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HomeMy WebLinkAboutWK February 26, 2008 0 I 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER.MN.US City Council Workshop Tuesday, February 26, 2008 Conference Rooms A & B 1. Call to Order - 6:00 p,m. 2. Joint Open Space Commission Meeting 6:00 p,m,-7:00 p,m, 3. Joint Powers Agreement Discussion/Assessment Services Contract 4, Review of Sewer Staging Plan 5. Single Family Residential Rental Licensing 0 6, 2007-2008 Council Goals - Progress Report 7, Other Business 8. Adjournment 0 ~' 0 Sl\NDbVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755,5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administr# Will Neumeister, Community Development Director uiJ.-. FROM: Courtney Bednarz, City Planne(i. SUBJECT: Joint Open Space Commission Meeting 6:00 p,m,-7:00 p,m, DATE: February 26, 2008 INTRODUCTION A joint meeting was scheduled to allow the Council and Open Space Commission to discuss each others role in the process of preserving open space, DISCUSSION Most recently, the Commission has focused on'finding a property with which to pursue a DNR grant as requested by the Council. The Commission will continue this effort at their March 12th 0 meeting. The other tasks undertaken by the Commission, as shared with the Council at the January nod Work Session, are summarized below, 1. Contributing to the open space language of the Parks and Open Space Chapter of the Comprehensive Plan. The Commission discussed this item at each meeting until review was completed at the October 14th meeting, 2. Completion of a tabletop natural resource inventory. The Commission worked with the Anoka Conservation District to assemble all available information into a digital format. This allows the information to be readily available for reviewing properties and creating maps, Work on this task began in July oflast year and will continue in the future as the information needs to be updated periodically, 3, Creation of a method for evaluating properties for preservation. The Commission created a matrix for scoring properties based on the desirable characteristics defined in the Comprehensive Plan and the information available through the natural resource inventory, Work on this task began in October and continued through the last meeting, A draft of the scoring matrix is attached, 4, Reviewing funding opportunities. The Commission reviewed a number of funding sources to determine where matching funds could be found, The largest grant identified is the DNR Natural and Scenic Areas Grant Program with a 50% match up to 0 $500,000, However, the Commission did not feel that they would be in a position to recommend a project to the Council in time for the March 31, 2008 deadline for this grant program, NEXT STEPS 0 The Commission will apply the evaluation criteria to the natural resource inventory on a citywide basis, The result will be a prioritized list of areas and properties that can be recommended to the Council for preservation. It is anticipated that this will take some time to complete. The Council and Commission also expressed an interest in pursuing a grant through DNR to secure funding for field work. This would pay for field evaluation to refine the tabletop natural resource inventory for the prioritized areas, The funds could also pay for survey work to achieve legal descriptions for easements or deeds, ACTION REQUESTED The Council and Commission are asked to discuss their expectations for the year ahead, 0 0 0 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER,MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Joint Powers Agreement Discussion/Assessment Services Contract DATE: February 26,2008 INTRODUCTION The City of Andover's current contract with Anoka County for assessment services expires January 15, 2008, In an effort to prepare for 2009 assessment services the City of Andover is requested to review a proposed contract from Anoka County, Michael Sutherland,. Anoka County Assessor will be present at the meeting to present data (attached) and answer questions. 0 DISCUSSION The City of Andover's current contract with Anoka County for assessment services was last reviewed in December of 200 1. At that time, a six year contract was signed with the City having the right to terminate the agreement by providing, at a minimum, two years written notice by certified mail, which notice shall be sent prior to January 2 of any year to terminate assessment services to be performed two years from such date. The earliest the Council could terminate at this point would be for assessment year 2011. The proposed contract (attached) with Anoka County for assessment services is identical to the current contract with the exception of years service is for 2009 to 2013 assessment services and the cost per parcel is increasing, AdministrationlFinance has reviewed neighboring city budgets (Coon Rapids, Fridley and Anoka) that currently have in-house assessing services and have discovered that even with the significant cost per parcel increase the Anoka County Assessor is still a cost effective solution, At this point AdministrationlFinance is recommending that the City of Andover continue using the Anoka County Assessor as the City Assessor and to approve the attached "Joint Powers Agreement Between the City of Andover and the County of Anoka for Assessment of Property" for 2009 to 20013 assessment services, The City will have the right to terminate the agreement by providing, at a minimum, two years written notice by certified mail, which notice shall be sent 0 prior to January 2 of any year to terminate assessment services to be performed two years from 0 such date (i.e, to terminate the agreement for assessment services in the year 2011 the party must provide written notice of termination by not later January 2, 2009). BUDGET IMPACT Assessing Services and the parcel count is reviewed annually as part of the budget process. The City is budgeting $122,000 for 2008 and based on the forecasted parcel count would likely need to increase to around $138,000 for the 2009 budget based on the new pricing structure. ACTION REOUESTED The Andover City Council is requested to receive a presentation from the Anoka County Assessor and provide direction to staff relative to the "Joint Powers Agreement between the City of Andover and the County of Anoka for Assessment of Property" for 2009 to 2013 assessment servIces, I. 0 Attachment 0 @ c 0 U N T Y 0 F A N 0 K A DIVISION OF PROPERTY RECORDS AND TAXATION GOVERNMENT CENTER. 2100 3RD AVENUE' ANOKA, MN 55303 FAX (763) 323-5421 www,AnokaCounty.us/prop-records-tax . Property Assessment December 28, 2007 . Property Records and Public Service . Property Tax Accounting and Research City Council City of Andover c/o Jim Dickinson 1685 Crosstown Blvd NW Andover, MN 55304 To the Honorable Council, Accompanying this letter is a new Joint Powers Agreement for Assessment of Property between Anoka County and the City of Andover, The Agreement covers Assessment Years 2009 through 2013, taxes payable 2010 through 2014, The agreement has very few changes with the exception of the per parcel billed rate structure. 