTMENTS The term of each commission member shall be three (3) years. Members shall serve until their successor is appointed and qualified. The City Council reserves the right to waive this rule. No member shall serve more than two successive terms or six (6) years, whichever is longer. Initial appointments shall include three (3) three-year terms, three (3) two-year terms, and one (1) one-year term. 1.04 OFFICERS The Commission shall annually elect a chairperson for the Commission. The Commission will hold elections for the positions of vice chairperson and secretary. They shall have duties as implied by their titles. 1.05 MEETINGS All meetings of the Commission shall be held in conformance with the Minnesota Open Meeting Law. The Commission shall hold regular monthly meetings at a time and place to be set by the Commission, and such special meetings as may be called as deemed necessary by the Commission Chairperson, Secretary, or the City Council. The Commission shall keep and preserve accurate minutes of each meeting of the Commission or any committee thereof and these minutes shall be kept on file in the City CIerk's office. The Commission shall adopt rules of conduct for its meetings and the transaction of its business. A majority of members shall constitute a quorum for taking action. Each member shall have one vote. 1.06 ATTENDENCE Any Commissioner who fails to attend three (3) consecutive monthly meetings, (without a valid excuse) of which notice was properly given, may be subject to expulsion from the Commission upon notice of a meeting of the Commission to consider same. The body that originally appointed that Commissioner shall be notified when a person isnot fulfilling his/her duties. An expulsion action requires a majority vote of the remaining members of the Commission in attendance at said meeting. Any expulsion does not become effective until accepted by the City Council. 1.07 GENERAL POWERS AND RESPONSIBILITIES The Community Center Oversight Advisory Commission is commissioned to: • Promote year-round utilization of the Community Center complex by area residents and visitors. • Oversee the orderly, efficient, and cost-effective operation of the facilities so as to generate apositive impact for the Andover area. • Develop a sustaining dedicated capital improvement fund. • Seek flexible and/or innovative solutions to current and long-range challenges. • Provide guidance on how to best meet the community's current and future needs, situations, and population. 1.08 SPECIFIC POWERS AND RESPONSIBILITIES • Adopt rules for its meetings and the transaction of its business • Adopt policies governing the use of the Community Center facilities. • Develop and review with the City Council short and long term plans and goals and appropriate strategies to accomplish these goals. • Respond to general citizen requests for service or issues affecting use of the facilities by the public. • Recommend an annual operating and capital improvement budget to the City Council. • Consistent with the annual budget approved by the City Council, recommend user fees and charges for the Community Center complex and recommend method for the proper collection of such fees from all users and the proper deposit of said fees. • Recommend contracts for purchase of materials, supplies, equipment and services between the City and other entities. • Act in an advisory capacity to the City Council in matters pertaining to the operation of the facilities. • Make recommendations for the staffing complement and overall performance expectations. • Oversee the proper ongoing security, upkeep, maintenance, and improvement of the Community Center facilities. • Report to the City Council on the activities of the Community Center Advisory Commission and at the Community Center Complex as the Commission deems appropriate and upon request of the City Council. • Serve with compensation set by the City Council. Expenses that are deemed necessary and budgeted may be incurred. 1.09 PREPERATION OF PICOGRAM AND BUDGET The Community Center Advisory Commission shall, based on input from staff, adopt a recommend comprehensive budget for the Community Center and present it to the City Finance Director no later than August V of each year for the subsequent year. The budget, as recommended by the Commission and approved by the City Council, shall control the year's expenditures. The Commission shall recommend divisions of responsibility between private agencies, other public agencies, and the Commission itself. The Commission's programs shall be described in terms of activities and supportive finances. 1.10 FINANCES OF TBE CON IISSION The Community Center Advisory Commission will have no taxing authority. The City Finance Department will serve as the Fiscal Agent for the Commission and win provide monthly reporting to the Commission. An audit of funds shall be made annually and be made in conjunction with the funds of the City. 1.11 EFFECTIVE DATE This framework shall become effective upon the appointment of the full Commission by the Andover City Council. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 65304 • (763) 755-5100 FAX (lea) t65-8943 • WWW.CLANDOVER.MN.US TO: May& and Council Members FROM: Jim Dickinson,, City Administrator SUBJECT: Schedule Commission Interview Dates/Disouss Community Center Advisory Commission By Laws DATE: November 15, 2011 INTRODUCTION The Council is requested to schedule Commission interview dates and to provide direction to staff relative to the Community Center Advisory By -Laws. DISCUSSION Commission Interviews: Commissiou vacancies were identified in the November/December 2011 Andover Today Newsletter. An application deadline of December 4, 2011 was set, Prospective candidates are interested in when the interview dates will be, so staff is requesting the City Couueil set a few dates aside to interview the candidates. ' _.Cnmmuuftx GentertAdvisary.GommissionsBwLaw. Relafive to the Community- Center Advisory Commission the current By -Laws indicate the foilowing: 1,03,.. MEMBERSEU13gMRW',M=APPOINT-AUNPS:. The term member of each commissioner shall be three (3) years. Commissioners shall serve until their successor is appointed and qualified. The City Council reserves the right to waive this role. three one-year term. one A current commissioner is considering reapplying, but would be prohibited by the By-law restriction. The question is does the Council want to change this section ofthe By -Laws? ACTION REQUESTED Schedule Commission interview dates &fgip,�ft dbredtmii W staYf#ori the' LoStauoity CAMM Ativisury y comm hssion63-Laws. submitted,