0 The current rates have been in place since 2002 and are listed as follows; Improved Residential $10.50/parcel Unimproved Residential $3.50/parcel Improved/Unimproved Commercial/Industrial $60,OO/parcel Improved/Unimproved Apartments $60.00/parcel The new agreement currently has the following base rate structure; Improved Residential $ 12.50/parcel . Unimproved Residential $4.50/parcel Improved/Unimproved Commercial/Industrial $80,OO/parcel Improved/Unimproved Apartments $80,OO/parcel Manufactured Homes $6,OO/parcel The line item for Manufactured Homes is new and will affect only those jurisdictions with Manufactured Home Parks within their boundaries, Anoka County has added this charge because of the quantity of units in our county and the difficulty of appraising and administering them, At first blush, the rate increases look large, however, the timeline covered runs 0 from 2002 to 2014 and is reflective of the increase in salaries and benefit costs as well as the cost of automobiles, fuel, equipment, maintenance and training Affirmative Action I Equal Opportunity Employer Q) il 0 incurred by Anoka County today and what we expect to deal with in the years to come. Anoka County values our relationship with the City of Andover and hopes that it will continue long into the future. In these trying budget times Anoka County will do whatever it can to continue the high level of service you are used to while trying to hold down costs wherever possible, If you have any questions, please give me a call at 763-323-5499 between the hours of 8:00 am and 5:00 pm Monday through Friday, Hoping to be of continued service to you, I remain", 0 Michael R. Sutherland SAMA Anoka County Assessor 0 @ 0 Anoka County .Contract No, JOINT POWERS AGREEMENT BETWEEN THE CITY OF ANDOVER AND COUNTY OF ANOKA FOR ASSESSMENT OF PROPERTY , THIS AGREEMENT is made and entered into this _ day of , 2008, by and between the City of Andover, 1685 Crosstown Blvd NW, Andover MN 55304, hereinafter referred to as the "Municipality," and the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "County," WITNESSETH: WHEREAS, pursuant to Minn. Stat. 9 273,072, any county and city, lying wholly or partially within the county and constituting a separate assessment district, may, by agreement entered into under Minn, Stat. 9 471,59, provide for the assessment of property in the city by the county assessor; and WHEREAS, pursuant to Minn. Stat. 9 273.03, subd. 2, the agreement may provide for the abolition of the office of the city assessor when the assessment of the property within the city is to be 0 made under an agreement by the county assessor; and W H ER EAS, it is the wish of the County to cooperate with the Municipality to provide'for a fair and equitable assessment of the property within the Municipality; and WHEREAS, said work will be carried out in accordance with the provisions of Minn, Stat. . 9471.59. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed as follows: I. That said Municipality constitutes a separate assessment district which lies wholly within the County and that all property in the geographical boundaries of this district shall be assessed by the County Assessor of the County beginning with the assessment year 2009, provided this Agreement is approved by the Commissioner of Revenue, II. Pursuant to Minn. Stat. s 273,072, subd, 2. the office of the city assessor in the Municipality shall cease to exist on January 16, 2008, but not before the end of the term of the current city assessor, if serving for a fixed term, or when an earlier vacancy occurs; provided, however, that upon the termination of this. Agreement, the office of city assessor shall be 0 automatically reestablished and shall be filled as provided by applicable law or charter in accordance with Minn, Stat. 9 273,072. III. The term of this Agreement shall be from January 16, 2008, through assessment services performed in the year 2013, unless earlier terminated as provided herein. (D 0 IV. In consideration of said assessment services, the Municipality shall pay to the County an annual payment as follows: 2009 Assessment services payable on or before January 15, 2008 2010 Assessment services payable on or before January 15, 2009 2011 Assessment services payable on or before January 15, 2010 2012 Assessment services payable on or before January 15, 2011 2013 Assessment services payable on or before January 15, 2012 V. For year 2009 assessment services, the Municipality shall pay the County as follows: A. Ten Dollars and 50/100s ($10.50) for each improved parcel of residential, seasonal recreational residential and agricultural type property; B. Sixty Dollars and 00/1 OOs ($60.00) for each improved and unimproved parcel of commercial, industrial and public utility type of property; C. Sixty Dollars and 00/1 OOs ($60.00) for each irnproved and unimproved parcel of apartment and mobile home park type property; D. Three Dollars and 50/1 OOs ($3.50) for each unimproved parcel of residential, seasonal recreational residential and agricultural type property; and 0 VI. For year 201 O.assessment services, the Municipality shall pay the County as follows: A. Twelve Dollars and 50/100s ($12.50) for each improved parcel of residential, seasonal recreational residential and agricultural type property; B. Four Dollars and 50/100s ($4.50) for each unimproved parcel of residential, seasonal recreational residential and agricultural type property; C. Eighty Dollars and 00/100s ($80.00) for each improved and unimproved parcel of commercial, industrial and public utility type of property; D. Eighty Dollars and 00/100s ($80.00) for each improved and unimproved parcel of apartment and mobile home park type property; and E. Six Dollars and 00/100s ($6.00) for each manufactured home. The same procedure shall be used, as described above, in the computation of the assessment payments due in 2011 through 2013, provided, however, that the costfor each type of parcel shall be increased according to the County Assessor's increase in operating costs, cost of living and merit adjustments established by the Anoka County Board of Commissioners for January 1 to December 31 in the year prior to the date of the assessment. 0 - 2- @ 0 VII. Notwithstanding Section III. above, the County and/or Municipality shall have the right to terminate this Agreement by providing, at a minimum, two years written notice by certified mail, which notice shall be sent prior to January 2 of any year to terminate assessment services to be performed two years from such date (I.e. to terminate this Agreement for assessment services in the year 2010, the party must provide written notice of termination by not later than January 2, 2008). IN WITNESS WHEREOF, the parties have hereunder set their hands on the dates written below. COUNTY OF ANOKA CITY OF ANDOVER By: By: Dennis D. Berg, Chair Mike Gamache County Board of Commissioners Mayor Dated: Dated: ATTEST By: By: 0 Terry L. Johnson County Administrator Title: Dated: Dated: APPROVED AS TO FORM By: By: Dan Klint Assistant County Attorney Title: Dated: Dated: The above Agreement is hereby approved by the Commissioner of Revenue this _ day of , By: Minnesota Commissioner of Revenue 1:\CIV\DKlCONTRACT\2007\Assessment-JP A \andover-assess jpa.doc 0 - 3- Q) 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER.MN.US To: Mayor and Council Members CC: Inn DWIcin,on, City AdmJnlirtrnto~ FROM: Will Neumeister, Community Develo ent Director (~ David Berkowitz, Director of Public W orks ~ SUBJECT: Review of Sewer Staging Plan DATE: February 26, 2008 INTRODUCTION At the City Council meeting of February 6, 2008 where the Comprehensive Plan Update was reviewed, there was discussion about having further review of the sewer staging plan at the next Council workshop. Staff has prepared this report to help explain why the sewer staging plan in the Comprehensive Plan Update is still the staff's recommendation. 0 DISCUSSION The discussions that occurred in 2004 at various Council workshops and meetings are important to remember as to how the sewer staging plan choices were made. We will attempt to summarize the events that occurred that resulted in choosing the sewer plan that we are now being asked to review once again. First of all, we need to recall what triggered the changes to the sewer staging plan in 2004. There was a need that arose to serve property owners located along Crosstown and also to the East of the railroad tracks. They didn't want to wait until the sewer was extended through the property owned by Winslow Holasek. To come to the conclusions that were made in 2004, there was extensive engineering analysis done to review the Bluebird sewer capacity. Prior to a final decision being made Winslow Holasek suggested the Yellowpine alternative be analyzed because it could relieve how much the Bluebird Trunk would need to handle. After much analysis and discussion, the Yellowpine Alternative was found to be the most efficient and logical way to provide sewer service. It allowed new developments such as: Miller's Woods, the new City Fire Station, Country Oaks West, White Pine Wilderness, Sophies South, and others located east of the railroad tracks to gain access to sewer. There are five primary reasons this seemed to make sense: 1. It allowed development in the northeastern area of the MUSA. 2. Relieved capacity issues of the Bluebird Trunk. 0 3. Allowed Mr. Holasek to control his timing. 4. Allowed capacity in the southeastern area of the MUSA to be utilized. 5. It was determined to be a very cost effective way to allow flexibility. 0 Fast forward to today. Now what is triggering the discussion? The property owners who showed up at the Public Hearing on Comprehensive Plan Update at the Planning Commission feel the need to change for different reasons: . Two property owners. feel that they don't want to wait until the trunk proceeds through the Holasek property to develop their property (Bob Day and Mike Smith). . In the short term., Mr. Holasek doesn't want to develop the land located west of the railroad tracks and feels that it would be more economical to serve the land of Mr. Day and Mr. Smith (and his land located along Prairie Road) from a line coming up Prairie Road. Even though he feels this way, he does not support changing his sewer staging for the land located west of the railroad tracks. This doesn't seem appropriate when we try to promote cost efficient sewer extension and reasonable development stages. Please note: Mr. Day and Mr. Smith could get sewer from the sewer lines that exist south of Andover Boulevard, if other property south of them develops to bring the lines to them. If . that occurs prior to Mr. HQlasek developing his property to the west, a comprehensive plan amendment could be requested at that time. The Director of Public Works will explain the various details related to the current sewer system at the meeting. He will provide information on the details of changing the sewer 0 lines to serve the areas owned by Mr. Day, Mr. Smith, and Mr. Holasek compared to using what has already been put into place with the implementation of the Yellowpine Alternative. To consider: If we change the sewer system to accommodate the property owners named above, then the property owners located east of the railroad tracks that were given favorable sewer staging in 2004 would potentially have it taken away and moved out to somewhere around the year 2025-2030. Staff will explain this at the meeting as to why that would possibly need to occur. ACTION REOUESTED Council is requested to receive a detailed presentation and Council will be asked to provide staff direction on what should be done with the sewer staging plan. Respectfully Submitted, ~Q~ ~41~b-' Will Neumeister David Berkowitz Cc: Bob Day, TMH Development, 3200 Main Street (Suite 280), Coon Rapids, MN 55448 Mike Smith, 4834 Greenhaven Drive, St. Paul, MN 55127 0 Winslow Holasek, 1159 Andover Boulevard NW, Andover, MN 55304 C I T Y o F 0 NDOVE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US To: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: Will Neumeister, Community Development Director ~ SUBJECT: Single Family Residential Rental Discussion -Planning DATE: February 26, 2008 INTRODUCTION The Mayor has requested that this issue be discussed once again. The last time the Council discussed this was February 27, 2007. This report summarizes what other nearby cities are doing in the area of Single Family Rental Ordinances. Attachments are provided that show a cross section what others fees are and also samples of their codes. Many cities are in the process of mounting a major effort to keep track of what single family rentals (including single family homes, duplexes or townhomes) exist in their community. The current cross-section of each city's tabulation includes the following: Fridley - 592 units, Blaine - 900 units, Brooklyn Park - 1,500 units, Champlin - 500 units, Ramsey - 330 units, Coon Rapids - 749 units. In discussing this with each of them, the list is Oowing every day as they locate new rentals. To develop the list the cities engaged in this process have taken steps such as: 1.) Public information campaigns; 2.) Logging word-of-mouth complaints from residents; 3.) Cross- checking public records on ownership and determining where utility bills are being sent, if not to the subject property. Painstaking efforts are being taken to develop a complete list of these units. Some cities are issuing large fines to owners who fail to register for a rental license within 30 days of being identified as being a rental unit. The consensus is that the number of units that are in this rental conversion are going to continue as the sales of properties has slowed. DISCUSSION Early in 2007, the City of Blaine changed their codes to allow them to regulate the single-family, duplex, and townhome rental units in their city. The code was changed because they began to notice older single family homes in neighborhoods that weren't being properly maintained by the landlords. In some instances they had quite a few police calls to these homes. To aid them in cleaning up both issues, the code amendment seemed to make sense. Most cities require annual inspections and because of the amount of work to administer the program, have had to hire someone. The fees collected were anticipated to cover most of the costs of hiring the code enforcement staff person. Three cities have their full-time . fire department staff administer the inspections program (Le. Columbia Heights, Fridley, Golden Valley). Cities have enacted the code changes to regulate the single- familylduplexltowhome rentals primarily to get ahead of problems that could face their police, fire and code enforcement staff related to disorderly conduct and substandard or unsafe dwelling conditions. ACTION REOUESTED Council is asked to review the materials and provide staff direction on any further work or code changes that they would be interested in. Q.espectfullY Submi~ Attachments Will Neumeister (ThiS Article from StarTribune.com has been sent to you by MikeGamache.) 0 *- /j Unlicensed rental pro~erties will face stiffer city penalties If * LORA PABST, Star Tri une Brooklyn Park city officials want landlords to know they are serious about cracking down on properties without rental licenses. After months of discussion about how much to raise fines, the City Council unanimously voted Monday to immediately increase the penalties for dozens of violations, from renting without a license to not taking out the garbage. But the biggest point of concem for the council is the number .of landlords who refuse to . renew or get rental licenses in the first place. The fine will go up from $150, the same cost of a rental license, to a graduated late fee, which could run $2,000 after 30 days. "If you want to have a rental property, it's a business and there are guidelines you have to follow," said Council Member Mark Mata. Brooklyn Park has 1,500 single-family homes licensed for rental, but City Engineer Gary Brown estimates there are probably 300 to 400 more the city doesn't know about. This fall, Brown hired a part-time employee to seek out these landlords. 0 The city has also had an increasing number of landlords who didn't renew their licenses this year but are still renting - 65, up from a handful last year. These cases require legal action that city officials want the defiant landlords, not residents, to pay for. "The city has spent a lot of money last year and this year to help neighbors feel safe in their own neighborhoods," Mata said. "It shouldn't be the residents of Brooklyn Park paying more taxes just to keep up their neighborhoods." Unlicensed homes have been identified as a key factor in rising crime in Brooklyn Park neighborhoods. This summer, the city instituted the Neighborhood Action Program (NAP), which increases cooperation between law enforcement and code enforcement and licensing inspectors to make sure one house doesn't deteriorate enough to affect the quality of the neighborhood. With the program in place, they are able to call on each other when they discover problem properties through the course of their work. Council Member Mike Trepanier said at Monday night's City Council meeting that the city needs to focus on getting long-term compliance from landlords. "This is a carrot and a stick," he said of the increasing fines. "If you respond sooner, you're not gonna get hit." 0 This year, the city charged one local homeowner with renting two properties without a license. In October, the homeowner was convicted and ordered to correct the code violations at his properties and update his license by Dec. 1. Brown said since the homeowner hasn't completed the work, he could now be facing jail time. "We're not messing around," Brown said. "If you come in now, it's $250, but if you let it go, it's $2,000." -Z-- , 0 0 * Golden Valley's Star Program reduces the cost of the rental license in $5 increments per unit for properties enrolled in the program. It bases the reductions off how many violations are found and whether or not the property is in compliance with city codes. For example, if a rental property is inspected and has no violations and is in complete compliance with all property maintenance codes, then their rental license fee would be $100 even if they have 12 or more units. 0 ~J- Rental Property 1 Page 1 of 3 ~,., FmJDLEY 6431 University Ave. NE Fridley, MN 55432 O - . ~~~~ _~{/n/L(!.~(1tQ Fridley Fire Department 763-572-3613 Fire Home Fire Administration Fire Safety Fire Services Fire Home Inspections Rental Housi!lQ Em~lovment t> Rental Property Inspection Housing Division Licenses & Permits Rental Housing Division mandates existence of rental property Property and maintenance program, which corrects substandard Parks & Recreation and maintains a standard for rental property. The City of believes in providing for public health, safety, and welfare of its Police & Fire Utilities 220 applies to all buildings, which are rented in whole or part Contact Us a dwelling for persons other than the property owner's family as defined therein. It includes accessory-structures such as garages and storage buildings, and appurtenances such as sidewalks, parking lots, 8' ,n' re"'n'n. w,n" wh'oh ,re on the lot whe,e the rent" property;, WA located. This chapter does not apply to Minnesota Department of o ..~. ..... Health licensed rest homes, convalescent care facilities, and nursing homes, nor to hotels and motels licensed by the City under Chapter 26. Download a rental license application. The City of Fridley has approximately 4000 licensed rental units. The addresses are divided into districts (grid #'s) and on a 4-year cycle. All documents are in Adobe AcrobatApproximately 1000 units are inspected annually. PDF format and require Adobe Acrobat Reader 5.0 or Jater. If necessary, you may download Acrobat Reader free of charge from Inspection Y 4 _ Adobe Svstems. Districts ear 2009, 2013 Link to important info. 2,15, 16, 17, from the Rental 18 Property Inspection 3, 4, 5, 9, 55, Complete Division. 66 Ins ection 8 10 13 14 Comple~e For further information ", Ins ectlon please contact the Rental 1 7 11 Complete Property Inspection ' , Ins ection Division at 763-572-3616 ~ Print this Paoe ,[!Ell Email this Paoe Rental Housing License Renewal Update o Rental license Periods 2nd Quarter July 1 through June 30 of a calendar year -y- http://www.ci.fridley.mn.us/fire/rpid-l.htm1/4/2008 Rental Property 1 Page 2 of3 3rd Quarter October 1 through September 30 of a calendar year 0 4th Quarter January 1 through December 31 of a calendar year Fee Table 1 Rental Unit $ 41.25 3 Rental Units $ 123.75 2 Rental Units $ 82.50 4 Rental Units $ 165.00 Over 4 Rental Units $ 165.00 plus $ 8.50 for each unit over 4 rental units Complaint Procedure 1. The tenant must notify the owner/manager in writing about the issues 2. Date and sign the notification 0 3. Give a specific date and time for items to be repaired (reasonable amount of time) 4. Keep a copy for your records ***If the corrections are not completed by deadline, contact the Rental Housing Division of the City of Fridley Fire Department to make a formal complaint and schedule an inspection. Complaint Procedure For Emergency Repairs For the following items notify both the owner/manager and the Rental Housing Division: Maintenance emergencies would include: . Missing or inoperable smoke detector . Inoperable fire alarm system . Severe water leak 0 . Infestation of insects or rodents . Loss of electrical power -5~ http://www.ci.fridley.mn.us/fire/rpid-l.htm 1/412008 Rental Property I Page 3 on . Loss of Natural Gas 0 . Unsanitary situations . Unsafe structure . Heating system failure . Blocked fire exits . Inoperable locking mechanism . Unsecured doors and windows . Overheating appliances or other possible fire condition . Immediate hazards from open flames, I.e. BBQ grills, illegal recreational fire Contact the Rental Housing Inspection Division at 763-572-3616 or e-mail the office at rpid(CilcLfridley.mn.us 0 Back to Top 763- Rental Property Inspection Division 572- 3616 Search Site Map Home City Manager Community Dev Finance Fire DeRt. Parks & Rec. Police Dept. Public Works Copyright @2004-2006 City of Fridley MN Updated August 31, 2007 By the use of the City of Fridley web site, you agree that you have read and understand the Privacy Policy and Disclaimer and agree to be bound by all of its terms. Many 0 documents on this site require Adobe Acrobat Reader 5.0 or greater to view them correctly. ~- http://www.ci.fridley.mn.us/fire/rpid-l.htm 1/4/2008 !I Cur tPtt'-A1Y/%Y -----------.--.-- 0 7.15 Rental Residential Dwelling Units Subd. 1. License Required. No person shall operate a multiple rental dwelling building or unit without first having obtained a license to do so from the City. Subd. 2. Expiration of License. Licenses shall be issued every two (2) years and shall expire on the anniversary date of the license. Subd. 3. Fees. a. License fees shall be established from time to time by resolution of the City Council. All required fees shall accompany an initial or renewal application. A delinquency penalty of five percent (5%) of the license fee shall be charged for each day of operation without a valid license up to 90 days. Thereafter, the City may take appropriate action to prevent the. continued use of the affected dwelling unit or units in accordance with State and local laws and ordinances. b. A licensee shall not be entitled to a refund of any license fee upon revocation or suspension. However, the licensee shall be entitled to a license fee refund, prorated monthly, upon proof of transfer of legal ownership or control. 0 c. A reinspection fee, established from time to time, by the City Council shall be charged for each reinspection required after the follow-up inspection to the initial inspection. Reinspection fees shall be payable at the time of license renewal and no renewal license shall be issued unless all inspection fees are paid. Subd. 4. Application. Application for an initial or renewal license shall be made by the owner of rental units or by the owner's legally constituted agent to the City on forms provided by the City. Applications shall include at a minimum: a. Name, address, telephone number, and date of birth of the dwelling owner, principal partners if a partnership, or corporate offices if a corporation. b. Name, address, telephone number, and date of birth of the designated local agent, ifany. c. Name, address, telephone number, and date of birth of the vendor if the dwelling is being sold through a contract for deed. d. Local address of the dwelling. 0 e. Number ofbuilding(s). -I} --~ ~..:.:....~=-r~.=~7iE_iii~~~.~_....~..._ 0 f. Number of dwelling units within each building. g. Description of procedure through which tenant inquiries and complaints are to be processed. Every person holding a license shall give notice in writing to the City, within ten (10) business days after any change to any of the required information. Application for license renewal shall be filed at least sixty (60) days prior to the license expiration date. Within two (2) weeks of receipt of the completed application and required license fees, the City shall schedule an inspection. No application for an initial or renewal license shall be issued until the City has determined that the licensed premises is in conformance with all State and local laws and ordinances. Subd. 5. Issuance. All initial and renewal licenses shall be issued by the City Council. If the City Clerk and/or Building Official determine there may be grounds for denial, a report of such shall accompany the application submitted to the City Council. Subd. 6. Local Agent. No license shall be issued or renewed if the owner does not reside within 75 miles of the rental dwelling units unless such owner designates in writing the name of a local agent who resides within 75 miles of the rental units, who 0 is responsible for the maintenance upkeep of the building, and who is legally constituted and empowered to receive service of notice of violation of the provisions of the City Code, to receive orders, to institute remedial action to effect such orders, and to accept all service of process pursuant to law. The City shall be notified in writing of any change of local agent. Subd.7. Inspection. The City, upon receipt of said application for initial renewal license, shall cause the premises to be inspected by the Building Official, health authority, fire prevention office, and/or such other inspectors as it deems necessary for the purpose of this Section. No license shall be issued or renewed unless the City has been given permission to inspect the dwelling as provided for in the application. Subd. 8. Posting License. Every licensee of a residential rental facility containing three or more dwelling units shall cause to be conspicuously posted in the main entryway or other conspicuous location therein the current license for the dwelling. Every licensee of a single occupancy facility shall provide to the occupant of the dwelling unit, a certified copy of the current license for the dwelling. Subd. 9. License Not Transferable. No license shall be transferable to another person or to another rental dwelling or rental dwelling unit. Every person holding a license shall give notice in writing to the City within ten (10) business days after having legally transferred or otherwise disposed of the legal control of any licensed 0 rental dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. I Historical Note I Ord. #03-26 added ~7.J5 Rental Residential Dwelling Units. Effective August 25,2003. -g:- CITY OF ANOKA CITY CODE CHAPTER 48;ARTICLE II 0 CHAPTER 48. PROPERTY MAINTENANCE STANDARDS ARTICLE II. Rental Licensinl!: Section 48-40. Purpose and Intent. It is the purpose of this Article to assure that rental housing in the City of Anoka is decent, safe, and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residentiarproperties is a business enterprise that entails certain responsibilities. Operators are responsible to take such reasonable steps as are necessaIY to assure that the citizens of the city who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and sanitary; free from crimes and criminal activity, noise, nuisances or annoyances; free from reasonable fears about safety of persons and security of property; and suitable for raising children. It is the intent of this Article to establish uniform standards that are applicable to all rental dwellings in the City. This Article does not apply to the portion of a rental dwelling that is occupied by the owner. Section 48-41. Definitions. The definitions contained in Article I, of this Chapter apply herein. Additionally, the following defmitions shall apply in the interpretation and enforcement of this Article. Agent. A person designated by the owner ofa rental property to act on behalf of the owner. 0 Multiple Dwelling. A building or portion thereof containing three 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 or operator to three or more persons. Section 48-42. License Required. No person, firm or corporation shall allow units in a rental dwelling for which a rental license has not been granted by the City to be occupied or let to another for occupancy. Section 48-43. Application for License. Applications for a rental license shall be made in writing to the City by the owner of the rental dwelling unit(s) or his/her designated agent. Prior to issuance or renewal of a rental license, the owner shall submit a completed application to the Planning Department. (a) The following persons shall be authorized to sign and submit a rental license application. (I) 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: 0 (1) Name, address and phone number of the property owner. (2) Name, address and phone number of the property manager if different from the lof4 -1- CITY OF ANOKA CITY CODE CHAPTER 48;ARTICLE II 0 property owner. (3) Name, address and phone number of the designated agent. (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 offered for rent. (6) An acknowledgement that the owner or designated agent has received a copy of this ordinance. Section 48-44. 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. Section 48-45. Initial License Issuance. During the initial start up of rental licensing, the property maintenance coordinator shall provide_all rental dwellings a rental license upon receipt of a properly executed application for licensing and receipt of the appropriate fee. Section 48-46. Renewal of License. 0 The license period shall commence on January I, 2006. A rental license shall be issued for a period of three (3) years. Section 48-47. Transfer of License. A rental license is transferable to any person who has actoally acquired legal ownership of a licensed building for 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 or suspension of a rental license. The rental license shall terminate upon failure to apply for its transfer within thirty (30) days of closing. Section 48-48. Inspections of Dwellings - generally. Upon receipt of a properly executed application for licensing and receipt of the appropriate fee, the property maintenance coordinator or his/her designee may cause an initial inspection to be made of the premises to determine whether the property is in compliance with this Chapter. Any rental dwelling may be re-inspected after a renewal application is filed to determine compliance. (a) The property maintenance coordinator or hislher 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 safegnard the health, safety, morals, and welfare of the public. The property maintenance coordinator, 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 eve/)' dwelling, multiple dwelling, dwelling unit, rooming house, rooming unit, and premises or 0 the person in charge thereof, shall give the property maintenance coordinator 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 20f4 -10- CITY OF ANOKA CITY CODE CHAPTER 48;ARTICLE II 0 such inspection, examination and sUlVey. (b) If the owner, operator, person in charge, or occupant shall refuse to consent to the inspection, a search warrant may be obtained: (I) Where there is probable cause to believe a violation exists within the particular structure; or (2) Where a determination has been made to conduct periodic inspections of certain areas of the city. (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 504B.211 (Residential tenant's right to privacy) as amended. Section 48-49. License Suspension, Revocation, Denial and Non-Renewal. (a) The City Council may revoke, suspend, deny or decline to renew any license issued under this Article upon the following grounds: (I) False statements on any application or other information or report required by this Article to be given by the applicant or licensee. 0 (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 not renew a rental license without a public hearing and written notice of that hearing is sent to the property owner and affected tenants a minimum of ten days prior to the hearing. (c) 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 and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. (d) The Council may suspend, revoke, deny or not renew a license for part or all of a facility. (e) 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 year. Such new applications shall be accompanied by a reinstatement fee as required by this Article. (f) A written decision to revoke, suspend, deny or not renew 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 rental 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 0 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 30f4 -//- CIlY OF ANOKA CIlY CODE CHAPTER 48;ARTICLE II 0 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 or in paragraph (d) of this Section. Section 48-50. Display of License. Licenses issued under this Article must be displayed on the premises 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 tenant or City official. Section 48-51. Fees. Rental license fees and reinstatement fees are to be determined by the City Council. Section 48-52. 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 evection of tenants from a rental 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. Section 48-53. Summary Action. When the conduct of any license holder or their agent, representative, employee or lessee or the 0 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 ofthe rental dwelling. Section 48-54. 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. Section 48-55. 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. Sections 48-55 tbrougb 48-69. Reserved. 0 40f4 -12- - 0 RENTAL LICENSE APPLICATION ALL INFORMA nON ON THIS APPLICA nON MUST BE COMPLETED I) New License License Renewal Change in License_ - 2) OWNER INFORMA nON Name: Business Name: Mailing Address: City: State: _ Zip: Phone Numbers: BUSINESS EVENING 0 CELL EMERGENCY FAX 3) PROPERTY MANAGEMENT INFORMA nON (if different from property owner) Name: Business Name: Mailing Address: City: State: _ Zip: Phone Numbers: BUSINESS EVENING CELL EMERGENCY FAX 4) A GENT (if different from property owner) Name: Business Name: Mailing Address: City: State: _ Zip: Phone Numbers: BUSINESS EVENING 0 CELL EMERGENCY FAX I -8- 0 5) RENTAL PROPERTY INFORMATION Property Address: Property Identification Number: Type (circle one) SINGLE-FAMILY DUPLEX (two family) 3 OR MORE UNITS (multi-family) IF MUL TI-FAMIL Y BUILDING - COMPLETE THE FOLLOWING: a) How many buildings in complex? b) How many units in each building? c) Name of Complex? d) Are any units owner occupied? SINGLE-FAMILY I DUPLEX (two family) Unit #1: Number of Bed rooms? Unit #2: Number of Bedrooms? 3 OR MORE UNITS (multi-family) Layout Type #1: Number of units? Number of Bedrooms? Layout Type #2: Number of units? Nwnber of Bedrooms? Layout Type #3: Number of units? Number of Bedrooms? . Layout Type #4: Number of units? Number of Bedrooms? 0 * if more than four layout types exist, please include other layout types on a separate sheet of paper. If there is more than one address or parcel number for each building, you must indicate below. Additional Addresses: Additional Parcel Numbers: Applicant Affidavit: I acknowledge that I have received a copy of Article II of Chapter 48 - Property Maintenance Standards. I hereby attest to the truth and accuracy of the information contained in this application. Signature of Owner I Agent: Date: For City Use Only: Date received: Total number of units: Application checked and approved by: Date approved: 0 . 2 -IY- : 0 Rental Licensinl! Fees ~ Rental License Fee All rental properties within the City of Anoka will be charged a rental license fee for a three year rental license. The following chart outlines rental licensing fees. 1-2 unit buildings ....................................... $20 3-8 unit buildings ....................................... $25 9-24 unit buildings ..................................... $30 25-50 unit buildings.................................... $35 51- 75 unit buildings .................................... $40 76 units or more ......................................... $45 ~ Rental License Re-inspection Fee The primary objective of a rental license re-inspection fee is to establish a fee system that provides incentives for the earliest possible compliance with the code and to recover departmental costs associated with extra-ordinary enforcement efforts that are required when a property owner does not comply with an order in a timely manner. The following infonnation explains both the fees and the policies associated with them. It is intended to help property owners and the public, understand the process. 0 Fee Schedule: Any re-inspection with full compliance FREE Any re-inspection without compliance $25 per failing unit ~ Reinstatement Fee The City Council may revoke, suspend, deny or decline to renew any rental license issued under Chapter 48, Article II; Rental Licensing. Upon doing so, any new application for reinstatement shall be accompanied by a reinstatement fee of$100. General Policy 1. A rental property is charged a rental license re-inspection fee whenever the property is not compliant at the time of the re-inspection (after finding a violation and given a reasonable time to comply). 2. Compliance orders for city code violations are issued according to the City of Anoka Property Code Violation Procedure. 3. Rental properties will not be granted a rental license until all appIlcable fees have been paid. 0 -6- 0 CITY OF BLAINE ORDINANCE NO. 07-2122 AN ORDINANCE DELETING SECTION 18-322 FROM ARTICLE VIII OF CHAPTER 18 OF THE BLAINE CITY CODE, AND ADDING ARTICLE X TO CHAPTER 18 OF THE BLAINE CITY CODE, RELATING TO LICENSES FOR RENTAL DWELLINGS THE CITY OF BLAINE DOES ORDAIN:(Added portions are underscored and deleted portions are shown in brackets with overstrike.) (See. 18 J22. Lieensing af rental units (a) RfHll,[jl"ed; peried; renewal; erifer-eing against ell'ner eccl,[pant. To allow for a systematie eafereemeftt eftais OOieIe upon rental d'.vellings, no person saall, after the eaaetffieftt ef erdinanee from whieh tae artieIe is derh'ed, efleFate a reHtal dwelling witaout first aaving obtained a license to do se frem the city, as pro'lided ia tais section. Each such operating license saall be issued ar.nually and shall expire on the anniversary elate ef issuance. License renewals saall be filed at least 60 days prier te ilie Iieease expiration date. If an impairment should occur in an O'Nner occupied dwelling that threat1:lns the health, safety, and ,-,.'slfars efthe occupants er adjaeeftt prBperty O'lif16rs/renters, and if the impairment is a 'iiolation of seetieR I g 313, tae eity is empower1:ld te 6Rferee this OOiele. 0 (b) CerifermfH'lce prerequisite te iss1%fH'lee. }fe ep6Fat:ing Iieense shall be issued or ronew6d unless the rental mvelling and its premises conf-orm te tae srdiRanees ef ilie city anel tae laws ef the state. (e) lieense fees. The annuallieense fee and eKpiration date shall be as established by action ef the eeuneil. (d) Ownef" er agent te apply. LiC€RSe llflplieatieR er reRewal applicatien shall be maae by the owner ef refttal units or the owner's legally eeRstitHte ageftt. .^.pfllieatiea feffflS may be acquired from and subsequently filed with the city inspector. (e) Resident agent required. No operating lieeRse shall be issued or renewed for a ReflfesiaeRt ewner of reHtal awelliRg uRits (oae who does Hot reside iR any of the follewiRg state eeunties: HeflHepm, R-affisey, .^.neka, Carver, Dakota, Scott, or 'VashiRgt-oa), unless suea ewaer designates in ,:Kitieg 10 the sity iRspes1er the Harne ef sHsh 0'.'ffier's Fesideflt ageflt, (one who e10es resiele iR any sf the fellewiRg eeunties: HeHflepiR, .\Hsk-a, R-amsey, Carver, Dakota, Scott er WashiRgtea) wae is respeasible fer maiftteRanse and Hflke6fland whe is legally coastituted and empowered to recebe service of notice of Yiolatien of the provisions of the sity ordiRaRees, to receive orders and to institute remedial action to effect such orders and to ascept all service or prseess pl:lFSUant ts law. The city inspector shall be Retified iR '''Kiting of any change of resiaeftt ageflt. This requiremeat ma-y be wai'ied if, iR the city inspeeter's determiRatieR, ilie OWRer Ret 1i-'iiRg iR eRe of the speeified counties, is nonetheless suffieiefttly ascessible for the pUlJloses of 0 this ooide. - 1- -/~- 0 (f) Agpeement fa tfllell' inspectien. No operating license shall be issHea sr renewea l:Inless the owner sf rental l:Inits agrees in the application to permit iHspectioH pllrsHant to 8ectioH 18 ~ (g) .nesting of license. E'lery lieensee sf a rental Gwelling shall coose to be conspicHously posted in the main entry'.va-y or other cOHspicllOllS 10catioH t-hereiH the eUITent license for the respecti'le rental d'.veIliHg. (h) Ty-ensfcyeflieense. No opeFating lieeHse s-hall be tFaHsfemele to an0ther reHta-l awelling. No operatmg license shall be tFaHsfemele to anether person '.vithotlt approval of the eity council. E'iery persen hsll:iing an speFatmg Iieense shall giye notice in writing to the city inspector '.vithin five bHsiness days after haviHg legally tFaHsfeITea sr stherwise disposed of the legal control of any liceHsea rental ay/elling. SHeh notice shall inelHde the name and address of the person sHcceeaing to the ownership or control of such rental dwelling. (i) License suspensian ay Fei?ae1iltien. Every sperating license issued under the pmvisioHs of this article is subjeet ts suspension or revocation by the cOHncil should the Iieensea eWHer, or the duly authorized resident agent, fail to ofleFate sr maintain licensed rental dwellings ana llnits therein consistent with the prs'iisions of the ordinances of the city and the laws of the state. If an operating lieense is suspended or revoked by the eouneil f-or just eoose, it sRall be unlawful for the ewner or duly authorized agent to thereafter permit any He'N oeeHpancies of vacant or therea-fter ','aeatca HBits until sueh time as a valid operating license Ras been restored by the 0 eouneil. ] ARTICLE X. LICENSES FOR RENTAL DWELLINGS Sec. 18-501. License Reauired/Definitions. (a) License. No person shall allow to be occupied or let to another for occupancy a unit or units in a rental dwelling for which a license has not been granted by the Citv. (b) Definitions. Unless otherwise expressly stated. the following terms shall. for the purposes of this article. have the following meanings: ill Rental Dwellinf!. Any structure or portion thereof which is designated or used for residential occupancy by one or more persons who are not the owner or a member of the owner's family. ill Familv. One or two persons or parents. with their direct lineal descendents and adopted or legally cared for children together with not more than two persons not so related. living together in the whole or part of a rental dwelling compromising a single housekeeping unit. 0 -2- -17-- 0 Sec. 18-502. Application. (a) Before any license shall be issued or renewed, the owner of the rental dwelling shall complete an application. The following persons shall be authorized to sign and submit the application: (]) If the owner is a natural person. bv the owner thereof. (2) If the owner is a corporation. by an officer thereof. (3) If the owner is a partnership. bv a partner thereof. (b) The application shall be made on a form prescribed bv the City and shall include: (]) The name and address of the owner of the rental dwelling. (2) The name and address of any operator or agent activelv managing the rental dwelling. (3) If the operator or agent is a business entity, the application shall include the names, telephone numbers and addresses of individuals who will be involved in such management. together with a description of the scope of services and 0 manner of delivering these services bv the manager. (4) If the applicant is a corporation. the name and address of all officers. (5) If the applicant is a partnership, the name and address of all partners. (6) If the rental dwelling is being sold on a contract for deed. the name and address of the vendees. (7) The legal address of the rental dwelling. (8) Owner, agent or manager that notices of violation should be directed to pursuant to this ordinance. Sec. 18-503. License Issuance. The City shall issue a license if the building and the application are found to be in compliance with the provisions of this Chapter provided that all real estate taxes and municipal utility bills for the premises have been paid. Real estate taxes will not be. considered to be unpaid for purposes of this Section while a proper and timelv appeal of such taxes is pending. Sec. 18-504. Term of License. 0 Licenses will be issued for a one year period and the license term shall conunence on June I. -3- -I?- 0 Sec. 18-505. License Fees. The license fees shall be established by resolution. The license fee shall be collected for each building and unit in a rental dwelling. (1) If an application for a license is made after its due date Mav 1st a late fee as established by resolution. will be added to the initial license fee. For each subsequent 30-day period an additional late fee will be imposed. Sec. 18-506. Postinf! of License. The licensee shall post a COpy of the license in a conspicuous public corridor or hallway or lobby of the licensed rental dwelling. Sec. 18-507. Transfer of License. A license is transferable for a fee to any person who has actually acquired legal ownership of the rental dwelling. The transfer shall be effective for the unexpired portion of the license period. provided that a transfer application is filed with the Citv prior to the actual change of legal ownership and that the transferee is not disqualified from holding the license. A license shall terminate upon an owners failure to apply for a transfer prior to change of legal ownership. The fee for the license transfer shall be established by resolution. 0 Sec. 18-508. Conduct on Licensed Premises. (a) Disorderlv Premises. The licensee shall be responsible for ensuring that persons occupying or present at the rental dwelling conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this Section. a premises is disorderly if any of the following occur: (1) Violation of Section 50-141 (Disorderly House) of the Citv Code or Minnesota Statutes. Section 609.72. (2) Violation of laws relating to the possession of controlled substances as defined in Minnesota Statutes Section 152.01. Subdivision 4. (3) The unlawful possession or sale of intoxicating liquor or 3.2 percent malt liquor. (4) Violation oflaws relating to gambling. (5) Violation of laws relating to prostitution as defined in Minnesota Statutes. Section 609.321. Subdivision 9. or acts relating to prostitution. (6) Unlawful use or possession of a firearm or weapon in violation of Chapter 0 50. Article III. Division 2 of the Citv Code or Minnesota Statutes. Section 609.66. Subdivision la. 609.67 or 624.713. -4- -/1- 0 (7) Violation of Minnesota Statutes, Section 609.705 (Unlawful Assemblv). (8) Violation of Minnesota Statutes. Section 609.71 (Riot). (9) Violation of Minnesota Statutes. Section 609.713 (Terrorist Threat). (10) Violation of Minnesota Statutes. Section 609.715 (Presence at Unlawful Assemblv). (11) Anv other conduct deemed disorderlv bv the City Manager or designee. (b) Enforcement Authoritv. The City Manager or designee shall be responsible for enforcement and administration of this Article. Authority to take anv action authorized bv this Article mav be delegated to the City Manager's authorized designee. (c) Notice of Violation. Upon determination bv the City that a rental dwelling was deemed to be a disorderlv premises, notice of the violation shall be given to the licensee or designee. The notice shall include a directive for the licensee to take steps to prevent further violations. All notices given bv the City under this Section shall be served on the licensee or designee, sent bv mail to the licensee's last known address. or. bv posting the notice in a conspicuous place at the rental dwelling. 0 (d) Second Instance. If a second instance of a disorderlv premises occurs within the annual license term the City shall notify the licensee or designee of the violation and shall also require the licensee to submit a written report of the actions taken and proposed to be taken bv the licensee to prevent further disorderlv use of the premises. This written report shall be submitted to the City within five davs of receipt of the notice of disorderlv premises and shall detail all actions taken bv the licensee in response to all notices of disorderlv premises within the license term. ( e) Third Instance. If a third instance of a disorderlv premises occurs within the annual license term the rental dwelling license for the premises mav be denied. revoked. suspended. or not renewed in accordance with Section 18-509. (f) Instances Defined. For purposes of this Section. second and third instances of disorderlv premises shall be those which: (1) Occur at the same rental dwelling unit: or (2) Involve tenants at the same rental dwelling unit; or (3) Involve guests or invitees at the same rental dwelling unit: or (4) Involve guests or invitees of the same tenant: or 0 (5) Involve the same tenant. -5- -2-6 - 0 (g) Eviction Proceedings. No adverse license action shall be imposed where the instance of disorderly premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty davs of notice given by the licensee to a tenant to vacate the premises, where the disorderly use was related to conduct by that tenant or bv other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to license action. however. unless they are being diligentlv pursued by the licensee. (h) Evidence of Disorderlv Premises. A determination of disorderly premises shall be made upon substantial evidence. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly premises. Moreover. a dismissal or acquittal of any such criminal charge will not operate as a bar to license action under this Article. (i) Council Action Not Exclusive. Enforcement actions provided in this Article shall not be exclusive. The City Council may take any action with respect to a licensee. a tenant, or the licensed premises as is authorized by the City Code or State Law. Sec. 18-509. Suspension. Revocation. Denial. Non-Renewal. (a) An action to deny, revoke, suspend, or not renew a license under this Article shall be initiated by the City by giving written notice to the licensee of a hearing before the 0 City Council to consider such denial. revocation. suspension or non-renewal. The written notice shall specify all violations and shall state the date. time. place and purpose of the hearing. The hearing shall be held no less than ten days and no more than thirty days after giving the notice. In such hearing the City Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply with City requirements. Following the hearing, the City Council in its sole discretion may denv, 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 Article. Further. an action to denv, revoke, suspend. or not renew a license based upon violations of this Article may be postooned or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. The City Council shall issue its decision upon written findings. (b) Reason for Action. The City Council may revoke. suspend. deny or decline to renew anv license issued under this Article upon any grounds it deems appropriate including. but not limited to. the following: (I) False statements on anv application or other information or report required by this Article to be given by the applicant or licensee. (2) Failure to pay any application fee. penalty. re-inspection. or reinstatement 0 fee required by this Article and resolutions. -6- -Z-.I_ , 0 (3) Failure to correct deficiencies noted in notices of violation in the time specified in the notice. (4) Anv other violation of this Article. (c) Reinstatement of License. Upon a decision to revoke, deny, or not renew a license, no new application for the same rental dwelling will be accepted for a period of time specified in the written decision of the City Council, not exceeding one year. Any such new application must be accompanied by a reinstatement fee, as specified by resolution. in addition to all other fees required bv this Article. (d) No New Rentals. A written decision to revoke, suspend. deny, or not renew a license shall specify the part or parts of the rental dwelling 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 rental dwelling may be re-Iet or occupied. Revocation, suspension or non-renewal of a license shall not excuse the owner of a rental dwelling from compliance with the terms of this Article for anv other unit or units in the rental dwelling which remain occupied. (e) Failure to Comolv. Failure to comply with any term of this Article during a period of revocation, suspension, or non-renewal is a misdemeanor and is also grounds for extension of the term of such revocation or suspension or continuation of non- 0 renewal. or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non-renewal specified in the City Council's written decision. Sec. 18-510. No Retaliation. No licensee shall evict. threaten to evict, or take any other punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity, suspected criminal activity, suspicious occurrences, or public safety concerns. This Section shall not prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules. regulations or lease terms other than a prohibition against contacting law enforcement agencies. INTRODUCED AND READ in full this 15th day of February, 2007. PASSED by the City Council of the City of Blaine this 8th day of March, 2007. Tom Ryan, Mayor ATTEST: 0 Catherine Ekstrand, Deputy City Clerk -7- - '2..2-- --- 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers ,FROM: Jim Dickinson, City Administrator SUBJECT: 2007-2008 Council Goals - Progress Report DATE: February 26, 2008 INTRODUCTION At the August 21, 2007 Regular City Council meeting the Council adopted the attached table displaying a listing of individual Councilmember submitted goals along with the tabulated priority scoring from the individual Councilmembers. The listing below identifies the scoring method used: 0= No action necessary. 0 1 = Very low priority, work on only when other goals are completed. 2 = Low priority, work on to complete as time permits. 3 = Medium priority, pursue goal on a continual basis to complete by next spring. 4 = Aggressively pursue, work on to assure completion as soon as possible. DISCUSSION Staff is well underway with most of the goals identified and a brief summary of progress is identified on the attached goals listing. Administration would like to check in with the Council to determine if the Council feels that acceptable progress is being made and to see if the original priority of the goals on the listing remains the same. 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